Scanned from the collections of The Library of Congress AUDIO-VISUAL CONSERVATION at The LIBRARY of CONGRESS Packard Campus for Audio Visual Conservation www.loc.gov/avconservation Motion Picture and Television Reading Room www.loc.gov/rr/mopic Recorded Sound Reference Center www.loc.gov/rr/record i Alert. Intelligent MOTION PICTURE DAI and Impartial 44. NO. 65 NEW YORK, MONDAY, OCTOBER 3, 1938 TEN CENTS New G.N. Sets 44 at Chicago Sales Meeting Additional 24 Westerns Are Contemplated Chicago, Oct. 2. — The newly or- ganized Grand National Pictures, Inc., formally went into operation Saturday with a sales conference in Chicago presided over by Edward L. Alperson, general manager of distribution. The conference was attended by sales ex- ecutives from the middle and far west, and will be followed by a meeting of eastern and southern executives in New York next Saturday. The first official announcement of the company's product for the 1938-39 season showed that Grand National will release 44 feature pictures, to which they contemplate adding two important special productions ; 24 west- erns, divided into four groups of six each, and 44 short subjects from Edu- cational Pictures, 18 of which will be two-reel star comedies and the bal- ance one-reel subjects. Mr. Alperson announced a number (Continued on page S) Early Decision on RKO Plan Expected The Federal court's indicated dis- approval of a minoritv creditor's peti- tion to bring the S.E.C. into the RKO reorganization proceedings, together with the easement of the European sit- uation and its attendant stabilizing of the American securities market, will make possible an early decision by re- organization factors on the manage- ment and board of directors of the new company, it was indicated in offi- cial quarters over the weekend. Both the petition for S.E.C. inter- vention and the unsettled European (Continued on pane 5) Two Marquee Bills Await City Action With the reopening of the Municipal Assembly's fall session, two pending bills for the regulation of marquees will come up. Bill C-121, which was passed June 14 by the Citv Council and now awaits action by the Board of Estimate, permits signs nine feet wide to be placed on the face of the marquee. Present restrictions limit such signs to two feet, but the regula- tion is not being enforced. Another bill, C-2.73, attempts to ex- tend the ban against marquees which now exists on a number of New York (Continued on page 5) Comrades Budapest, Oct. 2. — Over in effete New York disturbed producers toss bare knuckles in the direction of critics on rare occasions — the way Jack Kirkland chose with Richard Watts. Here they use sabers. They, in this case, were Bela Pasztor, film producer, and Zoltan Egyed, scenarist and critic. Pasztor didn't like a criticism by Egyed and challenged him to a duel. Egyed chose the sabers, in accordance with ancient cus- tom— and he made a mistake. He may not have known about Kirkland's simple tech- nique. Egyed received slight in- juries and Pasztor was ser- iously cut on the head and chest. Film Lawyers May See Arnold Again Later This Week The second meeting of counsel for the principal defendants in the Gov- ernment anti-trust suit with Depart- ment of Justice officials may be held in Washington late this week, it was in- dicated yesterday. The date for the resumption of con- ferences will be set following a meet- ing today of counsel for all eight major company defendants. At the initial meeting with department offi- cials only the five companies having theatre affiliates were represented. However, due to the fact that several of the subjects touched upon at last week's meeting, such as trade practices (Continued on page 7) MPTO Invites Producers to Product Talks Hope for an Exchange of Opinion at Convention A national exhibitor forum on new season product, in which the heads of all major studios will be asked to participate, is planned for one of the sessions of the M.P.T.O.A. national convention at Oklahoma Citv, Oct. 30 to Nov. 2. Invitations to attend the session were sent out Saturday by M.P.T.- O.A. headquarters here to Harry Cohn, Columbia; Adolph Zukor, Para- mount; Samuel Goldwyn, United Art- ists ; Louis B. Mayer, M-G-M ; Pandro S. Berman, RKO ; David O. Selznick, Selznick International ; Dar- ryl F. Zanuck, 20th Century- Fox ; Cliff Work, Universal, and Jack L. Warner, Warners. The forum is designed to give ex- hibitors an opportunity to provide a cross section of national opinion on various types of product, casts and ad- (Continued on page 5) Republic Aims for 2,000 New Accounts Hollywood, Oct. 2. — Here for a week of conferences with local ex- change men and with Moe J. Siegel over production plans, J. R. Grainger, president of Republic Pictures, de- clared Saturday that Republic sales are $1 ,000,000 ahead this year over last year at this time, and that pros- pects are hopeful for selling 9,000 domestic accounts for the new season. (Continued on page 5) Twas an III Wind- "It's an ill wind that blows nobody good," and "he who laughs last laughs best" are ancient cliches indeed, yet no other more modern expressions serve quite so beautifully as introductions to a tale which Monroe Greenthal of United Artists submits is the truth, the whole truth and nothing but the truth, so help him. At any rate, prior to the opening of "Hurricane" in Boston some six months ago, Mr. Greenthal sent exploitation man Art Catlin to that city to cook up some publicity. And what did Mr. Catlin do, my hearties, but purchase a year's hurricane insurance cover- ing the Metropolitan Theatre, following which he attempted to plant the yarn with the newspapers. But they clucked sadly at his speech and refused to run the story, for Boston doesn't have hur- ricanes. Wherefore, they inquired, why hurricane insurance? Came the hurricane of two weeks ago, the expensive marquee of the Metropolitan was blown down, and a new one is being put up by the insurance company which issued the policy. For a fitting close to this yarn, cast eyes upward to the cliches. Warners Give Until Dec. 1 On Debentures Deposit Date Extended; $17,457,000 Now In Extension to Dec. 1 of the right of holders of Warners' optional six per cent convertible debentures, due Sept. 1, 1939, to deposit their bonds for ex- change for new debentures maturing in 1948 has been voted by the direc- tors, Albert Warner, vice-president, has informed bondholders by letter. The original date on which deposits would terminate under the plan of ex- change sent to bondholders July 22 was Oct. 1, subject to such extensions as the directors might elect. Mr. Warner said in his letter that as of Sept. 28, of the $29,400,000 prin- cipal amount of debentures outstand- ing, $17,457,000 have been deposited with the New York Trust Co. as depositary. "A large number of debenture hold- ers have expressed their intention of (Continued on page 5) Shorts Not Forced, Declares Montague Declaring that it has not been Co- lumbia's practice to force shorts with features, A. Montague, general sales manager, on Saturday cited a letter sent to Ed Kuykendall, M.P.T.O.A. president, Jan. 29, 1937, setting forth the company's policy in detail on the subject of shorts forcing. Mr. Montague's statement of Satur- day was made in reply to queries put to him and other major company dis- tribution executives following publica- tion of a letter from William F. Rodgers setting forth Loew's policy on the subject for Allied of New York. Mr. Montague's letter to Mr. Kuyken- dall was Columbia's response to the (Continued on page 5) M-G-M Will Produce 52, States Lichtman M-G-M will make the maximum of 52 features scheduled for release by the company during 1938-'39, says Al Lichtman, vice-president, who arrived Friday from the coast for home office conferences. The company is selling contracts on the basis of delivery of • from 44 to 52 pictures. Eight or nine of these are completed or nearly so. No further executive changes are planned at the studio, and production is proceeding rapidly, said Mr. Licht- man, MOTION PICTURE DAILY v r Monday, October 3 1938 See End of Games In Phila. Decision Philadelphia, Oct. 2. — With Judge Gerald Flood's ruling banning "Quizzo" and "Pary" it is believed that the game situation has come to a complete close in the Philadelphia territory and that region will return almost exclu- sively to premiums. Judge Flood's de- cision came in the course of his refusal of a habeas corpus writ for four de- fendants who "more than a month ago submitted to voluntary arrest for a test case. In his decision, the Judge said that element of skill "fades to shame" in case of "Quizzo" and that chance elements were even greater in other games. By refusal of writ, the defend- ants, Albert Sherier and Xathan Abe- love, Ritz theatre, and Herbert Lewis and Lewis Schleifer, of Jewel theatre, will be obliged to stand trial. Insurance Bureau to Handle Storm Claims A central clearing house for the handling of hurricane damage claims "•ill be opened today by major insur- ance companies which have issued policies in the New England area. The clearing house will operate under the sponsorship of the National Board of Fire Underwriters and the Eastern Loss Executives' Conference. A canvass of insurance companies here revealed that few claims have been presented thus far. No estimates of theatre loss from the storm are available. Hold Batcheller Rites Numerous film men and former as- sociates attended funeral services for George R. Batcheller, president and general manager of Chesterfield Mo- tion Picture Corp., at the home, 4570 Boston Road, Pelham Manor, Satur- day afternoon. Burial was in Fern- cliffe Cemetery, Hartsdale. Mr. Batcheller died last Wednesday fol- lowing a short illness. Services for H. E. Ely, Jr. Funeral services for Hanson Ed- ward Ely, Jr., Erpi engineer and son of Major General Hanson E. Ely, former commandant of the Army War College. Second Corps Area, will be held at the family home in Orange. X. J., today. Mr. Ely, who was 42 vears old, died last Thursday in Orange Memorial Hospital. Pass Two Operator Rule Victoria, B. C, Oct. 2. — Pro- jectionists have won their long fight for two men in a booth where two machines are operated. The British Columbia Provincial Government has oassed a new regulation renuiring that both men be licensed and that they shall be on duty at all times. Hellman Takes Troy Spot Albany, Oct. 2.— Harrv Hellman. who owns the Royal and Paramount, neighborhood theatres here, has taken over the Fifth Avenue in Trov, for- med v owned by Jake Rosenthal, who died in June. Renovate Calgary House Calgary. Oct. 2. — Famous Players Canadian Corp. is modernizing: the Capitol here at a cost of about $40,000. It includes erection of a large marquee, trimmed with stainless steel. Critics Here Find 'Drums 9 And 'Too Hot* Entertaining New York's daily paper reviewers found "Drums" entertaining, beautifully photographed and effective drama, and "Too Hot to Handle" exciting, fast- paced melodrama with more than a little comedy. Excerpts from their reviews follow : "Drums" Herald Tribune — A colorful, excit- ing picture . . . engrossing entertain- ment ... a generous spectacle. Journal American — Easily one of the best of the British imports ... an impressive spectacle . . . stirring en- tertainment. Mirror — Distinguished bv beauty of color, vigor of action, drama of plot. . . . A superior production. News — Outstanding production . . . thrills and beauty . . . caught and sus- tained breathless suspense. Post — Good . . . the picture builds to a rousing climax. . . . Close to the top among pictures of that kind. Sun — A grand, rousing melodrama. . . . Photographed in the most believ- able color yet to reach the screen. Times — Endowed with a number of cinematic virtues. World Telegram — Superbly photo- graphed . . . grand adventure enter- tainment— fast, exciting, thrilling. "Too Hot to Handle" Herald Tribune — High class screen treatment . . . handsome effect. . . . Terrific pace, suspense and excitement. Journal American — Not since the old time serials has so much action been packed into any one picture. . . . Bangup adventure yarn. Mirror — Will provoke squeals of de- light from Gable and Loy fans. . . . It is a merry melodrama, a blend of thrills and hilarity. News — -Has both quality and quan- tity. . . . Everything that goes to make up a first class comedy. . . . Thrilling and funny entertainment. Post — A ribald and stimulating cinema concoction. Sun — A tough, melodramatic com- edy . . . always diverting. . . . Moves at a machine gun pace. Times — Entertaining melodrama. World Telegram — As bright and entertaining a comedy as one could hope to see. ... It moves with the speed of a machine gun bullet. 4 Purely Personal ► SIDNEY R. KENT, president of 20th Century-Fox, and Charles E. McCarthy, advertising and pub- licity director, are due from studio conferences today. John Mark, Paramount story editor in London, will arrive today on the Queen Mary and will return Wed- nesday on the same ship. Merely a vacation. e Douglas Fairbanks accompanied by his wife are due on the Queen Mary today. Also June Laxg and Henry Oscar, stage producer. • Walter Seligman, manager of the Criterion, is the composer of a song, "My Heart Went Walking," which is being featured in night clubs. Stuart Erwin arrived from the coast over the weekend to start in the film William K. Howard will pro- duce at Eastern Service Studios. Marc Lachmann, recently ap- pointed exploitation director for 20th Century-Fox, is due here in about a week, the home office reports. • Al Shermax of Columbia was the recipient of numerous gifts from friends before he sailed Saturday for London on the Britannic. LADISLAUS SZUCS, former Ber- lin and Vienna film producer, is due shortly from abroad and plans to go to Hollywood. • Mrs. Herman Wobber, wife of the 20th Century-Fox sales chief, and their young daughter arrived Friday from their home in San Francisco. • Frank Seltzer, director of pub- licity and advertising for Hal Roach. will arrive in town this morning for conferences with Mr. Roach. • Adrian Rollini and his Trio, fea- tured at the Hotel Piccadilly, have been signed for a Vitaphone short. • Sabu, who is starred in "Drums," will end his publicity tour tomorrow and will leave on the Paris. • John Nathan, Paramount manag- ing director in the Argentine, left yes- terday for a visit to the coast. • J. Cheever Cowdin, Universal board chairman, will sail for London Thursday on the Queen Alary. • Dailey Paskman's and Sigmund Spaeth's "Gentlemen Be Seated" has been acquired by M-G-M. • Y. Frank Freeman is expected back in New York today from New Orleans. Sam Shain Quits Variety Sam Shain, veteran editorial work- er for Variety, resigned from the staff of that publication Saturday. He was an intimate associate of the late Sime Silverman, founder of the publication. His future plans are in preparation. K. T. Collins Recovery Indianapolis, Oct. 2. — Kenneth T. Collins, manager of the Apollo, is re- covering at Methodist Hospital from an emergency appendicitis operation. Clyde Willard is temporarily in charge of the house. Contest Winners End Their New York Stay A theatre party to see "I Married an Angel," climaxed by a visit backstage with Zorina, star of the show, on Frida3r, and attendance at the Bel- mont races on Saturday, ended the formal program of entertainment ar- ranged for the winners in the July Contest conducted by the Managers Round Table of Motion Picture H aid. The winners, Rex Williams, Hoosier Theatre. Whiting, Ind. ; Harry Rubin. Tivoli, Michigan City, Ind.; J. P. Shipley, Dunkin, Cushing, Okla., and William Saxon, Loew's, Baltimore, left for their homes Sunday. Ohio Houses Adding Tax to Admissions Columbus, Oct. 2. — A movement is on foot to increase admissions in the state so patrons will absorb the Ohio ticket tax as a result of sugges- tions made some time ago by P. J. Wood, secretary of the Independent Theatre Owners of Ohio. Licensing Units to Meet London, Oct. 2. — An annual confer- ence of licensing authorities covering the territory in which the London and Home County Branch operates, is planned under the leadership of the London County Council. The confer- ence will meet every year to consider the general questions raised by the licensing of film houses. Tri-National Starts Soon Tri-National Films, foreign film distributing organization owned by John E. Otterson and associates, ex- pects to start operations in about two weeks, says Carroll Trowbridge, a company official. The company plans to release about a dozen pictures. MOTION PICTURE DAILY (Registered U. S. Patent Office) MABTTN QUIGLEY, Editor-in-Chief and Pub- lisher; J. M. JERAULD. Managing Editor; JAMES A. CBON, Advertising Manager. EDI- TORIAL STAFF: Charles S. Aaronson. Jack Ban- ner. Al Finestone, Sherwin A. Kane, Joseph Priore. Published daily except Saturday. Sunday and holidays by Quigley Publishing Company. Inc.. Martin Quigley. president; Colvin Brown, vice- president and treasurer. Publication office: 1270 Sixth Avenue at Rocke- feller Center, New York. Telephone: Circle 7-3100. Cable address: "Quigpubco. New York." All contents copyrighted 193S by Quigley Publishing Company. Inc. Address all correspondence to the New York office. Other Quigley publications: MOTION PICTURE HERALD. BETTER THE- ATRES. TEATRO AL DIA. INTERNATIONAL MOTION PICTURE ALMANAC and FAME. HOLLYWOOD : Postal Union Life Building. Vine and Yucca Sts. ; Boone Mancall manager: William R. Weaver, editor. WASHINGTON: Albee Building. Bertram F. Linz. representative. CHICAGO: 624 S. Michigan Ave.. C. B. O'Neill, manager. AMSTERDAM : 87 Waalstraat: Philip de Schaap. representative. BERLIN: Steuler- strasse 2. Berlin W. 35: Joachim K. Rutenberg. representative. BUDAPEST: Szamos-Utca 7. Budapest I' Endre Hevesi. representative. BUENOS AIRES: Avallaneda 3949; N. Bruski. representa- tive. COPENHAGEN: Rosengaarden 14: Kris Winther, representative. HELSINKI: Fredriks- gatan 19C; Charlotte Laszio, representative. LONDON: 4 Golden Square, W. 1: cable address. Quiepubeo, London; Hope Williams, manager. MELBOURNE: Regent Theatre Buildings. 191 Collins St. ; Cliff Holt, representative. MEXICO CITY: Apartado 269. James Lockhart. representa- tive. MONTEVIDEO: P. O. Box 664: Paul Bodo. representative. MOSCOW: Petrovski Per 8: Beatrice Stern, representative. PARIS: 21. Rue de Berri: Pierre Autre, representative. PRAGUE: Uhelnv trh 2. Prague 1 : Harry Knopf, representa- tive. RIO DE JANEIRO: Caixa Postal 3558: L. S. Marinho. representative. ROME: 54 Via Delia Mercede; Joseph D. Ravotto. representative. SANTIAGO de CHILE: Cssilla 13300; A. Weiss- mann. representative. SHANGHAI: Rooms 3S-41 Capital Theatre Building. 142 Museum Road: J. P. Koehler. representative. STOCKHOLM: Kungs- gatan 36: Ragnar Allberg. representative. TOKYO' 880 Sasazuka. Ichikawa-shi. Chiba-Ken: H. Toml- na?a. representative. Entered as second class matter Sept. 23. 1938. at the post office at New York, N. Y.. under the act of March 3. 1879. Subscription rates per year $6 in the Americas and foreign $12. Single copies 10 cents. in THAT CERTAIN AGE C with National Release October 7th M E L V Y N DOUGLAS JACKIE COOPER IRENE RICH NANCY CARROLL J0H1 HALLIDAY Screenplay by Bruce Manning Original story by F. Hugb Herbert Music by Jimmy McHugh and Harold Adamson Directed by EDWARD LUDWIG A JOE PASTERNAK Production A NEW UNIVERSAL PICTURE Songs "MY OWN", "THAT CERTAIN AGE", "BE A GOOD SCOUT" "YOU'RE AS PRETTY AS A PICTURE" WALTZ ARI A from "ROMEO & JULIET" &"LES FILLES DE CADIX"6yDELIBES| 1 f -NjMjr TO pwH R **** Monday, October 3, 1938 MOTION PICTURE DAILY MPTO Invites Producers to ProductTalks (Continued from page 1) P rising, and the producers an oppor- ity of hearing and answering such views. Independent distribution execu- tives and independent exhibitor lead- ers also are urged to attend the M. P. T. O. A. national convention in letters sent out over the weekend. Invita- tions went to W. Ray Johnston, presi- dent; Edward Golden, vice-president, and George Weeks, sales manager, of Monogram; James R. Grainger, Re- public president and distribution head ; Edward L. Alperson, Grand National sales manager ; Clinton White, G. B. sales manager, and Charles Kranz, Malmar Pictures. Bids have also been sent to Abram F. Myers, board chairman ; Nathan Yamins, president ; W. A. Steffes, H. A. "Cole and H. M. Richey, directors, Allied States Association; P. J. Wood, I. T. O. of Ohio; Frank Durkee and Louis Rome, Maryland and District of Columbia exhibitor leaders ; Max Cohen, president of New York Allied, and Harry Brandt, president of the t. T. O. A. Invitations to general sales mana- agers of all major distribution com- panies were sent out earlier. Moss Drops Plan for French Film Theatre B. S. Moss has dropped plans for a first run show window for Empress Pictures, which has a distribution pro- gram of eight French films. The deci- sion was made because it was found that advantageous deals could be ef- fected with theatres already showing French pictures and because with sev- eral theatres here with a foreign films policy, there is a shortage of worth while product. Empress is now concentrating on "Carnet de Bal," and reports numer- ous orders on the film from theatres throughout the country. All deals are on percentage. Mr. Moss and his son, Charles, are supervising sales, with Irving Gum- berg, formerly with G. B., as city salesman. Allen Chase, formerly with Amkino, is handling general publicity. More Houses Open In Local Territory Several additional reopenings are reported for the metropolitan area. Louis Meyers, formerly of the Leff- Meyers circuit, has formed the Cos- tello Theatre Corp. and has taken over the Costello from RKO which he will relight Oct. 24. The theatre was dark all summer. Irving Margolies will reopen the Broadway. Woodcliffe, N. J, Oct. 25 ; Consolidated has reopened the Ascot in the Bronx, and the Minsky's have reopened the Roosevelt on East Hous- ton St. for foreign films. Al Mackler relighted the Folly, Brooklyn, recently Globe Take $6,300 "Wanted by the Police" grossed >,300 at the Globe last week. Early Decision on RKO Plan Expected (Continued from page 1) situation last week, tended to discour- age an early reorganization, the one because of the involuntary delay in the consummation of the plan which would result from granting the petition, the other because of the problems it would inject into the disposition of the new RKO securities in an unsettled market. With both potentially disturbing factors apparently resolved and with indications that hearings on the plan before Federal Judge William Bondy will be concluded today without the appearance of any major creditor op- position, the reorganizers are encour- aged to make final decisions on man- agement. Ernest W. Stirn, holder of 1,234 hares of Class A stock, on Friday filed objections to the plan and to the report of Special Master George W. Alger recommending adoption. The objections made a number of charges against the Atlas Corp., including an allegation that Atlas made an unlawful agreement with an unnamed director of the Irving Trust, trustee of RKO, to share a portion of the profits with him in payment for his assistance and advice. Washington, Oct. 2. — Sources close to the Securities and Exchange Commission emphasize that the Com- mission had not sought to enter into the reorganization proceedings before Federal Judge William Bondy in New York in the reorganization of RKO, and that the request for its participa- tion made by a stockholder was solely on the stockholder's initiative. The Commission officials have indicated complete agreement with Judge Bondy that the RKO case, which began ong before the adoption of the Chandler Act, which grants the Com- mission certain restricted rights of participation if the court agreed, was not one in which the SEC should seek to intervene, particularly now that the RKO reorganization plans have reached a point where they may be closed soon. Republic Aims for 2,000 New Accounts (.Continued from page 1) Last year the company sold 7,000 ac- counts. "Our greatest surge of new busi- ness," he said, "has been with circuits. We have closed or are closing with circuits such as virtually all of War- ner, Metro in New York, RKO in many situations, Great States Inter- state of Texas, Interstate of Boston, Interstate of Maine, and New England and Butterfield." Grainger said he was closing new deals with Republic franchise holders for continuation of their contracts. New pacts for five years have been consummated by vir- tually all of 17 franchise holders, he declared. Silver Lining Stuff Bridgeport, Oct. 2.— Matt Saunders, manager of the Loew-Poli here, believes every cloud has a silver lin- ing. The recent hurricane gave him the idea for a con- test tieup with the Times- Star asking readers to send in odd hurricane experiences and win free tickets to see "Too Hot to Handle." The paper featured the stunt daily on page one. Warners Give Until Dec. 1 On Debentures Shorts Not Forced, Declares Montague (Continued from page 1) M.P.T.O.A. 10-point trade practice program of two vears ago. "It has been Columbia's policy to sell its accounts always keeping in mind what can truthfully be described as fair trade practices, and at no time will it be Columbia's policy to insist on an account buying short subjects if the particular account in question does not use short subjects as a part of the regular program," Mr. Montague said. He advocates the licensing of short subjects by a distributor in the same proportion that the distributor's fea- ture product bears to the total number of pictures which the exhibitor uses. Two Marquee Bills Await City Action (Continued from page 1) streets to include Broadway between 69th and 120th Sts., an area 100 feet east or west of Broadway between 69th and 120th Streets, 79th, 86th, 96th, 106th and 110th Sts. between Central Park West and Riverside Drive, and the west side of West End Avenue between 106th and 107th Streets. This bill has been sponsored b" realty interests which seek to pre- vent erection of film theatres in these (Continued from page 1) depositing their debentures under the plan but have delayed doing so, and others, for various reasons, have thus far deferred depositing their de- bentures," Mr. Warner said. "We believe it is to the best interest of the debenture holders and the com- pany that all debentures be deposited as soon as possible in order that the plan of exchange may become effec- tive and thus remove the uncertainty in regard to the debentures." Douglas G. Wagner, secretary of a protective committee formed to repre- sent holders of the issue protesting the plan of exchange, said yesterday that the committee has not as yet opened negotiations with the company for suggested amendments. This group maintains that Warners should "offer some substantial benefit as an induce- ment" for granting the nine-year ex- tension. Delay Assault Hearing Hearing has been postponed to Oct. 7 on the felonious assault charges against two striking employes of Du Art Film Laboratories who are al- leged to have attacked two men who refused to strike. The defendants have furnished $500 bail each. Prize Contest Unit Is Named by Dietz A committee to conduct the prize contest for theatre managers, adver- tising and publicity men on the best local campaigns conducted in connec- tion with the Motion Pictures' Great- est Year campaign was named Satur- day by Howard Dietz, chairman of the promotion committee for the drive. Members of the contest committee are Monroe Greenthal, William Fer- guson, Alec Moss, Lou Lifton, Mau- rice Bergman, Arch Reeve, Mitchell Rawson, Lou Pollock and Paul Gulick. The cjmmittee will hold its first meet- ing at the Donahue & Coe office today to establish rules for the contest. There are three community classi- fications in the competition, the first, of 100,000 population or over; second, 15,000 to 100,000 population and, third, less than 15,000 population. Prizes total $2,100. Capitol Argument on "Lynton" Up Oct. 11 The final hearing before Special Master Kenneth E. Walser in the in- fringement suit brought by Margaret Ayer Barnes and Edward Sheldon against the Moredall Realty Corp., owners of the Capitol, has been set for Oct. 11. The hearings, which have been going on for months, are being held to determine the profits at the Capitol on "Lettie Lynton." A decision is also expected shortly in the authors' suit against M-G-M Pic- tures Corp., M-G-M Distributing Corp., Loew's, Inc., and Culver Export Corp. Judge Vincent L. Leibell, who. heard argument on a motion to confirm a special master's award of $587,000 in Jury, has recently returned from his vacation. In the action against the Capitol, the defense contends that a large por- tion of the profits is derived from stage shows, advertising and general good will. F. W. C. to Play "Drums" George J. Schaefer has closed a deal for United Artists with the Fox West Coast Circuit whereby "Drums" will be played in all the F. W. C. houses. Wadsworth Sues De Luxe A suit for $100,000 damages against De Luxe Laboratories Inc., in the N. Y. Supreme Court was revealed when Mason Wadsworth, the plaintiff, filed papers seeking permission to amend his complaint. The plaintiff, who produces commercial pictures, contends in his complaint that in Sept., 1935, he delivered the negative of "Courage of Kay" and in March, 1937, the negative of "The House That Jack Built" to De Luxe for storage. Without the consent of the plaintiff, the complaint continued, the defendant removed the negatives to New Jersey, where they were destroyed by fire. The suit seeks $40,000 for loss of the negatives and $60,000 for loss of profits on contracts and leases. Lecture Series to Start The first of a series of 15 lectures on "The Cinema" will be given to- night at the New School for Social Research. The course is being con- ducted by Sidney Kaufman. MOTION PICTURE DAILY Monday, October 3, 1938 Short Subjects March of Time, No. 2 (RKO) So strikingly timely is this latest March of Time release that it must certainly merit top marquee attention from the exhibitor. Of the two epi- sodes in the issue, the vital one is titled, "The British Dilemna," and out- lines, with pictorial effectiveness, the British foreign policy which led Hitler to believe England would not interfere when he undertook his most recent territorial grab. Pictured is the method of operation of Hitler's war psychology bureau, designed to test toreign public feeling concerning Ger- man moves. The "peace at any price" attitude Hitler had counted upon sud- denly changed to one of determination to fight, which was coupled with hopes for peace. In the light of the peace moves initiated, the subject is highly interesting. The second episode, "U. S. Fire Fighters," pictures the work of the National Fire Prevention Bureau in helping to cut down the American fire hazard by preventive measures. Run- ning time, 18 mins. "G." "Football Thrills" (M-G-M) _ Pete Smith's is the engaging guid- ing voice in this "lookin' " on a hand- ful of the most thrilling plays of the 1937 football season. The subject, of course, is extremely timely, and should not fail to attract the multitude of foot- ball fans to the box-olfice if properly billed. Running time, 10 mins. "G." "Beaux and Errors" (RKO) Edga.' Kennedy undertakes to cure his wife of her affection for her first sweetheart by inviting him for a week- end. By error, he invites the wrong man, and instead of her now portly ex-beau, a perfect physical specimen arrives. The ensuing confusion is good for several hearty chuckles. Running time, 18 mins. "G." "Submarine Circus" (RKO) This Reelism is set in Silver Springs, Fla. and brings a trick underwater circus to the screen. The audience is shown how the props are set up and how the camera work is done below the surface. The circus includes submarine snake charmers, tight rope artists, an alligator fight, hula dancers and acrobats. This un- usual reel should entertain the audi- ence. Running time, 10 mins. "G." "Fisticuffs" (M-G-M) A Pete Smith subject, in which Max Baer, erstwhile heavyweight champion, demonstrates a few plain and fancy tricks in the ring, and does it like a real champion, while Pete Smith pro- vides an amusing commentary as usual, and a girl and "pug" assist on the sidelines. Running time, 10 mins. "G." "Little Pancho Vanilla" ( Warners) The Mexican youngster goes off to join the bull fighters in this color cartoon, and succeeds in winning the grand prize. The cartoon rates as fair. Running time, 7 mins. "G." Hollywood Previews "Mr. Wong, Detective {Monogram) Hollywood, Oct. 2. — This is the first of four films from Monogram featuring Boris Karloff as the Americanized Chinese detective of Hugh Wiley's Collier's magazine stories and there is plenty about the pic- ture to suggest that the initial series may turn out to be merely the start of a flow of "Wong" features. Mr. Karloff's characterization is inhibited by no allegiance to the late Warner Oland's pattern nor to his own fearsome previous impersonations. This Oriental is a modest, serious, commonsense type of sleuth more interested in apprehending criminals than in coining philosophical wisecracks or kidding police- men, a credible, durable and highly merchandisable personality. The screenplay by Houston Branch is a straightforward composition directed strictly for melodramatic values by William Nigh. It has to do with the mysterious murders of three partners engaged in the poison gas trade. Ways and means by which the patient Mr. Wong solves the mystery are normal, logical and of compelling interest. The solution, of course, is not a thing to be divulged save in the picture. Grant Withers is seen as the police captain puzzled by the proceed- ings, Maxine Jennings as his girl friend, Evelyn Brent as a foreign-ish lady who turns out to be no such thing, Lucien Preval, John S. Polis, William Gould, Hooper Atchley and John Hamilton as gentlemen vari- ously involved and suspected. The poison gas angle is of timely interest and Associate Producer William T. Lackey has been careful to keep the film strictly neutral. The time is now, the city New York. Running time, 67 minutes. "G." Roscoe Williams. King of Alcatraz (Paramount) Hollywood, Oct. 2. — "King of Alcatraz" hews to the line of straight melodrama. Although a large cast participates, the theme is carried almost exclusively by Lloyd Nolan, J. Carroll Naish, Robert Preston and Gail Patrick. Produced by William C. Thomas, the film is based on an exciting screenplay written by Irving Reis. Robert Florey's direc- tion stresses the excitement content of all the story phases. Escaped from Alcatraz, Carroll Naish, disguised as an old woman and surrounded by his mobsters, boards a freighter. Operators Nolan and Preston, romantic rivals, preside over the radio room. Miss Patrick, loved by both, is ship's nurse. In Chinese pirate style, Naish and his minions take command of the boat. Ensues a welter of exciting goings- on with Naish and Preston alternately resisting and surrendering to Naish's orders. Comes a coup in which Nolan is seriously wounded and Preston only slightly so. To save Nolan's live, Miss Patrick operates on him, receiving instructions as to procedure from a doctor aboard another vessel via radio. The climax has Nolan and Miss Patrick settling down on a chicken ranch, where accommodations have been reserved for Preston. Audiences are left to guess Naish's fate. Running time, 55 minutes. "A." G. McC. "A Man to Remember" (RKO) Hollywood, Oct. 2. — "A Man To Remember" is a fine human in- terest picture. It indulges in no sensationalism either in dialogue, situations, characterizations or production effects. It merely tells the simple story of a simple old fashioned country doctor. In sequences (told in retrospect during the doctor's funeral) it exerts a potent impact upon the emotions. In natural ways that make witnesses feel that they are participants in its action rather than spectators, it tells the story of a man who put aside his own welfare to minister to the needs of his patients and his community. He has to conquer many prejudices and overcome many obstacles before he has the opportunity to enjoy the recognition and honors which a grateful citizenry belatedly tends him. Edward Ellis creates a memorable character in the title role. Gran- ville Bates, Harlan Briggs and Frank M. Thomas are excellent as three avaricious creditors who examine the papers that are the doctor's sole estate. The minor romantic content is capably handled by Anne Shirley and Lee Bowman, and William Henry, John Wray and Gilbert Emery are convincing in incidental roles. Adapted from Katherine Haviland-Taylor's novel "Failure," Dalto Trumbo's screenplay is an expert example of writing as it concentrates on believable human interest and eschews anything that would try audience credulity. Similarly Garson Kanin in his first feature direc- tion effort succeeded in keeping the story within the realm of under- standing and appreciation without resorting to any artificialities. Running time, 80 minutes. "G." G. McC. Short Subjects "Youth Marches On" (Regal) Two members of the Oxford Group, the international religious movement which has for its aim the reformation of the world by a change in human conduct, turned to the screen to por- tray the ideals of the group. The subj ect, made in England, features f cil Broadhurst as a young CanaA. cowboy who is attracted by accident to the group, becomes part of it, and extolls its virtues in a bit of doggerel set to music and an appealing tune. Despite a certain amateurish touch, it gives evidence of sincerity, and those interested in the movement should be ready patrons of the sub- ject. Running time, 20 mins. "G." "Hollywood Graduation" (Columbia) Color cartoon shenanigans of high entertainment caliber. The plot good- naturedly burlesques prominent film colony personages. The animation is clever and the accompanying "busi- n«ss" is executed in good style. Worthwhile. Running time, 7 mins. "G." "The Man on the Rock" (M-G-M) An interesting subject, enhanced by expert production and performers, this is one of the "Historical Mysteries" series. It pictures the story of Na- poleon's double, who took the Em- peror's place whenever necessary, and who is believed by many to have died on St. Helena, rather than the Emperor, who is pictured as having been shot trying to visit his son. Run- ning time, 11 mins. "G." "The Practical Pig" (Disney-RKO) Here they are again, ladies and gen- tlemen, the three little pigs, the big bad wolf, his bad little wolves, and here again the practical pig is the hero, this time by reason of a lie de- tector of his own invention which both detects fabrications and punishes the fabricators ; including its inventor. This is an incredibly constructed ap- paratus, as full of laughs as of gad- gets, and the story is as good and as entertaining as the one that won im- mortality for the porcine trio in 1933. The subject is a natural for exploita- tion purposes and will back up the best a showman can promise for it. Run- ning time, &yi mins. "G." "Party Fever" (M-G-M) When the "Our Gang" kids go in for politics, the result is really amus- ing kid comedy, well executed. Two of the youngsters steal a leaf from the political book, compete for elec- tion as "boy mayor" and the honor of taking the girl to a party, but the kid whose uncle is the mayor is the winner. Running time, 10 mins. "G." "The Early Bird" (M ints-Columbia) Scrappy tells a little bird that an early bird catches the worm. A worm appears to challenge the proverb and the ensuing chase is amusing. The worm wins. The short is entertain- ing. Running time, 6^4 mins. "G." Monday, October 3, 1938 MOTION PICTURE DAILY Brandts Plan Vaudeville in Uptown House The Brandt circuit will inaugurate vaudeville by Nov. 1 at the Audubon, ^Washington Heights, as an experi- ^?nt, and if it proves successful the policy, with single features, will be ex- , tended to several other theatres, ao "> cording to present plans. Eight or 10 theatres may have stage shows eventu- ally. Double bills will be dropped. Whether the policy will be installed depends on negotiations currently in. progress with Local 1, stagehands' union. The union has insisted on a wage scale equal to that at de luxe Broadway houses, which, says Harry Brandt, the circuit is unable to afford for neighbhorhood houses. The Brandts have been contemplating stage shows for a long time. Talent is being lined up, and plans for the Audubon call for five acts of vaudeville and a featured band which will remain permanently at the house. Bookings will be handled by the RKO booking office. That vaudeville will be revived gen- erally this season is definitely out of the question, according to theatre men, but indications are there will be a greater use of combination stage-film policies. RKO next Saturday and Sunday will return stage shows to the 58th St. and 86th St. theatres on a basis of four shows a day for week- ends only, with bookings set by the local managers. These will include amateur and professional talent. In addition RKO will have unit shows, on a slightly more extended basis than last year, for full weeks at the Palace, Chicago, and in Columbus, Cleveland and Boston. The shows probably will be routed to Syracuse and Rochester. Providence is also under consideration. British Production Not Changed — Goetz Outside acquistions of British films by M-G-M will have no effect on the company's production program in England, nor will the political situa- tion, it was said yesterday by Ben Goetz, chief of M-G-M's British pro- duction. The company recently arranged to acquire three Gainsborough pictures and Gabriel Pascal's "Pygmalion." Mr. Goetz, who arrived Friday from the coast after conferences with Louis B. Mayer, may sail Wednesday for London to put "Good Bye Mr. Chips" in work. This will be the third of the big pictures M-G-M will make in England. Five other films are planned, includ- ing "National Velvet," "And So Victoria," "Busman's Honeymoon," "Death on the Table" and the recent- ly purchased "Kindling." All are plays or novels. Jenkins in Hollywood Hollywood, Oct. '2. — Col. J. C. Jenkins of Neligh, Neb., Motion Pic- ture Herald columnist for the past 15 years, arrived here to spend his winter vacation. Paramount in Tieup With Arkansas Band Little Rock, Oct. 2. — Paramount has made a tieup with the University of Arkansas and will finance a trip of the university's 60-piece band to San Francisco, Nov. 17-22. The band will be at the Arkansas "Razorbacks' " game at Santa Clara, Nov. 22. Gov. Carl E. Bailey will head the Arkansas delegation and the train will be called "The Arkansas Traveler." The picture will open here Thursday. On the way to San Francisco stops will be made at Dallas, Abilene, El Paso, Phoenix and Tucson and the band will play at theatres showing the picture. On Oct. 20 the band will be the guests of Bob Burns at the Para- mount studio. Cliff Lewis handled the arrange- ments here. Contracts Let for Two N. O. Theatres New Orleans, Oct. 2. — Contracts have been let and work started on two houses which are scheduled for open- ing sometime in the fall. United Theatres let a contract for remodeling and conditioning the Plaza, a neighborhood, recently purchased to take the place of its Capitol, destroyed by fire. The contract is for $7,000, not including equipment. M. A. and Ira Weingrum have let a contract for conditioning a building in the business area for a new house to be known as the Regent. It is sched- uled for opening with 300 seats Nov. 1. Carolina Theatre Is Reopened Charlotte, Oct. 2. — The Carolina, after being closed for three weeks for renovation, has reopened. The theatre has been completely redecorated. The original Spanish stucco effect has been restored and lightened in color. Ad- ditional lighting fixtures have been in- stalled, and the ceiling chandeliers have been modernized. Wall panels on either side of the auditorium have been painted. New seats have been in- stalled on the main floor — spaced wider apart. New sound equipment and a new screen have been installed. Two Indiana Houses Open Indianapolis, Oct. 2. — The English at English, Ind., and the Liberty at Pierceton, Ind., have been reopened after redecoration. Each house also has new seats. New Trailer on "Suez" An innovation in trailers has been brought out by 20th Century-Fox for "Suez." In the form of a five-minute "Believe-It-Or-Not" Ripley short, the trailer is available to exhibitors play- ing the film. No charge is made _ but exhibitors are required to advertise the subject as a short. Two hundred prints have been struck off of the trailer, which was made in the east and is in sepia. Irving Hillman Promoted New Haven, Oct. 2. — Irving Hill- man, assistant manager at the Roger Sherman, has been made manager of the Capitol, Danbury. Jack O'Con- nell, chief usher, has been made assistant at the Roger Sherman. Angelo Sette has been transferred from the Broadway, Norwich, to the Springfield Capitol, and Eugene Bras- sil has switched from Danbury to Norwich. Quite a Family As a plug for the "Hardy Family" series of films, Loew houses in the metropolitan area are enrolling patrons in a Hardy Family Club. Rev. W. C. Ryder of the Lady Queen of Martyrs Church signed the register at Loew's Inwood last week and listed his family as "2,100," the number of pupils in Father Ryder's school. So far, the circuit reports more than 100,000 members in the Hardy Club, representing some 30,000 families. Neely Bill Support Jersey Allied Topic Plans for the support by Allied units of a campaign to push the Neely anti- block booking bill through the next session of Congress will be outlined at the eastern regional conference of independent exhibitors sponsored by Allied of New Jersey at the Ritz- Carlton, Atlantic City, Oct. 19-21. Abram F. Myers, national general counsel, and Nathan Yamins, national president, will be the principal speak- ers, and other national officers and di- rectors will be on hand. Mr. Myers will speak on the Gov- ernment's anti-trust suit, the North Dakota "divorcement" law which is being appealed to the Supreme Court and legislation generally. The Motion Pictures' Greatest Year campaign will also be a topic. One session will be devoted to a sur- vey of theatres represented at the con- vention on the terms of their 1938-'39 contracts and an analysis of new prod- uct. Another session will be given over to discussing exhibitors' com- plaints. The meeting will be the 19th annual convention of the New Jersey group, and in conjunction the New York unit will hold its first annual convention. Max A. Cohen, president of the New York group, expects 100 of its mem- bers to attend. The total attendance is expected to be about 300, with representatives also from Masschusetts, eastern Pennsyl- vania, Delaware, Maryland, District of Columbia, Connecticut and other points. The entire third floor of the Ritz- Carlton has been reserved for the con- vention. The trade show of equip- ment and accessories will be larger than usual, according to the committee, which is headed by Irving Dollinger, president. The social program in- cludes a party at the Nomad Club on the first night and a banquet at the hotel the second night. A program has been arranged for the ladies. Warner Club Elects Omaha, Oct. 2. — Leon Dizon, War- ner salesman, has been named presi- dent of the local Warner Club. Other officers are Etta Tatelman, entertain- ment ; Nell Marie Johnson, welfare ; Bill Wink, membership ; Dorothy Laird, secretary, and Dora McLaren, treasurer. Colman, Hume Wed Hollywood, Oct. 2. — Ronald Col- man and Benita Hume were married at Santa Barbara over the weekend. 7 Film Lawyers May See Arnold Again Later This Week (Continued from page 1) and the department's views on a basic approach to a consent decree, involve the three other major company de- fendants as well as the five theatre owning companies, subsequent confer- ences in Washington are expected to include counsel for all eight companies. Developments at today's meeting of counsel, however, will determine this. Counsel for the three companies not represented at the initial Washington meeting — ■ Columbia, United Artists and Universal — will report back to their principals after today's meeting and upon ascertaining their views on the subjects included in the Washing- ton discussions, arrangements for a new meeting there will be made. Answers Filed in Gary Trust Case Chicago, Oct. 2.— Answers to the Gary Theatre Co. suit were filed in Federal Court Saturday by attorneys for the major companies, Balaban & Katz and Warner Brothers Manage- ment Corp. The answers of all the defendants are primarily the same and deny any violation of anti-trust laws. Attorneys for the defendants, Mayer, Meyer Austrian and Piatt ask that the complaint be dismissed and ask costs. The defendants deny charges that they have agreements among themselves re- garding sale of product or clearance. They state their sales are made ac- cording to who offers tb— -> the best deal and that clearance is set up along similar lines. They deny any con- spiracy of any sort. Each defendant filed an individual answer to the ques- tions but in practically every instance answers are basically the same. Wall Street Eastman Stocks Increase 6lA Pts. Net Open High Low Close Changi Col. . 13 1354 13 1354 + % Cons .. 1J4 154 1/3 + % Cons, pfd 8 8 8 8 E. K. ... ..171 174 171 174 +654 G. T. E. .. 143^ 1454 14% 1454 +1 . . 50?4 51 49y2 51 +154 Loew pfd. . . 106M 10634 10634 106% + % Para. . W/s 1054 103/i 1054 + 54 Para. 1 ■ W/2 8654 84I/2 8654 +354 Para. 2 .. 105/g 10% 10% 10% + 54 Pathe .. m 954 9 9% + 54 RKO .. 23^ 254 23/i 2?4 + % 20th Fox .. 2554 255% 25 25% + 54 W. B. .. 654 .6% 654 ' + % Light Curb Activity Net Open High Low Close Change G. N 7/16 7/16 7/16 7/16 Sonotone . Wt 134 1% 1% —1/16 Tech 213/6 2134 2054 20% + U Univ. Corp. 354 354 354 354 RKO Bonds Gain 4 Points Net High Low Close Change Loew 354s '46. ...101 100 101 +154 Fara. Pict. '47.. 77 77 77 + % RKO 6s '41 66 66 66 +4 W. B. 6s '39 77 76% .76% +1% (Quotations at close of Sept. 30) MOTION PICTURE DAILY Hollywood Previews "Youth Takes a Fling" {Universal) Hollywood, Oct. 2. — There is, and always has been, a wide demand — perhaps the widest of all demands — for this type of picture, a realistic, steadily entertaining account of how two young people meet, court and marry. The two young people in this case are Joel McCrea and Andrea Leeds, the place is New York, the time is now, and what goes on between and around them is just what goes on between and around such a pair at that or any place now or any time. The story is the sort of unroutine yet unspectacular and still somehow strangely rare comedy drama that keep the multi-million circulation fiction magazines prosperous but meets their readers' eyes all too infrequently on the screen. Myles Connolly wrote "Youth Takes a Fling" and Archie Mayo di- rected it, both gentlemen as if they were living it. Mr. McCrea plays a lanky Kansas farmer who has come to New York determined to ship out as a sailor but compelled to take a job as truck driver for a smart store where Andrea Leeds and Dorothea Kent are employed as sales girls, unsophisticated and sophisticated, respectively. Frank Jenks plays the wisecracking truckman who works and rooms with the would-be sailor and conducts his own flippant courtship of Miss Kent while she, he and Miss Leeds negotiate the romantic entrapment of Mr. McCrea. The ways and means of this undertaking are normal, intelligent, amusing, but succeed only because the Kansan finally gets promise of a sea berth and becomes seasick on the tug taking him out to his boat. The picture is a Joe Pasternak production brilliantly executed by all hands. Mr. McCrea is at his best, Miss Leeds is strikingly effective as the girl in love with him, Mr. Jenks has had no more congenial assignment in easy memory and Miss Kent turns in a spanking por- trayal of the lively young lady who knows all the answers. It's a natural for any kind of audience any place any time. Running time, 80 minutes. "G." Roscoe Williams "Down in Arkansas" {Republic) Hollywood, Oct. 2. — Humor, music, romance and melodrama are mixed in "Down In Arkansas," a hillbilly story. The Weaver Brothers and Elviry, repeating a routine which they made familiar to the stage and radio and in other pictures are featured. They also participate in the straight story in which Ralph Byrd, June Storey, Pinky Tomlin, Berton Churchill and Guinn Williams are the principals. The Government wants to buy the mountain community in order to build a dam. The settlers are promised modern new homes. Romantic rivalry crops up between Byrd, a Government agent, and Williams, a mountain yokel, over Miss Storey. To forestall the Government, a pri- vate power company, desiring to protect its vested interests, hires gangsters to start mountaineers feuding among themselves and fighting Byrd. There is much excitement and fun until Elviry and Miss Storey ally themselves with Byrd. The power company is bested and the hill- billies enter upon a more abundant life. Byrd also wins the girl away from Williams. Dorrell and Stuart McGowan wrote the original screenplay. Walter Kent and Eddie Cherkose composed the musical number. Nick Grinde directed. Running time, 65 minutes. "G." G. McC. 8 New G.N. Sets 44 at Chicago Sales Meeting {.Continued from page 1) of appointments, including six district sales managers, and stated that the sales organization would be more than doubled as the first step in build- ing the new Grand National sales of- fice into one of the largest in the industry. E. W. Hammons, president of Grand National, was not in attend- ance at the meeting, but will be pres- ent at the New York meeting as will be Jack Skirball. The first day's program at the meet- ing included brief addresses by Sam Berkowitz, representing Fine Arts Pic- tures, and Gordon S. White, adver- tising and publicity director, as well as the screening of two of seven pic- tures already completed. The pictures screened were "Shadows Over Shang- hai" and "Frontier Scout." Both Fine Arts productions. District Managers Appointed District sales managers announced include the following : Morris Safier, formerly assistant to Mr. Alperson in Los Angeles, to head the West Coast district, including Los Angeles, San Francisco, Seattle, Portland, Salt Lake City, Denver and Butte ; James Winn, former San Francisco manager, to head the Middle West district, includ- ing Chicago, Minneapolis, Omaha, St. Louis, Kansas City, Des Moines and Milwaukee ; Ralph Kinsler, former Cincinnati manager, to the Middle Eastern district, including Cincinnati, Cleveland, Detroit and Indianapolis ; James Lapidus, former Pittsburgh man- ager, to the Middle Atlantic district, including Pittsburgh and Washington ; Jack Lamont, former Atlanta manager, to the Southern district, including Atlanta, Dallas, New Orleans, Char- lotte, Memphis and Oklahoma City, and Harry Asher, former Boston man- ager, to the Eastern district, including Boston, Buffalo, New Haven and Al- bany. Sol Edwards, formerly New York branch manager, was appointed circuit sales manager, and Peter Rosian has been moved from Cleveland to head the New York branch. Of the six new district managers appointed three attended the Chicago meeting — Winn, Safier and Kinsler. Others in attendance included the fol- lowing branch managers, salesmen and bookers: William Benjamin, Edward Brichetto, Harry Denny, George Taif, Vic Bernstein, Chicago ; Lou Patz, Milwaukee ; Glen Gregory, Minne- apolis ; Lou Levy, Des Moines, Brad- ley Fish, Salt Lake City; Russell Borg, Kansas City ; Tom Tobin, St. Louis ; Al Mertz, Dallas ; Cleve Adams, New Orleans ; Ralph Peck- ham, Detroit ; Had Hull, Indianapolis ; Hymie Novitsky, Bill Crystal, Omaha ; Bill Nyter, Los Angeles. Nylander Sets I. A. Meet Hollywood, Oct. 2. — Dr. Towne Nylander, National Labor Relations Board director, has set Oct. 14 as the date for a conference between the board, I. A. T. S. E. officials, and the major studio representatives named in the complaint filed some time ago by Jeff Kibre. N. O. Exchange Wins New Orleans, Oct. 2. — The New Orleans exchange of Grand National has just been advised that it was the victor in the nationwide cash collec- tion drive extending over 10 weeks, conducted by Grand National. Cleve Adams, branch manager, will attend the Grand National showing of new product in Chicago Oct. 1 and 2. Reelect John Kunstmann Sheboygan, Wis., Oct. 2. — John Kunstmann, Jr., Sheboygan, has been reelected president of the Wisconsin Association of Stage Employes and Projectionists, together with the other officers as follows: Ralph Percifield, Beaver Dam, vice-president ; S. J. Thomas, Racine, secretary, and Stan- ley Przlomski, Ken'ksha, treasurer. NLRB Sets Painter Vote Hollywood, Oct. 2. — The National Labor Relations Board has ordered a special election to be held next week to determine whether 350 painters em- ployed in 12 studios should be repre- sented in collective bargaining by Mo- tion Picture Painters Local 644, of A. F. L., or the Scenic Arts Associa- tion of America, Inc., non-labor af- filiate. Murphy Calls Off Deal Seattle, Oct. 2. — Marcus Murphy has reconsidered his deal with Elden Pollock for the operation of the New Mission in Mount Vernon, and will continue to operate the house himself. Pollock will retain the management of the Roxy and Liberty. Monday, October 3, 1938 Report Allied Here Has 22 Complaints A total of 22 complaints have been received by Allied of New York in re- sponse to its call to independent ex- hibitors in the state to submit state- ments of fact concerning grievances which can be used by the Department of Justice in prosecuting the anti-trust suit, according to Harry G. Kosch, counsel for the unit. / Mr. Kosch said that the grievl concern chiefly clearance and zoning and the forcing of shorts. The ma- jority of complaints are from upstate it is understood. The statements of fact are submitted to the grievance committee of the local unit, if on investigation they are found to have merit. The committee at- temps to conciliate the differences, but if this is unsuccessful, the statements are then sent to Thurman Arnold, as- sistant U. S. Attorney General. If, on investigation, the department finds that the facts are as represented, the complaining exhibitor is then asked to submit a covering affidavit. These affidavits, according to Allied plans, will be used by the Government in event a temporary injunction is asked against the defendants in the anti-trust action. Warners Get Behind "Independence" Film Warners are planning an extensive campaign on "The Declaration of In- dependence," the latest in the series of two-reel Technicolor subjects on American patriotic themes. As a pre- liminary, Norman H. Moray, Vita- phone sales manager, will be host to the press next Thursday at a lunch- eon and screening of the film. 'We sincerely believe this series is an important one, particularly so in these troublous times when the nation is faced with 'isms' of all kinds," Mr. Moray says. "Give Me Liberty," one of the series, won the Academy award. Another, "Lincoln in the White House," is in work. Production Budgets Told at SDG Hearing Hollywood, Oct. 2. — To present a picture of the motion picture indus- try's value to Hollywood and Los An- geles in National Labor Relations Board records, board attorney William Walsh on Saturday introduced in evi- dence at Screen Directors' Guild hear- ing questionnaires filled out by M-G-M and Universal showing expen- ditures of $52,000,000 here during the ast fiscal year for production. M-G-M declared it made 39 features and 67 shorts for $32,000,000 and Uni- versal 44 features and 20 shorts for $20,000,000. Quits Universal Branch Seattle, Oct. 2. — Al Bloom has resigned from the local Universal exchange and is establishing a film hooking service for independent thea- tres. He will operate under the name of Exhibitors' Service Bureau. Westland Takes 2 Houses Denver, Oct. 2. — J. B. Melton has disposed of his' two Victory theatres — the New Victory and Victory No. 2 — to Westland Theatres, Inc. Melton will retire from the theatre business and will move to Florida. Monday, October 3, 1938 MOTION PICTURE DAILY RADIO B MEMO li om S. F. SEADLER anner LINES Alton Cook, World-Telegram radio editor, paid $800 for a boat, and along came the hurricane, doing damage to the Cook boat to the extent of $750. ▼ Al Roth, NBC bandleader, discov- ered his car stolen the other morning and inserted the following ad in the newspapers : Will the person who stole my car kindly check the battery and have the oil changed tomorrow. T In an NBC elevator the other day one young lady asked her com- panion what she thought of the European situation. The reply: "I don't know, but H. V. Kalten- born says ." A gentleman in the lift disgust- edly muttered something at the mention of the CBS news analyist's name. The gentleman was Bill Hedges, NBC vice-president. T Climaxing the coverage of the Eu- ropean crisis, both NBC and Mutual scored important scoops. NBC was first on the air with the official text of the agreement signed by Premiers Chamberlain, Daladier, Mussolini and Hitler, beating its earliest competitor by 46 minutes, and the next earliest by more than two hours. Mutual, by a pickup from BBC, was the only net- work to report Mr. Chamberlain's re- turn to England at the Heston Air- port following the- peace conference, and to carry his words that there never shall be a war between the German and Great Britain. — Jack Banner Set New Mutual Serial A new daytime radio serial titled, "Two on a Shoestring," will begin over Mutual, Oct. 10, Mondays through Fridays from 2 to 2:15 P. M. The Oakland Chemical Co. will spon- sor. The program will be broadcast over WGN, WAAB, WCAE, WFIL and WOR, originating in the studios of the latter station. Honey Dean and Eleanore Phelps will be featured. Film Query By NAB Is Clarified Chorus to "Town Hall" The Lvn Murray Chorus, directed by the CBS orchestra leader and ar- ranger, has been signed as a regular feature of the Fred Allen "Town Hall" series, which will return to the air Wednesday. Washington, Oct. 2. — Ed Kirby, National Association of Broadcasters public relations director in charge of the recent picture questionnaire, stated here Saturday that the round-robin query sent to radio stations throughout the country was "in no way to be con- strued as an attempt to antagonize the motion picture industry." "We are merely trying to avoid a future repetition and establish the value of radio to the cinema industry in the advertising field. We feel that the responses when tabulated will reveal a surprising amount of radio time has been devoted to picture promotion — with most of it free." Mr. Kirby pointed out that if the As- sociation had not taken steps to make the check, numerous complains would have poured in to "M.P.A.Y.B.E." headquarters from individual stations as a result of the ignoring of radio in the advertising campaign. "Rather than bring about an un- pleasant situation which might very easily have precipitated a foolish war between the two industries, we decided to handle the subject in a calm and sensible fashion," said Kirby. "A cursory glance through the re- turns to date reveals that out of 347 replies all but one of the stations feel they have a legitimate complaint. Sole dissent came from a station manager who felt that the query had missed the boat — that the matter should have been adjudicated before the campaign got under way. Otherwise the replies were as one in stating that radio had been slighted." O'Neill Lines Draw FCC Ire Against NBC Agreement Reached To Broadcast Games Through an agreement reached last Friday with K. M. Landis, high com- missioner of baseball, all the networks will broadcast the World Series games. In all probability, the games will be carried also by a majority of the local New York stations. The games, as in previous years, will be broadcast on a sustaining basis. The series begins Oct. 5. NBC, for the first time,, will offer separate broadcasts of all games on both the Red and Blue networks. The games will be covered for NBC by Red Barber of WLW, Cincinnati ; Tom Manning, Cleveland ; George Hicks and Paul Douglas on the Red. Al Reswell, KDKA, Pittsburgh; John O'Hara, KIUK, St. Louis, and George Higgins of WTCN, Minneapolis, will describe the games on the Blue. For CBS, Francis Laux of KMOX, St. Louis,_ and_ Bill Dyer, WCAU Philadelphia, will handle the games. Arrange 35 Broadcasts San Francisco, Oct. 2. — Thirty- five weekly broadcasts of "Romance of the Highway," live talent dramatic show, have been set on KFRC and Mutual-Don Lee stations in Califor- nia and Oregon for Pacific Greyhound Bus Lines, by the Beaumont and Hoh- man agency. Other new KFRC ac- counts include Wheatena Corp., Albers Bros. Milling Co., Remar Bakery and Spreckels-Russell Dairy. Washington, Oct. 2. — The Na- tional Broadcasting Co., which last December was subjected to an official reprimand from the Federal Com- munications Commission for allowing the appearance over its facilities of Mae West in the "Garden of Eden" skit on the Chase & Sanborn Hour, has again run into difficulties with the commission for broadcasting "profane and indecent lines" of Eugene O'Neill's play, "Beyond the Horizon." Stations Must Defend "Morality" By a vote of four to one at a recent commission meeting, all radio stations which carried the radio version of the play on the NBC-Blue network July 28 must now defend the morality of the drama's lines. "Beyond the Hori- zon" was broadcast as a part of the network's series titled "Pulitzer Prize- winners." The penalty is a possible silencing of the stations which carried the pror gram. Approximately 30 stations car- ried the program, which was a sus- taining presentation. The one dissenting vote at the com- mission meeting when the decision to censure NBC was made was cast by Commissioner T. A. M. Craven, who said that the commission, by its ac- tion, was attempting to "censor the air." List Objectionable Words The other commissioners held, how- ever, that O'Neill's "damn," "hell" and "for God's sake" was a violation of the law banning indecent and ob- scene language from the air. The members who found the lines "in- decent" were Judge Eugene O. Svkes, Paul A. Walker, George Henry Paine and Thad Brown. Commissioner Nor- man Chase and Chairman Frank R. McNinch were absent. NBC, it is understood, is prepared to make a fight on the censorshio powers of the F.C.C. They maintain that they arranged to present the Pulitzer prize winning plays as a direct result of the pleas by the Federal authorities to present programs of an educational nature. Australia Joins in Canada Talent Loans Montreal, Oct. 2. ■ — Canadian Broadcasting Corp. has announced an extension of the scheme of exchanging producers which was introduced last vear with the BBC. Australia ha= adopted the plan and is to send a pro- gram official to Canada on six months' exchange for T. Frank Willis, who is in charge for CBC in the Maritime Provinces. George Young has been appointed acting program director of the Mari- time region and will have as his senior nroducer W. E. S. Briggs of CBO. Ottawa. R. E. Anderson, who has been with Frank Willis at Halifax, will return to CBO as sP"?or pro- ducer. Lance Sievekinf of the BBC will sail for Canada Oct. 8 on six months' exchange for Rooney Pelletier of CBM, Montreal, who reached Lon- don this week. Paper, KSFO In Break Over Printing Logs San Francisco, Oct. 2. — An open break between a newspaper and a radio station over presentation of news of the European war crisis occurred here when the San Francisco Exam- iner dropped the program log of KSFO, CBS station here. The news- papers some time ago banned radio editorial matter from their columns, but continued to print logs. Station Manager Philip G. Lasky in two talks over his own outlet characterized the Examiner's action as "professional bit- terness." The Examiner declared the logs were omitted due to their inac- curacy because of wholesale dropping of scheduled broadcasts. Praises International Coverage Mr. Lasky, in his talks, declared that the network has received highest praise for the excellent manner in which it has covered the international situation, and said it was particularly unfortunate that at a time when world news is in the making, and when radio and the newspapers were striving their utmost to bring to the public the de- velopments as they occur, that there should be room for professional bitter- ness. He said that in most instances newspapers have learned to live com- fortably with radio. He said it has been proved that the two great sources of public information are not competi- tive beyond limitations favorable equally to both mediums. He upheld the network's action in dropping scheduled programs for in- ternational broadcasts as a public serv- ice, and said the cancellations of regu- lar programs cost the network thous- ands of dollars in commercial fees. The Examiner, in its notice of can- cellation of the KSFO log, said a log was of value to readers only to the extent of its accuracy. To list pro- grams which subsequently were not broadcast, it stated, is to give readers "utterly false information." Conclud- ing, the notice stated that the "Exam- iner refuses to print these fake pro- grams and therefore is eliminating the offending stations from the logs as rapidly as the offences are dis- covered," KSFO was the only station dropped. Set "Lone Ranger" Tieup Cincinnati, Oct. 2. — A "Lone Ranger" tieup with the Cincinnati Enquirer has been affected by L. B. Wilson, president and general manager of WCKY. The Enquirer has just started running the new "Lone Ranger" comic strip, in connection with which the paper calls attention daily to the WCKY broadcasts. Con- versely WCKY reminds listeners on Mondays, Wednesdays and Fridays to look for the Enquirer comic strip. The broadcasts are sponsored by the local Schulz Baking Co. Renew Gulden Serenaders The Gulden Serenaders, Dwight Latham, Guy Bonham and Wamp Carlson, have been renewed by the same sponsor and will be heard twice weekly at 6 :30 P. M. Wednesdays and Fridays over WJZ. Peg La Centra will continue with the show. ^ To be truly versatile, a negative film must have speed, fine grain, and wide latitude. ^Actual experience establishes that Du Pont Superior Pan ef- fectively combines these qual- ities. They make this film the natural choice for good pictures. Du Pont Film Manufacturing Corporation INCORPORATED 9 Rockefeller Plaza SMITH <&. ALLER, LTD. New York N. Y. 6656 Santa Monica Blvd. Plant . . Parlin, N.J. Hollywood . . . California BETTER THINQS for BETTER LIVINQ through CHEMISTRY Alert. Intelligent Indispejysa^ to the\Mction Picture Industry MOTION PICTURE DAILY ML It; U'JPV O NQT| i i. jrj Qi j First in and Impartial 44. NO. 66 NEW YORK, TUESDAY, OCTOBER 4, 1938 TEN CENTS 20th-Fox Has 2 Million in Its Ad Budget $100,000 Listed To Be Spent on "Suez" The investment of 20th Century- Fox in the world-wide exploitation of some 52 feature releases this season will run about $3,000,000, including some $750,000 to be spent on news- paper and fan magazine ads on the bigger percentage specials, according to the home office. The total takes in also cooperative newspaper ads, press books, exploita- tion tieups and maintenance of the New York and studio publicity de- partments. An expenditure of more than $100,- 000 has been budgeted for the cam- paign on "Suez," the company's next bisr special, which will have a national release Oct. 28. As outlined yester- day by Charles E. McCarthy, adver- tising and publicity head, four-color ads on full bleed pages will be used in national magazines for the first time by any film company. Also, a big newspaper campaign is being prepared. A campaign comparable to that given roadshows will be devoted to the pre-release opening of "Suez" at the Roxy on Oct. 14, with heavy news- paper space breaking here the Sunday previous, a full showing of New York billboards and American Express de- livery trucks. /. /. Of Connor Guest At RKO Staff Dinner John J. O'Connor was honor guest .at a beefsteak dinner in the College Room of the Astor tendered last night by company officials and about 50 RKO theatre managers of the metro- politan district. Among those present were Leo Spitz, RKO president; Ned E. Dep- inet, vice-president; Major L. E. Thompson, Malcolm Kingsberg, A. H. McCausland, Leon Goldberg, W. G. (Continued on page 4) See Delay in B. & K. Action on Thursday Chicago, Oct. 3. — It is understood in exhibitor circles here that attorneys for the defendants in the independents suit against B. & K. will ask for an- other extension when the case comes up for trial on Thursday. The lawyers are reported to require more time for the preparation of a de- fense. Trade Practice Course May Be Decided Soon, Says Kent The distributors' trade practice committee may decide this week whether to continue its efforts on a program of self-regulation or drop them entirely, depending on the de- cision of company attorneys, it was indicated with the arrival yesterday of S. R. Kent, president of 20th Cen- tury-Fox and a committee chairman, from two weeks of coast conferences. Mr. Kent said the lawyers have not as yet stated their position, but that he expects to meet with them tomorrow or Thursday to determine if they have arrived at a decision. He indicated that the lawyers' posi- tion may be influenced by the attitude of Thurman Arnold, assistant U. S. Attorney General, as expressed at the Washington conference last week. He also said he understands that addi- tional meetings with Mr. Arnold may be necessary. When the committee suspended its activities early in August, Mr. Kent declared that the Government's anti- trust suit placed a new complexion on the situation and that the problems facing the various companies must be studied carefully before anything is done. He indicated that the pendency (Continued on page 4) U. A. Due to Elect Silverstone Friday The election of Maurice Silverstone to the presidency of United Artists, which was deferred by the company's board of directors at the September meeting, is scheduled to take place at a board meeting to be held here Fri- day. Samuel Goldwyn may come on from the coast for the meeting unless pro- (Continued on page 4) Hal Roach Is U. A.'s Guest at Luncheon Hal Roach was guest of honor yes- terday at a luncheon given in the Luncheon Club atop the RCA Building. The occasion was given to celehrate the delivery of Mr. Roach's first print to United Artists — "There Goes My (Continued on page 4) Pioneers to Join Tablet Ceremonies Industry pioneers will join with its present-day representatives in the pro- gram dedicating the site of the first commercial showing of motion pictures at the 34th St. side of R. H. Macy & Co., today. Among those who' will be present at the dedication of a bronze tablet mark- ing the site of the old Koster & Bial (Continued on page 5) Briskin, Schneider, Montague Re-Signed New employment contracts and stock purchase options for Samuel J. Briskin, Columbia studio executive ; A. Schneider, treasurer, and A. Mon- tague, general sales manger, were ap- proved yesterday at the annual meet- (Continued on page 5) Paris Industry Back to Normal As Film Staffs Are Demobilized By PIERRE AUTRE Paris, Oct. 3. — Normal work was resumed in French studios today with the gradual return to work of those of the produc- tion staffs who were called to the colors. A combination of happy relief that war was averted and the more prosaic fact that the weather was rainy gave Paris first run houses, newsreel theatres and houses in the neigborhoods a record business day yesterday. Raymond Luissiez, president of the Exhibitors' Association, has asked distributors to reduce their flat rental prices and minimum guarantees for theatres which were affected during the past two weeks by the interna- tional crisis. In addition to bad business, some theatres had to close because the managers and staffs were mobilized, or be- cause the theatres were requisitioned to house soldiers. A joint distribution committee of exhibitors and distributors has been formed to study the situation of theatres most affected by events. Expect Court Approval for New RKO Plan Decision Is Reserved as Hearings Are Ended Acceptance of the proposed plan of reorganization for RKO virtually was assured yesterday when Federal Judge William Bondy reserved decision at the conclusion of the hearings. Judge Bondy indicated that he would not disturb the findings of Special Master George W, Alger unless there was no evidence to support the special mas- ter's ruling that the plan is "fair, equitable and feasible." All major creditor and stockholder interests united in approval of the plan, al- though some asked for minor modifi- cations. The court also reserved decision on the request of Ernest W. Stirn, hold- er of 1,234 shares of unconverted Class (Continued on page 4) Film Cases Are Up Before High Court Washington, Oct. 3. — Facing a record-breaking docket of more than 400 cases, the U. S. Supreme Court met today for its 1938-'39 term, dur- ing which it is expected to render de- cisions in a number of suits involving motion pictures. Several film cases already have been filed, and the first suit on the docket — probably to be heard Oct. 10 when the (Continued on page 4) London Reports Hope Williams, London manager, Quigley Publica- tions, reports: By the time you receive this Herr Hitler will either have climbed down a bit or we shall be at WAR. It is the one and only topic of conversation among all classes of people; we are all getting our gas masks and John Barnes* was called from the office this morning to renort for duty with the Air Force. I am glad to re- port that en route to the Aerodrome he called on Ga- briel Pascal and siened him for two pages in FAME. ""Advertising representative, QP, London. MOTION PICTURE DAILY New York Preview "The Sisters" (Warners) Out of the newly found entertainment vein which Warners discovered in the brilliant "Four Daughters" has come "The Sisters," from the same source. Its cast is brilliant; its production values of the highest. Above all, its story is one of virtually universal appeal. These three sisters are three divergent personalities, with wide-apart characteristics which color their actions and reactions to love and life. In the background is the calm tranquility of a home at Silver Bow, Mont., of the quiet father who is the town's druggist, the understanding mother who watches her daughters face their problems, fight their bat- tles. It is essentially a sound human story, one whose counterpart might well be found in any home, anywhere, in the 1904-'08 of the film's set- ting, or the 1937-'38 of today. And there is drama to stir the pulses, the crashing, terrifying San Francisco earthquake, minor to the sequence of the picture's story, but fiercely impressive in its roaring kaleidoscope of terror. The exhibitor has here a strong property to sell to his patrons, a brilliant filming of the well known novel by Myron Brinig of the same title. Anatole Litvak has welded the components of the story with skill and distinction, aided measurably by a more than competent cast. Milton Krims wrote the screenplay. Errol Flynn and Bette Davis share the lead, Miss Davis being espe- cially effective as the elder sister who finds happiness, then loneliness, despair and happiness again at last with the restless, irresponsible Flynn, San Francisco newspaper man who comes to Silver Bow, sweeps her back with him, then leads her an unenviable life, despite her unswerving loyalty. Anita Louise and Jane Bryan are her sisters, the one flighty, selfish, preferring comfort to love ; the other staid and anxious for security. Beulah Bondi is good as the mother, but for Henry Travers, as the father, there must surely come more demand from film patrons. It was he who contributed so much to the stage success of "You Can't Take it With You" in New York, and his quiet, almost humble way is one of vast appeal. Dick Foran, Ian Hunter, Donald Crisp and Alan Hale all contribute far more than adequate support. Compounded of human elements, expertly stirred, the picture is a dis- tinctive offering of merit as real entertainment. Running time, 94 minutes. "G." Charles S. Aaronson 2 GN to Finish Its New Sales Setup Shortly With an initial group of new pic- tures already completed and several in work or being prepared, Grand Na- tional Pictures is in a position to be- gin distribution immediately. The new sales organization will be completed with the appointment of men to the remaining vacancies this week. The final sales meeting will be held at the St. Moritz next Saturday and Sunday, at which the final ap- pointments will be announced. The first appointments were made known at the Chicago meeting. Grand National has five completed pictures ready for release with the formal start of operations. Four ad-' ditional features are in work and sev- eral more in preparation. The com- pleted pictures are "Shadows Over Shanghai," with James Dunn and Ralph Morgan ; "Frontier Scout," with George Houston ; "Cipher Bureau," a spy story with Leon Ames and Joan Woodbury ; "Sunset Strip Case," with Sally Rand, and "Titans of the Deep," based on the bathysphere expeditions of William Beebe and Otis Barton. "Seven Seas" In Production In production are "Seven Seas," "Never Mind the Guard," "Empire of the West" and "Wonder World." Among the pictures in preparation is "Exile Express," the first of two star- ring Anna Sten. Other titles on the new company's schedule of 44 features are "Snake Bite," from the Robert Hitchens story ; "Alimony Racket," by Gouver- neur Morris ; "Uptown New York," by Vina Delmar ; "Two Kinds of Love," by Ursula Parrott; "Reckless- ness," by Eugene O'Neill ; "Summer Resort," by Edna Ferber ; "The Racket King," by Rex Beach ; "Where Lonely Ladies Walk," by Tiffany Thayer ; "What Price Paradise," by Sada Cowan ; "The Way of All Women," by Faith Baldwin ; "My Son," by Martha Stanley ; "Snow Covered Wagons," by Julia Cooley Altrocci ; "Oh, Susannah," Bernard McConville's musical romance ; "Slave Trader" and "Jitterbug." At least 26 of the 44 features are scheduled to be made bv Fine Arts Pictures, headed by Franklyn Warner. Six of the 24 westerns scheduled will be girl-musical pictures, with Dorothy Page, radio artist. Others will be based on the "Trigger Pal" and "Troubadour of the Plains" stories. On the short subject list of 44 are 18 two-reelers ; a new one-reel series of "Treasure Chest" productions, 13 in number, and another series of 13 one-reelers featuring stage, radio and screen personalities. Alperson East Today Chicago, Oct. 3. — Edward L. Alper- son concluded the New Grand National sales meet here with individual con- ferences. He will leave for New York tomorrow. Mr. Alperson said the sales staff was enthused over the new setup and the product schedule. Grainger Sets Deal With Warner Houses James R. Grainger, Republic presi- dent, has closed a new season product contract with Warners' coast theatres including situations in California, Oregon and Washington. Assisting him were Grover C. Parsons, western district manager, and Francis Bate- man, Los Angeles branch head, with Lou Halprin and Port Major acting for the circuit. Barney Rosenthal, Republic fran- chise owner in St. Louis, has signed the Frisina circuit of 20 theatres in Southern Illinois. Hold Tearle Services Hollywood, Oct. 3. — Private funeral services were held here today at 2 P. M., for Conway Tearle, who died over the weekend. Mr. Tearle was 60 years old and had been ill for two months. He is survived by his widow, who was professionally known as Adele Rowland. Peter Tender Passes Cleveland, Oct. 3. — Peter Tender, owner with John Pekras of the Capi- tol, Rivoli and Lincoln theatres in Elyria and the Tivoli in Lorain, died suddenly here today of a heart attack. He was 50. He is survived by his wife and son. Fairbanks to Make Film on the Coast Douglas Fairbanks, Sr., will produce his planned picture for United Artists release in Hollywood next winter, according to his present plans, he re- ported yesterday on his arrival in New York from England on the Queen Mary. The picture will be based on the life of Lola Montez and may be completed in time for release on this season's schedule. Mr. Fairbanks will be in New York for about two weeks before leaving for the coast. He plans to spend the en- tire winter in this country. Para. Wagon in Capital Washington, Oct. 3. — Bill Lang- ford and Charles Mooshian arrived here over the weekend driving a cov- ered wagon as advance ballyhoo for Paramount's "The Arkansas Trav- eler." The vehicle is due in Baltimore tomorrow. Yom Kippur Tomorrow Yom Kippur, the Jewish Day of Atonement, will begin at sundown to- day and continue through sundown tomorrow. Hotel Astor Plans Club The Hotel Astor is planning a club and dining room for the film industry. The Ampa may hold its meetings there this season. Tuesday, October 4, 1938 John Cecil Graham Leaves Paramount John Cecil Graham, Paramount managing director for Great Britain for the past 20 years, resigned yes- terday. No successor has been desig- nated yet, but indications are that John W. Hicks, Paramount vice- president and foreign head, who is now in London, will make the appoint- ment in the near future. Mr. Graham's resignation ( % cabled to Barney Balaban, Paramount president, from London yesterday. Mr. Balaban expressed regret and appreciation of Mr. Graham's long service with the company. Prior to his assignment to the London post early in 1919, Mr. Graham served for two years in the company's home office here as a special representative. Golf Winners Are Named Ira Genet, Vitaphone script writer, won first prize for the low net score at the annual golf tournament held by the studio at the Hillcrest Golf Course, Jamaica, L. I., over the week- end. Other prizes went to Sam Sax, Lloyd French, Saul Chaplin, Sammy Cahn, Roy Mack, Dick Willis, Stuart Karpf, Cy Wood, Sr., Cy Wood, Jr., Lee Stewart, Norman Moray, Ed Schreiber, George Ackerson, Milton Cohen, Gerald Marfleet, Irving Hy- land, Harold Bauman, Jack Henley and Eddie Forman. Buddy Rogers Is Injured Buddy Rogers, husband of Mary Pickford, suffered a sprained shoul- der and cuts and bruises in an automo- bile accident near Columbus yester- day. Miss Pickford left New York last night to be with her husband, who was reported here as resting comfort- ably in a Columbus hospital. Miss Pickford is expected back in New York by the end of the week. MOTION PICTURE DAILY (Registered U. S. Patent Office) MAKTTN QUIGLEY, Editor- In -Chief and Pub- lisher; J. M. JERAULD, Managing Editor: JAMES A. CRON. Advertising Manager. EDI- TORIAL STAFF: Charles S. Aaronson. Jack Ban- ner, Al Finestone, Sherwln A. Kane, Joseph Priore. Published dally except Saturday, Sunday and holidays by Quigley Publishing Company, Inc., Martin Quigley. president; CoMn Brown, vice- president and treasurer. Publication office: 1270 Sixth Avenue at Rocke- feller Center, New York. Telephone: Circle 7-3100. Cable address: "Quigpubco. New York." All contents copyrighted 1938 by Quigley Publishing Company, Inc. Address all correspondence to the New York office. Other Quigley publications: MOTION PICTURE HERALD. BETTER THE- ATRES, TEATRO AL DIA, INTERNATIONAL MOTION PICTURE ALMANAC and FAME. . HOLLYWOOD: Postal Union Life Building. Vine and Yucca Sts. ; Boone Mancall. manager: William R. Weaver, editor. WASHINGTON: Albee Building, Bertram F. Llnz. representative. CHICAGO: 624 S. Michigan Ave., C. B. O'Neill, manager. AMSTERDAM: 87 Waalstraat: Philip de Schaap. representative. BERLIN: Steuler- strasse 2. Berlin W. 35; Joachim K. Butenberg, representative. BUDAPEST: Szamos-Utea 7, Budapest I; Endre Hevesl. representative. BUENOS AIRES: Avallaneda 3949; N. Bruski, representa- tive. COPENHAGEN : Rosengaarden 14: Kris Winther, representative. HELSINKI: Fredriks- gatan 19C; Charlotte Laszlo, representative. LONDON: 4 Golden Square, W. 1: cable address. Quigpubco, London; Hope Williams, manager. MELBOURNE: Regent Theatre Buildings, 191 Coilins St.; Cliff Holt, representative. MEXICO CITY: Apartado 269. James Lockhart, representa- tive. MONTEVIDEO: P. O. Box 664; Paul Bodo representative. MOSCOW: Petrovskl Per 8: Beatrice Stern, representative. PABIS: 21, Rue de Berri; Pierre Autre, representative. PRAGUE: Uhelny trh 2. Prague 1; Harry Knopf, representa- tive. RIO DE JANEIRO: Caixa Postal 3558: L. S. Marinho. representative. ROME: 54 Via Delia Mercede; Joseph D. Ravotto. representative SANTIAGO de CHILE: Casilla 13300: A. Weiss- mann. representative. SHANGHAI: Rooms 38-41 Capital Theatre Building. 142 Museum Road: J. P. Koehler. representative. STOCKHOLM: Kunes- eat.an 36; Ragnar Allberjr, representative. TOKYO- 880 Sasazuka. Ichikawa-shl, Chiba-Ken: H Tomt- na?a. representative. Entered as second class matter Sept. 23, 1938 at the post office at New York, N. Y..' under the act of March 3. 1879. Subscription rates per year 16 In the Americas and foreign $12. Single copies 10 cents. mm T3Ton Jjl _____ •rts history « brea RoNA«-° C°!t„ t i^«ortS;r»,fV WERE KING ■ ■ . ■ ■ ■ It is the BIGGEST crowd in Paramount theatre history! MOTION PICTURE DAILY Tuesday, October 4, 1938 Expect Court Approval for New RKO Plan {Continued from page 1) A stock, to have the provisions of the newly enacted Chandler Act ap- plied to the present proceeding, but there is little likelihood that the peti- tion will be granted. Mr. Stirn's re- quest that hearings be reopened to take additional testimony on facts surrounding the 1931 reorganization was also taken under advisement, but Judge Bondy stated to Mr. Stirn's counsel that he "would have to be shown why seven years were per- mitted to elapse." The opponents to the plan were given 10 days to file briefs, and proponents will have five days thereafter to reply. A technical adjournment was taken until Oct. 25, but this was done merely to permit the court to retain jurisdiction. During the course of the argument, Judge Bondy remarked that he ex pected the Irving Trust Co., the trus tee, to report to the court in the event the trustee regarded the plan as unfair, but representatives of Irv ing Trust who were present in the courtroom indicated that they did not expect to file any report attacking the plan. Mr. Stover Attacks Atlas Group John S. Stover, Mr. Stirn's attor ney, attacked the Atlas group, pro- ponents of the plan, as "outsiders" and urged that the trustee be called upon to formulate a plan. He also charged that Merlin H. Aylesworth, former president of RKO, was now acting as consultant to Atlas although he is still a director of Irving Trust. He also pointed out that Leo Spitz, the present head of RKO, receives addi tional compensation from Atlas. Mr. Stover contended that both Atlas and Irving Trust had violated a fiduciary relationship. He asked that the court reopen the hearings to take additional testimony on the "good faith" of the proponents and urged that all profits earned by Atlas be turned over to the debtor corporation. He also raised the ques- tion of the constitutionality of the re organized company incorporating under Delaware laws although it is now a Maryland corporation. Assets "Written Down" Joseph M. Cohen, attorney for the Independent Stockholders' Protective Committee, declared that RKO assets had been "written down" from $58, 000,000 to $41,000,000 in 1932 and that the revaluation had greatly reduced the stockholders' participation in the plan He urged acceptance of the plan but asked that present common stock be exchanged at the rate of four for one instead of the proposed six for one, Mr. Cohen pointed to the $1 valua- tion placed on four subsidiaries which had paid $105,000 in dividends to the parent company in 1937 and had ac- tually earned $173,000. Abraham K Weber, who also represents common stockholders, asked that Atlas be com pelled to present an underwriting agreement before the plan is con firmed. Hamilton C. Rickaby, attorney for Milkman Matinee Toronto, Oct. 3.— For the first time in Canada a thea- tre has adopted an early morning opening as a perma- nent policy with the in- auguration by Jules Bern- stein at Loew's, Toronto, of a milkman's matinee starting at 9:30 A. M. The morning admission price of 25 cents is maintained until 1 P. M. To Decide Soon on Practices — Kent (Continued from page 1) of the suit may make it impossible to hold meetings with exhibitor repre- sentatives on an industry trade prac- tice program. Mr. Kent said that with the lifting of the European tension, business is back to normal and theatre business has shown an immediate improvement. In a special message to the sales force late last week he pointed out that when budgets were completed for 1938-'39, domestic and overseas earn- ings were considered, but that the dis- turbed condition abroad makes it im- portant for the domestic organization to keep revenue at a maximum, "so that no part of our plans is placed in jeopardy." Payment Ordered for Orpheum's Creditors Payment of allowances and a dis tribution to creditors of the balance of the assets of Orpheum Circuit, Inc.. was ordered yesterday by Federal Judge Samuel Mandelbaum in a de cision which confirmed, with some modifications, the report of Referee Oscar W. Ehrhorn. Judge Mandel baum reduced an allowance of $7,172 awarded to Marcus Heiman, trustee, to $5,500, and allowance of $24,250 to Beekman, Bogue, Leake, Stephens & Black, attorneys for the trustee, to $20,000 and disbursements of $213. O'Melveney, Tuller & Meyers, spe cial counsel in California to the trus tee, were awarded $200. The report of the referee, which recommended payment of the balance to creditors, was confirmed in all other respects. According to the report $104,398 is on hand, less payments of allowances for final distribution to creditors, ag gregating $2,152,523. Two dividends of 27Y2 per cent, totaling $591,641 have previously been paid to creditors, and the referee's report recommended a final dividend of 3.2 per cent, which will be slightly increased by the re ductions in allowances made by Judge Mandelbaum. The attorneys for the trustee had originally petitioned for a $50,000 al- lowance. Orpheum Circuit, Inc., had filed a voluntary petition in bankruptcy on Jan. 27, 1933. Atlas, answered each objection in turn. He stated that all questions had been raised before the Special Master and that his determination should not be disturbed. Carlos Isreal, for the Unsecured Creditors' Committee, and William T. Caldwell, for the Deben ture Holders' Protective Committee, explained that they had worked for greater participation for their respec- tive groups but were now convinced that the proposed plan represented the best compromise that could be ef- fected. U. A. Due to Elect Silverstone Friday (Continued from page 1) duction affairs prohibit. He will be represented by James Mulvey at the meeting in the event he is unable to attend himself. Mary Pickford and Douglas Fairbanks will attend the meeting, while Charles Chaplin will be represented by Charles Schwartz and Alexander Korda by Emanuel Silverstone. The September board meeting voted Mr. Silverstone all of the administra- tive powers of the office but deferred nis formal election to the company presidency, due, it was reported, to a lack of unanimity on the action aris- ing from the absence of several of the company owners at that time. This unanimity is understood to have re- sulted within the past week. Hal Roach Is U-A's Guest at Luncheon (Continued from page 1) Heart." An electric train went from end to end of the long table from time to time bearing a sign "There Goes My Heart." The locomotive whistle blew and the train stopped occasionally. _ It stopped finally when it collided with a silver platter of fancy cookies. There were no speeches. Among those present were: Dr. A. H. Giannini, George J. Schaefer, M. H. Aylesworth, License Commission- er Paul Moss, Jack Alicoate, Mau- rice Kann, Terry Ramsaye, Colvin Brown, W. G. Van Schmus, Allen Steam, J. M. Jerauld, Joe Vogel, Jack Harrower, E. J. Churchill, Henry Linet, John Nolan, Arthur W. Kelly, Jack Smith, William Mapes, Frank N. Seltzer, Paul Lazarus, John J. O'Connor, Ben Schlyen, Fred Myers, Max Solomon, Harry D. Buckley, Harry Gold, Monroe Green- thai, Lynn Farnol, Sam Schain, Ches- ter Bahn, Tom Walker, Eddie Moran and Roy Chartier. /. /. O'Connor Guest At RKO Staff Dinner (Continued from page 1) Van Schmus, O. R. McMahon, David Canavan, James Brennan, J. Henry Walters, John Dowd, Charles Mc- Donald, Fred Meyers, William Eng- land, Charles Koerner, Tom O'Con- nor, Russell Emde, Louis Goldberg, Milton Maier, John Lebor, John Red- mond, James Dolan, Harry Mandell, John Cassidy, Fred Herkowitz, Ed Sniderman, Al Dawson, Louis Joffe, William Whitman, Kenneth Umbreit and about 50 metropolitan district the- atre managers. Pick Steiner Orchestra Herb Steiner's orchestra has been signed to play at the Motion Picture Associates annual dinner dance at the Astor Nov. 26. The committee is making further preparations and re- ports that many ads are coming in for the annual journal. A meeting will be held in two weeks. Cleveland Scales Cut 10% Cleveland, Oct. 3.— I. A. T. S. E. Local 160 has granted Cleveland inde- pendent theatres a 10 per cent cut in wage scales for a 10-week period from Sept. 26 to Dec. 4. Film Cases Are Upl Before High Court (Continued from page 1) court gets down to business — is the rehearing of the General Talking Pic- cures case, in which last spring the court held that the company was guilty of patent infringement in the use in talking picture equipment 'of ampli- fiers bearing license notices rest{ ing their use to radio reception. in that case, President Roosevelt's first nominee to the court, Associate Justice Hugo L. Black, rendered a dissenting opinion, on the basis of which the company appealed for a rehearing, which was granted. The rehearing will cover the two major points of the case, brought by Western Electric Co., Electrical Research Products, et al : whether the owner of a patent may restrict the use made of his device after it has passed out of his hands and into those of a pur- chaser, and whether a patent owner, by mere license notice attached to a device sold in the ordinary channels of trade, can place an enforceable re- striction as to the use to be made thereof by the purchaser. Dallas Case Coming Up Another case to come before the court for a second time is the Gov- ernment's Dallas suit charging that the major distributors and two Texas theatre circuits engaged in a con- spiracy to restrain trade by prohibit- ing double features and setting mini- mum admission charges to be adopted by subsequent run houses. The Su- preme Court last term returned the case to the District Court at Dallas with instructions to make formal find- ings and state separately its conclu- sions of law, which it had failed to do. Double features also are involved in Vitagraph vs. Perelman, in which the distributors contended that the purpose of their ban on dual bills was to avoid a situation which would re- act unfavorably upon both producers and exhibitors. The Perelmans, Harry and Louis, Philadelphia independent exhibitors, charged that the rule was part of a scheme to maintain high rentals and as a protection to affiliated houses. Constitutionality of the application of the West Virginia occupation tax to an out-of-state distributor is under fire in a case involving United Artists, while the first of several expected Ascap cases is presented in an appeal by the Florida authorities against an injunction by the Federal District Court against enforcement of a state law regulating the licensing of copy- right songs. A number of other cases of interest to the film industry are expected to be presented in the near future, among them the Washington Ascap case and the North Dakota divorce law litiga- tion. Reorganize Bronx Firm Bronx Monterey Theatre Corp., op- erator of a house at 1942 Tremont Ave., yesterday filed a petition for a reorganization in the U. S. District Court. The petition, which was signed by Bernard Zimetbaum. as president, list- ed assets totaling $22,224 and liabilities totaling $29,421. The petition attrib- uted the financial difficulty to a poor summer season. MOTION PICTURE DAILY Hollywood Letter Hollywood Has 39 Pictures in Work Tuesday, October 4, 1938 Pioneers to Join Tablet Ceremonies \ (Continued from page 1) music hall where the first motion pic- ture program took place in 1896, will be Percy Waters of the old Motion Picture Patents Co.; Frank J. Marion, former president of the Kalem Co. ; C jM. Wittington, secretary of the E"'^T>n Pioneers, and Mrs. J, Leon Lascoff, first cousin of the late Albert Bial, who was present at the original performance. Speeches will be made by Will H. Hays and Jack L. Straus, the latter, vice-president of Macy's. Mrs. John E. Sloan, daughter of the late Thomas A. Edison, will unveil the tablet. Others who will attend are Hal Roach, Jules Brulatour, Mae Murray, Nino Martini and Walter Slezak. Howard Dietz will be master of cere- monies. The program has been made a part of the Motion Pictures' Greatest Year campaign. Washington Features "Go to Movies" Week Washington, Oct. 3. — "Go To The Movies Week," officially designated by every first run theatre in the city will continue here through Thursday. Part of the national campaign, it is being featured locally by the pres- ence of extensive ads placed by local houses in the various dailies. Most of the ads are of the institutional variety with emphasis being placed on the in- dustry plug rather than the individual picture. Papers are cooperating with editorials. Crisis Boosts Reel Costs 20%—Talley European developments of the last month have increased the cost of pro- ducing Movietone News more than 20 per cent, according to Truman H. Talley, producer. The newsreel has quadrupled its staff, with camera crews in about 85 vital situations throughout Europe with the exception of Russia. An emergency laboratory has been estab- lished at Marseilles, in addition to the one in Paris. Set Film Music Week The week of Oct. 31 to Nov. 5 has been designated "Musical Week of Motion Pictures' Greatest Year." Or- chestra leaders, musical artists, music publishers and dealers will join in the observance of the week, featuring mo- tion picture songs and music. Storm Benefit Hartford, Oct. 3.— Hartford exhibitors sponsored a joint benefit for flood and hurri- cane disaster victims at the State Theatre on its reopen- ing after itself suffering con- siderable flood damage. Paul Whiteman and his orchestra were headlined, and the thea- tre, additional radio talent and operators' and stage- hands' services were con- tributed gratis. Hollywood, Oct. 3. LAST week was hard on Holly- wood writers. These fertile fab- ricators of filmable fictions, late- ly embattled in successful defense of their collective bargaining preroga- tives and proud of laurels so won, couldn't believe their ears when Herr Hitler's personal demonstration of the art of collective bargaining came roar- ing in over a townful of radios. Stunned, they dialed away from Europe, only to stumble upon that Cub-Pirate game in which Gabby Hartnett made bums of Dick Merri- well and the Pittsburgh team with a ninth-inning homer such as no studio scenarist ever dared dream up. Don't blame Hollywood if the season's pic- tures get woozier and woozier from here on. ▼ You'll be glad to learn that genial, jovial J. C. Jenkins, the sage of Neligh, Neb., the small town ex- hibitors' perennial candidate for the presidency — any presidency — and Mo- tion Picture Herald's Vagabond "Colyumnist" these past IS years and more, arrived here in the pink of condition last weekend prepared to study conditions, as the phrase is, in Hollywood studios and in those moun- tain areas where trout of true Cali- fornia proportions and mettle are repu- ted to abide. This is the Colonel's first visit to these parts since 1925 and a lot of things have changed, such as conversation replacing subtitles and Hedy LaMarr replacing Theda Bara, but the Colonel has not. There's the same old spring in his step, the imag- ing twinkle in his eye and on his tongue, and I got his name down on an acting contract before the agents Briskin, Schneider, Montague Re-Signed (Continued from page 1) ing of the Company's stockholders, held in the home office. Under the stock purchase options, Mr. Briskin is authorized to acquire up to 10,000 shares at approximately $14 per share, while Mr. Schneider and Mr. Montague may acquire up to 7,500 shares each at the same price. The retiring members of the com- pany's board of directors were re- elected. Members of the board are Harry Cohn, Jack Cohn, Leo M. Blancke, S. Bornstein, Mr. Schneider, Charles Schwartz and J. Kerner. Mass. Allied Meeting Boston, Oct. 3. — The annual busi- ness meeting of Allied Theatres of Massachusetts, Inc., is scheduled for tomorrow. Samuel Pinansky is due to be reelected president. The theatre partner of Martin J. Mullin has held the office since 1936. Plaza Books "Old Drury" "Peg of Old Drury," British film released here bv John E. Otterson's Tri-National Films, has been booked for a week by Leo Brecher's Plaza, beginning next Tuesday. This is the company's second release, the first be- ing "Carnival in Flanders." and talent scouts found out he was in town. He says, incidentally, he isn't much interested in presidencies now, "things beina what they are at this precise moment of time in this so unprecise civilization." T Walt Disney never misses a trick. So many attending the pre- view of his shorts program last week said they wished they'd brought the kiddies along that he's going to run the pictures over again next Saturday morning for the youngsters. Wonder if there isn't an idea for exhibitors tucked away somewhere in that. T Bob Taplinger's invitation to the initial screening of Warners' "The Sisters" measured 12 by 8 inches, a new dimensional high, unless you in- clude his scroll for "Robin Hood," which came rolled up and tubed. When the Academy finally gets around to building that building there'll have to be a room for these showmanship-at- the-source exhibits or the record of the art-industry's progress won't be complete. T N'obody knows where David O. Selznick, George Cukor and Sidney Howard are going to spend that six- week hideout in behalf of "Gone With the Wind" but everybody knoit's it won't be Munich. ▼ That's — as Hollywood press agents say after they've got you up out of a sound sleep to tell you who hired whom to do what in which picture — it. Roscoe Williams Garyn Sets 10 -Year Trailer-Made Deal Trailer-Made, Inc., has closed a deal with Pat Garyn, former general manager of National Screen Service, Inc., under which he has acquired a 10-year franchise for Trailer-Made product in Texas, Oklahoma and Arkansas. Mr. Garyn will open offices in Dallas, under the name of Trailer- Made Service of Texas, Inc. Name "Stars" Committee Among the film, radio and theatri- cal executives who have been named to the producing committee for the fifth annual "Night of Stars" benefit, which is to be held at Madison Square Garden Nov. 16, are : Louis K. Sid- ney, chairman; Jack Benny, Irving Berlin, Max Gordon, Alfred J. Mc- Cosker, Barney Balaban, Jack Cohn, Nate J. Blumberg, Leo Spitz, Howard Dietz, Ernest Emmerling, Leon Leoni- doff, Billy Rose, William A. Brady, Gene Buck, Major Albert Warner and Rudy Vallee. 'V Men Go to Northwest Hollywood, Oct. 3. — William A. Scully, general sales manager of Universal, and William J. Heineman, western sales manager, left here to- day for San Francisco, Portland and Seattle on film deals. Mr. Scully will return here before going to New York. Hollywood, Oct. 3. — Thirty-nine pictures are before the cameras this week, one less than last week's total, as 12 finished and 11 started. Thirty- two are being prepared, and 65 edited. Those started were : "There's That Woman Again," Columbia ; "Ice Fol- lies," "Spring Dance," M-G-M ; "Am- bush," Paramount ; "Samson and the Ladies," "Tail Spin," "The Little Princess," 20th Century-Fox ; "West Side Miracle," "Little Tough Guys in Society," "The Eagle Scout," Univer- sal; "Secret Service in the Air," Warners. In addition to these, shooting were : "Blondie," "Revolt in the Sahara," Columbia ; "The Shining Hour," "Dramatic School," "Out West with the Hardys," M-G-M ; "Say It in French," "Tom Sawyer, Detective," "Little Orphan Annie," "Riders of the Range," '"King of Chinatown," Para- mount ; "Gunga Din," "Law West of Tombstone," "Trailer Romance," "Lawless Valley," RKO ; "Storm over Bengal," "Hawk of the Wilder- ness" and "Rodeo Busters," Republic ; "Topper Takes a Trip," Roach ; "Made for Each Other," Selznick; "Jesse James," "Up the River" and "Kentucky," 20th Century-Fox ; "Buck Rogers," "Adam's Evening," Univer- sal ; "Trade Winds," Wanger ; "They Made Me a Criminal," "Unfit to Print," "Crime is a Racket," Warners. Finished were : "The Spider," Columbia ; "Listen, Darling," and "Young Dr. Kildare," M-G-M ; "Gangster's Boy," Monogram ; "St. Louis Blues," Paramount ; "I Stand Accused," Republic ; "The Arizona Wildcat," 20th Century-Fox; "The Storm," "Exposed" and "Strange Faces," Universal ; "Nancy Drew, Detective" and "Women in the Wind," Warners. M-G-M started two short subjects, making four in production at the lot. Warners started one, which is still shooting. Columbia finished one, so did M-G-M. A total of 12 is bein«» &j TS **•» CD eo © ft; eo © n d Man with 100 Paces Tom JVaJls (Sept. 1) The Thirty- Nine Steps (Reissue) (G) (Sept. 15) ; The Lady Vanishes (A) Margaret Lockwood Paul Lukas (Oct. 1) The Frog Noah Beery Gordon Harker (Oct. 15) G.N. Renfrew on White Trail (228) yuiy ££) Utah Trail (O) Tex Ritter (229) (Aug. 12) Dangerous Secrets Paul Lukas (Sept. 30) WARNERS Four's A Crowd (G) (C) Errol Flynn deHavilland (213) Secrets of An Actress Kay Francis George Brent Valley of the Giants (G) (D) Wayne Morris Claire Trevor Four Daughters (G) (D) Lane Sisters John Garfield (359) Garden of the Moon (G) (M) Pat O'Brien Lindsay Broadway Musketeers (G) Lindsay Marie Wilson The Sisters Bette Davis Errol Flynn Anita Louise Girls on Probation (D) Ronald Reagan Jane Bryan Brother Rat Wayne Morris Priscilla Lane Hart to Get Dick Powell de Havilland UNIVERSAL Freshman Year (G) (M) Dixie Dunbar Ernest Trues (3025) Personal Secretary William Gargan Joy Hodges Black Bandit Bob Baker (305) Road to Reno (G) (C) Hope Hampton Randolph Scoit Youth Takes a Fling (G) (C) Joel McCrea Andrea Leeds That Certain Age Durbin Jackie Cooper Swing That Cheer Tom Brown Andy Devine Service De Luxe Constance Bennett Vincent Price The Storm Bickford Mac Lane Foster Nan Grey Exposed Glenda Farrell Otto Kruger Prairie Justice (O) Q < Drums (G) (D) Raymond Massey Sabu There Goes My Heart Fredric March Virginia Bruce Cowboy and the Lady Cooper Oberon Trade Winds March Joan Bennett 20TH-FOX My Lucky Star (G) (C) Sonja Henie Richard Greene (905) Safety in Numbers (G) (D) Jones Family (906) rioia i nai Co-Ed (G) (C) John Barrymore George Murphy (907) Time Out for Murder (G) Gloria Stuart Michael Whalen (908) Straight, Place and Show (C) Rils Bros. (911) Meet the Girls June Lang Lynn Bari (910) Five of a Kind Dionne Quin- tuplets Mysterious Mr. Moto Peter Lorre Mary Maguire (912) Suez Tyrone Power Loretta Young Annabella Always in Trouble Jane Withers Jean Rogers Arthur Treacher RKO RADIO Carefree (G) (M) A stair e Rogers (837) The Affairs of Annabel (G) (C) Jack Oakie Lucille Ball (902) The Renegade Ranger (O) O'Brien (884) Fugitives for a Night (G) (D) Frank Albertson Adrienne Ames (903) Room Service (A) (C) Marx Brothers (901) Mr. Doodle Kicks Off (G) (C) Joe Penner (904) A Man to Remember (D) Anne Shirley (905) The Mad Miss Manton Stanwyck Fonda (906) The Miracle Racket Eilers Ann Miller REPUBLIC The Higgins Family (G) (C) James Gleason Lucile Gleason Billy the Kid Returns (G) (O) Roy Rogers Smiley Burnette Overland Stage Raiders (O) 3 Mesquiteers Prairie Moon (O) Gene Autry Down in "Arkansaw" (G) (D) Weaver Bros. Pinky Tomlin The Night Hawk Robt. Livingston June Travis Robt. Armstrong Song of the West (O) Gene Autry I Stand Accused Robt. Cummings Helen Mack Storm Over Bengal Patric Knowles Rochelle Hudson PARA. Sing You Sinners (G) (M) Bing Crosby (3801) In Old Mexico (G) (O) William Boyd (3855) Campus Confessions (G) (C) Betty Grable (3802) Sons of the Legion (G) (D) Donald O'Connor (3803) King of Alcatraz J. Carroll Naish Lloyd Nolan (3804) Touchdown, Army Mary Carlisle John Howard (3805) Arkansas Traveler Bob Burns Mary Carlisle (3806) Mysterious Rider (G) (O) (3807) Escape from Yesterday Farmer Erikson T amir off Men With Wings MacMurray Illegal Traffic Naish MONOGRAM Under the Big Top (G) (D) Marjorie Main Anne Nagel Starlight Over Texas (O) Tex Ritter Mexicali Kid (G) (O) Jack Randall Wanted by Police (G) (D) Frankie Darro Evalyn Knapp Mr. Wong, Detective Karloff Sweetheart of Sigma Chi (reissue) Mary Carlisle Where the Buffalo Roam (O) Tex Ritter Gangster's Boy Jackie Cooper M-G-M Three Loves Has Nancy (A) (C) Montgomery Gaynor Boys Town (G) (D) Spencer Tracy Mickev Rooney (902) Too Hot to Handle (G) (D) Clark Gable Myrna Loy Vacation from Love Florence Rice Dennis O'Keefe (905) Stablemates Wallace Beery Mickey Rooney (906) Listen, Darling Bartholomew Judy Garland (904) Young Dr. Kildare Lew Ayres Lionel Barry- more The Great Waltz Luise Rainer Fernand Gravet Miliza Karjus The Citadel Robert Donat Rosalind Russell COLUMBIA I Am the Law (G).(D) Robinson Colorado Trail (O) The Lady Objects Gloria Stuart Lannv Ross Juvenile Court Paul Kelly Frankie Darro The Stranger from Arizona (O) Buck Jones Dorothy Fay You Can't Take It With You (G) (C) Jean Arthur Girls' School Crime Takes a Holiday (G) (D) West of the Sante Fe (O) Flight to Fame Below the Rio (O) Buck Jones Homicide Bureau Bruce Cabot Rita Hayworth There's That Woman Again Melvin Douglas Virginia Bruce In Early Arizona Bill Elliott Dorothy Gulliver C/5 . § as C/3 Sept. 16 Sept. 23 Sept. 30 • o ~ o N t3 oo o N © Tuesday, October 4, 1938 MOTION PICTURE DAILY ITOA Accepts Bid To MPTOA Sessions The I.T.O.A. has accepted the in- vitation of Ed Kuykendall, president of the M.P.T.O.A., to be represented at its annual convention in Oklahoma City Oct. 30 to Nov. 2. In the event that Harry Brandt, president, is unable to attend, the local organization will delegate John Man- fcC^JJr, executive secretary. ■STATEMENT OF THE OWNERSHIP, MANAGEMENT, CIRCULATION, ETC., REQUIRED BY THE ACTS OF CONGRESS OF AUGUST 24, 1912, AND MARCH 3, 1933 Of Motion Picture Daily, published Daily, except Saturdays, Sundays and Holidays, at New York, N. Y., for Oct. 1, 1938. State of New York ) County of New York j ss-: Before me, a Notary Public in and for the State and county aforesaid, personally appeared Theo. J. Sullivan, who, having been duly sworn according to law, deposes and says that he is the Business Manager of the Motion Picture Daily and that the following is, to the best of his knowl- edge and belief, a true statement of the ownership, management (and if a daily paper, the circulation), etc., of the afore- said publication for the date shown in the above caption, required by the Act of August 24, 1912, as amended by the Act of March 3, 1933, embodied in section 537, Postal Laws and Regulations, printed on the reverse of this form, to wit: 1. That the names and addresses of the publisher, editor, managing editor, and business managers are: Publisher— Martin Quigley, 1270 Sixth Avenue, New York, N. Y. Editor-in-Chief — Martin Quigley, 1270 Sixth Avenue, New York, N. Y. Managing Editor — James M. Jerauld, 1270 Sixth Avenue, New York, N. Y. Business Manager — Theo. J. Sullivan, 1270 Sixth Avenue, New York, N. Y. 2. That the owner is: (If owned by a corporation, its name and address must be stated and also immediately thereunder the names and addresses of stockholders owning or holding one per cent or more of total amount of stock. If not owned by a cor- poration, the names and addresses of the individual owners must be given. If owned by a firm, company, or other unincorporated concern, its name and address, as well as those of each individual member, must be given.) Quigley Publishing Company. Inc., 1270 Sixth Avenue, New York, N. Y. Martin Quigley, 1270 Sixth Avenue, New York, N. Y. Colvin Brown, 1270 Sixth Avenue, New York, N. Y. Gertrude S. Quigley— 1270 Sixth Avenue, New York, N. Y. 3. That the known bondholders, mort- gagees, and other security holders owning or holding 1 per cent or more of total amount of bonds, mortgages, or other securities are: (If there are none, so state.) None. 4. That the two paragraphs next above, giving the names of the owners, stock- holders, and security holders, if any, contain not only the list of stockholders and secur- ity holders as they appear upon the books of the company but also, in cases where the stockholder or security holder appears upon the books of the company as trustee or in any other fiduciary relation, the name of the person or corporation for whom such trustee is acting, is given; also that the said two paragraphs contain statements embracing affiant's full knowledge and be- lief as to the circumstances and conditions under which stockholders and security holders who do not appear upon the books of the company as trustees, hold stock and securities in a capacity other than that of a bona fide owner; and this affiant has no reason to believe that any other person, association, or corporation has any interest direct or indirect in the said stock, bonds, or other securities than as so stated by him. 5. That the average number of copies of each issue of this publication sold or dis- tributed, through the mails or otherwise, to paid subscribers during the twelve months preceding the date shown above is 5,723. (This information is required from daily publications only.) Theodore J. Sullivan. Business Manager. Sworn to and subscribed before me this 30th day of September, 1938. (seal) Anna Milbert. Notary Public N. Y. Co. No. 158 Reg. No. OM124 (My commission expires March 30, 1940) Hollywood Preview That Certain Age {Universal) Hollywood, Oct. 3. — In three earlier Deanna Durbin pictures Pro- ducer Joe Pasternak evolved a formula which caused them to become eminent entertainment and commercial successes. In "That Certain Age" the established, although unique blend of romantic whimsy and realism is simply and effectively used again. It achieves two primary objectives — good entertainment for almost any kind of audience and exploitation availability for exhibitors. From a secondary consideration this application of the Pasternak technique successfully bridges the gap between childhood and adolescence for Miss Durbin. Familiar screen personalities are seen in company of the starlet. All, Melvyn Douglas, Jackie Cooper, Irene Rich, John Halliday, Nancy Carroll, Jackie Searl, Charles Coleman and Grant Mitchell, work with the precision of a smoothly running machine in support of the young leading lady who, nevertheless, is constantly in the spotlight. That fresh new touches should be given the Pasternak production technique, that their entertainment and showmanship worth might be extended, a new Durban director, Edward Ludwig, was called in. He accomplished his job with skill and finesse. The result of this crew's work plus that of F. Hugh Herbert, who wrote the original story, and of Bruce Man- ning, who did the screenplay, is screen merchandise that the public should not ignore. "That Certain Age" details a romantic phenomenon that comes into the life of every "teen age" girl. Miss Durbin gets a terrific "crush" on Douglas, a man three times her age. Confiding only in her diary, she enshrines him in her heart, dreams of the days when she'll go roam- ing the world with a glamorous war correspondent. Only her boy friend, Cooper, suspects what's bothering the girl he loves and he is ready to pack up, join the Navy and forget all about girls. Eventually, Deanna's father and mother. Halliday and Miss Rich, and Douglas fathom the girl's secret. Soon she is rehearsing her part in the amateur show which her gang is staging for the Boy Scouts, happy that Jackie Cooper will not join the navy. To the entertainment merit of the straight romantic, comic and pseudo- tragic story content must be added the value of Miss Durbin's singing. Three or four numbers serve to top off an enjoyable show in enjoyable style. Running time, 95 minutes. "G." G. McC. i Purely Personal ► WALTER J. HUTCHINSON, 20th Century-Fox director of foreign distribution, is scheduled to sail today from Rio de Janeiro to Cape Town. He will return here late in December after completing his South African survey. • Irving Maas, 20th Century-Fox foreign service manager, returned yes- terday on the Queen Mary with an eye witness report of war preparations in Paris and London. • A. E. Meyer, general sales mana- ger of International Projector Corp., is on a tour of National Theatre Sup- ply branches west of Chicago to Se- attle, south to San Francisco and Los Angeles and east to Dallas. • Dr. A. H. Giannini will remain in New York a few days before return- ing to the coast. He came east for the annual meeting of Columbia stock- holders at the home office yesterday. • William K. Howard, producer, was guest of honor at the Motion Pic- ture Associates meeting Saturday. He is an honorary member, since he for- merly was a film salesman and exhibi- tor. • Fernand Gravet will sail today on the Paris. CHARLES E. McCARTHY, 20th Century-Fox advertising and pub- licity head, gave Spyros Skouras some pointers on future releases at lunch yesterday. E. V. Lomba, assistant foreign sales manager for 20th Century-Fox, will leave this week by plane for Mexico City and a three-month Latin Ameri- can survey. He is Kent drive leader for foreign territories. • Al Lichtman plans to be here an- other week on conferences with Nich- olas M. Schenck and others at the M-G-M home office. Wesley Ruggles, Paramount pro- ducer-director, arrived yesterday on the Queen Mary from a vacation abroad. He is staying at the Sa- voy Plaza. Clair Hilgers, Republic special sales representative, has arrived in Oklahoma City. Sidney R. Kent, president of 20th Century-Fox, may sail for Europe next month. • Maxie Rosenbloom arrived here yesterday from the coast. Labor Troubles Are A Chicago Problem Chicago, Oct. 3. — Theatre engineers are still picketing 30 theatres here in protest of the refusal by circuits to restore a voluntary 10 per cent pay cut. Both union and exhibitor leaders refuse to take first steps toward a settlement. Negotiations for the settlement of operators' contracts are being delayed until next week, due to the Jewish holidays. An Allied meeting over the weekend resulted in the decision to absolutely refuse restoring the union 10 per cent pay increase which it vol- untarily accepted as a cut last July. Adjourn Directors Hearing for Week Hollywood, Oct. 3. — The testimony of Val Paul, Universal studio man- ager, and B. B. Kahane, Columbia vice-president, today concluded the producers' side of the Screen Direc- tors' Guild hearings to be declared the collective bargaining agency by the N.L.R.B. Both men said assistants and unit managers do not at any time have charge of the direction of films. The hearing was adjourned for a week to give attorneys time to prepare final arguments. Legion Approves All Of Eight New Films The National Legion of Decency this week approved eight new pic- tures, three for general patronage and five for adults. The new films and their classification follow. Class A-l, Unobjectionable for General Patronage — "Drums," "Juven- ile Court," "Overland Stage Raiders." Class A-2, Unobjectionable for Adults —"If I Were King," "The Lady Ob- jects," "The Sisters," "Vacation from Love," "Youth Takes a Fling." Wall Street Substantial Gains Mark Board Net + Open High Low Close Col • 14/ 1454 Cons • 1/ m 1/2 m Cons. pfd.. ■ m 834 854 8/ E. K .174 177 174 177 E. K. pfd.. .167 167 167 167 G. T. E.... . 15 1554 14?4 15/2 80 K. A. O. . . 80 80 80 • sva 52J4 517/8 52 Loew, pfd.. .1065/1 IO654 10654, 10654. • HJ4 11/ 107/s 88 11 Para. 1 88 88 88 Para. 2 . 11/ 11/ 11 11/ 954 Pathe . m 9V4, 93/8 RKO , . ■ 234 w* 254 2/ 20th Fox . . 26% 27/ 2654 26% 20th pfd . 3554 36 3554 36 Univ. pfd.. . 38 38 38 38 W. B . 63/ 654 654. 654 W. B. pfd. ■ 34?4 36/ 3454 3554 +3 +4 + Va +354 - 54 + 1/8 + A + /s + % +154 +2/2 - 'A + / Fractional Curb Changes Net Open High Low Close Change G. N 7/16 54 V& ?4 —1/16 Monogram 1/ 2 ty% 2 +14 Sonotone . . 1?4 154 154 HA _ j£ Tech 21!4 22 21/ 22 + % Trans -Lux 2 2 VA 2 Univ. Corp. 3/ 3/ 3/ 3/ Warner Bonds Rise 3 Points Net High Low Close Change Loew 3/s '46 102/ 101-/ 102/ + % Para. Pict. 6s '55 92 92 92 RKO 6s '41 67 67 67 W. B. 6s '39 82 79 82 +3 (Quotations at close of Oct. 3) RADIO MOTION PICTURE DAILY Tuesday, October 4, 1938 Broadcasting Hearings Set For the Week Washington, Oct. 3.— Broadcast- ing hearings of the Federal Communi- cations Commission for the current week are scheduled as follows : Oct. 4, before an examiner : Ap- plications of KSAL, Salina, Kan., for change of frequency from 1,500 to 1,120 kilocycles and increase of power from 100 watts night, 250 watts day, to 500 watts, night, 1,000 watts day ; KFRO, Longview, Tex., for change of frequency from 1,370 to 1,340 kilo- cycles, extension of time from day to unlimited and increase of power from 250 to 1,000 watts, and KSEI, Poca- tello, Ida., for change of frequency from 900 to 600 kilocycles and in- crease of night power from 250 to 1,000 watts. Oct. 5, before an examiner: Appli- cations of Radio Enterprises, Inc., for a 1,310-kilocycle station at Victoria, Tex., with 100 watts night, 250 watts day ; Coastal Broadcasting Co., for a 1,420-kilocycle station at Brunswick, Ga., with 100 watts night, 250 watts day, and WRTD, Richmond, for change of frequency from 1,500 to 590 kilocycles and increase of power from 100 to 1,000 watts. Oct. 6, before the commission : Ap- plications of George W. Taylor Co., Inc., for a 1,370-kilocycle, 100-watt daytime station at Williamson, W. Va. ; Greater Greenwood Broadcast- ing Station, for a 1,420-kilocycle sta- tion at Greenwood, S. C, with 100 watts night, 250 watts day ; W. A. Barnette for a 610-kilocycle, 250-watt daytime station at Greenwood, S. C. ; Pinellas Broadcasting Co., for a 1,370- kilocycle station at St. Petersburg, Fla., with 100 watts night, 250 watts day, and WCOP, Boston, for change of frequency from 1,120 to 1,130 kilo- cycles; WGNY, Newburgh, N. Y., for change of frequency from 1,210 to 1,220 kilocycles and increase of power from 100 to 250 watts, and WAIR, Winston-Salem, N. C, for extension of time from day to unlimited. Oct. 7, before an examiner : Appli- cation of WLAW, Lawrence, Mass., for extension of time from day to sunset at KPO. Oct. 8, before an examiner : Appli- cations (contesting) of Citizens Voice and Air Shoe and Provo Broadcast- ing Co., for a 1,210-kilocycle station at Provo, Utah, with 100 watts night, 250 watts day. Richmond Quits Benton Ralph Richmond has resigned as head of the commercial radio depart- ment of Benton & Bowles, with whom he has been associated for the past two years. His future plans will be announced shortly. NBC Transfers Roberts Wilfred S. Roberts has been trans- ferred from the production to the pro- gram department at NBC, as assistant to Bertha Brainard, commercial pro- gram manager. WELI Three Years Old New Haven, Oct. 3.— WELI will celebrate its third birthday on Oct. 10. The station has just been granted full time. New Shows on the Air "Ben Bernie" Ben Bernie and all the Lads and a Lassie are back on the Sunday air- waves in a new series for Half and Half Tobacco. The "lads" are Lew Lehr, Manny Prager and Bobby Gib- son, and the "lassie" is Mary Small. The new program is basically the same as the ones the "yowsuhing" Mr. Bernie has presented in the past, which, translated, means that a pleas- ant half-hour of popular music and vocal selections, plus a substantial amount of chuckles, is assured any listener who tunes to CBS from 5 to 5 :30 P. M. on Sundays. Offered on the initial program was "I've Got a Pocketful of Dreams" by Mary Small, "A Tisket A Tasket" by Manny Prager, "So Help Me" by Bobby Gibson ; a flock of numbers by the band, including some college med- lies ; and the usual nonsensical routines of Mr. Lehr and Mr. Bernie. "Silver Theatre" "Silver Theatre of the Air," from Hollywood, began its new season with a dramatization titled "Stronger than Steel," Conrad Nagel directing and Fredric March playing the lead. Mr. March substituted for William Powell, who was unable to keep the "Silver Theatre" engagement becanuse he is not sufficiently recovered from a re- cent operation. "Stronger Than Steel" opens in a construction camp in South China, where "Boss" McGary, played by Mr. March, is so absorbed in his bridge building activities he has little time, or inclination, to give the missionary's daughter a tumble. The outbreak of the war in China leads to a series of rushing events, climaxed by the dyna- miting of a new bridge to halt the enemy's advance and thereby save the refugees. The love element came into its own, needless to state, toward the close of the production, when Mr. March, having saved the girl from danger, realized that he loved her all the while. "Silver Theatre" is spon- sored by the International Silver Co. Sundays over CBS from 6 to 6:30 P. M. It ranks on the plus side of the radio entertainment ledger. "Jack Benny" That despair of all other radio come- dians, that amasser of terrific Crosley ratings, Mr. Jack Benny, is back on the Jello show after vacationing for some 15 weeks, and if anyone is of the opinion that that is not the most welcome news of the radio season, wait until the next official ratings appear a few months hence. All that need be said about the com- edy is that Mr. Benny and his wife, Mary Livingstone, were at their hilari- ous best, and take the word of the millions who listen, there is nothing better than the Bennys at their best. The orchestra, under the baton of Phil Harris, played "Confidentially," "Walking Stick," "I Married an Angel," and Kenny Baker sang "Re- member." "Her Honor, Nancy James" "Her Honor, Nancy James" is an- other in the chain of morning and afternoon radio serials which build to a hysterical close every 15-minute in- stallment, although usually the stories contain little or nothing to get excited about. Grandma used to obtain this brand of literature in paper-covered novels for 10 cents, today Grandma's daughter receives it for nothing via her loudspeaker. Thus has progress been made. Nancy James is a young woman lawyer who is devoting her life to im- proving conditions in the slum sec- tion of "Metropolis City" by manag- ing a center. It is election eve, and when a crowd assembles before the center, Nancy delivers a tearful plea that Mayor Thomas be defeated, that Richard Morton be elected to cleanse the city of political corruption, and to help the lot of the poor. Barbara Weeks has the title role, and the sup- port includes Ned Wever, Alice Rein- hart, Joe Curtin and Chester Strat- ton. The authors are David Victor and Herbert Little, Jr. The series, sponsored in the interests of Kleenex, is presented Mondays through Fridays from 12:15 to 12:30 P. M. over CBS. Jack Banner Miller Will Handle Copyright for NAB Washington, Oct. 3. — The Na- tional Association of Broadcasters' ex- ecutive committee has decided to leave the copyright problem in the hands of Neville Miller, president. After a long discussion the board directed Mr. Miller to continue his efforts toward its solution. Edwin M. Spence was appointed secretary-treasurer of N. A. B., for a term of one year. The committee decided that the N. A. B.'s next an- nual convention should be held at a date to be fixed in the light of legis- lative developments, probably late next spring. Heads Texas Web Music Oklahoma City, Oct. 3. — Ralph Rose, Jr., conductor of the Oklahoma Federal Symphony Orchestra, has gone to Fort Worth to become mu- sical director of the Texas State Ra- dio network. He will retain his con- nections with the Oklahoma Symphony. Says South America Radio Ads Lagging Radio advertising is 10 years be- hind the times in South America, ac- cording to Joseph D. Bohan, who re- cently returned from a business trip to Brazil, Argentina and Uruguay. Mr. Bohan, who is sales manager of the Centaur Co., says there_ is no established rate card in Brazil and Argentina. Uruguay is covered by a powerful Buenos Aires station. Offer Kansas Survey Topeka, Oct. 3.— WIBW, Capper Publications station in this city, now is distributing a condensation of its 1938 "Kansas Radio Listeners Sur- vey." The condensation is titled "Kansas Radio Facts," and gives per- tinent information covering the state radio. The book will be of value to agencies and advertisers who use the Kansas market. Mutual Gross In September Has 50% Gain Mutual's September, 1938, billings are up 50.8 per cent over the bill- ings for the same month in / while the cumulative billings sh<> . an increase of 25.2 per cent. CBS billings, on the other hand, show a decline. Mutual's September, 1938, gross is $200,342, which compares to the Sep- tember, 1937, gross of $132,865. The network's nine-month gross for this year is at $1,874,255. The cumulative total for the same period last year was $1,496,572. The CBS September, 1938, billings amount to $1,602,105, compared to the September, 1937, billings of $2,028,- 585, a decline of 21.0 per cent. Cumu- lative billings are down 3.8 ner cent, the totals amounting to $19,975,882 and $20,775,542 for 1938 and 1937 re- spectively. NBC's billings are not yet avail- able. Court Approves New Ferguson Radio Plan Federal Judge Murray Hulbert yes- terday approved, with minor modifica- tions, the second amended plan of re- organization of Ferguson Radio & Television Co., Inc., and ordered that the plan should be immediately car- ried out. Judge Hulbert further or- dered that all creditors who had failed to file claims by Sept. 9, or who had failed to obtain the consent of the at- torneys for the company to file after that date, should be barred from dis- tribution under the plan. The plan provides for payment of 25 per cent in 18 months to general creditors and payment in full of tax liabilities and priority creditors. RCA is to receive full payments due under its patent licensing agreement with the company. Kaltenborn Dines Crew H. V. Kaltenborn, CBS news an- alyist and editorialist, who performed so outstandingly for CBS during the European crisis, last night tendered a party at his home for the CBS crews who worked with him during the Breen, Durbin on CBS Deanna Durbin and Bobby Breen, both of whom received their start on Eddie Cantor programs, will appear as special guests of the comedian on his broadcast of Oct. 10 over CBS. Harris on Air for Drive John H. Harris of the Harris Amusement Co., Pittsburgh, will speak on "First Facts in the Movies" in connection with the Motion Pictures' Greatest Year campaign over the Mutual Broadcasting System, Oct. 17. Plan Travel Week Show Roscoe Turner, Jacaueline Cochran and Dick Merrill will be heard on WMCA tonight at 8 :45 as a SD^cial | feature of National Air Travel Week. Martin Starr will conduct the inter- NOT P?EIiViOV Alert. Intelligent to the Picture Industry MOTION PICTURE DAILY b« 44. NO. 67 NEW YORK, WEDNESDAY, OCTOBER 5, 1938 TEN CENTS O'Neill Lines To Be Studied By the F.C.C. Hearing Called Off on License for WTCN Washington, Oct. 4. — The Federal Communications Commission yesterday adopted a motion by Commissioner Eugene O. Sykes to reconsider its action of last week, ordering a hearing on the application of WTCN, Min- neapolis, for renewal of license, but passed over until a later meeting a second motion offered by Mr. Sykes to grant the station's renewal applica- tion. The Minneapolis station was one of nine whose renewal applications were ordered the subject of hearings last week on the ground that they had violated the commission's regulations or the Communications Act, or had offered programs not in the public in- terest. In the case of WTCN, the commis- sion charged that improper language (Continued on page 8) Juniors Favored in New Bylaws of Guild Hollywood, Oct. 4. — A closer un- derstanding between junior and senior members of the Screen Actors' Guild is aimed at in the proposed new by- laws, which were mailed to members for ratification today. Under the bylaws the guild is di- vided into three classifications of mem- bership, senior, Class B, which in- cludes extras, and part players. The new rules give the Class B members the right to withdraw in a body on a 51 per cent vote, prohibit senior mem- bers from calling a strike of Class B members until the latter approve by a 75 per cent vote, and, in effect, give the Class B members a larger voice in the affairs of the guild. Billings of NBC for September Show Gain NBC's billings for September of this year show a rise of 4.5 per cent over the billings for the same month last year, the totals being $2,979,241 com- pared to $2,850,581. The nine-month total amounts to $29,902,724, an increase of 5.7 per cent compared to the cumulative total for the same period last year, $28,291,115. More Radio on Page 8 Chance Games Being Probed, Court Is Told Society for Prevention of Crime Behind Move An investigation of chance games in theatres is under way by the Society for the Prevention of Crime with a view to possible prosecutions, it was stated by an investigator for the so- ciety at a hearing of six defendants in an alleged theatre lottery before Magistrate Aurelio yesterday. The defendants are employes of the Jewel Theatre in Harlem which was raided recently at the instance of the society. Magistrate Aurelio paroled a girl cashier on her own recog- nizance and continued five others in (Continued on page 4) Exhibitors' Groups Reporting on Sales Considerable information will be available to local exhibitors through their organizations on product deals consummated by independents in the metropolitan area. Allied of New York is making a monthly survey of contract terms by questionnaires sent to members, and the data will be presented at future meetings. Allied of New Jersey will have its annual session on contract and product analysis at its forthcoming convention in Atlantic City. An inter- change of information on the subject will feature the next meeting of the I.T.O.A., the date of which is as yet indefinite. Would Censor Reels London, Oct. 4.— The War- wick County Council has ap- pealed to the County Coun- cils Association to ask the British Home Office to im- posed a censorship on news- reels. The movement aims at horriffic and war scenes. Value of Ad Drive to Be MPTO Topic The practical value of the Motion Pictures' Greatest Year campaign and the advisability of repeating it next year will be weighed at the M. P. T. O. A. national convention in Okla- homa City, Oct. 30 to Nov. 2, Ed Kuykendall, president of the exhibitor organization, disclosed yesterday. A specific discussion of the cam- paign has been included among the topics of major importance to be brought before the convention during its three-day business session. Exhib- itors from all parts of the country will be asked to participate in the dis- cussion of the questions 'Was the na- tional advertising campaign worth the cost and effort?" and "Should it be repeated next year?" The possibilities for self-regulation of trade practices in distribution and exhibition and a forum on new product and national audience tastes in film fare are, as reported earlier, among the major topics which will come before the M. P. T. O. A. meeting. Other (Continued on page 4) Industry's Leaders Unveil Tablet and Traffic Stops Down on the 34th St. side of Macy's yesterday there was a flag-bedecked grandstand and a WOR microphone and a silk American flag hanging on the wall and a few policemen to permit distinguished guests to arrive in a dignified fashion. All along 34th St. from the Penn- sylvania Station to Herald Square tens of thousands of commuters hurried. Out of the BMT and H. & M. tube exits other thousands poured. The decrepit old Sixth Ave. "L" con- tributed its usual quota. A grandstand and a microphone can make a commuter late for work any time — and thev did. By 9:30 Macy shoppers with the gleam of the bargain hunt in their eyes had arrived. More police came. A few minutes later Will H. Hays mounted the platform with Hal Roach, Percy L. Walters, an official of the old Kinetograph Co. and later president of the Motion Picture Patents Co. ; Frank J. Marion, presi- dent of the old Kalem Film Co. ; Paul Gulick, coordinator of the Motion Pic- tures' Greatest Year Drive; Howard Dietz, committee chairman ; C. _ M. Withington, representing the Edison Pioneers and Thomas Alva Edison Foundation ; Percy Straus, president of Macy's ; Ben Serkowich of the Broad- way committee of the industry drive ; Nino Martini, tenor; Walter Slezak, actor, and relatives of Albert Bial, partner with Koster in the Old Music (Continued on page 4) Majors Seek Agreement in Trust Action To Acquire No Theatres Pending Suifs End The five major companies having theatre affiliates will endeavor to reach an agreement with the Depart- ment of Justice in the near future under which they will refrain volun- tarily from acquiring new theatres pending determination of the Govern- ment's anti-trust action, it was learned yesterday. The indicated agreement will be in the form of a stipulation to be entered into by Loew's, Paramount, RKO, 20th Century-Fox and Warners with the Government. The stipulation is expected to include provisions for cer- tain exceptions directly related to the safeguarding of existing theatre in- vestments but in the main will em- body an agreement to maintain the status quo of theatre interests of all five companies. As a result of the stipulation the Government will not oetition the Federal court here for an injunction to restrain the companies involved from further theatre expan- sion, thus eliminating an extended court action. So far as could be learned the stipulation will be the principal, if not the sole topic of discussion at the (Continued on page 4) Schenck, Zanuck, Goetz Sell Stock Washington, Oct. 4. — Sale of 30,- 400 shares of 20th Century-Fox com- mon stock in August by two officers and a director was disclosed today by the Securities and Exchange Commis- sion in its semi-monthly summary of transactions of officers and directors in the securities of their corporations. The summary revealed that William Goetz and Darryl F. Zanuck each dis- nosed of 10,000 shares of stock dunng the month, with Mr. Goetz holding (Continued on page 4) King" Para, Gross Hits Record $67,000 "If I Were King" closed its first week at the Paramount last night with a record breaking take of $67,000. This is the best first week's gross at the theatre since the start of the band policy in 1936, with the exception of "Wells Fargo," which played during the Christmas and New Year holi- (Continued on page 4) MOTION PICTURE DAILY Wednesday, October 5, 1938 Book Promotion Is Gaining Favor in Midwest Theatres 2 Australia Has 10-Point Plan For Harmony By LIN ENDEAN Sydney, Sept. 16. (By Air Mail via London) — The New South Wales Board of Trade, representing circuits, independent exhibitors and distributors, has determined to make tangible moves to bring about closer understanding within the trade. It is known that many members considered it a waste of time to attend meetings while in- ternecine strife was common. Sir Victor Wilson, president of the Motion Picture Distributors' Associa- tion, has made public a letter from an executive of the Australian Exhibitors' Council to the M.P.D.A., in which there were 10 proposals on which ac- tion by the distributors is sought. Among them are suspension of rentals during enforced closing of theatres, such as epidemics ; supplying of extra prints when needed ; percen- tage pictures ; a standard film con- tract; regulation of gift nights and other subterfuges for the reduction of admissions ; excessive city protection ; an age limit on minimum admissions ; regulation of county and suburban pro- tection. Points Out Serious Side Sir Victor pointed out that most of the points raised probably can be agreed upon with little discussion, but that two points, excessive city protec- tion and percentage pictures, are more serious. He expressed the belief that a standard contract would solve most of the exhibitor problems, and a com- mittee has been named to draw up a standard form to be presented to ex- hibitors in the near future. Exhibitors have sought such a con- tract for years, and since they will ask a rejection privilege, it appears there may be difficulties in framing a con- tract suitable to both sides. How- ever, it is understood that if a suit- able basis for agreement is not reached in a reasonable time, exhibitors will approach the Government for help. It is also planned to increase the scope of the Board of Trade's activity, extending it throughout the Common- wealth. Expect Fleischer Pact Negotiation of a new working agreement between the Fleischer stu- dio and the United American Com- mercial Artists union may end in an agreement tomorrow. The discussions have been under way for several months and were suspended for a time due to a disagreement. Considerable progress has been made in the past few days, however, indicating a pos- sibility of their being concluded after the Jewish holiday. Union Agreement Near Negotiations by a theatre committee with Local No. 1, Manhattan stage- hands, on a new contract for this season have been extended longer than anticipated, but an agreement is ex- pected in a few days. Major L. E. Thompson of RKO held another ses- sion with the union committee yester- day. By BILL Chicago, Oct. 4. — The latest the- atre promotion plan to gain favor in the midwest is Book Treasures, a plan whereby books of various sorts are given away to patrons on a coupon basis. The book giveaway idea was introduced around this territory late in the summer, according to Lester F. Martin, in charge of the plan for Consolidated Book Publishers, Inc., who has named eight men to handle the branch offices he has set up throughout the country. More than 90 books are available on the plan, which involves no element of chance in the distribution of the books. Classics, encyclopedias, dic- tionaries, cook books and diaries are offered in the plan. Several Illinois circuits have adopted it. T A battle between local theatres on the showing of newsreels is in sight. Herb Elisbnrg started the fray with his shoiving of five newsreels at the Essaness Woods theatre. Other Loop houses are now giving the newsreel idea more attention and what looks like a battle of the newsreels in the Loop is in sight. T Theatre executives whose houses are affected by the strike called last week by the theatre engineers are not complaining so much about the raise the engineers have asked for, as it amounts to only about $5 per week per man, but they are Start Fox English Film London, Oct. 4. — Robert T. Kane, head of 20th Century-Fox British pro- duction chief, has started "So This Is London" at the Pinewood studio. Rob- ertson Hare and Alfred Dayton will star, with George Sanders, Berton Churchill and Lily Cahill featured. Carla Lehmann, Canadian stage act- ress, has replaced June Lang. Thorn- ton Freeland is directing. Heads Party Publicity Boston, Oct. 4. — Harry Browning, M. & P. director of publicity, has been appointed publicity manager for the forthcoming eighth annual dinner- dance of the film district post of American Legion at the Copley Plaza, Oct. 25. Alvin Kenney is his assist- ant. Shea Managers Shifted New Philadelphia, O., Oct. 4. — Harold Snyder, assistant manager of the Union, has been named manager of the Bexley at nearby Dover. Charles E. Simpson, now assistant at the Bexley, has been shifted to the Colonial, Akron, replacing D wight Kirk, who has been made assistant at the Strand and Paramount, Fremont. Para. Awards Given Out Washington, Oct. 4. — Paramount's awards for the best campaign on "Her Tungle Love" have been handed out bv Carter Barron, Loew division man- ager, to Ray Bell, Roscoe Drissel of Norfolk and Allen Sparrow of Rich- mond. CROUCH irritated by the "ultimatum" handed down by union officials. T Negro theatre operators are still picketing some of the negro theatres that use white operators. Union of- ficials say that the 19 colored opera- tors now being used are sufficient. There are no negro owned theatres in Chicago and this is one reason for the demand for white operators in most of the colored theatres. T Al Simons, operator of the grill in the Exhibitors' Building, was held up last week and $125 taken. Two masked bandits herded the customers into the back of the room and rifled the cash register. It was the most excitement to hit film row in weeks. ▼ Exhibitors are wondering what was wrong with business during the summer months found out when the Chicago Park Board re- vealed that more than 3,500 000 per- sons attended the free concerts in Grant Park during: the summer months. The 8,000,000 who attended sports events, many of them free, also didn't help the box-office any. T W. H. Banford, branch manager here for M-G-M, is one of the lucky members of the Metro sales staff to leave Oct. 22 for Europe. Mr. Ban- ford, with the other M-G-M sales con- test winners, will land at Nice, visit Paris and London and sail for home on the Queen Mary Nov. 16. Comerford Takes House Pottsville, Oct. 4. — Comerford Theatres have taken over the Holly- wood here. This gives the circuit con- trol of all three local houses. The Hollywood is owned by the Brenne- man estate and has been operated un- der lease by the William B. Shugars estate, which had a booking arrange- ment with Lewen Pizor. Close "Take W Deal Columbia has closed a special deal with National Theatres on "You Can't Take It With You." The cir- cuit consummated a two-year contract with Columbia last year, but the film is being sold as a special. Leonard Picker and Jerry Safron of Columbia worked out the deal with William Powers of National. "U" Board Meet Routine A routine meeting of the Universal board of directors was held yesterday. The meeting, originally scheduled for tomorrow, was advanced because of the Jewish holiday today and the plans of J. Cheever Cowdin, board chair- man, for sailing for England tomor- row. Expect Loew Dividend The board of Loew's, Inc., is to de- clare a regular dividend of $l.62z/2 on the preferred stock at its next meeting Oct. 13. The regular meeting scheduled for today was postponed to that date. Gillmore Issues New Member Rule for 4A Members of any branch of the As- sociation of Actors and Artistes of America who accept engagements in the jurisdiction of any sister branch must immediately make application for membership in such other branch, ac- cording to a ruling issued yesterday by Frank Gillmore, president, t ( branches. The decision is expecce'd to assist materially in the current or- ganization drive of the American Fed- eration of Actors in motion picture theatres which have vaudeville or stage shows. Charles C. Moskowitz has been designated as representative of Broad- way houses to conduct negotiations with the A. F. A., it was learned at union headquarters yesterday and Harry R. Calkins, chief organizer, will act for the union during the absence of Ralph Whitehead who is at the A.F.L. convention. Jurisdiction of the A.A.A.A. extends over screen act- ors and radio artists and it is be- lieved here that personal appearances may be blocked in the event that pres- ent negotiations fail to lead to an agreement. Drive-In Theatre Is To Close for Winter After a successful summer season, the Drive-In Theatre at Valley Stream plans to close during the latter part of the month and will reopen in April. Burt Kulick is now president and treasurer of the Parkhill Broadway Corp., which operates the Broadway in Yonkers. Closed for the winter are the Garden, Princeton ; Playhouse, Cedarhurst ; Lido, Long Beach, and Boardwalk, Edgemere. MOTION PICTURE DAILY (Registered U. S. Patent Office) MARTIN QUIGLEY, Editor-in-Chief and Pub- lisher: J. M. JERAULD. Managing Editor: JAMES A. CRON. Advertising Manager. EDI- TORIAL STAFF: Charles S. Aaronson. Jack Ban- ner. Al Finestone, Sherwin A. Kane, Joseph Prlore. Published daily except Saturday, Sunday and holidays by Quigley Publishing Company, Ine., Martin Quigley. president; Colvln Brown, vice- president and treasurer. Publication office: 1270 Sixth Avenue at Rocke- feller Center, New York. Telephone: Circle T-3100. Cable address: "Quigpubco, New York." All contents copyrighted 1938 by Quigley Publishing Company, Inc. Address all correspondence to the New York office. Other Quigley publications: MOTION PICTURE HERALD, BETTER THE- ATRES. TEATRO AL DIA. INTERNATIONAL MOTION PICTURE ALMANAC and FAME. HOLLYWOOD: Postal Union Life Building. Vine and Yucca Sts. ; Boone Mancall. manager: William R. Weaver, editor. WASHINGTON : Albee Building, Bertram F. Llnz. representative. CHICAGO: 624 S. Michigan Ave.. C. B. O'Neill, manager. AMSTERDAM: 87 Waalstraat: Philip de Schaap. representative. BERLIN: Steuler- strasse 2. Berlin W. 35: Joachim K. Rutenberg, representative. BUDAPEST : Szamos-Utca T, Budapest I' Endre Hevesi. representative. BUENOS AIRES: Avallaneda 3949; N. Bruskl. representa- tive. COPENHAGEN: Rosengaarden 14: Kris Winther. representative. HELSINKI: Fredrlks- gatan 19C; Charlotte Laszto. representative. TONDON: 4 Golden Square, W. 1: cable address. Quigpubco, London; Hope Williams, manager. MET.BOITRNE: Regent Theatre Buildings, 191 Collins St.; Cliff Holt, representative. MEXICO CITY: Apartado 2R9. James Lockhart. representa- tive. MONTEVIDEO: P. O. Box 664; Paul Bodo. representative. MOSCOW: Petrovskl Per 8; Beatrice Stern, representative. PARIS: 21, Rue de Berri; Pierre Autre, representative. PRAGUE: Uhelny trh 2. Prague 1 : TTarry Knopf, representa- tive. RIO DE JANEIRO: Caixa Postal S558; L. S. Marinho. representative. ROME: 54 Via Delia Mercede: Joseph D. Ravotto. representative. SANTIAGO de CHILE: Casilla 13300: A. Weiss- mann. representative. SHANGHAI: Rooms 38-41 Capital Theatre Building. 14? Museum Road: J. P. Koehler. representative. STOCKHOLM: Kunes- ■ratnn 36: Ragnar Allberg. representative. TOKYO: R80 Sasazuka. Tchlkawa-shi. Chiba-Ken: H. Toml- na^a. representative. Entered as second class matter Sept. 23. 1938, at the post office at New York, N. Y.. under the act of March S. 1879. Subscription rates per year {6 in the Americas and foreign $12. Single copies 10 eentt. Our editorial this week is reprinted in its entirety from the INDEPENDENT EXHIBITORS FILM BULLETIN. Only the quotation marks are ours. Here's the editorial: "TO METRO'S CREDIT "In an industry wracked with seeming endless inter-branch antagonism and baiting, it is pleasant to hear the virtual unanimity of exhibitor good will enjoyed by at least one distributor. "One might suppose that its very posi- tion at the pinnacle of the industry would make Metro-Goldwyn-Mayer the most ruthless and arrogant of all film companies. Yet, this company displays greater consideration for its customers than any other. "During the film selling season hardly a week passes but what at least one irate exhibitor writes or calls us asking how he might go about suing some distribu- tor for selling away a product he has long played. ' Of course, we point out the right of any company to sell to whom it desires, providing no conspiracy can be proven. But what strikes us is the absence of complaints on this score against Metro. "This company, it seems, places some value on good will. Many cases are known in which Metro persistently has remained faithful to old customers, regardless of opportunities to get greater revenue from new competitors. The fact that a theatre which has played M-G-M pictures in the past, has exploited its stars and its trade mark apparently enters quite prominently into the con- siderations of this company's sales executives. "It is to the everlasting credit of M-G-M that it sets a fine example for other distributors in this respect. What a pity some of them refuse to follow!" %depeftdeHt\mi\\m a" • FILM BULLETIN ★ * ★ * * OH MICKEY! "STABLEMATES" (a beloved American favorite Wally Beery welcomes a new star!) is the next step in Mickey Rooney 's march to become the greatest box-office draw America has ever known. A worthy fol- low-up to "Boys Town" is "Stablemates" and then "Out West With The Hardys." Nice go- ing Mickey! EXTRA! "BOYS TOWN" TERRIFIC! EXTRA! "TOO HOT TO HANDLE" WOW! EXTRA! "SWEETHEARTS" PREVIEW HIT! EXTRA! "STABLEMATES" SURE-FIRE! EXTRA! "GREAT WALTZ" TRIUMPH! EXTRA! "THE CITADEL" SENSATIONAL! We could go on and on, but you get the idea! In fact a few exhibitors who were out to lunch when our salesman called are now frantically signing up. Nobody would want to pass up a single one of the above pictures. Nor the jolly hits ahead. Leo believes in modesty up to a certain point, but honestly you can't blame him for the swelled chest (not swelled head, folks!) Con- tracts talk! Listen: MORE M-G-M EXHIBITORS NOW THAN EVER BEFORE AT THIS PERIOD! * * ★ ★ * "Sweethearts of the day" * ★ ★ ★ * THE TOPS! We used to think a barrel of monkeys was fun until we dropped into the big Broadway Capitol and listened to the packed audience enjoying Clark and Myrna in "Too Hot To Handle." There's a show for folks of all shapes and sizes! A natural! And naturally it's a clean-up! ''Entertainment you'll chuckle over for days to come," said the Daily News, echoing all the critics of Broadway, N. Y., and your Broadway too, Mr. Showman. Holdovers: New York, Philly, Salt Lake, Harrisburg, Indianapolis, Wilmington, Houston, Atlanta, New Orleans and everywhere as we roar to press. ★ ★ * ★ * TELEGRAM FOR LEO! "SWEETHEARTS sensation last night's preview in Pomona. Jeanette MacDonald and Nelson Eddy thrilled audience. Victor Herbert music- and numbers tremendous. Picture packed with entertainment and breath-taking with brand new spectacle ideas. Tech- nicolor beautiful. Definitely tops 'Rose Marie', 'Maytime' all other MacDonald- Eddy triumphs and another resound- ing hit in Metro-Goldwyn-Mayer's Greatest Year." * ★ ★ ★ * BOX-OFFICE FLASH! By wire from California to "Box-Office" magazine: '"Vacation From Love' rowdy, romantic fare, fast moving en- tertainment, well up to Leo's standard." 'BRING BAM THE WALTZ" Wf ftoUvMr DID YOU GET YOURS? Ask M-G-M for the broadside (above) also I Exhibitors Service Sheet telling the com- plete story of one of the greatest promo- tions since the first Manager hired that elephant from his local zoo! "THE GREAT | WALTZ" COMPETI- TION has begun. In ! 48 states local contes- tants are waltzing in the hope of getting one of the 87 pretty prizes, topped by the first prize: THREE MONTHS CONTRACT AT M-G-M STUDIOS! 48 State Trophies (above) will be awarded. These winners will com- pete in 12 Zone Semi-Finals and the win- ning couple from each Zone (24 lucky vualtzers) will be brought to New York for the whirlwind finals. You don't have to wait for your "Great Waltz" playdate. (By the way, the picture is finished and our trusted scouts tell us it's a honey!) Every M-G-M theatre can enter and its local winner then enters the State contest. Nice promotion, say our exhibitor friends. Plus "THE GREAT WALTZ" nationwide posting of thousands of 24- sheets in 1200 cities! What with one thing and another, there's plenty of dancing on Film Rows . . . With that merry, musical fellow leading the gayety. They call him THE WALTZING LION -aCexr MOTION PICTURE DAILY Wednesday, October 5, 1938 Chance Games Being Probed, Court Is Told (Continued from page 1) nominal bail of $25 each for trial in Special Sessions. Local exhibitors are considerably agitated over these arrests, which in eluded the entire house staff, and are cooperating through Allied of New York and the I. T. O. A. to fight the case. A brief filed by Harry G. Kosch, counsel for Allied and Max A. Cohen, whose circuit operates the theatre, cites decisions by the Court of Appeals under which chance games as conducted at the Jewel are held legal. Milton Weisman, I. T. O. A counsel, is working with Mr. Kosch in the case. The two exhibitor organizations plan to obtain a final ruling on chance games in the courts. Meanwhile, at- torneys point out that unless theatres advertise that the games are free, they may not be legally in the clear. Rubin Examined in Stockholder Action J. Robert Rubin, vice-president and general counsel of Loew's, was exam ined for three hours yesterday and will give further testimony tomorrow in connection with the Loew's min ority stockholders' suit seeking to abrogate executive contracts with the company. Examination was by Emil K. Ellis, counsel for the plaintiffs, in his office Mr. Rubin was accompanied by coun- sel, including Judge Joseph M. Pros- kauer, J. Alvin Van Bergh and Leo- pold Friedman, Loew attorney. By agreement, examination of Nich- olas M. Schenck, president ; David Bernstein, vice-president and treasurer, and Jesse P. Mills, controller, has been postponed to the week of Oct 24 because of accounting problems in- volved. At that time the officials will be asked to submit the company's books of account. Industry's Leaders Unveil Tablet and Traffic Stops Seek Dismissal of Davis Action Today A motion to dismiss the complaint of Betty Davis, alleged stockholder of Columbia Pictures Corp., will be heard by Justice Charles B. McLaughlin in the N. Y. Supreme Court today. Three grounds will be urged for the dis- missal. The defense contends that the plaintiff has no legal capacity to sue because she is not a stockholder of record, that the time for bringing the suit has expired, and that no cause of action is stated in the complaint. The plaintiff alleges that she is the owner of 162 voting trust certificates and charges that alleged misdeeds by the board of directors entitle her to bring the stockholder's suit. Roxy Allowance Sought Manufacturers Trust Co., as agent for the distribution of the new first mortgage 20-year 4 percent bonds of the recently reorganized Roxy Theatre Corp., filed application in the U. S. District Court here yesterday for an allowance of $6,385 as commissions and $862 for disbursements. (.Continued from page 1) Hall. Mrs. John E. Sloan, daughter of Thomas A. Edison, was there. Uni- versal Newsreel and Movietone News turned on their cameras. The crowd grew. Paul Hollister, vice-president of Macy's, introduced Mr. Hays. The crowd grew some more. More police arrived. Out in the middle of 34th St. the busses were stalled. In Herald Square everything was stalled, includ- ing the commuters. Police pushed and shouted "Move on! Keep Moving I" The fringes of the crowd widened back in swirling eddies toward Eighth Ave. Listeners on WOR knew Mr. Hays was saying that only in America could motion pictures attain the growth they had attained here under "free institu- tions." They also heard him say next year the industry would celebrate its golden jubilee, but so far as thousands of onlookers knew there had been an- other automobile accident. Mrs, Sloan pulled the American flag to one side revealing a tablet which read: "Here the Motion Picture Be- gan. On the night of April 23, 1896, on this site in Koster & Bial's Music Hall Thomas A._ Edison with the Vita- scope first projected a moving pic- ture." The crowd cheered and the police pushed some more. Time passed and the traffic cops began to hope for the best. Those who had some place to go went. Others lingered on to read the tablet that had attracted so much attention. Schenck, Zanuck, Goetz Sell Stock (Continued from page 1) 194,643 shares and Mr. Zanuck 142,130 snares at the close of August. Joseph M. Schenck, Beverly Hills, a director, disposed of 10,400 shares in a series of transactions throughout the month, leaving him with 119,443 shares. A number of less important transac- tions were reported in the stocks of other film companies. Kirk W. Todd, Pittsburgh, director in Grand National Films, wiped out his holdings of com- mon stock in that company with the sale of 150 shares, and John D. Hertz, New York, Paramount director, dis- posed of all of the 1,000 shares of sec- ond preferred stock which he had held through Lehman Brothers. The most important acquisition of film securities was the purchase throughout the month of 1,200 com- mon voting trust certificates of Uni- versal Corp. by Daniel M. Sheaffer, Philadelphia, a director, bringing his holdings to 14,800 in addition to 26,- 500 held through Standard Capital Co. Loew's, Inc., continued to pick up Loew's Boston Theatres common stock, adding 36 shares during August to bring its total to 99,670, while a July report for Sam Katz, an officer, showed the acquisition of two shares of Loew's, Inc., common, to bring his holdings to 752 shares. Ad Drive to Be An MPTO Meet Topic (Continued from page 1) subjects on the agenda include the question of whether the present anti- trust laws actually prohibit "construc- tive cooperation" between exhibitors and distributors, and the possibility of the pending Government action result ing in a clarification of the application of the anti-trust laws in their relation to this industry. Other convention topics include the need for an exhibitor "voice" in the possible drafting of new statutes and legislation affecting the business ; ex hibitor compliance with the new Fed eral wage and hour law ; the possibil ity of new Federal and state admis sion taxes ; the exhibitor's part in win ning public good will for the indus try; voluntary exhibitor action in ending "unfair competitive practices" between theatres ; the prospect of an enforced closed shop on small town theatres through unionized film ex- changes, and discussions of new the- atre equipment. Mr. Kuykendall's bulletin to M. P. T. O. A. members disclosed that, in addition to representatives of all branches of the industry who have been asked to attend the convention, "prominent officials of the state and Federal governments, including lead- ing members of Congress" are ex- pected to be present. The Newsreel Parade European conditions before and after the peace treaty and the launch- ing of the Queen Elisabeth, sister ship of the Queen Mary, are the chief items of interest in the new issue of the newsreels, out yesterday. The reels and their contents follow: MOVIETONE NEWS— Crisis passed, a picture recording of Europe as war seemed inevitable. Tornado hits Charles- ton. Days of Dalton Brothers lived in Coffeyville. Mrs. Roosevelt honored at State College in Rhode Island. The Queen Elisabeth launched. Futurity classic at Belmont Park. Football games. NEWS OF THE DAY— Peace comes to Europe as nations prepare for war. World's largest ship set afloat. New York Republicans nominate Dewey for Governor. Gloucester schooner seeks cup. Chicago hails pennant-winning Cubs. Bel- mont Futurity race. National football. PARAMOUNT NEWS— Peace ends Eu- rope's nightmare. Picture resume of tense war-scare days. Sen. Vojta Benes speaks at Washington, D. C. Football games around the country. RKO PATHE NEWS— Mobilized coun- tries at ease as peace comes to Europe. England's Queen Elizabeth christens world's largest ship. Republicans convene at New York. Hank Greenberg's home- run streak broken. Belmont Futurity. Gloucester schooner prepares for coming championship race. Football games. UNIVERSAL NEWSREEL— War crisis over, Chamberlain returns from Germany. Tornado sweeps across Charleston, S. C. The Queen Elizabeth launched in Scot- land. Man gives circus to Chicago's poor children. Football games. Majors Seek Agreement in Trust Action (Continued from page 1) second meeting between counsel for the five companies and Departnu'y- ?f Justice officials which will proOculy be held in Washington within the next week. As a result, counsel for Uni- versal, United Artists and Columbia, the non-theatre-owning companies, will not attend the subsequent session, it was stated. No request for an extension beyond Nov. 1 of the time for filing of an- swers to the Government's bill of com- plaint has been made by any of the defendants. However, it is believed that in the event the discussions of the stipulation on non-extension of theatre operations are protracted, the Govern- ment will not oppose another extension of the deadline if it is requested. King" Para. Gross Hits Record $67,000 (Continued from page 1) days in 1937. The current stage bill is headlined by Tommy Dorsey and his band, and Connie Boswell. Other holdovers are "Drums," which will start a second week at the Music Hall tomorrow, and "Room Service," which is going a third week at the Rivoli. "Marie Antoinette" took $10,500 in its seventh week at the Astor, and the duration of the run is indefinite. "Mr. Doodle Kicks Off" gave the Rialto $6,000. "The Affairs of Annabel" will have its Broadway first run at the Palace beginning next Wednesday. "Grand Illusion" will be held a fourth week at the Filmarte. "Rothchild," another French film, will open Tuesday at the Belmont for an extended run. Erpi and W.E. Are Sued Nakken Patents Corp. filed suit in the U. S. District Court yesterday against Erpi and Western Electric Co. for an alleged infringement of a patent obtained in 1920 by Theodorus H. Nakken for improvements in "means for transforming light impulses into electric current imnulses." The com- plaint charges that the defendants in- fringed by manufacturing and selling photo cell amplifier equipment. Dismiss Voteur Action The suit of Ferdinand Voteur against Warner Bros. Enterprises, Inc. and Intrastate Theatre Corp. was dismissed by Justice Louis A. Valente in N. Y. Supreme Court yesterday be- cause of the failure of the plaintiff to prosecute the action. Mr. Voteur charged infringement of his composi- tion, "Resurrection Morning" in the Warner film, "The Walking Dead." "Take If Opens Strong "You Can't Take It With You" is playing 70 simultaneous first run en- gagements across the country follow- ing national release of the picture last weekend, Columbia reported yester- day. Grosses were reported strong in all opening bookings. KING OF FILMS EASTMAN Super X Panchromatic Negative reigns supreme. . . . Not by virtue of fine grain alone. . . . Not by virtue of speed alone. . . . But by a combination of those qualities with that prime requisite of the fine motion picture, superb and dependable photo- graphic quality. Eastman Kodak Company, Rochester, N. Y. (J. E. Brulatour, Inc., Dis- tributors, Fort Lee, Chicago, Hollywood.) EASTMAN SUPER A PANCHROMATIC NEGATIVE MOTION PICTURE DAILY Wednesday, October 5, 1938 "Sinners" Is Los Angeles' Top, $22,000 Los Angeles, Oct. 4. — "Sing You Sinners," with a stage shown, turned in $22,000 at the Paramount. This was the only strong gross in town in spite of the presence of thousands of American Legion men and women. "Valley of the Giants" dualled with "Blockheads," went $1,400 over the line on a take of $15,400 at Warner's Hollywood and $3,700 over on a gross of $15,700 at the Downtown. Other first runs were weak. Estimated takings for the week end- ing Sept. 28: "HOLD THAT CO-ED" (20th-Fox) "THE MYSTERIOUS MR. MOTO" (20th-Fox) CHINESE— (2,500), 30c-75c, 7 days. Gross: $10,930. (Average, $12,500) "ALGIERS" (U. A.) 4 STAR — (900), 40c-55c, 4 days, 11th week. Gross: $2,976. (Average, $3,250) "YOUTH TAKES A FLING" (Univ.) "THE AFFAIRS OF ANNABEL" (RICO) HILLSTREET— (2,700), 30c-65c, 7 days. Gross: $5,800. (Average, $6,500) "HOLD THAT CO-ED" (20th-Fox) "THE MYSTERIOUS MR. MOTO" (20th-Fox) LOEWS STATE— (2,500), 30c-75c, 7 days. Gross: $10,782. (Average, $14,000) "YOUTH TAKES A FLING" (Univ.) "THE AFFAIRS OF ANNABEL" (RKO) PANTAGES— (3,000), 30c-65c, 7 days. Gross: $6,100. (Average, $7,000) "SING YOU SINNERS" (Para.) PARAMOUNT— (3,595), 30c-65c, 7 days. Stage: F. & M. revue, Jack Durant, Ken- ney Gardner, Rube Wolf and his orchestra. Gross: $22,000. (Average, $18,000) "VALLEY OF THE GIANTS" (W. B.) "BLOCKHEADS" (M-G-M) WARNER BROS. (HOLLYWOOD) — (3,000), 30c-65c, 7 days. Gross: $15,400. (Average, $14,000) "VALLEY OF THE GIANTS" (W. B.) "BLOCKHEADS" (M-G-M) WARNER BROS. (DOWNTOWN) — (3,400), 30c-65c, 7 days. Gross: $15,700. (Average, $12,000) Canada Plans Drive Week Toronto, Oct. 4. — Following up the original suggestion of Dewey D. Bloom, chairman of the Canadian pub- licity and radio committee for the greatest year campaign, for a Can- adian Moving Picture Week to dove- tail with the general features of the drive, the committee has set aside the week commencing Oct. 22 in which to augment campaign advertising with a special program emphasizing Canadian angles. Billboards are to be used throughout the business sections which will read "Toronto Welcomes Motion Pictures' Greatest Year." There will be special displays in stores and other stunts. Many Aid Omaha Drive Omaha, Oct. 4. — Complete reports on the Motion Pictures Greatest Year campaign show 131 independent ex- hibitors signed pledges totalling $4,007. This figure doesn't include the 45 cir- cuit houses in the area. President Charles E. Williams of the M.P.T.O. of Nebraska and West- ern Iowa and D. V. McLucas, Omaha district campaign manager, thanked exhibitors "for their splendid co operation." Technicolor Office Opens Technicolor has opened new offices equipped with projection rooms in the RCA Building, Rockefeller Center. Hollywood Preview "The Arkansas Traveler" (Paramount) Hollywood, Oct. 4. — This picture makes a star of Bob Burns, actual- ly as well as officially, and perhaps the best single way to exploit it is by forthright declaration of that fact. Mr. Burns plays no bazooka in this film, and commits no slanders upon his Arkansas kinfolk. On the contrary, he proves there is no truth in the theory that the passing of an artist leaves an unrefillable vacuum, for he and Fay Bainter here achieve, without in any sense copying or borrowing, exactly the type of entertainment achieved by the late Will Rogers and Irene Rich 'way back in the "Jes' Call Me Jim" era. It is pretty generally agreed that that was, and is, just about the most thoroughly satisfactory type of entertainment ever contrived for the mass public. Mr. Burns is about due for some recognition. It was inevitable that he should have been charged with "stealing Rogers' stuff." It is about time for showmen to call public attention to the fact that this was an unfair phrasing of an extraordinary if not unprecedented circumstance. There is important truth and considerable box-office in the Burns rec- ord, for, far from "stealing Rogers' stuff," this earnest performer has succeeded, by completely honorable and consistently respectful methods, in carrying forward, into pictures and into radio, the wholesome essen- tials of the Rogers talent. In this screenplay by Viola Brothers Shore and George Sessions Perry, from Jack Cunningham's story based on Producer George M. Arthur's original idea, Mr. Burns plays a hobo who stops off in a small mid-American town long enough to save Fay Bainter's newspaper from the local capitalist-politician, Lyle Talbot, by means which make an interesting chronicle of it. He also arranges things romantically for John Beal and Jean Parker, with the aid of the local constable, Irvin S. Cobb. The story is not tremendous, spectacular or earth-shaking, but it's solid, down-to-earth entertainment from start to finish. A secondary exploitation angle is the expressed and widely publicized approval given the film by William Allen White of Emporia, Kan., to whom it is dedicated. Running time, 85 minutes. "G." Roscoe Williams New York Preview "Stablemates" (M-G-M) Call it largely hokum, if you will, this yarn of the stableboy who acquires a race horse, and the stumblebum, once a great veterinarian, who works a surgical miracle on the horse and becomes father to the boy. But add together all the ingredients — fine performances, swell cast names, high production values — and you have ace entertainment, with appeal from top to bottom of the patronage scale, and something for the showmen to cotton to. Once again we record a splendid performance for young Mickey Rooney, who should curb a slight tendency to overdo his tearful scenes. Teamed with him, and also most excellent, is Wallace Beery. It is their picture, and although Margaret Hamilton offers an amusing bit as the woman with "designs," no one else in the cast is of any conse- quence. It isn't the story, which basically, has been done before. It's the way it's done by Rooney and Beery, plus the production values and one particular hair-raising finish on the track which contribute so heavily to the top-scoring film this turns out to be. Under the production hand of Harry Rapf, Sam Wood directed from an original story by William Thiele and Reginald Owen and a screen- play by Leonard Praskins and Richard Maibaum. Mr. Wood made the most of the dramatic moments at his disposal, and permitted Beery to carry the weight of the comedy in his wholly appealing fashion. The yarn finds Beery, led to wrong paths years before and wanted by the police, coming upon young Rooney, who has been given a horse which refused to run. Beery diagnoses the ailment, cures it by an operation, and the two become self-adopted father and son. Eventually they bring the horse to the track, Rooney pretends to throw over his "father" to save him from the police, but Beery gladly faces the music, knowing the boy will wait for him with his winning horse. Running time, 89 minutes. "G." Charles S. Aaronson "Sinners" Is Chicago Lead With $35,000 Chicago, Oct. 4. — "Sing You Sin- ners" was the bright spot in the Loop last week with $35,000 which - " 'as $3,000 above average. 4 "Three Loves Has Nancy" at the Roosevelt and "Algiers" at the United Artists were other better-than-aver- age performers in a dull week. "Room Service" at the Palace and "Hold That Co-ed" at the Garrick com- pleted satisfactory second weeks. The weather was fair and warm throughout the week. Matinees were hard hit with thousands either attend- ing or listening to the ball games, as the Chicago Cubs battled the Pitts- burgh Pirates for the National League pennant. Estimated takings for the week end- ing Sept. 29-30: "I Am the Law" (Col.) APOLLO — (1,400) (35c-55c-65c) 7 days. Gross: $6,100. (Average, $6,500) "Sing You Sinners" (Para.) CHICAGO— (4,000) (35c-55c-75c), Stage: Roger Pryor & Band. $35,000. (Average, $32,000) "Hold That Coed" (ZOth-Fox) GARRICK — (900) (35c-55c-75c) ' days. Gross : 7 days, 2nd week. Gross: $5,000. (Average, $6,500) "Room Service" (RKO) PALACE — (2,500) (35c-55c-75c) 7 days, 2nd week. Stage: Chester Hale Girls Revue. Gross: $17,000. (Average, $19,000) "Men Are Such Fools" (W.B.) STATE-LAKE — (2,776) (20c-25c-30c) 7 days. Stage: Vaudeville Revue. Gross: $11,600. (Average. $13,000) "Three Loves Has Nancy" (M-G-M) ROOSEVELT— (1,300) (35c-55c-75c) 7 days. Gross: $12,500. (Average, $11,000) "Algiers" (M-G-M) UNITED ARTISTS— (1,700) (35c-55c-75c) 7 days. Gross: $16,000. (Average, $15,000) Detroit Theatres Aiding Detroit, Oct. 4. — H. M. Richey, head of Co-Operative Theatres of Michigan, Inc., says 72 per cent of the approximately 100 theatres in the De- troit area are participating in the "Movie Quiz" campaign. Assessment outlays for the booklets approximate $8,000, he says. Wall Street General Board Decline Net Open High Low Close Change Col . 14*6 1556 1454 1454 - 54 • 1*6 m 154 1*6 Cons. pfd. . 8 8 8 8 - 54 E. K . 17854 17854 17854 17854 +154 E. K. pfd. 166 166 166 166 —1 G. T. E.... . 15*6 15*6 1554 1554 - 54 . 51*6 52 51*6 5174 - 54 Para 11 1156 11 11 Para. 1.... . 8854 89 8854 89 Para. 2 , . 1156 1156 1154 1154 Pathe • 9*6 9*6 9*6 9*6 2*6 - *6 RKO , ,. ■ 254 254 2*6 - 56 20th Fox . . 2654 267/g 2654 26*4 - 56 Univ. pfd.. . 40 40 40 40 +2 W. B . 654 6*4 6*6 6*6 Curb Issues Quiet Net Open High Low Close Change G. N 7/16 7/16 7/16 7/16 +1/16 Tech 2VA 22 21?4 22 +54 Univ. Corp. 354 354 354 354 Light Bond Movements Net High Low Close Change Loew 3!4s '46 10254 10254 10254 Para. Pict. '47.... 78 78 78 RKO 6s '41 66?4 66 6674 — 56 W. B. 6s '39 81 7954 7954 —2 (Quotations at close of Oct. 4) Wednesday, October 5, i 938 MOTION PICTURE DAILY Rathbone Helping on "King" NJL Opening Basil Rathbone left yesterday for a personal appearance tour of New Eng- land cities where he will be inter- viewed by newspaper critics in con- nection with the pre-release engage- ment of Paramount's "If I Were King" in six M. & P. Circuit theatres. 1- eNew Haven, Mr. Rathbone will pre.^pt a working script of the picture to the head of the English department at Yale and later address the dramatic Mass under Professor Nichols. At Boston, Mr. Rathbone will be met at the city line by a motorcycle escort. "If I Were King" will open Oct. 12 _ at the M. & P. Capitol, Worcester ; Allyn, Hartford ; Paramount, New Haven; Olympia, New Bedford; Metropolitan, Boston, and Strand, Newport. Advance bookings also have been set at the State, Portland, Me., Oct. 19 as well as the Chicago, Chi- cago, and Paramount, San Francisco, Oct. 21. Rebuttal Testimony Given in SDG Case Hollywood, Oct. 4. — Barry Brannen today opened the Screen Directors' Guild hearing with rebuttal testimony by calling as witnesses Nate Watt, as- sistant director to Frank Borzage. Mr. Watt testified that he guided the shooting of more than half the bat- tle scenes of "All Quiet on the West- ern Front." Mr. Borzage testified that Watt took over the shooting of "No Greater Glory" when his brother was ill. Producer testimony given previously was to the effect that assist- ants have no authority to direct. The hearing was recessed until Thursday. Unit in K. C. Votes Against Dissolving Kansas City, Oct. 4. — The Major- ity of the members of the Independent Theatre Owners of Kansas City, have voted not to dissolve the association. Such a motion was presented and de- feated. The group will retain its charter and continue, according to E. E. Webber, Jr., president. Effort will be made to effect a co- operative tieup with the Kansas-Mis- souri Theatres Association, and Sec- retary John Wolfberg has been au- thorized by the I. T. O. to take a mail vote on the proposal. Defnxe overnight Sleeper ■k Latest evening departure — 7:15 p.m. (DST) — with arrival for morning busi- ness in Hollywood. Or take TJnited's famous Overland Flyer, another Sleeper plane, leaving at midnight. Fast, luxurious, fewest stops. RESERVATIONS at 58 West 42nd Street. MUrray Hill 2-7300. Or travel bureaus, hotels UNITED AIR LINES The Main Line Airway Variety Club Chatter Cleveland Cleveland, Oct. 4. — Cleveland Variety Post No. 313 of the American Legion has elected Howard Roth, Paramount booker, commander for the coming year. Other officers elected are : First vice-commander, John Him- melein ; 2nd vice-commander, Hol- brook C. Bissell ; financial officer, Nat Barach; adjutant, Dr. Abe Bubus ; sergeant-at-arms, Jack Sogg; 2nd sergeant-at-arms, Joe Swee ; chaplain, Aaron Wayne. Meetings for the year will be held in the American Legion headquarters at the Arena instead of in the Variety Club as previously. Detroit Detroit, Oct. 4. — Variety Club has resumed its fall and winter noon luncheons in the English grill of the Book-Cadillac. Judge Joseph A. Moynihan was the principal speak- er at the first gathering. Weekly Saturday night frolics will be resumed Oct. 8. Eddie Heiber and Mrs. Heiber will be host and hostess. A new weekly social evening to be called Junior Variety Night is to be started Oct. 14 for sons and daughters of members. Mrs. Philip Kaplan will be general chairman for the sea- Indianapolis Indianapolis, Oct. 4. — Saturday night gala events have been resumed by Tent No. 10. The Warner staff was host at the first party, with Fred Greenberg heading the arrangements committee. Pittsburgh Pittsrurgh, Oct. 4. — Oct. 10 has been set as the date on which the an- nual election of officers will be held. Tony Stern has been down with the flu for several days. Dave Broudyjs son, Buddy, brought him back a couple of batons from Paris. George Tyson around again after spending the summer in Atlantic City, where he put on the Miss America pageant. Washington Washington, Oct. 4. — Tent No. 11 will hold its fifth annual banquet and ball at the Willard Hotel Nov. 19. Two orchestras will supply music and talent for the entertainment is being lined up. Rudolh Berger heads the general committee. Other committees include : Dinner — Carter Barron, chairman ; Tom O'Donnell and Harry Somerville; tickets — Archie Engel, chairman ; Harry Brown and Carroll Dike- man ; publicity — Ray Bell, chair- man ; Nelson Bell, Andrew R. Kelley and Jay Carmody ; reception —J. B. Fitzgerald, chairman ; Harry Bachman, Bob Denton, Dr. Frank Bernard, Ned Bord, John Cheva- lier, Fred Rohrs and P. Ershler. Entertainment — Hardie Meakin, chairman ; Clarke Davis, Guy Won- ders, Gene Ford, Harry Anger and Phil Hayden ; printing — ■ Sam Wheeler, chairman ; Nate Sauber, Sam Flax and C. MacGowan; pro- gram— Sidney Lust, chairman ; Floyd Akers, George Crouch, Eddie Mel- niker and Floyd Kogod; decorations — Charles Schulman, chairman ; Herbert Sauber, Jules James, Nat Glasser and Allan Baerach ; talent hosts — Eddie Plohn, chairman ; Dr. Frank T. Shyne, Adlai Mann ; reservations — Joseph Makover, chairman ; out-of-town contacts — Ed- die Fontaine, chairman. Ontario May Renew Theatre Ticket Tax Toronto, Oct. 4. — Premier M. F. Hepburn of Ontario is considering a renewal of the amusement tax in re- vised form as a source of relief rev- enue for municipalities, the impost to be levied on a Provincial basis. The first proposal, from the Ontario Mayors Association, was for permis- sive legislation by the province which would enable the municipalities to adopt a local bylaw for the tax. Word has come, however, that the city coun- cils do not favor this nlan for polit- ical reasons. Accordingly, the On- tario leader is considering an act of the Legislature which would provide for the collection of the ticket tax once more with the cities and towns receiving the proceeds after a reduc- tion for departmental expenses. James King Is Promoted Boston, Oct. 4. — James King has been promoted to the publicity staff of the RKO Memorial and the RKO Boston. He will be assistant to John Granara. Mr. King was formerly stage manager at the RKO Boston. NLRB Sets Oct 14 For SWG Meeting Hollywood, Oct. 4. — Dr. Towne Ny- lander, regional N.L.R.B. director, to- day set Oct. 14 as the date for a con- ference with Screen Writers' Guild representatives on the writers' formal charges that studios have failed to negotiate with it as the exclusive col- lective bargaining agency. The con- ference is expected to determine the procedure to be followed. Theatres Change Hands Kansas City, Oct. 4. — Recent theatre deals in the area include : pur- chase of the Shafer at Edgerton, Mo., from Abe Shafer by Baker Enter- prises ; sale of the Aladdin, Mound City, Kan., by Lauck & Moodey to Roy Williamson ; purchase of the Delharco, Concordia, Kan., by W. D. Fite from Delmar Harris ; leasing of the Roanoke here by Frank Amos from E. S. Young. Mizell Named Manager Montgomery, Ala., Oct. 4. — Charles Mizell has been named manager of the Strand here, Alabama Theatres, Inc., house. He replaces F. J. Nickens, resigned. i Purely Personal ► TACK L. and MRS. WARNER are »J scheduled to sail on the Queen Mary tomorrow to attend the open- ing of the new Warner Theatre in London Oct. 12. John Mark, Para- mount story editor in London, and Lily Damita are also booked. John B. Nathan, Paramount gen- eral manager in Argentina, Paraguay and Uruguay, will arrive in Holly- wood from New York today for con- ferences at the studio on general prod- uct and Spanish features. • Gloria Wood, daughter of Sam Wood, M-G-M director, is appearing in a roadshow company of "You Can't Take It With You." Her stage name is Katharine Stevens. • Jack Harris, Skouras circuit ex- ecutive, is celebrating the arrival of a daughter — which makes C. C. Mos- kowitz of Loew's an uncle again. • Leo A. Pollock, at one time with Cosmopolitan Productions, is now pub- licity manager for John E. Otter- son's Tri-National Films. • Mrs. Tom Pryor, wife of the Times reviewer, is recunerating from an ap- pendicitis operation at Roosevelt Hos- pital. Nicholas M. Schenck, president of M-G-M, plans to leave late this month on his fall visit to the studios. • Cameron Hall, English actor, will sail today on the Manhattan. • John Payne, Warner player fea- tured in "Garden of the Moon," will arrive in town today accompanied by his wife, Anne Shirley. • Helen Claire, who has the lead in "Kiss the Boys Good-Bye," now on Broadway, is a commentator for Movietone News. • Grant Leenhouts' and Walter Herzbrun's "Live Bait" has been ac- quired by M-G-M. THE MEREURY OVERNIGHT TO LOS ANGELES Fly the Southern SUNSHINE route over- night to Los Angeles. Through service. No change of planes. Giant SKYSLEEPERS. Complimentary meals served by stewardesses. Mercury Southerner Lv. 5:10 p. m* Lv. 9:00 p. m. {only 3 slops) {only 5 slops) FOR RESERVATWNS:CaH Your Travel Agent or VANderbilt 3-2580. Ticket Offices: 45 Vander- bilt Ave., and Rockefeller Center, 18 W. 49th St. AMERICAN AIRLINES^ MOTION PICTURE radio DAI LY ► Radio Personals < MARK WARNOW has been re- signed to a five-year contract as a musical director for CBS . . . David Ross has been signed as the announcer for the Fred Waring series, and Allan Kent has been signed for similar du- ties on the new Hobby Lobby show . . . Herman Bernie, for Myron Selz- nick, Ltd., has set a guest appearance for Chester Morris on the Kate Smith broadcast of Oct. 13 . . . Sammy Kaye, Count Basie and Henry Busse will ap- pear with the orchestras Sunday night at the Professional Music Men's bene- fit dance at the Manhattan Opera House, in addition to Tommy Dorsey, Larry Clinton, Cab Calloway and Russ Morgan.. + St. Louis Russ David, musical director of KSD, will double as organist on the new Hammond electric organ the sta- tion has installed . . . Irene Virginia Miller, torch singer on WTMV, is in Chicago on vacation . . . Rose Kaye, dramatic art instructor for Meglin- Fanchon & Marco, has joined the KXOK dramatic staff. Howard E. Woodward, announcer, is substituting for Johnny Sneeberger, WTMV script writer and sports announcer, while the latter is on vacation . . . Paul Codt, WTMV's program and musical director, is back from vaca- tion. "Plays" Back on NBC "Great Plays," a series of dramatiza- tions of famous stage plays, will be returned on NBC for another season beginning Oct. IS. The programs will be broadcast Sundays from 1 to 2 P.M on the Blue network. Thirty plays in all will be broadcast. Burns Man- tle dramatic critic of the Daily News will serve as commentator. Blevinf Davis will supervise with the coopera- tion of Louis Titterton, script division manager, and William Rainey, man- ager of the NBC production depart- ment. Chevrolet Will Resume Chevrolet will resume spot broad- casting over about 250 stations next week, through the Campbell-Ewald agency. A series of musical programs transcribed by World Broadcasting will be used. Editors on WHB Program Kansas City, Oct. 4. — John Cam- eron Swayze, radio editor of the Jour- nal-Post, and Parke Carroll, sports editor, have a daily program on WHB sponsored by Royal Crown Cola. Warburton to Canada Charles Warburton, NBC produc- tion director, has been loaned by that network to the Canadian Broadcasting Corp. for an indefinite period to assist in the production of Shakespearean programs. Three Stations Get INS International Broadcasting Corp., for WOV-WBIL, New York, and WPEN, Philadelphia, has signed for International News Service. The INS coverage will augment the present news broadcasts of those stations. Two Blackett Shows Are Renewed on NBC Two programs produced by Blackett- Sample-Hummert, "Stella Dallas" and "Backstage Wife," have been renewed on NBC, and additionally, a contract for a program on WJZ for the Arco Skate Co. has been placed by the Gussow-Kahn agency. "Stella Dallas," sponsored by the Charles H. Phillips Chemical Co. has been renewed for one year on the Red network, as has "Backstage Wife," also sponsored by Phillips. "Behind the Scenes in Sports" is the title for the Arco Skate Co. program. It will begin Dec. 12 and will be heard Mondays over WJZ from 4:45 to 5 P. M. for a period of six weeks. Two Are Sponsoring Alabama Ball Games Birmingham, Oct. 4. — Alabama football games are being broadcast this fall under the auspices of RCA- Victor and Coca Cola. R. P. Mc- David & Co., RCA-Victor distribu- tors, will sponsor all University of Alabama football games over the News Age-Herald station, WSGN, while Coca Cola will alternate with Auburn and Alabama games over WAPI and WSGN. In addition WSGN has completed a state network for its broadcasts which will include the following sta- tions: WHBB, Selma; WMSD, Sheffield; WJBY, Gadsden, and WMFO, Decatur. Mutual Prepares New Educational Series An ambitious educational series for various school grades will be added to the Mutual schedule beginning Oct. 10. The program, created by WLW, Cincinnati, will be broadcast Mondays, Tuesdays, Wednesdays Thursdays and Fridays from 10 to 10:30 A. M., and will originate in principal cities throughout the country where Mutual stations are maintained. The pro- grams will be produced under the su- pervision of Joseph Ries, WLW edu- cational director. To Revise P. & G. Shows Several of the current Procter & Gamble programs on CBS will be re- vised shortly. "Vic and Sade" will complete their stay on that network Nov. 4, and will be replaced by a new program, title not announced, begin- ning Nov. 7. The new show will be heard over a 25-station hookup. The "Gospel Singer" will conclude on CBS Nov. 4, to be replaced by "Life Can Be Beautiful," currently on NBC. Twenty-seven stations will be used for this series. Dick Fishell Joins WHN Dick Fishell has resigned from WMCA to join WHN as sports com- mentator and director of sports broad- casts. He will continue as the an- nouncer and em cee on the NBC net- work program "For Men Only." Movietone Signs Knight Felix Knight, radio tenor, has been signed to sing for two Fox Movie- tone shorts with Nathaniel Shilkret and orchestra. Canada Takes 'News' General Foods Corp., spon- sors of the M-G-M "Good News" program, has signed with the Canadian Broad- casting Corp. for presenta- tion of that series over the complete Canadian system. Here, the series is heard on the NBC-Red network, and WHN in New York. Ask Permission for Station in Florida Washington, Oct. 4. — Applications for authority to construct two new broadcasting stations have been filed with the Federal Communications Commission, the Panama City Broad- casting Co. asking for a 1,200-kilo- cycle station at Panama City, Fla., with 100 watts power night, 250 watts day and the Bellingham Broadcasting Co., Inc., asking for a station with the same frequency and power at Bel- lingham, Wash. The commission also received ap- plications from WBNX, New York, for authority to move its transmitter from Cliffside Park to Carlstadt, N. T.. and increase power from 1,000 to 5,000 watts, and WTHT, Hartford, asking for an increase in day power from 100 to 250 watts; WMBR, Jacksonville, seeking a change in frequency from 1,370 to 1,120 kilocycles and an increase in power from 100 watts night, 250 watts day, to 1,000 watts, filed an amended application asking for power of 500 watts night, 1,000 watts day. Seek New Hearings On Ruling of F.C.C. Washington, Oct. 4. — - WBBC and WVFW, Brooklyn, and the Fed- eral Communications Commission have joined in asking the Court of Appeals for the District of Columbia to re- mand for further hearings before the F.C.C. a case involving a ruling made more than a year ago by the commis- sion barring WLTH and WARD from the air. The F.C.C. said that the purpose of the request was to al- low a new statement of fact to be prepared. The suit arose from the commission's attempts to untangle a snarl among four Brooklyn stations, WBBC, WF VW, WLTH and WARD, to which had been awarded a single channel, each using the channel one-fourth of the time. A year ago the commission decided to eliminate WLTH and WARD and give their time to WBBC. WLTH and WARD took the matter into court, where it has been since. Film Library Radio Topic Sidney Kaufman, conducting "Cine- ma Comment" on WQXR, will discuss the Film Library of the Museum of Modern Art, Rockefeller project, which assembles motion pictures for reference and historical purposes, on his program tonight. He will have as his guest John E. Abbott, director of the Film Library. Tom Kearns Leaves WOR Tom Kearns of the WOR publicity staff has resigned. Johnny Johnstone, publicity director, has not yet filled the vacancy. Wednesday, October 5, 1938 O'Neill Lines To Be Studied By the F.C.C. (Continued from page 1) in Eugene O'Neill's prize-wiiV** % play, "Beyond the Horizon," an RjjC sustaining program carried by a num- ber of stations was broadcast. The motion to grant a renewal of the station's license was passed over to "Give opportunity to all members of the commission to study the mat- ter," it was explained. Approximately 40 NBC stations car- ried the broadcast in question, all of which are equally liable to commission action. WTCN, however, was the first acted upon because its semi-annual re- newal of license application is up for consideration. Contesting Station Pleas Up on Oct. 31 Washington, Oct. 4. — The Federal Communications Commission today scheduled examiners' hearings for Oct. 31 at which will be heard the applications of William H. Bates Jr. and Thomas R. McTammany, for a 740-kilocvcle, 250-watt daytime station at Modesto, Cal., each seeking the facilities of KTRB, and the application of Bernard Goldsmith for a 1,420-kilo- cycle, 100-watt daytime station at Metuchen, N. J. On Nov. 23, an examiner will hear the application of the Suffolk Broad- casting Corp. for a 1,200-kilocycle sta- tion at Suffolk, Va., with 100 watts night, 250 watts day. and on Dec. 5 a hearing will be held on the applica- tion of the Coastal Broadcasting Co. for a 1,420-kilocycle station at Bruns- wick, Ga., also with 100 watts night, 250 watts day. WOW Plugs Bring 40,000 to Food Show Omaha, Oct. 4. — Sponsored for the first time by a radio station, WOW, Omaha's annual food show pulled over 40,000 in a week at the city audi- torium. WOW gave the show a lot of advance plugging and had Irene Rich here two nights. The nightly show also included Carl "Deacon" Moore and his band. Jack Baker, Marge Hudson and Mun- son Compton. The studio band han- dled afternoon shows. Open CBS Show Tonight "The Curtain Rises," a new dramat- ic series in which will appear such players as Barbara Stanwyck, Henry Fonda, Robert Benchlev, Irene Bor- doni and Tullio Carminati, will begin over CBS tonight from 9 to 9:30 P.M., and Wednesdays thereafter at that time. The program will give behind-the-scenes views of the three major amusement industries, motion pictures, stage and radio. The pro- grams will originate in New York and I Hollywood. Ferris to Benton Agency Clinton S. Ferris has just joined i Benton & Bowles in New York City. I Mr. Ferris came to New York from : B lackett- Sample-Hummert, Chicago. r, Alert. Intelligent OO TNiOT REMOVE MOTION PICTURE DAILY and Impartial V «u44. NO. 68 NEW YORK, THURSDAY, OCTOBER 6, 1938 TEN CENTS Admission Tax For Year Tops $20,800,000 Over Million Above 1937 Total, Report Shows Washington, Oct. 5. — Admission taxes collected by the Government during the fiscal year ended June 30, last, topped $20,800,000, according to the Internal Revenue Bureau. The year's collections of $20,800,- 779.49 compared with $19,740,191.78 during the fiscal year 1937, with every class except admissions to roof gar- dens and cabarets showing an improve- ment. Of major interest were the taxes collected on box-office admissions, which increased from $17,367,439.19 during 1937 to $18,423,307.09 during the year recently ended. Other in- creases reported were in taxes on free (.Continued on page 10) G. N. to Open Three New Exchanges Soon Grand National will open three new exchanges immediately, bringing its total of distribution branches to 32, Edward L. Alperson, general sales manager, said yesterday on his arrival here from Chicago. The new offices will be opened in Memphis, Oklahoma City and Butte. Their personnel will be appointed by the district managers in charge of each territory, completing the initial sales setup. New assignments of branch man- agers were made known yesterday by Mr. Alperson. William Crystal has been transferred from the Omaha branch to Minneapolis ; Glen Gregory going from Minneapolis to Denver, and Bradley Fish from Denver to San Francisco, filling a vacancy there. William Henelein has been appointed (Continued on page 10) Actors* Guild Agrees To Control Members Hollywood, Oct. S. — For what is believed the first time in the history of the film industry, a labor organiza- tion holding a collective bargaining contract with producers has taken upon itself the discipline of its mem- bers who might cause loss of money to their employers. This was disclosed today in the new eight-year contract negotiated by the Screen Actors' Guild with producers, which will go into effect Nov. 1. If a player is late for work and causes overtime to be paid to princi- (Continued on page 10) TRADE ADJUSTMENTS ASSURED EXHIRITORS "Definite Assurance" — The complete statement issued yesterday by Ed Kuykendall, M.P.T.O.A. president, disclosing that the distributors' negotiating com- mittee headed by Sidney R. Kent has given exhibitors definite assur- ances that "decisive adjustments in trade practices will be made this month" follows: "Motion Picture Theatre Owners of America's long, hard fight against great odds brought about by those seeking credits rather than sincerity of purpose is finally bringing about definite results to replace idle chatter. The M.P.T.O.A. committee who have been meeting with various major distributors during the past few weeks can definitely assure theatre owners of immediate meetings with the distributors out of which will come decisive adjustments in trade practices. "We have the assurance of Sidney R. Kent of 20th Century-Fox and William F. Rodgers of M-G-M, who represent the distributors' com- mittee, that meetings will take place at the earliest possible date con- sistent with ability of interested parties to come to New York. "M.P.T.O.A. invites the representatives of all units, regardless of affiliation, to sit in with us for a discussion of common problems, and whether they sit with us or not we hope they will attend these confer- ences. We are seeking results. Let credits fall where they may. "The motion picture industry as a whole knows that M.P.T.O.A. has made a constructive fight for fair trade practices under the heading of our 'Ten Point Program' and there has been no real reason for the delay (Continued on page 2) Tablet Honors Edison and History Gets Another Jolt By AL FINESTONE Henry Ford, a close friend of Thomas Alva Edison, is credited with having said, for the record, that his- tory is the bunk. Some history sure is, it was noted by industry historians yesterday as they peered at the bronze tablet affixed on the 34th St. side of Macy's and dedicated with appropriate oratory by Will H. Hays and others Tuesday morning as marking the site of Koster & Bial's Music Hall where, 43 years ago, films were shown to the first pay- ing audience. The tablet commemorates the fact and also that "Thomas A. Edison with the 'Vitascope' first projected a mov- ing picture" on the spot. There it is — for the ages. And everything seems to be in order, ex- cept for one or two stubborn facts. The Vitascope was the invention of Thomas Armat, who still operates a laboratory in Washington. Mr. Armat was in the projection booth on that memorable night of April 23, 1896, when "The Buffalo Express" was screened to a silk-hatted audience as a unit of Koster & Bial's vaudeville show. Mr. Armat's Vitascope was manufactured at the Edison plant and Edison film was used. Mr. Edison was in a box at the show. The neglect of recognition for Mr. Armat, it seems, came about this way : The Motion Pictures' Greatest Year campaign committee, seeking historical accuracy for the commemoration, con- sulted with Terry Ramsaye, editor of Motion Picture Herald, historian of the motion picture and a friend in the confidence of Thomas Edison. By painstaking research, Mr. Ram- saye has long since been able to clear away the fog of conflicting claims which surrounded the invention of the motion picture mechanism. While Mr. Edison is the undisputed inventor of the camera, Mr. Ramsaye has proved (Continued on page 10) Kent, Rodgers Promise Program — Leaders To Convene Here A program of self-regulation of trade practices covering "decisive adjustments" of exhibitors' basic complaints will be delivered to a national exhibitor committee within the next two or three weeks by the distributors' negotiating committee of which Sidney R. Kent is chair- man. This was revealed yesterday by Ed Kuykendall, M. P. T. O. A. presi- dent, following conferences with Mr. Kent and William F. Rodgers, tem- porary chairman of the committee. In a statement issued following the meeting, Mr. Kuykendall said that the M. P. T. O. A. was not claiming credit for the distributors' action and revealed that representative exhibitors of all and sundry organizational affilia- tions are being asked to participate in a preliminary meeting to be held here the week after next to obtain repre- sentative views on the trade reforms believed to be most necessary. Fol- lowing the preliminary meeting the exhibitors will convene with the dis- tributors' negotiating committee to hear its proposals for self-regulation and to negotiate further with the com- mittee, if that is necessary. While no official statement was is- sued by the distributors' negotiating committee, usually well informed sources appeared confident that the program which has been evolved for presentation to the exhibitors will in- clude major adjustments of important and immediate benefit to all exhibitors. The opinion available yesterday in dis- tribution quarters was that the nego- tiating committee is prepared to agree to the establishment of local concilia- tion boards which will be empowered (Continued on page 2) Pinanski Reelected By Allied of Mass, Boston, Oct. 5. — Samuel Pinanski of M. & P. Theatres has been reelected president of Allied Theatres of Mass- achusetts, Inc., for a third term. John H. Devlin of Loew's Theatres has been reelected vice-president, with Stanley Sumner as treasurer and Jo- seph H. Brennan as secretary. The new board of directors includes Charles W. Koerner and Ben Domingo of RKO Theatres, H. M. Addison and George A. Jones of Loew's, J. J. (Continued on page 10) MOTION PICTURE DAILY Thursday, October 6, 1938 Trade Changes Are Promised To Exhibitors (Continued from page 1) to hear and adjust a wide variety of exhibitor-distributor complaints ; that it will also include abandonment of the score charge and an unqualified cancellation privilege running: as high as 20 per cent for the bulk of the na- tion's exhibitors and probably being keyed to an average scale of film ren- tals. While it could not be definitely ascertained whether or not the dis- tributors' committee will be authorized to speak for all eight major com- panies, it is generally believed that such will be the case. Warners, which declined to participate in the M. P. T. O A program of two years ago on advice of company counsel, may decide to act individually, rather than through the committee, although no official in- formation on this was available yester- day. The opinion was general, how- ever, that once the companies repre- sented by the committee have taken action, others will be virtually obliged to follow for business reasons. It appeared evident that the nego- tiating committee's action is being taken without any clear advance pro- nouncement from the Department of Justice on its attitude toward the move. However, it is believed likely that once the program has been put into effect, a detailed report of its con- tents and aims will be filed with de- partment officials. Other Groups to Attend Meet The preliminary exhibitors' meeting here is expected to include members of the executive committee of M. P. T. O. A., and representative members of other organizations. Officials of all exhibitor units will be admitted to the session, such as Allied States and I. T. O. A. officers and those of re- gional organizations. Nicholas M. Schenck of Loew's and Leo Spitz of RKO are alternate chair- men of the distributors' committee. Ned E. Depinet of RKO and A. Montague of Columbia are members, in addition to Mr. Kent and Mr. Rodgers. The self-regulatory program is the first of its kind to materialize in the exhibition and distribution trade prac- tice field, although exhibitors have agi- tated for adjustments for more than 10 years. In June, 1936, the M. P. T. O. A. evolved its 10-point program of self-regulation and succeeded after many months of negotiation in having it partially accepted by seven major companies, only to have it collapse later through what was attributed to be legal opposition. Gable for British Film London, Oct. 5. — Gabriel Pascal stated here today that Clark Gable will have a prominent role in "The Devil's Disciple," which will go into production at the Pinewood Studios early next year. Remodel Waldorf Theatre Irvin Shapiro, general manager of World Pictures, Myron Robinson and A. S. Mossbach have taken over the Waldorf Theatre and are remodel- ing it. Definite Assurance99- (Continued from page 1) in bringing them about. Now our dreams are coming true and we will get results. "Naturally the discussions will be around our 20 per cent cancellation demands, conciliation boards, abolition of score charges and designated playdates. There will of course be other problems to work out. "Meetings will be within the month of October. As soon as definite dates are set representatives of M.P.T.O.A. units will be in New York for the discussions and again we invite representatives of any other units to sit in with us. "May I repeat — industry problems can be worked out within the industry if interested parties are sincere in their efforts and of course the results of these meetings will decide to a great extent the action of the M.P.T.O.A. convention at Oklahoma City, Oct. 30 to Nov. 2, inclusive." 4 Purely Personal ► S. A. Lynch, who arrived in New York from an extended European visit this week, will remain here till the middle of the month before leaving for Miami. • Y. Frank Freeman, Paramount theatre head, will be back in New York tomorrow from Chicago. Mary Pickford is expected in New York today from Columbus, O. Dr. A. H. Giannini plans to leave for the coast tomorrow. Lou Irwin left for the coast via TWA last night. Stockholders File Loew Delaware Suit Wilmington, Oct. 5. — Three Loew's, Inc., stockholders filed a bill in Chancery Court here today charging excessive compensation, including fixed and percentage payments and stock options are provided for under con- tracts by Loew's, Inc., with various executives and others to the detriment of stockholders. Many Hollywood notables are named in the bill which lists other as- serted irregularities. Among the de- fendants are Norma Shearer, Louis B. Mayer, Nicholas M. Schenck, Arthur M. Loew, David Bernstein, J. Robert Rubin, George N. Armsby, Isadore Frey, Leopold Friedman, Charles C. Moskowitz, John R. Hazel, Al Licht- man, William A. Parker, William A. Phillips, Bernard H. Hyman, Sam Katz, Edgar J. Mannix, Harry Rapf, Benjamin Thau, L. A. Weingarten, Mervyn Leroy, Hunt Stromberg, and Loew's. Edgar F. Stiner, Hana W. Gold- stein and Louis Susman are the com- plaining stockholders. Chancellor Josiah O. Wolcott named Albert L. Massey as sequestrator to sequester 1,000 shares of stock each of Mr. Mayer and Mr. Schenck and 500 shares of Arthur M. Loew and the Irv- ing Thalberg estate executors to in- sure their appearance in the suit. Defendants are to appear Nov. 12. Carroll's Hollywood Restaurant Started Hollywood, Oct. 5. — Construction of Earl Carroll's theatre-restaurant, opposite the new CBS and the new NBC headquarters on Sunset Blvd., has been started, with the opening date set for Christmas night. On the board of governors are Dar- ryl F. Zanuck, Norman Chandler, Harry Cohn, Reese H. Taylor, Walter Wanger, Harold Lloyd, Walt Disney, George McManus, William Goetz, Earle C. Anthony and Cecil B. DeMille. i MGM Signs Harman, Ising for Cartoons Hollywood, Oct. 5. — M-G-M today signed Hugh Harman and Rudolph Ising, as individual cartoon producers, to seven-year contracts calling for each to produce nine one-reel cartoons annually, in Technicolor. The 18 pro- ductions are to be in addition to an indefinite number to be made under the supervision of Milt Gross. The deal was signed by Fred Quimby, in charge of shorts for M-G-M, under whom both Mr. Har- man and Air. Ising will work. The pair head the company bearing their names and formerly released cartoons through M-G-M. It is now under- going reorganization under the Bank- ruptcy Act. The new deal in no way affects the status of the Harman- Ising firm. Ten Points in MPTO Plan Up Since '36 The M. P. T. O. A.'s 10-point trade practice program, originally propo^r,-! to distributors in June, 1936, inclqf everything likely to be covered in ttie new plan for self-regulaton of trade practices which will be completed this month through national exhibitor meetings with the distributors' nego- tiating committee headed by Sidney R. Kent. The basic points in the M. P. T. O. program are (1) an unrestricted 20 per cent cancellation right; (2) es- tablishment of local conciliation boards for the adjustment of exhibitor-dis- tributor complaints; (3) elimination of the score charge ; (4) a ban on forcing the sale of shorts with fea- tures; (5) elimination of designated play dates ; (6) a prohibition on over- buying of product ; ( 7 ) a correction of "unfair" clearance and zoning sched- ules ; (8) adoption of a short form of exhibition licensing agreement ; (9) a curb on cut-rate competition be- tween theatres, and (10) a curb on non-theatrical competition. The major phases of the program, and those which, it is believed, any acceptable industry plan will embrace, are the cancellation, score charge and conciliation board issues. The local boards are regarded as the answer to the other seven points. Sarnoff, Phillips File in Trust Case David Sarnoff, RCA president, and member of the RKO board of direc- tors, and William P. Phillips, vice- president and treasurer of United Art- ists Theatre Circuit, filed appearances in U. S. District Court here yester- day in the Government anti-trust suit against the organized industry, indicat- ing that service on the two has only now been completed. Mr. Sarnoff will be represented in the case by Donovan, Leisure, New- ton & Lombard, RKO counsel, and Mr. Phillips by Dwight, Harris, Koegel and Kaskey, 20th Century- Fox counsel. "Tralee" to Open House The new Irish Theatre at 47th St. and Sixth Ave. will open Oct. 21 with "The Rose of Tralee." Will Preview "Rapture" Universal will have a special pre- view of "Dark Rapture," the African film produced by Armand Denis and his wife, Leila Roosevelt Denis, at the Chanin Theatre, Friday night. Col. and Mrs. Theodore Roosevelt, society people and newspaper writers have been invited. MOTION PICTURE DAILY (Registered U. S. Patent Office) MARTIN QUIGLEY. Editor-in-Chief and Pub- lisher; J. M. JERAULD. Managing Editor; JAMES A. CRON, Advertising Manager. EDI- TORIAL 8TAFF: Charles 8. Aaronson. Jack Ban- ner, Al Finestone, Sherwln A. Kane, Joseph Prlore. Published dally except Saturday, Sunday and holidays by Qulgley Publishing Company, Inc., Martin Qulgley. president; Colvln Brown, fice- presldent and treasurer. Publication office: 1270 Sixth Avenue at Rocke- feller Center, New York. Telephone: Circle T-3100. Cable address: "Quigpubco, New York." All contents copyrighted 1938 by Qulgley Publishing Company, Inc. Address all correspondence to the New York office. Other Qulgley publications : MOTION PICTURE HERALD, BETTER THE- ATRES. TEATRO AL DIA. INTERNATIONAL MOTION PICTURE ALMANAC and FAME HOLLYWOOD: Postal Union Llfa Building, Vine and Yucca Sts. ; Boone Mancall. manager; William R. Weaver, editor. WASHINGTON: Albee Building. Bertram F. Llnz, representative. CHICAGO: 624 S. Michigan Ave., C. B. O'Neill, manager. AMSTERDAM: 87 Waalstraat: Philip de Schaap. representative. BERLIN: Bteuler- strasse 2. Berlin W. 35; Joachim K. Rutenberg. representative. BUDAPEST: Szamos-Utea T. Budapest I; Endre Hevesi, representative. BUENOS AIRES: Avallaneda 3949; N. Bruskl, representa- tive. COPENHAGEN: Rosengaarden 14; Kris Wlnther, representative. HELSINKI: Fredrlks- gatan 19C; Charlotte Laszio. representative. LONDON: 4 Golden Square, W. 1: cable address. Quigpubco, London; Hope Williams, manager. MELBOURNE: Regent Theatre Buildings 191 Collins St.; Cliff Holt, representative. MEXICO CITY: Apartado 269, James Lockhart. representa- tive. MONTEVIDEO: P. O. Box 664; Paul Bodo. representative. MOSCOW: PetrovsM Per 8: Beatrice Stern, representative. PARIS: 21, Rue de Berri; Pierre Autre, representative. PRAGUE: Uhelny trh 2, Prague 1; Harry Knopf, representa- tive. RIO DE JANEIRO: Calxa Postal 8558: L. S. Marinho, representative. ROME: 54 Via Delia Mercede: Joseph D. Ravotto. representative. SANTIAGO de CHILE: Casilla 13300: A. Weiss - mann, representative. SHANGHAI: Rooms 88-41 Capital Theatre Building. 142 Museum Road; J. P. Koehler. representative. STOCKHOLM: Kungs- gatan 36 ; Ragnar Allberg, representative. TOKYO : S80 Sasazuka. Ichlkawa-shl, Chlba-Ken: H. Toml- naga. representative. Entered as second class matter Sept. 23, 1888. at the post office at New York, N. Y.. under the act of March S. 1879. Subscription rates per year $8 In the America* and foreign 812. Single copies 10 emits. 570 pages of new hit-show history are written here! First, a best-seller record-setter. Now, as great a love drama as the screen has yet offered . . . That's the way WARNER BROS, filmed it! Think what it will mean when you Tell the Biggest Ready Reader -Audience Since Adverse' and 'Robin Hood' that WARNERS tell them first with the broadest magazine advertising drive of this year! Follow it up-no attraction ever was worth more! ERROL Yiyn and BETTE Davt Are Together In That Story Sensation Indelibly Implanted In The Memory Of The World ■Hi w.th ANITA LOUISE • IAN HUNTER • DONALD CRISP BEULAH BONDI • JANE BRYAN • ALAN HALE • DICK FORAN HENRY TRAVERS • PATRIC KNOWLES An ANATOLE LITVAK PRODUCTION From the Novel by MYRON BRINIG • Screen Play by Milton Krims • Music by Max Steiner MOTION PICTURE DAILY Out Hollywood Way 6 "Drums" Sets Frisco Pace With $12,000 San Francisco, Oct. 5— "Drums" set the pace with $12,000 for the open- ing week at the United Artists. This was $5,000 over par, and the film was set for a run. "To Hot to Handle" pulled $14,500 at the Warfield and "I Am the Law," with "Freshman Year," drew $7,400 in the third week at the Orpheum. Estimated takings for the week end- ing Sept. 27-28-29-30 : "Affairs of Annabel" (RICO) GOLDEN GATE— (2,850) (35c-40c-55c) 7 days. Stage: vaudeville. Gross: $13,506. (Average, $16,000) "Drums" (U. A.) UNITED ARTISTS— (1,200) (15c-35c-40c- 55c-75c) 7 days. Gross: $12,000. (Average, $7,000) "Three Loves Has Nancy" (M-G-M) "Secrets of An Actress" (W. B.) PARAMOUNT — (2,740) (15c-35c-40c-55c- 75c) 7 days, 2nd week. Gross: $10,500. (Av- erage, $13,000) "Valley of the Giants" (W. B.) "Meet the Girls" (20th-Fox) FOX— (5,000) (15c-35c-40c-55c-75c) 7 days. Gross: $15,000. (Average, $17,000) "I Am the Law" (Col.) "Freshman Year" (Univ.) ORPHEUM— (2,440) (15c-35c-40c-55c) 7 days, 3rd week. Gross: $7,400. (Average, $8,500) "Four Daughters" (W. B.) "The Higgins Family" (Republic) ST. FRANCIS— (1,400) (15c-35c-40c-55c- 75c) 7 days, 2nd week (moved over from Fox). Gross: $6,700. (Average, $7,000) "Too Hot to Handle" (M-G-M) WARFIELD — (2,680) (15c-3Sc-40c-55c-75c) 7 days. Gross: $14,500. (Average, $13,000) "Life and Loves of Beethoven" (World) CLAY— (400) (15c-35c-40c) 7 days. Gross: $900. (Average, $1,300) Wisconsin Musicians Want Film Music Cut Milwaukee, Oct. 5. — The Wiscon- sin Musicians' Association at its semi- annual convention here voted approval of the national campaign to restore orchestras in theatres by eliminating incidental music from films and adopted a new form of standard con- tract which exempts orchestra leaders from obligations of employers, except conductors of name bands, who engage their musicians on an annual basis. All officers of the group, which met at the headquarters of the Milwaukee Musicians' Association, w«re re-elected as follows : V olmer Dahlstrand, Mil- waukee, president ; Walter Smith, Oshkosh, vice-president ; E. J. Sartell, Janesville, secretary, and A. F. Van- denberg, Green Bay, treasurer. Speakers included Senator F. Ryan Duffy, Fond du Lac, who attacked the fee practices of Ascap ; F. W. Birn- bach, Newark, N. J., international sec- retary, and William Hooper, New York, investigator for the AFM in the midwest. Ohio Cuts 21 in Sept. Cincinnati, Oct. 5.— The Ohio division of film censorship reviewed a total of 506 reels from which 21 elim- inations were ordered during Septem- ber. This compares with 546 reels and 55 eliminations in August. During September, 1937, there were 687 reels with 37 eliminations. Hollywood, Oct. 5. — Monogram will star John Carroll, contract player, in two pictures, "Under North- ern Lights," adaptation of the Jack London story, and "Star Reporter," by Al Block . . . Ronald Colman may get the lead role in Warners' "Dodge City." Warners has renewed interest in the story, "Concentration Camp," an- nounced some time ago, and has Vin- cent Sherman working on the script . . . 20th Century-Fox's "Jones Fam- ily" series will have a new character — a "grandchild" born to the cinema husband-wife players, Russell Glea- son and Shirley Dean, for story purposes . . . Joe McDonough, vet- eran assistant director, gets his first chance at direction with Universale "Sky Police," to be produced by Burt Kelly. Rosemary Lane will play opposite James Cagney in "Oklahoma Kid" at Warners. Humphrey Bogart will be the "heavy" . . . M-G-M has purchased "The Love Machine," original story by Nard Jones . . . George Brent will play opposite Bette Davis in Warners' "Dark Victory," based on the stage play. Warners are rushing cutting of "Dawn Patrol" to have it ready for release Armistice Day . . . Walter Lantz has signed Bert Gillet to direct a unit of cartoons . . . Melvyn Douglas and Virginia Bruce, both borrowed from M-G-M, will co-star in Columbia's "There's That Woman Again" . . . Jean Arthur and Cary Grant will be teamed by the same studio in "Our Wife." Frank Morgan has been set for the role of the Wizard in "Wizard of Oz," at M-G-M. . . . Maureen O'Sul- livan will have the leading feminine role in M-G-M's "Spring Dance," which S. Sylvan Simon will direct . . . Lloyd Nolan will appear opposite Gladys Swarthout in Paramount's "Ambush" . . . Leigh Jason will di- rect "Born to Fly," RKO's picturiza- tion of Douglas Corrigan's life, in- stead of Rowland Brown, as origi- nally announced ... P. J. Wolfson's first producer assignment at RKO will be "The Pure in Mind," which he will also direct. David O. Selznick says he, George Cukor and Sidney Howard will leave Oct. 15 for a secret destination to spend six weeks putting the final touches on the "Gone With The Wind" script. + Casting — Sidney Blackmer in "Trade Winds," Wanger . . . John Qualen in "Stand Up and Fight," and Erik Rhodes in "Dramatic School," both M-G-M . . . Charles Bickford in "Union Pacific," Anthony Quinn in "King of Chinatown," both Para- mount . . . Broderick Crawford has returned to Hollywood from the stage play "Of Mice and Men" to play in Paramount's "Ambush." + Contracts — M-G-M has given new contracts to Lynne Carver, actress ; Donald Ogden Stewart, Stanley Rauh, Sam Moore, Walter Reisch and Elaine Ryan, writers, and Mar- garet Booth, film editor. + Titles — "Murder Plane," first of Warners' Secret Service stories, has been re-titled "Secret Service in the Air" . . . The second of the Nancy Drew pictures will be called "Nancy Drew Steps Out." Thursday, October 6, 1938 "Antoinette" Philadelphia Hit, $18,000 Philadelphia, Oct. 5. — "Marie An- toinette" pulled a strong $18,000 at^he Boyd and was held a second vm p The second week of "Boys Town" con- tinued to be big at the Aldine with a $12,500. Estimated takings for the week end- ing Sept. 30 : "Boys Town" (M-G-M) ALDINE— (1,300) (40c-55c-65c-75c) 7 days, 2nd week. Gross: $12,500. (Average, $8,160) "Algiers" (U.A.) (2nd run) ARCADIA — (600) (25c-40c-55c) 7 days, 2nd week. Gross: $2,200. (Average, $2,800) "Marie Antoinette" (M-G-M) BOYD — (2,400) (40c-55c-65c) 7 days. Gross: $18,000. (Average, $14,000) "Secrets of an Actress" (F.N.) EARLE — (2,000) (25c-40c-55c) 6 days. Stage: Buddy Rogers, Mary Brian. Gross: $17,000. (Average, $14,000) "Straight, Place and Show" (20th-Fox) FOX — (3,000) (40c-55c-65c-75c) 7 days. Stage, 6 days; American Ice Carnival. Gross: $15,000. (Average, $14,000) "Four Daughters" (W.B.) KARLTON— (1,000) (25c-40c-55c) 7 days. Gross: $4,500. (Average, $4,000) "My Lucky Star" (20th-Fox) (3rd run) KEITH'S— (2,000) (25c-40c-55c) 7 days. Gross: $2,400. (Average, $4,000) "Sing You Sinners" (Para.) STANLEY— (3,700) (40c-55c-65c) 7 days. Gross: $13,000. (Average, $14,000) "Tenth Avenue Kid" (Republic) STANTON— (1,700) (25c-40c-55c) 7 days. Gross: $3,500. (Average, $7,000) "Sailor" and Heidt $18,800OmahaWow Omaha, Oct. 5. — "Give Me a Sai- lor," with Horace Heidt and his band on the stage, pulled a smash $18,800 in seven days at the Orpheum to beat the weekly average by $11,600. "Four Daughters" and "I'm From the City" suffered from the competi- tion in a second week at the Bran- deis, grossing $4,600 in seven days. "Boys Town" broke even in its third week at the Omaha, grossing $32,300 during the three weeks, exactly double average for the period. Estimated takings for the week end- ing Sept. 27-28-29 : "Boys Town" (M-G-M) OMAHA— (2,200) (25c-40c) 7 days, 3rd week. Gross: $5,800. (Average, $5,500) "Four Daughters" (F.N.) "I'm From the City" (RKO) BRANDEIS— (1,200) (25c-35c-40c) 7 days, 2nd week. Gross: $4,600. (Average, $4,000) "Give Me a Sailor" (Para.) - -- ORPHEUM— (3,000) . (25c-35c-55c) 7. days. Stage: Horace Heidt and his" Brigadiers. Gross: $18,800. (Average, $7,200) War Scare Idea Detroit, Oct. 5. — While war news was generally wrecking film receipts, David Idzal, manager of the Fox here, found a way to tie up with the news with profit. He put on a revival showing of the 20th Century-Fox hit, "Cav- alcade." The picture, tracing the history of Britain in Euro- pean affairs, took hold in a large way, aided by a well arranged advance plugging, and is showing a neat profit at the Fox. Hollywood Preview "Vacation from Love" (M-G-M) Hollywood, Oct. 5. — Romance, given farce comedy treatment, is the entertainment substance of "Vacation From Love." Dennis O'Keefe and Florence Rice create an interesting pair of characters in the lead roles. Reginald Owen's oral and action antics are the source of many laughs. As a romantic rival for the bride's affections, Truman Bradley makes a good sparring partner for O'Keefe. June Knight, Edward S. Brophy, Tom Rutherfurd, Andrew Tomes, Herman Bing, George Zucco and Paul Porcasi contribute bits which enliven the proceedings. The original screenplay by Patterson McNutt and Harlan Ware is an hilarious mixture of glib dialogue, amusing situations and charac- terizations. George Fitzmaurice's direction keeps things moving at a speedy pace with his handling of the anticlimatic sequence, a divorce that failed episode, rating high as an exploitation feature. Busting up her wedding to Rutherfurd, because he objects to the bridegroom's qualifications as a husband, O'Keefe eventually marries Miss Rice, much to Owen's anger and chagrin. Their married life motto is "love, honor, obey and have fun." All goes nicely until the bride begins to suspect that O'Keefe, rather than paying attention to business, is doing a little philandering. As women do, she convinces herself that her fears are real. O'Keefe, chucking up business and mar- riage, embarks for Europe and some weeks later meets Miss Rice in Paris. She wants. a divorce and charges everything in the book. O'Ketfe determines to give her reason for all her accusations. But in so doing the pair fall in love again. A French divorce court is turned into bed- lam as the pair determine to love honor and obey all over again with periodic vacations from each other annually in which to have fun. Light, frothy and breezy, "Vacation From Love" is constructed to amuse those in a mood for having fun. Running time, 65 minutes. "G." G. McC. ■■to*. MOANIN' MOUNTAIN! MUSIC -EARTHY HUMORS THESE EXHIBITORS RECORD jfflt mm mm mm g UKLN ! Plan now for extra playing time! It's duplicating every- where that smash 3 -week Radio City Music Hall record ! LOS ANGELES Broke all-time Saturday and Sunday records for day-and-date in RKO- Hillstreet and Pantages! Naturally, HELD OVER! ★ HOUSTON Business at Majestic Theatre better even than "Horizon", "Deeds", "It Happened One Night" or "The Awful Truth"! SPRINGFIELD, ILL * £™IAIip * Hinnodrome 101ns the All existing box-office and attendance records Senate Theatre smashed! Assured EXTENDED RUN! SEATTLE Looks like big 10 to 15 weeks at the crowd- jammed Liberty Theatre! PITTSBURGH Business terrific! EXTENDED RUN sure at the Harris Alvin Theatre! BRIDGEPORT Smash grosses at Palace mean EX- TENDED RUN, of course! Hippodrome joins the HOLDOVER ranks with phenomenal business! ★ WASHINGTON Day-and-date at Earle and Ambassador tremendous! BIG HOLDOVER! ★ OMAHA Far above "Lost Horizon" at the Brandeis . . . another HOLDOVER! ★ BUFFALO Audience reaction at Lafayette unpar- alleled in history this city! HOLDOVER! WILL TELL YOU! . ■ mm J^m* Wmm HHB BH m I Whether your town's big or small, you can count on real HOLDOVER business, and audiences going wild over it! ★ CINCINNATI Beating Horizon business all hollow! A HOLDOVER at the Shuberft . . . ! * NEW HAVEN Palace Theatre business socko! Sure EXTENDED RUN! * MEMPHIS HELD OVER at the Malco! Box-office receipts zooming for new records! ★ ERIE HOLDOVER at Colonial Theatre follow- ing big grosses, enthusiasm! * BALTIMORE Sensational box-office success at the Hippodrome means HOLDOVER! * HITTING BOX-OFFICE HIGHS: ★ ALBANY — Palace; * UTICA — Olympic; * MIAMI - Lincoln; ★ NASHVILLE — Vendome; * PORTLAND, Me — Strand; * NIAGARA FALLS— Cataract, * ROCHESTER — Rochester; ★ SYRACUSE— State, * HUNTINGTON— Palace , 9^ ★ AKRON— Palace; ★ CANTON— Palace; * TOLEDO — Rivoli; *YOUNGSTOWN— Palace; ★ FT. WAYNE— Emboyd; ★ TERRE HAUTE— Orpheum; * LITTLE ROCK— Pulaski; * KANSAS CITY, Mo. — Midland; *LA CROSSE, Wis.— Rivoli; *MERIDEN— Palace, * STAMFORD— Palace, ★ JOHNSTOWN — Embassy, * CLARKSBURG — Robinson Grand, * NEW CASTLE — Regent, ★ BOISE — Rialto, ★ ROANOKE— Grandin, *PT. JERVIS— Strand; ★MORRIS- TOWN, N. J.— Community; * ASBURY PARK— Mayfair, ★ PERTH AMBOY— Majestic; * KINGSTON— Broadway; ★ NEWBURGH — Broadway ; * POUGHKEEPSIE — Juliet and Bardavon, * MIDDLETOWN, N. Y. — Paramount, ★ ST. GEORGE, S. I— St. George. mm ARTHUR • B ARRYMORE * STEWART* ARNOLD MISCHA AUER- ANN MILLER* Spring Byington • Samuel Donald Meek • H. B. Warner • Based on the Pulitzer Prize Play by George S. Kaufman and Moss Hart Screen play by Robert liskin * Directed by FRANK CAPRA ^ S.Hinds 10 MOTION PICTURE DAILY Thursday, October 6, 1938 Admission Tax For Year Tops $20,800,000 (Continued from page 1) or reduced rate admissions, from $560,- 444.74 to ^575,954.55 ; on leases of boxes or seats, from $51,393.20 to $55,196.82; on admissions at more than the established price, from $35,514.01 to $42,954.10, and on tickets sold by brokers, from $170,047.82 to _ $186,- 618.84. Receipts from admissions to roof gardens and cabarets, however, dropped from $1,555,352.82 to $1,516,- 748.09. Tax collections on box-office admis- sions, by states, as compared with the fiscal year 1937, showed some surpris- ing changes, as in the cases of Dela- ware, where they jumped from $5,- 246.56 to $42,975.30 ; New Hampshire, where the increase was from $29,- 778.96 to $59,209.24; Rhode Island, which showed an increase from $71,- 146.83 to $137,316.19, and Utah, where a jump from $23,554 to $41,- 322.04 was shown. More than one-third of the box- office admission revenues, of course, were collected in New York, where $6,933,909.25 was contributed as com- pared with $6,884,565.10 in 1937 ; Cali- fornia being second with a $500,000 jump from $1,548,935.21 to $2,042,- 397.22, and Illinois third, with $1,629,- 549.12 against $1,399,274.90 the preced- ing year. The only other state to top $1,000,000 was Massachusetts, where the take dropped to $1,058,915.55 from $1,102,043.72 in 1937. All told, 25 of the states and terri- tories showed increased returns of box-office admission taxes, while 26 showed decreases. Box-office admissions by states, as compared with 1937, were as follows : 1938 1937 Alabama $52,918 $57,054 Alaska 21,764 19,657 Arizona 20,780 19,458 Arkansas 44,922 36,228 Cal 2,042,397 1,548,935 Col 113,007 99,541 Conn 187,174 180,432 Delaware 42,975 5,246 Dist. of Col 260,103 272,787 Florida 258,768 254,487 Georgia 71,486 77,236 Hawaii 59,351 54,968 Idaho 15,817 17,105 Illinois 1,629,549 1,399,274 Indiana 294,370 301,733 Iowa 66,618 69,268 Kansas 49,844 39,181 Kentucky 59,497 62,969 Louisiana 98,983 92,467 Maine 32,651 33,590 Maryland 303,894 296,496 Mass 1,058,915 1,102,043 Michigan 612,927 547,504 Minnesota 185,465 145,581 Miss 7,822 10,854 Missouri 345,145 357,003 Montana 18,206 20,618 Nebraska 48,173 61,696 Nevada 8,312 10,406 N. Hampshire 59,209 29,778 New Jersey 492,558 462,576 New Mexico 13,741 13,826 New York 6,933,909 6,884,565 No. Carolina 69,466 77,829 No. Dakota 3,056 2,502 Ohio 546,944 444,177 Okla 88,160 82,780 Oregon 90,180 70,594 Penn 900.874 959,044 Rhode Island 137,316 71,146 So. Carolina 26,097 31,409 So. Dakota 8,560 9,095 Tennessee 87,816 75,225 Texas 481,289 491,167 Utah 41,322 23,554 Vermont 6,806 7,987 Virginia 115,402 112.024 Washington 153,196 157,723 W. Virginia 22,823 20,663 Wisconsin 130,986 134,904 Wyoming 10,741 11,029 Tablet Honors Edison and History Gets Another Jolt (Continued to the satisfaction of almost everybody that Mr. Armat is responsible for the projector on which exhibition was founded. However, someone at the campaign committee headquarters decided that "there may be some question as to who actually invented the Vitascope." And since the tablet dedication was one of the stunts for the industry's promotion drive, and because there is more show- manship in the name Edison, whom everybody knows, than there is in Armat, and newspaper clippings seem vital at the moment, the sponsoring committee resolved to let it go at that. And that's how Mr. Armat became the forgotten man. History records that earliest respon- sibility for beclouding Mr. Armat's recognition can be traced to Raff & Gammon, who were the exclusive agents for the Edison Kinetoscope, a peepshow projector, and controlled the supply of Edison films. A sales brochure issued by the agents some 40 years ago credits Mr. Armat, referred to as "a rising young inventor," with having developed a device on which Mr Edison's later improvements were made. The adoption of the name "Edison Vitascope" was at the urgent insistence of Raff & Gammon. In 1915, when the Motion Picture Patents Co. was ordered dissolved, the "rising young inventor" had shared in ♦he nroceeds to the extent of $350,000. In comment on an article by C. M. Withington in the Journal of the Society of Motion Picture Engineers, from page 1) Mr. Armat wrote Mr. Ramsaye early this year as follows : "It would have been decidedly in- correct to have said that the Vitascope resulted from Mr. Edison's own laboratory experiments. But it is not at all surprising that Mr. Withington thought so, if he got his ideas, as he doubtless did, from the Edison papers and records of the patent war era, as there was a great deal of propaganda during that period . . . intended to minimize everything everyone except Edison had done. This, of course, was for commercial reasons, and was quite in accord with big business ethics of the day, but I have no idea that Mr. Edison himself had anything to do with it. In fact, I believe he knew very little about it." Mr. Armat then quoted from a per- sonal letter Mr. Edison had written him in 1922, in which he said : "You will probably have noticed that in interviews given by me I have stated that I had a projecting machine, but that when you came on the scene I saw that you had a very much better one than mine, and that I dropped my experiments and built yours." An interesting sidelight of the era is that Percy L. Waters, who later was to become a power in the Motion Pic- ture Patents Co., General Film and Triangle Film, was employed by Raff & Gammon in the 90's and, he says, helped man the Vitascope projector which gave the motion picture com- mercial life at Koster & Bial's on that April night in 1896. G.N. to Open Three New Exchanges Soon (.Continued from page 1) Cleveland branch manager, succeeding Peter Rosian, who has been made New York branch manager. Prints on the company's first four releases are in the exchanges and three additional pictures have been com- pleted, Mr. Alperson reported. The organization will be functioning na- tionally immediately following the sec- ond sales meeting which will open at the St. Moritz here Saturday and con- tinuing through Sunday. Saul Berko- witz, vice-president of Fine Arts Pic- tures, arrived with Mr. Alperson to attend the meeting and Earle W. Hammons, president, and Jack Skir- ball, vice-president, also will attend. Mr. Hammons plans to sail for London on the Nonnandie next Wed- nesday to close a deal there for the company's British representation. Seek Clubs' Cooperation Albany, Oct. 5. — The publicity committee for Motion Pictures' Great- est Year is contacting every luncheon club, civic organization and service outfit. Members of the clubs will be urged to enter the contest in a group, prizes, if any, to be donated to a worthy project sponsored by that par- ticular organization. Several clubs, sounded out tentatively, have agreed to function as a unit. Promised assistance in the line of trolley car and bus placards was forth- coming this week, with air publicity scheduled to be renewed in a series of brief talks on the purposes of the drive. Pinanski Reelected By Allied of Mass. (Continued from page 1) Mullin and Edward A. Cuddy of M. & P, B. E. Hoffman and Max Mellin- coff of Warners, J. J. Ford of Maine & New Hampshire Theatres, Al Som- erby of G. E. Lothrop Theatres Co., James H. Doyle of the Broadway, South Boston, John S. Giles of George A. Giles Theatres Co. and Walter Brown of the Boston Garden Corp. The advisory committee includes Abner Eilenberg, Frank C. Lydon, Philip Bloomberg, Nathan Goldstein and George A. Ramsdell. Eighth Drive Short Goes Out Next Week The eighth of a series of trailers on Motion Pictures' Greatest Year and the "Movie Quiz" prize contest is to be shipped to exchanges next week, campaign headquarters reported yes- terday. The new trailer is now in production at National Screen Service and fea- tures Lew Lehr. It will be seasonable in presenting a football angle, accord- ing to the producers. Suderov Forms Company Max Suderov has formed the Kam- co Amusement Corp. to operate the Kameo, Bronx, and the Jackson Amusement Corp. to operate the Jack- son, also in the Bronx. The Rosyl Amusement Corp., Louis Morinberg, president, and Jack Field, secretary, is the new owner of the Cameo, Jer- sey City. Actors' Guild Agrees To Control Members (Continued from page 1) pals of the cast through his tardiness, it will be up to the guild to investigate, and if it is the player's fault, the guild must pay overtime to the cast, exclud- ing extras. The guild then, through machinery yet to be set up, will dis- cipline the member. This clause was embodied in the new contract which sets a 48-htf"s week for players, and which provi".: for a scale of overtime pay from time and a half to double time, if work on any one day exceeds eight hours. The standing committee set up in the pact to arbitrate grievances will be in charge of investigation of the situations which arise through a play- er's lateness, according to Ken Thom- son, secretary of the guild. The money which the studio ordinarily would have paid to members of the cast will be turned over by the producer to the guild, to be held until a decision is made. London Injunction Sought on "Drums" London, Oct. 5. — Sam Smith of Anglo Canadian Distributors today ap- plied for an injunction to restrain London Films from exhibiting and distributing "Drums" in Canada. The action was postponed for hearing Oct. 14. In the meantime London Films will not supply prints to United Art- ists. Mr. Smith alleges Anglo Canadian had an arrangement with London Films whereby it was granted exclu- sive license to handle its films in Can- ada for seven years. London had passed "Drums" over to U. A., and it was advertised to be shown the week of Sept. 26. Charles Russell, attorney for London, pleaded that U. A. had no authority to distribute in Canada. Heads G. B. Exchange Cleveland, Oct. 5. — George H. Rosenbaum has come here from Buf- falo to become branch manager of the G. B. exchange. Wall Street Fractional Gains Dominate Board Net Open High Low Close Change Col 1454 WA 1454 W/t + 2/s Cons 154 154 154 154 Cons. pfd.. 854 854 8 854+54 E. K 17854 18054 17854 180 +154 E. K. pfd.. 166 16654 166 166 G. T. E.... 1554 1554 1554 15*4 + 54 Loew 5244 5354 5254 53 +154 Para 1VA UVs 1154 + 54 Para. 1 9254 9254 92 92 +3 Para. 2 11 1154 11 1154 + 54 Fathe 954 9% 954 954 +54 RKO 254 244 254 254 + 54 20th Fox . . 26% 2754 2654 27 + 54 20th pfd. . . 3554 3554 3554 3554 — 54 W. B 654 m 654 (PA + 54 Technicolor Curb Rise Continues Net Open High Low Close Change G. N 7/16 7/16 7/16 7/16 Monogram 2 2 2 2 Sonotone .. 154 154 154 154 + 54 Tech 2254 2354 2254 2354 +154 Trans-Lux . VA VA 154 M — Yn Univ. Corp. 354 354 354 3 54 + 54 Univ. Pitc. 44 44 44 44 +1 Bond Issues Close Uneven Net High Low Close Change Keith 6s '46 91 91 91 Loew 354s '46 102 101^4 10154 — % Para. Pict. 6s '55 93% 93A 93% +1% Para. Pict. '47.... 80 7954 80 +2 W. B. 6s '39. ... 80 7954 7954 — 54 (Quotations at close of Oct. 5) MOTION PICTURE DAI LY radio Thursday, October 6, 1938 F.C.C. Orders New Hearings By Examiners Washington, Oct. 5. — The Fed- f;al Communications Commission has ^fcered examiners' hearings on a number of broadcasting applications, including requests for construction permits for new stations, as follows : John F. Nolan, Steubenville, O., to operate on 1,310 kilocycles with 100 watts, day only ; Lawrence J. Heller, Washington, to operate on 1,310 kilo- cycles with 100 watts night, 250 watts day; M. & M. Broadcasting Co., Marinette, Wis., 570 kilocycles, 250 watts, day only ; William H. Bates, Jr., Modesto, Cal., 740 kilocycles, 250 watts, day only ; Winfield A. Schuster, Worcester, 1,200 kilocycles, 100 watts ; Thomas B. McTammany, Modesto, Cal., 740 kilocycles, 250 watts, day only ; Kingston Broadcasting Corp., Kingston, N. Y., 1,500 kilocycles, 100 watts, day only ; Richland, Inc., Mans- field, O., 1,370 kilocycles, 250 watts, day only, and Edwin A. Kraft, Fair- banks, Alaska, 610 kilocycles, 1,000 watts. Other applications to be heard in- clude those of KGVO, Missoula, Mont., for increase of night power from 1,000 to 5,000 watts; KGNO, Dodge City, Kan., for increase of power from 250 to 500 watts ; WEDC, Chicago, for increase in da}' power from 100 to 250 watts, and WPG, At- lantic City, for move of station to New York, and increase in time of operation from specified hours to unlimited. The commission has received reports from examiners recommending the granting of applications of the Ashe- ville Daily News for a 1,370-kilocycle, 100-watt station at Asheville, N. C, and WMFD, Wilmington, for increase of hours from day to unlimited and increase of night power from 100 to 250 watts. An examiner's report also was received recommending dismissal with prejudice of the application of WHEF, Kosciusko, Miss., for renewal of license. Karol Goes to St. Louis John J. Karol, director of market research for CBS, will leave tonight for St. Louis where he is scheduled to deliver two addresses. The first will be tomorrow before the St. Louis Chapter of Kiwani^ on "How Many Listen and How Do We Know?" The second will be on Friday at the din- ner of the Association of Manufac- turers' Representatives on "Measuring the Radio Audience." Add 3 "Ranger" Stations "The Lone Ranger," Mutual series, will be heard over three additional sta- tions of the network starting Oct. 31 under the sponsorship of Weco Prod- ucts Co., makers of Dr. West Tooth- paste. The stations are WAAB, Bos- ton ; WEAN, Providence, and WKBW, Buffalo. Pryor on Mutual Wire Roger Pryor, who opens a limited engagement at the Roosevelt Grill to- night, will have a wire over Mutual Mondays and Thursdays from 11:30 to 12 midnight. Williams Renews on WEAF for IS Weeks The J. B. Williams Co., sponsoring Bob Howard Thursdays on WEAF, has renewed the program for 13 weeks, beginning Oct. 20. MacFadden Publishing Co. will re- turn "Betty and Bob" on NBC for one year starting Nov. 11, and regu- larly thereafter on Tuesdays from 9 to 9 :30 P. M. The program in be- half of True Story Magazine, will offer dramatizations of stories appear- ing in that magazine. Bernarr Mac- Fadden, publisher, will appear in the first broadcast. The Arthur Kudner agency handles the account. Europe Crisis Stirs Short Wave Set Sale The vast interest in short-wave re- ception engendered by the European crisis is being reflected by rapidly in- creasing sale of sets with short-wave equipment, according to Bond Geddes, vice-president of the Radio Manufac- turers' Association. Mr. Geddes estimates that there are approximately 14,000,000 receiving sets now in American homes with short- wave attachments capable of receiving European programs, and he estimates that about 2,500,000 more such sets will be purchased annually from now on. Sign Two Sports Writers Pittsburgh, Oct. 5. — The Du- quesne Brewing Co. has just signed two local sports writers, Chester Smith of the Press and Al Abrams of the Post-Gazette, for football radio shows throughout the gridiron season. Smith will be on WJAS three times weekly for 15 minutes while Abrams is to do one half-hour program, as- sisted by Howard Baum's orchestra and Joe Tucker every Friday night on WWSW. WOR Gets New Musical A new musical program on WOR will begin Oct. 12, and Wednesdays thereafter from 8 to 8 :30 P. M. under the sponsorship of V. La Rosa & Sons. Bruna Castagana will be the vocalist on the first four broadcasts, to be followed by Armand Tokatyan and Carlo Morelli. Alfredo Antonini will conduct the orchestra. Evans Joins WBZ-WBZA Boston, Oct. 5. — Bob Evans, son of the former American League umpire, has been added to the staff of WBZ- WBZA. Mr. Evans has handled sports and special events for three Years at WGAR. Previous to that, he was a sports columnist on a Cleve- land paper for two years. "Colossal Modesty" Hollywood, Oct. 5. — "Pre- sented to NBC and Don E. Gilman for colossal modesty in premiering NBC's Holly- wood Radio City without Hollywood fanfare, Kleig lights, pretty girls and vice- president's speeches," reads the plaque presented here yesterday to NBC Vice-Presi- dent Gilman by the Scotch Treat Clan of the Authors' Club. The presentation is the outcome of a decision re- cently announced by the net- work to open the new radio studios quietly and without fuss. Set Talk by Devey Over CBS-N.Y. Web New York State Republican Wom- en, Inc., will sponsor a talk by New York State Republican Gubernatorial candidate Thomas E. Dewey over eight New York state stations of the CBS network tomorrow from 2:30 to 2 :45 P. M. The stations are WABC, New York; WOKO, Albany; WIBX, Utica; WESG, Elmira; WHEC, Rochester; WFBL, Syracuse; WNBF, Binghamton, and WGR-WKBW, Buf- falo. Doelger Signs Ellington Peter Doelger Brewing Co., whose local program on WJZ starts today, h?s signed Jean Ellington as the fea- tured vocalist, and the Beal Street Boys, a quartet. Two-minute sketches, consisting of dramatizations of sugges- tions submitted by listeners, also will be presented as a regular feature of the series. The Ray McCarthy agency handles the account. Two Programs to KSFO San Francisco, Oct .5. — "I Want a Divorce" and "Night Editor," Pa- cific Coast network programs, will switch to KSFO and the Pacific Coast CBS web Oct. 16. The former show, sponsored by Sussman & Wormser Fine Foods, Inc., is an original drama series. Cardinet Candy Co. sponsors "Night Editor," which features orig- inal stories. WCCO Extends Schedule Minneapolis, Oct. 5. — WCCO has added three hours weekly to its broadcasting schedule. The station for- merly signed off at midnight. It will continue to do so on Sundays, but will remain on the air Mondays through Fridays until 12:30 A. M., Saturdays until 1 A. M. Around the Country Hollywood "Night Editor," Hal Burdick's one- man program of a newspaper office which has been on NBC's coast net since September, 1933, will switch to KNX and the CBS Pacific chain for 52 weeks, starting Oct. 16. . . . Other KNX-CBS business: North Ameri- can Accident Insurance Co., of New- ark, will sponsor for 13 weeks Knox Manning's news broadcasts on KNX. KNX and the coast network will take "I Want a Divorce," sponsored by S. & W. Fine Foods, for 52 weeks, starting Oct. 16. This is another switch from the NBC coast net. Emil Brisacher and staff of San Francisco negotiated the deal . . . "Conversa- tion," the new title for Columbia's "The Art of Conversation," a no-script discussion show, has started again on the coast network as a sustaining pro- gram. . . . Another sustaining pro- gram, "White Fires," with a more elaborate production setup, will re- turn to the air Oct. 12. Hector Chevigny is writing the dramatiza- tions of famous lives, until Jon Slott returns from a vacation. + Chicago Virginia Payne, back from a trip to Cincinnati, adds a new role to her list, that of "Nettie" in Kitty Keene, Inc. . . . Anne Seymour, after a seri- ous tussle with an infected eye, is again up and around attending to her acting duties at NBC . . . Fritz Blocki, local showman, who also does consid- erable radio work, is producing "Cap- tain Midnight," a CBS show sponsored by Skelly Oil Co. WBBM "scooped" other stations with the football broadcasts it made in transcription form at the various Big Ten schools. Hal Burnett was in charge . . . Richard Gardner is in charge of the John Blair Co.'s station promotion activities. + Oklahoma City Ben Bezoff, news editor of WKY, will serve as president of Zeta Sigma, national legal fraternity at the Okla- homa City law school. . . . Karl Koerper, vice-president of KMBC, Kansas City, was a guest speaker before the Tulsa Advertising Federa- tion. . . . Lawrence Peay, KTOK en- gineer was married to Marion Mosier of Oklahoma City. . . . KTOK is mailing out an elaborate brochure to all advertising agencies in the country detailing the efforts of the station in merchandising and promotion of the baseball broadcast. + San Francisco The CBS sales promotion manager on the coast, Bob Reichenbach, is here from KNX for six weeks to build several presentation campaigns for local salesmen . . . Bob Ackerly, formerly of KOMO-KJR, Seattle, has joined KPO's announcing staff. . . . Yan Fleming, NBC writer, has re- signed to continue writing the "I Want a Divorce" skit . . . Bennie Walker, coast cooking authority, has returned his "Tillamook Kitchen" to KPO five days a week. Gross in a New Series Walter Gross, CBS composer-pian- ist, will be featured as conductor and soloist in a new series titled "Accent on Music," with Nan Wynn co-fea- tured. This series begins Oct. 9 and will be offered Sundays from 5 to 5 :30 P. M. Al Rinker will produce the series. Thornley Joins Wasey George H. Thornley has become as- sociated with the Erwin, Wasey agency with headquarters in New York City, according to L. R. Wasey, president of the company. Miss O'Connell Shifts Patricia O'Connell, formerly with the Joseph Katz agency, and recently with the New York office of Blackett- Sample-Hummert, has joined the Compton agency as a radio copy- writer. Fisher Given Two Aides Sterling Fisher, CBS director of Talks and Education, will have as his assistant on talks Helen Sioussat, and as assistant on education, Leon Levine, according to an announcement at CBS yesterday. IS I Htm' A REALLY DIFFERENT MUSICAL COMEDY c SPARKLING- SWIFT-PACED SONG STUDDED WITH THE IRREPRESSIBLE GANG-LEADERS RALPH READER GIN A MALO AHtn?^ucTioN PP.O THE GAN6 dmcU4lyAlFR[D60ULDIN6 ' ^ rcAmK* * Introducing the screen's newest sensation. DYLWYN THOMAS ike boy soprano, singing "Mother Machree* *Danny Boy Distributed by RECORD PICTU RES CORP. 501 BROADWAY* FRED. Mc CONNELL , PRESIDENT • NEW YORK, NY. Alert. Intelligent Picture Industry OO NOT R^i MOTION PICTURE DAILY 44. NO. 69 NEW YORK, FRIDAY, OCTOBER 7, 1938 TEN CENTS U. S. May Pass Foreign Films UnderNewLaw Propaganda Act Requires Agents to Register Washington, Oct. 6. — Foreign films may come within the scrutiny of the State Department under the terms of the new propaganda law by which agents of any foreign unit will be re- quired to register. The 30-day period allowed for registration of agents ex- pired tonight and the department is preparing for administration of the act. Its terms are so broad that practically every American representative of any foreign concern will have to obtain specific information as to whether he is required to register. It was explained informally at the department that if someone in this country, acting as agent for a foreign producer, is bringing in foreign films and circulating them in the United States, he must register unless he can show that the pictures are purely edu- cational, scientific or religious in char- (Contiiuted on page 6) Hicks Takes Over Duties of Graham By AUBREY FLANAGAN London, Oct. 6. — John W. Hicks, Jr.. vice-president of Paramount in charge of foreign activities, now here, has assumed immediate charge of the affairs of Paramount and its associ- ated companies in England, following the resignation of John Cecil Gra- ham, for many years managing direc- tor of Paramount in Great Britain. Mr. Hicks has given no indication of when he will name a successor to Mr. Graham, and it is not known whether he will do so at a press con- ference he has scheduled for tomor- row. The fact that he has assumed Mr. Graham's duties has led to the belief that he may not name a suc- cessor for some time. Warners Plan 20-22 Films in England A total of 20 or 22 films will be made by Warners at its Teddington studios in England during 1938-'39, according to Jack L. Warner, vice- president in charge of production, who sailed yesterdav on the Queen Mary. This is a considerable increase over the 1937-'38 schedule of 15 pictures, made at a cost of $2,000,000. The cur- (Continued on page 3) Allied's Points A solution for the problem of "undue theatre expansion" is unique among the subjects held by Allied States Asso- ciation to be essential to the formulation of an industry plan of self-regulation. Al- lied's program, listing this and eight other trade prac- tice problems, was set forth by Abram F. Myers, chair- man of the board, before the I.T.O. of Ohio last Dec. 7. Mr. Myers has received as- surances, he said yesterday, that the distributors' nego- tiating committee of which Sidney R. Kent is chairman, stands authorized to treat with Allied's representatives Oct. 19 on all nine points. As outlined by him at the Ohio convention they were : (1) compulsory block book- ing; (2) unreasonable protec- tion; (3) undue theatre ex- pansion; (4) the "right to buy"; (5) contract revision; (6) designated playdates; (7) unfair allocations; (8) non-delivery of pictures, and (9) radio competition. Monogram's Sales Gain 43% in Year Monogram has closed new season product deals with 4,000 theatres to date, representing an average in- crease of 43^2 per cent over last year's sales record at the corresponding time, W. Ray Johnston, president, who is now in Hollywood, revealed yesterday in a report to tfie home office. The completed deals include 896 new accounts on the company's books. On the basis of the report the company is expected to reach the $6,345,000 sales quota which was set by Mr. Johnston and company sales executives last spring. As a result of the showing to date, Mr. Johnston advised the home office, (Continued on page 6) First from G. N. to Be Released Oct. 14 Grand National will release its first production on Oct. 14. The release schedule of the company which will be announced tentatively to the company's sales convention here over the week- end, calls for a feature picture each week thereafter. The initial film is titled "Shadows Over Shanghai." ALLIED TO JOIN IN TRADE TALKS IF BOARD APPROVES Will Insist, However, on Negotiations Sep- arate from MPT OA and Covering Points Raised at Ohio Meet The board of directors of Allied States Association will meet in New York Oct. 17 to consider and act on the plan for self-regulation of trade practices which has been proposed by the major distributors' negotiating committee, of which Sidney R. Kent is chairman, and if the board ap- proves, will then designate a committee to carry on separate negotia- tions with the distributors' group. Allied insists that its negotiations be conducted "separate and apart from those with any other group." This procedure was decided upon yesterday by Abram F. Myers, chair- man of the allied board, and Nathan Yamins, president, following conferences with William F. Rodgers, acting chairman of the distributors' committee. Meanwhile, Mr. Rodgers designated Oct. 19 as the date on which the dis- tributors' committee will begin sepa- rate negotiating meetings with the M.P.T.O.A. and Allied committees on the specific provisions of a trade prac- tice program. Air. Rodgers also wired invitations to the heads of the eight regional exhibitor organizations throughout the country which are not affiliated with either national exhibi- tor organization to appoint commit- tees to meet with the distributors' group on any date commencing Oct. 19 to discuss their views of what (Continued on page 3) Rodgers Asks 8 Regionals To Negotiate Eight regional exhibitor organiza- tions which are not affiliated with either of the national organizations, M. P. T. O. A. and Allied States, were invited by William F. Rodgers yesterday to send representatives to New York on or after Oct. 19 to ne- gotiate with the distributors' commit- tee of which he is acting chairman on the forthcoming plan for self-regula- tion of trade practices. The invitations were addressed to Albert A. Galston of I. T. O. of Southern California ; S. J. Hyman of West Virginia Managers Association ; Fred J. Dolle, M. P. T. O. of Ken- tucky; A. P. Archer, Theatre Own- ers and Managers of the Rocky M ountain Region ; Leo F. Wolcott, Allied Theatre Owners, Inc., Iowa ; Harry Brandt, I. T. O. A., New York; Guy E. Matthews, Allied The- atres of Oregon, and William F. Crockett, M. P. T. O. of Virginia. Following is Mr. Rodgers' commu- nication to the regional exhibitor of- ficials : "Sidney R. Kent, chairman, through the Committee on Trade Practices, ex- tends to your organization a cordial invitation to confer with our commit- tee here for the purpose of attempting to create a method whereby trade differences and disputes can be adjudi- (Continued on page 3) Building Planned Atop the Center Plans by Rockefeller Center, Inc., to erect an office building partly atop the Center Theatre at 49th St. and Sixth Ave., disclosed yesterday, set at rest rumors which have been recurring for about four years that the theatre will be razed. The structure, as planned, will be equal in height to the 31-story RKO building, but architecturally similar to the neighboring Time and Life Bldg. When it is completed, in May, 1940, the Rockefellers will have completed its midtown building development, which will comprise 14 units. Construction of the skyscraper will start next fall. It will be on the site of Sixth Ave. property, between 48th and 49th Sts., purchased by the Rocke- (Continued on page 6) MOTION PICTURE DAILY Friday, October 7, 1938 "Keep Smiling" London, Oct. 6. — In "Keep Smiling," 20th Century-Fox British comedy starring Gracie Fields, shown here to- day, the star romps in semi- sentimental fashion through a story of a concert troupe saved from disaster by the collaboration of a classical piano virtuoso. The production is charac- terized by the zealous work of Miss Fields, singing come- dy, torch and religious songs, essaying the roughest slap- stick and even registering tearful moments. Its appeal is limited to British fans of Miss Fields. Monty Banks directed. Flanagan Macgowan Testifies At Guild Hearing Hollywood, Oct. 6. — Testimony by Kenneth Macgowan today ended the hearings on the Screen Directors' Guild petition to be made the collec- tive bargaining agency of directors and their assistants. Mr. Macgowan was the last witness to testify for producer rebuttal. N.L.R.B. Trial Examiner William Ringer adjourned the hearing until next Wednesday when closing argu- ments will be heard from producers' counsel and the guild. Mr. Mac- gowan's testimony was to the effect that he knew only one instance of an assistant director taking charge of shooting and that was when the direc- tor was stricken on the set. Pasternack Coming East Hollywood, Oct. 6. — Joseph Pas- ternack, Universal producer, left for New York today on a two-week va- cation. Estabrook Quits Goldwyn Hollywood, Oct. 6. — Howard Esta- brook today severed his connection with Samuel Goldwyn after serving eight months of a one-year writing contract. Westchester Ball Set The annual Theatrical and Movie Ball will be resumed after a five-year lapse at the Westchester County Cen- ter at White Plains on Nov. 19. The "OVERLAND FLYER" to LOS ANGELES Deluxe United Mainliner Sleeper -fc Latest Sleeper departure — 11:45 p.m. Arrive Hollywood early afternoon. Luxurious, quiet, fewest stops. Or take United's famed "Continental" Sleeper. Lv. 6:15 p.m., ar. 9:35 a.m. Reservations: 58 W. 42nd St., MU 2-7300. Or travel bureaus, hotels. UNITED AIR LINES The Main Line Airway Insiders9 Outlook THAT the discussion of in- dustry problems about to take place may be started without any reservations whatso- ever became increasingly apparent yesterday after Abram F. Myers, Allied general counsel, had is- sued a statement covering his conference with William F. Rodgers, M-G-M sales manager, who is acting as spokesman for the distributors' negotiating com- mittee. Allied will refuse to join con- ferences already arranged be- tween the distributors and the M.P.T.O.A. and will insist upon a discussion of all the issues out- lined by Mr. Myers last Decem- ber before the Ohio Independent Theatre Owners' Association. These issues include all the well known M.P.T.O.A. ten points plus its objections to circuit ex- pansion and a number of other industry practices, all of which are covered in the Department of Justice bill of complaint in the anti-trust suit. ▼ Independent exhibitor organi- zations can also insist upon sep- arate dates for conferences, if they wish, under the terms of an invitation telegraphed yesterday by Mr. Rodgers to eight of these organizations. It is obvious that distributors have decided to forget the objec- tions of counsel to joint action in the hope that an industry-wide agreement can be reached which will be acceptable to the Depart- ment of Justice. Allied has long contended that the industry is endowed with a public interest. The backbone of its legislative attack is this theory. T Yesterday in an informal con- versation Mr. Myers advanced a suggestion that it might be pos- sible to dramatize the situation and clear up the entire problem of trade practices by placing them before some distinguished person not intimately associated with the industry who could act as an arbiter. His theory is that this would inspire the confidence of all exhibitors as well as the pub- lic at large. 4 Purely Personal ► ED KUYKENDALL, M. P. T. O. A. president, will leave for his Col- umbus, Miss., home tomorrow and will go from there to Oklahoma City to complete arrangements for the M. P. T. O. A. convention. He expects to be back in New York Oct. 16. • Fredric March will not return to the Broadway stage in November, but instead will take a vacation in Ber- muda with his family, following a short stay in New York. • William F. Rodgers, Loew's gen- eral sales manager, left last night for New Orleans to be gone a week or 10 days. • Wesley Ruggles, the director, has rented an apartment in the Savoy- Plaza. • Stuart Erwin has taken a lease on an apartment in the Hotel Ambas- sador. • Frank Capra is in town, and is staying at the Towers of the Waldorf- Astoria. LILA DAMITA yesterday canceled her scheduled sailing on the Queen Mary the second time she has changed her mind about going to Europe in as many weeks. James Whale, the di- rector, did sail. Edward Lomba, 20th Century-Fox assistant foreign sales manager, has postponed his scheduled survey of Latin America territories. • George Bannan, formerly with Na- tional Screen and Prudential Play- houses, is now managing a theatre for Fanchon & Marco in Van Wert, 111. Hal Hode, Columbia executive, will speak on the film industry over WQXR at 10 P. M. next Monday. • Irving Berlin is scheduled to ar- rive today from Europe on the lie de France. Joe Vogel, Loew's executive, is due today from Baltimore. Taplinger Flying Here Hollywood, Oct. 6. — Bob Tap- iinger, Warner studio publicity head, will leave for the east tomorrow by United Airlines. He will be in New York for two weeks of conferences at the home office. Douglas Story to Para. Paramount yesterday closed a deal with Lloyd C. Douglas for the film rights to his latest novel, "Disputed Passage." The story appeared in the Cosmopotitan Magazine. Lenauer Film Booked "Pearls of the Crown," distributed in this country by Lenauer Interna- tional Films, has been booked by the entire Metropolitan Loew circuit and has played in more than 100 houses in Greater New York, as well as in many other key situations. The com- pany will release also "Drole de Drame," "The Puritan," "Queen of Spades," "Moscow Nights," "The Lie of Nina Petrovna" and "They Were Five." All are French films. Paramount Contest Winners Are Named Winners in Paramount's $5,000 ad- vertising and exploitation contest in connection with the international sales drive, "Paramount on Parade," were disclosed yesterday by Neil F. Ag- new, vice-preisdent in charge of dis- tribution. The winners follow: Class A, cities over 250,000: first $500, Charles B. Taylor, Shea's Bg*. falo, Buffalo; second, $250, JoT Hardgrove, Loew's Broad, Columbus ; third, $150, Ray Bell, Loew's Capitol, Washington; fourth, $100. John H. Echols, Denham, Denver. Class B, cities of 100,000 to 250,000 : first, S. P. Dean, Rialto, Tacoma ; second, Roscoe Drissel, Loew's State, Norfolk ; third, Allen Sparrow, Loew's Richmond, Richmond. Class C, cities of 15,000 to 100,000 : first, Jerry Greenebaum, Rialto, Clin- ton, la. ; second, Bob Fulton, Para- mount, Waterloo, la. ; third, "Doc" Elliott, Ohio, Lima, O. ; fourth, Frank W. Miller, Metropolitan, Morgan- town, W. Va. Class D, cities less than 15,000: first, Harold Armistead, Lyric, Eas- ley, S. C. ; second, Carter H. English, Majestic, Centerville, la.; third, J. R. McKinlay, New Grand, Interna- tional Falls, Minn. ; fourth, L. A. Ma- her, Roxy, Medicine Hat, Alberta. Two special prizes for neighborhood and subsequent houses went to Sam- uel A. Coolick, Loew's Triboro, Long Island City, first, and R. J. Stumbo, Hollywood, Salem, Ore., second. First prize in the foreign field, $500, went to J. Castro Ramos, Cine Plaza, Rio de Janeiro, and second to L. Dur- ban-Long, Capitol Cinema, Bolton, Lancaster, England. The foreign judges were John W. Hicks, Jr., George Weltner, his assistant, and Albert Deane, director of foreign ad- vertising and publicity. MOTION PICTURE DAILY (Registered U. S. Patent Office) MARTIN QUIGLEY, Editor- In -Chief and Pub- lisher; J. M. JERAULD, Managing Editor; JAMES A. CRON, Advertising Manager. EDI- TORIAL STAFF: Charles S. Aaronson. Jack Ban- ner. Al Finestone, Sherwin A. Kane. Joseph Priore. Published daily except Saturday, Sunday and holidays by Quigley Publishing Company, Inc., Martin Quigley. president; Colvln Brown, rice- president and treasurer. Publication office: 1270 Sixth Avenue at Rocke- feller Center, New York. Telephone: Circle T-3100. Cable address: "Quigpubco. New York." All contents copyrighted 1938 by Quigley Publishing Company, Inc. Address all correspondence to the New York office. Other Quigley publications: MOTION PICTURE HERALD, BETTER THE- ATRES, TEATRO AL DIA, INTERNATIONAL MOTION PICTURE ALMANAC and FAME HOLLYWOOD: Postal Union Life Building, Vine and Yucca Sts. ; Boone Mancall. manager; William R. Weaver, editor. WASHINGTON: Albee Building, Bertram F. Llnz. representative. CHICAGO: 624 S. Michigan Ave., C. B. O'Neill, manager. AMSTERDAM : 87 Waalstraat: Philip de Schaap. representative. BERLIN: Steuler- strasse 2, Berlin W. 35; Joachim K. Butenberg, representative. BUDAPEST: Szamos-Utca 7. Budapest I - Endre Hevesl, representative. BUENOS AIRES: Avallaneda 3949; N. Bruskl, representa- tive. COPENHAGEN: Rosengaarden 14: Kris Winther, representative. HELSINKI: Fredrlks- gatan 19C; Charlotte Laszio. representative. LONDON: 4 Golden Square, W. 1: cable address. Quigpubco, London; Hope Williams, manager. MELBOURNE: Regent Theatre Buildings, 191 Collins St.; Cliff Holt, representative. MEXICO CITY: Apartado 269, James Lockhart, representa- tive. MONTEVIDEO : P. O. Box 664: Paul Bodo. representative. MOSCOW: Petrovski Per 8: Beatrice Stern, representative. PARIS: 21, Rue de Berri; Pierre Autre, representative. PRAGUE: Uhelny trh 2, Prague 1; Harry Knopf, representa- tive. RIO DE JANEIRO: Caixa Postal 3558; L. S. Marinho, representative. ROME: 54 Via Delia Mercede: Joseph D. Ravotto. representative. SANTIAGO de CHILE: Casllla 13300; A. Welss- mann. representative. SHANGHAI: Rooms 38-41 Capital Theatre Building. 142 Museum Road; J. P. Koehler, representative. STOCKHOLM: Kungs- gatan 36: Ragnar Allberg. representative. TOKYO: 880 Sasazuka. Ichikawa-shl, Chiba-Ken: H. Toml- naga. representative. Entered as second class matter Sept. 23. 1938. at the post office at New York. N. Y.. under the act of March 3. 18f9. Subscription ratei per rear $4 In til* Americas and foreign 112. Single copies 10 cents. Friday, October 7, 1938 MOTION PICTURE DAILY Allied Moves To Join Trade Practice Talk (Continued from page 1) iould be contained in a trade practice 1 ^)gram. Mr. Myers' statement, issued follow- ing the meeting with Mr. Rodgers, dis- closed that Allied has been given as- surances that the distributors' com- mittee will not limit the trade practice discussions to the M.P.T.O.A.'s 10- point problem but will permit them to become "as broad as the problems involved in the sale and distribution of film." The discussions, Mr. Myers said, will cover the proposals for trade reform and adjustments outlined by him before the I.T.O. of Ohio last De- cember. Mr. Myers' Statement Mr. Myers' statement follows : "In pursuance of arrangements made sev- eral days ago Nathan Yamins and I have had a comprehensive interview with Mr. Rodgers with reference to prospective industry conferences to discuss trade practices. "We were assured by Mr. Rodgers that the distributors' committee stands authorized and prepared to treat with a committee of Allied in respect of the numerous proposals which Allied States Association has advanced from time to time including all of those summarized in the address which I made before the Independent Theatre Owners of Ohio last year. "Indeed we were assured that the scope of the discussions would be as broad as the problems involved in the sale and distribution of film and would not be limited to the program of any particular exhibitor group. Mr. Ya- mins and I have deemed it necessary to make this explanation to overcome the possible bad effects of premature pub- licity calculated to create the impres- sion that the movement grew out of the activities of any particular group or was initiated as ballyhoo for a par- ticular national convention. "Following the resolution adopted at the Allied convention in Pittsburgh last May, a call will be issued for our board of directors to meet in New York on Oct. 17 to consider and act on the plan which Mr. Rodgers outlined to us today. If the board approves, a committee will be named to carry on the negotiations. Touches Justice Dept. Proposals "In order to avoid the difficulties heretofore encountered when Allied has attempted such negotiations in company with the representatives of affiliated theatres it is proposed that our negotiations be conducted separate and apart from those with any other group. "Pending action by the Allied board, Mr. Yamins and I can go no farther than to repeat what we have said many times : that Allied has always been willing to explore any conciliation movements looking to the improve- ment of industry conditions and to join in the same if there is a possibility that they may be productive of good. The only condition to this is that, in the nature of the case, we can not now agree to any proposals that would not be acceptable to the Department of Justice." Warners 'Independence' Is Unique in Field of Shorts By J. M. JERAULD Warners have produced another in the series of two-reel historical Techni- color shorts. This is called "The Declaration of Independence." Major Albert Warner and Norman H. Moray have become so enthusiastic about it not only as a piece of entertainment, but also as a public service in drama- tizing this country's history that they invited the press to a luncheon and screening yesterday. Mr. Moray delivered an informal talk, pointing out that there was less flag-waving than in the previous num- bers, "Give Me Liberty," which won an Academy Award, and "The Man Without a Country," which won the Exhibitor Award. "We sincerely believe this series is an important one, particularly so in these troublous times when the na- tion is faced with 'isms' of all kinds, and in my humble opinion, these shorts should be played in every the- atre in the country, first because of their entertainment value, and sec- ondly because of the good they must do in creating the proper patriotic re- action." It was something more than a sales talk ; he put considerable emotion into his remarks. The picture lives up to everything he said about it. Even if it dealt with the history of Somaliland, or some other place in which American citi- zens have only a vague interest, it would still be good entertainment. Some slight liberty has been taken with history insofar as Rodney's ride is concerned, but the 99 per cent of audiences who can't remember more than the three first paragraphs of the Declaration of Independence will enjoy an exciting story with plenty of emotional conflict as well as indoor and outdoor action presented by an excellent cast. The direction is by Crane Wil- bur and the cast includes John Litel, Rosella Towne, Ted Osborne, Owen King, Gordon Hart, Lionel Belmore and Ferris Taylor. The running time is 18 minutes. "Drums" $88,000 in Week at Music Hall "Drums" garnered $88,000 at the Music Hall in the week ending last night and is going a second week. Good press notices and a strong cam- paign centered around the visit of Sabu, star of the film, helped. "Too Hot to Handle" gave the Cap- itol a strong $51,000, according to M-G-M, and may run three weeks. The Roxy grossed $46,000 with "Straight, Place and Show" and is holding the film a second week, to be followed Oct. 14 by "Suez." The second week of "Room Service" gave the Rivoli $23,200 and is sched- uled to be followed by "Youth Takes a Fling" Oct. 15. London Sees 'Pygmalion London, Oct. 6. — "Pygmalion" opened here tonight at the Leicester Square before a society audience. "Carefree" will open at the New Gallery shortly and "You Can't Take It With You" will open soon at the Gaumont Haymarket. Gable Casting Denied London, Oct. 6. — Sam Eckman, M-G-M head in England, today de- nied reports that Clark Gable would have a prominent role in "The Devil's Disciple," which will be produced early next year by Gabriel Pascal. Sound Heads in Meet Hollywood, Oct. 6. — Heads of ma- jor studio sound departments met to- day in a monthly dinner meeting at the 20th Century-Fox studio under the auspices of the Academy Research Council. Goodman Quits Standard Oklahoma City, Oct. 6. — David Goodman, manager of the Standard Midwest, has resigned and returned to Altoona, Pa., his home town. E. A. Patchen, advertising and publicity di- rector for Standard, has been placed in charge of the Midwest. Loew's in Partner Deal on Criterion Loew's yesterday took over the Cri- terion in an equal partnership arrange- ment with B. S. Moss, who has oper- ated the house since its construction about two years ago. The circuit has leased the property for 20 years with an option for another 21 years. Loew's will have complete charge of the operation, and it was said that the present first run policy will continue. The Criterion has had to content it- self with secondary product, and late- ly has been running Republic and Paramount "sluff" pictures. It is probable that Loew's will play some of its product first run at the Cri- terion which has been run at the Rialto. The Capitol, however, remains the circuit's ace house on Broadway. Mr. Moss built the theatre in as- sociation with Harry Charnas, former- ly with Warners. Mr. Charnas with- drew from the operation about a year ago. The Criterion has 2,000 seats. With the latest acquisition, Loew's has seven houses on Broadway. In addition to the Capitol, in which Major Edward Bowes and others are associated, there are the State, May- fair, Rio, 83rd St. and 175th St. Open Film in Emporia Kansas City, Oct. 6.— "The Ar- kansas Traveler," which is dedicated to William Allen White, will be given its midwest premiere in the Fox Granada at Emporia, Kan. Babb Filmack Ad Head Chicago, Oct. 6. — Kroger Babb, publicity and advertising director for Chakeres-Warner theatres in Ohio for four years, has joined Filmack Trailer Co. here as advertising di- rector. Sudan Unit Is En Route London, Oct. 6. — Zoltan Korda and a production unit on "Four Feathers" left here today, bound for the Sudan. The unit was delayed recently by the European crisis. Rodgers Asks 8 Regionals To Negotiate (Continued from page 1) cated from within the confines of our industry and for the further purpose of endeavoring to establish a better and more thorough understanding be- tween buyer and seller through 'the establishment of recognized trade prac- tices. We need and require your sup- port and will gladly confer with such committee as you may appoint on any day that you select commencing Oct. 19, on which date our conferences will commence with the committees repre- senting both M. P. T. O. A. and Allied Theatres. We urge your at- tendance and will appreciate your early acknowledgment, informing us of the names of the committee author- ized to represent you at these confer- ences." Warners Plan 20-22 Films in England (Continued from pcje 1) rent production schedule in Holly- wood calls for 52 features, Mr. War- ner said. Accompanied by Mrs. Warner, he will arrive in London next Tuesday, in time to attend the "preview" open- ing of the new Warner Theatre in Leicester Square, the company's first foreign house. Representing the home office at the opening will be Sam E. Morris, foreign chief, and Herman Maier, in charge of construction. Albert Warner, Jules Brulatour and Hope Hampton saw the Warners off. In a gangplank interview by Martin Starr over WMCA, the production chief commented on the possibility that Bette Davis may play Scarlett O'Hara in David O. Selznick's "Gone With the Wind." He said if the fans evidence sufficient interest she will be permitted to play the part. Mr. Warner said that the company has received good response to its "homespun, simple stories" and will continue production of such films. Cowdin Leaves for English Financing Additional British financing for Universal will be arranged by J. Cheever Cowdin, Universal's chairman of the board, who sailed for London yesterday on the Queen Mary. He said he expects to return in about three weeks. Last summer Mr. Cowdin arranged for financing totaling about $1,500,- 000, it is understood, through the C. M. Woolf interests. The exact amount, however, has not been disclosed. It is understood Mr. Cowdin will discuss or consummate several matters that have been hanging fire in Lon- don since his last trip. He is accom- panied by a sister, Mrs. Charles Mor- gan. ITOA Meets Oct. 19 Harry Brandt, president of the I.T.O.A., has called a meeting of the organization for Oct. 19 at the Astor. A report on product buying is sched- uled. A PICTURE FOR EVERYBODY... ,ND THE WOMEN ARE PLUS! MOTION PICTURE DAILY Friday, October 7, 1938 The Newsreel Parade Building Planned Atop the Center 6 U. S. May Pass Foreign Films UnderNewLaw {Continued from page 1) acter. In the case of educational films it is expected each case will have to be decided upon its merits because of the possibility that, while denominated as educational, a picture may be replete with propaganda. While failure to register will be prosecuted by the Department of Jus- tice, action will be taken only against those who wilfully ignore the require- ments and will not be asked in the case of those who fail to register out of ignorance that the law applies to them. It is believed that as informa- tion regarding the act becomes avail- able, many who have not registered will do so. The new law requires registration of all agents of foreign principals wheth- er they are aliens or citizens, and is so broad as to cover many who are not engaged in "propaganda" in the sense in which the term is generally used. Policy Changed at Oklahoma Theatres Oklahoma City, Oct. 6. — The Cir- cle and Plaza, Standard circuit neigh- borhood houses, have changed their policy from three changes a week to two a week, according to B. F. Moore, Standard Theatres general manager here. Mr. Moore said that the change was made in an effort to show better pic- tures at neighborhood houses and to give patrons an opportunity to see good pictures which they miss some- times because of the short playing time with three changes a week. Wall Street Board Rises Generally Net Open. High Low Close Change Col 15 1556 15 15 + Vi Cons . m 154 154 154 Cons. pfd. . 854 m 854 854 + 54 E. K 180 180 179 17954 - 54, E. K. pfd. .168 168 166 166 G. T. E. • 153/i 1554 1554 52?4 1554, + Vi Loew • 53/8 5454 5354 + 54 Loew, pfd .10/% 10754 1254 10754 10754 +1/8 Para ■ H'/a 1254 12 + 54 Para. 1... • 92% 95 9254 95 +3 Para. 2 , • 11% 12 1134 wa + Vs Pathe • 9% 10 954 10 + 54 RKO ■ m 254 254 254. - 54 20th Fox ■ 27/8 2754 2654 2654 -54 20th pfd. . 35S/& 355/g 3554 3554 + 54 Univ. pfd. . 4254 4254 4254 654 4254 +254 W. B. ... • &A 75i 7 + 54 W. B. pfd. . 3654 3654 35 3554 Little Curb Activity Net Open High Low Close G. N . 54 54 v& Vs Monogram m 2 m 2 Sonotone ■ . 154 154 154 154 . 2354 2354 23 23 Trans-Lux 254 2J4 254 254 Bond Issues Change Lightly Net High Low Close Change Keith 6s '46 92 92 92 +1 Loew 354s '46 .101% 10154 10154 Para. Pict. 6s '55. . 9454 9454 9454 + 54 Para. Pict. '47... . 81 81 81 +1 RKO 6s '41 68 67 67 —1 W. B. 6s '39 . , , , . 8154 8054 81 — 54 (Quotations at close of Oct. 6) Benetf resignation as Czechoslovak president, New York's police show in Madison Square Garden and the open- ing World Series game at Chicago are the highlights of the news in the mid- week issue of the various newsreels. The reels and their contents follow: MOVIETONE NEWS— Motion picture industry celebrates 42nd birthday, Will Hays speaks. Coulee Dam on the Colum- bia River. Sled-pulling dogs in training. Graduation of rookie cops at Madison Square Garden. Behind scenes of "Jesse James." Ballet season opens at New York. Long Island horse show. Lew Lehr at back-beauty contest. Yankees beat Cubs in series opener. NEWS OF THE DAY— Japanese push drive on Hangkow. Benes quits Czech presidency. Success story of Charles Al- len Ward. Police show. Sleigh dogs pre- pared for winter. Fireboat set afloat. Rodeo in California. Yanks top Cubs in first game of series. Monogram's Sales Gain 43% in Year (Continued from page 1) production budgets will be increased on a group of pictures going before the cameras in the near future. "Gangster's Boy," with Jackie Coop- er, will be the first production to benefit, with the new Boris Karloff pictures following. Resultant nega- tive costs on these and other produc- tions will be the highest in the com- pany's history, Mr. Johnston said. Ap- propriations for the company's Tex Ritter and Jack Randall westerns also will be raised. Among the circuit deals which have been closed by the company recently are those with Feiber & Shea, H. F. Kincey, Jay Emanuel, E. M. Loew, Si Fabian, Warners, Interstate, Mo Wax, William Smalley, George Wilby and others. California Pension Plan Is Hit by U. S. Washington, Oct. 6. — The Federal Government has turned thumbs down on the California plan to pay "$30 every Thursday" to unemployed citi- zens, which is to be voted on Nov. 8, by holding that the state warrants which it proposed to issue for pension payment will not be acceptable as legal tender by any bank under Fed- eral supervision, it was learned to- day. The Government's attitude, ex- pressed through the Treasury Depart- ment, is being made known in response to a large number of inquiries from California exhibitors and other busi- ness men as to where they would stand should the proposal be adopted. Determination that the warrants would not be legal tender is based on laws giving the Federal Government the sole right to issue money. It is generally felt in administration circles that the scheme is unconstitutional, and its legal aspects are currently the subject of study. Form Non-Aryan Firm Albany, Oct. 6. — Non-Aryan Pic- tures Corp. has been chartered here. The directors are Elliot Westin, Ben- jamin Radin and James Ross, all of New York City. The papers were filed by the Roosevelt Theatre, 111- 117 East Houston St. PARAMOUNT NEWS— Historic film rec- ord of peace conference in Germany. Chi- cago golfer plays 144 holes daily for four days. Chinese junk arrives at California. Mary Pickford rushes to injured husband. Highlights of opening series game. RKO PATHE NEWS— Sumner Welles, Under-Secretary of State, proposes perma- nent solution of international ills. Sheridan Downey's scheme to aid the aged gains momentum in California. World's largest and most powerful fireboat tested. Cable spinning begins for New York's Whitestone bridge. Preview of the 1939 automobile show. World series opening game. UNIVERSAL NEWSREEL— Benes re- signs. New Graf Zeppelin in Germany. Trans-Pacific Chinese junk at Los An- geles. China war news. New York police show. New fireboat launched. Back-beauty contest in California. New Hampshire sled- pulling dogs prepare for coming season. Rollerskate derby in Chicago. World series game. Future football stars practice. Chicago Hearing Is Postponed One Week Chicago, Oct. 6. — The first hearing on the independent exhibitors' anti- trust action against B. & K. and major distributors, which was scheduled to be held in Federal court here today, was postponed for one week. Joseph Rosenberg, counsel for the plaintiffs, was in Washington this week conferring with officials of the Department of Justice on the local action. Whether or not the confer- ences brought about the new delay in the start of hearings could not be learned. Industry in Canada Contributes $53,000 Toronto, Oct. 6. — The Canadian National Committee of the motion pic- ture drive has disclosed that approxi- mately $53,000 has been contributed from Canadian sources to date. Half of this sum has been received from circuits and individual houses, the re- mainder from the Canadian film dis- tributors. Long-threatened action on the part of exhibitors presenting features other than Hollywood productions for a separate competition for prizes has taken form in the organizing of a "British Empire Quiz Contest" which is patterned along the lines of the "Movie Quiz" of Motion Pictures' Greatest Year. Booklet Demand High Kansas City, Oct. 6.— Of the 750,- 000 "Movie Quiz" contest booklets received at Warners here, all but 75,- 000 have been distributed to exhibitors. A few independents have reordered, but Fox Midwest leads in reorders. Most exhibitors requested a large supply at the start. RKO Sued in Taunton Taunton Mass., Oct. 6. — A plagiar- ism suit for $200,000 was filed yester- day in Superior Court here against RKO by William J. O'Rourke of Fall River. He charged that the com- pany's film, "Condemned Women" was taken from his story, "Girl's Re- formatory," which he claims to have submitted to RKO in 1937. (.Continued from page 1) fellers from William Fox about five years ago. Part of the building will be over the lobby of the Center The- atre. ^ While stating emphatically that \ theatre property will not be rar P Rockefeller Center officials yeste^ y were unwilling to predict the future of the house, which has been a prob- lem since it went up six years ago. Recently it has housed grand opera. Originally it was a film house. Construction of the office building over the theatre will complete building plans for the 49th St. block between Sixth Ave. and Rockefeller Plaza. Ex- tending from the Center Theatre to the Plaza there will be a 15-story building, the six lower stories of which will be a commercial parking garage with space for 800 cars. The first four stories will cover the entire plot and the other 11 will form a central tower. Excavation on this project started yesterday. Loew's Examination To Continue Monday Examination of Loew officials in the minority stockholder suit will continue next Monday with testimony to be ob- tained from Isidor Frey, Loew at- torney and a director. Other New York directors of the company are to be examined. Additional testimony by J. Robert Rubin, vice-president and general counsel, required three hours yester- day afternoon in the office of Emil K. Ellis, counsel for the plaintiffs in the consolidated action to abrogate execu- tives' contracts. Mr. Rubin's examina- tion was started Tuesday. Hana W. Goldstein and Louis Sus- man, complaining stockholders in an action on the same grounds brought in the Chancery Court, Wilmington, are two of the stockholder plaintiffs in the consolidated action pending in the local courts. Mr. Ellis has no con- nection with the Wilmington suit. Basson to Ask Dismissal Joseph D. Basson, as president of Local 306 of the New York opera- tors' union, will make application to- day to the N. Y. Supreme Court for an order dismissing a suit brought against the union by two operators, James J. Little and Milton Olshin, seeking $5,000 damages and an in- junction. The plaintiffs claim they were refused membership in the union. "Fugitive" Case to Jury Atlanta, Oct. 6. — After a trial consuming nearly two weeks, the $100,- 000 libel suit of Judge Vian Stanley, growing out of Warners' "I Am a Fugitive From a Chain Gang," to- night went to the jury in Fulton Superior Court. File Mae West Judgment A judgment for $4,019 against Mae West was entered in the New York County Clerk's office by the State Tax Commission yesterday. The claim is based on alleged tax arrears on 1931 and 1933 earnings. Friday, October 7, 1938 MOTION PICTURE DAILY RADIO JBC Sues Air Firm Over "Dallas" Show National Broadcasting Co., Inc., he Charles H. Phillips Chemical Co. and Blackett-Sample-Hummert, Inc., yesterday filed suit in the U. S. Dis- trict Court against Air Features, Inc., Selwyn & Co., Inc., Olive Higgins P^3Uty, author of "Stella Dallas" and Samuel Goldwyn, Inc., Ltd., and asked -r, ^court to restrain the defendants L ,i allegedly interfering with the broadcasting of the radio program called "Stella Dallas." Plaintiffs contend that Blackett- Sample-Hummert, as advertising agents for the Phillips Co., on Aug. 27, 1937, contracted with Air Features and Selwyn & Co. for the radio rights to a dramatic composition based on the book, "Stella Dallas," for one year, with option to renew for the four fol- lowing successive years. Subsequent- ly, in October, 1937, the complaint states, daily broadcasts over WEAF and other stations under the program name "Stella Dallas" were started to advertise Phillips Milk of Magnesia. CBC Moves to Probe Premier's Broadcast Montreal, Oct. 6.— Word from Ot- tawa today is to the effect that Glad- stone Murray, manager of the Cana- dian Broadcasting Corp., is planning to investigate a recent Sunday broad- cast by Premier Aberhart from Ed- monton. The radio head, it is said, is taking steps to obtain the manu- script. Premier Aberhart, among other things, was quoted as saying that British, French and Russians are "be- ing stirred up by that foolish concept of contractual obligations which de- mands fulfillment, no matter what the conditions are." CBC rulings strike hard against anything "of inflammatory character or contrary to public interest." The broadcast was over a private station, unaffiliated with the corporation but under its control. The station man- agement, it is said, can be held liable for infringement of CBC regulations. Command Show Off Air London, Oct. 6. — The British Broadcasting Co. today officially con- firmed reports in Motion Picture Daily that there would be no broad- cast of the Royal Command variety show. Such a broadcast had been pro- tested by British exhibitors as unfair competition. Corliss Joins Sponsors Lamont Corliss Co. has signed for a section of the "Women of Tomor- row" program, a participation show on WJZ featuring Alice Maslin. The Lamont Corliss participation starts Oct. 31, and the contract is for 26 weeks. J. Walter Thompson is the agency. WLAK Joins NBC Net WLAK, Lakeland, Fla., has be- come a member of the NBC network as a bonus outlet available to adver- tisers buying the facilities of WFLA and WSUN, NBC affiliates in Tampa. Bernie in Sanitarium Ben Bernie has entered a local sani- tarium for observation of a stomach disorder. New Shows on the Air "Star Theatre" In advance of the opening of the Texaco "Star Theatre" series, Jim Tierney of the Texas Co. dispatched to radio desks a Roget Thesaurus. In the volume he enclosed a card which stated he was going to spare the re- cipient "his" adjectives. With the confidence and naivete possessed only by advertising men, he merely sug- gested that one listen to the premiere and then select one's own glitter words from the assortment within the thesau- rus to describe the program. Following the premiere — to say nothing of Mr. Tierney's suggestion — the thesaurus has been consulted and from it, however unoriginal be our choice, we have extracted that good old Hollywood standby, "colossal." From every standpoint the Texaco premiere was the most satisfying first offering heard in years. Usually a show as gigantic as the "Star The- atre" requires much on-the-air ex- perimentation before it achieves a suc- cessful pattern — witness the M-G-M show, "Hollywood Hotel" and others of that caliber — but the "Star The- atre" got off to a start as fast as the sponsor claims for your automobile if you use his gasoline. Every department was a click. Adolphe Menjou, Charles Ruggles, Una Merkel and Ned Sparks offered comedy material second to none, Kenny Baker and Jane Froman were in sparkling voice ; David Broekman's orchestra and the background chorals were grand, and Bette Davis, as the guest star in the Max Reinhardt pro- duction of an original by Arch Obeler titled "Alter Ego," emoted in a man- ner nothing short of magnificent, this despite an utterly fantastic and un- believable story. Miss Davis played a dual role. Mr. Obeler, apparently still under the impression he was writing one of his "Lights Out" midnight mysteries, penned a fantastic story of a girl with- in whom exists two personalities, one good, the other extremely evil. Ul- timately the good girl is led to destroy herself, thus also destroying the evil spirit within her. "Alter Ego" is a variation of "The Dybbuk," an an- cient Jewish folk tale, and of "Dr. Jekyl and Mr. Hyde." Billy Bacher produces the first half of "Star Theatre," and Max Rein- hardt produces the final half. To them and to their talent, full credit and honor for a splendid hour. "Star Theatre" is broadcast Wednesdays at 9:30 P.M. over the NBC-Red net- work, and comes from Hollywood. "The Curtain Rises" CBS seems to have struck upon a sound program idea in "The Curtain Rises," a new series which gives listeners a glance at coming attrac- tions of the three major entertainment units, the motion picture, stage and radio. The show is cut into two seg- ments, coming from both New York and Hollywood. Production is in the hands of Martin Gosh of the CBS staff. The program opened in New York, from backstage of a theatre where "Great Lady," is in rehearsal. Pro- ducer Brock Pemberton, and Norma Terris, Tullio Carminatti and Irene Bordini of the cast spoke cheery words about general prospects of the legitimate theatre. Switching to Hol- lywood, Barbara Stanwyck and Henry Fonda offered a preview scene from the film "Mad Miss Manton," and Robert Benchley, in his own fashion, told of some of the things to come in his forthcoming new network series. Spokesmen for the motion picture and radio industries were Arthur Unger of Hollywood Variety and radio editor "Dinty" Doyle of the Journal- A merican. "The Curtain Rises" is heard Wednesdays at 9 P. M. on CBS. Banner New Network Is Formed in Albany Area Albany, Oct. 6. — Formation of a new broadcasting corporation, with eyes toward Kingston, Ulster County, has been disclosed here coincident with the filing of charter papers by Deuel Richardson, Forrest L. Willis and Samuel Jacobs of this city. The con- cern, known as the Mid-Hudson Broadcasting Co., Inc., has set up 200 shares, with no assigned par value. Mr. Richardson, who is the brother- in-law of Harold E. Smith, manager of both WABY and WOKO here, is named as a director with Mr. Willis and Mr. Jacobs. Mr. Jacobs, who filed the papers, was also filing attor- ney last week for the Empire State Network, Inc., newly formed web con- sisting of WHN, New York, WABY, Albany, WBNY, Buffalo, WSAY, Rochester, WMBO, Auburn, and WIBX, Utica. Mr. Willis, WOKO's veteran an- nouncer in point of service, has been heard as conductor of the Montgom- ery Ward musical clock daily for the past three years and acts as master of ceremonies for the D'Jimas Brothers program, likewise a daily feature of the local CBS outlet. Mr. Smith, who has been named president of the Em- pire State Network, stated today that plans were too sketchy as yet to di- vulge information prior to dispatching an application for F. C. C. approval. Lux to Co-Star Beerys Noah and Wallv Beery will be co- starred with Leo Carrillo, Eduardo Ciannelli and Edmund Lowe in a dra- matization of "Viva Villa" in the Lux "Radio Theatre" presentation Mon- day. Dan Tuthil to Speak Dan Tuthil, NBC Artists Bureau executive, will be the speaker at a meeting of the New York chapter of the Salesmen's League of America in New York Monday evening. Television Company Offers Stock Issue One million shares of $1 par com- mon stock of International Television Radio Corp. were placed on the mar- ket yesterday in order to further the introduction of the Preiss system of television and the commercial appli- cation of its patents. The stock, which is registered with the Securities & Exchange Commission, is being of- fered by prospectus at $1.60 per share. The company plans to construct five television centers each consisting of a transmitter and a group of dealers' sets. Bates Leaves Tomorrow Ted Bates, vice-president and ac- count executive at Benton & Bowles, leaves tomorrow for a trip to the west coast offices of the agency. Marvin Joins Esty Firm Richard Marvin, formerly with the J. Walter Thompson agency, has been appointed head of the radio depart- ment of William Esty & Co. WE'RE SINGING PRAISES . . . and so is the audience of 300 that laughs with Welcome Lewis at her SINGING BEE every Wednesday night H' from 8:00 to 8:30 . . . here's a show • that has everything: music, comedy, quizzes, prizes. More than that, it has the show- manship of Welcome Lewis. Some smart adver- tiser will want this program. Write WHN today. WHN DIAL 1010 Collier's Tpe Wong* „ the «— J°meL7 « — ^" * ut,le \ntroduc*mg the slickest . • • suavest sleuth 0f them a»« detective >n WATCH FOR THESE "WONG" MYSTERIES: • Mr. WONG at HEADQUARTERS" "Mr. WONG in CHINATOWN" "The MYSTERY of Mr. WONG" Wong series "Fast-moving mystery story with plenty of suspense launches new series."— Film Daily • "Monogram has built a class production that should go far." — Variety • "Will undoubtedly prove a genuine rival to Charlie Chan in pop- ularity."— Picture Reports • "First-rate murder mystery which will rank high. Boris Karl off flawless." — Boxoffice Alert. Intelligent to th£ Picture Industry MOTION DAILY First in Film an and Impartial =6 t 44. NO. 70 NEW YORK, MONDAY, OCTOBER 10, 1938 TEN CENTS . Supreme Court May Decide on Doubles Today Distributors Ask Review Of Perelman Case The U. S. Supreme Court is ex- pected to hand down its decision to- day on the application of major dis- tributors for a review of the U. S. Circuit Court of Appeals ruling hold- ing anti-double feature clauses in ex- hibition contracts to be illegal. Distribution home offices are not optimistic over the chances of the high court's agreeing to review the case by granting their application for a writ of certiorari. However, distri- bution executives do not believe that efforts to curb double features will be ended automatically by a refusal of the Supreme Court to review the Perelman case. Many expressed the opinion that concrete efforts to treat the double feature problem in a fair and constructive light will be made during the exhibitor-distributor trade practice negotiations which will gel under way here next week. It is pointed out that influential in- dependent exhibitor organizations, as well as many distributors, are anxious to bring some form of regulation to {Continued on page 5) MPTOA Leaders Meet Here Oct. 17 The executive committee of M. P. T. O. A. and other officials of the organization will meet here Oct. 17 to discuss the program of self-regulation of trade practices proposed by the dis- tributors' negotiating committee. M. P. T. O. A. representatives who have been asked to attend the meeting are Ed Kuykendall, president; L. C. Griffith, Oklahoma City; H. V. Har- vey, San Francisco ; O. C. Lam, Rome, Ga. ; Jack Miller, Chicago; Sam Pi- nanski, Boston; Lewen Pizor, Phila- (Continued on page 5) Court to Hear GTP Case About Oct, 19 Washington, Oct. 9. — Argument in the General Talking Pictures Corp. patent infringement case probably will be heard by the U. S. Supreme Court about Oct. 19, it is learned here. The case, scheduled to be argued Oct. 10, was postponed as a result of an agreement among the counsel in- volved. It revolves around the ques- tion whether a patent owner can re- (Continued on page 4) SCHAEFER TO HEAD RKO; LEAVES U.A. Little Fellow to Benefit From Trade Practice Talks Major distributors are open minded on self-regulation. They are ready to go a long way, with exhibitors, in order to achieve for the trade a fair and feasible plan of industry self- regulation. All this is indicated by current discussions among the dis- tributors. They are talking of an optional can- cellation privilege ; elimination of the score charge, and the setting up of a conciliation system to handle exhibitor- distributor complaints. Also, about a policy of non-forcing of shorts. The principal aim appears to be to help the little fellow, without oppress- ing his neighbor. At the moment, the problem of pro- tection is the most difficult one. It can't be disposed of too quickly be- cause of the legal aspects involved. If what the distributors are presently discussing becomes definitive, they may well form the basis of an all-industry discussion, with exhibitors, from which may grow the final self-regulation schedule of the trade. It is up to the exhibitors. All of which recalls the old 5-5-5 agreements which proved ineffective because some of the leaders wouldn't go along. Unless an attitude of co- operation is to be taken by such dis- (Continued on page 4) ITOA Accepts Bid To Trade Confabs Harry Brandt, president of the I. T. O. A., has sent a wire to William F. Rodgers, acting chairman of the distributors' trade practice committee, accepting Mr. Rodgers' invitation to participate in the trade practice con- ferences which are scheduled to get under way here Oct. 19. Mr. Brandt has appointed Leo Brecher and Laurence Bolognino to represent the I. T. O. A. along with himself. He said the organization has "many specific proposals" which will be submitted at the meeting. In his wire to Mr. Rodgers, the I. T. 0. A. head expressed his gratitude (Continued on page 5) Effective with this issue Sam Shain becomes editor of Motion Picture Daily. Mulvey's Star Rises in New Setup at U.A. With the resignation from United Artists of George J. Schaefer, a new operating setup, under Maurice Sil- verstone, is in the making and may be announced today by him. Silver- stone is the head man at U. A. Samuel Goldwyn and Alexander Korda achieve a closer control of U. A., with this change. It is believed that in the new order of things, James Mulvey, Samuel Goldwyn's eastern associate, will oc- cupy a most important position in the new operating setup. Mulvey is one of the most highly respected execu- tives in the trade. It is possible also that Stephen Pallos, associate of Alex- ander Korda, and sales chief of Lon- don Films (Korda), who is here presently, together with Emanuel Sil- verstone, representative of Korda here, will obtain greater spheres of influence in U. A. Silverstone, of course, as head man of U. A., will hold the reins over all. What titles are to be meted out is in (Continued mi page 4) Some of Du Art Lab Strikers Back Today Some of the 35 striking employes of the Du Art Film Laboratories were to be returned to work today pending settlement of the strike under a 10-day "truce" agreed upon Friday by Arthur Gottlieb, head of the company, and (Continued on page 5) Rockefeller, RCA, Atlas Leo Spitz United in Urging Change George J. Schaefer will be presi- dent of RKO when Leo Spitz re- tires and company conditions per- mit. Schaefer resigned from United Artists, 5 o'clock, Fri- day. RKO's reorganiza- tion plan is now awaiting formal con- firmation and approval of Federal Judge Wil- liam Bondy. Selection of Schaefer fol- lows recom- mendation by Leo Spitz, on which all creditor groups con- curred. Schaefer's 25 years in the industry have been with three com- panies, and entirely in distribution, with delegation to him of additional executive duties during the Paramount reorganization. His association with United Artists in the last two years as vice-president and general manager in charge of do- mestic and Canadian sales and as chairman of the administrative com- mittee of the Motion Pictures' Great- est Year campaign have brought him into pre-eminence in the industry. A native of Brooklyn, Schaefer's first association with the industry was in 1914 as secretary to the late Lewis (Continued on page 4) George J. Schaefer Chicago Trust Case Compromise Sought Chicago, Oct. 9. — -Conferences on an out-of-court settlement of the anti- trust suit filed against Balaban & Katz and major distributors by Chi- cago independent exhibitors were be- gun here Friday with Austin Keough and Y. Frank Freeman, vice-presidents of Paramount, attending. Further conferences will be held in the near future, it was reported. Re- sults of the initial discussion could not (Continued on page 4) MOTION PICTURE DAILY Monday, October 10, 1938 O'Loghlin to Start Third Circuit Swing James P. O'Loghlin, S. R. Kent Drive leader for 20th Century-Fox, will start shortly on his third and final swing of exchanges in connec- tion with the drive. Mr. O'Loghlin will be accompanied by William J. Clark, short subject sales manager, and the division man- agers in their areas, including Wil- liam J. Kupper in the west, W. C. Gehring in the central area and Wil- liam Sussman in the east. The trip will take six weeks. Mr. Clark left Saturday to accom- pany his family to the coast, from where they will sail this week to visit relatives in Christ Church, New Zealand. He will meet Mr. O'Loghlin and Mr. Kupper in Los Angeles. Ben Goetz Returns To Coast for Talks Ben Goetz, head of M-G-M British production, returned to the coast over the weekend via American Airlines, after a week of New York confer- ences. He had held earlier conferences on the coast with Louis B. Mayer. During the week here, Mr. Goetz conferred with Nicholas M. Schenck and Al Lichtman on casting and other details for "Good-Bye Mr. Chips," next on the English schedule. He re- turned to the coast to set final details on cast and director for the film, it was said. He is expected back late this week and will probably sail with Mrs. Goetz next week. Astoria Studio in Rush Two features, "One Third of a Na- tion," with Sylvia Sidney, and Wil- liam K. Howard's untitled film, in addition to a number of shorts have started a production rush at the East- ern Service Studios. In addition to the regular activities of Audio Pro- ductions, Inc., two shorts are being made for the Ford Motor Co. About 500 persons are on the payroll. "Chain" Suit Dismissed Atlanta, Oct.. 9.— A $100,000 libel suit brought by Vivian Stanley, mem- ber of the Georgia Prison Commission, against Warners has been dismissed after a tfiree/week trial in the Supe- rior Court /of Fulton County. Mr. Stanley charged that he was libeled in "I Am a Fugitive : from a Chain Gang." ' Seek School as Theatre Jewett City, Conn., Oct. 9. — Finn's Theatre, operated by John Barnett, was completely destroyed by the. hurricane and negotiations are in progress for the use of the local high school auditorium for exhibition. The theatre will be moved when construc- tion details are arranged. Rosenblatt at Houston Sol A. Rosenblatt, attorney, will make a return engagement as speaker at the American Federation of Labor convention in Houston today, speak- ing on "Subversive Movements." He left Saturday for the south. He made his first appearance before the group as a speaker last year. 4 Purely Personal ► FREDDIE BARTHOLOMEW ar- rives here tomorrow and will start a one-week personal appearance at Loew's State on Thursday. From there he goes on to Loew's house in Phila- delphia, Pittsburgh and Providence • Bing Crosby, who has been vaca- tioning in Bermuda, returned on the Monarch of Bermuda on Friday. With him on the trip were Mrs. Crosby, their son, Gary, and Mr. and Mrs. Larry Crosby. • George W. Weeks, Monogram gen- eral sales manager, left on Friday for a 10-day inspection tour of Monogram exchanges. Detroit, Cleveland, Glov- ersville, Buffalo and Boston will be visited. 0 Rosalind Russell left for Holly- wood after a Connecticut vacation with her family. Miss Russell recently completed "The Citadel," an M-G-M British production. • Dave Gould, M-G-M manager at San Juan, Puerto Rico, sailed Satur- day for his headquarters after a month's stay in New York. • Herman G. Weinberg, formerly with the Filmarte Theatre, is now di- recting publicity and advertising for World Pictures. • S. Charles Einfeld, Warner ad- vertising and publicity chief, is due early in November for a periodic home office checkup. • Arthur Greenblatt, G. B. eastern division manager, is on a tour of the New England exchanges. He will be back Thursday. • W. C. Gehring, 20th Century-Fox central division manager, returned Sat- urday from Chicago. • Maxie Rosenbloom flew back to the Coast on Saturday after a one-week visit here. Irving Berlin returned from his European trip on the He de France on Friday. DARRYL F. ZANUCK will be in- vited to South Africa by ex- hibitors there through W. J. Hutch- inson, foreign sales head, who is en route to Cape Town. Exhibitors are also planning a reception for Mr. Hutchinson. • Blanca Castejon, who played the feminine lead in the Spanish film, "Mis Dos Amores," has been given a long term contract by Rafael Ramos Cobian for Cobian Productions, Inc. • Lili Damita flew to the coast via TWA after calling off her European trip late last week. Her husband, Errol Flynn, has recuperated from a recent illness on the coast. • Robert Gillham, Paramount adver- tising and publicity director, will re- turn from Boston today after super- vising plans for the opening there of "If I Were King." • Lou Pollock of Universal has placed a display of African trophies in the Globe lobby as exploitation for "Dark Rapture." • Greta Garbo returned Friday on the Kungsholm from an extended Euro- pean vacation. The ship's list carried her name as "Miss Rose Berland." • Arthur Greenblatt, G. B. eastern division manager, is due Thursday from a tour of New England ex- changes. • Fred Quimby, head of the M-G-M shorts department, is expected soon from the coast for home office confer- John Mock, Paramount story editor in London, sailed Saturday on the lie de France after a week's stay in New York. • Frances Weil of Reliance Pictures has joined the New York office of Ed- ward Small Productions, Inc. • Fay Rothman sails on the Corin- thia next Saturday for a West Indies vacation cruise. • Zelda Krugman of M-G-M's con- tract department celebrates a birth- day today. ''Rat' Premiere Is Set Warners will hold the world pre- miere of "Brother Rat" at the Vir- ginia Military Institute, Lexington, Va., Oct. 20, the Institute being back- ground for the film. Priscilla Lane, who has the lead in the film, will fly from Hollywood for the opening. She will be met at the airport by 720 cadets and will be guest of honor at a "hop" following the show, accord- ing to plans. Bob Taplinger, west coast publicity head, who arrived here by plane Saturday, will leave for Lexington this week. Friends Fete Angle Ratto Washington, Oct. 9. — Angie Ratto, manager of Loew's Palace, was guest of honor at a party given by friends Saturday night at the Willard. It was the 23rd anniversary of Ratto's con- nection with Loew's. Vienna Producer Is Due Ladislas Szucs, Vienna producer, will arrive here on the Normandie todav with story and music material he intends to offer to American pro- ducers. _ He was producing head of Vita Film studios in Vienna, now known as Tobis Sascha. Beboton Verlag, a film music publishing house Mr. Szucs founded in Berlin, was taken _ over by the German Govern- ment in 1935. Start Cartoons for MGM Harman-Ising on Friday started their first Technicolor one-reel car- toon under their commitment of 18 signed with M-G-M late last week. It is "The Captain's Christmas." While they will provide the major cartoon product for the company, the deal does not affect Milt Gross's status, who will continue current production of the "Captain and the Kids" series. "Arkansas" Premiere Excites Little Rock Little Rock, Oct. 9. — This town is still talking about the world premiere on Thursday of Bob Burns' starring film, "The Arkansas Traveler," at the 1,100-seat Pulaski. The honor guests included Arkansas Lieutenant Gov- ernor Robert Bailey, Mayor Richard E. Overman of Little Rock, Mayor Tom English of Van Buren, Hugh Park, publisher of the Van 1, tf,n Press Argus; Ross Lawhon, Mayor of North Little Rock, and other city and state officials. _ Mayor Overman issued a proclama- tion designating last Thursday as "Arkansas Traveler Day." The pre- miere was conducted in a Hollywood setting, with arc lamps and all the rest of the necessary apparatus. Gail Patrick was present as a representa- tive of the studio. Film men attend- ing included M. A. Lightman, Henry Brownlee, Paul Jones and Clyde Smith. Burns spoke directly to the theatre audience from his Kraft radio program in Hollywood. "Moon" Gets $27,000 In 2nd Strand Week "Garden of the Moon" plus a stage show headlined by Jan Garber and his band and Ethel Merman garnered a repor.ted $27,000 at the Strand in a second week. "Road to Reno," Hope Hamp- ton's picture, did $5,500 at the Globe. The Criterion netted $6,000 with "Sons of the Legion." Following the current run of "King of Alcatraz," the j Criterion will open with another Para- mount picture, "Touchdown, Army," Oct. 13. "The Edge of the World" has started a fifth week at the 55th St. Playhouse. G. B.'s "A Star Must Laugh" will open at the Little Carnegie tomorrow. Fred McConnell on Trip Fred McConnell, president .of J Record Pictures, is on a sales trip through the middle west. Pittsburgh was his first stop. Record now has three pictures on the market, with seven more scheduled. The latest ac- quisition is "Convicts at Large," pro- duced by Myron C. Nast. MOTION PICTURE DAILY {Registered U. S. Patent Office) • MARTIN QUIGLEY, Editor-in-Chief and Publisher; SAM SHAIN, Editor; JAMES A. CRON, Advertising Manager. Published daily except Saturday, Sunday and holidays by Quigley Publishing Company, Inc., Martin Quigley, president; Colvin Brown, vice-president and treasurer. Publication office: 1270 Sixth Avenue at Rockefeller Center, New York. Telephone: Circle 7-3100. Cable address: "Quigpubco, New York." All contents copyrighted 1938 by Quigley Publishing Company, Inc. Ad- dress all correspondence to the New York office. . Other Quigley publications: Motion Picture Herald, Better Theatres, Teatro al Dia, International Motion Picture Almanac and Fame. BUREAUS : — -Hollywood: Postal Union I Life Building, Vine and Yucca Sts.; Boone Mancall, manager; William R. Weaver, editor. Chicago: 624 S. Michigan Ave., C. B. O'Neill, manager, London: 4 Golden Square. W. 1: cable address. Quigpubco, London; Hope Williams, manager. Entered as second class matter Sept. 23, 1938, at the post office at New York, N. Y.. under the act of March 3, 1879. Subscription rates per year $6 in the Americas and $12 foreign. Single copies 10c. The Alcatraz Type mm ■111 11/4 I III li _ v_ V y y. . • _ WARNER EXPLOITATION WINNERS MOTION PICTURE DAILY Monday, October 10, 1938 Schaefer Will Be RKO Head; Quits UA Post (Continued from page 1) J. Selznick. A year later, he joined World Film Corp. in a sales executive capacity, remaining until 1920 when he went to Paramount. Starting as booker, he became New York office manager a year later and, succes- sively, Boston branch head in 1921 ; New England district manager in 1922, and, in 1926, division manager in charge of the entire east and south under S. R. Kent, distribution chief. When Mr. Kent resigned in 1932, Mr. Schaefer was appointed general sales manager, and during the Para- mount receivership was named general manager of the company by the trus- tees. With Paramount's emergence from reorganization, he was elected first vice-president and a director of the new company in July, 1935. He resigned in that year. In 1936 he joined United Artists. Depinet Talk Is Offside Any talk about Ned E. Depinet leaving RKO is offside. Every fact points to his staying. He is head of the RKO-Radio picture and distribu- tion end. Spitz piloted RKO through its toughest years, when the company was torn by a distorted management setup which neither of the groups which followed each other in control of RKO ever comprehensively tackled. In those years, Spitz brought har- mony between the M. J. Meehan group which came into control of Keith- Albee-Orpheum, principal theatre sub- sidiary of RKO, a fact which had the greatest constructive effect in the af- fairs of RKO and the company oper- ation. Spitz has been eager to leave RKO for some time, but each time he has indicated his desire to step out credi- tors and bankers have united in in- fluencing him to stay. Under his guid- ance RKO is now operating in the black, after months of a heavy siege of bad business, during which the com- pany had to liquidate weighty prior obligations of the bankers. Spitz came into RKO at the in- sistence of friends who have large in- vestments in the company. He gave up a lucrative law practice in Chi- cago, where he heads one of the Windy City's biggest law firms, to serve RKO. Spitz Is Expected to Remain He is well-to-do, never having needed the post nor ever having sought it. The pressure is still on for Spitz to stay and he has been invited to write his own ticket, so that the likelihood is that he will probably agree to continue to serve the company in a special capacity, such as special counsel. The theatre end, which Spitz reor- ganized with the help of the M. J. Meehan people, is anxious that Spitz continue to serve that end. They have tried to get him to take over control of that management end, which, of course, Spitz isn't doing. The Meehan people are for Schaefer, following the lead of Spitz. Spitz and Schaefer have been friends since their Little Fellow to Benefit From Trade Practice Talks (Continued from page 1) tributors and exhibitors, at this time, the same risk again applies. What the distributors are discussing in the way of a cancellation privilege amounts to a graduated system, run- ning down from 20% to 15% and 10%, beginning with the small-timer. In other words, the little fellow will get the biggest kickback on his deals. When talking of the little man, this means probably 80% of the exhibitor side. Whether there are to be any strings attached to the cancellation privilege is something still to be indicated. First accounts are that the distributors have their palms turned upward, and that the new deal which they hope to be able to offer is a clear-cut cancella- tion privilege. How or where the distributors can make up that score charge item which they are talking of eliminating is some angle in itself. The wiping out of the score charge means a drop of just about $7,500,000 to $10,000,000 in ag- gregate annual income to the dis- tributors. The conciliation thing speaks for it- self. If that becomes a fact, after mu- tual talks with the exhibitors and their negotiating committees, such concilia- tion boards as are established will hindle all distributor-exhibitor com- plaints. Presumably, such conciliation boards would be set up in all important key cities, each board having equal dis- tributor-exhibitor representation. Such a plan, it is conceived, fairly covers all the existing trade defects which from time to time have been enunciated by M. P. T. O. A. and the Allied organizations. Presumably, also, that cancellation privilege now being talked about would dispose of Allied's "compulsory book- ing" complaint. As for items in M. P. T. O. A.'s program, such as playdates, overbuy- ing, zoning, cut-rate and non-theatrical competition, might well be handled by the local conciliation system. Allied's grievances such as the "right to buy" and "undue theatre ex- pansion" have balked solution since the NRA days. Allied's views of the "undue" the- atre expansion problem are described as being more closely related to over- building and overseating than to the growth of affiliated circuits. Distribu- tion quarters express a doubt as to whether or not any workable arrange- ment to regulate building can be in- corporated in a trade practice pro- gram. Allied's proposal for a curb on ra- dio competition is supported by the M. P. T. O. A. and, in fact, included in the latter organization's condemna- tion of all non-theatrical competition. early days in show business, one as a lawyer and leader and the other as a film company chief. Peter Rathvon, chief aide to Floyd Odium, head of Atlas, most prominent factor in RKO, will probably become chairman of the executive committee, to be formed upon the company's re- organization. Possibly Odium, himself, might en- tertain the chairmanship, which credi- tors are urging him to take. A most notable part in straightening out the RKO reorganization picture must be credited to the Rockefeller people, particularly Nelson Rockefel- ler. The Rockefeller people have been on top of the situation right along, do- ing everything to help the situation. Sarnoff Instrumental David Sarnoff, head of RCA, is rid- ing along, and other creditors such as the general creditor group, headed by Carlos Israels, member of the down- town law firm of White & Case, is understood also to have been instru- mental in a very important way in achieving the present realignment of RKO. The real break came from Spitz, himself, who has worked at RKO solely for the interest of that company, when he led in the recommendations for Schaefer. The new board will comprise 15 members. The management will be amply represented, having probably three representatives. Atlas (Odium) will have three; Lehman Bros, will have one; RCA will have two; the Rockefellers, two ; the organized stock- holders, one, as will the organized bondholders, represented by commitees. Possibly Henry Luce, or some other designee of the Life-Fortune publish- ing outfit, will be on the board. The independent security holders also will have a representative, as will the gen- eral creditors. Mr. Schaefer's resignation from the vice-presidency of United Artists was given to the company's board of direc- tors while the board was in session. Speaking for the board following the meeting, Maurice Silverstone, chair- man of the United Artists executive committee, stated that the "directors have asked me to express to Mr. Schaefer their sincere appreciation of your devotion and loyalty to the com- pany and extend every good wish for your continued success in the in- dustry." Mr. Silverstone added that he "concurred wholeheartedly" with the board's expression and voiced his per- sonal regrets over the termination of Mr. Schaefer's association with United Artists. Nelson Rockefeller Urged According to present indications, Nelson Rockefeller is being urged by leading creditors to serve on the direc- torate. W. G. Van Schmus, managing director of the Music Hall, is regarded as another choice for the Rockefeller people's second representative on the board. The selection of Schaefer to head the new RKO company is regarded en- thusiastically by all creditor groups whof have a high regard for his capa- bilities and his position of preeminence in the industry. His long record in ranking executive capacities and the personal esteem in which he is held by influential and representative factors in all branches of the industry is shared alike by the reorganization principals and RKO officials. Spitz Leader Since Early B. & K. Days Leo Spitz owes his affiliation with the industry to the fact that he be- came assoii [-?d with the Bak-^an & Katz circuit in Chicago when it acquired the Lub- liner - Trinz in- | terests in 1925. Though not a member of the ' board of Balaban & Katz as gen- eral counsel, he took an active part in its delib- erations, which led him into vari- ous phases of the industry, includ- ing the legal affairs of Paramount Publix. A close friend for years of John D. Hertz, New York and Chicago banker and transportation magnate and an early backer of B. & K, and later chairman of Paramount's finance committee. Mr. Spitz came to New York as an executive of Paramount in 1932. His interest chiefly was in consolidating the theatre interests, and his efforts are credited with having enabled Paramount to weather re- ceivership and bankruptcy. In 1933 he resigned and returned to Chicago. In 1935 he became president of RKO Radio, and in 1936 president of Keith- Albee-Orpheum. Leo Spitz Mulvey Star Rises In New U.A. Setup (Continued from page 1) the hands of Silverstone, who has been working industriously formulat- ing the new setup. Also expected, although unofficial, is that Jack Schlaifer may be assigned to the overall supervision of the west- ern sales division ; Harry Gold, east- ern, and Paul Lazarus,, on contracts. Officially, there is no indication of what may actually be done. Court to Hear GTP Case About Oct. 19 (Continued from page 1) strict the use to which his product shall be put once it passes into the hands of a purchaser, in this instance whether General Talking Pictures in- fringed the patent on certain ampli- fiers which were restricted by notice thereon to radio reception, when it used them in sound equipment. The case now is scheduled to be heard during the week of Oct. 17.; Chicago Trust Case Compromise Sought (Continued from page 1) be learned, and Rosenberg, Stein & \ Rosenberg, attorneys for the plaintiffs, declined to comment on the chances of an agreement being reached. Austin Keough and Y. Frank Free- man arrived from Chicago over the weekend, but could not be reached. Monday, October 10, 1938 MOTION PICTURE DAILY Hicks London Position Will Be Temporary No change in the status of John W. Hicks, Paramount vice-president and ■^■Seign head, has resulted from his temporary assumption of the posts formerly held by John C. Graham, who resigned as managing director for the company in Britain last week, high Paramount officials said Saturday. For corporate purposes' Mr. Hicks has been elected to the directorates of several Paramount British subsidiaries on which Mr. Graham formerly served and has taken oyer all of the latter's duties for the time being. All of these posts and duties will be turned over to Mr. Graham's successor when the ap- pointment is made, it was said. Mr. Hicks, however, is expected to con- tinue in charge of the London office for the next few months. He is not scheduled to return to New York until shortly before Christmas. No change in the Paramount home office foreign department results from the London situation, it was stated. ITOA Accepts Bid To Trade Confabs Some of Du Art Lab Strikers Back Today (Continued from page 1) Motion Picture Laboratory Techni- cians, Local 702. A 10 per cent increase in wages has been granted, it is understood, and oth^r terms are to be worked out by arbitration between Dick Walsh, LA. T.S.E. vice-president, Mr. Gottlieb and John H. Rugge, president of the local. The agreement provides for a settlement in 10 days. Additional strikers will go back to work as soon as the laboratory can , absorb them. The strike began eight weeks ago. Complaints against two union mem- bers charging felonious assault in an alleged attack on two non-strikers will be dismissed, Mr. Gottlieb said. He left Sunday for Toronto where Du Art maintains a plant. Directors of Ampa Scheduled to Meet Ampa directors are scheduled to meet today or tomorrow to consider a poll of members on several proposals that have been made for the coming year. One of these is an offer by the Hotel Astor to set aside a clubroom for meetings of industry organizations which will be used by the Ampa and other groups. The facilities, including dining service and a bar, will be open to members at all times. Other meet- ing places are under consideration. (Continued from page 1) for the invitation to work out a pro- gram of self-regulation and pointed out that the local group has been spon- soring the idea of a trade practice con- ference for the last two years. He also declared that legislation is not necessary and that industry problems can be worked out by "common sense business men meeting around a table." Mr. Brandt said further that he is hopeful a concrete program would re- sult from the negotiations. Grand National Men Hold Sessions Here The second and final sales meeting of Grand National Pictures was held at the St. Moritz over the weekend with about 35 home office officials and field sales executives in attendance. The sessions were presided over by E. W. Hammons, president ; J. H. Skirball, vice president and production head, and Edward L. Alperson, gen- eral sales manager. The meetings were addressed by these and T. R. Wil- liams, treasurer ; Gordon White, ad- vertising and publicity director; Har- old Saxe and Bruno Weyers of the home office staff, and Sam Berkowitz, vice president of Fine Arts Pictures. Attending the sessions were George Blake, secretary; F. X. Carroll, Rob- ert Doidge, L. J. Woodridge, Sam Citron and Philip Leonard of the home office ; Sol Edwards, circuit sales man- ager; Morris Safier, west coast dis- trict manager; Ralph Kinsler, middle eastern district manager ; Harry Asher, eastern district manager ; Jack La- mont, southern district manager. Also the following branch managers : Ar- thur Newman, Albany; Joe Levy, Buffalo; Israel Levine, New Haven; Merritt Davis, Charlotte; Jules Lapi- dus, Pittsburgh ; Moe Sherman, Phila- delphia ; Harry Brown, Washington ; John Himmlein, Cleveland ; and Peter Rosian, New York. Also Harry Gold- stone and Richard Perry of the New York branch sales staff. Screenings of four of the company's completed pictures supplemented the business sessions. Individual managers' meetings will conclude the session today. Consolidated Holds Its Biograph Lease A new five-year lease on the Bio- graph studios in the Bronx has been signed by Consolidated Film Indus- tries. H. J. Yates, head of Consoli- dated, plans some production for Re- public here and in addition will lease space to outside producers. The old lease on the property expired the first of this month. It is owned by the Empire Trust Co." Film Reviews Prove Over 95% Favorable Newspaper comment on films in the first nine months of this year has been 95.7 per cent favorable, only 2.7 ad- verse and 1.6 neutral, according to an analysis made by the Hays office and released over the weekend. _ The analysis includes 18 mimeo- graphed pages of editorial comment and reports of statements made by educators, civic officials, heads of bet- ter films groups and other leaders. It is offered by the Hays office without comment. Bronx Montr e Wins Stay Columbia Pictures Corp., Louis Kessler, Empire State Motion Pic- tures and Paramount Pictures have been restrained from prosecuting suits against the Bronx Montre Theatre Corp., owner of the Tremont, pend- ing reorganization of the company. Bronx Montre Theatre filed a petition for a reorganization on Oct. 3. Seek Loew Trial in N.Y. Before Delaware The nine Loew minority stock- holders who are plaintiffs in a consoli- dated action pending in the N. Y. Supreme Court against 11 Loew ex- ecutives will seek to bring their suit to trial in advance of a similar action filed in Chancery Court, Wilmington, late last week, it is learned. Both pro- ceedings charge excessive compensa- tion and seek cancellation of profit- sharing agreements. Emit K. Ellis, chief counsel for the plaintiffs in the consolidated suit, says the Delaware action will have no ef- fect on the suit pending here and that preparation for trial is being com- pleted, with the case on the November calendar. The filing of any additional pro- ceedings of this nature has been en- joined in this state by Supreme Court order, but the injunction has no ap- plication elsewhere. Two of the complaining stockholders in the Wilmington action, Hana W. Goldstein and Louis Susman, are also plaintiffs in the consolidated suit. An additional complainant, Edgar F. Stiner, is not involved in the New York action. A majority of the attorneys for the plaintiff in the suits which were later consolidated designated Mr. Ellis as chief counsel, and the choice was made official by court order. Plaintiffs in the Wilmington action objected, how- ever, and on Aug. 7 served notice of appeal. The sequestration of stock ordered in the Wilmington case against Louis B. Mayer, Nicholas M. Schenck, Ar- thur M. Loew and the Irving ThaJ- berg estate executors to insure their appearance in the suit is a peculiarity of the Delaware law. It provides for such attachment procedure in the event of a non-resident suit against a com- pany incorporated in Delaware. Weisman Is Granted $15,000 Allowances Federal Judge Martin T. Manton has granted Basil O'Connor a fourth ad interim allowance of $15,000 as at- torney for Milton C. Weisman, re- ceiver for Fox Theatres, in the equity suit brought by the Chicago Title & Trust Co. Judge Manton at the same time awarded Courtland Palmer, as the special master who passed on claims filed against Fox Theatres, a final allowance of $1,000. Mr. O'Connor, who had previously received three interim allowances total- ing $32,500, received the amount he had asked in his petition. The fee covers his services from July 1, 1937, to July 30, 1938. Mr. Palmer, who was appointed by Judge Manton on July 20, 1932, had previously received allowances totaling $12,500. Movietone Reel on Hayes Given Church A film biography of Cardinal Hayes compiled from Movietone News clips has been presented by 20th Century- Fox to the Catholic Church. Two prints, one to remain in the Arch diocese of New York, and the other to be included in the archives of the Vatican, have been accepted by Bishop Stephen Donahue. Jack Munroe, associate editor of the reel, made the presentation at the Chancellery in behalf of S. R. Kent. Supreme Cou^* May Decidey Doubles TV / <> (Continued from pan1-"- 1 the the double feature problem ^a: the broad nature of next we drew cussions are certain to inclu e':ro" duals issue. The Perelman case has been in "?16 Federal courts since 1933, when Phila- delphia independent exhibitors fir"' filed their complaint attacking the legality of clauses written into exhibi- tion contracts which barred the use of a second feature on the same pro- gram with the one being contracted for. The U. S. District Court at Philadelphia upheld the exhibitors' contention that the clauses were il- legal. Distributors appealed the case to the U. S. Circuit Court of Appeals at Philadelphia, which affirmed the lower court's findings. A rehearing of the case was then asked and granted. Thereafter, a memorandum reversing the lower court and. finding in favor of the distributors was made public but was recalled by the court the following day with the explanation that it had been issued by mistake. A new decision was handed down by the appeals court last fall reaffirming the lower court's findings. The dis- tributors then filed their application for a review with the high court just prior to its summer adjournment last June. MPTOA Leaders Meet Here Oct. 17 (Continued from page 1) delphia ; Charles E. Williams, Omaha ; M. C. Moore, Jacksonville ; Fred Wehrenberg, St. Louis; Arthur Lock- wood, Middletown, Conn., and Ed Levy, New Haven. From this group a negotiating com- mittee will be designated to meet with the distributors' negotiating committee of which Sidney R. Kent is chairman, Oct. 19. At the latter session final negotiations on M. P. T. O. A.'s trade practice views will be held. Allied States' national directors will also meet here Oct. 17 to discuss the distributors' proposals and designate a committee to negotiate further with the distributors' committee in a sepa- rate meeting Oct. 19. National direc- tors of Allied who are expected here for the meeting include Abram F. Myers, chairman ; Nathan Yamins, president; Sidney Samuelson, H. A. Cole, W. A. Steffes, Max Cohen, Irving Dollinger and others. On Oct. 19 or shortly thereafter the representatives of eight regional or- ganizations not affiliated with either of the national organizations will meet with the distributors' committee, as reported earlier. Richards, Goodyear File Ernest V. Richards, Jr. and A. Conger Goodyear, Paramount board members, defendants in the Govern- ment's anti-trust suit against the eight major companies, have filed notice of appearance in the Federal Court. The defendants are represented by Simp- son, Thacher & Bartlett. eo J CM © J. Selzn' q World ] S capaci*. he 1 a boj -go © 4 0 3- .3Q • ■SO .5 § 3 P IS 0> ^ p H O o s a^ S s ca *«j © „ is w is ^5 Q. co CO e ft? *! CO PQ d < < K > S3 X o K H o CM Q K O M « 2 -M 3 _ ^ g.S« CO 43 • •J?'"* fe ca o S S S flO §>jH > Eh- O S> o 1/5 43 §*«55 2 I* fl) 5 Oj § e fe S g ca 00 ts CO e <5 •a » o } u ra o> fe 4> US £ 2 ° I* flag's o _ § C to .2 5|8S ca ^- a (u C 3. ™ >> ? o «S wot00 TjO Ctf W-CA, g q o o O o « 43 00 ^ 43 S| M43 .So co v Q 5 (U ~ co _ oq 0 1 r'c CO ? » !1 coZ^I EC ga^ll' !». * Sf ? Om a 43 O-O fe SOO •a S a ■S^ a C4 O C3 St- 43 TJO . ^ a <-M W g q ■Bigs u o 00 u 2^ (0 43 .» u ■M 3 «^ olt 2oAi .2 °P ^ aa^ ^ a 3 43 H S11 o •a ca d> 0) ^ 'ii r3 boO'r ti- fe ca °o a O ^ ^ 19 U « V)~ 58 S? g « 2 343.*s § S =2 43H.^05 < 4^ S REPUBLIC Billy the Kid Returns (G) (O) Roy Rogers Smiley Burnette Overland Stage Raiders (G) (p) 3 Mesquiteers Prairie Moon (O) Gene Autry Down in "Arkansaw" (G) (D) Weaver Bros. Pinky Tomlin The Night Hawks (G) (D) Robt. Livingston June Travis Robt. Armstrong Song of the West (O) Gene Autry I Stand Accused Robt. Cummings Helen Mack Storm Over Bengal Patric Knowles Rochelle Hudson Colorado Sunset (O) Roy Rogers \ PARA. In Old Mexico (G) (O) William Boyd (3855) Campus Confessions (G) (C) Betty Grable (3802) Sons of the Legion (G) (D) Donald O'Connor (3803) King of Alcatraz (A) (D) /. Carroll Naish (3804) Touchdown, Army Mary Carlisle John Howard (3805) Arkansas Trav- eler (G) (C) Bob Burns Mary Carlisle (3806) Mysterious Rider (G) (O) (3807) Escape from Yesterday Farmer Erikson Tamiroff Men With Wings MacMurray Illegal Traffic Naish If I Were King Colman Rathbone MONOGRAM Starlight Over Texas (O) Tex Ritter Mexicali Kid (G) (O) Jack Randall Wanted by Police (G) (D) Frankie Darro Evalyn Knapp Mr. Wong, Detective (G) (D) Karloff Sweetheart of Sigma Chi (reissue) Mary Carlisle Where the Buffalo Roam (O) Tex Ritter Gangster's Boy Jackie Cooper Gun Packer (O) Jack Randall M-G-M Boys Town (G) (D) Spencer Tracy Mickey Rooney (902) Too Hot to Handle (G) (D) Clark Gable Myrna Loy Vacation from Love (G) (C)_ Florence Rice (905) Stablemates (G) (D) Wallace Beery Mickey Rooney (906) Listen, Darling Bartholomew Judy Garland (904) Young Dr. Kildare Lew Ay res Lionel Barry- more The Great Waltz Luise Rainer Fernand Gravet Miliza Karjus The Citadel Robert Donat Rosalind Russell Sweethearts Mac Donald Eddy COLUMBIA Colorado Trail (O) The Lady Objects Gloria Stuart Lanny Ross Juvenile Court Paul Kelly Frankie Darro The Stranger from Arizona (O) Buck Jones Dorothy Fay You Can't Take It With You (G) (C) Jean Arthur Girls' School Crime Takes a Holiday (G) (D) West of the Sante Fe (O) Flight to Fame Below the Rio (O) Buck Jones Homicide Bureau Bruce Cabot Rita Hayworth There's That Woman Again Melvin Douglas Virginia Bruce In Early Arizona Bill Elliott Dorothy Gulliver Revolt in Sahara Paul Kelly Lorna Gray • $ ON C/3 \ • & vo 1 00 00 • ■Cm O w CO CO • 6 " O ^ • 0 ^ 0 N t3 00 O ^ * 0 1—1 z * Monday, October 10, 1938 MOTION PICTURE DAILY "Take It" Is Smash Hit in Los Angeles Los Angeles, Oct. 9. — The house record established over the July 4 — ^;kend by "Snow White" was 7s Jashed by "You Can't Take It With You" at the Pantages, with a take of ^ $21,000 against par of $7,000. At the > Hillstreet the "Snow White" record was untouched, with "You Can't Take It With You" doing $18,000 against par of $6,500. "Too Hot to Handle" and "Meet the Girls" went over aver- age at the Chinese and Loew's State. Estimated takings for the week end- ing Oct. 5: "Too Hot to Handle" (M-G-M) "Meet the Girls" (ZOth-Fox) CHINESEr-(2,S00), 30c-75c, 7 days. Gross: $14,827. (Average, $12,500) "You Can't Take It With You" (Col.) HILLSTREET— (2,700), 30c-65c, 7 days. Gross: $18,000. (Average, $6,500) "Too Hot to Handle" (M-G-M) "Meet the Girls" (20th-Fox) LOEW'S STATE— (2,500), 30c-75c, 7 days. Gross: $20,138. (Average, $14,000) "You Can't Take It With You" (Col.) PANTAGES — (3,000), 30c-65c, 7 days. Gross: $21,000. (Average, $7,000) "Sing You Sinners" (Para.) PARAMOUNT— (3,595), 30c-65c, 7 days, 2nd week. Stage: F. & M. revue, Jack Du- rant, Kenny Gardner, Rube Wolf and his orchestra. Gross: $14,500. (Average, $18,000) "Garden of the Moon" (W. B.) "Juvenile Court" (Col.) WARNER BROS. (Hollywood)— (3,000), 30c-65c, 7 days. Gross: $12,189. (Average, $14,000) "Garden of the Moon" (W. B.) "Juvenile Court" (Col.) WARNER BROS. (Downtown)— (3,400), 30c-65c, 7 days. Gross: $10,839. (Average, $12,000) Council to Assist In Seat Regulation London, Oct. 9. — The London County Council has agreed to meet with the London and Home Counties Branch of the Cinematograph Ex- hibitors' Association, to advise on the application of the controversial seat- ing regulations recently imposed. It is understood this move will have no bearing on the announced inten- tion of the C.E.A. to carry its fight on the measure to the courts through a test case. The C.E.A. also is con- testing the council regulation that screens be of noncombustible material, claiming that metal screens are un- suitable for sound, are less portable and are inconvenient. Prize Tickets Oklahoma City, Oct. 9.— The city park board has ac- cepted an offer by Byron F. Moore, general manager of Standard Theatres, Inc., of 1,000 show tickets to be given weekly to under-privileged children for meritorious par- ticipation in playground and recreation programs of the park department. Programs and methods of grading children will be worked out by Donald Gor- don, Park Superintendent, and members of the recrea- tional staff. Hollywood Preview "The Mad Miss Manton" (RKO) Hollywood, Oct. 9.— "The Mad Miss Manton" combines the thrills of an exciting detective story and the laughs of a high speed comedy. Based on a unique original story by Wilson Collison, upon which Philip G. Epstein has superimposed a smart and clever screenplay, the piece has been expertly directed by Leigh Jason. As screen merchandise, it is all-audience entertainment. In the matter of exploitation, whether the showmanship is concerned with name values, appeal of story content or quality of production detail, the picture opens the doors wide for novel ideas. The efforts of a giddy society girl, aided by her gang of debutantes, to solve a baffling murder mystery by herself meanwhile almost driving a newspaper reporter and detective lieutenant to the verge of nervous breakdown is the plot basis. Her own dizzy, sometimes dangerous, ex- ploits in which romance with the reporter is born; the antics of her girl pals in unearthing a puzzling list of suspects and motives ; her amusing conflicts with the cops and reporter all make for exciting amusement. The melodramatic climax provides an emotion-stirring punch. Barbara Stanwyck's performance in the title role is a well turned job. So are those of Henry Fonda and Sam Levene, respectively, reporter and detective lieutenant. As the story nears the end Stanley Ridges arrives to become a menacing character. Good incidental performances are provided by Frances Mercer, Hattie McDaniels, James Burke, Paul Guilfoyle, Penny Singleton, Leona Maricle, John Qualen and the mem- bers of the debutante gang. No fears of competition need harass exhibitors who know how to sell their shows when "The Mad Miss Manton" comes to town. Running time, 78 minutes. "G." G. McC. Fanchon & Marco in Deals for Product Fanchon & Marco has consummated product contracts with 20th Century- Fox, RKO and Universal and deals with the other companies are under way. m . The circuit has 10-year franchises with 20th Century-Fox, Warners and RKO for St. Louis first runs, as part of the settlement of the Government's anti-trust suit against Warners three years ago, and new deals are set each year. Sam Dembow, Jr., is in charge of film buying. Removal of the accounting depart- ment to St. Louis has been completed bv F. & M., with activities now divided among Harry Arthur in St. Louis, Marco on the coast and Jack Partington and Mr. Dembow in New York. Mr. Partington has arrived on the coast and will also visit St. Louis before returning here in about two weeks. "Quiz" Gaining in Conn. New Haven, Oct. 9. — Indenendent exhibitors participating in the "Movie Quiz" contest now number about 55 in this area, with 13 newcomers dur- ing the week. Theatres which have joined recently include the Playhouse, New Canaan; Carroll, Hamilton, Cameo and Alhambra, Waterbury; E. M. Loew's, Hartford; Astor, East Hartford; Finn's, Jewett City; Capi- tol, Milford ; Strand, Plainville ; Strand, Thompsonville ; Strand, Sey- mour, and Bryan Memorial Hall, Washington Depot. Retitle "Bundle of Joy" Hollywood, Oct. 9. — "Everybody's Baby" will be the release title of the new Jones Family film produced by 20th Century-Fox under the title of "Bundle of Joy." Free "Quiz" Tickets Suggested by Seldes A suggestion that local exhibitors widen participation in the "Movie Quiz" contest by awarding free tickets to contestants who answer a reason- able number of questions has been for- warded to the Motion Pictures' Great- est Year Campaign Committee by Gil- bert Seldes, the critic. Mr. Seldes pro- poses that two or four seats be awarded with a provision that win- ners redeem their prizes in advance so that not more than 30 or 40 free seats are awarded for any date. Typical of efforts to stimulate inter- est in the drive is a tieup arranged by Ray Bell of the Washington commit- tee with Washington street railways. All street cars will carry banners for three weeks reading: "Motion Pic- tures' Greatest Year — Ride Street Cars or Buses to Your Favorite Theatre." The Chicago Herald and Examiner has offered 53 additional prizes for a total of $2,500 for readers who rank highest in the national quiz. Readers are required to clip 24 coupons from the paper and participate in the con- test. Large displays call attention to the new prizes and quiz pictures. A web banner is now located on top of a building at Broadway and 46th St. in space donated by the General Outdoor Advertising Co. General Out- door is also painting a sign next fo Loew's State. The banner is spon- sored by the West Side Association of Commerce. Ravenscroft Talking Deal Ralph Ravenscroft is closing a deal with Monogram for the release of his first production, "Tillie the Toiler." The film is scheduled to go in work at the Monogram studio within three weeks. William B. Jaffe, attorney, is handling the negotiations. 44 Daughters" Boston Hit; Gets $23,000 Boston, Oct. 9. — "Four Daughters," with "Campus Confessions," was the big noise in Boston last week. It drew $23,000, $12,000 over, at the Metro- politan. "Valley of the Giants" and "Time Out for Murder" grossed $9,500, $1,- 500 over, at the Paramount, and $5,500, up by $1,000, at the Fenway. Estimated takings for the week end- ing Oct. 1 : "Valley of the Giants" (W.B.) "Time Out for Murder" (ZOth-Fox) FENWAY — (1,382) (25c-3Oc-40c-55c) 7 days. Gross: $5,500. (Average, $4,500.) "I Am the Law" (Col.) "The Gladiator" (Col.) LOEW'S ORPHEUM — (2,970) (25c-35c- 40c -55c) 7 days. Gross: $11,000. (Average, $12,000) "I Am the Law" (Col.) "The Gladiator" (Col.) LOEW'S STATE — (3,537) (2Sc-30c-40c- 55c) 7 days. Gross: $9,000. (Average, $11,000) "Four Daughters" (F.N.) "Campus Confessions" (Para.) METROPOLITAN — (4,332) (25c-40c-55c) 7 days. Gross: $23,000. (Average, $11,000) "Valley of the Giants" (W.B.) "Time Out for Murder" (20th-Fox) PARAMOUNT — (2,907) (25c-30c-40c-55c) 7 days. Gross: $9,500. (Average, $8,000) "My Lucky Star" (20th-Fox) "Personal Secretary" (Univ.) RKO MEMORIAL— (2,790) (25c-40c-55c) 7 days, 2nd week. Gross: $8,000. (Average, $13,000) Engravers Confer Oct. 19 Washington, Oct. 9. — A trade practice conference for the photo-en- graving industry has been set for Oct. 19 at the Mayflower Hotel here by the Federal Trade Commission. Un- fair trade practices and unethical bus- iness methods in the manufacture and sale of photo-engraving plates will be discussed. Garland S. Ferguson, chairman of the commission, will pre- side. Wall Street Eastman Pfd. Gains 5 Points on Board Net Open High Low Close Col . 15 15 15 15 . 1% 1% 154 8J4 1% Cons. pfd. ...834 834 834 E. K •17954 179J4 178% 179 E. K. pfd. .168 171 168 171 G. T. E. . . 15% 15% 15% 15% Loew .... . 53J4 54 5354 5354 Para. , • 11% 1254 11% 12 Para. 1... . 95/* 95J4 95 95 Para. 2 • 11% 12% 11%, 11% Pathe , • 9% 10% 934 10 RKO , , . 2% 234 2% 2% 20th Fox . 2634 26% 26% 26% Univ. pfd. . 43 45 43 45 W. B. .. . 7 7% 7 7 W. B. pfd. . 36 3654 35% 3534 +5 + V - 54 + % + % +2% + 54 Curb Issues Change Lightly Net Open High Low Close Change G. N 7/16 7/16 % 7/16 +1/16 Monogram 1% 1% V/i 1% — % Tech 23% 23% 22% 2254 — % Trans -Lux . 2% 2% 2% 2% -f % Univ. Corp. 3% 3% 3% 354 + J4. RKO Bonds Rise 5'/z Points Net High Low Close Change Keith 6s '46 93 93 93 +1 Loew 3%s '46.... 102 102 102 + s/& Para. Pict. 6s '55 96 96 96 + 14 Para. Pict. '47.... 83 83 83 RKO 6s '41 74 69% 74 +5% W. B. 6s '39 81 80% 80% (Quotations at close of Oct. 7) MOTION PICTURE DAILY RADIO Monday, October 10, r 938 8 anner LINES ABELIEVE-IT-OR-NOT gleaned while talking to Bob Ripley. Rip states biggest publicity-getter in America today is dummy Charlie Mc- Carthy, and second biggest is Rip him- self. The cartoonist, incidentally, doesn't keep scrap books. His clip- pings are weighed and burned, month- ly. T President Lohr's office of NBC called by 'phone yesterday to learn if the item here the other day, about the plaque awarded to west cost v.-p. John Gilman for "colossal modesty in premiering the new studios without Hollywood fanfare, kleig lights, pretty girls and vice-president's speeches," was true. Mr. Lohr, it seems, was highly amused by the item. The col- umn gets around. T Sponsor loyalty is a terrible thing. Judging from his expres- sions, it's killing Ben Bernie to smoke a pipe (Ben without a cigar is like the w. k. mustard without the w. k. hot dog) but his new sponsor makes pipe tobacco, and so it's a bowl and stem for Ben. George Burns has been no less loyal to a cigar than Bernie, but George now is broadcasting for Chesterfields, and so it's cigarettes for him. T There's no end to the service one can obtain from a radio network. Recent- ly a British army private wrote NBC that his wife had just had a baby girl, and that as a gesture of international friendship he desired to name the in- fant in connection with American broadcasting. Whereupon NBC gave careful thought to the matter, with the following letter the result: "After considerable thought we reached the conclusion that Ameradio' might be an appropriate suggestion. Other possibilities are 'Nabroco,' which is an abbreviated form of Na- tional Broadcasting Co. ; 'Nabretta,' which is a combination of letters from National Broadcasting Co., Britannia and Electra. The word is from the Italian meaning 'symbol of electricity' and is the name of Marconi's daugh- ter as well as his yacht." T Irving Mansfield, the press agent, tried to convince Ken Lyons, anoth- er p. a., that he, Mansfield, had a "piece" of quiz program "Information Please." Cracked Lyons: "Say, even if you put a nickel in the slot and dialled 4-1-1, you'd still not get 'Information Please"'. — Jack Banner Hode to Talk on WQXR Hal Hode, executive of Columbia Pictures Corp., will enter a blanket defense for Hollywood in an appear- ance tonight at 9:45 P. M. over WQXR. Mr. Hode will defend Hol- lywood methods of production, block booking, typing of directors, and the star system in a talk titled "Holly- wood Talks Back." His appearance will be on the "Exploring Arts and Sciences" program, presented in co- operation with the Radio Division, Federal Theatre. Examiners9 Hearings Are Set by the FCC Washington, Oct. 9. — The Federal Communications Commission here is- sued orders for the holding of ex- aminers' hearings on broadcasting ap- plications as follows : Oct. 17: Applications of KSEI, Pocatello, Ida., for change of fre- quency from 900 to 600 kilocycles and increase of night power from 250 to 1,000 watts ; and NBC, for authority to construct mobile short-wave low- power stations for use in Washington, D. C, Hollywood, Cal., and Denver. Nov. 1 : Applications of Drohlich Brothers, for a 1,500-kilocycle station at Sedalia, Mo., with 100 watts power night, 260 watts day, and KPAC, Port Arthur, Tex., for change of fre- quency from 1,260 to 1,220 kilocycles and extension of time from day to unlimited. Nov. 16 : Applications of George H. Payne, for a 1,440-kilocycle, 500- watt station at San Jose, Cal., and Olney Broadcasting Co., for a 1,210- kilocycle station at Olney, 111., with 100 watts power night, 250 watts day. Nov. 30 : Application of John F. Nolan for a 1,310-kilocycle, 100-watt daytime station at Steubenville, O. Jones to Publicity Department of CBS Wade Jones, formerly of the Wash- ington Star, has joined the CBS pub- licity staff and beginning this evening he will take over the night trick of Hal Davis, who has been advanced to day duties. Another change in CBS publicity department operations finds Jim Kane taken off routine publicity duties to become a contact man with the vari- ous New York City radio editors. This post was previously held by Bob Taplinger, now with Warners, and Pat O'Toole, now with a talent agency. NBC Symphony Will Rehearse Tomorrow The NBC Symphony Orchestra will begin rehearsals tomorrow in prepa- ration for the new Toscanini-con- ducted symphony series which will re- turn Oct. 15 from 10 to 11 :30 P.M. on the Blue network. Mr. Toscanini arrived from Italy this morning. The symphony will number 74 men, as last year, but there have been ex- tensive revisions in personnel, 20 new members having been added. Mutual Signs Lowther George Lowther, who pens the scripts for the "Terry and the Pirates" and "Dick Tracy" network strips based on the newspaper cartoons of those titles, has been signed to write installments of "The Shadow" series, Mutual show sponsored by D. L. & W. Coal. Feldman to NBC Here Arthur Feldman has joined the NBC announcing staff in New York. He came here from WBZA in Boston, and previously was with WLOE, also Boston. Will Interview Roach Hal Roach will be interviewed by Gabriel Heatter on the "We, the People" program tomorrow over CBS. Mr. Roach will chat about his 25- year career in motion pictures. Horrors! Is it possible that the great Toscanini will "swing it" when he resumes his sym- phony series? Anyhow, among the 20 new musicians added to the orchestra dur- ing recent weeks is a trom- bonist from Paul Whiteman's band, a Fred Waring trum- pet player and another trum- peter from Benny Goodman's band. Seeking Permission For Oregon Station Washington, Oct. 9. — Authority to construct a new 1,310-kilocycle, 100- watt daytime station at Grants Pass, Ore., has been asked of the Federal Communications Commission by the Southern Oregon Broadcasting Co. An amendment to its application for a construction permit for a new sta- tion at Evanston, 111., was filed by the Northwestern Broadcasting Associa- tion, asking that the proposed fre- quency be changed from 1,040 to 1,310 kilocycles and the time of operation from day to unlimited, on 100 watts power. An application for permission to as- sign their licenses to the Lehigh Val- ley Broadcasting Co. was filed by B. Bryan Musselman, operator of WCBA, and WSAN, Inc., operator of WSAN, both of Allentown, • Pa. The two stations share time on 1,440 kilocycles, each with 500 watts power. "Tie and Sade" Will Return to NBC Web "Vic and Sade," who for the past season have been heard over CBS, will return to the NBC-Red network next week, broadcasting from 4:30 to 4:45 P. M. Their sponsor is Procter & Gamble. The "Gospel Singer," who also has been heard over NBC during the past six months, will return to NBC as soon as time can be cleared for him. Procter & Gamble will continue to sponsor his programs upon his return to the air. The Compton agency han- dles both above accounts. College Honors Dunham Dr. Franklin Dunham, NBC edu- cational director, has been elected an honorary fellow in Trinity College, London. The award, just voted Dr. Dunham, will probably be bestowed in New York early next spring, ac- cording to cable advices just re- ceived. Don Hancock Is Signed Don Hancock, announcer, has been signed as commentator for the Bur- ton Holmes screen travel series to do the commentaries. Mr. Hancock is heard on a number of network pro- grams, including "First Nighter." Angell to Speak Here Dr. James, Angell will deliver ad- dresses on radio and education at a meeting of the New York Life Insur- ance Co. in New York tomorrow, and at a conference on audioTvisual edu- cation at Atlanta the day following. World Series Air Coverage Is Extensive Radio's coverage of this season's World Series baseball games has be-? more extensive than in previous st ' sons. Not only did the three coast-to- coast chains, NBC, CBS and Mutual, carry play-by-plays of the games, but scores of independent stations through- out the country voluntarily hooked themselves into the networks, paying the line charges out of their own pockets. With approximately 700 sta- tions operating in the country, it may be estimated safely that about 500 sta- tions carried the play-by-play. As was the case the last two sea- sons of unsponsored World Series broadcasts, the networks suffered heavy financial burdens in cancella- tions of commercial programs. NBC's Red network and CBS were hit par- ticularly hard, for the early and late afternoon hours on those webs are fairly well sold out commercially be- tween the hours of approximately 2 and 4 :30 P.M., the average periods the games were covered. The Blue network and Mutual suffered to a lesser extent, the game time periods on those networks being liberally sprinkled with sustaining time. NBC Has Two Staffs Working NBC particularly extended itself this year, for the first time assigning twp separate staffs of sports commen- tators to describe the play-by-plays and color for the Blue and Red audi- ences. Previously, NBC placed but one staff on the air for both of its net- works. The Red commentators : Red Barbour of WLW and Tom Manning of WTAM, play-by-plays, and George Hicks handling color from the Na- tional League parks. Paul Douglas of CBS took over Hicks' assignment from New York. John O'Hara of KWK and George Higgins of WTCN handling play-by-play on the Blue, and Al Rosewell of KDKA doing color. The CBS staff comprised Francis Laux of KMOX and Bill Dyer of WCAU doing play-by-play, and Mel Allen of WABC, the color. Mutual's sports battery was Bob Elson of WGN broadcasting from Chicago and New York ; Stan Lomax, WOR, New York games; Dave Driscoll, WOR, New York games, and Quin Ryan of WGN, doing the Chicago games. The networks will not divulge how much in actual cash it has cost them via commercial cancellations, but esti- mates within the industry for the three webs have it at approximately $35,000- $40,000. Dewey on NBC Network A statewide hookup of NBC sta- tions, similar to the one recently ar- ranged for him over CBS stations, has been obtained for Thomas E. Dewey, Republican candidate for Gov- ernor of New York. The series, five broadcasts in number, will be heard Mondays from 6:30 to 6:45 P. M., starting today, over WJZ, WABY, WSYR, WEBR, WJTN, WMFF. Additionally, his campaign talks will be heard in recorded form over WHAM, WGY and WMBF. The broadcasts are being financed by the Non-Partisan Citizens Committee. Alert. Intelligent MOTION PICTURE DAILY 44. NO. 71 NEW YORK, TUESDAY, OCTOBER 11, 1938 TEN CENTS Dual Control By Contracts Hit by Court Supreme Bench Refuses Phila. Case Review Washington, Oct. 10. — Regulation of double featuring by contract clauses suffered a vital setback yesterday when the U. S. Supreme Court denied a petition by six major distributors for a review of the decision of the Phila- delphia Federal court in the so-called Perelman case, which held the in- clusion of such clauses in contracts to be illegal. In another ruling, however, the Su- preme Court found that it had "prob- able jurisdiction" in the Dallas anti- trust case, thereby paving the way for a review of the lower court decision in that action. The regulation of double featuring by contract restric- tions is involved in the Dallas case in a modified form. The Perelman case involved the legality of a contract clause prohibiting the showing of a second feature on the (Continued on page' 6) Supreme Court to Act on Ascap Laws Washington, Oct. 10. — The U. S. Supreme Court acted today on two petitions involving the Washington and Florida anti-Ascap legislation, the first legal maneuvers to reach the high court since the enactment within the past two years of anti-Ascap stat- utes in six states. The Supreme Court agreed to a hearing of Ascap's appeal from the dismissal of its action attacking the constitutionality of the Washington statute by the lower court on the (Continued on page 6) NAB Studying Press Fight on Censorship Washington, Oct. 10. — The Na- tional Association of Broadcasters is making a study of newspaper and periodical material opposing Govern- ment censorship of radio. Editorials and press comment from all over the country have been forwarded to the N.A.B. headquarters. Additionally, a library containing all information and literature ever (Continued on page 16) "Spokesman" Speaks Hollywood advises that a "spokesman" for Samuel Goldwyn has revealed that the producer is trying to gag all agents, and that hence- forth only Mr. Goldwyn can make statements regarding what talent or properties he hires or fires, and why. Also, this unidentified spokesman asserts that Mr. Goldwyn has warned all agents to this ef- fect, and that the producer threatens to provide for can- cellation of contracts wher- ever such agents are caught talking out of turn. According to this "spokes- man" Mr. Goldwyn will can- cel whether the information released by the agent is "true or false." Westinghouse Is Upheld in Suit on Television Patent Wilmington, Oct. 10. — Judge John P. Nields, in U.' S. District Court, to- day decreed the Patent Office erred in awarding priority to Henry Joseph Round (RCA) on a potassium layer photo-electric cell with ciscrete par- ticles or elemental areas, used in tele- vision apparatus, and that priority to the patent application belonged to Vladimir Zworykin (Westinghouse) . The U. S. Commissioner of Patents, therefore, is directed by Judge Nields to allow some 14 claims in contro- versy in Zworykin's 1923 application. Westinghouse sued RCA over prior- ity rights to the patent. U. S. FIRMS END FILM SERVICE IN ITALIAN MARKET Offices to Be Kept Open Until Dec, 31 While Concessions Are Sought on Government's Decree Taking Over Distribution All major distributors have discontinued film shipments and selling services to Italy in the latest development in connection with the in- creasingly critical situation affecting world film markets. Major company offices in Italy will be kept open pending the outcome of negotiations in Rome for a modification of the decree creating a film distribution monopoly for the Government controlled E.N.I.C. Italy has extended the date for final compliance with the decree to Dec. 31 and home office foreign departments indicated yesterday that their Italian offices will remain open until that date even though no modifications in the decree are granted in the meantime. With the discontinuance of film Rodgers Hopeful for Conference Success Chicago, Oct. 10.— William F. Rodgers, general sales manager of M-G-M, passing through here en route to Grand Rapids to address the Allied of Michigan convention, de- clared he is hopeful that a great deal can be accomplished at the meetings between distributors and exhibitors scheduled to start next week. He said, "Every phase of the buy- ers' and sellers' relationship will be discussed. Naturally a very serious effort will be made to settle any dif- ferences that may exist in these two branches of the industry." Rodgers went on to say that the conferences will last as long as necessary to set- tle differences. "Snow White" Heads for $6, 000, 000, Record High Radio News— P. 16 "Snow White" is headed for an all- time world record, surpassing any predecessor film, the film doing a champion domestic gross of nearly $4,- 000,000, and probably $6,000,000 aggre- gate around the world. It's never been equaled. The film cost $1,670,000. The British take, alone, may run to $1,250,000. Warners' original Al Jolson talker, "The Singing Fool," is the nearest grosser of record, with $5,250,000. The "Snow White" take is unusual in the face of the fact that addition- ally much of the continental European business has been swept away by iden- logical recriminations. The picture is continuing with nu- merous repeat bookings in this mar- ket and, according to present indica- tions, may have the longest playing life of any film yet released. It may not have scratched the foreign market possibilities yet, but a gross of approx- imately $1,250,000 is believed not to be impossible in England. The recent war scare cut into the picture's early playing engagements in England and on the Continent as in other films. William Levy, Disney (Continued on page 6) shipments to Italy, all dubbing activi- ties by American companies in that country has been ended. Italian law requires that versions intended for dis- tribution there be recorded in Italy, and (Continued on page 6) Gold, Schlaifer To Share Control Of U.A.'s Selling Harry Gold, as eastern division sales manager for United Artists, and L. J. (Jack) Schlaifer, as western division manager, will have complete charge of the company's domestic sales organization, Maurice Silverstone, executive head of the company, said yesterday. In making known the appointments, Mr. Silverstone stated that no "gen- eral manager" would be named, a title held by Schaefer, who was vice-presi- dent and general manager of domestic distribution. Mr. Silverstone also stated that "no one will be brought into United Artists to direct its do- mestic sales." It was pointed out that the opera- tion of all of the activities of the company, including sales in the United States and Canada, "come within Mr. Silverstone's general direction as chief executive officer of its worldwide affairs." In commenting on the appointments, Mr. Silverstone said that they re- flected his confidence and respect and that of the company owners for his sales chiefs and was an acknowledge- ment and tribute to the entire sales organization. MOTION PICTURE DAILY Marquee Test Case Will Be Postponed Hollywood Letter A test suit to determine the right of the Board of Standards and Ap- peals to waive size limitations on marquees in special cases will come up for hearing in the N. Y. Supreme Court today but will be adjourned. Newsreel Theatres, Inc., which erected a four-foot marquee on its uptown house has obtained permission to in- tervene. Permission to erect the marquee was originally denied by the Building De- partment because of a two-foot regu- lation in the Administrative Code, but an appeal was taken to the Board of Standards and Appeals and per- mission was obtained. Later Rutgers Presbyterian Church, Wood, Dolson Co.L Inc., and Chemical Bank & Trust Co. sued, challenging the board's right to waive statutory requirements. A resolution to permit nine-foot signs on marquees was passed by the City Council in June, but awaits action by the Board of Estimate. Eight New Pictures Approved by Legion The National Legion of Decency for the current week has approved eight of nine new pictures, seven for general patronage and one for adults, and classified one as objectionable in part. The new films and their classi- fication follow. Class A-l, Unobjectionable for Gen- eral Patronage — "Guilty Trail," "A Man to Remember," "Man With 100 Faces," "The Night Hawk," "Stable- mates," "Stranger from Arizona," "That Certain Age." Class A-2, Un- objectionable for Adults — "Last Ex- press." Class B, Objectionable in Part — "Broadway Musketeers." Richards En Route East Hollywood, Oct. 10. — With his company's first picture, "The Headleys At Home" completed and in the cut- ting room, B. W. Richards, president of Standard Pictures, left for the east today by motor. He was accompanied by George Laganas and George E. Trainor, members of the board, who have been here for two weeks. The party will stop in Denver, Kansas City, Chicago, Detroit and Cleveland. AFL Hears Rosenblatt Houston, Oct. 10. — Laws cancel- ling the right to vote by subversive elements were urged at the American Federation^ of Labor convention here today by Sol A. Rosenblatt, New York film attorney. Mr. Rosenblatt spoke in his capacity as impartial chairman of the cloak, suit and skirt industries. In his speech he attacked those who seek a change in the American form of government. Lachmann to Annapolis _ Marc Lachmann, national exploita- tion manager at 20th-century Fox, left last night for Annapolis to ar- range a private showing of "Sub- marine Patrol" at the U. S. Naval Academy there. Station Increases Stock Richmond, Oct. 10.— The Times- Dispatch Radio Corp. here, has filed a charter amendment increasing its maximum authorized capital stock from $80,000 to $130,000. Hollywood, Oct. 10 THE N.L.R.B. hearings on the question of when an assistant director's a director, if ever, and when he isn't, etc., has ended. The guilds are striving mightily to get their tasks done, working on basic agreements. Presently it looks as if a pressing problem is how the actors and the agents will settle their end. T Merritt Hulburd, who quit motion picture production to become associate editor of The Saturday Evening Post, quit magazine publication to sign up with Selznick International as an associate producer under David O. Selznick. He'll be out here around Nov. 1 getting set to produce "Inter- mezzo," which the company has just acquired from Svensk Filmindustri. ▼ Cecil B. DeMille has decided to film the Cheyenne, Wyoming, se- quences of "Union Pacific," his Paramount commitment, at Iron Springs, Utah. . . . Terry Kil- bourne has been lent by M-G-M ALLYN BUTTERFIELD, manag- ing editor of Pathe News, returned last night on the Normandie after mak- ing arrangements for extended European coverage. Among other arrivals were Julius Steger of 20th Century-Fox; Georges and Mrs. Metaxa, Claire Luce, who said she will play in a road company of "Of Mice and Men" ; Tamara Geva, Reg Connelly, John Barbirolli and Colette d'Arvtlle. • E. C. Grainger, general manager of the Feiber & Shea Circuit, returned yesterday from a two-week trip through Ohio and Pennsylvania dur- ing which he visited all the company's 35 houses for talks on the "Movie Quiz" contest. • George W. Weeks, Monogram sales manager, left yesterday for Detroit, Cleveland, Gloversville, Buf- falo and Boston. He will be away about 10 days. • H. A. De Vry, president of the De Vry Corp., is in town from Chi- cago for several days on plans to en- large the New York office. Herb Miller, managing editor of The Exhibitor, is the father of a baby girl born Sunday night at Hanneman Hospital, Philadelphia. L. W. Conrow, president of Altec Service Corp., has returned after a two-week trip to Altec offices in the south. • Jack and Vicki Walker leave for San Francisco soon. • Clayton Rawson's book, "Death from a Top Hat," has been purchased by M-G-M. to Hal Roach for "Topper Takes a Trip." . . . Franklyn Warner has given Charles Lamont the "go" signal on the second Fine Arts Cipher Bureau picture for G. N. which will be called "Inverted Cipher." Standard Pictures has completed "The Headleys at Home," its first film for the same distributor, and is deep into "20,- 000,000 Witnesses" under direction of Chris Beuete. T Cary Grant, Douglas Fairbanks, Jr., and Victor McLaglen finished up their chores in RKO's "Gunga Din" at the Lone Pine location early in the week. . . . Bernard Vorhaus is to be Bobby Breen's house guest for two weeks prior to directing the boy star in Prin- cipal's "Fisherman's Wharf" so he'll know the boy better when they get go- ing. . . Robert Taylor's going interna- tional again in M-G-M's "Hands Across the Border." . . . Claire Trevor will star in Walter Wanger's "Stage Coach" under John Ford's direction. Roscoe Williams WA. SCULLY, Universal gen- • eral sales manager, is expected back in New York tomorrow from a visit to the studio for a look at re- cently completed pictures. William F. Rodgers, M-G-M sales chief, is due in Grand Rapids today to address Allied of Michigan on trade practices. He is expected back here next weekend. • Russell T. Erwin, Jr., and Rod- erick M. Warren, who have been making a film on Irish sports for Grantland Rice, returned Sunday from abroad. • Gabriel Pascal, English producer, arrived yesterday on the Normandie to attend the opening of "Pygmalion" here. • Roy Haines, eastern and Canadian sales manager for Warners, returned to his desk yesterday from a trip to nearby branches. • Tom Connors, M-G-M southern division manager, is touring the south and is due back next week. Ax Adams, Republic advertising head, picked four losers in college football last Saturday. Fred Bellin of Spectrum Pictures is having his New York headquarters enlarged. • James R. Grainger, Republic presi- dent, is due next weekend from a tour of exchanges. • Robert Smeltzer, Warners central district manager, is in town for con- ferences at the home office. Tuesday, October II, 1938 KMT A Will Send SO To MPTOA Meeting Oklahoma City, Oct. 10. — Frank Cassil, president of the Kansas-Mis- souri Theatre Association, has sent a list of 30 delegates from his associa- tion and the Kansas City territory who will attend the national M. P. T. O. A. convention at the Biltmore Hotel here Oct. 30 through Nov. 2. Those included were Cassil, GejT -e Harttman, T. W. Edwards, K?- J. Simmons, Roy Dunnock, H. J. Stroig, C. H. Barron, O. F. Sullivan, S. Schwan, George Nescher, Warren Weber, Ed Rolsky, John C. Stapel, R. R. Bichele, Mrs. June Metcalf, K.M.T.A. secretary; H. B. Doering, J. C. Pennington, W. J. McKinney, Louis and Sam Sosnay. Also, Fenton Jones, Frank Bowen, Russell Borg and Pat Pinnell, Grand National ; Ben Marcus, Columbia ; Douglas Desch, G. B. ; Bill Warner, Warners ; Charles Gregory, National Screen Service, F. C. Hensler, Loew's ; E. A. Harris, Alexander Film Co. Barnard, Paramount Exchange Head, Dies Indianapolis, Oct. 10. — E. J. Barnard, local Paramount branch manager, died suddenly here today. He had been associated with the com- pany since 1924. Barnard joined Paramount as as- sistant shipper in the ad sales de- partment of the Chicago exchange and later became a sales manager in In- dianapolis, Cincinnati and Chicago. He became a salesman in Chicago in 1927, and in March, 1933, was ap- pointed sales manager there. In Au- gust, 1936, he was assigned to the Indianapolis exchange as manager. Lederer Rites Today Funeral services will be held today for George W. Lederer, musical comedy producer, who died Friday. A son, Charles Lederer, is one of Hol- lywood's outstanding screen writers. Lederer was a pioneer in the produc- tion of the musical comedy type of entertainment. MOTION PICTURE DAILY (Registered U. S. Patent Office) MARTIN QUIGLEY, Editor-in-Chief and Publisher; SAM SHAIN, Editor; JAMES A. CRON, Advertising Manager. Published daily except Saturday, Sunday and holidays by Quigley Publishing Company, Inc., Martin Quigley, president; Colvin Brown, vice-president and treasurer. Publication office: 1270 Sixth Avenue at Rockefeller Center, New York. Telephone: Circle 7-3100. Cable address: "Quigpubco, New York." All contents copyrighted 1938 by Quigley Publishing Company, Inc. Ad- dress all correspondence to the New York office. Other Quigley publications: Motion Picture Herald, Better Theatres, Teatro al Dia, International Motion Picture Almanac and Fame. BUREAUS:— Hollywood: Postal Union Life Building, Vine and Yucca Sts. ; Boone Mancall, manager; William R. Weaver, editor. Chicago: 624 S. Michigan Ave., C. B. O'Neill, manager, London: 4 Golden Square, W. 1: cable address. Quigpubco, London; Hope Williams, manager. Entered as second class matter Sept. 23, 1938, at the post office at New York, N. Y., under the act of March 3, 1879. Subscription rates per year $6 in the Americas and $12 foreign. Single copies 10c 4 Purely Personal ► BELIEVE IT OR NOT This picture was taken on opening day of the SECOND WEEK! THROW AWA FORGET ALL YOU EVER IS PAYING Smart showmen all over llu WARNERS! PARAMOUNT! RKO u N I V E R S A L' starring BELA LUGOSI you play them together ! AND THEN THE CROWDS HE BOOKS! [NEW ABOUT SHOWMANSHIP! OIF AGAIN . ountry are cashing in on it! OEWS! FOX WEST COAST! yon dare them to see it! BREAK DOWN YOUR DOORS! MOTION PICTURE DAILY Tuesday, October II, 1938 U.S. Firms End Shipments to Italian Market (.Continued from page 1) all sales services, such as advertising and publicity aids, also have been discon- tinued. The South American market is another known trouble spot for American film companies, according to present straws in the wind, which promises to become an ill one before long. The No. 2 foreign revenue pro- ducing sector is rapidly succumbing to the fanning of national prejudices and industry sources here anticipate restrictions of a harsh nature. Europe and the Orient have pro- vided the South American countries with numerous precedents and patterns by which they can promote their na- tive film industries at the expense of the United States. Added to the economic factor is the infusion of prop- aganda from continental European countries, and both together promise soon to provide a first class headache for New York executives. Trend Is Against U. S. Films So marked is the trend against American films in various parts of the world that industry sources here en- visage a self-sufficient American film industry, with the English speaking countries virtually the only market for our product. While with few exceptions quota and tax regulations abroad have re- mained unchanged in the last year, a number of new factors have arisen that have contributed to the dwindling re- turns. Two of the most recent are the ex- tension of Nazi rule to Austria and Czechoslovakia and the Italian anti- American decree. While Germany and France con- tinue to throw up forts they have not erected any additional commercial barriers against U. S. films in the last year. The Nazi territorial expansion toward the east has curtailed Ameri- can revenue in Austria and Czechoslo- vakia. In the latter country about half of the American companies' revenue possibilities have been taken over by the Nazis, including the luxury resorts of Karlsbad and Marienbad and the industrial cities in the eastern portion of the annexed territory. Warners to Quit Austria M-G-M, Paramount and 20th Cen- tury-Fox continue to operate in the German territories, but on the basis of Warners' withdrawal from Germany some years ago that company will cease its distribution in the annexed territory. Japan continues a sore spot. While limited shipments of film were re- cently resumed, the question of frozen currency is a problem. The American companies have received no money from Japan since last July, and the total of embargoed currency runs be- tween $6,000,000 and $7,000,000. Recently it was arranged that new shipments could be paid for in three- year notes drawing no interest. The currency is turned over by the Japanese account to the Government, which guarantees the notes. The paper is deposited in the San Francisco branch of the Yokohama Specie Bank and is to remain there until maturity. Quota's Heavy Bill The British quota act which went into effect last spring will cost American film com- panies a minimum of $85,- 000,000 for production during the 10 years of its existence, according to estimates made by Hays office sources. It is emphasized that this figure is the basic minimum, computed on the cost of single quota credit films, ap- proximately 575,000 each, and that the total undoubtedly will run much higher. This amounts to a loan, without in- terest, to the Japanese Government which has been pressed for cash with which to prosecute its Chinese adven- ture. The companies entered into this arrangement as a means of getting out enough money to pay for prints. Empire State Union To Reelect Officers Present officers of the Empire State M. P. Operators' Union will be un- opposed at the annual election sched- uled for Oct. 18. All nine members of the executive board have also been renamed, but six additional nomina- tions have been made. The nominations are Abraham I. Kindler, president; Benjamin S. Greenstein, vice-president ; Leon Dia- mondstein, financial secretary-treas- urer ; William Santarsiero, recording secretary ; Harry Fischman, business agent, and Peter Elarde, Jr., sergeant- at-arms. Nominated for the execu- tive board are Nick Pitta, Charles Palowsky, Jack Millet, Alfred Schnall, Reuben Weissman, William Green- span, Abraham Silverman, Ignatius Ricca and Michael Finkelstein, pres- ent incumbents, and Louis Davis, Fred Rose, James Quinn, Joseph Morasco, Harry Rubin and Edward Levine. Pascal to Do Film For MGM on Coast Gabriel L Pascal, British independ- ent producer, will make a film in Hollywood for M-G-M, he said on arriving last night on the Normandie. It will be a George Bernard Shaw play, either "Devil's Disciple" or "Caesar and Cleopatra." The story will be decided in confer- ences with Louis B. Mayer on the coast. Mr. Pascal will also supervise the editing of "Pygmalion," which M-G-M will release. Mr. Pascal said he is financing his own productions. His next picture will feature Maria Dea, whom he "discovered" in Europe. Victor Schertzinger, another ar- rival, returned from London, where he directed "Mikado," Gilbert & Sul- livan operetta, for Geoffrey Toye. He said it is planned to make other Gil- bert & Sullivan shows as films, and he will return to England next year to produce "Yeoman of the Guard." Ladislas Szucs, former head of Vita studios in Vienna, which are now known as Tobis Sascha, arrived on the boat with a collection of music material, stories and plays which he will offer to film studios. His Bebo- ton Verlag in Berlin, music publish- ing house specializing in film scores, was confiscated by the German gov- ernment. He now heads the Violin Publishing Co. in Budapest. He will leave for the coast in two weeks. C. F. Hopkins Recovering Harrisburg, Oct. 10. — C. Floyd Hopkins, district manager for Wilmer & Vincent, is recovering from in- juries received when hit by a train last Thursday on a grade crossing at Utica. He had gone there to attend funeral services for John Maloy, former manager of the State at Altoona. Hopkins suffered a back in- jury and cuts around the eyes caused by the breaking of his glasses. Snow White" Heads for $6,000,000, Record High (Continued from page 1) representative in London, who is now in New York for conferences with Roy Disnev, reported that thousands of families moved from the city to rural sections as the threat of war be- came increasingly acute, a fact which may have had a more telling effiect on "Snow White" grosses during the past month than on other pictures for which the juvenile trade is less important. The indicated $5,500,000 from the American and British market will be supplemented by a world gross else- where sufficient to establish a new all- time gross record, according to cur- rent estimates. The present all-time record is held by Warners' "The Singing Fool," with a world gross of about $5,250,000. M- G-M followed this with two pictures over the $4,000,000 figure but under $5,000,000. They were both silent pic- tures, "The Four Horsemen of the Apocalypse" leading with $4,500,000 and "Ben Hur," released five years later in 1926, with a gross of $4,000,000. Six pictures made the $3,000,000 or better class. They are, Warners' "Jazz Singer," a 1927 release, which grossed $3,500,000; M-G-M's "The Big Pa- rade," released in 1925, which grossed $3,500,000 ; D. W. Griffith's "Birth of a Nation," released in 1915, which grossed $3,500,000 ; Fox's "Cavalcade," $3,500,000, and "Sunny Side Up," $3,- 300,000, and M-G-M's "Broadway Melody," 1929, which reached the $3,- 000,000 mark. United Artists' "Whoopee," "Kid from Spain," "The Gold Rush" and "The Kid" all grossed better than $2,- 500,000. RKO's best was "Little Wo- men," released in 1933, which grossed $2,250,000. "The Ten Command- ments," released in 1923, piled up a gross of better than $2,500,000 for a Paramount record. "All Quiet on the Western Front" still stands as Uni- versal's best with slightly under $2,- 000,000. "Lost Horizon," a 1937 Col- umbia release, is still being played, but already has established a record gross for that company in excess of $2,000,000. Dual Control By Contracts Hit by Court (Continued from page 1) same program with any pick covered by the license agreement.',' refusing to review the lower court de- cision holding such clauses to be il- legal, the Supreme Court barred the regulation of duals by this means. In the Dallas case, the contracts involved applied only to specific pictures which, if exhibited by the first run at desig- nated minimum admissions, had to be exhibited in subsequent runs at other designated admission prices and then only on a single feature program. With tjie high court's finding that it had "probable jurisdiction" in the Dallas case, the wav was left open for distributors and the Interstate Cir- cuit to apply to the court for a review of the lower court's decision holding such contracts to be in violation of the Sherman and Clayton Acts. The case was before the Supreme Court last term, but was remanded to the Texas court for further action because of the failure of that court to show findings of fact and conclusions of law, as re- quired bv the rules. The case, however, involves only the limited regulation of double fea- turing in that it can be applied only to specific pictures. Distribution com- panies are more hopeful of a solution of the double feature problem being reached through intra-industry agree- ment now than through court rulings on contract prohibitions. Supreme Court to Act on Ascap Laws (Continued from page 1) grounds that the jurisdictional amount of $3,000 was not involved. In the Florida case, the high court denied a motion by the state's attorney to va- cate a decree by the Federal district court for northern Florida and held that it had probable jurisdiction over the injunction suit brought by Ascap to restrain enforcement of the state law. The court also granted Ascap's petition for the substitution of the present Florida attorney general as a party to the case in place of the de- ceased official against whom the pro- ceedings originally were directed. The Washington case is of more importance in that it brings into ques- tion the validity of the state law against the music licensing society, whereas the issues in the Florida case are still of a preliminary and techni- cal nature. In its appeal in the Wash- ington case, Ascap replied to the lower court's jurisdiction citation by pointing out that the state law inter- fered with 528 contracts between the society and Washington users of its music, from whom it has received $60,000 a year. Ascap argues the statute denies it the equal _ protection of the laws and deprives it of property without due process. "Clown" Will Open Today G. B's. "A Clown Must Laugh" will have its American premiere at the Little Carnegie Playhouse today. MOTION PICTURE DAILY I Tuesday, October II, 1938 High Court to Hear U.A. Tax Case Appeal Washington, Oct. 10. — The U. S. ''Jfcreme Court held today that it had jumble jurisdiction over the appeal of West Virginia authorities from an s injunction granted by the lower court against enforcement of the state use tax law against United Artists. United Artists sued to enjoin the state from collecting one per cent of the gross proceeds received from ex- hibition of its films in West Virginia, and the court issued the injunction on the ground that the company was not engaged in business in West Virginia, and that its activities constitute inter- state commerce. The action was ini- tiated by the company as a "test" case. The state, in appealing, contends that the company is engaged in busi- ness in the state sufficiently to be sub- ject to the tax, is not engaged in in- terstate commerce relative to local exhibition of its films in West Vir- ginia, which is the sole activity sought to be taxed, and that the tax does not place an invalid burden upon interstate commerce, which is purely incidental to a local activity within the state. Convention Opened By Michigan Allied Grand Rapids, Mich., Oct. 10. — Allied Theatre Owners of Michigan opened a three-day annual meeting here today, with about 150 members in attendance. Business sessions 'are scheduled for tomorrow and Wednes- day. The Board of Directors met to- night. The theatre men have a golf tourna- ment scheduled for tomorrow morning, and a reception and screening in the evening, in addition to the business meetings. Presiding is Ray Branch of Hast- ings, president, with Pearl M. Sprott, executive secretary from Detroit, in charge of registrations. The arrange- ments committee includes three Grand Rapids men, Alien Johnson, Walter Semeyn and Roy Taylor. GB Firm Net £111,889 London, Oct. 10. — A net profit of £111,889 is reported by Associated Provincial Picture Houses, a Gau- mont British subsidiary, for the year ending May 31, 1938. A dividend pay- ment for four per cent brings the year's total dividend to six per cent, leaving a balance of £90,511 carried into the next fiscal year. Stevenson Off to Coast T. Kennedy Stevenson, president of Erpi, left by train last night for the coast. The trip will be Mr. Steven- son's first visit to the company's west coast offices and the studios since his election to his present post early in September. Monopoly, "Quiz" Iowa Allied Topics Des Moines, Oct. 10— Hearty in- dorsement of the Federal anti-trust suit against motion picture monopoly and pledging full support thereof, and indorsement of the Neely Anti-Block Booking Bill unanimously pledging to support its enactment at next session of Congress was expressed in resolu- tions adopted at the annual meeting of the Allied Independent Theatre Own- ers of Iowa and Nebraska held here today at the Kirkwood Hotel. Approximately 1,120 independent theatre men, film exchange managers, and others connected with the theatre industry were present for the noon luncheon that opened the session. G. Ralph Branton, Iowa and Ne- braska chairman for the "Movie Quiz," outlined the progress of the "quiz" in this territory. The assembly moved that Mr. Branton request the New York head of quiz to extend time for two months to allow theatres that re- ceive later pictures to take part in the contest. Leo F. Wolcott, president of the organization, visualized a world with- out war and an industry without abuses. He stressed the fact that the- atres in the average town are 10 years ahead of other business in point of modern methods of merchandising. Mr. Wolcott presided at the business meeting of the group following the luncheon. Nominating committees were appointed and the session ad- journed until tomorrow. Para. Publix Claim Expunged by Court The claim of Orvis Mundi Realty Corp. for $57,706 against Paramount Publix Corp. was expunged yesterday by Federal Judge Alfred C. Coxe on application of Paramount Pictures, Inc., successor to Paramount Publix. The order expunging the claim con- firmed a recommendation to that effect made by Special Master John E. Joyce in a report filed Oct. 6. Para- mount Pictures stated that Orvis Mundi, its subsidiary, had assigned a claim to Paramount Pictures Dis- tributing Corp. as security for an in- debtedness, and that subsequently the latter had merged with Paramount Pictures. Los Angeles, Oct. 10. — In the first move of the kind here publishers of Los Angeles newspapers have agreed to a number of concessions on film news in theatre sections. Film men pointed out that approximately 1,750,- 000 attend film theatres weekly in Los Angeles and vicinity while only 50,000 to 100,000 witness sports events weekly. The theatre men were headed by Rodney Pantages. They have exacted promises of an appreciable increase in film news, and the stopping of subsi- dizing sports events, circuses and car- nivals, unless for charity purposes. They will submit plans to the the- atres, giving them a chance to clean up or eliminate burlesque ads. Theatre If s Heresy Kansas City, Oct. 10. — Apostasy has been committed by Henry King, director of "Jesse James," scenes of which recently were filmed near here and at Pineville, Mo. King wrote a friend in Kansas City that California weather can't equal the weather he found in the Ozarks. He wrote that his company lost only one hour in six weeks because of bad weather while on location in Missouri. Lawyers Study Compromise in Chicago Action A settlement of the anti-trust suit brought against B. & K. and major distributors by Chicago independent exhibitors is in the hands of counsel for the defendants in that city, Para- mount home office officials said yes- terday. Commenting on weekend reports that Austin C. Keough, vice-president and general counsel of Paramount, and Y. Frank Freeman, company the- atre head, had discussed an out of court settlement of the case, the latter said that conferences had been held only with their own attorneys in Chi- cago, and that if settlement negotia- tions were initiated in the future it would be by the attorneys there. Disney Making First Commercial Picture Hollywood, Oct. 10. — Walt Disney is at work on his first commercial cartoon which he is making for Na- tional Biscuit Co. The film will be a one-reel short featuring the Disney characters and will be shown at the New York and San Francisco World Fairs exclusively. The film will not be available for exhibition in theatres. men pointed out that burlesque ads are overstepping the bounds of decency and film ads are kept clean. Drama sections will henceforth be called theatre pages and will be stand- ardized in position as much as pos- sible. All publishers have agreed that the only passes to be given news- papers will be one pair for each paper for reviewing critics. Further meet- ings are scheduled between theatre men and publishers. Others are Ben Wallerstein of Warners, Jack Gross of RKO, Harry Wallin, Paramount, and Thornton Sargent, Fox West Coast. The papers affected are the Examiner, Times, Daily News, Even- ing News and Herald-Express. 7 British Drive To Boost B.O. Now Set to Go By AUBREY FLANAGAN London, Oct. 10. — Simon Rowson, statistician and leading industry fig- ure for many years, declared today that plans have matured to the point where the industry's patronage drive will be launched this week. The drive is designed to reach the large potential audience in the country which does not now attend films with any degree of regularity, and in that respect, the drive may be likened to the Motion Pictures' Greatest Year campaign in the United States. Rowson has sought the support for the drive of the Cinematograph Ex- hibitors Association and the Kine- matograph Renters' Society (distribu- tors) and claims the wholehearted backing of the majority of all exhibi- tors and distributors in the country. It is believed, however, that John Maxwell, head of Associated British and one of the most powerful of the nation's film leaders, will not subscribe to the plan. It is intended to finance the drive bv placing a stamp, probably of one shilling, on each distributor invoice to the exhibitor, each party to pay half the value of the stamp. Rowson contends that adequate financing will be forthcoming to pay for the launch- ing of a nationwide campaign. Alperson Is Made Grand National V-P Edward L. Alperson, general sales manager of Grand National, was elected a vice-president of the com- pany yesterday at a meeting of the company's board. The election com- pletes the company's roster of officers, it was said. Earle W. Hammons, president, will sail for England tomorrow on the Normandie to complete arrangements for the company's British distribution. He will be accompanied by Samuel Berkowitz, vice-president of Fiv» Arts Pictures, which releases thro_ugh Grand National. Blanche Files in Suit Leo M. Blancke, through his at- torney, Schwartz & Frohlich, yester- day filed notice of appearance in the Government anti-trust suit against the eight major companies. He requested that all the papers in the action be served on his attorneys. Offer New Script Show A new script show built around the exploits of Pancho Villa, Mexican bandit chief, with Leo Carrillo in the lead, is being offered here and in Hol- lywood for radio sponsorship. Hays Directors to Meet An adjourned meeting of the M. P. P. D. A. board of directors is sched- uled to be held next Saturday morning to act on unfinished business from the last meeting. Los Angeles Papers OK Pact Giving Films Greater Space . . TEST ENGAGEMENT raa i jg in in 10 IS Anfai pointed out th»t the to jToi tne cctwut taken in KM nuny. TW .-. ^.-y "»»■ J u rbadt in toe Saar nle- ln» eonUal rSffitonsWtri the people obpuIUom o« the Baar|our heart, to out to them, but tliey /ed JKlt*. r- // ' f THAT GIRLS7 SCHOOL is a swell movie! IRENE DUNNE JEAN ARTHUR Says: "Chorm- fng, delightful and touching. It might be a page from the life of every woman . . ." Says: "Nothing has impressed me so much recently. It will pull at the heart-strings o f all America." SONJA HENIE Says: "I was deeply impressed with the delight- ful charm of * GIRLS' SCHOOL" JAMES STEWART LIONEL BARRYMORE Says:- it's so true in its por- trayal of spirit of youth and gayety that everyone should see it." Says: "it's filled with the hopes, fears, romantic dreams of young girls standing on life's threshold." GIRLS SCHOOL ANNE SHIRLEY NAN GREY RALPH BELLAMY Gloria Holden ■ Margaret Tallichet ■ Noah Beery, Jr. Story by Ten Sleiinger ■ Screen play by Teu SlesinQer and Richard Sherman • Directed by JOHN BRAHM • A COLUMBIA PICTURE BIJOU ,4/*o /tin AtMt-f Feature W.th P,ul KdU F. Da' O- R.U Ho, "Jl VKMI F « m «T" -orlh «*d »r»e " di .> m Deed End St- He conwmplAtttl resigning wreks »#o, but held on only because there was a chance to save his country It remains for his successor to ce with Berlin and to com- away from Moscow. uens with all European powrrs. It appears that ihe lormula o( sell-dclcrniiiiauon in li* abstract shape is a vrrv good lit*, ml lormu'H but there are it is extreme)* application ' lo h A The above are reductions of 480-line ads that ran in Springfield, Mass. Additional ads of the same general type are now in preparation. You'll get them with your presshook. And here are the ads thai did the job for Exhibitor Al Anders of the Bijou Theatre, Springfield, Mass. They'll do the same for you! Get behind this really swell picture! .-...f, valua the Re£tZK.*d!?*»tional hr- aCn n^l r, «^ ^n! Slovak and the Peoplea pr,rtlrSlo"he'«"h«lthepr r.mh nffir^ 1 ' Slovak* would rcmainl"*" alliances which he had prS* " omr r. , "IT" an inteeral pari of Czechoslovakia m0,*<1 nulmu by the Munich IjaKpn ofTl- Th — . - lagre-ment Rt,.. ik. »~.t^i minion to Orrmarn and immediate war there «as a lltlrd alternative nameo a declaration that Britain woulil Join others to defend Czecho- slovakia against unprovoked aggrr^- slor JEAN ARTHUR SAYS othing has impressed me so much recently as the deeply sympathetic, highly enjoyable picture called 'Girls' School'. Here is a story which probes so deeply into the adolescent minds and hearts of typical young American girls as to make it richly reminiscent of my own young girlhood. It will not only thrill but it will pull at the heart-strings of all America." GIRLS' SCHOOL ANNE NAN RALPH SHIRLEY- GREY* BELLAMY and 50 BEAUTIFUL STARS OF TOMORROW Story by Te$si Slesinger • Screen ploy by Tess Slesinger ond Richard Sherman • Directed by JOHN BRAHM COLUMBIA PICTURE STARTS T O D A V I J o u Aho Hiq Adrlei Feature "JI'VKMI F < Ol RT** VV.th P.J Kelly Franks D.-o. Rita H.y.orll, jnd th* 'K.rJi tr:m Dead End Sit red before woeV. Al opointed tolsr- ™ 33 deceived at SpR,NGFlELD ^ 729 SEVENTH M»t HAS GBEM ^ ILL AL ANDERS. qUICKEst, M«> | 10 MOTION PICTURE DAILY Tuesday, October II, 1938 Latest Short Subjects Are Reviewed "The Animal Cracker Circus*' {Mints-Columbia') A full sized circus is staged by the animal crackers after a boy agrees to eat his spinach. A ringmaster in- troduces clowns, lions, bareback riders, trick horses and acrobats. This ani- mation in Technicolor is ingeniously contrived and should be well received. Running time, 7 mins. "G." "Styles and Smiles" (Nu-Atlas-RKO) A well balanced musical with four lively acts and a fur style show. Marion Daniels does a clever acrobatic dance. Virginia Verrill, who was heard last winter on the Columbia network with the Jack Haley pro- gram, and Charles King sing several excellent numbers. Harrison & Fischer, a dance team, also appear. The ladies will like the furs. Running time, 11 mins. "G." "Sea Melody" (RKO) Ted Fio Rito takes his orchestra and Rita Oehman and Muzzy Marcel- lino on a tuneful coast-to-coast tour. At a farewell party for a friend they fall asleep aboard a boat and are carried out to sea where they are compelled to scrub decks for their passage. The story forms a weak background for some excellent music. Running time, 19 mins. "G." "Sue My Lawyer" (Columbia) Harry Langdon turns lawyer in search of a job with the District Attorney's office for this one. He finds the evidence to convict a racketeer but decides to defend him. During the courtroom scene he shows his evidence to the judge and the gun- man is convicted. Harry becomes a hero for producing the evidence which the D. A. was unable to find and gets the job. A number of humorous situations develop. Running time, 17 mins. "G." "Fisherman's Paradise" (RKO) Marlin fishing off the Bahamas forms the background for this "Sport- scope." The audience will get a genu- ine thrill when a blue marlin is landed after a gallant fight. The camera catches everything from the baiting of the hook until the fish is hauled on board and provides a camera record of "the one that got away." It is up to par. Running time, 9 mins. "G." "Donald's Lucky Day" (Disney-RKO) Donald Duck is a good deal more understandable than commonly as the messenger boy commissioned to de- liver an infernal machine before mid- night of Friday, the 13th, and de- layed in his errand by a black cat which wants to play. Few Disney sub- jects have been more deftly contrived as to story or more expertly developed and timed. It's easily the best Donald Duck in months. Running time, 8 mins. "G." "The Immortal Brush" (Warners) This is an unusually interesting and unique type of subject, done in color. With interesting and informative com- mentary, it shows some of the world's most famous paintings, telling some- thing of the history of each and the artist. Excellent, although perhaps with a limited appeal. Running time, 9 mins. "G." "Toyland Casino" (Warners) An incredible amount of infantile talent has been gathered for this sub- ject, in which a "night club" for youngsters is opened in a hotel. With a master of ceremonies, the children take their turns performing, some with amazing ability, others in mediocre fashion. Tap dancing appears the favorite maneuver. Running time, 22 mins. "G." "How to Read" (M-G-M) Robert Benchley in one of his ex- ceedingly clever demonstrations of how to do things. Setting lights, try- ing to read in bed when the bed lamp is in the wrong place, reading in a crowded train, all are done in the inimitable Benchley style, against his own amusing "explanations." Running time, 9 mins. "G." "Community Sing No. 1" (Columbia) Five popular college songs start the third series of Columbia's "Community Sings." Pennsylvania, Stanford, Cor- nell, Washington and Lee and Notre Dame are represented. The last num- ber is called "Bingo," a neutral col- lege song and the audience is invited to fill in the name of its favorite alma mater. Gene Morgan is as persuasive as ever. Running time, \0y2 mins. "The Ugly Duckling" (Disney-RKO) Every now and again the Disney artists set out to apply their technique respectfully and gently to a well loved subject and achieve, as here, some- thing akin to perfection. This is a straight handling of the story named in the title, with only one brief and easily assimilable flight above juvenile comprehension. It's among the quieter and more delicately charming Disney creations. Running time, 9 mins. "Goofy and Wilbur" (Disney-RKO) Wilbur is a new addition to the Disney roster of entertainers, a grass- hopper with lilt in his manner and music in his hind legs. In this intro- ductory adventure he lures a fine catch of foolhardy fish into Goofy's net and then gets swallowed by a frog which is in turn swallowed by a stork. Goofy gives pursuit and, driving the bird from its nest, finds therein an egg from which Wilbur emerges un- harmed. It's a good start of what is likely to become a long screen life for Wilbur. Running time, 8 mins. "G." "The Newcomer" (Terry-Toon-20th-Fox) Paul Terry has made clever use of the interest in baby pandas by intro- ducing one into a cartoon zoo where his antics on a rubber ball and jug- gling with them stir the jealousy of the seals and a lion. The lion breaks out of the cage, the panda flees to the seals and finally is rescued by a kan- garoo. It's fine kid stuff. Running time, 7 mins. "The Farmyard Symphony" (Disney-RKO) Music of symphonic patterning and classical origin accompanies this amus- ing record of what goes on in the barnyard when dawn breaks and breakfast starts. Hero and heroine of the piece are a rooster and a hen which wind up singing a duet while their yardmates join in. The feathered romance is handled in a manner to make its connotations clear enough to adults without disturbing the kiddies and the music is especially well ex- ecuted. Running time, 8 mins. "G." "Football Giants" (Columbia) This timely reel shows the New York Giants preparing for a tough schedule of professional football. Line play, forward passes, punts and field runs are explained with lots of "in- side dope." This should be very popular during the fall football sea- son. Running time, 10^4 mins. "G." "Porky's Naughty Nephew" (Warners) A "Looney Tune" cartoon, this is amusing material, showing the prob- lem Proky has at the beach with his nephew, who conceals a devilish knack of annoyance in his cherubic makeup. Running time, 7 mins. "G." "Deep End" (RKO) This is a stunningly photographed expositon of diving form as practised by a number of Olympic contestants. There is appropriate running comment explaining each of the dives. For the audience that goes in heavily for this sort of_ thing it should be a must. Otherwise, it is unrelieved amateur sporting endeavor. Running time, 10 mins. "G." "Ferdinand the Bull" (Disney-RKO) This is an adroit and novel presen- tation of "The Story of Ferdinand," by Munro Leaf and Robert Lawson, the first outside work ever purchased by Walt Disney for a short subject. It is the story of a bull which doesn't choose to fight. As presented in the Disney medium it is a bland little ac- count of how one bull in a pasture full of them prefers lying under a tree to battling a matador. An off-screen narrator is employed effectively for this subject, although the characters also talk, and a thoroughly diverting result is obtained. Running time, 8 mins. "G." "Mother Goose Goes Hollywood" (Disney-RKO) This rollicking ramble through a volume of Mother Goose with headl£ cinema stars seen, and kidded plenf,, as the story book characters, is dated for release Christmas Day and assures as many showmen as can get prints of it a happily satisfied holiday audience. It is a wholly good-humored short subject and immensely entertaining. Running time, 7% mins. "G." "China Today" (Warners) One of the interesting E. M. New- man travel subjects in color, this con- centrates on the ports of Hong Kong and Macao, the latter the oldest Euro- pean settlement in the Far East, and under Portuguese rule. The subject is pictorially effective and of especial interest in view of the Japanese in- vasions of the country. Running time, 11 mins. "G." "What Every Girl Should Know" (20th Century-Fox) This is the first of Lew Lehr's new series and it shows him teaching a kindergarten of grown girls. The in- struction includes calisthentics, beauty treatments, etc. These are interspersed with blackboard flashbacks of beach tobogganing and other shots. Lehr carries on a funny monologue through- out as he stands behind the teacher's desk. His fans ought to go for it in a big way. Running time, 10 mins. "The Glass Slipper" ( Terry-Toon-20th-Fox) This is a modernized Technicolor cartoon version of the Cinderella story in which the cartoon impersonation of the fairy godmother is Mae West and the fairy prince is Harpo Marx. It's a kid subject evidently treated to amuse grownups as well. Running time, 7 mins. "Isle of Pleasure" (20th Century-Fox) This is one of the Magic Carpet of Movietone series — and a good one. Lowell Thomas furnishes the narration as the roving camera assembles a beau- tiful collection of shots showing Ha- vana from the air, from vantage points in its narrow streets, near its public buildings and monuments, at Moro Castle, in the tobacco and sugar cane fields outside the city and finally at the gay Sloppy Joe's. Lew Lehr did the editing. A very high class trave- logue. Running time, 11 mins. 'They're Always Caught (M-G-M) One of the "Crime Does Not Pay" series, this subject recounts, with a maximum of dramatic power, chiefly by reason of splendid performances and fine production values, the man- ner in which the scientists of the police department apprehended the murderer of a mayor who thought his crime was detection-proof. An excellent subject. Running time, 22 mins. "G." Little fellow ^vith big ideas! You'd think a feature was going into production when we plan a short subject at M^G-M! We give them feature atten- tion for this reason. Year after year we're building for our accounts a reputation for the most intelligent and entertaining shorts. This market has become increasingly important with increased public support of good shorts, and M-G-M has won leadership of the field. It hasn't been easy and it wasn't always profitable. Now it is obvious to all theatre operators that M-G-M Shorts bring in additional business and help to make the whole show more enjoyable. Subjects like CRIME DOESN'T PAY; PETE SMITH; ROBERT BENCHLEY; CAREY WILSON; FITZPATRICK TRAVELTALKS; NEWS OF THE DAY; PASSING PARADE; MINIATURES; MUSICALS, etc. They are the best you can get to make your house a better and more profitable show-shop. Hot Box-Office! PETE SMITH'S "FOOTBALL THRILLS" ROBERT BENCHLEY'S 'HOW TO WATCH FOOTBALL" PETE SMITH'S "GRID RULES" Soon! Another Prudence Penny Technicolor hit, Pete Smith's "Penny's Picnic." Also the first of Radio Star John Nesbitt's "Passing Parade," a new idea. And "'Nostradamus," another brilliant CareyWilson subject. 12 MOTION PICTURE DAILY Tuesday, October II, 1938 "Boys Town" Denver Smash At $15,000 Denver, Oct 10. — "Boys Town," combined with "Rich Man — Poor Girl," was the standout attraction at the Orpheum, breaking the double bill record at the house. It did $15,000 against a par of $7,500 and is being held. "Valley of the Giants" at the Den- ver and "Four Daughters" at the Aladdin went substantially over aver- age, all houses being aided by fine weather. Estimated takings for the week end- ing Oct. 5: "Four Daughters" (F. N.) ALADDIN— (1,400), 25c-40c, 7 days. After a week at the Denver. Gross: S4.000. (Av- erage, $3,500) "Breaking the Ice" (RKO) "The Affairs of Annabel" (RKO) BROADWAY— (1,100), 25c-40c, 3 days, both after a week at the Orpheum. Gross: S1.000. (Average. S2.500) "The Great Ziegfeld" (M-G-M) BROADWAY— (1,100), _25c-40c, 4 days. Gross: SI, 500. (Average for week, $2,500) "Touchdown Array" (Para.) DENHAM— (1.750). 25c-35c-40c, 7 days. Gross: S5,500. (Average, S5,500) "Valley of the Giants" (W. B.) DENVER — (2.525), 25c-35c-50c, 7 davs and stage show. Gross: $9,500. (Average, S8,500) "Boys Town" (M-G-M) "Rich Man— Poor Girl" (M-G-M) ORPHEUM— (2.600), 25c-35c-40c. 7 days. Gross: $15,000. (Average, $7,500) "Army Girl" (Republic) "Safety in Numbers" (20th-Fox) PARAMOU XT— (2.200), 25c-40c. 7 days. Gross: 53,000. (Average, $3,500) "Frankenstein" (Univ.) "Dracula" (Univ.) RIALTO — (878) , 25c, 7 davs, 2nd week. Gross: $2,500. (Average, S2,500) "Boys TcrvvTi" Top Cincinnati Draw Cincinnati, Oct. 10. — The big money last week went to "Boys Town," which gave the RKO Albee a smash $19,500, compared with a $12,000 aver- age. It was moved to the RKO Capi- tol. "You Can't Take It With You" was S3.000 up on the $12,000 par at the RKO Shubert, where it is set in for an indefinite run. "Four Daughters" continued to demonstrate its drawing power with $3,000 on its third down- town week at the RKO Grand, where average is $2,750. Estimated takings for the week end- ing Oct. 6: "Boys Town" (M-G-M) RKO ALBEE— (3,300) (35c-42c) 7 davs. Gross: $19,500. (Average. S12.000) "Hold That Co-ed" (20th-Fox) RKO PALACE— (2,700) (35c-42c) 6 days and pulled. Gross: S6,300. (Average, 7 days, $10,000) "You Can't Take It With You" (CoL) RKO SHUBERT— (2.150) (35c-40c-55c) 7 days. Gross: $15,000. (Average, S12,000) "Too Hot to Handle" (M-G-M) RKO CAPITOL— (2,000) (35c-42c) 7 days, 2nd downtown week. Gross: $6,200. (Aver- age, S6.500) "Breaking the Ice" (Radio) RKO LYRIC— (1,400) (35c-42c) 7 days. Gross: $3,500. (Average, $6,500) "Four Daughters" (F. N. ) RKO GRAXD— (1,200) (25c-40c) 7 days. 3rd downtown week. Gross: $3,100. (Aver- age, $2,750) "Juvenile Court" (Col.) (2 days) "The Marines Are Here" (M-G-M) (2 days) "Convicted" (CoL) (3 days) RKO FAMILY— (1.000) (15c-25c). Gross: $2,150. (Average. $2,450) "Sing, You Sinners" (Para.) KEITH'S— (1.500) (30c-40c) 7 days. 2nd downtown week. Gross: $4,300. (Average, S6,500) Overseas Preview "I've Got a Horse" (British Lion) London, Oct. 10. — Modest as is this upsophisticated but ver}' spirited British comedy, it is an exemplary effort in the art of direct popular appeal. With a comedian — Sandy Powell — who has a wide following on stage, radio and screen, and a reliance on wholesome and elementary fun, it has more laughs than many more ambitious comedies and a great deal more entertainment than the majority of its opulent and high sound- ing contemporaries. Powell is a Yorkshire comedian with an expansive smile, a pair of beaming spectacles, and a homely manner, and this unrestrained comedy romp which takes him through an adventure as a bookmaker who ac- quires a racehorse, but loses the race because unwittingly he has em- ployed a trainer of circus horses, is rich with humor. Simplicity and freedom from sophistication are the film's strongest box-office assets. Herbert Smith s zealous and inventive direction, polished technical qualities and an enthusiastic cast add to the commercial merits of an honest and unpretentious British production which has points of appeal to a somewhat wider field. Running time, 66 minutes. *'G." Aubrey Flanagan "Place, Show" Tops "Too Hot" Grosses Detroit, $24,000 816,300, Buffalo Detroit, Oct. 10. — "Straight, Place and Show" with Hugh Herbert head- ing a stage show gave the Fox $24,- 000. This was $4,000 over par. "Boys Town" took a nice S7,300 in its second week, while "The Texans" and "Campus Confessions" helped the Michigan to $10,000. Estimated takings for the week end- ing Sept. 29: "Reformatory" (Col.) "Keep Smiling" (20th-Fox) ADAMS— (1.700) (10c-40c) 7 days. Gross: $4,000. (Average, $5,000) "Straight, Place and Show" (ZOth-Fox) FOX— (5.000) (15c-65c) 7 days. Stage: Hugh Herbert, Condos Brothers. Senor Wences, Lafayette & Laverne and Cass Daley. Gross: $24,000. (Average, $20,000) "The Texans" (Para.) "Campus Confessions" (Para-) MICHIGAN — (4,000) (15c-65c) 7 davs. Gross: $10,000. (Average, $15,000) "Blockheads" (M-G-M) "Ambulance Chaser" (M-G-M) PALMS-STATE— (3.000) (lOc-SOc) 7 days. Gross: $5,000. (Average, S5.000) "Boys Town" (M-G-M) UNITED ARTISTS— (2.000) (15c-50c) 7 davs. 2nd week. Gross: $7,300. (Average, $$.000) Transfer Griffith Men Oklahoma City, Oct. 10. — The Griffith circuit has made a number of changes in managers and assistant managers. Coy McCullough, assistant at Dun- can, Okla., has been promoted to man- ager at Duncan ; J. C. Cooley, formerly assistant at Lubbock, Tex., has been named manager at Elk City, Okla. ; Turner Morrisett, manager at Hominy, Okla., has been transferred to Claremore; Fred Jackson, manager at Claremore, has been placed in charge of theatres at Seminole, Okla. ; John Wisdom, manager at Elk City, has been transferred to Holdenville. Okla., as manager. David Dallas, manager of Holden- ville theatres, has resigned to join the Katz Screen Advertising Service at Dallas. T. H. Wilson, administrator for the estate of Charles Blaine, former Griffith partner in Henryetta. has resigned and has been succeeded by Dick Klein, formerly Seminole manager. Buffalo, Oct. 10."Too Hot to Handle" was the hottest draw along I the local rialto. It rang up $16,300 on the cash register, $4,300 over the line, and was given a second week at the Hippodrome. A Lafayette dual, "When G-Men Step In" and "The Gladiators," clicked for $6,800, which was $500 better than par. Showmen caught plenty of com- petition as the International League baseball playoffs finished here and a professional football game in the new Civic Stadium brought out a crowd of 20,000. Estimated takings for the week end- ing Oct. 1 : "Too Hot to Handle" (M-G-M) BUFFALO— (3,000) (30c-55c) 7 davs. Gross: S16.300. (Average. S12,000) "Marie Antoinette" (M-G-M) GREAT LAKES— (3.000) (30c-50c) 7 days. 2nd week. Gross: S6,700. (Average, $7,500) "Hold That Co-Ed" (20th-Fox) "The Mysterious Mr. Moto" (ZOth-Fox) HIPPODROME— (2.500) (25c-40c) 7 davs. Gross: $6,300. (Average. $6,800) "Spawn of the North" (Para.) CENTURY— (3.000) (25c) 9 days. (Re- run). Gross: $7,100. (Average, $6,000) "When G-Men Step In" (Col.) "The Gladiator" (Col.) LAFAYETTE— (3,300) (25c) 7 days. Gross: $6,800. (Average, $6,300) "Daughters" Morris Strong In Washington Washington, Oct. 10. — "Four Daughters" at Warners' Earle did £ best business locally, grossing $21, 0u^. Wayne Morris was on stage. "Room Service" returned a nice S12.000, $2,000 over par, at RKO- Keith's. In its fourth week in Wash- ington, "Alexander's Ragtime Band" drew $4,800, $600 above average. Estimated takings, exclusive of tax, for the week ending Sept. 29: "My Lucky Star" (ZOth-Fox) LOEWS CAPITOL— (3,434) (25c-66c) 7 days. Stage: Stan Kavanagh, Chester Hale Girls. Gross: $14,000. (Average, S16.500) "Marie Antoinette" (M-G-M) LOEWS PALACE — (2,370) (25c-55c) 7 days. 3rd week. Gross: $8,500. (Average, S11,000) ' Four Daughters" (W.B.) WARNERS' EARLE— (2,218) (25c-66c) 7 davs. Stage: Wayne Morris, Johnny Davis. Gross: $21,000. (Average. S16.000) "Room Service" (RKO) RKO- KEITH'S — (1,836) (25c-55c) 7 days. I Gross: $12,000. (Average, $10,000) "Alexander's Ragtime Band" (2Dth-Fox) LOEWS COLUMBIA— (1.243) (25c-40c) 7 davs, 4th week. Gross: $4,800. (Average, $4,200) "Secrets of an Actress" (W.B.) WARNERS' METROPOLITAN— (1,591) (25c -40c) 7 davs. Gross: S4,700. (Average. $4,000) K.C. to Get Twin Runs Kansas City, Oct 10.— Fox Mid- west Theatres, Inc., has introduced a new policy in connection with two of its first runs, the Uptown and the Esquire. The two houses will play the same first run picture simultane- ously. The Esquire has dropped its o5-cent price for reserved seats, going to 25c-40c, with balcony at 25 cents. Cooper Shifts Turgeon Denver, Oct. 10.— Bert Turgeon, booker for Cooper Enterprises, has been transferred to the Cooper head- quarters in Oklahoma City. Frank Roberts, purchasing agent, is adding the booker job to his other duties. Don Martin in New Spot Boston, Oct. 10.— Don Martin has resigned as manager of the Casino. He is now assistant manager at the Columbia. "Antoinette" Out Front at Montreal Montreal, Oct. 10. — "Marie An- toinette" absorbed much of the first-run spotlight at the Palace with a gross of $14,000, as compared with $11,000 average the slightly higher scale of ad- mission prices having something to do with the big take. It was held for a second week. "Affairs of Annabel" gave Loew's a good start under the new combination policy with eight acts of vaudeville, grossing $13,500, compared with $8,000 average. "Four Daughters," on a double bill, brought $10,000 to the Capitol. Estimated takings for the week end- ing Oct. 1 : "Four Daughters" (F. N.) "The Kid Comes Back" (Reoublic) CAPITOL— (2.547) (25c-40c-55c-65c) 7 davs. Gross: $10,000. (Average. $9,500) "Affairs of Annabel" (RKO) LOEWS— (3,115) (25c-40c-50c) 7 days. Stage: Eight vaudeville acts. Gross: $13.- 500. (Average. $8,000) "Smashing the Rackets" (RKO) ORPHEUM— (919) (25c-35c-50c) 7 davs. Gross: $3,500. (Average, $5,000) "Marie Antoinette" (M-G-M) PALACE— (2.600) (25c-40c-55c-65c) 7 days. Gross: $14,000. (Average, $11,000) Held over. "Gateway" (ZOth-Fox) "Safety in Numbers" (ZOth-Fox) PRINCESS — (2.272) (25c-35c-50c-65c) 7 days. Gross: S6.500. (Average, $7,000) Northwest Tests Shows Seattle, Oct. 10. — For the first time in more than a year, Hamrick- Evergreen Theatres, Inc., are booking stage shows into their Seattle and Portland houses. Through a deal with Joe Daniels Booking Office, the Para- mount theatres here and in Portland will offer a limited number of Cali- fornia-built units, to test their box- office power. "Jittering Jamboree" will be the first unit. Your copy of our 1938-1939 Announcement Booklet is in the mail Our sales represen- tatives are now in the field and will call on you shortly. Our first four feature re- leases of the new season are already completed. Ask your branch manager to screen them for you. INCORPORATED A FEATURE PICTURE A WEEK • • • EVERY WEEK STARTING OCTOBER 14 14 MOTION PICTURE DAILY Tuesday, October II, 1938 Hollywood Preview "Five of a Kind" (20th Century-Fox) Hollywood, Oct. 10. — There can't be much doubt about how many people want to see what the Dionne quintuplets are like, now that they're four years old, and "Five of a Kind" shows a great deal of the five of a kind, singing, playing the piano, opening gifts, pretending to broadcast over an international hookup and, in short, being themselves. That is what "Five of a Kind" is for and that is quite manifestly the way to sell it. Principally concerned in the picture, otherwise, are Jean Hersholt in his approximation of Dr. Dafoe, Slim Summerville as the small town constable, John Qualen as the babies' father, Claire Trevor as a girl reporter who turns broadcaster and Cesar Romero as her competitor on the air and companion in the final clinch. The romantic side of the thing is formal. The original screenplay by Lou Breslow and John Patrick would be an incredible story if anything fictional could seem as incredible as the Dionnes. It sends the rival broadcasters to Canada, sets them against each other in catch-as-catch-can competition, brings them back to New York, where they finally get together in behalf of a project to bring the quintuplets to that city for a charity appearance in behalf of a worthy orphanage. They're not allowed to come, so television brings them on in time to save the box-office proceeds for charity. Herbert I. Leeds' direction maintains headway by the simple, wise expedient of stopping the story dead still every now and then to give the screen over to the quintuplets. It runs along smoothly in between these stretches and contains a number of very funny bits. Running time, 82 minutes. "G." Roscoe Williams New York Preview "The Lady Vanishes" (G. B.) Alfred Hitchcock has contributed much of his directorial cleverness to this English film version of "The Wheel Spins," novel of international intrigue by Ethel Lina White, and the result is suspense-laden entertain- ment. However, on occasion it veers so sharply in the comedy direction that an audience may think itself watching a travesty on a spy drama. The cast is not too well known among American audiences, but Dame May Whitty certainly is, and perhaps Margaret Lockwood. Paul Lukas is familiar. A newcomer, Michael Redgrave, is capable and personable in the masculine lead. The screenplay by Sidney Gilliatt and Frank Launder contrives to capture the maximum of suspense effect, as a train speeding across Europe toward England carries a trainful of excitement and near mur- der and a clever handful of laughs. The dialogue very often sparkles, and, amazingly enough, some of the lines carry so closely to the current situation relative to England's Cabinet and its recent decisions that they are sure to draw spontaneous audience reaction. Naughton Wayne and Basil Radford, as a pair of Englishmen more interested in getting to England in time for the big cricket match than anything else, are especially amusing. The exhibitor need not hesitate to sell the film to his audiences on the basis of good, fast moving entertainment, with production values on the plus side and a series of chuckles along the way. Running time, 91 minutes. "G." Charles S. Aaronson What Key City Critics Say ♦ . . Following are excerpts from the reviezvs of current pictures from the critics of leading key city papers. "Boys Town" Los Angeles Examiner — Will do more for humanity than 100 reform speeches. . . . Everyone should see "Boys Town." Los Angeles Times — So inspira- tional . . . that it practically defies criticism. ... It will enjoy an excep- tional audience. Los Angeles Herald-Express — Splendid. . . . One of the most touch- ing productions seen in many a moon. A "must see." Hollywood Citizen — Solid drama in a class of its own. "Room Service" Chicago Tribune — Laughter aplenty for the audience. . . . Excellent sup- porting cast. Los Angeles Examiner — Sure-fire for laughs. ... A definite RKO suc- cess. Hollywood Citizen News — Elicited many laughs. "King of Alcatraz" Hollywood Citizen News — A tidy little bundle of entertainment. . . . Packs a punch. "Carefree" Philadelphia Public Ledger — We were enormously entertained. Philadelphia Inquirer — The screen's most popular dancing partners romp with their usual zest through "Care- free." Philadelphia Record — Fred Astaire and Ginger Rogers together again . . . enough to recommend the film. Philadelphia Daily News — A major event on any screen. Los Angeles Daily News — An oc- casion for rejoicing. . . . Many happy moments in the film. Los Angeles Evening News — Moves fast. ... Is recommended. Los Angeles Evening Herald — For sheer entertainment . . . the answer is box-office anyway you look at it. Los Angeles Examiner — A sure cure for the blues . . . proof that movies are your best entertainment. "// / Were King" Los Angeles Examiner — One of the best adventure stories that has been released by any studio in a long time. Warner Men Transferred Wilmington, Oct. 10. — A. J. Vanni, Warner Theatres zone man- ager has shifted several managers. Arthur Cohn, manager of the Queen, has been transferred to the Roosevelt, Philadelphia. He is succeeded by Rich- ard V. Kirsh, former manager of the Palace, Philadelphia. C Leonard Howard, assistant at the Queen, has been appointed assistant at the new Warner which will open in December. Lewis S. Black, manager of the Al- dine, has been appointed manager of the Warner. Universal Signs Sullivan Hollywood, Oct. 10. — Wallace Sul- livan has been signed by Universal to write an original, untitled story. Will Remodel Aldine Pittsburgh, Oct. 10. — The Harris Amusement Co. will spend more than $100,000 remodeling the old Aldine, which has been taken on a long term lease. It will be renamed the Senator and is to open about the middle of November. Dollison Opening House Omaha, Oct. 10. — Lester Dollison former Texas independent circuit op- erator, will open the 350-seat Ne- braska here shortly. He remodeled M. Sigal's Time Theatre, dark for over a year. Rosener Takes Theatre San Francisco, Oct. 10. — Herbert Rosener, operator of the Clay, show- ing foreign films exclusively, has taken over the Larkin here as additional out- let for foreign pictures. Mr. Rosener also operates theatres in Hollywood, Los Angeles, Portland and Seattle. Tony Ryan to Universal Albany, Oct. 10. — Tony Ryan, for- mer Monogram manager here, is now selling for Universal, succeeding Irv- ing Mendelson, who has gone to New York. Variety Club Kansas City Kansas City, Oct. 10. — Earl James- son again heads the annual Variety Club-Film Row charity ball, which will be held Nov. 25 at Pla-Mor. Co- chairmen of the general committee in charge are Finton Jones and Nor- ris B. Cresswell. Other committees and personp. * are: Entertainment, Harry ]L Clure, Stanley Chambers, George Baker, Senn Lawler and Bernard Joffee; program, Jones, Baker, Cresswell; ticket sale team captains (each captain has 10 members of Vari- ety on the team), George Hartt- mann, T. R. Thompson, Robert F. Withers, Sam Abend, Arthur Cole, Douglas Desch, E. C Rhoden, Fred Bredehoft, Frank Hensler, C. E. Gregory; reservations, Frank Hens- ler; publicity, Senn Lawler, W. P. Bennfield, W. B. Formby, Landon Laird and Lowell Lawrance. More than 75 attended the annual golf tournament at Old Mission. Leon Abraham won first prize with a low net of 74. Detroit Detroit, Oct. 10. — The local Va- riety Club lunch today heard Professor Robert W. Keko, director of the In- stitute of Public and Social Adminis- tration of the University of Michigan. The luncheon was deisgnated as Monogram Day, in honor of the visit here from New York of George W. Weeks, general sales manager, and the attendance of local Monogram execu- tives. Mayor Richard W. Reading was present as a special guest. Columbus Columbus, Oct. 10. — There was a big turnout of members in honor of John Hardgrove, assistant manager of Loew's, who was one of the prize winners in Paramount's national ex- ploitation contest. Regular Sunday evening dinners are now being served at the clubrooms. Sparks House Ready Soon Jacksonville, Oct. 10. — The Matan- zas Theatre at St. Augustine, newest outlet in the E. J. Sparks chain, will be completed and ready for opening about Thanksgiving Day, Guy A. Kenimer, district manager, says. The theatre, Spanish in design and decora- tion in keeping with the St. Augustine reclamation program, is being con- structed at a cost of about $120,000. It will seat about 1,250. Poster Firm May Build Cincinnati, Oct. 10. — Plans are be- ing considered by the Theatre Poster Supply Co. for the erection of a three- story building adjacent to the present quarters on Central Parkway, accord- ing to William Bien, president. The building also would house Trail- er-Made Service, recently organized bv Bien and Ralph Kinsler, local Grand National manager. Barrymore Replaced Hollywood, Oct. 10. — Because of Lionel Barrymore's slow recovery from an illness his role in Dickens' "Christmas Carol" will be taken by Reginald Owen at M-G-M. Tuesday, October II, 1938 MOTION PICTURE DAILY 15 Production Falls; 33 Before Cameras Hollywood, Oct. 10. — Production this week dropped to 33 pictures be- fore the cameras, six less than last week's total, as 11 finished and five started. Thirty-six are being pre- pared, and 70 are being edited. -YjStarted were: "Stand Up and -^-?ht" and "A Christmas Carol," M-G-M, and "Thanks for Every- thing," "A Bundle of Joy," and "The Three Musketeers," 20th Century- Fox. In addition to these, shooting were : "Blondie" and and "There's That Woman Again," Columbia ; "Dramatic School," "Out West with the Hardys," "Ice Follies" and "Spring Dance," M-G-M ; "Say It in French," "Tom Sawyer, Detective," "King of China- town" and "Ambush," Paramount; "Gunga Din" and "Trailer Romance," RKO; "Hawk of the Wilderness," Republic ; "Topper Takes a Trip," Roach; "Made for Each Other," Selznick International ; "Jesse James," "Kentucky," "Samson and the Ladies," "Tailspin," "The Little Princess," 20th Century-Fox; "Buck Rogers," "West Side Miracle," "Little Tough Guys in Society" and "The Eagle Scout," Universal; "They Made Me a Criminal," "Unifit to Print," "Crime Is a Racket" and "Secret Service in the Air," Warners. Those finished: "Revolt in the Sa- hara," Columbia; "The Shining Hour," M-G-M; "Little Orphan Annie" and "Riders of the Range," Paramount; "Law West of Tomb- stone" and "Lawless Valley," RKO ; "Storm Over Bengal," "Rodeo Bust- ers," Republic ; "Up the River," 20th Century-Fox ; "Adam's Evening," Universal, and "Trade Winds," Wanger. Five shorts finished shooting, four at M-G-M and one at Warners, for the only activity in this department. M-G-M is preparing three, 11 are in the cutting rooms. Governor Will Issue Rogers Proclamation Oklahoma City, Oct. 10. — Gov- ernor Marland will issue a proclama- tion for all Oklahomans to aid in the dedication of the Will Rogers memori- al at Claremore Nov. 4. He will send about 5,000 invitations to governors and notables in other states, but no invitations will go to persons in Oklahoma. Vice-President Garner and Jesse Jones, chairman of the Reconstruction Finance Corp., have been invited to speak at the dedication. Arrange- ments are being made for NBC cover- age of the ceremonies. Brief talks by remote control may be made by Presi- dent Roosevelt, Eddie Cantor, George M. Cohan and Fred Stone. _ Members of the memorial commis- sion include : Gen. Roy Hoffman, Oklahoma City, chairman; Denver Davison, Ada, justice of the State Supreme Court; Walter M. Harrison, Oklahoma City, and Homer E. Chandler. Girl Born to Smiths Ellsworth, Me., Oct. 10— Clifford Smith of the Graphic Circuit recent- ly became the father of a girl, Jane Marie. New York Preview "Dark Rapture" ( Universal) This pictorial record of the Armand Denis-Leila Roosevelt expedition into the Belgian Congo, with the blessing of the Belgian Government, is an engrossing film, occasionally amusing, often exciting and spirited, and always extremely interesting. In many ways it is superior to others of like character which have appeared in the past. Chiefly responsible for that appears the con- centration on people rather than on the movement of herds of wild animals. Coupled with occasional magnificent scenic effects are these pictorial records of two groups of people which strikingly are part of the Belgian Congo, the pygmies of one area and the seven-foot tribe of giants in another. Leroy G. Phelps was associate producer. There is an interesting item of debunking in the film, wherein the pygmies are shown to be docile and friendly, rather than hostile and fierce. The picture moves rapidly, the interest is never allowed to flag. Episode follows episode in logical and lively sequence, the early stages of the motor trip, down through the Sahara and into the Congo, the lives of the pygmies and the manner in which they fall upon an elephant carcass, the miraculous skill of the vine-bridge construction of the little people, the giants, found after a trip through a volcanic region, the exciting drama of an elephant hunt, and the escape from a roaring fire which sweeps the dry country. Running time, 81 minutes. "G." Charles S. Aaronson Walker to Speak At Golden Dinner Former Mayor James J. Walker will be one of the principal speakers at the Edward A. Golden testimonial dinner at Minneapolis, Oct. 14. Will H. Hays also has promised to attend if his engagements permit. Most of the eastern contingent will leave by the Pennsylvania Limited at 2 :45 P. M., Thursday, and will have the "green coach" on the Burlington Zephyr leaving Chicago the following day. Reservations have been made by Y. Frank Freeman, William F. Rodgers, William A. Scully, Nate Blumberg, George Dembow , Herman Robbins, W. Ray Johnston, Austin C. Keough and Charles C. Petti john. Mono- gram franchise holders expected in- clude: Henri Elman, Chicago; Charles W. Trampe, Milwaukee ; Nate Schultz, Cleveland ; Forrest Judd,_ Des Moines; Charles Weiner, Minne- apolis; Steve Broidy and Ben Welan- sky, Boston. Pete Harrison and a group of six are expected to fly to Minneapolis from the coast. Showmen Get Blanks For Drive Contest Entry blanks are being distributed to exhibitors participating in the Mo- tion Pictures' Greatest Year cam- paign with a view to obtaining their registration for the $2,100 exhibitors' contest, open to individual theatre managers and publicity men, or to local committees. Entry blanks are to be sent to the Contest Bureau at campaign head- quarters, 1270 Sixth Ave., New York. Monroe Greenthal is chairman of the bureau, which comprises William Fer- guson, Alec Moss, Lou Lifton, Mau- rice Bergman, Arch Reeve, Mitchell Rawson, Lou Pollock and Paul Gulick. Contest judges are Will Hays, Mar- tin Quigely, Jack Alicoate, Maurice Kann, Charles E. Lewis, Jay Eman- uel, Epes Sargent and A-Mike Vogel. William Fox Hearing Postponed to Oct. SI Atlantic City, Oct. 10. — Hearing on the proposed $500,000 compromise involving one of the principal issues in the $9,535,000 William Fox bank- ruptcy, scheduled today, was post- poned until Oct. 31. The offer was by Mrs. Fox and two daughters, who proposed to pay the $500,000 if the All- Continent Corp., the family trust which Fox created for them, were freed of a suit for recapture of Fox assets. Hiram Steelman, trustee of the bankrupt estate, was authorized on Aug. 31 to audit and examine the All- Continent books and report the re- sults today. Creditors then were to judge whether to accept the $500,000 offer. The compromise also included the promise to withdraw an estimated $41,000,000 in claims of the grand total of $55,000,000. Broadway's Stage Grosses Near 1937 After one of its worst summers in recent years, the Broadway legitimate stage has started to reach grosses that equal 1937 figures. Anticipation of World's Fair visitors is stimulating interest in production plans and 21 shows are now current on Broadway, 19 are on the road, four open this week, and 10 are in rehearsal. Film interests, which withdrew from Broadway production last year, are still reluctant to invest despite over- tures by producers here. The basic agreement demanded by the Drama- tists' Guild, which gives no guaran- tees for the sale of the script, remains the principal objection to Hollywood participation. On an experimental basis, Equity has granted permission for four Sun- day performances by the Market St. Theatre stock company (Newark) dur- ing October, but Equity officials denied that there is any possibility of similar permission being extended to the Broadway area. Fear of a seven-day week, and a belief that there is not sufficient audience interest in Sunday performances are given as reasons for withholding permission. It was pointed out that Actors' Fund benefits, which are staged on Sundays, do not draw sufficiently to indicate a necessity for Sunday shows. Estimated take for the last week in September and the first in October were above the same period in 1937, but road shows grossed considerably less. It is figured there will be 19 road shows as compared with 22 shows last year. For the 16 summer weeks, Broadway shows were under 1937 and the road also. Interest this season is expected to center around musicals. Chorus Equity, which has recently completed a survey of membership employment, has found that more members are now employed in current engagements or rehearsals than were employed during the entire 1937 season, it was said. Ac- tual figures will not be made public until next week. *★★★**★********★★*★★***★ RIB EXPRESS wes special newsreel service! Regular as clockwork, twice a week from New York, newsreels zoom fan-wise over the nation by super-speed AIR EXPRESS. To nearest exhibitors in minutes, farthest overnight, with last -minute highlights of world events. It's a house- packing wow at low cost, big savings. Protect your bookings with 3-mile-a-minute AIR EXPRESS deliveries right to your door. Direct super-speed service for reels, scripts, props — anything — to 220 key cities and direct rail-air connec- tions to 23,000 cities and towns in United States and Canada; also to Latin America, Honolulu, and Far East. For action, phone RAILWAY EXPRESS -AIR EXPRESS Division. /^^^ Nation-wide service — 2500 miles overnight. **★★*★* ***** 16 RADIO MOTION PICTURE DAILY Tuesday, October II, 1938 Church Group In Attack on Air Censoring A study of American radio com- pleted by the Department of Research and Education of the Federal Council of the Churches of Christ in America shows the council to be opposed to any form of censorship of the medium. The report describes in detail and analyzes the several sides of broad- casting— entertainment, educational, re- ligious— and deals also with broad- casts of controversial issues, monopoly control and advertising policies. Stating that Government censorship of radio would be dangerous, the re- port says : "In a democracy freedom of speech is a priceless possession. No administrative Government agency is wise enough to be entrusted with power to determine what people shall hear. Freedom of radio is almost if not quite as important as freedom of the press. If either is curtailed, our political and religious liberties are imperiled." The report stipulates, however, that since radio channels constitute a monoply, ways should be found to keep the stations in the hands of broadcasters who serve the public "convenience and necessity," and urges that the F.C.C. should be responsive to community opinion concerning the merits of past services rendered by applicants for renewals. NAB Studying Press Fight on Censorship (Continued from page 1) published about radio is being com- piled by the N.A.B. The Library of Congress and the U. S. Archives Bureau are cooperating. Present quarters of the N.A.B. have been found inadequate, and the association is now seeking new quarters. WOR Disc Deals Closed WOR recordings recently contracted for include "The Shadow," for Blue Coal through Ruthrauf & Ryan ; "Gospel Singer," for Procter & Gam- ble through Compton ; "Court of Human Relations," for Vatso Prod- ucts through Lawrence Gumbinner ; "Stamp Club," for Kellogg through N. W. Ayer; "Myrt & Marge," for Colgate through Benton & Bowles ; "Hilltop House," for the same client and agency ; "Don't You Believe It," for P. Lorillard through Lennen & Mitchell, and the Federal Theatre's "Men Against Death." Close S Deals on WNEW Three new WNEW contracts, just placed, find Luden's, Inc., signed for 26 weeks of sponsorship of "Make Believe Ballroom," Howard Co. spon- soring "Arizona Red" for an indefinite period, and Elbee Co. sponsoring a transcribed musical program for 48 weeks. J. Mathes & Co. and Weill & Wilkins are the agencies involved. Bartholomew on Radio Freddie Bartholomew will play the lead in a one-act play on Rudy Val- lee's program over the NBC-Red on Thursday. Busy Hearing List Scheduled by FCC Washington, Oct. 10.— The Fed- eral Communications Commission has arranged its calendar of hearings on broadcasting applications for the cur- rent week, as follows : Oct. 11, before an examiner: Ap- plications of Orville W. Lyerla, for a 1,310-kilocycle station at Herrin, 111., with 100 watts night, 250 watts day; and WJBL, Decatur, 111., for change of frequency from 1,200 to 1,310 kilocycles and increase of day power from 100 to 250 watts ; WEBQ, Harrisburg, 111., for change of frequency from 1,210 to 1,310 kilocycles and extension of time from specified hours to unlimited; KFVS, Cape Girardeau, Mo., for extension of time from specified hours to unlimited; WBOW, Terra Haute, for change of frequency from 1,310 to 1,200 kilo- cycles, and WJBC, Bloomington, 111., for extension of time from sharing to unlimited. Oct. 12, before an examiner : Ap- plications of WOMI, Owensboro, Ky., for change of frequency from 1,500 to 1,200 kilocycles, and KAND, Corsi- cana, Tex., for increase of power from 100 to 250 watts. Oct. 13, before an examiner: Ap- plication of Radio Enterprises, Inc., for a 1,310-kilocycle station at Victoria, Tex., with 100 watts night, 250 watts day. Oct. 13, before the commission : Applications of King Trendle Broad- casting Corp., for a 1,010-kilocycle, 250-watt station at Grand Rapids ; WRSP, Inc., for a 1,500-kilocycle sta- tion at Wisconsin Rapids, Wis., with 100 watts night, ?c0 watts day; Nathan Frank for a 1,500-kilocycle, 100-watt station at New Bern, N. C. ; Greenville Broadcasting Co., for a 1,500-kilocycle, 250-watt daytime sta- tion at Greenville, N. C, and WSBT, South Bend, for change of frequency from 1,360 to 1,010 kilocycles, exten- sion of time from sharing to unlimited and increase of power from 500 to 1,000 watts, and WNEW, New York, for increase of day power from 2,500 to 5,000 watts. Oct. 14, before an examiner : Ap- plications of John T. Alsop, Jr., for a 1,500-kilocycle, 100-watt station at Ocala, Fla., and WJRD, Tuscaloosa, Ala., for extension of time from day to unlimited with 100 watts night, 250 watts day. He Won't Talk Frankie Basch, WMCA's gangplank reporter, yester- day called NBC for permis- sion to interview Arturo Tos- canini, who will conduct a series of concerts for the net- work, on his arrival on the Normandie last night. "All our vice-presidents and guards go down the bay to meet Mr. Toscanini when he comes in and can't make him talk, so we don't think he will to anybody else," came the reply from NBC. M-G-M to Continue Show After Dec. 29 Under the present contract the M-G-M "Good News" program will be heard for the last time Dec. 29, but despite some reports that the studio would withdraw from the pro- gram on that date, it has been learned that the series will be continued for an additional 13 weeks, with M-G-M continuing its participation as here- tofore. Sponsor and studio are satisfied with the results obtained from the show, which, since its return to the air after a summer's absence, has re- tained its high listening rating, as in- dicated in the official ratings just re- leased. Had M-G-M felt any dis- satisfaction with its participation it is not believed the studio would have returned it to the air following the summer. Revere Flies to Coast Tom Revere, head of the radio de- partment of Benton & Bowles, left New York for Hollywood by plane yesterday to spend the next three weeks in California. He will super- vise the initial broadcast of the Jack Haley program which bows in this week, and will remain to look over production of the Joe Penner and Joe E. Brown shows, which made their debut last week for clients of his agency. Swing Back from Europe Raymond Gram Swing, newspaper- man and commentator on Mutual, re- turned from Europe yesterday on the Normandie. Wrigley Will Sponsor New Lasky-RKO Air Program Jesse Lasky left New York for Chicago yesterday to close a deal with the Wrigley Co. to sponsor a new network series evolved by Mr. Lasky, in affiliation with RKO Pictures. The deal for this series has been under negotiation for almost a year, but yes- terday Mr. Lasky appeared most op- timistic that the deal will be closed within the next few days. Mr. Lasky would not reveal the identity of the commercial firm which will sponsor the program, nor would he mention the name of the studio which will be tied up with the series, but from another source it was learned that the duo behind the series will be the Wrigley Co. and RKO. Format of the program will be music and drama, with the stress on the latter. Chief feature will be a dramatization which will feature dif- ferent teams of young RKO players. A board of judges, recruited from the studio and sponsoring heads, will se- lect the best team at the conclusion of a 13-week run, whereupon the young players will be signed for full-time appearances in the series for another 13-week cycle and additionally will be featured in an RKO picture. Mr. Lasky will participate in the program as narrator and "em cee.." A.F.R.A. andj 4A's in Deal On Air Talent The American Federation of Radio Artists is understood to have rem- pleted its negotiations with the , national agency association, to estab- lish an agreement for radio artists working on commercially sponsored network programs. Within the week, the A.F.R.A. will begin negotiations with the individual advertising agen- cies which handle network shows. The pact will establish base rates of pay for various types of work on programs proper, rehearsal periods, repeat broadcasts and other phases of broadcasting. A.F.R.A. some months ago successfully settled with the net- works, NBC and CBS, and obtained an agreement for artists working on sustaining programs in the key cities where network stations are maintained, New York, Chicago and Los Angeles. Networks to Survey Reactions of Public In preparation for the forthcoming resumption of the Government probe alleging monopoly bv the networks, the major networks have retained Miller, Franklin & Co., consulting engineers, to conduct several surveys to obtain data that will reflect credit upon the networks and their meth- ods of operation. The first survey was taken by Miller, Franklin & Co. at the recent State Fair at Trenton, which was attended by a group typical of small town citizens. The survey now is be- ing tabulated. Some 600 persons attending the fair filled in the questionnaire. The par- ticipants were asked to give their at- titude about network radio vs. their local stations, to tell if they had ob- tained benefits from the various edu- cational and cultural programs broad- cast by the networks. WBO Trial Set Oct. 25 Federal Judge John C. Knox yester- day set trial for Oct. 25 for two suits which seek to restrain WBO Broad- casting Corp., owner of WNEW, from broadcasting RCA Victor records of songs recorded by Paul Whiteman and his orchestra. Suit had been origi- nally brought by Whiteman against WBO Broadcasting and one of its customers, Elin, Inc., which charged the unauthorized playing of White- man's records made under contract with RCA Victor Talking Machine Co., Inc. Ferguson Joins Weed R. L. Ferguson, formerly with the Jesse Kaufman talent agency, and prior to that manager or WINS in New York, has joined Weed & Co., station representatives, and will leave New York immediately to join the company's staff in Chicago. "Sister" Player to Wed Elizabeth Love, who appears in the "Big Sister" radio series over CBS, will be married on Friday to Eugene Katron, an attorney, at the Little Church Around the Corner. Alert. Intelligent to theNVlcltion Picture Industry OT MOTION PICTURE DAILY First in Filmland 44. NO. 72 NEW YORK, WEDNESDAY, OCTOBER 12, 1938 TEN CENTS Hope for Plan To End Radio, Film Conflict Duals Control Also May Figure in Conference Whether it will be possible for the industry to formulate a feasible policy regarding radio in the trade practice conference, soon to be held here, is a matter of considerable interest in the trade. It is also hoped that when the dis- tributors and exhibitors get together some method of voluntary regu- lation of duals may be framed, for the peace and benefit of the business. Re-alocation and non-delivery may be suitably denned. It is understood that both M.P.T.O.A. and Allied may introduce these subjects for definition. Nobody has the slightest thought but that Allied will bring up the mat- ter of block booking, and in the mean- time the distributors' group is indus- triously engaged in establishing a clear and workable viewpoint to exchange with exhibitors for enabling the indus- try to solve its pressing trade prob- lems. New Warner London House Opens Today London, Oct. 11. — The new War- ner Theatre in Leicester Square will be opened tomorrow with the Duke and Duchess of Kent scheduled to at- tend. The proceeds will go to char- ity. "The Adventures of Robin Hood" will be the opening feature. Jack L. Warner, vice-president in charge of production ; Sam Morris, in charge of Warner foreign activities ; Max Milder, chief in England, and D. E. Griffiths, one of the company's Eng- lish executives, are among those who will be present. A trade "preview" of the house was held tonight. It seats 1,775, is of quiet architectural design. Will Pepper is manager of the theatre. Challenges Florida Right to Tax Radio Tampa, Oct. 11. — The right of a state to levy a license tax on a radio station has been questioned by the Tampa Times, owner of WDAE here. The company has filed a petition in (Continued on page 4) Radio — Page 4 May Extend "Quiz" On Oct. 25 the general com- mittee of the Motion Pic- tures' Greatest Year drive will meet in New York to de- cide whether the "Movie Quiz" Contest shall be con- tinued from Dec. 31 to March 1, this next year. There was a meeting at the Astor yesterday, but no deci- sion was made. There have been complaints on the small exhibitor end. These will par- ticularly benefit from an ex- tension of the drive by the fact that they will thus get an opportunity to play all the films which are subject to the contest. More Independent Units Accept Bid To Industry Talk The West Virginia Managers' Asso- ciation yesterday designated the M. P. T. O. A. as its representative in the national exhibitor negotiations which will begin here next week with the dis- tributors' negotiating committee. The M. P. T. O. A. is scheduled to meet with the committee next Wednesday. The I. T. O. of Southern California has requested Oct. 24 as the date for a meeting of its representatives with the distributors' negotiating committee. The organization will be represented by Albert Galston, president, and Rob- ert Poole, general manager. Allied Theatre Owners of Nebraska and Iowa also has accepted the distrib- utors' negotiating committee invitation, (Continued on page 3) STANDSTILL PACT IS BEING STUDIED Myers, Rodgers to Speak on Industry Needs at Michigan Grand Rapids, Oct. 11. — Exhibitor- distributor problems will feature the second day's session of Michigan Al- lied which will get underway tomor- row. There's considerable advance excitement because Abram F. Myers, Allied general counsel, and William F. Rodgers, general sales manager of M-G-M, are scheduled as the principle speakers. Ray Branch, president, says he hopes the discussions will pave the way for a general agreement in the forthcom- ing conferences at New York. Rou- tine business was disposed of today and as much of it as possible will be disposed of early tomorrow to make way for the principle talks during the afternoon session which will bring the convention to a close. /. A., NLRB Confab Is Put Off to Oct 21 Hollywood, Oct. 11. — Conference of producers and I.A.T.S.E. leaders, re- garding charges before N.L.R.B. that I.A.T.S.E. is a company union, was postponed by Regional Director Dr. Towne Nylander to Oct. 21. Origi- nally scheduled for Oct. 14. Delay is on account of George Browne, I.A.T. S.E. president, being detained in the east and unable to go to the coast. Six New, Three Holdover Films on B 'way Next Week Three of the nine films currently at Broadway first runs will be hold- overs during the coming week. "If I Were King" will enter a third week at the Paramount today ; "Too Hot to Handle" will start a third stanza tomorrow at the Capitol, and the Globe will hold "Dark Rapture" a second week starting Saturday. "Room Service," which completed two weeks last night at the Rivoli, is being held an additional three days and will be followed Saturday by "Youth Takes a Fling." Universal's combination of "Frankenstein" and "Dracula," which is netting sensa- tional grosses in key cities, will go into the Rialto next Tuesday. "Marie Antoinette" is currently in a ninth week at the Astor and promises to be the season's only Broadway roadshow. "Suez," 20th Century-Fox special, will start an extended run at the Roxy Friday. "The Sisters," with Horace Heidt and his band heading the stage show, will start Friday at the Strand. New pictures opening to- morrow are "There Goes My Heart" at the Music Hall and "Broadway Musketeers" at the Criterion, in ad- dition to a second run of "Boys Town" at Loew's State. Believe U. S. Charge on Pooling of Talent Is Vulnerable A standstill agreement on some of the phases involved in the pending Government suit against the major companies here is being studied, and depends on the terms which the Gov- ernment will demand. Whether or not the Government will insist on making the standstill agree- ment retroactive to affect all unfin- ished deals, or limit its demands to new deals only, is what the trade is wondering about. There may be a way out, if the Government were to step aside and permit the firms to continue opera- tions in the regular course of business, to conclude presently pending deals on theatres, but making new deals sub- ject to Government approval, or per- mit these to go to trial on the issues when the case goes to bat in the courts. No date for a second meeting of counsel for the five companies with department officials has been set, but it appeared probable yesterday that arrangements for a meeting to be held (Continued on page 3) Figure Paramount Net at $4,000,000 Wall St. sources estimate Para- mount's net for the quarter ended Oct. 1 at $800,000. The estimate brings the company's earnings for the first three quarters of the current year past the $2,000,000 mark. Earn- ings for the year may approximate $4,000,000. Downtown sources also look for continued improvement in RKO and Universal earnings. RKO, under Leo Spitz, president, has been operating in the black for the past five weeks. Hamlet and Wieners Hot dogs and sandwiches in the lobby of the St. James is something new on Broad- way. Maurice Evans' uncut version of "Hamlet," in which Katherine Locke appears, opens tonight at the theatre, starting at 6:30 and continu- ing until well after 11. The fans get 30 minutes out for dinner. MOTION PICTURE DAILY Wednesday, October 12, 1938 i Purely Personal ► BEN GOETZ, head of M-G-M's British production, is due today from the coast by plane after conferring with Louis B. Mayer on "Good-bye, Mr. Chips," which he will produce Sam Wood, who will direct the film, is due this weekend. They plan to sail for England next week. • Angie Ratto, manager of Loew's Palace, Washington, this week ob- served his 23rd aniversary with the circuit, and Homer MacCallom, pub- licity manager at the State, Houston, his 11th year with the theatre. • Joe Vogel, Loew theatre executive, yesterday observed his 29th anniver- sary with the circuit. He started as an usher at the Palace, Brooklyn, for Marcus Loew. • R. Lyall Grant, general manager of British Empire Films, New Zea land, has arrived from London and will leave for home via the coast in a few days. • Mrs. Julien Duvivier, wife of the French director, and Clifford C. Fischer, London producer, are booked to sail on the Normandie today. • Sam Smith, British Lion executive, is scheduled to arrive next Monday on the Queen Mary for conferences with Republic officials here. • Mike Cullen, Loew's district man- ager with headquarters at Columbus, left last night after home office confer- ences. • Norman Moray, Vitaphone sales manager, was in Philadelphia yester- day for conferences at the local branch. • John Payne, Warner player, will leave for the coast tomorrow after a vacation here. • Sam Meinhold, Loew's district manager, has passed another birthday. • Alan Mowbray will arrive here to- morrow from the coast. He will at- tend the opening of "There Goes My THE MERCURY B&K Steps Up Ad Budget, Chicago Loop Takes Rocket OVERNIGHT TO LOS ANGELES Fly the Southern SUNSHINE route over- night to Los Angeles. Through service. No change of planes. Giant SKYSLEEPERS. Complimentary meals served by stewardesses. Mercury Southerner Lv. 5:10 p. mi Lv. 9:00 p. m. (only 3 slops) {only 5 stops) FOR RESERVATIONS: Call YourTravel Agenl orVANderbUt 3-2580. Ticket Offices: 45 Vander- bUt Ave., and Rockefeller Center, 18 W. 49th St, AMERICAN AIRLINES By BILL CROUCH Chicago, Oct. 11. — Balaban & Katz played first run films throughout the Loop last week. Advertising budgets were stepped up to announce the new films, and business over the weekend was nothing less than terrific with strong stage shows augmenting the weaker films in several houses. "You Can't Take It With You" was tops at the B. & K. flagship, the Chi- cago, doing $55,000. At the United Artists "Boys Town" started off big. Lots of kids. "Straight, Place and Show," "King of Alcatraz" and "Val- ley of the Giants" are popular. Stage attractions piloted offerings at the Palace and State-Lake. The Palace had Bert Wheeler, the Stroud Twins, the Schnickelfritz Band and Dolly Kay, among others, with "Affairs of Annabel" on the screen. The State- Lake offered Hugh Herbert in person, with "Army Girl." All Loop houses tied in strongly with the "Movie Quiz" contest, with the result that more booklets were taken by patrons than since the first week of the contest. T Current comment in these parts is to the effect that Abram F. Myers of Allied may come here to take an active part in the inde- pendents' suit against B. & K. and the majors. Attorneys Rosenberg and Stein, of the independents, deny that Myers will assist them in the suit, which was again post- poned. More postponements are expected. T The Garrick cut prices last week to meet the opposition of the nearby Essaness Woods, which has been book- ing first run pictures passed up by B. & K. The Garrick now has a 50-cent top against a former price of 65 cents. ▼ The operators' union and Chicago exhibitors are still striving for an agreement over the new contract. Exhibitors are adamant in their posi- tion that they will not restore a 10 per cent pay cut taken during the summer months by the operators. The theatremen maintain that business does not warrant the restoration of the cut while the operators refuse to sign a new agreement unless it is re- stored. Local theatres are still being picketed by members of the theatre engineers' union. Lack of sanction for the walkout by the Interna- tional makes the strike ineffective. Like the operators, the engineers took a pay cut during the summer and theatremen have refused to re- store it. Settlement of this trouble is at a standstill with both sides refusing to start negotiations. Heart," in which he is featured, at the Music Hall. • Martin Mullin and Sam Pinan- ski are in New York from Boston for conferences at Paramount. • Dave Palfreyman of the M.P.P. D.A. is attending the Allied of Michi- gan meeting at Grand Rapids. • Bob Rubin, Jr., has teamed with Frank Shields, tennis star, in the insurance business. • Mort Singer has arrived in town from the middle west on a business visit. « Ann Sothern will arrive here for a brief vacation today. Himmelin G.N. Manager Cleveland, Oct. 11. — John Himme- lin, for 15 years with Paramount in Cleveland as city salesman and branch manager, has been named local branch manager for Grand National. Peter Rosian, former G. N. manager here, has gone to New York. Himmelin has added Giles Robb. Quarberg to Universal Hollywood, Oct. 11. — Lincoln Quarberg joins Universal publicity de- partment. He was formerly advertis- ing and publicity director for David L. Loew productions. Garber in Para. Short Jan Garber and his Orchestra will be featured in a Paramount musical short, now in production at the Film Art Studios in the Bronx. Gibraltar Now Has 32 Denver, Oct. 11. — With the adding of the Grand at Rocky Ford, Col., Gibraltar Enterprises will have 32 houses in Colorado, Wyoming, Ne- braska and New Mexico. Gibraltar not only bought the Grand from J. J. Goodstein, but also purchased the building housing the Rialto at Love- land, Col. Harrison to Buffalo Philadelphia, Oct. 11. — Jerry Har- rison, manager of the Europa, foreign language film house for the last four years, will leave Saturday to manage the new Mercury Theatre, Buffalo. Jack McNeill will replace him. (The "OVERLAND FLYER" to LOS ANGELES Deluxe Unifed Ma'mliner Sleeper if Latest Sleeper departure — 11:45 p.m. Arrive Hollywood early afternoon. Luxurious, quiet, fewest stops. Or take United's famed "Continental" Sleeper. Lv. 6:15 p.m., ar. 9:35 a.m. Reservations: 58 W. 42nd St., MU 2-7300. Or travel bureaus, hotels. UNITED AIR LINES The Main Line Airway Loew's Purchases 1,918,000 Booklets A total of 1,918,000 "Movie Quiz" contest booklets has been purchased by the Loew circuit nationally to date and an additional 200,000 has been or- dered, according to Oscar A. Doob, circuit advertising and publicity head. On this basis more than 2,000j?1') booklets will have been distributed by the circuit since distribution began Sept. 1. The cost of this material to Loew's, figured at $5.50 a thousand, is approximately $11,000. Robin Sues Motiograph J. E. Robin, Inc., manufacturer and distributor of theatre equipment, filed suit yesterday in the N. Y. Supreme Court against Motiograph, Inc., and Victor V. Coster, and asked the court to restrain Motiograph from allegedly breaching a contract which it had with the plaintiff. The complaint stated that Motio- graph made an agreement on March 21, 1938, with the plaintiff, whereby the plaintiff was given an exclusive three-year agency to distribute Motio- graph products, including its projec- tors, in Central and South America. Motiograph had refused to carry out the contract, the complaint stated, and had employed Coster. Settle Kibalchich Suit A $250,000 "unfair competition" suit brought by Basil Kibalchich against M-G-M in the N. Y. Supreme Court has been settled and the action discontinued, it was learned yesterday. The suit involved six recordings for use in the M-G-M film "Anna Kare- nina." Kibalchich is director of the Russian Symphonic Choir. Deutsch in Sound Firm London, Oct. 11. — Oscar Deutsch is a director of a new company, Sound Equipment, Ltd., registered with a capital of £125,000 ($625,000), to ac- quire the business of Sound and Cinema Equipments, Ltd. "Secretary" at $5,200 "Personal Secretary" grossed $5,200 at the Rialto in five and a half days. MOTION PICTURE DAILY (Registered U. S. Patent Office) MARTIN QUIGLEY. Editor-in-Chief and Publisher; SAM SHAIN. Editor; JAMES A. CRON, Advertising Manager. Published daily except Saturday, Sunday and holidays by Quigley Publishing Company, Inc., Martin Quigley, president; Colvin Brown, vice-president and treasurer. Publication office: 1270 Sixth Avenue at Rockefeller Center. New York. Telephone: Circle 7-3100. Cable address: "Quigpubco, New York." All contents copyrighted 1938 by Quigley Publishing Company, Inc. Ad- dress all correspondence to the New York office. Other Quigley publications: Motion Picture Herald, Better Theatres, Teatko al Dia, International Motion Picture Almanac and Fame. BUREAUS: — Hollywood: Postal Union Life Building, Vine and Yucca Sts. ; Boone Mancall, manager; William R. Weaver, editor. Chicago: 624 S. Michigan Ave., C. B. O'Neill, manager, London: 4 Golden Square, W. 1: cable address. Quigpubco, London; Hope Williams, manager. Entered as second class matter Sept. 23, 1938. at the post office at New York, N. Y.. I under the act of March 3, 1879. Subscription rates per year $6 in the ' Americas and $12 foreign. Single copies 10c. : i Wednesday, October 12, 1938 MOTION PICTURE DAILY Pact in Trust Action is Now Being Studied (Continued from page 1) week will be completed within a n=7 days. Under such a plan new theatre deals which were not approved by them would not be consummated by the companies. Perhaps deals which had a direct bearing on the safeguarding of existing theatre investments might be undertaken. In this way the companies would be . enabled to protect realty investments and options of the various affiliated theatre companies. A rigid attitude by the Government prohibiting new theatre deals would result in the loss of investments in prospective theatre sites and would deny com- panies a logical right to expand in new and growing communities. Right to Renew Agreements A conditional arrangement of the kind mentioned would give the com- panies an opportunity to renew agree- ments on their expiration without the 1 impairment of existing investments. According to present indications, onlv counsel for Loew's, Paramount, RKO, 20th Century-Fox and Warners will attend next week's meeting in Washington. Belief is that the Government's alle- gations about talent pooling is vul- nerable. Independent companies have repeat- edly benefited from obtaining valuable talent from the bigger companies, and in the usual course of things, the smaller companies seek the higher priced major company talent only upon extraordinary occasions. Ordi- narily, such talent can't fit in with the independent company's plans of opera- tions, no matter how figured. Borrowing Peak, 1937-38 Talent borrowing reached a peak during the 1937-38 season among the principal and lesser companies. Re- public and Monogram have both made a number of loans from the major lots. Among others, Republic obtained Russell Gleason from 20th Century- Fox for "The Higgins Family," a cur- rent release, and during last season borrowed the following : Margaret Tallichet from Selznick International for "Desperate Adventure" ; Beverly Roberts from Warners for "Call of the Yukon" ; Ann Dvorak from Warners for "Manhattan Merry-Go-Round." In I 1,936-37 Samuel Goldwyn lent Andrea Leads to Republic for "It Could Hap- pen to You." In addition, Doris Wes- ton, Grace Bradley and June Travis were loans from the major lots for Republic films. One of the most conspicuous loans was Mickey Rooney from M-G-M for Monogram's "Hoosier Schoolboy." That film admittedly boosted the youngster's value to M-G-M, for since then he has been kept sufficiently busy to preclude further loans. Other Monogram loans have been Frank Shields from Samuel Goldwyn for "Hoosier Schoolboy" ; Anne Nagel from Warners for "Saleslady" ; June Travis and Gordon Oliver from War- ners for "The Marines Are Here" ; Terry Walker from Paramount for "Federal Bullets," and Craig Reynolds from Warners for "Female Fugitive." The Newsreel Parade With the European conflict seeming- ly well in hand, the signing of the four-power peace agreement in Mu- nich is the chief presentation in the latest newsreels. Highlights of the World Scries and football games around the country cover the sports situation. The reels and their contents fol- low : MOVIETONE NEWS— Historic Munich conference. Conferees return to their re- spective countries. Japanese drive toward Hankow. World Series tense moments Football games. NEWS OF THE DAY— Signing of peace treaty. Hitler marches into ceded areas. Greta Garbo returns from Europe. Cav- alry maneuvers in California. Yanks take four in a row. Columbia beats Army. PARAMOUNT NEWS— U. S. Mint stamps out first five-cent pieces bearing Jefferson's head. First transatlantic lin- ers arrive from Europe since crisis. In- ternational schooner races. Yanks sweep series. Football games. RKO PATHE NEWS— Historic signing of four-power pact. Greta Garbo arrives from Sweden. Test new altimeter. Yan- kees win third successive world champion- ship. Football games. UNIVERSAL NEWSREEL— Four-power peace parley averts war. Army field ma- neuvers. New altimeter aids aviation. Yankee victory makes record. Football games. Ia. Allied Selects Confab Delegates Des Moines, Oct. 11.— Leo F. Wol- cott, Eldora, la., and Wesley Mans- field, Tama, la., were selected as dele- gates to attend the Kent trade practice conference in New York, by the Allied Independent Theatre Owners of Iowa and Nebraska, in the final ses- sion of the annual convention at the Kirkwood Hotel yesterday and today. The unit also voted to hold a series of district meetings covering the entire territory to further business improvement. Wolcott was reelected president for his fifth term. Other officers are M. R. Blair, vice-president ; Wayne Dut- ton, secretary-treasurer. Directors elected for a three-year term are : W. B. Frankie, Phil March, W. P. Grossman, A. B. Hilton, Mansfield, Clifford Niles, Wolcott. F. P. Canadian Can't Decide on Giveaways Toronto, Oct. 11. — According to data compiled by Famous Players Canadian Corp., 15 of the 23 second run theatres in Winnipeg, Man., regu- larly offer merchandise gifts to patrons. A number of these are units of the Famous Players circuit but the com- pany is trying to work up an agree- ment for the elimination of giveaways by all theatres. . The circuit has made a five-cent increase in admission prices at its neighborhood theatres in Winni- peg and has raised the balcony price from 35 cents to 40 cents at its down- town Capitol. Another Second-Run Sues the Big Majors Hollywood, Oct. 11. — Kinna Mission Theatres, Inc., operating Kinema Theatre, Florence, brought suit in Federal Court, to restrain 20th Century-Fox, Fox West Coast (Na- tional), RKO, United Artists, Colum- bia and the Sunbeam Theatres Corp., from pursuing alleged discriminatory selling practices. Kinna complains Sun- beam gets films which it doesn't get. Sunbeam is second run. Engel Joins Paramount Hollywood, Oct. 11. — Sam Engel joins Paramount, on Monday, as a producer. He was formerly with 20th Century-Fox. Bingo in Kentucky Now Ruled Illegal Frankfort, Ky., Oct. 11. — Assistant Attorney General J. K. Lewis has ruled the game of Bingo violates the state constitutional provision against lotteries. He previously had held the 1938' General Assembly's act designed to legalize Bank Night was unconstitu- tional, and he declared "it is our opinion that Bingo is illegal and un- constitutional for the same reason that Bank Night schemes are illegal and unconstitutional." The ruling on Bingo, a game used by some churches and fraternal or- ganizations as a means of distributing prizes, was given in response to a query from the Rev. William S. Smythe, Washington, Ky. More Independent Units Accept Bid To Industry Talk (.Continued from page 1) and Michigan Allied will send its na- tional officers to the Allied board meet- ing to be held in New York next Mon- day. At this meeting, the national or- ganization's policy on the intra-indus- try conferences will be decided. The I. T. O. A., New York, and the M. P. T. O. of Virginia also have ac- cepted invitations to be represented at the negotiating meetings here. The remaining three regional organizations of the eight not affiliated with M. P. T. O. A. or Allied, which were asked to attend the meetings, have not replied yet. They are M. P. T. O. of Ken- tucky, T. O. M. of the Rocky Moun- tain Region and Allied of Oregon. "King" at $57,000 In 2nd Para. Week "If I Were King" continues its record-breaking pace at the Para- mount, having netted $57,000 in a second week, one of the biggest second stanzas in the theatre's history. This followed the first week's take of $67,- 000, the best since the inauguration of the present band policy. The film is in for a four-week run. "Marie Antoinette," in an eighth week at the Astor, grossed $8,900. The third week of "Room Service" gave the Rivoli $14,500. It is being held an extra three days, to Friday night. HAVE BREAKFAST TOMORROW IK LOS ANGELES-FLY TWA! Board TWA's Sky Chief at 5:30 tonight... You'll he on the West Coast before 8 A. Ml FARE ONLY 14925 PHONE MUrray Hill 6-1640 Transcontinental & Western Air. Inc. 70 East 42nd Street. Or call any ho- tel.travel bureau, or telegraph office. LOSE no business hours — no i sleep — going clear to Cal- ifornia! Latest departure, with early morning west coast ar- rival. Only 3 stops en route — 1 after midnight— on the SKY CHIEF. Only TWA Skysleep- ers have separate club lounge and sleeping compartments. To Chicago, TWA has the latest afternoon non-stop de- parture—fare $44.95. Excellent connections to Twin Cities, the Northwest, and Mexico. 4 MOTION PICTURE radio DAI LY Wednesday, October 12, 1938 Around the Country San Francisco Ruth Peterson, former KFRC ac- tress and singer, has been cast as Linda Carroll, new role added to Haw- thorne House skit, five times weekly KPO program. . . . Ted White, pioneer coast radio singer, has re- turned to the NBC staff here after an absence of two years. . . . Jane Mc- Greevy, now as KSFO actress . . . KSAN has invited the public to inspect its new studios atop the Furniture Mart on Saturday fore- noons. . . . Visitors on "radio row" include Don Gilman, NBC coast vice- president, and Harrison Holliway, manager of KFI, both up from Hol- lywood. . . . Charles Cooper, formerly of Tacoma, has joined KSAN's an- nouncing staff. . . . Lon Hughes, Examiner financial editor, is now aired five mornings weekly by KPO in stock market chats. + Omaha Helen Corey, Omaha singer, recent- ly with CBS in Chicago, is back with WAAW. . . Art Faust of KOIL is va- cationing. . . . James Farris, formerly with Central States Broadcasting Sys- tem here, has gone to work for KYSM, Mankato, Minn., as promotion manager. . . . Jake Rachman, KOIL columnist, has moved to the Omaha World-Herald. . . . Joe Eaton, for- merly of WOW, has been promoted to commercial manager at WHAS, . . . WAAW is now airing a morn- ing safety program with school boys as speakers. . . . De Emmett Brad- shaw, president of WOW, is recover- ing from an illness. + ' Chicago Mark Fisher and his band and Char- lie Agnew and his orchestra are the latest musical groups to be heard over WIND. . . . Joe Alexander is the new staff organist at WJJD. . . . Tru- man Bradley's friends here are await- ing the Chicagoan's film debut, which is scheduled shortly. Mr. Bradley gave up radio for films last summer. He is under contract with M-G-M. There'll Be Carbons! Jack Johnstone of the Biow agency — he writes the "Thrill of the Week" dramatic sequence in the Phillip Morris Tuesday NBC program — received a personal, unexpected and entirely unwel- come thrill yesterday. Having finished the script, he sent it over to the continuity acceptance division of the network for approval, where, through a mishap, it was lost. Frantic investigation finally revealed it had accidently been tossed into a wastepaper basket, from which it had been collected with the refuse, bagged, and sent to the junk yard of the firm which collects the NBC wastepaper. Johnstone and Dick Raismes of NBC thereupon hopped into a taxicab and made for the yard, where they were confronted with 700 sacks of scrap collected from NBC. The script was located in the third bag opened. From now on Johnstone swears he'll make carbons. Chevrolet Plans Series General Motors, for Chevrolet, will sponsor a new Monday through Sat- urday period of United Press news over WABC locally, starting Oct. 17. The programs will be aired from 6 to 6:15 P.M. The news will be especially selected for local consumption. Camp- bell-Ewald is the agency. Open New Studios Oct. 17 Hollywood, Oct. 11. — Don E. Gil- man, NBC vice-president here, yester- day announced that the new NBC studios in Hollywood would be placed in operation Oct. 17. The opening will be held in a routine manner, with no ceremonies planned. Biow Purchase of WINS Is Personal Milton Biow, president of the Biow advertising agency and owner of WNEW, New York, has purchased Station WINS from Hearst Radio, Inc. The purchase price is said to have been about $200,000. The purchase was by Mr. Biow personally, and if the Federal Com- munications Commission approves the transfer, he will operate the station independently of his agency or his other radio station. Hearst announced some six months ago his decision to retire from the radio business. Originally Arthur O'Brien, a west coast attorney, was to have purchased WINS, but recently those negotiations were suspended. Hearst now retains interest in but five stations in his chain of radio sta- tions. Still under his control are WCAE, Pittsburgh; WBAL, Balti- more; KYA, San Francisco; WISN, Milwaukee; KOMO, Oklahoma City. All but WCAE and WBAL are now in negotiation for sale. WHN Closes Five Deals Five new accounts have been started at WHN. Home Diathermy Co. has contracted for 12 quarter-hour pro- grams for one year ; Royal Typewriter is sponsoring Dick Fishell in sports commentaries during the football season ; the same account is now also sponsoring "Early Risers" ; Madison Personal Loan is sponsoring Fishell in another series of sports broadcasts ; Famous Furriers is broadcasting a quarter-hour of U. P. news twice weekly, and American Jai-Ali Corp. has entered into a contract for spot announcements . Cole Joins Lord Staff Alonzo Dean Cole, author of the network show, "Witches Tale," has joined the staff of Phil Lord Enter- prises, where he is assisting in the writing and production of the Lord- produced programs. Challenges Florida Right to Tax Radio (Continued from page 1) Federal Court to restrain the Hills- borough County tax collector from en- forcing collection of a state and county license tax for the year beginning Oct. 1, 1937. The suit was described as "friendly," by Ralph Nicholson, treasurer of the company. "Radio stations operate under a Fed- eral license," Nicholson said. "They are engaged in interstate commerce and are under the exclusive jurisdic- tion of the Federal Government. We believe that neither a state nor a municipality can collect a license tax from a radio station." WMCA Signs Powers, Janis to Do Sports Jimmy Powers, New York Daily News sports editor, has been signed by WMCA in a revision of the sta- tion's sports department. Additionally, Hal Janis, sports statistician of WMCA, has been made director of sports. Under the new setup, the sports de- partment will operate on a greatly enlarged schedule hereafter. Holding the Train Any doubt that Burns and Allen really are important folks may be dispelled, for, believe it or not, a trans- continental train is going to be held up 35 minutes on Fri- day to enable the comedians to complete a broadcast. Scheduled departing time for the train is 11:40 P. M., buim the Burns and Allen repeals- broadcast will hold them on the air until midnight. To permit them and party to catch the train for Holly- wood, its departure is being delayed until 12:15 A. M. Starr to Cover Spy Hearings on WMCA The spy trials to be held in Federal Court beginning Monday will be cov- ered by Martin Starr for WMCA. With microphones barred from the courtroom, WMCA will follow the same procedure as in the Jimmy Hines trial. Microphones will be installed in a building next to the court. The station will also cover the sec- ond Hines trial when it begins next month. Start CBS Series Monday "Americans All," a 26-week series of dramatizations of the contributions of immigrants to this country, will begin over CBS Monday. The series, created by the Office of Education, De- partment of the Interior, will be under the supervision of John W. Stude- baker, Commissioner of Education. The air time will be 10 :30 to 11 P. M. Hode in Series on Films Hal Hode, Columbia Pictures ex- ecutive, will broadcast a weekly series titled "Plain Talks About the Movies" over WNEW at 6:30 P. M. Sundays, starting this week. Ben Grauer with Vitalis Ben Grauer has been signed as an- nouncer for the Vitalis "For Men Only" program heard Tuesdays over WEAF. He starts next week. Larry Elliott to CBS Larry Elliott, WJSV, Washington, has come to New York to join the announcing staff of CBS. He is re- placing Henry Neely, resigned. "Rat" on Smith Show Bob Taplinger, Warner studio pub- licity director, came east to help ar- range the air premiere of "Brother Rat" on Kate Smith's network show Thursday night, with Priscilla Lane, Wayne Morris, Eddie Albert and Johnny Davis participating. KPO, KGO Get News Ser San Francisco, Oct. 11. — NBC has inaugurated a new series of news broadcasts over KPO and KGO, in charge of Bob Anderson, former news- caster for The Call-Bulletin, and Bob Ackerly, former chief announcer at KOMO. Three news periods a week have been sold to Bathasweet Corp., and two others to North American Accident Insurance Co. To Open Hollywood Spot Hollywood, Oct. 11. — Hollywood's newest theatre, the Teleview, on Hol- lywood Boulevard, will open Oct. 21 with newsreels and short subjects. The Teleview will be the first of a circuit which Teleview Theatre Corp., headed by Arthur Klein, operate throughout the West. Dunbar Aide to Seed Pittsburgh, Oct. 11.— Bob Dunbar, West Virginia salesman for Warners, has been named office manager and assistant to Harry Seed, branch head, in the Pittsburgh exchange. He suc- ceeds Paul Krumenacker, recently named Albany exchange manager. Named KSRO Manager San Francisco, Oct. 1. — Wilt Gunzendorffer, formerly manager of KFRC's artists bureau, has been named manager of KSRO, Santa Rosa. Larry Thatcher, former news- paperman, is the station's new com- mercial manager. Carson Is in New York H. R. Carson, general manager of All-Canada Radio Facilities, Ltd., largest radio operators in the Do- minion, arrived in New York yester- day. Maxine Pasteur in Town Maxine Pasteur, WIP, Philadelphia, singer, is here on an extensive visit, to shop and stare. Name Carroll Manager New Haven, Oct. 11. — Lewis P. Carroll of Boston has been appointed manager of the 284-seat Lincoln, re- opened last week by Harry Segal and Joseph E. Levine of Boston, new lessees. Carl Ruff Goes to WOR Carl Ruff has joined the WOR press department, succeeding Tom Kearns, recently resigned. Alert. Intelligent to the^ Picture Industry i- lufc copy FNlOX r MOTION PICTURE DAILY First in and Impartial 44. NO. 73 NEW YORK, THURSDAY, OCTOBER 13, 1938 TEN CENTS Ascap Laws of 5 States Face Validity Test Supreme Court Hearing Due Early Next Year Constitutionality of state legislation prohibiting Ascap from operating in five states will be tested in the U. S. Supreme Court around the first of the year. Schwartz & Frohlich, counsel for Ascap, has decided to introduce argu- ments on the constitutionality of the legislation when the high court hears appeals on the Florida and Washing- ton legislative cases within the next three months. The Florida case will provide a clear test of the constitutionality of the Nebraska anti-Ascap law, as the two are substantially alike; while the Washington case will apply to the Montana and Tennessee Ascap statutes for the same reason. Accordingly, all -existing anti-Ascap legislation is af- \ a.d by the coming hearings. . ^Sl>ap's attack on the constitutional- ny. , the Washington law was dis- mlStSu b>r a Federal statutory court on the g,roun(j tnat the music licensing society _i0iad failed tQ show that the re_ Quired urisd;ctional amount of $3,000 iny.olved. Ascap's appeal from this ru^lng was accepted by the Su- preme Court Monday, wnen it con- th" - f t0 'iear t'le soc'ety's case- When t * Appeal is argued in December or ■\iuary, Schwartz & Frohlich will R|( Continued on page 2) So Help Us! James P. Cunningham of Motion Picture Herald is in Westchester Hospital, the Bronx, for observation. The institution is so crowded that Cunningham has a room in the maternity ward with two cribs alongside the bed. Allied Ready For Industry Talks— Myers Grand Rapids, Oct. 12. — Allied is willing to go along and the differences of the past between this organization and the rest of the trade can be for- gotten for the good of all, was the encouraging keynote of an address made today by Abram F. Myers, Al- lied chieftain at the final session of a two-day convention of the Michigan unit of the association, here at the Morton Hotel. William F. Rodgers, M-G-M gen- eral sales manager and leader in the present industry trade practice meet- ings, was a principal guest. "Let the dead past bury its dead," said Myers. "We now have our eyes turned to the day when we may per- form a constructive work that should have been done 10 years ago. "Allied, as you know, is a thor- oughly democratic organization. All power resides in a board of directors. The directors are chosen by the af- (Continucd on pane 2) Odeon-G. B.-Woolf Behind $40, 000, 000 Theatre Merger London, Oct. 12. — What is un- doubtedly the biggest transaction of its kind to be considered here is a proposal whereby certain mighty in- surance companies and financial inter- ests may advance a possible $40,000,- 000 in new underwriting and recapi- talization to Odeon Cinema Holdings, Ltd. (Oscar Deutsch) for the pur- pose of absorbing into Odeon several of the most important London Thea- tre circuits, including the Gaumont British theatres, additionally to Uni- versal company's distribution and the General Theatres Corp. (Woolf- Portal-Rank) and the Bernstein The- atres, Ltd. This would give Odeon control of approximately 700 theatres, largest number under one control. Involved on the financial end of the prospective matter is the powerful Prudential Assurance Co., Ltd. E. H. Lever, brains behind this firm, it is understood, has participated personally in discussions revolving around the discussed undertaking. United Artists is a partner in Odeon. Prudential is principal back- er of London Films (Korda). Whether the G.B. end of the deal goes through is entirely dependent on whether the project receives the ap- proval of Sidney R. Kent, president of 20th Century-Fox, and Joseph M'. Schenck. It is understood here that the parties will not be able to get the consent of United Artists to the matter until the approval of Kent and Schenck shall have been had, as 20th Century-Fox is a principal GB owner. It is understood that the Ostrers are asking $7,500,000 for their end of the deal. Another $10,000,000 (Continued on pane 2) EUROPE SEEKS TO UTILIZE U.S. RADIO FOR PROPAGANDA Recent Crisis Reawakened Powers to U. S. Radio Value; Alien Agents Ply Foreign Language Stations By JACK BANNER Certain European states, whose acute awareness of the power of radio as a propaganda medium was reborn during the recent crisis, have descended upon American stations engaged in foreign language broad- casting, with a view toward winning the support and opinions of their nationals in this country. Various envoys of those governments, ar- rived since the temporary peace, are now at work studying the foreign language broadcasts and visiting stations with suggestions as to what their own nationals might like to hear about the mother countries. Nations which have sent investigators here include Poland, Czecho- slovakia, Hungary and Italy. Germany long ago realized the need of having a radio representative in this Independent Unit Revived on Coast Hollywood, Oct. 12. — The Indepen- dent Motion Picture Producers' As- sociation has been revived, after being dormant for several years as a result of the curtailment of independent pro- duction through rising costs. The first aim of the organization will be to seek concessions from the Screen Actors' Guild and labor groups which will permit lower labor costs on films than the scales set up for the major studios. George Hirliman, Lou Rantz, Phil Krasne, Phil Goldstone and Edward Halperin have been named to confer with the guild on the concession request. Officers of the organization are: Phil Goldstone, president ; Phil Krasne. George Hirliman and Sig Neufeld, vice-presidents ; Sam Wolf, secretary and general counsel, and Bud Barsky, treasurer. I. E. Chad- wick was the last president of the group. Mexicans to Boost Product This Fall Mexico City, Oct. 12. ■ — Made-in- Mexico pictures are to have their in- nings this fall as exhibitors have de- cided to abandon their practice of shy- ing off home productions from Octo- ber to December, the period when the Municipal Government checks up on theatres to strike an average for the monthly tax to be put into effect next year. During this period, Mexican (Continued on pane 2) a radio representative m country, and has a Kirk Sell acting in Washington as the official representa- tive of German radio in this country. Duties ' of the foreign investigators are to listen to transcripts and read scripts of the talk and news programs aired by the American foreign lan- guage stations, the number of which has increased greatly in recent years, and to make analyses and reports of what they hear to their home govern- ments. As far as can be learned, belief is that some of the foreign radio investi- gators may not have complied with the recent law that all persons engaged in propaganda work for foreign gov- ernments or interests, register with this government, although a full check has not been made. However, it is known that the U. S. Government has learned of the situa- tion, and now has a staff at work to determine the extent and value of the propaganda that is being planted with the foreign language stations. Harris Party to Be Atop the Music Hall W. G. Van Schmus, managing di- rector of the Radio City Music Hall, has granted the use of a studio atop the theatre for a reception by Harold B. Franklin to John Harris, head of the Harris Amusement Enterprises, Pittsburgh, Monday at 5 P.M. The reception is in connection with the industry campaign, Motion Pic- tures' Greatest Year, of which Frank- lin is business manager, and is to honor Harris, whose father was owner of the first motion picture theatre in Amer- ica, at Pittsburgh. MOTION PICTURE DAILY 4 Purely Personal ► 2 Allied Ready For Industry Talks — Myers (Continued from page 1) filiated regional associations. That board will meet in New York on Oct. 17. Nathan Yamins and I will make our report to the members. "And so I am uttering a prayer for the success of the movement which Rodgers has so skilfully launched, a plea for continued confidence in and support of Allied and a committee which it may name, and a solemn warning to distributors and exhibitors alike that during the next 65 days they will be very much on the spot. All concerned in the forthcoming de- liberations will be under close ob- servation by the entire industry, the Government and the organized con- sumer groups. Any display of insin- cerity, bad faith, personal selfishness or attempted conniving will meet with swift retribution. Allied Board Meets Jan. 10 "The annual January board meeting will come on Allied's 10th anniver- sary. Possibly I am a hopeless op- timist, but I profoundly believe it will be the occasion for great rejoicing. We may even receive that friendly recognition by the Big Eight that has been withheld through the intervention of the industry politicians. It is an inspiring prospect, that of a united in- dustry, its wounds bound up and its anguish assuaged, surging forward to even greater accomplishments." Rodgers spoke straight from the shoulder. "Generally speaking," he said, "the fruits of our labor have been good to us all. The ideals are about to be realized. "We, distributors, sincerely want to have a state of confidence to exist, and we are ready to discuss every phase of our different problems and we will do our level best to bring about the understanding that will enable us, all, to more completely enjoy the benefits of our great industry." "I have had sufficient cause to be- lieve," he went on, "that your organi- zation and personnel are interested, as other exhibitor bodies are, too, toward the solution of any existing problem by self-regulation from within our industry. Keynote Is Conciliation "Conciliation, rather than legislation, is our keynote." An approximate gain of 60 per cent in the organization's membership over the past year was noted. Resolutions of credit were voted to the officers. The majority of the officers and direc- tors were re-named for another year, including Ray Branch of Hastings, as president, and E. E. Kirchner of De- troit as secretary-treasurer. C. R. Beechler, Charlotte, was elected vice- president. The new directors named are Allen Johnson, Walter Semeyn, Grand Rapids; H. Carley, Holland; W. A. Cassidy, Midland ; G. A. Cross, Battle Creek; W. J. Olson, Clare; J. H. Ross, Lansing ; P. C. Schram, Kala- mazoo ; William Schulte, J. E. Stack- er, Detroit ; W. G. Thick, Marshall, and George Wilbur, Wyandotte. HIRAM SHERMAN and Millen Brand, the latter author of "The Outward Room," have been added to the program arranged by the film di- vision of the Theatre Arts Commit- tee meeting at the Astor Hotel Friday night. • F. J. A. McCarthy, eastern sales manager for Universal, left yesterday for a sales trip to New Orleans, with visits scheduled at other southern branches. Leon Fromkess, Monogram treas- urer, left last night for Los Angeles to confer with coast officials about forthcoming production plans. • Paul Radin, formerly with United Artists, is now assistant to Donald Gibbs, in charge of Paramount adver- tising at the Buchanan Agency. • Hannah Cass, head of title de- partment of Columbia Pictures, is re- cuperating from an operation. She is at the Murray Hill Hospital. • Marion Robertson, talent scout for RKO, will talk at the Film Forum of the National Board of Review to- night on "I Am a Talent Scout." • Lee Patrick, who recently finished in "The Sisters," will come east next week to appear in a stage play. • Dan Kelley head of Universal's casting department, has arrived for a week's stay at the home office. Joe Pasternak, Universal pro- ducer, is in town. Warners Shift George Philadelphia, Oct. 12. — Douglas George, in charge of Warner publicity for the out-of-town theatres in the Philadelphia territory, has been trans- ferred to Standard Theatres, Warner subsidiary, in Oklahoma City. Grant Five Fellowships Five new fellowships have been granted to young playwrights by the John Golden Fellowship Committee, the funds to come from the $5,000 contributed to the Dramatists' Guild by John Golden. BEN GOETZ, M-G:M's British production chief, arrived from the coast yesterday and plans to sail next Wednesday on the Queen Mary with Sam Wood, director. • Harry M. Warner is due Tuesday from the coast for a stay of two or three weeks. • Alonzo Follett, electrician at the Orpheum, Yorkville, is celebrating the completion of 21 years with Loew's. • Rick Ricketson, Fox Intermoun- tain manager in Denver, is here for conferences with Spyros Skouras. • Thomas Mitchell and E. J. Nayer flew to the coast last night via United. English Officials Attack Political Reel Censorship London, Oct. 12. — Unofficial politi- cal censorship of newsreels was pub- licly condemned today by Herbert Morrison and Reginald Stamp, spokes- men for the London County Council. The situation arose out of the diplo- matic protest against allegedly critical remarks concerning Prime Minister Chamberlain's foreign pplicy in the British Paramount reel during the re- cent crisis, when Paramount withdrew the offending passages. Following Morrison's appeal to the trade not to submit to political censor- ship and party propaganda, Stamp threatened that if a similar circum- stance arises again he will consider the matter officially. He is resentful of the questioning of his authority im- plied in the effort of other sources to censor reels. Col. Votes Dividend Columbia directors yesterday voted the regular quarterly dividend of 68^4 cents per share on the company's $2.75 convertible preferred stock, payable Nov. 15 to stockholders of Record Nov. 1. Thursday, October 13, 1938 Ascap Laws of 5 States Face Validity Test (.Continued from page 1) ask for dismissal of the proceefc-n'i on the ground of unconstitutionality of the state law. The Florida appeal will be heard ■ by the high court at the same time the Washington case is heard. The high court, likewise, agreed last Mon- day to review proceedings in this case. The Florida appeal revolves primarily around Ascap's effort to have the pres- ent Florida state attorney made a party to its injunction proceedings to restrain the state from enforcing the anti-Ascap law. In this case, too, however, counsel for the society will ask for a dismissal of the proceeding on the ground of unconstitutionality. In neither case has a lower court passed on the constitutionality of the statutes. Ascap's attack on the Montana law was tried before a Federal statutory court in Butte in April, 1937, but no decision has ever been handed down by that court. The case was fought on the ground of unconstitutionality. The Tennessee and Nebraska cases have not been tried in the lower court. Mexicans to Boost Product This Fall (Continued from page 1) pictures had but scant exhibition, for, exhibitors told officials, these films swelled receipts. The authorities here agreed to fif' ure out the average receipts ioy whole year in December to esy the new year's impost. This vi- able domestic pictures to have^ showing in the fall. Twenty si tures are now ready for exhibit M-G-M Takes Loew i_ Hollywood, Oct. 12. — Davk\ Loew has closed a deal for the rel ison Square Garden offered the only competition. The weather helped. Out-of-towners, high school stu- dents and families filled the theatres before 11 A. M. It was S. R. O. in many houses until 3:30 P.M. The Paramount, with "If I Were King," grossed $10,000 for the day, approxi- mately $2,500 better than last year. Evening business tapered off some- what but continued to fill the houses comfortably. In its ninth week at the Astor, "Marie Antoinette" sold out for both performances. "Drums" at the Music Hall equalled Columbus Day figures set by "Stage Door" last year. The second week's business, ending last night, is estimated at $83,000. "Straight, Place" Strong "Straight, Place and Show," at the Roxy played to standing room all day, and "Too Hot to Handle" did a ca- pacity business at the Capitol. Al- most half the matinee business at both theatres was accounted for by high school students. "Dark Rapture" was reported "terrific" at the Globe and will be held for an indefinite run. The Strand, which opened at 9 A.M., for the last day of "Secrets of an Actress," had several hundred standees until 3 P. M. A preview of "Broadway " isketeers" and the last day of "King Icatraz" filled the Criterion to v. e offices of the major compa- re closed for half a day with eption of 20th-century Fox, full day off was granted. Two More Groups To Attend Parley The M. P. T. O. of Kentucky and the Theatre Owners and Managers o{ the Rocky Mountain Region yesterday accepted the invitation of William F. Rodgers to attend the trade practice negotiations here beginning next Wed- nesday. Of the eight regional exhibitor or- ganizations not affiliated with either M._ P. T. O. A. or Allied States which were asked to send representa- tives to the conferences, only Allied Theatres of Oregon had not been heard from by yesterday. Six ac- cepted the invitation and the seventh, the West Virginia Managers Associa- tion, designated the M. P. T. O. A. as its representative. The Kentucky organization will be represented by Lee Moffitt, Owens- boro ; Leo Keiler, Paducah ; Richard Martin, Jr., Ashland; C. O. Brown, Middlesboro; Lawrence Davis, Haz- ard; Fred Dolle and Sam Switow, Louisville. The Rocky Mountain T. O. M. will meet in Denver tomorrow or Satur- day to appoint a committee to repre- sent the organization at the negotiat- ing sessions here. Allied of Iowa-Nebraska, which indicated its acceptance earlier, yester- day, designated Wesley Mansfield and Leo F. Walcott, president, as its representatives in the negotiations. The two will arrive here Monday and will confer early Wednesday with the distributors' negotiating committee. enck and Goldwyn jave Coast for N, Y. Hollywood, Oct. 12. — Joseph M. jchenck, chairman of the board of 20th Century-Fox, with Joseph Mos- kowitz, trained out today for New York. They were here for confabs with Darryl Zanuck. Samuel Goldwyn is scheduled to leave tonight for the east. Schenck and Goldwyn probably will attend the postponed quarterly meeting of the Hays office, while in the east. Warner s-Tri-States Sign Warners have closed a deal with Tri-States Circuit for the entire Warner-First National and Cosmo politan lineup. Ben Kalmenson, west tern and southern sales manager ; Rud Lohrenz, acting midwest district man ager ; Art Anderson, Des Moines branch manager, and Earl Perkins Omaha branch manager, acted for Warners, and Ralph Branton and Joe Deitch signed for the circuit. Denies Theatre Permit Greensboro, N. C, Oct. 12. — The City Council has turned down the ap plication of E. C. Sutton to erect a film theatre near Greensboro Col lege for Women. Toronto Preparing Film Parade Oct 22 Toronto, Oct. 12. — Final'plans were made here tonight for the Motion Pic- tures' Greatest Year parade Oct. 22. Entries were received from 14 compa- nies and organizations of independent exhibitors. The committee decided no mention would be made of the "Movie Quiz" contest in connection with the parade because of strained feelings among some exhibitors in connection with the films available. The parade committee includes Jack Arthur, manager of the Uptown as chairman, and Ben Cronk, James Nairn, Frank O. Byrne, Mike Wilkes and Harold Kay, who represents inde- pendents. The independents are as- sessing themselves two cents per seat for the parade expenses. Football Ad Films Advertisers in the south are reported to be taking ad- vantage of the seasonal in- terest in football games by shooting a full reel of sec- tional contests and present- ing them to local theatres where they are shown imme- diately after the games. Au- dience reaction indicates that the films are the most pop- ular commercials made thus far. Nathan son to Get All U.A. Product Under Peace Pact N. L. Nathanson (Famous Players Canadian) is to get United Artists Product for this year, and he will get "Drums," Alexander Korda's latest film, additionally. United Artists sold away from Nathanson last year and relations be- tween the Canadian nabob, his com- panies and United Artists were very strained. Nathanson also will call off his suit in London by which he wished to compel performance under his in- terpretation of a contract with United Artists relating to the delivery of "Drums." Nathanson claimed in London that the picture, having started before the cameras in September, 1937, rightfully belonged to him under an original deal with London Films for Canada. That deal expired in October, 1937. It was claimed that the deal in question ex- pressly provided that Nathanson was to get all of the London Films output made during the period covered by the contract. The picture was completed after the contract had expired. Now the whole matter has been set- tled. Nathanson, in New York last week, smoked the pipe of peace with Maurice Silverstone, operating head of United Artists, and a new and bet- ter relationship has been formed. G.N. to Seek Name Talent This Season Plan Big Mexican House Mexico City, Oct. 12. — Construc- tion is scheduled to start this month on a large house to cost 400,000 pesos ($80,000) in Orizaba, Vera Cruz in- dustrial center. The theatre will be built by Compania de Cines Unidos, S.A. It will seat 2,000, and is to be ready next summer. CEA Council Battles Over Doubles— And Gets Nowhere Grand National has started negotia- tions with top bracket acting talent with the aim of building an important player roster for next season, it was said by E. W. Hammons, president, before sailing for England yesterday on the N ormandie . Pointing out that the reorganized company's late start prevented any tal- ent deals of consequence with major studio personalities for the 1938-'39 product, Hammons declared he knew of a number who would prefer making fewer pictures and have them released through an independent company which can devote extra effort to sell- ing individual films. Hammons has been negotiating with Myron Selznick for the release of films to be made on a cooperative per- centage arrangement by Ernst Lu- bitsch, Carole Lombard and others under Selznick's aegis, it is learned. While the Grand National president would not comment on this, he de- clared he is formulating a plan to in- duce important talent to affiliate with Grand National. Says Trend to Big Stars Hammons said he believed the trend among the big artists is to make a smaller number of pictures a year, as insurance against excessive income taxes. His plan would provide for a top notch player to star in two films a year, and he intends to give it a test during the 1939-'40 season. The Grand National president was accompanied by Samuel Berkowitz, executive manager of Fine Arts Pic- tures, which is making a minimum of 26 features for the distributing com- pany. They intend to negotiate a British deal on distribution and ac- quisition of quota films. Hammons said he has three proposals but that the arrangement with Associated British Film Distributors may continue. The deal with that company expired in August and a renewal has been held up pending the reorganization. Release of the entire program is planned in the United Kingdom. Hammons has high hopes for Anna Sten, who is to be starred in Grand National releases. He intends to put her in pictures with an American background. A well known co-star is to be signed for her first film, "Ex- ile Express," which is scheduled to start Wednesday. By AUBREY London, Oct. 12. — Independents and circuits staged a lively battle today in the general council meeting of the Cinematograph Exhibitors' Associa- tion, over the question of running double features, claimed to be a prac- tice of the circuits and vigorously op- posed by the independents. When the smoke cleared after an unusually frank exchange of ideas, the conferees were no nearer a solution of the problem than when they started. The matter will come up for discus- sion again at next month's meeting, with further consideration planned. Cecil Mathies, independent, started FLANAGAN the excitement. The negotiating com- mittee which has been working on the situation reported the chief difficulty to be an agreement on the exact type of film concerned. They pointed out the lack of a definition of what consti- tutes a long feature. It was suggested the only practicable scheme would be registration by the C.E.A. It was officially confirmed that the Kinematograph Renters' Society (dis- tributors) is unwilling to consider further the C.E.A. proposals on over- building. It was agreed to hold the 1939 an- nual C.E.A. convention at Blackpool. Kitchenware Philadelphia, Oct. 12.— For the first time here, dishes are making their appearance on Market Street, the city's "main drag." They are given as premiums at the 333 Mar- ket, a Warner third run house. With the banning of games emphasized by several recent court decisions including a ban on alleeed non-sramblina: games, all Philadelohia is be- coming a dish and premium territory. The most dramatic role he's eve had . . . made twice as importanl because WARN E R BROS, have co< starred with him, for the first tim Bette D; Burn" Hissed with ANITA LOUISE • IAN HUNTER • DONALD C BEULAH BONDI • JANE BRYAN • ALAN HALE • DIC1 FORAN • HENRY TRAVERS • PATRIC KNOWLE An ANATOLE LITVAK PRODUCTION From the Novel by MYRON BRINIG • Screen Play by Milton Krims • Music by Max Steinei Bringing the reader strength of 'Adverse' and 'Robin Hood' and drama strength ranking with filmdom's mightiest.Truly the story of the year. MOTION PICTURE DAILY Out Hollywood Way 6 "Boys Town" Smash in Two Boston Spots Boston, Oct. 12. — "Boys Town" took $47,000 at Loew's State and Loew's Orpheum in a week that kept patrons standing. Dualled with "The Lady "Objects," the bill drew $27,000 at the Orpheum and $20,000 at the State. "Four Daughters" and "Campus Confessions" held up well during a second week at the Metropolitan, drawing $9,000. Estimated takings for the week end- ing Oct. 8 : "King of Alcatraz" (Para.) "Touchdown Army" (Para.) FENWAY— (1,382) 6 days (25c-30c-40c-55c) Gross: $4,500. (Average, $4,000) "Boys Town" (M-G-M) "Lady Objects" (Col.) LOEW'S ORPHEUM— (2,970) (25c-35c-40c- 55c) 7 days. Gross: $27,000. (Average, $12,000) "Boys Town" (M-G-M) "Lady Objects" (Col.) LOEW'S STATE— (3,537) (25c-30c-40c-55c) 7 days. Gross: $20,000. (Average, $11,000) "Four Daughters" (W.B.) "Campus Confessions" (Para.) METROPOLITAN — (4,332) (25c-35c-40c- 55c) 7 days. Gross: $9,000. (Average, $11,000) "King of Alcatraz" (Para.) "Touchdown Army" (Para.) PARAMOUNT— (2,097) (25c-3Oc-40c-55c) 6 days. Gross: $7,000. (Average, $6,000) "Youth Takes a Fling" (Univ.) "Affairs of Annabel" (RKO) RKO MEMORIAL— (2,790) (25c-40c-55c- 65c) 7 days. Gross: $11,000. (Average, $13,000) Goodman, "Giants" Minneapolis Lead Minneapolis, Oct. 12. — Led by the combination of Benny Goodman's band and "Valley of the Giants" Orpheum records were smashed here by a $26,- 500 gross. "Boys Town" at the State took $12,800. Par is $4,400. "Three Loves Has Nancy" also fared well, doing $5,800 at the Century compared with a normal of $4,000. Estimated takings for the week end- ing Oct. 6: Minneapolis: "Three Loves Has Nancy" (M-G-M) CENTURY— (1,600) (25c-40c), 7 days. Gross: $5,800. (Average, $4,000) "Valley of the Giants" (W. B.) ORPHEUM— (2.900) (35c-55c) 7 days. Stage: Benny Goodman and His Band. Gross: $26,500. (Average, $4,800) "Boys Town" (M-G-M) STATE— (2,300) (25c-40c) 7 days. Gross: $12,800. (Average, $4,400) "The Charm of La Boheme" (International) WORLD— (400) (25c -55c) 6 days. Gross: $1,300. (Average, 7 days, $1,600) St. Paul: "Valley of the Giants" (W. B.) ORPHEUM— (2,000) (25c-40c) 6 days. Gross: $2,000. (Average, $3,200) "Boys Town" (M-G-M) PARAMOUNT— (2,500) (25c-40c) 7 days. Gross: $7,500. (Average, $4,400) "Rich Man, Poor Girl" (M-G-M) RIVIERA— (1,000) (25c) 7 days. Gross: $1,900. (Average, $2,400) "King of Alcatraz" (Para.) "The Chaser" (M-G-M) TOWER— (1,000) (25c) 7 days. Gross: $2,200. (Average, $1,600) "Kathleen" (Foreign) "Club de Femmes" (Foreign) WORLD— (400) (25c-35c) "Kathleen," 5 days; "Club," 2 days. Gross: $700. (Aver- age, $700) Hollywood, Oct. 12. — Bette Davis and Errol Flynn, teamed in "The Sisters," will be seen together again in Warners' "Queen Elizabeth." . . . Bob Burns' next for Paramount will be "I'm From Missouri," with Gladys George opposite. Mary Carlisle has replaced Eve- lyn Keyes, ailing with appendicitis, in Paramount's "Say It In French." . . . Ann Ronell has been signed by Universal to write American lyrics for two classical songs which Deanna Durbin will sing in "That Certain Age." . . . John B. Nathan, Para- mount's general manager in Argen- tina, Paraguay and Uruguay, is here for a series of conferences on studio product. John Payne has been chosen for the top role of Warners' "Row, Row, Row," a sequel to "Brother Rat" . . . Wayne Morris^ Johnny (Scat) Davis, and Ronald Reagan will have featured parts . . . Patricia Morri- son, former fashion designer, has ar- rived to make her film debut in Para- mount's "Persons in Hiding." + Casting — Samuel S. Hinds in "West Side Miracle," and Betty Blythe in "Little Tough Guys in Society," Universal . . . Terry Kil- bourne has been borrowed from M-G-M for Roach's "Topper Takes a Trip" . . . Grant Mitchell replaces Ralph Morgan as the male lead of Standard's "The Headleys at Home." . . . Antonio Moreno will have a fea- tured part in Paramount's "Ambush," which will star Gladys Swarthout . . . Sidney Toler in "King of China- town," Paramount . . Maurice Cos- tello in "Nuts and Bolts," M-G-M short . . . Warner placements : Irving Bacon in "They Made Me a Crim- inal" ; John Carroll in "Swingtime in the Movies," short subject; Humphrey Bogart and Donald Crisp in "Oklahoma Kid" ; Fred Koehler, Tim Holt, Mayo Methot and Guinn Williams in "Dodge City." + Writers — Dorrell and Stuart Mc- Gowan, brother writing team recently at Republic, have gone over to M-G-M . . . Hal Roach has borrowed Walter DeLeon from Paramount to write the script for "This Time It's Love," first of the Oliver Hardy- Harry Langdon series . . . Norman Reilly Raine is developing the screenplay of "The Roaring Road" at Warners. + Contracts — Warners has extended the contract of Lloyd Bacon, who has been with the lot for 12 years . . . M-G-M has signed Tom Neal and Monogram Adds Three Three additions have just been made to the Monogram sales force. Earl F. Taylor has been made office man- ager and booker at Washington, Her- man Marks has been put in charge of booking at Chicago, and Robert Drew has become a salesman in the Cincinnati exchange. Wheaton Rejoins G. N. Denver, Oct. 12.— C. L. Wheaton has been rehired as office manager and booker at the Grand National ex- change. Jack Carlton, as actors ; Edith Fitzgerald, scenarist, and has ex- tended the contract of George Bass- man, musical arranger. + Directors — Richard Harlan, as- sistant director on Paramount's "Am- bush," to direct "Radio Troubadour," the all-Spanish picture which Dario Faralla will produce for Paramount. + Story Buys — "The First Co-Ed," an original by Mary McCall, Jr., and Stanley Rauh, has been purchased by Samuel Goldwyn . . . Edward Small has acquired Howard Spring's "My Son, My Son." "Daughters" Chicago Hit; Gets $49,000 Chicago, Oct. 12. — "Four Daugh- ters" aided by Veloz & Yolanda, gave the Chicago an excellent $49,000. The World's Series crowds helped night business in the Loop and bolstered bus- ness there considerably. At the Roosevelt "Valley of the Giants" was a strong attraction and took $14,600 above normal. Else- where business was nothing to brag about. Estimated takings for the week end- ing Oct. 5-6: "Sing You Sinners" (Para.) APOLLO— (1,400) (35c-55c-65c) 7 days. Gross: $6,300. (Average, $6,500) "Four Daughters" (W. B.) CHICAGO— (4,000) (35c-55c-75c) 7 days. Stage: Veloz & Yolanda & Revue. Gross: $49,000. (Average, $32,000) "Touchdown Army" (Para.) GARRICK— (900) (30c-40c-50c) 7 days. Gross: $5,200. (Average, $6,500) "Youth Takes a Fling" (Univ.) PALACE— (2,500) (35c-55c-75c) 7 days. Stage: Count Bernevici's Revue. Gross: $16,500. (Average, $19,000) "Rich Man, Poor Girl" (M-G-M) STATE - LAKE — (2,776) (20c-25c-30c) 7 days. Stage: Vaudeville Revue. Gross: $12,500. (Average, $13,000) "Valley of the Giants" (W. B.) ROOSEVELT— (1,300) (35c-55c-75c) 7 days. Gross: $14,602. (Average, $11,000) "Algiers" (M-G-M) UNITED ARTISTS— (1,700) (35c-55c-75) 7 days, 2nd week. Gross: $13,500. (Average, $15,000) "Can't Take" Big In Omaha, $7,400 Omaha, Oct. 12.— "You Can't Take It With You," at the Brandeis, did the only exceptional business for the week, grossing $7,400 in seven days. It was held a second week. "Boy Meets Girl" and "Gateway" pulled $8,100 in seven days at the Orpheum. "Marie Antoinette," with $7,300 in nine days at the Omaha, broke even. Estimated takings for the week end- ing Oct. 5-6: "You Can't Take It With You" (Col.) BRANDEIS— (1,200) (25c-35c-40c) 7 days. Gross: $7,400. (Average, $4,000) "Marie Antoinette" (M-G-M) OMAHA— (2,200) (25c-40c) 9 days. Gross: $7,300. (Average, $5,500) "Boy Meets Girl" (W. B.) "Gateway" (20th-Fox) ORPHEUM-(3,000) (25c-40c) 7 days. Gross: $8,100. (Average, $7,200) Thursday, October 13, 1938 "Moon" with Show $20,500 Philadelphia Philadelphia, Oct. 12. — "Garden of the Moon," with Wayne Morrk^d Johnny (Scat) Davis on the stagjRt the Earle, went out front in a big way with . a take of $20,500. This was $6,500 into the profit column. The other big draw of the week was "Boys Town" which held up to $14,- 000 at the Aldine in the 10 days which included the third week. This ended the run. "Marie Antoinette" took $16,000 in its second week at the Boyd and was held for another. "Boys Town" (M-G-M) ALDINE— (1,300), (40c-55c-65c-75c), 10 days, 3rd week. Gross: $14,000. (Average, 7 days, $8,160) "Give Me a Sailor" (Para.) (2nd run) ARCADIA— (600) (25c-40c-55c) 3 days. Gross: $600. (Average, 7 days, $2,800) "Marie Antoinette" (M-G-M) BOYD— (2,400) (40c-55c-65c) 7 days, 2nd week. Gross: $16,000. (Average, $14,000) "Garden of the Moon" (W. B.) EARLE— (2,000) (25c-40c-55c) 6 days. Stage: Johnny (Scat) Davis and orchestra with Wayne Morris. Gross: $20,500. (Aver- age, $14,000) "Hold That Co-ed" (ZOth-Fox) FOX— (3,000) (40c-55c-65c-75c) 7 days. Stage: Ina Ray Hutton Band, 6 days. Gross: $16,000. (Average, $14,000) "Four Daughters" (W. B.) (2nd run) KARLTON — (1,000) (25c-40c-55c) 7 days, 2nd week. Gross: $3,300. (Average, $4,000) "Straight, Place and Show" (20th-Fox) (2nd run) KEITH'S— (2,000) (25c-40c-55c) 7 days. Gross: $2,700. (Average, $4,000) "Room Service" (RKO) STANLEY— (3,700) (40c-55c-65c) 7 days. Gross: $14,500. (Average, $14,000) "Road To Reno" (Univ.) STANTON— (1,700) (25c-40c-55c) 7 days. Gross: $4,700. (Average, $7,000) "Can't Take" Set; Fast Seattle rn Seattle, Oct. 12. — "You Cafsed It With You" set a terrific the Liberty, grossing $10,500, vys was more than double normal f<. house. It vas held. "Boys Town," on a dual wT "Safety in Numbers," pulled a strong $8,400 at the Fifth Avenue and was moved to the Blue Mouse. "Marie Antoinette" held up to $3,750 in its third week of an extended run from the Fifth Avenue and was continued. Estimated takings for the week end- ing Oct. 7: "Four's a Crowd" (W. B.) BLUE MOUSE— (950) (30c-40c-55c) 7 days, 2nd week, extended run from Or- pheum. Gross: $3,500. (Average, $4,000) "Boys Town" (M-G-M) "Safety in Numbers" (20th-Fox) FIFTH AVENUE— (2,500) (30c-40c-55c) 7 days. Gross: $8,400. (Average, $7,000) "You Can't Take It With You" (Col.) LIBERTY— (1,800) (2Oc-30c-40c-55c) 1 days. Gross: $10,500. (Average, $5,000) "Marie Antoinette" (M-G-M) MUSIC BOX— (950) (30c-40c-55c) 7 days, 3rd week, extended run from Fifth Avenue. Gross: $3,750. (Average, $4,000) "Breaking the Ice" (20th-Fox) "Give Me a Sailor" (Para.) ORPHEUM— (2,450) (30c-40c), 7 days. Gross: $5,100. (Average, $6,000) "Barefoot Boy" (Monogram) "The Devil's Party" (Univ.) PALOMAR— (1,500) (15c-25c-35c) 7 days. Vaudeville headed by Del Ohrel. Gross: $4,200. (Average, $4,500) "Hold That Co-ed" (20th-Fox) PARAMOUNT— (3,050) (30c-40c) 7 days. Stage: "Jitterbug Jamboree." Gross: $6,150. (Average, $6,000) -*fl 1^ 1 „ scree" event ^ *° ' M do very «^re Rep"* s«on9erstory ;he . -rue son w . .Ilfe! _ . ne ^25 itron9*r st° Y of picture the v "Che sort . tore»." m\ner ,y Sor«9- nionne ^ ^on *• w JOT"' • pokro** xeCO IW« 0f>9*°\fbv Sidney^ hed under • ^ ,V,e Conn- Q „„„„ *- B - ^ ^^^^^^^ Copyright 1938 NEA SERVICE, Inc. THE KEYSTONE OF YOUR FUTURE This, more than ever before in the history of the motion picture indus- try, is a time of thanksgiving. Thanksgiving that the world is not whirling into the chaos of war. Thanksgiving that the hearts of our own country are lighter. Thanks- in giving that the wheels of industry once more are turning, that the business indices ^ ssed show steadily mounting gains, that our hopes and our faith in America and iys American enterprise are once more gloriously justified. More than that, this is a time for us to be proud of our own industry. Proud of the courage and the enterprise which every single motion picture company has shown during recent months, the courage and the enterprise which created, dur- ing months of despair, the very pictures now making record showings at the nation's box office. Such pictures as Metro's "Marie Antoinette," R-K-O's "Room Service," 20th Century-Fox's "Alexander's Ragtime Band," United Artists' "Drums," Warner Bros.' "Four Daughters," Columbia's "You Can't Take It With You," Universale "That Certain Age." s. grateful hearts.,* Iroud of the spirit of cooperation and good- will which made the great united front of the Motion Picture Industry drive possible. Proud of the fact that the words of criticism hurled at us during those worried months last Spring and Summer have returned to haunt their small- visioned authors . . . While we write this, crowds of joyous fans are storming the doors of the Take^New York Paramount Theatre to see "If I Were King." Another hit is about to ing^ttake its place among such new record breakers as "Sing You Sinners" and "Spawn m| of the North." The critics confirm our belief that "The Arkansas Traveler" is another potential smash. And there need be no guesswork about "Men With Wings." The hope and faith which kept us planning and working and spending during the Spring and Summer are bringing golden returns . . . So, last but not least of all, we say this, is a time to go forward with even greater courage, with even greater enterprise. And we at Paramount, with grateful hearts for this pleasant present, promise to our exhibitors and to our industry that we shall strive with every energy we have toward an even grander, more glorious future. Paramount Pictures 10 MOTION PICTURE DAILY Thursday, October 13, 1938 "Drums" Sets Fast Pace at Los Angeles Los Angeles, Oct. 12. — "You Can't Take It With You" was still the out- standing grosser here in its second week at the Hill street and the Pan- tages. At the former it pulled $13,- 000 and at the latter $14,500, both about 100 per cent over normal. "Drums" was in the hit class with a take of $6,890 at the 4-Star. Estimated takings for the week end- ing Oct. 12: "Straight, Place and Show" (ZOth-Fox) "Time Out for Murder" (20th-Fox) CHIXESE— (2,500) (30c-75c) 7 Gross: 88,838. (Average, $12,500) "Drums" (U. A.) 4 STAR — (900) (40c-55c) 7 days. Gross: $6,890. (Average, S3.250) "You Can't Take It With You" (Col.) HILLSTREET — (2.700) (30c-65c) 7 days, 2nd week. Gross: S13,000. (Average, $6,- 500) "Straight, Place and Show" (20th-Fox) "Time Out for Murder" (20th-Fox) LOEWS STATE— (2,500) (30c-75c) 7 days. Gross: 10,260. (Average, S14.000) "You Can't Take It With You" (Col.) PAXTAGES— (3,000) (30-65c) 7 davs, 2nd week. Gross:_$14.500. (Average, $7,000) "Campus Confessions" (Para.) PARAMOUXT — (3,595) (30c-65c) 7 days. Stage: Gene Autry, Betty Grable. Pat Rooney, Jr., F. & M. revue, Rube Wolf and his orchestra. Gross: S14,000. (Average. $18,000) "Girls on Probation" (F. N.) "Secrets of an Actress" (F. N.) WARXER BROS. (HOLLYWOOD)— (3,- 000) (30c-65c) 7 days. Gross: $11,500. (Av- erage, $14,000) "Girls on Probation" (F. N.) "Secrets of an Actress" (F. N.) WARXER BROS. (DOWXTOWX)— (3,- 400) (30c-65c) 7 davs. Gross. $13,200. (Average. $12,000) days. "Too Hot" $12,000 Milwaukee Leader Milwaukee, Oct. 12. — The week's big money went to "Too Hot to Handle" and "The Chaser" which grossed $12,000 at Fox's Wisconsin. This was $4,000 to the good and the bill was held over. Second money went to "Algiers" and "Mr. Doodle Kicks Off" at the Warner with $8,000, just £3.000 above average. "Three Loves Has Nancy" and "The Lady Objects" collected $6,000, $1,000 up, at the Palace. Estimated takings for the week end- ing Oct. 6 : "Three Loves Has Nancy" (M-G-M) "The Lady Objects" (Col.) PALACE— (2,400) (35c-50c) 7 days. Gross: $6,000. (Average, $5,000) "Highway Patrol" (Col.) RIVERSIDE— (2,300) (25c-?Oc) 7 days. Stage: World Fair Prevue. Gross: $5,600. (Average, S5,000) "Boys Towns" (M-G-M) "Speed To Bum" (20th-Fox) STRAXD— (1,400) (33c-50c) 7 days. Gross: $5,000. (Average, $4,500) "Algiers" (U. A.) "Mr. Doodle Kicks Off" (RKO) WARXER— (2.400) (35c-50c) 7 days. Gross: $8,000. (Average, $5,000) "Too Hot To Handle" (M-G-M) "The Chaser" (M-G-M* WISCONSIN— (3,200) (35c-50c) 7 days. Gross: S12,000. (Average. $8,000) Change Ridgewood Law A law requiring a license fee of $50 for every placard used on the streets of Ridgewood, X. J., will not be enacted in its present form, according to a decision of the city council. The proposal affects theatre advertising. Hollywood Previews "Torchy Gets Her Man" ( Warners) Hollywood, Oct. 12. — There's a lot of excitement, mystery, comedy and romance in this episode of the "Torchy Blane" series. Effectively put across, with the leading players, Glenda Farrell, Barton MacLane, Frank Shannon and Willard Robertson, checking in expert perform- ances, the combination makes for fast-moving entertainment. Story twists, production details, the favor with which the series has met plus prestige of name values constitute the basis for some new exploitation ideas. A racetrack is the major locale. As usual, Miss Farrell's womanly intuition and her nose for news rescue Detective MacLane from an em- barrasing predicament. Assigned to break up a counterfeit ring, Mac- Lane installs Robertson, a suave crook, as a mutuel window clerk. Through Kennedy, the detective's comedy stooge, Miss Farrell gets news of his whereabouts. Immediately suspecting Robertson of being a double dealer, Glenda enlists the aid of Kennedy and a police dog in exposing him. The action threatens peril to the girl, but a message which the dog brings confirms MacLane's suspicions of Robertson. When put in a position where he either must confess his guilt and save Miss Blane or die with them, Robertson breaks down. Miss Farrell and MacLane patch up their differences until the next case comes along. Albert DeMond's original screenplay makes possible a plausible set of situations and characterizations. William Beaudine's direction, par- ticularly in the manner in which he uses the dog, is a workmanlike job. Running time, 60 minutes. "G." G. McC. 99 The Last Express (Crime Club-Universal) Hollywood, Oct. 12. — "The Last Express." another in the series of crime melodramas Crime Club is producing for Universal release, has a difficult title for exploitation purposes, but its content is fast moving entertainment distinguished from the previous Crime Clubbers by a more compact story, liberal sprinkling of comedy, and definitely estab- lished characterizations. It is a story of political corruption in Xew York City, and a portion of the action takes place in the maze of sub- ways under the city. From this the title is derived. The story is based on Maynard Kendrick's novel, "The Last Express," and the screenplay by Edmund L. Hartmann is replete w7ith humor and tenseness. Kent Taylor, as the smooth talking private detective, and his stooge, Don Brodie, have the outstanding roles. They are supported by Dor- othea Kent, Paul Hurst. Addison Richards, Greta Granstedt, Robert E. Keane, J. Farrell MacDonald. Edward Requello. Albert Shaw. Samuel Lee and Charles Trowbridge. Otis Garrett milked the plot to its utmost to present a well rounded bit of screen fare aimed at crime melodrama fans. Irving Starr was the producer. Taylor and Brodie, hired to make a "payoff" for a gangster for evi- dence condemning the criminal, are menaced by the gang when the evidence is stolen. They are also confronted by police who suspect them as murderers, and are embarrassed in their search for the evidence by the murder of a special prosecutor. In the Crime Club formula, the suspects are all rounded up at the climax, with Taylor presenting the solution. Running time, 60 minutes. "G." Vance King « 99 Down on the Farm (20th Century-Fox) Hollywood, Oct. 12.— Fun on the farm is the basis of the enter- tainment provided in "Down On the Farm." The picture is more a series of humorous episodes than it is the development of a storv. Three newcomers, Louise Fazenda, Eddie Collins and chunky little Dorris Bowdon, join the familiar "Jones Family" cast with bene'ficial results. The "Jones Family" goes on a country vacation after over-zealous firemen wreck their home. George Ernest is hilariously hazed by Miss Bowdon, Louise Fazenda gives demonstrations of her stentorian vocal ability and Prouty and Collins check in many laughs as they over- indulge in a jug of corn liquor. Russell Gleason gets Prouty involved in a corn husking contest. Melodramatic complications ensue as a couple of city slicker politicians conspire to have Prouty kidnapped. Rescued by Ernest and Miss Bowdon, he arrives at the scene of the corn husking match in the nick of time and emerges the winner. Although funnier than some, it maintains the established tradition. Homer Croy, Frank Fenton and Lynn Root concocted the original story which Robert Ellis and Helen Logan transcribed to screenplay form. Malcolm St. Clair directed. Running time, 60 minutes. "G." G. McC. "Can't Take" Washington's Top, $21,300 Washington, Oct. 12. — "You Can't Take It With You" at Warners' Ea/ifV did $21,300 last week. As a result, &i management reversed a policy of 10 years' standing and booked the film for a second week. A return of "Boys Town" did aver- age business at Loew's Palace. "Three Loves Has Nancy," at Loew's Colum- bia, and "Four Daughters," at War- ners' Metropolitan, were over par. Estimated takings, exclusive of tax, for the week ending Oct. 6 : "Algiers" (U. A.) LOEW'S CAPITOL— (3,434) (25c-66c) 7 days. Stage: Cass Owens and Topsy, Svbil Bowan and Chester Hale Girls. Gross: $15,500. (Average, $16,500) "Boys Town" (M-G-M) LOEW'S PALACE— (2.370) (25c-5Sc) 7 days, 2nd week. Gross: $11,000. (Average. $11,500) "You Can't Take It With You" (Col.) WARXERS' EARLE— (2,218) (25c-66c) 7 days. Stage: Lucv Monroe. Gaston Palm- er, 16 Roxyettes. Gross: $21,300. (Average, $16,000) "Room Service" (RKO) RKO-KEITH'S— (1.836) (25c-40c) 6 days. 2nd week. Gross: $5,300. (Average. $10,000) "Three Loves Has Nancy" (M-G-M) LOEW'S COLUMBIA— (1.243) (25c-40c) 7 days. Gross: $4,500. (Average, S4.200) "Four Daughters" (W. B.) WARXERS' METROPOLITAX— (1.591) (25c -40c) 7 davs. Gross: $5,650. (Average, $4,000; •'Saddles," Austin High at Oklahoma Oklahoma City, Oct. 12. — "Songs and Saddles," helped by a personal ap-y pearance of Gene Austin and Cc and Candy for three days, turnec't the only strong gross of the weeCj the Liberty. The take was $2^» "Block Heads" and "Speed to B.e(j plaved the first four davs and grc $1,900. ,s "Carefree" took $1,400 in four do of a second week at the Tower. Estimated takings for the week end- ing Oct. 6-7: "The Amazing Dr. Clitterhouse" (F. N.) CRITERIOX— (1,500) (25c-35c-40c) 7 days. Gross: S4.000. (Average, $5,200) "Block Heads" (M-G-M) "Speed to Burn" (2»th-Fox) LIBERTY— (1.200) (20c-25) 4 days. Gross: $1,900. (Average. SI ,800) "Songs and Saddles" (Roadshow Att) LIBERTY— (1,200) (25c-35c-40c) 3 days. Stage: Gene Austin and Coco and Candy. Gross: $2,500. (Average, $2,500) "Room Service" (RKO) MIDWEST— (1.500) (25c-35c-40c) 7 davs. Gross: $2,800. (Average. $4,500) "The Lady Objects" (Col.) "Juvenile Court" (Col.) STATE— (1,500) (25c-35c-40c) Gross: $2,200. (Average, $2,500) "Carefree" (RKO) TOWER— (1.000) (25c-35c) 4 days. 2nd week, moved from Midwest. Gross: $1,400. (Average. $2,500) "Affairs cf Annabel" (RKO) TOWER— (1,000) (25c-35c) 3 davs. Gross: $300. days. Petroff Joins Mae West Hollywood, Oct. 12. — Boris Petroff. formerly an independent producer whose last release arrangement was two years ago through Grand Na- tional, has joined the production staff of Mae West Empire Pictures Co. The release for the Mae West product has not been set. MOTION PICTURE DAILY New York Preview "Young Dr. Kildare" (M-G-M) Lew Ayres is more than a little responsible for the entertainment value of "Young Dr. Kildare," which concerns a young interne who does a bit of detective work on the side. The result is a measure of ex- citement, a well-paced film and a reflective glow on one side of the medical procession, embodied in the person of Lionel Barrymore, as a diagnostic genius confined to a wheel chair. Excitement and mystery engage the attention of the young interne, who decides to forego the small town practice he could have by assist- ing his father, for the chance to find his niche in the profession via a great New York hospital. He comes to the attention of the irritable, domineering Barrymore, who carefully conceals his interest under a tor- rent of abuse. Ayres, on an ambulance case, revives a young girl who had attempted suicide, and despite the efforts of the hospital chiefs to treat the girl as insane, he insists she is sane. His conviction leads him into amateur detection, and trouble with his superiors which almost causes his dis- missal, but through the assistance of Barrymore, he saves the girl from an asylum and finds his goal, a post as aide to Barrymore. Samuel S. Hinds, Emma Dunn, Jo Ann Sayers, Nat Pendleton and Lynne Carver are chiefly concerned in the support. Harold S. Bucquet directed from a screenplay by Harry Ruskin and Willis Goldbeck and an original story by Frederick Faust. Running time, 81 minutes. "G." Charles S. Aaronson Short Subject Reviews Thursday, October 13, 1938 "Boys Town" Leads Frisco Gross Pickup Jan Francisco, Oct. 12. — Grosses 'rvfla new high for the season with a rflTal of $91,250, oyer normal by $8,450. "Boys Town" led the first run parade with $23,000 at the Fox. This beat I par by $6,000. "Room Service" at the Golden Gate, with $17,500, was in the black bv $1,500. Estimated takings in the week end- ing Oct. 3-7: "Youth Takes a Fling" (Univ.) "City Streets" (Col.) ORPHEUM— (2,440) (15c-35c-40c-S5c), 9 days. Gross: $7,800. (Average, $8,500) "Room Service" (RKO) GOLDEN GATE — (2.850) (35c-40c-55c) 7 days. Stage: vaudeville. Gross: $17,500. (Average, $16,000) "Drums" (U. A.) UNITED AJRTISTS— (1,200) (15c-35c-40c- 55c-65c) 7 days, 2nd week. Gross: $9,500. (Average, $7,000) "Straight, Place & Show" (ZOth-Fox) PARAMOUNT — (2,740) (15c-35c-40c-55c- 75c) 7 days. Gross: $15,000. (Average, $13,- 000) "Boys Town" (M-G-M) "Vacation From Love" (M-G-M) FOX— (5,000) (15c-35c-40c-55c-75c) 7 days. Gross: $23,000. (Average. $17,000) "Four Daughters" (W. B.) "The Higgins Family" (Republic) ST. FRANCIS — (1,400) (15c-35c-40c-55c- 75c) 7 days, 3rd week. Gross: $5,600. (Average, $7,000) "Tco Hot To Handle" (M-G-M) WARFIELD— (2,680) (15c-35c-40c-55c-75c) 7 days, 2nd week. Gross: $12,000. (Aver- age, $13,000) "Life & Loves of Beethoven" (World) CLAY— (400) (15c-35c-40c) 7 days. Gross: $850. (Average, $1,300) "Take It" Smashl 1< s Buffalo Grosser S^jffalo, Oct. 12. — "You Can't i It With You" is carrying the est box-office punch here. Play- Hohe Lafayette at roadshow rates T. S cents-35 cents-50 cents, it turned N. 17,000, where average is $6,300. cer'Boys Town" and Rudv Vallee's C onnecticut Yankees earned $19,300 f for the Buffalo in eight days. "Valley of the Giants" and "Crime Ring" at the Century did $7,300. The weather was fine. Estimated takings for the week end- ing Oct. 8 : "Boys Town" (M-G-M) BUFFALO— (3,000) (30c-55c) 8 days. (On stage, Rudy Vallee and orchestra). Gross: $19,300. (Average. $12,000) "Room Service" (RKO) GREAT LAKES— (3,000) (30c-50c) 7 days Gross: $6,800 (Average. $7,500) "Too Hot to Handle" (M-G-M) HIPPODROME— (2,500) (25c -40c) 7 days. (Second week.) Gross: $5,80OT (Average. $6,800) "Valley of the Giants" (W.B.) "Crime Ring" (RKO) CENTURY— (3,000) (25c) 7 days. Gross: $7,300. (Average, $6,000) "You Can't Take It With You" (Col.) LAFAYETTE— (3,300) (25c-35c-50c) 7 days. (Held over.) Gross: $17,000. (Average. $6,300) Republic in Seattle Deal The Sterling Theatres circuit has closed a deal for Republic's output for its 16 theatres in Seattle, including the first run Palomar. John Danz and William Foreman acted for the circuit in the deal, with Tames R. Grainger, Grover C. Parsons, Republic western district manager, and Edward Walton, Seattle branch manager. "The Great Big Cat and The Little Mousie" {Universal) An overfed cat chases a spry and hungry mouse in this Walter Lantz cartoon. The mouse makes several successful forays into the cat's milk saucer, is caught, then talks himself out. Should delight the children. Running time, 7 mins. "G." "Stranger Than Fiction, No. 55" ( Universal) Eight amusing oddities make up this reel. A trick bird learns to fetch a bucket containing a sunflower seed, a factory does a worldwide business manufacturing mud, and "Yankee Doodle" is played on a new type musi- cal instrument, a toy balloon. Run- ning time, 9 mins. "G." "Mere Kendricks and His Orchestra" (Warners) For those who like a modern band, which is rather undistinguishable among such groups, plus a dance by Marion Wilkins and Jack Walters, and a vocal rendition by Miriam Grahame, this subject probably will be entertaining. Running time, 10 mins. "G." "Aladdin's Lantern" (M-G-M) One of the Our Gang comedies, this is amusing and will be especially enter- taining for the youngsters. Spanky and his pals dramatize the story of Aladdin and his Lamp, which affords an opportunity for the display of tal- ent on the part of several clever youngsters. Running time, 10 mins. "G." "Nostradamus" (M-G-M) One of the "Historical Mysteries" group, this subject recounts in inter- esting and well produced dramatic fashion the story of Michael de Nos- tradamus, doctor of the 16th Century, who foretold the Black Plague, saw his loved ones die, and devoted the rest of his life to a volume of verses in which he prophesied events of the following 300 years, carrying to our own day. An unusually fine subject. Running time, 11 mins. "G." "City of Little Men" (M-G-M) The story of Boys Town, Neb., is told in a short subject, with Father Flanagan, founder of that distinguished community, himself appearing to tell of the value of the work done, and the subject picturing the splendid woriv carried on at the self-sustaining community. Interesting and intelli- gent material, well presented. Run- ning time, 11 mins. "G." "Think It Over" (M-G-M) The dramatically effective series, "Crime Does Not Pay," herein turns to arson, and makes a strong dramatic story of the manner in which the fire- bugs work, preying on small business men who are in financial difficulty. The detection of the arsonists, played against a background of racing engines and roaring fires, makes for exciting screen material, in addition to its les- son value. Running time, 20 mins. "Streamlined Swing" (M-G-M) A group of colored boys demonstrate unusual skill in a vocal effort without instruments other than a guitar. II "Can't Take" Hits $21,000 At Cleveland Cleveland, Oct. 12. — "You Can't Take It With You" was the hit of the week, going $9,000 over average to a $21,000 gross at Warners' Hippo- drome. It was held a second week. "Too Hot to Handle" at Loew's Stillman on a moveover from Loew's State, topped average by 30 per cent. The gross was $6,500, up by $4,000. Estimated takings for the week end- ing Oct. 7 : "Breaking the Ice" (RKO) (3 days) "Smashing the Rackets" (RKO) (4 days) ALLEN— (3,000) (30c-35c-42c) 7 days. Gross: $4,800. (Average, $4,000) "You Can't Take It With You" (Col.) WARNER'S HIPPODROME — (3,800) (30c-35c-42c) 7 days. Gross: $21,000. (Aver- age. $12,000) "Hold That Co-ed" (20th-Fox) RKOK PALACE— (3,100) (30c-42c-55c) 7 days. Stage: Stroud Twins, Ice Carnival and vaudeville. Gross: $15,000. (Average, $15,000) "Sing You Sinners" (Para.) LOEW'S STATE— (3,500) (30c-35c-42c) 7 days. Gross: S9,000. (Average, $15,000) "Too Hot To Handle" (M-G-M) LOEW'S STILLMAN— (1,900) (30c-35c- 42c) 7 days, 2nd week. Gross: $6,500. (Average, $5,000) 'Carefree" Leads Way in Montreal Montreal, Oct. 12. ■ — "Carefree," topping a dual at the Capitol, grossed $10,500 to lead the way. "Rich Man, Poor Girl" took $10,500 at Loew's but with the assistance of eight acts of vaudeville under the new policy, aver- age here being $8,000. Chief opposition was the stage show "Shadow and Substance," starring Sir Cedric Hardwicke, at His Majesty's Theatre. The weather was cool with some rain. Estimated takings for the week end- ing Oct, 8 : "Carefree" (RKO) "This Marriage Business" (RKO) CAPITOL— (2,547) (25c-40c-55c-65c) 7 days. Gross: $10,500. (Average. S9.500) "Rich Man, Poor Girl" (M-G-M) LOEW'S — (2,800) (25c-40c-50c) 7 days. Stage: Eight vaudeville acts Gross: $10,500. (Average, $8,000) "The Gladiator" (Col.) "Man's Castle" (20th-Fox) ORPHEUM— (919) (25c-35c-50c) 7 days. Gross: $5,000. (Average, $5,000; "Marie Antoinette" (M-G-M) PALACE— (2,600) (25c-40c-55c-65c) 7 days. Gross : $8,500. Second week. (Average, $11,000) "Mother Carey's Chickens" (RKO) "I'm from the City" (RKO) PRINCESS— ( 2,272) (25c-35c-50c-65c) 7 days. Gross: $7,000. (Average, $7,000) Against a background of a Pullman train crew who are "given" a car, which they convert into a restaurant, they exhibit their cleverness. Enter- taining. Running time, 9 mins. "G." "Cairo, City of Contrasf (M-G-M) An interesting and colorful travel subject in beautiful color, picturing the highlights of the activity of Cairo, and emphasizing the strange contrast of the East and the West which char- acterizes the city. A FitzPatrick travel subject of a high order. Running time, 9 mins. "G." RADIO MOTION PICTURE DAILY Thursday, October 13, 1938 CBS Will Sell Broadcast by Philharmonic The broadcast of the New York Philharmonic Orchestra on CBS, for years a taboo program to sponsors, now is being offered for commercial sale by the network, it was learned yesterday. Asking price for the series is about $30,000 per broadcast. The Philharmonic broadcasts 30 concerts a season. For years they have been kept from the CBS commercial schedule, the net- work believing no price could compen- sate for the prestige of keeping it on sustaining as a cultural feature. The Philharmonic has been a CBS feature for about 10 years, with CBS paying the orchestra $1,000 a week for the broadcasts. The reason advanced for the change is the financial condition of the orches- tra. Sponsors of the Philharmonic are of the opinion now that no pres- tige would be lost if, for instance, a group of banks similar to the financial houses which cooperatively sponsored the programs of the Philadelphia Orchestra the past few seasons could be recruited for the Philharmonic. News Men Gainers Foreign correspondents of A. P., IT. P. and I. N. S„ were paid handsomely by the networks for their broad- casting services during the recent near-embroglio. While the networks have maintained strict silence as to the rate they paid, it has been estab- lished that the prices ranged from $50 to $350 per broad- cast. On an average, the pay was $150. Drop One-Man Auditions Pittsburgh, Oct. 12. — Sherman D. Gregory, KDKA's new manager, has eliminated one-man auditions at the station in favor of a board of six members. They will hear all new talent at the studio once a week and a majority vote will decide. The board consists of Derby Sproul, pro- gram director ; Maurice Spitalny, music director; W. B. McGill, head of sales and promotion ; Bill Jackson, director of sales, Clarence Petit, head of public relations, and Joe Baudino, chief engineer. CBC Expects Surplus Of $200,000 in Year Montreal, Oct. 12. — Despite com- petition from the American chains, the American Broadcasting Corp. com- pleted its first fiscal year of operation with a surplus of $175,000, and antic- ipates a surplus of $200,000 for this year, the Electrical Club of Montreal was told today by Dr. Augustin Fri- gon, assistant manager of the Cana- dian network. Projects now underway for the CBC, Dr. Frigon reported, were the moving of CBM, Montreal, to a more advantageous location and the opening of adequate studios in Montreal. World 'Gold' System Goes to 36 Stations With the addition of five new sta- tions, the World Transcription Sys- tem's new "gold" group of tested sta- tions, launched last week, now num- bers 36 stations. The ultimate goal is 75 stations. The new stations are : WTIC, Hart- ford ; WSFA, Montgomery , Ala. ; KOY, Phoenix, and the Arizona net- work consisting of KOY, KGAR and KSUN, which will be offered as a group to an advertiser desiring state- wide coverage. Start Radio Union Talks San Francisco, Oct. 12. — The American Federation of Radio Artists and International Brotherhood of Electrical Workers have entered into joint negotiations with local indepen- dent stations, seeking contracts cover- ing hours and wages paid performers, announcers and technicians. Already signed are two independents, KJBS here and KQW, San Jose. NBC Transfers Three San Francisco, Oct. 12. — Three more NBC employes have been trans- ferred to Hollywood. Latest to go are Paul Gale, traffic manager of KPO- KGO ; Henry Maas, sales traffic man- ager, and Cliff Anderson of the pro- gram department. Powell on "Hotel" Oct. 21 William Powell, whose recent illness prevented him from taking on duties as "em cee" on the "Hollywood Hotel" program when that series returned to the air some weeks ago, will assume the job Oct. 12. During his illness, Herbert Marshall substituted. Nixon Book Sales High "Vagabond Voyaging," Larry Nixon's book on freighter travel, is now in its third printing. Nixon is publicity director for WNEW. Series to General Mills Los Angeles, Oct. 12. — General Mills, Inc., has purchased sponsorship of "Grouch Club" on the CBS outlets in Fresno, KARM ; Los Angeles, KNX, and San Francisco, KSFO. Sponsorship starts Oct. 17. Blackett- Semple-Hummert handled the place- ment. The agency has purchased sponsor- ship of "Curtain Time" over WGN, Chicago, and over the Don Lee net- work in California. Remaining sta- tions of the network now carrying the program as sustaining will continue to broadcast the show on the same basis. Sponsorship begins this Friday. Around the Country San Francisco Darrell Donnell, ex-radio editor of the Examiner, now is newscasting at KFRC. . . . Don Robbins, former Mc- Clatchy station manager here, now is KYA account executive. . . . "Good Morning Tonite," KPO musical show sponsored for two years by Albers Bros, milling firm, has added a weekly skit to its routine. . . . California Fed- eration of Women's Clubs, represent- ing 50,000 women, has started a week- ly series over KSFO, local CBS sta- tion. . . . Grant Pollock, announcer, and Bobby Rockwell, juvenile actor, won auditions for feature acting roles with the 11th annual Standard School Broadcast series, over KGO and 11 other west coast stations weekly, spon- sored by Standard Oil Co. Gary Kreidt has been named promo- tion manager of KFRC by Station Manager Wilbur Eickelberg. . . . One of the Pacific Coast's oldest programs, "Waltz Time," has been returned to KGO and the Coast Blue web after an absence of six months. . . . Announcer Jimmie Matthews won an audition for the new Sperry Flour Co. commercial, "Dangerous Road," skit heard five times a week on KPO. . . . Zella Layne, former KFRC actress-singer, was picked to play role of Lynn Miller in KPO's "Dr. Kate" skit, succeeding Vicki Vola, who went to New York. Cincinnati William Schudt, general manager of WKRC, is in New York for a conference with CBS officials. . . . Bill Williamson, WKRC sales man- ager, has returned from a trip to Chi- cago and Cleveland. . . . Herbert Flaig, WLW-WSAI special events director, and his wife are honey- mooning in Miami. . . . Helen Dillar, Canadian cowgirl, who came here to participate in "Boone County Jam- boree" over WLW, has become a regular member of the station staff. M anuf ac tur er s Ask New Tests On Television A series of cooperative conferences between manufacturers of telev/ s?n receiving sets, parts manufacturer^' ?,d network officials has been callea by the American Television Corp., with a view toward assuring continuation of experimental television broadcasts. American Television Corp. is the first manufacturer of television receiving sets to place them on the market here. A definite date for the conferences will be announced shortly. It is hoped that as a result of the plans adopted at the conferences, deal- ers will be able to demonstrate tele- vision receivers at definite hours, so that the public may view actual tele- vision in the stores. At the moment there are no televi- sion broadcasts going out, NBC-RCA having abandoned their experiments pending installation of improved equip- ment. CBS, now installing its tele- vision transmitter in the Chrysler Building Tower, is not expected to begin telecasting until early spring. ABT Will Represent Technicians at CBS Washington, Oct. 12. — The Na- tional Labor Relations Board today certified the Associated Broadcast Technicians as the exclusive collective bargaining agencv for radio broad- casting technicians and engineers of CBS at all its stations with the ex- ception of KMOX, St. Louis. The action was based on results of a recent secret ballot election which gave the ABT 128 votes as against °° votes for the American Commr'llc^" tions Association, an affiliate < C. I. O. Radio Column Is Dropped Pittsburgh, Oct. 12.— The Hearst Sun-Telegraph has dropped its daily radio column, written by Zora Unko- vich under the pen name of Jane Hamilton. It's understood that action would have been taken some time ago had it not been for the fact that the Hearst interests own WCAE here. The paper is now printing only the regular station log. Gets Newspaper Post Dorothea Lawrence, network singer, has been appointed associate music edi- tor of the Plainfield, N. J., Courier- News. Seal in KPO-KGO Post San Francisco, Oct. 12.— Robert Seal, formerly with a station in Columbus, has been named pro- duction manager of KPO-KGO, local NBC outlets, to succeed Cameron Prud'homme. The latter will have charge of all dramatic production at the stations. Mutual Signs Ingram C. J. Ingram, radio editor of the Jersey City Journal, has been signed by Mutual to do a new quarter-hour series. His series will be heard Tues- days from 7:15 to 7:30 P. M. He will do commentaries and thumbnails on Mutual artists. Morrison Joins WCAE Pittsburgh, Oct. 12.— Herb Mor- rison, who received national attention when he did a word description of the actual Hindenberg disaster over WOR, is the latest addition to the WCAE announcing staff. Lux Program Will Be Broadcast in Fraftce J. Walter Thompson, acting for L'e." ver Bros., has placed a contract witt ' Radio Luxembourg, France, for broad- casts of the Lux "Radio Theatres" programs in transcribed form. Another contract for foreign radio is by Colgate-Palmolive-Peet, for re- corded broadcasts over Radio Nor- mandie, another powerful French sta- tion, of its programs carried over American networks. Benton & Bowles placed this business. KOCY Has New Tower Oklahoma City, Oct. 12. — A new radio tower for KOCY, designed to double the station's power, has been placed in operation here. The tower, of a new type tubular construction, extends 173 feet above the roof of the studio building. KOCY was estab- lished only a few months ago and is a conversion of the old station, KFXR. Deny Sale of KOMO Oklahoma City, Oct. 12. — Reports that KOMO here, operated by Hearst Radio, Inc., has been sold to William C. Gillespie of Tulsa, have been denied by Neal Barrett, vice-president of Hearst Radio, and KOMO manager. Alert. Intelligent MOTION PICTtmi DAILY V^. 44. NO. 74 NEW YORK, FRIDAY, OCTOBER 14, 1938 TEN CENTS U.S. Paris Men Meet in Rome For Film Ban Discussions Scheduled to Start Next Week First of the meetings between Continental European managers of American distribution companies and Italian Government officials on the de- cree creating a film distributing mon- opoly for the recent organized E. N. I. C. may be held in Rome next week, according to information received in New York yesterday. The conferences are designed to pro- vide for an exchange of views on the effects of enforcement of the decree and possible modifications. They were to have been held about two weeks ago, but were deferred because of the general European crisis. It is expected that attaches of the Ameri- can Embassy at Rome will attend the meetings with the Continental Euro- (Continued on page 2) Four Coast Locals Seek Certification Hollywood, Oct. 13. — Four I. A. T. S. E. studio locals will soon file N. L. R. B. petitions asking to be certified as collective bargaining agen- cies for crafts already covered in the basic agreement negotiated with pro- ducers in 1935, according to Harold V. Smith, International official. The locals are Sound Technicians, 695 ; Cameramen's, 659 ; Laboratory Workers, 683, and Technicians, 37. About 12,000 workers are affected. Local 695 sought to file its petition (Continued on page 5) Mayer Reveals 'Plot' To Crush LA.T.S.E. Sacramento, Oct. 13. — Louis B. Mayer testified today before a Sacra- mento grand jury that William H. Neblett, Los Angeles attorney, had attempted to interest him in a "plot to crush the LA.T.S.E. through last November's state assembly interim investigation committee." Mayer declared that on advice of Nicholas M. Schenck he refused to countenance Neblett's proposal. The testimony was given at the reopening of the grand jury's "lobbying" investi- gation. Radio News— P. 11 ESTIMATE LOEW 38 PROFIT $10,250,000 Notification on Schaefer RKO Post Expected Today That George J. Schaefer has been selected to head RKO, upon the com- pany's reorganization and emergence from 77b, may be announced today. Leo Spitz, it is understood, has yielded to the insistence of creditors and will continue his association with the com- pany, as special counsel. He has been desirous of retiring for two years, but the creditors and the bankers have persuaded him to remain. It had been his hope that upon reorganization he could entirely disassociate himself from RKO. However, that isn't hap- pening. One of the latest and curious angles in the situation is that M. H. Ayles- worth is being mentioned as chair- man of the new board. He is RKO's former president and now with Scripps-Howard newspaper chain. Perhaps Federal Judge William O. Bondy will confirm the pending re- organization plan soon, possibly next week. Rockefeller Center, Inc., will have two representatives on the new com- pany board, one of whom may be W. G. Van Schmus, but it is not certain (Continued on page 2) Directors' Guild Ends Argument on Labor Board Plea Hollywood, Oct. 13.— Closing argu- ments in the six-week hearing on the Screen Directors' Guild petition to be declared the collective bargaining agency for directors, assistants and unit managers were presented today by William R. Walsh, attorney for the N.L.R.B. Barry Brannen spoke as attorney for the guild, and Alfred Wright represented 20th Century-Fox and acted as spokesman for the counsel of 10 other companies. Both argued that directors, despite their high sal- aries, come under the Wagner Act, that production is interstate commerce, and that assistants and unit managers should be grouped in the same bar- gaining agency with directors. Mr. Wright declared that Congress (Continued on page 5) Warners Will Not Join Trade Talks Chicago, Oct. 13.— War- ners will not join in the trade practice conferences of ex- hibitors and distributors which get under way in New York next Wednesday, Harry M. Warner, president, said today on his arrival here from the coast. He declined to amplify this statement in any way. After a few hours here Mr. Warner left on the Century for New York. It is known that the re- fusal of Warners to partici- pate will not affect the deci- sions of the other seven major companies to proceed. Allied Heads Hope to Gain Wide Reforms Allied now looks towards concilia- tion as the more feasible and construc- tive means of achieving co-ordination in the business, rather than legislation. National directors of the organization who will gather here Monday to de- termine policy on a trade practice pro- gram and to create a committee for negotiation with distributors are hopeful that the forthcoming discus- sions will bear practical fruit. This is in line with the sentiment which was expressed early this week by Abram F. Myers, Allied chieftain, at the Grand Rapids convention of the Michigan Allied. Distributors have no intention of limiting discussions on any phase of the situation, and Allied is satisfied. Allied seeks relief from the com- petitive clearance with producer-dis- tributor owned theatres. Myers last December listed nine (Continued on page 5) Under 70% of 1937 Total Of $14426,062; Runs About $6 Per Share Wall Street indications, subject to adjustment, are that the Loew com- pany earnings for the year ended Aug. 31 will reach approximately $10,250,- 000, after taxes. This figures for slightly under $6 per share on the 1,599,000 common shares outstanding. Fourth quarter earnings are esti- mated at approximately $1,900,000, but the final count can't be had for several weeks, as it is understood auditors are still on the books. These earnings represent an amount which is under 70 per cent of the company's 1937 earnings of $14,- 426,062. The company yesterday declared a regular quarterly dividend of %\.62l/2 on the $6.50 cumulative preferred stock, payable Nov. 15 to stockholders of record Oct. 28. The firm has outstanding 136,000 shares of $6.50 cumulative preferred. Chicago Settlement Talks Are Dropped Discussions looking to an out-of- court settlement of the anti-trust suit brought against B. & K. and major distributors by Chicago independent exhibitors have been discontinued. This development, however, does not prevent either side from advancing new settlement proposals in the future. Negotiations between exhibitor rep- resentatives and B. & K. which pre- ceded filing of the action revolved around the independent theatre owners' advocacy of a ban on double featuring by the Paramount's Chicago circuit, or, failing an agreement on that, a modification of the circuit's clear- ance schedules in favor of the subse- quent runs. Fleischer and Union Reach an Agreement A new one-year contract between the Max Fleischer studio and the United American Artists union was signed yesterday after more than two months of negotiations. The contract establishes a complete open shop for the new Fleischer studio at Miami and continues the wage and hour schedule. Fleischer employes, all of whom are (Continued on page 2) MOTION PICTURE DAILY Insiders' Outlook 2 U.S. Paris Men Meet in Rome For Film Ban (.Continued from page 1) pean managers and Harold Smith M. P. P. D. A. representative with headquarters in Paris. Film shipments into Italy, sales services and all dubbing activities have been discontinued by the American distributors pending the outcome of the conferences. As much as 100,000,000 lire (ap- proximately $7,000,000) belonging to American film companies, is frozen in Italian banks, without any indica- tion of what the Italian Government intends to do about it. Sought to Stop Leakage Back of the problem which has de- veloped following the recent drastic E. N. I. C. decree was a desire on the part of Felice Guarneri, Minister of Foreign Trade and Exchange, to stop the leakage of money from the coun- try. He ruled foreign films should fall into the category of imported mer- chandise, with the same restrictions. The Italian-American difficulties of recent origin date back to the Venice Exposition, when the Mussolini Cup was awarded to "Olympia" instead of "Marie Antoinette." The French dele- gate was said to have been chiefly re- sponsible for the decision against the American film. Followed Italian irri- tation over "Marco Polo," "Blockade" and "Farewell to Arms." The E. N. I. C. decree followed shortly after the failure of the Italian Government to assign quotas for the new year on Sept. 1. Foreign firms are obliged to accept the prices offered by E. N. I. C. It is believed also that Guarneri favors the barter plan. A following decree permitted E. N. I. C. to pass off some of its business to individual firms, but it is believed that those firms will be Italian distributors of American films. Nationalization Is Aim Nationalization of the Italian film industry is seen in many quarters as the ultimate aim of the restrictive measures, leading to an eventually self- sufficient film industry in Italy. The increasingly serious foreign sit- uation was further aggravated for ex- port managers from an American source with the passage recently of a Puerto Rican measure increasing the territorial tax of one cent per linear foot on films to two cents. The meas- ure will become effective in Decem- ber. Home office foreign departments are concerned over the tax and attor- neys for the departments have been delegated to investigate its constitu- tionality and possible other legal moves in the Federal courts. Robert V. Latham Dead ' Miami, Oct. 13.— Robert V. La- tham, stage director, inventor and for- mer theatre manager, is dead here fol- lowing a short illness. Latham in- vented the "roll-away" stage project- ing over the footlights. Mary Rorke Passes London, Oct. 13. — Mary Rorke, British stage and screen actress, died here yesterday. GROSSING $18,000,000 in eight pictures, Fred As- taire and Ginger Rogers probably established themselves as the leading box-office team in film history. The average world- wide gross on each of the eight pictures which RKO has pro- duced and distributed during the past five years is $2,250,000. The average annual gross since 1933 when the first film starring the team was released is $3,600,000. "Carefree," released Sept. 2, may go to $2,000,000, by present indications. "Top Hat," 1935 release, was the team's biggest grosser, with $3,000,000. Others were "Flying Down to Rio," 1933, $1,500,000; "Gay Divorcee," 1934, $1,800,- 000; "Roberta," 1935, $2,300,000; "Swing Time," 1936, $2,630,000; "Follow the Fleet," 1936, $2,600,- 000; "Shall We Dance," 1937, $2,200,000. T T The "saviour" of the legitimate theatre, the current Moss Hart- C LINTON M. WHITE, G.B. as- sistant general manager, has re- turned from a three-week tour of mid- western and southern exchanges. Arthur Greenblatt, eastern division manager, is also in town after a one- week visit to New England exchanges. . Norman Leff, son of Abraham Leff of Five Boro Theatres, will be confirmed tomorrow. A reception in the boy's honor will be held Sunday at the Hotel Astor. . William F. Rodgers, M-G-M dis- tribution head, will attend the Edward Golden testimonial dinner in Minne- apolis tonight and return here Sun- day. . Aedo Ermini, who was in charge of the Technicolor work on "Drums," is in town from London. He will leave shortly for the coast. ■> Albert N. Chateroux has just ar- rived from Europe with a group of French productions. . Al Lichtman will return to the coast today after conferences here. Ralph Rolan's return from the coast is indefinite. . Elena Seely, Argentine film ac- tress, is in town. [ Moray Is Given Plaque Philadelphia, Oct. 13. — Norman H. Moray, Vitaphone sales manager, has been presented a special plaque by Mayor S. Davis Wilson as a patriotic gesture for the production of "The Declaration of Independence." John Morton, descendant of one of the signers of the Declaration, was present. George S. Kaufman play, "The Fabulous Invalid " — with a nod toward Orson Welles — para- doxically is played by a new- comer to Broadway, Lewis How- ard. He is a native New Yorker, who studied dramatics for two years at Columbia, where he was also a member of the Morning- side Players. His only other theatrical appearance was a sum- mer theatre engagement with Fay Wray in "The Petrified Forest" at Suffern, N. Y. ▼ T To lure the "snatch and run" diners who have a half hour for refueling during the Al/2 hour- stage performance of "Hamlet," Sardi's has equipped its second floor dining room with a signal system warning of curtain time at the nearby St. James Theatre. Understood Sardi guarantees to get the audience back in time for more of Maurice Evans, and Katherine Locke. ARTHUR DONEGAN of the Warner publicity department left yesterday for Lexington to handle details of the opening of "Brother Rat" at the Virginia Military Insti- tute next Thursday. Charles E. Williams, president of Iowa-Nebraska M.P.T.O., will arrive Sunday to attend the M.P.T.O.A. di- rectors meeting. . Domingo Narvaez, president, and Finy Veracoechea, general manager, of Venezuela Cinematografica, will leave tomorrow for Caracas. . Harry Perry, Paramount camera- man, is in town to make shots around Riverside Drive for "Invitation to Happiness." . Beulah Bondi, who has one of the featured roles in "The Sisters," will arrive from Hollywood today. . George Schutz, editor of Better Theatres, is at home with a sprained ankle. • E. M. Saunders, M-G-M division manager, plans a midwest trip next week. • Tyree Dillard, Loew attorney, has been vacationing in North Carolina. G. B. Transfers Selig Denver, Oct. 13. — Robert Selig, Denver exchange manager as well as district manager for G. B., has been moved to exchange manager at San Francisco, preparatory to his being made district manager of the coast ex- changes. Succeeding Selig here is Joe Aldrich, from Des Moines. Friday, October 14, 1938 Schaefer-RKO Notification May Be Today (Continued from page 1) whether Nelson Rockefeller will ac- cept a seat on the directorate, pitti' sonally. lL-' The Rockefeller people have been doing all possible to help the situation. Creditors have been trying to per- suade Nelson Rockefeller to take a board post, for some time. The new company management pos- sibly will be represented by George J. Schaefer, Ned E. Depinet, distribu- tion chief, and possibly a theatre ex- ecutive. There may also be on the board a representative of M. J. Meehan, prin- cipal holder of Keith-Albee-Orpheum preferred stock. KAO is the prin- cipal theatre subsidiary of RKO. Floyd Odium, head of Atlas, and one of the chief factors in the reorgan- ization of the company, no doubt will represent his firm, as may also Peter Rathvon, who may become chairman of a prospective finance or executive committee. RCA may have Gen. James G. Harbord and L. P. Yandell. Fred Ehrman of Lehman Bros, may be the choice of that firm as its rep- resentative on the directorate. General creditors may select Wil- liam Farthing or Lawrence Green. White, Weld & Co. may have a rep- resentative on the board, and also the independent groups of security holders. Fleischer and Union Reach an Agreement (Continued from page 1) now at the new studio in Florida, will vote Oct. 31 on negotiating represen- tatives. The outcome of the election, however, will have no effect on the open shop agreement reached yester- day, Fleischer representatives stated. "Last Ride" Retitled Hollywood, Oct. 13. — "Escape from Leavenworth" will be the release title of Paramount's "The Last Ride." MOTION PICTURE DAILY (Registered U. S. Patent Office) MARTIN QUIGLEY. Editor-in-Chief and Publisher; SAM SHAIN, Editor; JAMES A. CRON, Advertising Manager. Published daily except Saturday, Sunday and holidays by Quigley Publishing Company, Inc., Martin Quigley, president; Colvin Brown, vice-president and treasurer. Publication office: 1270 Sixth Avenue at Rockefeller Center, New York. Telephone: Circle 7-3100. Cable address: "Quigpubco, New York." All contents copyrighted 1938 by Quigley Publishing Company, Inc. Ad- dress all correspondence to the New York office. Other Quigley publications: Motion Picture Herald, Better Theatres, Teatro al Dia, International Motion Picture Almanac and Fame. BUREAUS : — Hollywood: Postal Union Life Building, Vine and Yucca Sts. ; Boone Mancall, manager; William R. Weaver, editor. Chicago: 624 S. Michigan Ave., C. B. O'Neill, manager, London: 4 Golden Square. W. 1 : cable address. Quigpubco, London ; Hope Williams, manager. Entered as second class matter Sept. 23. 1938, at the post office at New York, N. Y., under the act of March 3, 1879. Subscription rates per year $6 in the Americas and $12 foreign. Single copies 10c. i Purely Personal ► Friday, October 14, 1938 MOTION PICTURE DAILY Allied Heads Hope to Gain Wide Reforms {Continued from page 1) snecific sources of grievance by inde- i(7i\dent exhibitors. These are com- "^usory block booking, unreasonable protection, theatre over expansion, the "right to buy," contract revision, designated playdates, unfair allocations, non-delivery of pictures and radio competition. The forcing of shorts and newsreels with features and the score charge are also on Allied's agenda. Adoption of a program "ac- ceptable to all or a majority of in- dependent exhibitors," will be sought. Allied already having expressed itself in favor of local conciliation ma- chinery, would like to see that new boards will consist of an equal num- ber of members representing the dis- tributors and independent exhibitors. In addition, Myers is looking for establishment of a national appeal board, similarly constituted, to hear appeals from local boards in contract cases and to have original jurisdiction in matters of general importance. Committee to Meet Monday Members of the executive commit- tee of M.P.T.O.A. will arrive in New York over the weekend to attend that organization's preliminary meeting Monday on trade practice negotia- tions. The executive committee's sessions will be held at M.P.T.O.A. headquar- ters, 1600 Broadway. A negotiating committee will be selected from the whole committee to meet with rep- resentatives of the distribution com- panies Wednesday, and a specific pro- gram will be formulated. Among those who will attend the Monday meeting are Ed Kuykendall, M.P.T.O.A. president, and L. C. 'Grif- fith, who will arrive from Oklahoma City Sunday ; H. V. Harvey, San Francisco ; O. C. Lam, Rome, Ga. ; Jack Miller, Chicago ; Sam Pinanski, Boston ; Lewen Pizor, Philadelphia ; Charles E. Williams, Omaha ; M. C. Moore, Jacksonville ; Fred Wehren- berg, St. Louis ; Arthur Lockwood, Middletown, Conn., and Ed Levy, New Haven. Virginia MPTO Unit Selects Negotiators Virginia Beach, Oct. 13. — M. P. T. O. of Virginia has suggested Oct. 27 for the trade practice conferences. It will be represented by a committee consisting of W. F. Crockett of Vir- ginia Beach, president ; Elmore Heins, Roanoke ; J. Ellison Loth, Waynes- boro; Benjamin T. Pitts, Fredericks- burg, and William S. Wilder, Norfolk. Allied Board to Be Asked to N.J. Meet Seven of the eight regional exhibi- tor organizations not affiliated with the M. P. T. O. A. or Allied States which were invited to be represented at the trade practice conferences have accepted. Allied Theatres of Oregon, the eighth, has not replied yet. Pat Nataro Transferred Pittsburgh, Oct. 13— Pat Nataro, manager of the Regent here, has been transferred by Warners to the Colum- bia in Sharon, Pa. Allied States directors who will meet with Abram F. Myers, general counsel, in New York on Monday to act on the distributors' trade practice plan will be invited to attend the east- ern regional conference of independent exhibitors in Atlantic City, which will open Wednesday for three days. The conference is sponsored by Al- lied of New Jersey in conjunction with its 19th annual convention. The unit reports 20 equipment and accessory firms have taken display space, an in- crease over last year. Among them are RCA, Motiograph, Brenkert, In- ternational Seat, Joe Hornstein, Ideal Seat Co., Metro Premium, Heywood Wakefield, National Theatre Supply, National Screen, Dictograph and Ross Federal. Republic is the only film company which will have a booth. Local 306 Wage Suit Dismissed by Court Suit of Joseph D. Basson, as presi- dent of Local 306, and six members of the union to recover $5,240 back wages, was dismissed yesterday as against Joseph Quittner, one of the defendants, by N. Y. Supreme Court Justice Charles B. McLaughlin. The decision ruled that "mere taking over of the operation and management of a theatre does not amount to as- sumption" of the obligations of pre- decessors and decided that Quittner, one of the owners of the Eltinge, should not be held responsible for a contract made with the union before he took over the theatre. Other defend- ants in the suit are Edjomac Amuse- ment Corp., Max Rudnick and Edward Madden. Para. Group to Studio Paramount home office officials will leave New York Monday for two or three weeks of production conferences at the studio. In the party leaving from here will be Barney Balaban, president ; Stanton Griffis, chairman of the executive committee ; Neil F. Ag- new, vice-president and distribution head, and Russell Holman eastern story and talent head. Robert Gill- ham, advertising and publicity direc- tor, also plans to leave for the studio later in the week> • Gillham is ex- pected back in New York today from Atlanta. Musicians Returning Members of the executive board of the American Fed- eration of Musicians will re- turn to New York Oct. 19 from Texas, where they have been attending an A. F. of L. convention, to meet on the day following with the repre- sentatives of Paramount, 20th Century-Fox, Warners, M-G-M and RKO, the theatre- controlling producing com- panies, in an attempt to reach an agreement whereby musicians will be returned to work in the theatres con- trolled by those companies. Para. Asking Time For Dakota Appeal Paramount has requested a one- month extension of the time for filing- its appeal on the North Dakota affili- ated theatre "divorce" law with the U. S. Supreme Court. The final date for the filing of the appeal is Oct. 24 but if the request for an extension is granted the com- pany will have until Nov. 23 to per- fect its appeal from a Federal statu- tory court decision holding the di- vorcement law to be constitutional. The company's appeal in the so- called Dallas case is expected to be heard by the Supreme Court during December. The case involves a deci- sion prohibiting the regulation of ad- mission prices and double featuring of specifically designated pictures through contract regulations. The rlower court held such contract regu- lations to be illegal but the Supreme Court agreed last Monday to review the case. Start Lab Talks Today Negotiations are to start today set- tling the Du Art Film Laboratories strike by Local 702, laboratory tech- nicians' union. A 10-day truce calls for signatures to a settlement by Oct. 17. Arthur Gottlieb, head of Du Art, returned yesterday from Toronto. Indiana Reopens Soon Indianapolis,. Oct. 13. — The In- diana, 3,000-seat house closed for the summer, will reopen Oct. 21. Art J. Baker, manager of the Circle, will be in charge until the recovery of Ken- neth T. Collins, who recently under- went an appendicitis operation. The Newsreel Parade A spectacular oil fire in New Jer- sey is the highlight of the midweek issues of the various newsreels. A mechanical cotton picker and football games are other items. The reels and their contents follozv: MOVIETONE NEWS— New Jersey oil blaze. Mint issues new five-cent pieces. Salmon clog Washington streams. Rodeo thrills New Yorkers. New mechanical cotton picker is demonstrated. Fashion show. Lew Lehr is guest of monkeys. In- ternational schooner race. Revive Dutch water sports in California. Football games. NEWS OF THE DAY— Oil refinery fire in New Jersey. Uprising _ in Palestine. Sheep descend from mountains. John L. Lewis offers to resign if William L. Green will. Schooners race for International Trophy. Football highlights. PARAMOUNT NEWS— New Jersey oil blasts. John L. Lewis seeks labor peace. A. F. of L. convenes in Texas. New U. S. -owned passenger liner starts first trip. Collegiate fashion display. Hunting season opens. Martha Raye on honey- moon with David Rose. Professional foot- ball games. RKO PATHE NEWS— Blaze destroys New Jersey oil refinery. Roosevelt de- signs new Hyde Park home. John L. Lewis offers solution of labor ills. Vogue fashions feature "gay ninety" styles. U. S. cavalry maneuvers. Mechanical cotton picker is demonstrated. Philadelphia street cleaners strike. UNIVERSAL NEWSREEL— Oil fire in New Jersey. Radium found in garbage. London's annual costume service. Douglas Corrigan at Roosevelt Field. Premier Da- ladier visits unknown soldier's tomb. Me- chanical cotton picker displayed at Mississippi festival. Beaver trappers pre- pare for coming season. Rodeo in New York. Salmon jam in west coast rivers. Schooner race off Massachusetts coast. Directors' Guild Ends Argument on Labor Board Plea (.Continued from page 1) never intended that the Wagner Act should apply to high salaried persons such as directors, that directors were independent contractors and in no wise in the classification of employes under the act, that they had the power to hire and fire cast members in many instances, and that producers have often indicated willingness to negotiate separately with directors and with as- sistant directors and unit managers, but not with the three groups as a single unit. Greenwich Dispute Goes Up to Arnold Thurman Arnold, assistant U. S. Attorney General, is studying a re- port from an agent who this week in- vestigated the complaint of Prefect Theatres charging excessive protec- tion held by Skouras in Port Chester over the Pickwick in Greenwich. Ralph Butterworth, representing the Department of Justice, questioned Wil- liam Brown and Clarence D. Loewe, officials of the complaining circuit, which is affiliated with the Brownlow Theatre Corp. Charles Skouras and distribution of- ficials may be examined by an agent next week, it was indicated. Mr. Loewe said that if- the Government fails to act in 10 days, his company plans to file an .anti-trust suit in Fed- eral court. Football Stealing Newsreel Spotlight Football games are rapidly gaining ascendancy as the chief item of inter- est in newsreels during the fall sea- son, a survey of newsreel offices re- vealed yesterday. Coverage of sec- tional games for local distribution as specials has increased materially over past years and is expected to develop further as interest grows in later con- tests. Paramount Newsreel is rushing specials into local theatres on the same day of the game. Laboratory costs are considerable, it was reported, but exhibitor demand warrants the addi- tional expenditure. Other reels in- clude the specials in the regular re- leases, except in unusual cases. Four Coast Locals Seek Certification (Continued from page 1) today, but Dr. Towne Nylander, re- gional N. L. R. B. director, refused acceptance due to technical errors. The move is believed to be the I. A. T. S. E. answer to charges of company unionism filed by Jeff Kibre, minority leader in Studio Technicians, Local 37, on which a conference is to be held by Dr. Nylander Oct. 21. Minnesota Closes Deal Minnesota Amusement Co. has closed a deal for use of Republic's product in its 60 houses. The Berger Circuit and Baehr Bros, have also signed with Republic. KEEP YOUR EAR TO THE GROUND! The whole industry is asking: "Can M-G-M keep delivering one 'A' picture after another as it has been doing since the start of the season?" Here's the happy answer — keep your ear to the ground (Continued above) Z ETROCOLDW land look over the M-G-M releases so far: "A" "A ii OjJ A "A "A "A "A - MARIE ANTOINETTE (Shearer, Power sensational triumph Big cities, small towns everywhere) THREE LOVES HAS NANCY (America flocking to Bob Montgomery, Janet Gaynor, Franchot Tone comedy) ■ BOYS TOWN (The year's smash with Tracy grand and Rooney your new money star) TOO HOT TO HANDLE (Gable and Loy! What a pair! uTest Pilot" records go bye-bye!) VACATION FROM LOVE (Dennis O'Keefe, Florence Rice a new team for the fans. It's a riot!) STABLEMATES (Beery, Rooney in laughs and tears! Mickey has captured America!) YOUNG DR. KILDARE (Just previewed! And what a drama! M-G-M's new series idea will equal the "Hardy Family." Lew Ayres and Lionel Barrymore great!) And here are some that follow, one "A" picture after another, from now to December, almost all of them completed and previewed: JUDY GARLAND, FREDDIE BARTHOLOMEW in "LISTEN DARLING" • LUISE RAINER, FERNAND GRAVET, MILIZA KORJUS, "GREAT WALTZ" • ROBERT DONAT, ROSALIND RUSSELL in "THE CITADEL" • JEANETTE MacDONALD, NELSON EDDY in "SWEETHEARTS" (Technicolor) • MICKEY ROONEY, LEWIS STONE, etc., in "OUT WEST WITH THE HARDYS" • LEW AYRES, MAUREEN O'SULLIVAN in "SPRING DANCE" • JOAN CRAWFORD, MARGARET SULLA VAN, ROBERT YOUNG, MELVYN DOUGLAS in "THE SHINING HOUR" • LUISE RAINER in "DRAMATIC SCHOOL", etc. The industry's new slogan is: It's Metro- Gold wyn -Mayer's Grade 'A' Year!" MOTION PICTURE DAILY Friday, October 14, 1938 B. F. Keith Got Million Dollar Loan in Sept. Washington, Oct. 13. — Negotiation on Sept. 1 of a loan of $1,000,000 from the Bankers Trust Co., the pro- ceeds of which, together with $109,- 166.67, were used to retire outstand- ing first mortgage five per cent gold bonds of B. F. Keith's New York The- atres Co., its predecessor, was re- ported to the Securities and Exchange Commission today by the B. F. Keith Co. The company put up $1,000,000 in six per cent bonds due March 1, 1946, as collateral for the loan, which is evidenced by eight promissory notes maturing at six months' intervals at from two to three and one-half per cent. Keith-Albee-Orpheum also filed a report with the SEC showing that on Sept. 5 West Side Theatres Corp., a subsidiary of Greater New York Vaudeville Theatres Corp., itself a subsidiary of K-A-O, sold its 10 shares of Costello Theatre Corp. stock, representing all stock of that company issued and outstanding. "Straight, Place" Roxy Take $36,500 "Straight, Place and Show" gar- nered $36,500 in a second week at the Roxy. "Too Hot to Handle," also a second week holdover, grossed $33,000 at the Capitol. The Strand did $24,- 000 on "Secrets of An Actress" plus Johnny Messner and his band and Chester Morris in person. "King of Alcatraz" boosted the Cri- terion's take to $12,000. "There Goes My Heart," opening at the Music Hall yesterday, garnered $3,400 by 5 P. M. and a $12,000 gross was antici- pated for the day. Time Reel Held U p By British Censors London, Oct. 13. — Sections of Vol. 5, No. 2 of March of Time have been eliminated by the British censor be- cause of the international situation. No statement has been issued as to what material was objectionable, but the release has been suspended. Louis de Rochemont says the reel is com- prised mainly of newsreel extracts dealing with the recent war scare. "Patrol" Showings Set Twentieth Century-Fox has ar- ranged for special screenings of "Sub- marine Patrol." On Oct. 27, Navy Day, the film will be shown in Wash- ington to the National Press Club and ranking Navy officers. There will be a showing Oct. 29 at the Naval Aca- demy, Annapolis, to the Academy su- perintendent and his staff, followed a day later with a screening for the midshipmen. Arrangements are in charge of Marc Lachmann, the com- pany's national exploitation director. Hollywood Preview Rename "Unfit to Print" Holly woiD, Oct. 13. — Warners have changed the title of "Unfit to Print" to "Love Bites Man." "Brother Rat" (Warners) Hollywood, Oct. 13. — Against the staid historical background of the Virginia Military Institute John Monks, Jr., and Fred F. Finklehoffe, of V. M. I. '32, wrote a play which, contrary to many dramas of school life, did not stress the "ol' school spirit," and which played upon the frivolous side of the cadets' life in contrast to strict conduct rules of the institution. As a stage production, it was a success. According to records, success of a stage play is not necessarily an assurance of success as screen material, but Warners have injected into the film the verve and freshness of the stage play, and have given it a wider scope than footlights would permit. It is mounted handsomely. "Brother Rat" is the V. M. I. students' greeting to one another. There is a wealth of exploitation material to be derived from the background of V. M. I "the West Point of the South." The cast is listed in the following order by the studio : Priscilla Lane, Wayne Morris, Johnnie Davis, Jane Bryan, Eddie Albert, Ronald Reagan, Jane Wyman, Henry O'Neill, Gordon Oliver, Larry Williams, William Tracey, Jessie Busley, Olin Howland, Louise Beavers and Isabel Withers. The standout is Albert, from the original stage produc- tion, who essays the role of the "rat" whose mind, slow at best, is thrown into turmoil when his secretly married wife informs him he will become a father. Following the preview audience's uproarious applause for his characterization, the studio placed him on a long term contract. Albert, Morris and Reagan, roommates at V. M. L, become embroiled with the strict regulations of the institution, mostly through the fault of the quick-talking Morris. The plot deals with their efforts to have fun despite the rules. Richard Macaulay and Jerry Wald, in their adaptation of the play produced by George Abbott, keep situation and dialogue running in rapid fire to glean the utmost in comedy. William Keighley directed, keeping the continuity crisp. Robert Lord was associate producer. Running: time, 90 minutes. "G." Vance King New York Previews "Rothchild" (Regal Distributing) This French film produced by Productions Escalmel, has an amusing theme, but since action is at a minimum and dialogue is so important to the story, its chief appeal probably will be to those patrons with a knowl- edge of French, despite the liberal use of superimposed translations. Perhaps a selling asset for the picture in this country is the name of Harry Baur, the leading player. Baur meets Flip in a cheap lodging house, both being down and out. Baur has the imposing name of Roth- child and Flip has nerve. Together they capitalize on the name, acquiring 2,000 francs. Clothes, an expensive car and a chauf- feur are theirs for the asking. Accidentally they meet a shady banker, who wines and dines the "great man," and invites him to head his bank. The name turns an insolvent institution into a solvent one, as depositors respond to the name of Rothchild. But Baur gets wind of a swindle planned by the banker, and disappears in a pretended suicide. When the ensuing panic has prop- erly frightened the perpetrators, Baur reappears to berate them. Running time, 78 minutes. "G." Charles S. Aaronson "Prairie Moon" (Republic) Gene Autry tangles with cattle rustlers and three tough New York youngsters and finds them difficult to subdue. The result is a pleasing and fast moving western. Tommy Ryan, as one of the trio of an eastern gangster's children, contributes an appealing performance. After their father's death, the boys are taken against their will from New York to a ranch in the west. Autry undertakes to act as their guardian, but the kids resent any contact with a deputy sheriff. Stanley Andrews, the cattle rustler, uses the boys' ranch as a hideout for stolen herds. Between songs, Autry learns of the arrangement, seizes the thieves and recovers the cattle. The lads are impressed by his valor. Smiley Burnette, as Gene's pal, proves an excellent foil for the mis- chief stirred up by the three boys, and, in addition, sings two ballads of the west. Ralph Staub directed. Running time, 58 minutes. "G." End of Giveaways Helping Takes on Mountain Circuit All premiums have been abolished in the Fox Intermountain division operated out of Denver by Rick Rick- etson. Here for film buying and con- ferences with Spyros Skouras, R&n'1- son said yesterday that since the enHM- nation, early last month, business has been better. Quality of recent product has been a contributing factor, he says. Screeno and other games have been eliminated, but Bank Night, in which Ricketson is interested, is still run- ning in a few theatres. Giveaways also have been abandoned in a few situations, which have awarded prizes such as three automobiles in a year, but this experiment has not proved encouraging, he asserted. He has found that a worthwhile giveaway at the proper time will do business. Elimination of giveaways has proved a successful experiment on the West Coast, but Ricketson said the Southern California area has the advantage of previews and personal appearances of film personalities to make up for them. Film Men Converge For Golden Dinner Minneapolis, Oct. 13.— Film men from the northwest and the coast be- gan arriving here today for the dinner in honor of Edward Golden, Mono- gram vice-president, at the Nicollet Hotel tomorrow night. The New York contingent, headed by Golden, Leon Froemkess and George West, is expected in tomor- row afternoon in a special car on the Burlington streamliner. W. A. Steffes, in charge of arrange- ments, predicts an attendance of about 150. Duncan Named Manager Vancouver, B. C, Oct. 13.— Fa- mous Players Canadian has promoted Norman Duncan to manager of the Strand here. Duncan has served the circuit for 10 years. '60 Glorious Years' London, Oct. 13.— "Sixty Glorious Years," produced by Herbert Wilcox, was pre- viewed today and was ac- claimed a magnificent pro- duction with vivid historical interest and poignant human qualities. It is superlatively staged in Technicolor with the ac- tual royal palace back- grounds, and it highlights the personal, political and military features of Queen Victoria's reign, with empha- sis on the emotional unity of her love for Prince Albert. Balaklava, the Crimea and Khartoum are rousingly re- created. Anna Neagle plays Victoria sympathetically and her work is superlative in the Queen's old age. The premiere will be held at the Odeon tomor- row in the presence of Queen Mary. Flan. Seven Pretty Debutantes . . . and . . . TWO MURDERED What, MURDER?... You bet! And larceny and assault-and maybe even mayhem, too!.. plus the fastest courtship you ever thrilled to.. in this crackling mixture of mystery and fun and racing romance!. .The kind of a picture that gets a rise out of any kind of an audience and sends 'em away singing the praises of your show.. IT'S BOX-OFFICE ALL THE WAY! A km" 9 m Pk r i> a r /t I HENRY 7 r 00 WITH met SAM L E V E N FRANCES MERCER STANLEY RIDGES WHITNEY^ BOURNE PANDRQ S. BERMAN IN CHARGE OF PRODUCTION k K O DIRECTED D 1 LEIGH JASON RAfclO PRODUCED D Y P . I . WOLFS IT "ul Screen Play ay Philip S. Epstein v / / *25M0M» Friday, October 14, 1938 MOTION PICTURE DAILY RADIO Radio ersonals i LESTER GOTTLIEB, Mutual publicity coordinator, leaves Sun- day for a swing around the Mutual circuit. He'll cover 15 stations in^. many cities . . . Rudy Vallee will leQLy1 for the coast shortly. His pro- grams, for three months, will come from Hollywood beginning the first Thursday in November . . . W. E. Hussman, KCMC, Texarcana, Ark., in town for several days . . . Don Voorhees' orchestra with Lanny Ross as vocalist is preparing an audition . . . Elaine Stern Carrington, writer of "Pepper Young's Family," leaves for a Hollywood vacation, Oct. 21 . . . Connie Boswell's new contract on the "Monday Night Show" over CBS is for 26 weeks, but it's on a non-exclu- sive basis and either party can cancel on four weeks' notice. Kaltenborn Honored For Crisis Coverage H. V. Kaltenborn, CBS news com- mentator, was tendered a surprise luncheon at the Ambassador Hotel yesterday in recognition of his out- standing radio news job of reporting the recent war crisis. Representing the stations affiliated with the network, Frank Sowell of WLAC, Nashville, presented the news commentator with silver loving cup. Present at the luncheon were mem- bers of the press and various CBS officials, including William Lewis, Lawrence Loman and Herbert Acker- berg, vice-presidents. In a talk following the presentation of the award, Kalternborn said that whatever honors came his way for his achievement must be shared by his co- workers and the press, without whose cooperation, he said, it would not have been possible to carry on. CBS Artists Bureau, booking a lec- ture tour for Kaltenborn, probably will write $50,000 worth of lecture business for the news commentator for the coming season as a result of the nationwide publicity he received dur- ing the crisis. Margaret Anglin to Be on CBC Program Montreal, Oct. 13. — Margaret Ang- lin, daughter of T. W. Anglin, former speaker of the House of Commons, has accepted an invitation of the Canadian Broadcasting Corp. to take a leading role in the second of its series of Shakespearian presentations at 9 P. M. Sunday. She will appear as Queen Catherine in "Henry VIII." Raoul Jobin, Paris opera tenor, has been signed for an appearance on the "Melodic Strings" program over the national network Sunday at 7 :30 P. M. "Patrol" Sponsor Shifts Cincinnati, Oct. 13. — "The Dawn Patrol," sponsored by the local Dow Drug Co. for the past several years over WKRC, has been taken by the L. T. Patterson Co. and associated Plymouth-Chrysler dealers. The ac- count, placed direct, is for 26 half-hour spots, at 8 A.M., six days a week. Al Bland will continue at the mike. Sanborn Hour Most Popular Air Show The Chase & Sanborn Hour again is the most popular program on the air, according to the new agency rat- ings just compiled. Among the first 10 program, four are heard over CBS, the remaining six over NBC's Red network. The rankings of the first 10 pro- grams, in order, follows : Chase & Sanborn, the Lux "Radio Theatre," "Kraft Music Hall," Rudy Vallee's "Variety Hour," Major Bowes' "Ama- teur Hour," M-G-M's "Good News Hour," "Hollywood Hotel," "One Man's Family," "Gang Busters" and "Fibber McGee." Significant is the fact that the three leading programs utilize film players. Of the remaining seven leaders, three others, "Good News," "Hollywood Hotel" and Rudy Vallee also feature film names. RCA to Issue Data On Television Work RCA, through I. R. Baker, manager of transmitting equipment sales, is pre- pared to supply information on recent television transmitter developments to broadcast stations which request it. The information includes complete technical data and transmitter equip- ment cost estimates. RCA engineers have just finished a new television system for CBS, which is expected to begin experimental transmissions as soon as installation has been completed. Show on Texas Network "Show of the Week," cooperative band show Sundays on Mutual, will take on the 23 stations of the Texas State network, effective this Sunday, under local sponsorship. In New York the show is sponsored by Howard Clothes. Reynolds in Cincinnati Cincinnati, Oct. 13. — E. S. ("Red") Reynolds, of the CBS sales promotion department, New York, is here visiting William A. Schudt, Jr., general manager of WKRC. Political Speeches Take More Net Time Network political billings continue to mount, with two new regional book- ings on CBS. The Democratic State Committee of Massachusetts has bought time for eight talks over WEEI, WORC, WMAS, WBRK, 15 minutes each, on Oct. 13, 22, 26 and Nov. 1, 3, 5, 7. The H. M. Frost agency negotiated. Frank E. Merriam, candidate for Governor of California, has purchased time for five 15-minute speeches over KSFO, KNX and KARM, Oct. 27, 31 and Nov. 5. The Joseph Loone agency placed the business. The new Empire State network has been awarded a contract by the Demo- cratic State Committee calling for seven half-hour broadcasts and seven quarter-hours. The deal was com- pleted yesterday by WHN for the net- work, with Dick Wright, WHN sales- man, negotiating with Fishier, Zea- land Co., the agency for the political committee. The broadcasts will originate from 14 different points within the state, beginning Oct. 20 and continuing through Nov. 5. Stations to carry the broadcasts are WHN, WABY, WIBX, WSAY, WBNY and WNBF. Braucher Now Heads WOR Chicago Sales Frank Braucher, WOR vice-presi- dent in charge of sales, yesterday ap- pointed Harold B. Higgins, head of the station's western office in Chicago. Higgins previously was western man- ager for the Paul H. Raymer Co., sta- tion representatives ; sales manager WBAL, Baltimore, and WEEI, Washington, and sales and station manager of WBZ, Boston. Joins Wisconsin Web Sheboygan, Wis., Oct. 13.— WHBL has joined the Wisconsin Radio Net- work, which now has four central outlets. In addition to WHBL, other outlets are WHBY, Green Bay, KFIZ, Fond du Lac, and WIBU, Poynette, with their branch studios in Oshkosh, Appleton, Beaver Dam, Portage, Mad- ison, West Bend and Plymouth. F. C. C. Supports McNinch In Hampson Gary Ouster Washington, Oct. 13. — The long threatened purge of the Federal Com- munications Commission was inaugu- rated today by Chairman Frank R. McNinch, just returned to his desk from a stay in the hospital, with the ousting of Hampson Gary, chief gen- eral counsel. McNinch declared today that the dismissal of Gary was approved by a vote of four to two, with only Com- missioners Craven and Payne dissent- ing, on the ground that the general counsel was inefficient in his manage- ment of the law department. Previous to the ouster, an effort had been made to have Gary accept a transfer to the R.F.C., which he refused, or to resign, which he also refused to do. Denying that he had any plans for a purge, McNinch admitted that a re- quest was pending before the Civil Service Commission for removal from civil service status of 53 key positions in the commission, but declared the present incumbents would not be affected. However, he admitted, he had plans for removing or changing a number of other employes, but de- clared the number would be compara- tively small. The chairman, in bellicose mood, de- nied emphatically that there was any personal animus among members of the commission, but did not reconcile that statement with the release of his letter to the Civil Service Commission by Commissioners Craven and Payne with a statement which he charged contained many inaccuracies. He also disclosed that he has carried his woes to the White House, and said that the President has given approval to his plans for reorganization of the com- mission staff. FCC Probe of Monopoly Off Until Nov. 14 Washington, Oct. 13. — Postpone- ment of hearings in the Federal Com- munications Commission's investiga- tion of monopoly and chain operation from Oct. 24 to Nov. 14 was an- nounced tonight by Chairman Frank R. McNinch. Delay in opening the hearings, he explained, will be due to the fact that a large number of interests have asked for time to be heard, including a greater number of transcription com- panies than had been expected and a number of organizations, including the C. I. O. and Ascap. Because of this, he said, difficulty has been experienced in framing a schedule for the hearings, it being planned to advise all prospective wit- nesses well in advance as to exactly what day they will be heard, so that they need not come to Washington from long distances only to hang around waiting to be called. Chairman McNinch, in answer to questions, denied that he plans to con- trol programs, particularly those of commentators, and said the commis- sion would eventually develop a policy with respect to chain programs, but would not do so until after the chain investigation had been completed. Report Seven After Philharmonic Series Although no contracts have bee'n signed yet for sponsorship of the Phil- harmonic Symphony broadcasts over CBS, it is learned that locally at least seven clients, of which the largest is R. H. Macy & Co., have indicated their willingness to sponsor the pro- gram. Meanwhile it has been learned that CBS early this week piped a private audition over telephone lines to 108 stations of the network, with leading merchants in each of the cities invited to listen. CBS officials decline to comment on the reaction. The project as it now stands is to broadcast the 30 weekly concerts of the orchestra under the cooperative sponsorship of merchants in cities where CBS stations are established. For the past 10 years the Philhar- monic broadcasts have been the leading sustaining program on the CBS sched- ule. Young in Halifax Post Halifax, Oct. 13. — George R. Young, former member of the senior production staff of CBL, Toronto, has arrived here to assume his duties as acting program director of the Cana- dian Broadcasting Corp. for the Mari- time region. Young temporarily re- places J. Frank Willis, who left re- cently on loan to the Australian Broadcasting Commission. Chevrolet Series on WHN Chevrolet Motors having resumed its "Musical Moments" transcriptions, a contract for the series has been placed with WHN, Fridays at 6:30 P. M., starting today. Campbell- Ewald agency placed the account. INDISPENSABLE TO EVERY SHOWMAN! The new 1939 BOOKING CALENDAR LIMITED SUPPLY ORDER PROMPTLY PRICE 25f! postpaid USE THIS COUPON Each year, thousands of managers find the Quigley Booking Calendar a prime necessity in the successful operation of their theatres. Its record of national and state holidays is a guide to the timely booking of appropriate pictures, tieing in with important historical events, permitting special exploitation campaigns of great benefit to your box office. These Booking Calendars are supplied to managers at cost and for that reason do not allow the carrying of large stocks. Unless your order comes in early we may not be able to fill it. Be sure to get your 1939 Calendar by ordering it today! Managers' Round Table, ROCKEFELLER CENTER, Kindly send me one Booking Calendar for NAME ADDRESS MOTION PICTURE HERALD NEW YORK 1939/ I enclose 25c to cover cost of calendar and postage. .THEATRE. .CITY. .STATE. Alert. Intelligent Ihdispenja! to theNVIqtion Picture industry MOTION PICTURE DAILY and Impartial 1% 44. NO. 75 NEW YORK, MONDAY, OCTOBER 17, 1938 TEN CENTS N.Y. BANK SYNDICATE READY TO AID "U" WITH $2,500,000 Self -Regulation May Stop Trust Suit, States Myers Abram F. Myers, Allied States gen- eral counsel, believes that proper self- regulation will lead to an amicable adjustment of the Government's anti- trust suit. He expounds this view in his annual message in the New Jersey Allied year book, issued in conjunction with the 19th annual convention which will get under way in Atlantic City Wednesday. Myers says : "The problem now is further complicated by the pendency of the Government suit. Nevertheless, if there is a will, a way can be found. If the Big Eight are sufficiently im- pressed with the situation they can still seek, in cooperation with the bona fide representatives of the independent exhibitors, a solution of industry prob- lems for submission to the Department of Justice as a compliance with the demands of the Government." Harry G. Kosch, counsel for New York Allied concurs with Myers' views. New York Allied is known to favor solution of industry disputes by amicable means. Myers' statement traces Allied's progress in trying to obtain conces- sions from the major firms. He ex- presses the hope that a program of Industry Leaders to Address MPTO Meet Oklahoma City, Oct. 16. — Produc- tion and distribution executives from both coasts and well known theatre operators are included in a list of speakers for the M.P.T.O.A. conven- tion released here today. The convention will run from Oct. 31 through Nov. 2. Among the speakers will be : Leo Spitz, William F. Rodgers, Edward Golden, Charles Casanave, Frank Cas- sil, George J. Schaefer, Herman Wob- ber, Hal Roach, Fred Wehrenberg, Lewen Pizor, Arthur Lockwood, Ed G. Levy, Milton C. Moore, Charles Williams, M. A. Lightman, Bob O'Donnell, L. C. Griffith, Robert Rip- ley, Mayor J. Frank Martin of Okla- homa City, R. X. Williams, Mitchell Wolfson, R. A. Harvey. Ed Kuykendall left here over the weekend to confer with Wehrenberg in St. Louis. self-regulation can be perfected. He outlines also his organization's objec- tives in this regard: 1. Full security to independent ex- hibitors. 2. Place distributor-exhibitor rela- tions on a basis of mutual confidence and understanding and provide for ad- justment of future disputes. 3. Bring the industry and every branch of it into conformity with the law. 4. Meet the reasonable demands of the religious, welfare and educational groups on community preferences and standards. An attendance of 300 or more is expected at the Atlantic City conven- (Continued on page 4) Cleveland Opposes Added 'Quiz' Time Cleveland subsequent run theatre operators are opposed to an extension of the "Movie Quiz" prize contest beyond Dec. 31, campaign headquar- ters of Motion Pictures' Greatest Year was advised Saturday by M. B. Horwitz, Cleveland regional chairman of the drive. Horwitz said the original four- month period for the contest is re- garded in his territory as the fairest division of playing time on contest pictures between first and subsequent runs which can be devised. ' Campaign managers are weighing a proposal to extend the contest period to March 1. Decision will be made Oct. 25. Final Payment to Be Asked on Roxy Bonds Application for authorization to make the final payment on $39,000 of old Roxy Theatre bonds outstanding may be made in Federal court here this week. Such an application would be filed by Proskauer, Rose & Paskus, counsel for the Roxy trustee. Believed likely the payment may amount to around $8 on each $100 face amount. The last payment was $6. Authorization of the dividend by the court will make possible what is re- garded as the final step in the Roxy's court proceedings, begun in 1933. Speculate About U. A. Presidency With Samuel Goldwyn, Mary Pickford and Douglas Fair- banks, in town, the trade is wondering whether the an- nual meeting of the company will be advanced from Nov. 9 to some immediate date. Stockholders may express their views by proxy. Thus Charles Chaplin and Alexan- der Korda can also partici- pate in the selection of a presi- dent through their local rep- resentatives, Attorney Charles Schwartz, for Chaplin, and Emanuel Silverstone, for Korda. It is understood that under the company's by-laws, it takes a unanimous vote of stockholders to elect anybody other than Maurice Silver- stone as president. He is gen- eral manager of U. A. The presidency would grant him no greater power or operat- ing control than he now en- joys. Sidney Toler Gets Charlie Chan Role Hollywood, Oct. 16. — The Charlie Chan series will be resumed Oct. 24 by 20th Century-Fox with Sidney Toler in the title part in "Charlie Chan in Honolulu." Toler was signed Sat- urday by Sol Wurtzel after he had been seen in rushes of "Up the River." Company in Black First Time in Years; Big Debts Paid Off Universal Pictures has negotiated a credit of $2,500,000, at five per cent per annum, for two years, and has paid off $1,000,000 in maturing debts, from a bank syndicate headed by the Commercial National Bank and the Irving Trust Co. Full number of banks in the group is not revealed. This is a revolving credit. It involves no changes in the company and in no way affects the operating personnel or setup. This new line of credit is held to be sufficient to meet the full financial re- quirements of the company for the time stated. It was negotiated after long and careful investigation by the banks. J. Cheever Cowdin and Nate J. Blumberg acted for Universal. Cowdin is chairman of the board. Blumberg is president. The deal has been in negotiation since last May. Universal is in the black for the first time in several years, a fact which testifies to the progress and success of the present operating management, under Blumberg, who assumed office hardly 10 months ago. He was oper- ating head of RKO's theatres when he was invited by Cowdin and his as- sociates to assume the Universal helm. He is one of the youngest chief execu- tives in the trade. Under Blumberg's direction the company has steadily forged ahead. In August, Universal was no more than possibly $22,000 in the red for (Continued on page 4) Trust Suit and Regulation Discussed at Hays Meeting Effect of the probable trade practice regulations to be worked out with exhibitors this week was discussed by directors of the M.P.P.D.A. with pro- duction officials at a meeting which lasted throughout most of Saturday. Cancellation, and the result it may have on production budgets, was de- scribed as the chief topic explored. Officials of five major studios attend- ed the session in addition to heads of all major companies. The major com- panies are prepared to go ahead with the exhibitor negotiations. Four major studios had representa- tives at the meeting in addition to their representatives on the M.P.P.D.A. board. They were Harry Cohn, Colum- bia ; Joseph M. Schenck, 20th Cen- tury-Fox ; Samuel Goldwyn, United Artists; Harry Warner and Major Albert Warner. Barney Balaban, Paramount president, will report the (Continued on page 4) MOTION PICTURE DAILY Monday, October 17, 1938 i Purely Personal ► WILL H. HAYS, Jack Cohn, Nate Spingold, Jacob Wilk, Herman Wobber, Gradwell Sears, Arthur Lee, Major L. E. Thomp- son, Oscar Doob, E. L. McEvoy, License Commissioner Paul Moss and others will attend the reception for John H. Harris of Pittsburgh be- ing given by George J. Schaefer, W. G. Van Schmus and Harold Franklin as M. P. G. Y.'s tribute to Harris' father, who operated the first continuous policy theatre. • Mrs. Herman Wobber, wife of the 20th Century-Fox distribution chief, and young daughter, Joan, who ar- rived recently from San Francisco, will remain here another two weeks. Wobber will accompany them on their return to the coast. • Tom Connors, M-G-M division manager, is continuing his tour of his southern territory and is expected to be away most of this week. -, - • ..- • E. V. Richards, head of. the SMn- ger Circuit, New Orleans,, is^an New York for conferences with Y. Frank Freeman, Paramount theatre head. • Rick Ricketson, Fox Intermqun- tain division manager, left Saturday night for Denver after conferring here with Spyros Skouras. • Hal Roach has returned to the coast to start work on "It's Spring- Again," Oliver Hardy-Harry Lang- don feature. Sylvia Sanders of Sanders Films will return today on the American Farmer after completing distribution deals in England and Sweden. • Halsey Raines of M-G-M's pub- licity department is mourning the death of his grandmother. She was 82 years old. Edward Aaron / 'assistant to _ Wil- liam F. Rodgers at M^-G-'M, is on a two-week tour of southern branches. - J. W. Piper, Paramount ..manager in Japan, will sail from San Francisco today on the 'ralsif'JyfcmO '. -. D. J. Chatkin of Monarch The- atres has taken a new home in New • Rochelle. Pat Casey, producers' labor repre- sentative, '- will arrive from the coast today. Ed Kuykendall, M.P.T.O.A. presi- dent, arrived in New York from Okla- homa City yesterday. • W. Ray Johnston and Eddie Golden, Monogram heads, will arrive in New York today. • Marvin Schenck is another Loew anniversary celebrant. It's his 26th or 27th — he can't remember which. • Pat O'Brien and Beulah Bondi have arrived from the coast. Gene Dubarry is handling publicity for the Belmont Theatre. Insiders9 Outlook SOME people just won't be- lieve it when they see it. In a striking press sheet on "Suez" the Fox advertising department credits direction to Allan Dwan in 38 places, exclu- sive of publicity stories. One of these has a two-column story on Dwan and other mentions. In all the newspaper advertising on the Roxy opening yesterday Dwan received credit. But in a 20th-Fox publicity re- lease on the Roxy business Friday night, Henry King is named director. T T Mae West, it is understood, as- signs all her stage and film rights, and income from personal appearances to the Mae West- Empire Film Company, which the actress has organized in associa- tion with Louis Lurie, San Fran- cisco real estate and theatre mag- nate. Lurie owns 50 per cent of tire -company. The " production money, it is understood, is com- ing through a California bank which is said to have lent the new company $350,000. T T A central bureau for stars' au- tographs, where such autographs could be purchased by the signa- ture hounds, and the proceeds turned over to charity, has been suggested for the trade's benefit. A rule would apply that stars not be permitted otherwise to issue autographs, and that the fan pub- lic be directed to obtain these autographs only via the central bureau. T T. It's somewhat akin to telling a person not to scratch when one itches, but at any rate the Fascist newspaper Tevere has urged Italians to boycott pictures of Charlie Chaplin, the Marx and Ritz Brothers on the grounds their humor is "non-Aryan" and therefore not funny. New York Previews "Suez" (20th Century-Fox) "Suez" is magnificent. It combines splendid pictorial effects on a scale as vast as the desert with a love story set in a maelstorm of human emotions and intrigue. The climax is a desert hurricane that sweeps tents, humans, water tanks and dredges before it in an extraordinary mass of ruin. A capacity audience at the Roxy burst into applause and women here and there wiped away furtive tears at the first showing Friday. This is about as good an indication as any that a new box-office smash has started on its way. -Darryl F. Zanuck's shrewd understanding of showmanship values has been combined with Allan Dwan's well known flair for directing spectacles. Somebody — perhaps it was Associate Producer Gene Mar- key— kept the emotional content of the story to the forefront in spite of the .sweeping character of the background. -The cast is splendid, Tyrone Power, as Ferdinand de Lesseps, the •yOung Frenchman whose vision creates the canal, and Loretta Young, the Parisian beauty, who puts aside love to become the Empress Eugenie, are vibrant figures, and Annabella, as the wistful, rouguish, passionate child of an army sergeant, who centers her emotional life about Power, turns in a performance that will be remembered a long time. Power is sent to Egypt as consular' secretary by Louis Napoleon (Leon Ames) when Napoleon discovers the young man may be a stumbling block in the path of his courtship of Miss Young. While there he develops a vision of what a canal across Suez would mean to the world and meets Annabella. He becomes the friend of Prince Said (J. Edward Bromberg), son of the viceroy. Napoleon at first refuses to have anything to do with the scheme, but when Power helps the coup d'etat that enables Napoleon to become Emperor French backing for the scheme is assured. After the digging has been started the Sultan of Turkey engineers a series of explosions which nearly wreck the project. Prussia interferes. England opposes it, but her stand is reversed following Disraeli's assumption of the Pre- miership. In the tremendous wind storm Annabella is killed, but the canal is completed and at the close Power is shown kneeling before the Empress to receive the cross of the Legion of Honor. The cast is name-studded. In addition to those listed above it includes Joseph Schildkraut, Henry Stephenson, Sidney Blackmer, Sig Rumann, Maurice Moscovich, Nigel Bruce, Miles Mander, George Zucco and many others. The screenplay is by Philip Dunne and Julien Josephson from a story by Sam Duncan. Running time, 104 minutes. "G." J. M. Jerauld Para.-M. & P. Deal Renewed For 5 Years Extension for five years of the man- agement deal for the M. &f P. circuit, New England, has been agreed ogr be- tween Paramount and Martin 1 in and Sam Pinanski. Agreement covers the operation of the 91 houses in Massachusetts, Rhode Island and Connecticut, comprising the M. & P. circuit. No changes were made under the renewal, the existing agreement merely being extended to October, 1943. Y. Frank Freeman, Paramount vice-president and theatre head, represented the parent company in the deal. Benjamin Trustman, Boston attorney, acted for the oper- ators. Mullin and Pinanski returned to Bos- ton, their headquarters, over the week- end. S. A. G. Closes List; Membership at 1,000 Membership rolls of the eastern div- vision of the Screen Actors' Guild were closed to extras on Saturday after a last minute rush brought mem- bership in the Junior Guild slightly oyer the 1,000 mark. The action is similar to that taken at the coast in February, and will not affect actors who obtain bit parts. Officials here declined to state how long the ban would remain in effect, but indicated that no effort to reopen the books would be made until a definite demand was established by increased opportunities for employ- ment. Florence Marstons, eastern director of the S.A.G, will return here today from the A.F.L. convention in Houston. English Exports Gain London, Oct. 16. — Exports of ex- posed positive film in September to- taled 2,005,532 feet, an increase of 3,600 feet over September, 1937. Im- ports totaled 1,534,599 feet, a decrease from September, 1937, of 284,697 feet. MOTION PICTURE DAILY (Registered U. S. Patent Office) MARTIN QUIGLEY, Editor-in-Chief and Publisher; SAM SHAIN, Editor; JAMES A. CRON, Advertising Manager. Published daily except Saturday, Sunday and holidays by Quigley Publishing Company, Inc., Martin Quigley, president; Colvin Brown, vice-president and treasurer. Publication office: 1270 Sixth Avenue at Rockefeller Center, New York. Telephone: Circle 7-3100. Cable address: "Quigpubco, New York." All contents copyrighted 1938 by Quigley Publishing Company, Inc. Ad- dress all correspondence to the New York office. Other Quigley publications: Motion Picture Herald, Better Theatres, Teatro al Dia, International Motion Picture Almanac and Fame. BUREAUS : — Hollywood : Postal Union Life Building, Vine and Yucca Sts. ; Boone Mancall, manager; William R. Weaver, editor. Chicago: 624 S. Michigan Ave., C. B. O'Neill, manager, London: 4 Golden Square. W. I : cable address. Quigpubco, London ; Hope Williams, manager. Entered as second class matter Sept. 23, 1938, at the post office at New York, N. Y., under the act of March 3, 1879. Subscription rates per year $6 in the Americas and $12 foreign. Single copies 10c. 6 D I STAND ACCUSED ROBERT CUMMINGS ^Jyjfll **i Ml ROBERT CUMMINGS HELEN MACK LYLE TALBOT /3 THOMAS BECK ^ .S'f"A«D ARUN * BEVERLY R0B£RTS •■ru TALBOT DickTrdcv RETURNS RALPH BYRD LYNN ROBERTS ■A vm9SS THE LONE RANGER SILVER TONTO 1 C'»SON J* I GENE AUTRY SHIRUT OCANC TOMMY RYAN PrisonHurse 1 7 />1 ■ 1 MOTION PICTURE DAILY Monday, October 17, 1938 "U" Heads for $20,000,000 Yearly Gross (.Continued from page 1) that month. In September, the world operations of the firm moved into the profit making class. Universal is pacing for an annual gross of $20,000,000 at this time, as compared with $18,000,000 in 1937 The average weekly increase over 1937 is approximately $-.0,000. Improved product plus economical operation has served their purpose, and William Scully, vice-president in charge of sales, has much to do with this im- provement in income, as has Joseph Seidelman, vice-president in charge of foreign sales. Foreign sales are up considerably. Great savings are understood to have been achieved in the reorganiza tion of the company's studio at Uni versal City under Matthew Fox, vice president, and Cliff Work, business head of the studio. Cowdin, with Vice-president Seidel- man, some months ago negotiated a loan in England from the'' National Provincial Bank, and also renewed with the C. M. Woolf-Lord Portal Arthur Rank (General Theatres) in terests for five years, the existing dis tribution deal held by the latter, and receiving an advance from the latter. Cowdin is in England to sit in on the present talks relating to the possi- ble disposal by Portal-Rank- Woolf of these distributions and theatre inter- ests to Odeon (Oscar Deutsch) for approximately $10,000,000. This is part of the projected four-cornered $40,000,000 British theatre merger among Odeon, Bernstein Theatres, Ltd., the G. T. theatres, and the Gau- mont British circuit. Loans recently paid off by Univer- sal include those of Irving Trust and Erpi, and $400,000 to Eastman. "Rapture's" $14,300 Near Globe Record "Dark Rapture," Universal release, hit a gross of $14,300 at the Globe in the week ending 7 P. M., Satur- day. This is not a record, but one of the biggest takes for the house. The record for a regular run is held by "Lost City," which took $17,000 in 1934. ^ • ' The current attraction will go an- other two weeks and the run will be extended M business warrants. The Brandts and the film company put on a big campaign, with $8,000 spent on advance and first week ballyhoo. The expenditure was split, the film being in on percentage. The film got good press notices. SSTU Seeks Jurisdiction Hollywood, Oct. 16. — Local 695, Studio Sound Technicians yesterday filed a petition with the N.L.R.B. to be declared the sole collective bargain- ing agency for sound technicians at 13 studios, for six sound companies and sound equipment rental agencies and three newsreels. The petition, filed by Harold V. Smith, business agent, was the first entered by an I.A.T.S.E. local. Golden Honored at Minneapolis Dinner Minneapolis, Oct. 16. — Edward A. Golden, Monogram vice-president, who was honor guest at a testimonial dinner given by exhibitors of this ter- ritory on Friday, was hailed here for his efforts "to bring independent films to the highest possible plane of entertainment and box-office values." Golden, with W. Ray Johnston, Monogram president, left for New York today. More than 150 industry and public officials and exhibitors attended the testimonial at the Nicollet Hotel, which was sponsored by W. A. Steffes, head of Northwest Allied. In attend- ance were Governor William Langer of North Dakota, the executive who signed the widely celebrated affiliated theatre "divorcement" bill ; Congress- men Dewey Johnson and Henry Tei- gan ; Mayor William Fallom of St. Paul ; Pete Harrison, George Dem- bow, William F. Rodgers, Jack Flynn, Fred McConnell ; Mack Littman, Joe Pastor, Chicago exhibitor ; John P. Devaney, H. M. Richey, Bennie Ber- ger, George Granstrom, A. A. Kap- lan, Paul. Mans, Harry Dryer, W. R. Frank and Hiller Hoffman. William Elson, RKO midwestern division manager, was toastmaster. Plan Camera Show The lads at the 20th Cen- tury-Fox advertising and publicity department have formed a Camera Club and will hold their first meeting and exhibition today after working hours. There are 15 members and there are ex- pected to be about 40 photos on display, including some aerial shots by Lieut. Bill Chambliss. Schenck Urges Fair Limit on Cancellations Dreifuss Quits to Start New Company Arthur Dreifuss resigned Saturday as vice-president and production head of Coronado Films to devote all of his time to Arthur Dreifuss Produc- tions, Inc., now in formation for the production of 19 musical shorts for Columbia release. Dreifuss left Sat- jrday for the coast. Roy Wolf, president ; Perry Burch, secretary, and William Kent, assist- ant secretary, also left Coronado Films to join Dreifuss. Daniel L. Ltberman will continue production of eight Cor- onado westerns for Grand National re- lease. Murphy Succeeds Paul " Hollywood, Oct. 16. — Martin Mur- phy, production manager of Universal studio, also assumes duties of studio manager, made open upon the retire- ment of Val Paul, whose contract with company was settled. Dave Garber con- tinues as manager of studi j operations. Hayes Office Takes Up Federal Aation Versus Regulation (Continued from page 1) findings of the meeting to the com pany's studio heads on his arrival on the coast Thursday. Balaban heads west today with other Paramount top executives. Also at the meeting were Sidney R Kent, 20th-Fox ;. Nicholas M. Schenck Loew's ; Jack Cohn, Columbia ; Leo Spitz, RKO ; Nate J. Blumberg, Uni versal ; Maurice Silverstone, United Artists, and Major Albert Warner, Warners. Reported following the meeting that the discussions revolved around the manner in which the proposed 10 to 20 per cent cancellation schedule will affect production and how other trade practice concessions will react on sales practices. The discussion was described as general in tone and designed to provide an exchange of opinions and information for the benefit of all in order to aid executive and studio heads in adjusting their operations to the new order. Seattle MPTO Meet May Be on Nov. 16 Seattle, Oct. 16. — Plans for the annual convention of the Motion Pic- ture Theatre Owners of Washington are being made by James M. Hone, executive secretary. The session will be held about Nov. 16 at the New Washington Hotel. Self-Regulation May Stop Trust Suit, States Myers (Continued from page 1) tion. Myers and Nathan Yamins, president, are scheduled as the chief speakers. The year book, which contains the complete convention program, has messages also from Irving Dollinger, president of New Jersey Allied, and Max A. Cohen, head of the New York unit. The program for the 19th annual convention of Allied Theatre Owners of New Jersey, in conjunction with which will be held the first annual convention of New York Allied and an eastern regional conference of inde- pendent exhibitors, at the Ritz-Carl- ton, Atlantic City, follows : Wednesday, Oct. 19. — Registration of delegates, 10 A. M. ; eastern re- gional directors meeting 10 A. M. ; luncheon for eastern regional direc- tors ; first general session, 3 P. M. to 5 P. M. ; for the ladies, tour through model American homes, 3 P. M. ; get together party. Club Nomad, 10 P. M. Thursday. Oct. 20. — Committee meetings, 10 A. M. ; trade show, in- spection of exhibits, 11 A. M. ; second general session, 2 P. M. to 5 P. M. ; product survey ; New Jersey election of officers ; New York Allied meeting and election of officers, gold room, third floor ; ladies' bridge and tea, Palm Court, 2:30 P. M. : cocktail party, convention foyer, 7:15 P. M. ; annual banquet, main dining room, 7:45 P. M. Friday, Oct. 21. — Committee meet- ings ; third general session ; product survey results ; committee reports ; ad- journment. Cancellation of more than 10 per cent will endanger picture quality and compel a reduction of production Jr i. gets, in the opinion of Joseph I. Schenck, 20th Century-Fox board , chairman, who added, however, that i despite his personal opinion the com- pany stands ready to accord to ex- (| hibitors whatever cancellation right ! the industry believes to be fair or necessary. Schenck said he, personally, does not believe any cancellation right is justified; that a 10 per cent cancella- J tion is the most that production can j absorb on top of all other increased 1 production costs at this time, and that a 20 per cent cancellation could be effected only by the reduction of pic- j ture budgets and the threat of injury 1 to picture quality. Schenck's opinions were voiced on his arrival here from the coast Satur- I day to attend the producer-distributor 1 discussions at M. P. P. D. A. head- quarters on the trade practice program to be worked out this week by national exhibitor leaders and the distributors' negotiating committee. Others who came from the coast to attend Satur- day's meeting were Harry M. War- ner, Samuel Goldwyn and Harry Cohn. Schenck laid the need for cancella- tion to prevailing theatre policies. "I do not believe any cancellation is justified," he said. "Exhibitors should pay for what they buy. The need for cancellation arises more from current theatre policies than from either pro- duction or selling practices. If exhibi- tors returned to single features they would not be overbought on pictures and would not need cancellation. The- atres should get back to playing one picture at a time and to playing each one for all that it is worth. 'Cancellation, coming on top of all other increases in production costs over the past few years, without any corresponding increase in either the- atre attendance or film rentals, just could not be absorbed by production in any amount over 10 per cent with- out an adverse effect on pictures," Schenck said. Schenck will be in New York for about a week, he said. He will visit the White House during the week to discuss infantile paralysis relief ac- tivities with President Roosevelt. He does not expect to go to England at any time in the near future on a Gau- mont British deal or any other, he said. He was accompanied east by Joe Moskowitz, his eastern representative. Illness Halts Two Films Hollywood, Oct. 16. — Two com- panies have closed down at 20th Cen- tury-Fox for an indefinite period due to attacks of influenza suffered by Roy Del Ruth and Mai St. Clair. Del Ruth was directing "Tailspin," and St. Clair "A Bundle of Joy." Small Buys "My Son" Hollywood, Oct. 16. — Edward Small has purchased, for $50,000, the best selling novel, "My Son, My Son !" by Howard Spring, and is seeking Spring to write the adaptation. Monday, October 17, 1938 MOTION PICTURE DAILY Reviewers Find Roach Film Is An Entertaining Comedy Receiver Sets Fox Theatres Legion Passes 541; Rejects Seven in Year Washington, Oct. 16. — Continuous improvement in the cultural standards cJ~ *ige motion picture is evidenced by t .act that of 580 films reviewed by \ the National Legion of Decency since "» last November, only seven have been condemned and 32 classified as objec- tionable in part, it was disclosed yes- terday in a report of the Episcopal Committee on Motion Pictures, made public following the close of the an- • nual meeting of the National Catholic Welfare Conference. Of the pictures reviewed, it was stated, 11 were in foreign languages, 443 were made in this country and 137 were produced abroad. Aside from the 39 pictures to which objection was taken, 545 were classed as unobjec- tionable for general patronage and 194 as unobjectionable for adults. In its report, the committee renewed its call to Catholics to follow the de- cisions of the Legion and to be not mere passive film patrons, but critics as well. Other sections of the report an- nounced that the Legion has become a member of the International Catholic Office for the Cinema, with headquar- ters in Brussels. The office serves as a clearing house for information on film development in various countries and now has affiliations in 12 nations. Other important foreign contacts have been made by the Legion, particularly in South America and Europe. The Episcopal Committee on Motion Pictures consists of Archbishop John T. McNicholas of Cincinnati, chair- man ; Archbishop John J. Cantwell of Los Angeles, Bishop Hugh Boyle of Pittsburgh, Bishop John F. Noll of Fort Wayne, and Bishop Stephen- J. Donahue, administrator of the Arch- diocese of New York. Since 1936, nearly 3,000 films have been reviewed and reported upon. Pathe News Sued on False Arrest Charge Suit for $75,000 against Pathe News, Inc., Howard Winner, camera- man, and Walter S. Curtayne, a New York police officer, was filed on Fri- day in the N. Y. Supreme Court by Herman Van Cleef. The plaintiff, an accountant, claimed that he had been wrongfully arrested and charged with grand larceny on June 6, 1938, at the instigation of the defendants, for the alleged stealing of photographic equipment belonging to Pathe News. On June 13, the plain- tiff said, the charge was dismissed in the City Magistrate's Court. June Storey Borrowed Hollywood, Oct. 16. — Margaret Tallichet having refused to play the feminine lead on a loanout from Selz- nick International, Republic has bor- rowed June Storey from 20th Cen- tury-Fox for "Strongheart." Republic Takes Original Hollywood, Oct. 16. — Republic has purchased an original, "Women Make News," from Robert Andrews and signed Andrews to write the script. Sol C. Siegel will produce. New York's daily paper critics for Heart" Hal Roach feature for United Excerpts from their reviews follow: Herald Tribune — Heavily seasoned with gags and bits of comic business. . . . The clowning is generally re- freshing. Patsy Kelly contributes a racy humor. Journal American — A lightly di- verting comedy. . . . Smartly turned out, the film is a succession of gags held together by a lively plot. Mirror — Spectacular players, fresh nonsense, exhilarating bouyancy. A good comedy. The best of the Roaches, elaborately funny, generously mounted. News — Has the current audience at the Music Hall in stitches. ... A hilarious and dextrous game of toss- ing of fast quip and pulling a smart gag. Post — Good. Many lines and situ- ations creating merriment. Sun — A light-hearted affair. . . . Done on a handsome scale. . . . Af- fable, funny and deliberately trivial. World Telegram — ■ Hal Roach achieved a minor triumph. . . . Done with a great deal of sparkle and nat- uralness. ... It turns out to be first- rate entertainment. Garden Appeal in 'U' Suit Set Wednesday Right to use a corporate name with- out permission from the company in film exploitation material will be ar- gued Wednesday when the appeal of Madison Square Garden Corp. will be heard in the Appellate Division of N. Y. Supreme Court. The Garden contends that a dismissal of its in- junction suit against Universal Pic- tures Co., Inc., Big U Film Exchange, Inc., and Universal Film Exchanges, Inc., by Justice Bernard L. Shientag on June 8 was improper. The Garden brought suit in April and alleged that Universal's "Idol of the Crowds" was made to simulate scenes of hockey games at the Garden. Newsreel clips of actual league hockey games were used, and pressbooks used the Garden's name without permission, it was charged. Justice Shientag, in dismissing the suit, ruled that although use of a person's name without permis- sion was prohibited by the Civil Rights Law, a corporation does not enjoy similar protection. Schenck Notice Is Filed in U. S. Suit Joseph M. Schenck filed notice of appearance on Friday in the U. S. District Court in the Government anti- trust suit against the eight major com- panies. Dwight, Harris, Koegel & Caskey, as Mr. Schenck's attorneys, requested all further papers be served on them. Plan Three in Carolina Charlotte, N. C, Oct. 16.— The Carolina Amusement Co. has leased a building in Yanceyville for a new theatre. Construction has started on a $30,000 house in Silver City, N. C, and North Carolina Theatres, Inc., plan their third unit in Wilson, N. C. the most part found "There Goes My Artists, lively and entertaining comedy. Check Awaits Littel There's a check waiting for Arthur G. Littel at M-G-M home office. Nobody knows where Littel is. Littel, who gave his address as P. O. Box 784, Roswell, N. M., is one of the winners in M-G-M's re- cent Candid Camera Screen Forecast contest. The company's Dallas ex- change couldn't reach him at Roswell and enlisted the aid of the Roswell exhibitor, who thinks Littel is now in San Antonio. Letters mailed to him care of G. D. have gone unclaimed. Chicago Engineers Sign New Wage Pact Chicago, Oct. 16. — Theatre engi- neers have signed a new contract which calls for the same wage scale that prevailed during the summer. This was 10 per cent below the old scale. The new agreement runs until June 1, 1939. Engineers will receive back salaries for the two weeks they were on strike. At 8 Million Milton C. Weisman, as receiver of the Fox Theatre Corp., on Friday filed a report on the company as of June 30, 1938, in the U. S. District Court, and listed book value assets of $4,313,890, and liabilities of $7,615,647. Weisman's own estimation of the assets is $8,120,441, including a valua- tion of $7,500,000 at which Weisman values the company's claim against William Fox and others, but to which he had given no book value. This claim is under litigation. Assets were listed as follows : Cash on hand, $65,843 ; reserve funds, consisting of eight per cent of claims not yet passed upon or de- cided, $259,507 ; accounts receivable, $1,935; claims receivable, $8,203; in- vestments in and advances to wholly owned subsidiary companies, $342,571 ; sundry investments, $500 ; office equip- ment, $1,078 ; reorganization expenses of 1929 and 1930, $3,693,449. Liabilities were listed as $1,098,891 due to the Chicago Title & Trust Co. ; $6,428,672 for claims allowed, less an eight per cent dividend already paid, and $87,488 reserve for indeterminate liabilities on disputed claims. Associates to Meet Motion Picture Associates will hold a regular meeting at Gallagher's to- morrow. The forthcoming dinner- dance is up for discussion. First— last— and Only Advertisement ABOUT "KUTE KRIS KRINGLE" The Living-Breathing-Human 3 INCH TALL SANTA CLAUS The Most Amazing ,Box- Office Attraction Developed Since the Inception of Show Business. Due to Limited Number Available We Will Accept Contracts in Order of Re- ceipt. FIRST COME-FIRST SERVED Wire-Phone. Best thing to do, come see him yourself Yermie Stern Commercial Attractions We own the basic patents. We have NO competition. He is BEYOND THE SHADOW OF A DOUBT the greatest mag- net— the most tremendous attrac- tor of crowds in history. Kute Kris Kringle A living, breathing, human SANTA CLAUS. He stands THREE INCHES TALL in his stocking feet. He occupies a gloriously ap- pointed, brilliantly lighted, luxur- ious home, 2'/2 feet high, 3Vz feet long. He walks, he talks, he sits, he stands, he laughs, he answers all questions. He's alive — he actually breathes — and leaves your patrons breath- less ! In this little house are running electric trains, a lighted Xmas tree, a roomful of colorful toys. A REAL THRILL! AND HERE'S THE TOPPER! HE TALKS TO YOU— CARRY- ING ON A RUNNING CON- VERSATION. 1902 R.K.O. Building New York Phones: Circle 5-7135— 71 55 32 W. Randolph Street Chicago Phone: Central 8505 MOTION PICTURE DAILY Out Hollywood Way 6 "Co-Ed" with $12,000 High Denver Draw Denver, Oct. 16.— "Hold That Co- Ed," at the Denver led the town with $12,000 at the Denver, while "Boys Town" and Rich Man — Poor Girl" at the Orpheum in the second week, con- tinued to standout business, taking $10,000. The bill moved to the Broad- way for a third and possibly fourth week. Estimated takings for the week end- ing Oct. 12: "Girl's School" (Col.) ALADDIN — (1,400) (25c-40c) 7 days. Gross: $4,500. (Average, $3,500) "Valley of the Giants" ( W. B.) BROADWAY— (1,100) (25c-40c) 7 days, after a week at the Denver. Gross: $2,000. (Average, 2,500) "Campus Confessions" (Para.) DENHAM— (1,700) (25c-35c-40c) 7 days, with El Brendel's stage show. Gross: $6,000. (Average, $5,500) "Hold That Co-Ed" <20th-Fox) DENVER — (2,525) (25c-35c-50c) 7 days, with Major Bowes' unit. Gross: $12,000. (Average, $8,500) "Boy's Town" (M-G-M) "Rich Man— Poor Girl" (M-G-M) ORPHEUM— (2,600) (25c-35c-40c) 7 days. Gross: $10,000. (Average, $7,500) "Broadway Musketeers" (W. B.) "The Missing Guest" (Univ.) PARAMOUNT— (2,200) (25c-40c) 7 days. Gross: $3,000. (Average, $3,500) "Four Daughters" (F. N.) "Mr. Moto Takes a Chance" (20th-Fox) RIALTO— (878) (25c-40c) 7 days, "Four Daughters" after a week at each the Denver and Aladdin. Gross: $2,000. (Average, $2,500) "Sinners" $8,000 Indianapolis Top Indianapolis, Oct. 16. — "Sing You Sinners," with "Campus Confessions" at the Circle, did the best business here in a strong and steady week. The take was $8,000, which was $3,500 to the good, and the bill was moved to the Apollo for a second week. "Straight, Place and Show" on the screen with a vaudeville bill headed by Hugh Herbert hit $12,000 at the Lyric, $4,000 in the black. Estimated takings for the week end- ing Oct. 7 : "Valley of the Giants" (W. B.) APOLLO — (1,100) (25c-40c) 7 days. Gross: $3,500. (Average, $3,000) "Sing You Sinners" (Para.) "Campus Confessions" (Para.) CIRCLE— (2,800) (25c-40c) 7 days. Gross: $8,000. (Average, $4,500) "Too Hot To Handle" (M-G-M) LOEWS— (2,800) (25c-40c) 7 days, 2nd week. Gross: $6,000. (Average, $7,000) "Straight, Place and Show" (20th-Fox) LYRIC— (2.000) (25c-40c) 7 days. Stage: Hugh Herbert; vaudeville. Gross: $12,000. (Average, $8,000) Three Companies Formed Albany, Oct. 16. — New incorpora- tions here are : Concourse Theatre, Inc., by Myron J. Glantz, Charles Segal and Benjamin Davidson; News- casting Corp., David Rosenblum, Sadie Levick and Joseph G. Gubman ; Le- bor Corp., by Mildred Miller, Moses B. Sherr and Louis Mandel. Form Australian Firm Sydney, Sept. 26. — Major Films has been established by A. R. Har- wood, director of production for New Era Films, to market Australian made product only. Hollywood, Oct. 16. — Roger Daniel, 14-year-old Glendale high school boy, has been signed by RKO for the lead opposite Anne Shirley in "The Pure in Mind," which will be P. J. Wolfson's first production as- signment. Ann Rutherford plays in "The Ghost of Christmas Past" and Lionel Braham "The Ghost of Christmas Present" in M-G-M's "A Christmas Carol" . . . M-G-M is considering ad- dition of a new series of pictures to its two current groups — "The Hardy Family" and "Dr. Kildare." One will feature Melvyn Douglas, who will continue to portray his role of "Joel Sloane." He has been given a new term contract. M. H. Hoffman's first production assignment since joining Republic will be "Phantom of the Circus," for which Taylor Caven is doing the screenplay. Irving Cummings has temporarily re- "Safety" and Heidt Gross $17,200, K.C. Kansas City, Oct. 16. — "Safety in Numbers," with Horace Heidt and his band on the stage, turned in a smash $17,200 for the week at the Fox Tower. This was $10,200 over normal. "You Can't Take It With You" went to $14,000, $2,500 better than average. Outside competition was represented by two home games of the Kansas City-Newark baseball play- offs. The weather was extremely warm. Estimated takings for the week end- ing Oct. 5-6: "Four's a Crowd" (W. B.) "Sons of the Legion" (Para) NEWMAN— (1,900) (25c-40c) 7 days. Gross: $7,200. (Average, $7,000) "My Lucky Star" (ZOth-Fox) ESQUIRE— (800) (25c -40c) 7 days, 2nd week. Gross: $3,100. (Average, $3,500) "You Can't Take It With You" (Col.) MIDLAND— (4,000) (25c-40c) 7 days. Gross: $14,000. (Average, $11,500) "Room Service" (RKO) ORPHEUM— (1,500) (25c-40c) 7 days. Gross: $4,100. (Average, $5,000) "Safety in Numbers" (20th-Fox) FOX TOWER — (2,200) (25c-35c-55c) 7 days. Stage: Horace Heidt & his Alemite Brigadiers. Gross: $17,200. (Average, $7,000) "Letter of Introduction" (Univ.) UPTOWN— (2,000) (25c-40c) 5 days, 2nd week. Gross: $2,800. (Average, 5 days, $3,000) To Show "Back Street" Hailton, O., Oct. 16. — In honor of Fannie Hurst, who will speak be- fore the Womens' City Club here Nov. 7, the Paramount, Southio unit, will show "Back Street," which con- tains several local scenes and refer- ences. Miss Hurst was born in Hamilton. Cecelia Ball Dies Pittsburgh, Oct. 16. — Cecelia Ball, employed at the 20th-Fox exchange here, died here after a long illness. She was a sister of George Ball, booker at the same office. placed Henry King on the direction of 20th Century-Fox's "Three Mus- keteers." King has entered the Good Samaritan Hospital because of an ear infection . . . Another young skater, five-year-old Patricia Peterson, na- tive of Denmark, is seeking a chance in films . . . Robert Kent has been signed to appear opposite Anne Nagel in E. B. Derr's "Gang Bul- lets," for Monogram release. + Casting — Pauline Moore in "Three Musketeers," and Slim Summerville in "Jesse James," 20th Century-Fox . . . Paulette Goddard has been bor- rowed by Republic for "Strongheart." + Writers — Frederick Jackson has been signed by M-G-M to collaborate on a story with Laurence Stallings, and Louis Weitzenkorn is develop- ing an original at Warners, under deals arranged by Laura Wilck. "Can't Take" Big $10,500 New Haven New Haven, Oct. 16. — "Four Daughters" and "Mr. Doodle Kicks Off" took $7,500 at the Roger Sher- man, over par by $2,800, and the bill was held for a second week. At the Loew-Poli "You Can't Take It With You" grossed $10,500, top- ping average by $2,500, and joined the long line of hits which have moved to the College for a second week. "Marie Antoinette" at the College took $2,600 in its second week. Estimated takings for the week end- ing Oct. 7 : "Marie Antoinette" (M-G-M) COLLEGE— (1,499) (35c-50c) 7 days, 2nd week. Gross: $2,600. (Average, $2,800) "You Can't Take It With You" (Col.) LOEW-POLI— (3,040) (35c-50c) 7 days. Gross: $10,500. (Average, $8,000) "Army Girl" (Republic) "We're Going To Be Rich" (ZOth-Fox) PARAMOUNT— (2,348) (35c-50c) 5 days. Gross: $3,000. (Average, $4,400) "Four Daughters" (W. B.) "Mr. Doodle Kicks Off" (R-K-O) ROGER SHERMAN— (2,200) (35c-50c) 7 days. Gross: $7,500. (Average, $4,700) Plan Minneapolis House Minneapolis, Oct. 16. — Harold Field, head of Pioneer Theatres and the Midwest Recording Co., has been granted a permit for a house in St. Louis Park, village bordering on Minneapolis. It will cost $100,000 and seat 1,000. Open House Tomorrow Pittsburgh, Oct. 16. — Warners opened their newest house in the Pitts- burgh zone, the State at State College, Pa., on Saturday night. It is a 1,500- seat theatre, and gives Warners three situations in the college town, the others being the Cathaum and the Nittany. Restrain Theatre Lease Frankfort, Ky., Oct. 16. — A tem- porary order restraining an Odd Fel- lows lodge from leasing the Strand in Shelbyville was upheld by the State Court of Appeals. The original order was obtained by the Schwartz Amuse- ment Co. and J. J. Schwartz. Monday, October 17, 1938 "Straight" Is High Draw in Detroit Week Detroit, Oct. 16. — "Straight, Place and Show," on a dual with "City Streets," took $4,500 at the Adams^or the best comparative take. Reissu "Cavalcade," aided by Ethel Shutta on the stage, drew $13,000 against a $20,- 000 average. "Boys Town," in its third week at the United Artists, did $6,000. Estimated takings for the week end- ing Oct. 7 : "Straight, Place and Show" (20th-Fox) "City Streets" (Col.) ADAMS— (1,770) (10c-40c) 7 days. Gross: $4,500. (Average, $5,000) "Cavalcade" (20th-Fox) (Reissue) FOX— (5,000) (15c-65c) 7 days, reissue. Gross: $18,000 (Average, $20,000) Stage, Ethel Shutta. "Four Daughters" (W.B.) "The Divorce of Lady X" (U.A.) MICHIGAN — (4,000) (15c-65c) 7 days. Gross: $11,000. (Average, $15,000) "The Texans" (Para.) "King of Alcatraz" (Para.) PALMS-STATE— (3,000) (10c-50c) 7 days. Gross: $5,200. (Average, $5,000) "Boys Town" (M-G-M) UNITED ARTISTS — (2,000) (15c-50c) 7 days, 3rd week. Gross: $6,000. (Average, $10,000) "Can't Take" Is Pittsburgh's Best Pittsburgh, Oct. 16. — It was all "You Can't Take It With You" last week, the Alvin running way ahead of the rest of the town at $16,500. The picture was held a second week. "Boys Town" finished very strong at the Warner, doing $7,900 in its third downtown week. Estimated takings for the week end- ing Oct. 6 : "You Can't Take It With You" (Col.) ALVIN— (1,850) (25c-50c) 7 days. Gross: $16,500. (Average, $6,500) "Hold That Co-ed" (ZOth-Fox) FULTON— (1,750) (25c-40c) 7 days. Gross: $5,100. (Average, $4,500) "Algiers" (U. A.) PENN— (3,300) (25c-50c) 7 days. Gross: $11,500. (Average, $11,000) "Three Loves Has Nancy" (M-G-M) STANLEY— (3,600) (25c-60c) 7 days. Stage: Chester Morris, Lou Breese's band, 6 Antaleks, Nancy Healy. 3 Sophisticates. Gross: $13,750. (Average, $18,000) "Boys Town" (M-G-M) WARNER— (2,000) (25c-50c) 7 days, 3rd week. Gross: $7,900. (Average, $5,000) Griffith Considers Employes' Pensions Oklahoma City, Oct. 16. — Griffith Amusement Co., partners and stock- holders, are considering a pension re- tirement fund for 700 Griffith circuit employes to supplement the Federal Social Security plan. As proposed the plan would cost the employe three to four per cent of his salary and the company would also contribute. If adopted, the plan will apply only to those employes of the Griffith organization 30 years of age or over. The pension fund would be handled bv a legal reserve insurance company in the form of retirement in- come policies. The 700 Griffith employes now have $1,250,000 worth of insurance in force in the form of life, and sick and acci- dent insurance. The employes also participate in an employes'_ benefit trust fund for hospitalization and medical care. MOTION PICTURE DAILY Monday, October 17. 1938 Expect Report To Ask Ending Of Superpower Washington, Oct. 16. — Rumors that the three-man committee which some weeks ago held hearings on re- -~=^al of W. L. W.'s super-power per- mit was preparing a report recom- mending revocation, today threatened to precipitate another "incident" in the stormy Federal Communications Com- mission. That a report is in course of prepar- ation was admitted but members of the commission said it was not yet ready for consideration. However, it was rumored, revocation of the super- power experimental permit will be rec- ommended on the ground, among others, that in view of the Senate's expression that power in excess of 50 kilowatts was not in the public inter- est, it would be unfair to permit one station to use high power unless others could be given the same privilege. Other grounds for the reported de- cision were said to be the fact that smaller independent stations were seri- ously jeopardized by W. L. W., whose programs were receivable over the greater portion of the country, and the welfare of the broadcasting industry as a whole and the interests of the listen- ing public demanded that protection be granted the regional and local stations which are threatened. Such a report, it is said, will not be palatable to Chairman Frank R. Mc- Xinch and certain other members of the F. C. C, who unsuccessfully sought to prevent the holding of the hearings, an understanding that any action taken by the commission against super-power would not apply to W. L. W. is said to have facilitated pas- sage of the Senate resolution. Two Station Permits Are Sought from FCC Washington, Oct. 16. — Applica- tions for authority to construct two new broadcasting stations have been received by the Federal Communica- tions Commission. The St. Lawrence Broadcasting Corp., the commission reported, has filed application for a 1,310-kilocycle station at Ogdensburg, N. Y., to oper- ate with 100 watts power night, 250 watts day ; and the Grand Traverse Broadcasting Co. has filed application for a 1,370-kilocycle station at Tra- verse City, Mich., also with 100 watts night, 250 watts day. Other applications received included those of WBEO, Marquette. Mich., for increase of day powder from 100 to 250 watts, and WHLS, Port Huron, Mich., for extension of time from day to unlimited with 100 watts power night, 250 watts day. Hooper Expands Reports Reports on radio listening, compiled by Clark Hooper, Inc., have been ex- panded to increase the size of the audience sample on individual pro- grams, per reported hour, from 4,000 to a maximum of 24.000 on day pro- grams and from 1,600 to a maximum of 4,800 on night shows. The reports will show program results for large and small cities, separately and com- bined. The World Listens Once again the greatest first night in radio, the pre- miere of the NBC symphony orchestra under Arturo Tos- canini, an event which trans- cends everything and any- thing in the worlds of music and radio, came to pass Sat- urday night. The guest list of those who were on hand to welcome the maestro reads like a "Who's Who" of theatrical, social, music, and business life. A partial list of attendants in- cludes Mme. Lotte Lehman, John Barbirolli, Mrs. Otto Kahn, Grover Whalen, Gio- vanni Martinelli, Neville Mil- ler, Efram Zimbalist, Richard C. Patterson, assistant Sec- retary of Commerce; Alfred J. McCosker, David Bern- stein, Loew's vice-president, and Mrs. Bernstein; David Sarnoff. Mr. and Mrs. Will Hays, Mr. and Mrs. Ogden Reid, Mr. and Mrs. Arthur Hays Sulzberger, Merlin H. Aylesworth, J. Cheever Cow- din. Muzak Advertising Division Is Formed Muzak, Warner controlled company which pipes recorded music over tele- phone lines to home, restaurant and bar and grill clients, has formed a new commercial division to sell advertising, calling it Muzak Sponsored Program Service. Advertising will be sold only to firms making products that can be purchased in dining and drinking establishments, and the copy will be broadcast only over a special wire serving Muzak clients of that nature. Muzak itself will not be commercial- ized, according to the company, which states there will be no sponsorship of the musical portion of the entertain- ment. Transradio News Service has -been signed by Muzak to provide it with news service. The contract is for three five-minute news periods a day, a sports news program at 6 P. M., and news flashes provided throughout the day as the news occurs. The ser- vice will be rendered from 11 :30 A. M. to 2 :30 the following mornings. Deny Series Will End A report that the Woodbury Play- house series, which features Charles Boyer, would be replaced with another series was officially denied at the agency handling the program, Lennen & Mitchell. It was said there that Boyer was signed until the end of the year and that the program would con- tinue at least until the year's close. The companion Woodbury show, fea- turing Walter Winchell, will continue. Guests on Goodman Show R. J. Reynolds Co.. sponsoring the Benny Goodman broadcasts for Camel cigarettes over CBS. will revise the show to include weeklv appearances of stage, screen and radio guest talent. The program has featured Goodman's swing music only. The William Esty agency is now lining up the guest talent. ► Radio Personals i THE Eddie Duchin band will be eight years old this week. . . . Script writer George Lowther of the "Dick Tracy" and "Terry and the Pirates" programs off on a 10-day hunting trip with William Kunz, Chase National Bank vice-president. . . . Jack Negley of WINS now at the Roxy for a week. . . . Rosalind Russell and James Stewart have been booked for leads in "Silver Theatre" Oct. 23. . . . Charley Godwin, Charles Singer, John Morse, Ed Franke and Ray O'Neill almost were blown up when they were caught too near an exploding oil tank while covering the Linden fire for Mutual. . . . WOR- Mutual has hired WMCA's large show studio for presentation of the new Mennen show, "People's Rally," because the WOR-Mutual Playhouse is in use Sundav afternoons. + John McMillin, radio director for the Compton agency, will return to New York today after spending a week with Procter & Gamble officials in Cincinnati regarding the radio pro- grams produced for P & G by Comp- ton. RCA-Philco Case Is Delayed for Appeal Wilmington, Oct. 16. — Chancellor Josiah O. Wolcott in Chancery Court here ordered that proceedings for roy- alty accountings in the suit and cross suit of Philadelphia Storage Battery Co., parent firm of Philco Radio and Television Corp., against RCA will be stayed pending determination of an ap- peal, if an appeal is taken by RCA to the State Supreme Court within 30 days. Order in which the provision was made was in conformity with an opinion given by the chancellor some time ago in litigation in which he en- joined RCA from terminating a licens- ing agreement with P. S. B. on radio patents held by RCA and dismissed the RCA suit for the right to termi- nate the agreement. Develop Radio Finder A new radio direction finder for air- planes has been developed by the Sperry Gyroscope Co. in collaboration with RCA. The new direction finder operates automatically and continu- ously when once tuned to a radio sta- tion and continues to give bearings up to the point of passing over a station, thus eliminating the cones of silence on radio airway beams. Coughlin on Air Nov. 6 Father Charles E. Coughlin will re- turn to the air Nov. 6, after being away from the microphone for some time. A 44-station network, especially designed, will carry the radio priest's talks. Locallv, the talks will be heard over WHN. The talks will be for an hour instead of a half-hour as in the past. Bannvart Joins Biow E. J. Bannvart has been appointed vice-president of the Biow Co. in charge of new business. He was for- merly with Blackett-Sample-Hum- mert. RADIO anner LINES EDDIE CANTOR phoned Major Bowes' Bessie Mack from Holly- wood after the Major's last pro- gram and asked that Mort Rappe, a young alto tenor who sang on the amateur hour, be advised that Eddie wants him for an appearance on his own program when he brings his troupe to New York next month. T The opening commercial on the Tuesday night Camel program advises listeners to light up with a Camel be- cause they're soothing to the nerves. Follows immediately after the blar- ing swing of Benny Goodman's band, which is hardly soothing music. T Parks Johnson, the "Vox Popper," was besought by one of those who crowd about his microphone to put him on the air, which Parks did. After the program, the stranger gave Parks a sealed envelope, with instructions it not be opened until the following day. Parks, the next day, found a $10 bill in the envelope with a note saying the money was in appreciation for allowing the giver to go on the air. Parks has turned it over to charity. T Frank Parker, who finished his three-guest appearances on the Burns and Allen program last Friday, has been re-signed for 26 weeks of regu-' lar appearances on the show starting some time in January. He'll go to the coast to appear in the series. ▼ Ben Bernie tried to buy a puppy police dog from an itinerant street per- former near the CBS building the other night, but a no sale resulted. The pup was being put through a clever routine for pennies from the crowd when the old maestro happened along. Attracted to the dog, Ben of- fered to buy it, but the owner wouldn't sell. T Bernice Judas. manager of WNEW, will co-manage WINS for Milton Biow if the F.C.C. approves BiowJs purchase of the station. — Jack Banner Move Radford to CBL Vancouver, B. C, Oct. 16. — After more than five years as station man- ager of CBR here, Jack Radford has been transferred to CBL Toronto, where he will be responsible for pro- duction of programs for the eastern and coast-to-coast network. Air News Censored Paris, Oct. 16.— The French Government has established censorship over news broad- casts issued over the 11 largest privately owned sta- tions in the nation. The order covers news broadcasts of political, economic and financial matters. The sta- tions now will be required to submit to the government daily the full text of all news talks for aporoval before they are broadcast. BOXOFFICES SWAM PE D AS 'SUEZ' HITS 207% PACE OPENING DAY ROXY, N.Y. THE KEYSTONE OF YOUR FUTURE Alert. Intelligent to the Picture Industry OO fsiOT rfm^w MOTION PICTURE DAILY First in Accu and Impartial m . 44. NO. 76 NEW YORK, TUESDAY, OCTOBER 18, 1938 TEN CENTS NBC Blue Net Starts Drive For Business Nelson Develops Plan to Give Bonus Hookups NBC's long awaited move to pro- mote business interest in its NBC Blue network was started yesterday at a special trade meeting yesterday in the offices of A. E. Nelson, recently brought in from Pittsburgh as Blue network sales manager. Chief features brought out at the meeting were the result of a nation- wide rural survey by Jack Green of NBC, showing the Blue in favorable light as a listening medium, and a new sales setup for the Blue whereby espe- cially constructed hookups will be (Continued on page 14) Kane Will Make 12 To Cost 4 Million London, Oct. 17. — Twentieth Cen- tury-Fox will produce 12 pictures here under the supervision of Robert T. Kane, in charge of British production, at an estimated cost of $4,000,000. While they are planned for the Eng- lish market, at least five will be made for possible release in the United States. The films scheduled include "Keep Smiling," already completed and shown to the trade here last week ; "Sally of the Shipyards," with Gracie Fields ; "Frenchy," with Annabella ; a second untitled vehicle for Anna- bella; "So This Is London," "Hand- ley Cross," "Hangman's House," "The Dancers." Eiseman to Manage UA New York Branch Pittsburgh, Oct. 17. — Clarence Eiseman, United Artists exchange manager here for the the past three years, has been named manager of the company's New York exchange, where he will take the post left vacant some time ago by the resignation of Charles Rosenzweig. Abe Weiner, Boston salesman, has been named to succeed Eiseman here. Eiseman came here from Atlanta to replace Bert Steam when the latter was promoted to district manager with headquarters in Cleveland. More Radio— P. 14 Two All-Night Shows For the first time in years Broadway has all-night film shows — not one, but two. "Dark Rapture," which opened a week ago Saturday at the Globe, stayed open all night Saturday for the first time, closing at 6 A. M. Sun- day and reopening 2 P. M. be- cause of a Sunday law. Since then the shows have been continuous. "Dracula" and "Franken- stein" opened at the Rialto yesterday morning and will stay on a 24-hour basis as long as business holds up. Casey Arrives for Musicians' Talks Pat Casey, producers' labor repre- sentative, arrived in New York yes- terday from the coast to sit in at the conferences between company heads and the American Federation of Mu- sicians Thursday on proposals for increasing employment of musicians in theatres. Casey may also open nego- tiations with the newsreel camera- men's union on a new two-year con- tract on behalf of the newsreels dur- ing his stay here. Joseph N. Weber, president of the American Federation of Musicians, is reported to have several proposals for increasing employment opportuni- ties for musicians in theatres to sub- mit to heads of the five companies with theatre affiliates. Representatives of Loew's, Paramount, RKO, 20th Century-Fox and Warners will attend the meeting. Casey plans to leave for the coast as soon as the conferences are concluded. TRADE READY FOR SELF - REGULATION Temperature and Grosses Soar in Broadway's Heat A record high temperature of 87 degrees yesterday sent crowds to Broadway first runs. All managers reported business excellent. Air con- ditioning systems, which had been cir- culating warmer air since the cool spell, were turned on for cool air. "Suez" looks like the leader, the Roxy attraction appearing to head for a $64,000 gross for the week, after taking $36,038 from opening Friday through Sunday. At 5 P. M. yester- day it was predicted the day's take would reach $9,000, making $45,000 for the four days. Yesterday's busi- ness was 25 per cent better than Fri- day. Attendance for the four days was over 87,000. This beats every- thing the Roxy has played under its present policy except "Alexander's Ragtime Band." "The Sisters" set a weekend record at the Strand, a gross of $31,000 being reported. The film is in for a three- week run. Horace Heidt and his band are the stage show headliners. Extra shows were added Saturday and Sun- day midnight, with the house grinding to 4 A. M. "If I Were King" continues at a strong pace at the Paramount, with $25,000 in the till for Friday, Saturday (Continued on page 2) Schaefer 's Entry Into RKO Now Up to Irving Trust Co. Irving Trust Company, trustee of RKO, may induct George J. Schaefer, immediately to direct- RKO operations. This possibility is to be taken up at a meeting of creditors, today, and which will be attended by the trustee's representatives. It is up to the trus- tee. Under such a move, it is assumed that Schaefer will take charge of RKO, as representing the trustee. Presumably, he will ascend to the presidency of the_ company, upon the firm's reorganization. It is the hope of creditors that this may be soon and that Federal Judge William O. Bondy will not wait until Oct. 25, date of the next hearing on confirmation of the pending plan of reorganization, but file his approval and confirmation of the plan, this week. Neither creditors nor the trus- tee are desirous of causing any hiatus in the operations of RKO, now that Leo Spitz, president of the firm, is de- termined to retire, notwithstanding the insistence of interested parties to have him continue. Mr. Spitz will retire and become special counsel to the company. The M. J. Meehan people were most anxious for Spitz to stay. Additionally, the trustee is im- pressed by the fact that at the recom- mendation of Leo Spitz, there is a unanimous creditor sentiment favor- ing Mr. Schaefer as his successor. Gradwell Sears, Warner Sales Chief, on Distrib- utor Committee Allied States and M.P.T.O.A. have designated their negotiating commit- tees and have begun the drafting of their individual trade practice pro- posals which each will submit to the distributors' committee in separate meetings at the Union League Club tomorrow. Gradwell L. Sears, president of Vitagraph and general sales manager of Warner Bros., was named yester- day to the distributors' negotiating committee. This committee comprises Sidney R. Kent, (20th), honorary chairman ; William F. Rodgers (MGM), chairman; Ned E. Depinet (RKO) and A. Montague (Col). Nicholas M. Schenck (MGM) and Leo Spitz (RKO) are alternate hon- orary chairmen. Meet First with MPTOA The M.P.T.O.A. committee will open the negotiations with a morning meeting at 10 :00 o'clock tomorrow, which will be followed by an initial session with Allied in the afternoon. A negotiating committee of 10 was designated yesterday by M.P.T.O.A. Members are Ed Kuykendall, O. C. Lam, M. C. Moore, Mack Jackson, Ed Levy, Arthur Lockwood, Charles E. Williams, H. V. Harvey, Lewen Pizor and Sam Pinanski. This committee, in a three-hour ses- sion at M.P.T.O.A. New York head- quarters yesterday, outlined the organ- ization's policy and began the drafting of the trade practice program which (Continued on page 5) Labor Trouble Again Faces Mexican Trade By JAMES LOCKHART Mexico City, Oct. 17. — Labor trouble again is disturbing the Mexi- can industry. The Workers' Federa- tion has demanded the employment of more of its members in studios. Both the producers and studio workers' or- ganization are opposed to the demand. The Government is making every ef- fort to settle the controversy before it disrupts the industry. Only recently a jurisdictional fight between film unions was settled after it had caused the suspension of all Mexican production. At that time it was believed the settlement had es- tablished permanent labor peace in the Mexican industry. Tuesday, October 18, 1938 MOTION PICTURE DAILY Tentative Program Of MPTO Meet Set Insiders' Outlook Oklahoma City, Oct. 17. — Tenta- tive outline of the program for the national M. P. T. O. A. convention to be held here Oct. 30 through Nov. 2, have been disclosed by Morris Loew- enstein, general convention chairman. The first day, Sunday, will be fea- tured by the president's evening re- ception at the Biltmore Hotel. Enter- tainment will be furnished. At noon Monday, Tuesday and Wednesday, delegates will have luncheon in the Biltmore Hotel, the price for which will be included in the $10 registration fee for delegates at- tending. Monday night a stag party will be held. Monday night the ladies will be entertained by a harp and string orchestra and floor show, prob- ably at the Oklahoma City Golf and Country Club. Monday afternoon the ladies will be entertained at a luncheon and an automobile tour of the city. Wednesday night will be featured by the grand finale, the Movie Ball, which will be open to the public. Mu- sic will be furnished by Allen Clark's WKY orchestra. Industry to Honor Ickes at Luncheon Hollywood, Oct. 17. — An informal luncheon will be tendered Secretary of the Interior Harold Ickes by the in- dustry Wednesday at the 20th Cen- tury-Fox studio cafe. In the committee in charge of ar- rangements are Darryl F. Zanuck, W. S. Van Dyke, Donald Ogden Stewart, Dudley Nichols, Ralph Mor- gan, Jerome Kern and Philip Dunne. Ask Du World Testimony Suit for $3,000 against Du World Pictures, Inc., was revealed in the N. Y. Supreme Court yesterday when So- ciete Agatos, S. A., filed application for an examination before trial of Arthur A. Mayers, president of Du World. Plaintiff contends that the defend- ant breached a contract made on March IS, 1935, whereby the defend- ant allegedly agreed to sell and dis- tribute a film, "Sans Famille," and to remit 65 per cent of the gross to the plaintiff. The plaintiff claims that $3,000 under the contract is due to it. Erickson to Coast Clarence Erickson, treasurer for Walter Wanger Productions, left yes- terday for the coast after two weeks here putting the finishing touches on the $1,500,000 financing of the Wanger company. MITCHELL MAY, Jr. CO., INC. • INSURANCE Specializing in requirements of the Motion Picture Industry 75 Maiden Lane, New York 510 W. 6th St. Los Angeles HOW much do top execu- tives of film companies spend for luncheons? The answer was supplied Saturday at the seven-hour session of the Hays office directors, which was broken by a luncheon at 1 o'clock. Trays laden with food Were sent up by relays from a restaurant on the second floor of the building. There were 14 attending the meeting and 15 luncheons were ordered. The ringer was Carl Milliken. The check came to $40.05. Added to it was a $4 tip for two waiters. ▼ T William F. Rodgers, M-G-M general sales manager, told trade paper reporters in Chicago Satur- day, en route here, that the din- ner in Minneapolis for Edward A. Golden, Monogram vice-presi- dent, was very enjoyable, and praised Al Steffes for the manner in which it was staged. T ▼ In his recent publicity tour of several cities on behalf of Hal Roach's film, "There Goes My Heart," Alan Mowbray, besides making personal appearances at HARRY GLICKMAN, president of Mecca Film Laboratories, is recuperating from an operation at Sydenham Hospital, 123rd St. and Manhattan Ave., where he is expected to remain another two weeks. • Rudy and Mrs. Stravitz of the Colonial, Monroe, N. Y., were visitors at the U.A. exchange yesterday. An- other visitor to that office was Ben Knobel of the circuit bearing his name. • Louise Campbell, who recently fin- ished in "Men with Wings" for Para- mount, will arrive tomorrow morning on the Twentieth Century for a vaca- tion. • Harry Browning of the M. & P. circuit was in town yesterday for con- ferences at Paramount. He flew back to Boston last night. • John T. Holmes, new president of the Warner Club, will be guest of honor at a dinner at the Hotel Dorset Friday night. Charles Stern, U.A. district man- ager, returned to his desk yesterday following a tour of branches in the surrounding territory. • Joseph N. Weber, American Fed- eration of Musicians president, is ex- pected in New York from Houston to- morrow. • Monroe Greenthal left for Chi- cago yesterday to handle the advance campaign on "Drums." • Tom Gorman is now in Chicago. theatres and being formally adopted a citizen in these towns, experienced other adventures. Among these were receiving a pipe purchased with pennies con- tributed by school children ; lunch at the home of a local newspaper editor ; and being the guest of honor at a square dance. Now Mowbray is going on another tour to absorb some more of this. His friends say he likes it and that Mowbray, who is a British subject, believes such trips, under proper handling, could do much to foster good will for the studios. T T John Maxwell's court action against Ostrers of Gaumont British has been settled out of court. Scheduled for hearing to- day, the case involved alleged misrepresentation charged by Maxwell in connection with the purchase of shares in Metropolis & Bradford Trust, G. B. holding company. Maxwell claimed to have been led to believe that he could acquire control of G. B. through the purchase, but later was unable to buy the holdings of either 20th Centurv-Fox or M-G-M. KARL MacDONALD, Warner su- pervisor in Latin America, is on his way to Cuba, Puerto Rico, Trini- dad, Venezuela and Jamaica. He is making the trip by air. • W. Ray Johnston, Monogram president, was detained on the coast by business and may not return to New York until the end of the month. • E. V. Richards, Saenger circuit head, left for New Orleans over the weekend after a brief visit at the Para- mount home office. • Gail Patrick and her husband, Robert Cobb are due in New York today. They plan a New England vacation trip. • Joseph M. Schenck, 20th Century- Fox chairman of the board, expects to remain here another week or 10 days. • Carl Leserman, Warners assistant general sales manager, has returned from the coast. • James R. Grainger, Republic presi- dent, has returned from an extended business trip. Frank C. Walker has returned from a three weeks' visit to Butte, Mont. • Harry M. Warner plans to leave for the coast next Sunday. • Al Lichtman left for the coast last night. Otto Kruger is booked to sail on the Queen Mary tomorrow. Temperature and Grosses Soar in Broadway's Heat (Continued from page 1) and Sunday. The film will enter a fourth week tomorrow. Universal's "horror" combination -c "Dracula" and "Frankenstein" y1 terday gave the Rialto its biggest opening since the first Louis-Schmel- ing fight pictures three years ago. The theatre expects a record take and a two-week run. "The Last Express," which preceded the current attraction, grossed $7,100 in the week. "The Mad Miss Manton" will go into the Music Hall Thursday, fol- lowing a one-week run of "There Goes My Heart." "Marie Antoinette" to- day enters its 10th week at the Astor as a two-a-day roadshow, and tickets are being sold two weeks in advance. "Dark Rapture" will start a third week at the Globe Saturday, while the Capitol will have a new film, "Stablemates," opening Thursday, fol- lowing a three-week run of "Too Hot to Handle." "Service De Luxe" will start Saturday at the Rivoli, and "Girls on Probation" goes into the Criterion Thursday. Freeman to Chicago On Trust Suit Talk Y. Frank Freeman, Paramount vice- president and theatre head, went to Chicago yesterday for conferences with B. & K. officials and counsel on the anti-trust action filed in Federal court there by independent exhibitors and developments in connection with a possible out-of-court settlement of the action. Freeman is expected back in New York Thursday. Para. Men Off to Studio Barney Balaban, Paramount presi- dent; Stanton Griffis, chairman of the executive committee ; Neil Agnew, vice-president and distribution head, and Russell Holman, eastern story and talent head, left for the studio by train yesterday. They will remain there about two weeks setting plans for pro- ductions to go into work during the next three months. MOTION PICTURE DAILY (.Registered V. S. Patent Office) MARTIN QUIGLEY, Editor-in-Chief and Publisher; SAM SHAIN. Editor; JAMES A. CRON, Advertising Manager. Published daily except Saturday, Sunday and holidays by Quigley Publishing Company, Inc., Martin Quigley, president; Colvin Brown, vice-president and treasurer. Publication office: 1270 Sixth Avenue at Rockefeller Center, New York. Telephone: Circle 7-3100. Cable address: "Quigpubco, New York." All contents copyrighted 1938 by Quigley Publishing Company, Inc. Ad- dress all correspondence to the New York office. Other Quigley publications: Motion Picture Herald, Better Theatres, Teatro al Dia, International Motion Picture Almanac and Fame. B UREAUS : — Hollywood : Postal Union Life Building, Vine and Yucca Sts.; Boone Mancall, manager; William R. Weaver, editor. Chicago: 624 S. Michigan Ave., C. B. O'Neill, manager, London: 4 Golden Square. W. 1 : cable address. Quigpubco, London ; Hope Williams, manager. Entered as second class matter Sept. 23, 1938, at the post office at New York, N. Y.. under the act of March 3, 1879. Subscription rates per year $6 in the Americas and $12 foreign. Single copiei 10c. 4 Purely Personal ► TURN PLEASE — ARAMOUNT'S ALL TECHNICOLOR CAVALCADE OF AVIATION "MEN MmWINCX" MOTION PICTURE DAILY By J. M. JERAULD Tuesday, October 18, 1938 Trade Bodies Ready to Meet On Regulation (Continued from page 1) it will present to the distributors' com- aaiitee for negotiation. The program _p3ased on the M.P.T.O.A. 10-point trade practice plan developed two years ago. The committee's work, yesterday and today, is to put this program into contract phraseology which will be both specific and binding if and when the program is put into effect. After a seven-hour session of Al- lied's national board at the Warwick yesterday, Nathan Yamins, president, announced that a five-man committee had been appointed. With Col. H. A. Cole of Dallas as chairman, the com- mittee consists of W. A. Steffes of Minneapolis, Ray Branch of Michigan, Sidney Samuelson of New Jersey, and Yamins. Abram F. Myers, board chairman and general counsel, will sit in with the group as counsel. Herman Blum of Baltimore and M. A. Rosen- berg of Pittsburgh were named al- ternates. Allied Board Members Listed The complete list of those attending the board meeting follows : Abram F. Myers, chairman of the board and gen- eral counsel ; Nathan Yamins, presi- dent ; Herman Blum, national treasur- er ; Arthur K. Howard, recording sec- retary ; Irving Dollinger, Sidney Sam- uelson, Jacob Unger, Lee Newbury, representing New Jersey ; Max A. Cohen, Harry G. Kosch, counsel, and E. Thornton Kelly, representing New York ; Jack Kirsch, president, Illinois unit ; W. A. Steffes and Ben Ashe, Allied of Northwest ; E. Harold Stoneman, Max L. Levenson, Inde- pendent Exhibitors of Massachusetts ; Maurice Schulman, Connecticut. Also, Col. H. A. Cole, Texas ; Ray Branch, Michigan ; Fred Herrington, Pittsburgh ; E. F. Maertz, I. T. P. A. of Wisconsin and Upper Michigan ; Samuel Soltz, W. H. Whittle, Arthur B. Price, all representing M. P. T. O. of Maryland ; P. J. Wood and Martin Smith, I. T. O. of Ohio; Ernest Schwartz, president, Cleveland Motion Picture Exhibitors Association ; V. U. Young and I. R. Holycross, A. T. O. of Indiana. To Report at Atlantic City A report on the negotiations is scheduled to be given to the directors at a meeting Thursday morning in Atlantic City, in conjunction with the annual convention of Allied of New Jersey. Yamins and Myers will address the convention Thursday. New York and New Jersey delegations will leave for the convention today. The M.P.T.O.A. committee will re- sume its own meeting at 11 :00 today. It is acting for the West Virginia Managers Association, an unaffiliated regional organization, as well as for M.P.T.O.A. The committee is prepared to ask for action on an unconditional mini- mum rejection privilege on all group film buys ; removal of score charges ; relief from arbitrary designation of an excessive number of preferred play dates ; relief from short subject "forc- ing;" simplification of the exhibition Glendon Allvine's socalled "excur- sion into the lives of Gilbert and Sul- livan" seems destined to become a joy- ride into a box-office hit at the 51st Street Theatre, where it opened last night. It also has the necessary ingre- dients for a musical film, if the world copyright problem can be surmounted. It has sparkling lines, and the music is a source of surprise. For Gilbert and Sullivan enthusiasts the play fur- nishes an opportunity for them to re- Retrial Is Asked on Georgia "Gang" Suit Atlanta, Oct. 17. — Judge Vivian L. Stanley, chairman of the Georgia Prison and Parole Commission, is ask- ing a retrial of the $100,000 libel suit against Warners which he lost by a jury verdict in Fulton Superior Court here last week. The suit arose from Warners' pro- duction of "I Am a Fugitive From a Chain Gang," in which Judge Stanley claimed he was- ridiculed. The defense contends that since Judge Stanley later was reelected at an increase in salary he could not prove injury. A second action against the film company and the Lucas & Jenkins circuit may be dropped. Chicago Laboratory To Sign with Guild Chicago Film Laboratory, Inc., com- mercial film producer, has agreed to enter into a contract with the Screen Actors Guild, Florence Marston, east- ern head of the guild, reported yester- day after weekend conferences in Chicago. The pact will be forwarded to Chicago immediately for signing, leaving only one other producer of consequence there. Atlas Films, not yet signed up with the guild. Mrs. Marston was the guild's dele- gate to the A. F. of L. convention at Houston last week. Kaliski Leaves G. B. Pittsburg, Oct. 17. — Joseph Kaliski, head of the G. B. exchange here for only three months, has resigned to handle distribution of "Birth of a Baby" in Virginia. No successor has been named yet. Ostrer Case Up Thursday London, Oct. 17. — Action of Law- rence Howard, story agent, against the Ostrer Brothers, heads of Gaumont British, involving a commission claim, is scheduled to come up on Thursday. license agreement ; establishment of local conciliation boards ; eventual cor- rection of unfair clearance between theatres ; relief from overbuying to deprive competitive theatres of pro- duct ; relief from unfair cut-rate com- petition between theatres ; relief from non-theatrical competition, including radio, and relief from designation of unsuitable pictures for Saturday and Sunday exhibition. Rodgers has called a conference with trade paper reporters for 11 o'clock today to discuss developments thus far on the distributors' side. discover their old favorites ; for those who know Gilbert and Sullivan only by name, some of the numbers seem startlingly modern. They were re- ceived with plenty of enthusiasm last night. The cast has some well known film as well stage names, Nigel Bruce, John Moore, Natalie Hall, Reginald Bach, Robert Chisholm and others. Laurence Schwab and Oscar Hammer- stein are the producers. More Pledges in for Greatest Year Drive Pledges from independent exhibi- tors for the Motion Pictures' Greatest Year campaign are still being received, headquarters of the drive reported yes- terday. During the past week, 67 pledges from theatres seating 150 to 1,500 were sent in, bringing the total of theatres enrolled in the drive to more than 7,000. Harold B. Franklin, campaign busi- ness manager, credits the continuing entries to the increase in the number of releases of contest pictures available to subsequent runs. Campaign headquarters reported yesterday that the title of the all- industry short subject being produced for the campaign has been changed from "The World Is Yours" to "The World Is Ours." The second trailer for the exploita- tion of the drive will be distributed this week, National Screen Service said yesterday. Lew Lehr of Movie- tone News is the narrator. Reject Para. News Terms Members of the Newspaper Guild unit at Paramount News rejected a counter proposal offered by the man- agement at a meeting held yesterday and requested a resumption of negotia- tions "within 48 hours." Negotiations were begun Aug. 11. George A. Barry and Albert J. Richard are acting for Paramount and Ed Schneider, Jack Ryan and Moe Ushevitz are acting for the union. To Start Ascap Appeals Herman Finkelstein of Schwartz & Frohlich, Ascap counsel, left for Washington yesterday to make prepa- rations for the organization's pending U. S. Supreme Court appeals on anti- Ascap legislation in Florida and Washington. He is expected back in New York within the next few days. Rose Reilly Passes Rose Reilly, eastern correspondent for Popular Photoc/raphy, and wife of William J. Reilly, advertising manager of Cine Mundial, died yesterday at the Beth David Hospital of pneumonia. Services will be held today at the Universal Funeral Chapel, 52nd St. and Lexington Ave., at 2 P. M. Hold Rites for Levy Kansas City, Oct. 17. — Funeral services were held here today for Joe Levy, veteran film salesman and head of Special Attractions, who died Friday. 5 Horror Dual Revival Sets Frisco Mark San Francisco, Oct. 17. — "Dra- cula" and "Frankenstein" hit a new record at the Orpheum with $15,500. This was in the face of a general pickup in first runs and strong com- petitive attractions. "Boys Town" took $19,500 in a sec- ond week at the Fox and was moved to the St. Francis for a third week. "Drums" held up to $8,200 in its third week at the United Artists. Estimated takings for the week end- ing Oct. 11-14: "Room Service" (RKO) GOLDEN GATE— (2,850) (3Sc-40c-55c) 7 days, 2nd week. Stage: vaudeville. Gross: $12,500. (Average, $16,000) "Drums" (U. A.) UNITED ARTISTS— (1,200) (15c-35c-55c- 65c) 7 days, 3rd week. Gross: $8,200. (Av- erage, $7,000) "Dracula" (Univ.) "Frankenstein" (Univ.) ORPHEUM— (2,440) (15c-35c-40c-55c) 7 days. Gross: $15,500. (Average, $8,500) "Straight, Place and Show" (ZOth-Fox) PARAMOUNT— (2,740) (15c,-35c-40c-55c- 75c) 7 days, 2nd week. Gross: $10,500. (Average, $13,000) "Boys Town" (M-G-M) "Vacation from Love" (M-G-M) FOX— (5,000) (15c-35c-40c-55c-75c) 7 days, 2nd week. Gross: $19,500. (Average, $17,- 000) "Too Hot to Handle" (M-G-M) ST. FRANCIS— (1,400) (15c-35c-40c-55c- 75c) 7 days, 3rd week (moved over from Warfield). Gross: $5,800. (Average, $7,000) "Garden of the Moon" (W. B.) "Campus Confessions" (Para.) WARFIELD— (2,680) (15c-35c-40c-55c-75c) 7 days. Gross: $13,500. (Average, 13,000) "Life & Loves of Beethoven" (World) CLAY— (400) (15c-35c-40c) 7 days, 3rd week. Gross: $750. (Average, 1,300) Ad Film Firms Pool Campaigns on Output Theatres served by eight companies producing and distributing advertising films have been pooled in the forma- tion of the Association of Advertising Film Companies. The arrangement makes theatres available for manufacturer-sponsored cooperative ad film campaigns, re- gardless of which of the associated companies first arranges the campaign, and assures the maximum possible dis- play for such campaigns, according to association officials. I. A. Anderson of Tad Screen Ad- vertising, Dallas, is temporary secre- tary of the association's council. The other companies included are Alex- ander Film Co., United Film Ad Serv- ice, Motion Picture Advertising Serv- ice, Inc., of Cleveland and New Or- leans, RayrBell Films, Al M. Smitl Film Service and A. V. Cauger Serv> ice, Inc. The Alexander Film Co. says it has nearly 8,000 theatres under agreement in the United States and more than 2,000 in foreign countries. The com- pany has renewed its agreement with the Cocalis circuit of 25 houses in New York and New Jersey. Mule Team Arrives Here "The Arkansas Traveler" mule team driven by Bill Lankford and managed by Charles Moosian arrived yesterday after an eight-week jaunt from Little Rock via Washington. They will head for Boston tomor- row. "SUEZ" COMES TO BROADWAY Experienced in handling tremendous crowds, New York's 5886-seat Roxy Theatre keeps on call extra ushers, cash- iers, doormen for emergencies. But even the Roxy 's elaborate plans were inadequate when the 20th Century-Fox hit "SUEZ" had its world premiere run there. Usually, four boxoffices are sufficient for the biggest attractions. But with "SUEZ," even the Roxy 's full battery of six boxoffices (largest in the world) was not enough. Of interest to all showmen, these scenes show how the Roxy's augmented staff operates when a smash brings thousands storming the doors. "Another day like this and I'll be positively exhausted!" — Cashier No. 2, Olive Kniffen. "Did yOU ever see so may people in all your born life?" — Cashier No. 3, Marguerite Hutcheon. "I must have sold millions of tickets today." — Cashier No. 4, Lily Webster. "NOW I knOW what it will be like when theWorld's Fair opens!" — CashierNo.5,Elmina Rain water "JUSt lOOk at them! Simply swarming in!" — Cashier No. 6, Erma Hatt. CONTINUED ON NEXT PAGE The Waiting line a half-hour before the New York Roxy doors opened. 3,089 people stretched along 50th Street a quarter of a mile. CrOWdS Strain against the tape. Doormen W. G. Smith, Fred Fanning, Ralph Miller need all their strength. 3 Thousands pour through boxoffices and descend upon ticket- takers Jack Brodsky, William Moclair, George Mills, Albert Rubenstein. 4 (left) Every One of the Roxy's 5886 seats is filled and more than 500, under Capt. Walter Darrah's watchful eye, wait in the rotunda, (right) Waiting line breaks through, fills huge Roxy rotunda. Hundreds stand in back of orchestra hopefully waiting for a seat. They are lucky. This, their fifth wait, is their last Treasurer Frank E. Muldoon, guarded by Police- Q Armored car from U. S. Trucking Corp. picks up cash for deposit man James Cummings, with drawn gun, takes " in the Chase National Bank, cash from boxoffices to theatre vault. 10 MOTION PICTURE DAILY "Take It" in Seattle Again Leads Parade Seattle, Oct. 17. — "You Can't Take It With You" topped the town in its second week at the Liberty, with $10,- 300, more than double average. "Too Hot to Handle" was strong at the Fifth Avenue, and "Boys Town" con- tinued to do well in the second week at the Blue Mouse. The weather was rainy and cooler. Estimated takings for the week end- ing Oct. 14: "Boys Town" (M-G-M) BLUE MOUSE — (950) (30c-40c-55c) 7 days. 2nd week, extended run from Fifth Avenue. Gross: $4,800. (Average, $4,000) "Too Hot to Handle" (M-G-M) FIFTH AVENUE— (2,500) (30c-40c-55c) 7 days. Gross: $8,250. (Average, $7,000) "You Can't Take It With You" (Col.) LIBERTY— (1,800) (20c -30c -40c -55c) 7 days. 2nd week. Gross: $10,300. (Average, $5,000) "Marie Antoinette" (M-G-M) MUSIC BOX — (950) (30c-40c-55c) 7 days. 4th week, extended run from Fifth Avenue. Gross: $3,100. (Average, $4,000) "Garden of the Moon" (F.N.) "Blockheads" (M-G-M) ORPHEUM — (2,450) (30c-40c) 7 days. Gross: $5,200. (Average, $6,000) "Affairs of Annabelle" (RKO) "Mr. Moto Takes a Chance" (20th-Fox) P ALOMAR — (1 ,500) (15c-25c-35c) 7 days. Vaudeville headed by Johnny Hyraan. Gross: $4,300. (Average, $4,500) "Straight, Place and Show" (20th-Fox) "Crime Ring" (RKO) PARAMOUNT— (3,050) (30c-40c) 7 days. Gross: $6,150. (Average, $6,000) Hollywood Preview "Annabel Takes a Tour" (RKO) Hollywood, Oct. 17. — "Annabel Takes a Tour" maintains the bizarre amusement character established by "The Affairs of Annabel." It fea- tures the same leading players, Jack Oakie, Lucille Ball, Bradley Page and Ruth Donnelly. Capable performances by Ralph Forbes, Frances Mercer, Alice White, Jean Rouveral, Pepito, Chester Clute, Donald MacBride and Edward Gargan also add much to the show's entertain- ment merit. To bolster her sagging prestige and incidentally choke off the rapidly rising Frances Mercer, film actress, Miss Ball embarks upon a personal appearance tour after insisting that Oakie be reinstated as her publicity director. Her experiences under Oakie's guidance are generally em- barassing to her, but provide continuing laughter for audiences. As the papers are full of news about Miss Mercer and her romance with a foreign nobleman, she demands that Oakie also find her a titled foreigner. Then what has started out as a dual publicity gag for her and writer Ralph Forbes, assumes a threatening aspect when Miss Ball takes her romance seriously. Plenty of publicity accrues to the stunt, but when Forbes' wife, Alice White, shows up with their family, the star is anxious to get out of the whole mess and return to Hollywood. The picture moves speedily. The dialogue and situations provided for the principals generate planty of laughter and carry the assurance that comedy fans should find plenty to amuse them in the picture. Bert Granet and Olive Cooper wrote the original screenplay which i Lew Landers directed. Running time, 60 minutes. "G." G. McC. New York Preview 'Broadway Musketeers' ( Warners) The "Three Musketeers" theme is here translated to New York, the musketeers are three girls and their adventures involve an unsuccessful marriage, murder, the abduction of a child and woman to cover the murder, and a plot solution via suicide and a gang-police battle. It is a trifle too melodramatic for the family trade. Margaret Lindsay, Ann Sheridan and Marie Wilson are the three girls, with Dick Purcell, Richard Bond and John Litel in chief support and Janet Chapman as the child of the unhappy marriage. John Farrow, director, obtained the maximum of melodrama from the material at hand, an original screenplay by Don Ryan and Kenneth Garnet. Miss Lindsay's marriage to a wealthy broker, Litel, fails when she becomes too interested in Bond, who turns out to be a gambler. Her two friends try to help, but are unable to patch things up. Miss Sheri- dan marries Litel after the divorce, and Miss Lindsay, not permitted to see the child, is led a sorry life with her gambler husband. When he is killed for welching on a bet, Miss Lindsay and the child, who is with her, are taken as hostages by the murderers. The suicide of Miss Lind- say and a running fight with police lead to the rescue of the child. Running; time, 63 minutes. "A." Charles S. Aaronson "Certain Age" Top Draw at Oklahoma Oklahoma City, Oct. 17. — "That Certain Age" was a bright spot in a quiet week among first runs here. It pulled $5,400 at the Criterion. "Four Daughters" went into the profit column on a take of $4,600 at the Midwest and a combination of "Give Me a Sailor" and "Painted Desert" gave the Liberty $1,800 in four days. "Personal Secretary" and "Safety in Number," for the last three days at this house, took a weak $600. Estimated takings for the week end- ing Oct. 12-13: "That Certain Age" (Univ.) CRITERION— (1,500) (25c-35c-40c) 7 days. Gross: $5,400. (Average, $5,200) "Give Me A Sailor" (Para.) "Painted Desert" (RKO) ' LIBERTY— (1,200) (20c-25c) 4 days. Gross: $1,800. (Average, $1,800) "Personal Secretary" (Univ.) "Safety In Numbers" (20th-Fox) LIBERTY— (1,200) (20c-25c) 3 days. Gross: $600. (Average, $700) "Four Daughters" (W.B.) MIDWEST— 1,500) (25c-35c-40c) 7 days. Gross: $4,600. (Average, $4,500) "Crime Takas A Holiday" (Col.) "Flight To Fame" (Col.) STATE— (1,100) (20c-25c) 7 days. Gross: S2,000. (Average, $2,500) "Mother Carey's Chickens" (RKO) TOWER— (1,000) (25c-35c) 4 days. Gross: $1,000. (Average, $2,500) "Cowboy from Brooklyn" (W.B.) TOWER— (1,000) (25c-35c) 3 days. Gross: 5500. Gibbs G. N. Manager New Haven, Oct. 17. — Harry Gibbs i- the new Connecticut exchange man- ager for Grand National, with I. H. Levine as salesman. Gibbs is well known here. For the past six years he has operated an independent exchange. The Connecticut Atlantic Pictures franchise will be handled by John Ric- ciuti. Nine New Pictures Approved by Legion The National Legion of Decency has approved all nine new pictures classified for the current week, five for general patronage and four for adults. None were classified as objectionable. The new films and their classification follow. Class A-l, Unobjectionable for Gen- eral Patronage — "Arkansas Traveler," "Down in Arkansaw," "Liebe in % Takt" (German), "Prairie Moon," "There Goes My Heart." Class A-2, Unobjectionable for Adults — "Come le Folie" (French), "King of Alca- traz," "Personal Secretary," "Young Doctor Kildare." Loew-Ellis Action May Be Tried Soon Emil K. Ellis, chief counsel for the nine plaintiffs in the consolidated stockholders' suit against Loew execu- tives, is preparing to bring his case to trial late in November or early De- cember. These proceedings will pre- cede the action filed in Wilmington by two stockholders. Depositions have been taken from 18 Loew executives and directors to date, with others to be examined. Ellis questioned Judge John R. Hazel of Buffalo, William A. Parker and Charles C. Moskowitz, all directors, Friday. Moskowitz will complete his testimony today. Tuesday, October 18, 1938 "Boys" Is High In Cincinnati With $8,300 Cincinnati, Oct. 17. — "Boys Town" was good for a smash $8,300 on^L move-over stanza at the RKO Catjffi tol. It held over. A personal appear^ ance and talk by Father Flanagan, founder of Boys Town, at the RKO Albee during the initial week of the run helped the picture tremendously. "Too Hot to Handle" went $350 over par on a $3,100 take on its third downtown week at the 1,200-seat RKO Grand. Estimated takings for the week end- ing Oct. 13: "Youth Takes a Fling" (Univ.) RKO ALBEE— (3,300) (35c-42c) 7 days. Gross: $9,000. (Average, $12,000) "Room Service" (RKO) RKO PALACE— (2,700) (35c-42c) 7 days. Gross: $9,000. (Average, $10,000) "You Can't Take It With You" (Col.) RKO SHUBERT— (2,150) (35c-40c-55c) 7 days, 2nd week. Gross: $12,000. (Average, $12,000) "Boys Town" (M-G-M) RKO CAPITOL— (2,000) (35c-42c) 7 days, 2nd downtown week. Gross: $8,300. (Aver- age, $6,500) "Booloo" (Para.) "Always in Trouble" (20th-Fox) RKO LYRIC— (1,400) (35c-42c) 7 days. Gross: $2,700. (Average, $6,500) "Too Hot to Handle" (M-G-M) RKO GRAND— (1,200) (25c-40c) 7 days, 3rd downtown week. Gross: $3,100. (Average, S2.750) "10th Avenue Kid" (Republic) (4 days) "Romance of the Limberlost" (Monogram) (3 days) RKO FAMILY—(1,000) (15c-25c). Gross: $2,300. (Average, $2,450) "I Am the Law" (Col.) KEITH'S— (1,500) (30c-40c) 7 days. Gross: $6,600. (Average, $6,500) Schine Adds Three Delaware Theatres The Schine Circuit, which recent- ly took over the Plaza in Milford, Del., has added three more, the Fed- eral at Federalsburg, Avalon at Easton and Arcade at Salisbury, all in southern Delaware. Roger W. Christopher, W. Lee Insley and Ed- ward C. Evans, managing the Federal, Arcade and Plaza, respectively, will get posts with the Schine Circuit. George Norman has opened the Vista, $45,000 house in Storm Lake, la. Joe Gerbrach has opened the new Varsity in Ames, la. Forrest Leggate have bought the Royal in Dayton, la., and will remodel the house. Oklahoma City supply houses re- port considerable activity in remodel- ing and the purchase of new equip- ment in the territory. Speedy Moulder is remodeling the Criterion at Sapul- pa, Okla. Griffith Amusement Co. will open the Cherokee in Enid soon. Strieker and Jones are remodeling the Harmony in Sand Springs, Okla. W. P. Kerr has remodeled the Rain- bow at Sulphur, Okla. Lucas & Jenkins plan a $225,000 house in Augusta, Ga. Tom Miller has opened the Emory in Atlanta. E. J. Sparks circuit plans a 1,200-seat house in Ft. Lauderdale, Fla., to cost $225,000. T. C. Hester is building a new house at Wake Forest, N. C, J. A. Reynolds is soon to open his fourth at Shelby, N. C, and A. Fuller Sams, Jr., is building his third at Statesville, N. C. Palmetto Theatre Co. plans a theatre at Columbia, S. C. KING OF FILMS EASTMAN Super X Panchromatic Negative reigns supreme. . . . Not by virtue of fine grain alone. . . . Not by virtue of speed alone. . . . But by a combination of those qualities with that prime requisite of the fine motion picture, superb and dependable photo- graphic quality. Eastman Kodak Company, Rochester, N. Y. (J. E. Brulatour, Inc., Dis- tributors, Fort Lee, Chicago, Hollywood.) EASTMAN SUPER V PANCHROMATIC NEGATIVE x Oi OS ca 03 4 h. CO ca «¥ CA) © © o as J* 8-8 as 45 § CO TTj ca •»»» p Pull ^ ca r SP PQ O w» fig H 03 O « .£« «S 'S 2 ** a So s.^ b § 3 A xn S3 d ^4 At 3 bo ■g, *-• g a I o big surprise of the week was the rush business at the Palms-State, $8,500, with a revival of "Dracula" and "Frankenstein." Estimated takings for the week end- ing Oct. 14: "Hoosier Schoolboy" (Monogram) "Mr. Wong, Detective" (Monogram) ADAMS — (1,770) (10c-40e) 7 days. Gross: $4,400. (Average, $4,000) "Five of a Kind" (2»th-Fox) FOX— (5,100) (15c-65c) 7 days. Stage: Phil Spitalny and Hour of Charm Girls. Gross: $23,000. (Average, $20,000) "Algiers" (U. A.) "Touchdown Army" (Para.) MICHIGAN— (4,100) (15c-65c) 7 days. Gross: $16,000. (Average, $16,000) "Frankenstein" (Univ.) "Dracula" (Univ.) PALMS-STATE— (3,000) (10c-50c) 7 days, revival. Gross: $8,500. (Average, $5,000) "Too Hot to Handle" (M-G-M) UNITED ARTISTS— (2,070) (15c-50c) 7 days. Gross: $10,500. (Average, $10,000) "Spawn" Montreal Hit; Gets $11,000 Montreal, Oct. 18. — "Spawn of the North" at the Capitol grabbed top honors with a take of $11,000. Cana- dian Thanksgiving Day, a national holiday, made business even better than on Labor Day. "Marie Antoinette" continued for a third week at the Palace with a take of $9,000. "Give Me a Sailor," eight vaudeville acts, grossed $12,000 at Loew's. Estimated takings for the week end- ing Oct. 15 : "Spawn of the North" (Para.) CAPITOL— (2,547) (25c-40c-55c-65c) 7 days. Gross: $11,000. (Average, $9,500) "Damaged Goods" (G. N.) HIS MAJESTY'S— (1,584) (25c-34c-50c) 7 days. Gross: $6,000. (Average, $6,000) "Give Me a Sailor" (Para.) LOEW'S— (2,800) (25c-40c-50c) 7 days. Stage: Eight vaudeville acts. Gross: $12,000. (Average, $8,000) "Breaking the Ice" (RICO) "Fugitives for a Night" (RKO) ORPHEUM— (919) (25c-35c-50c) 7 days. Gross: $6,000. (Average, $5,000) "Marie Antoinette" (M-G-M) PALACE— (2,600) (25c-40c-55c-65c) 7 days, 3rd week. Gross: $9,000. (Average, $11,000) "I Am the Law" (Col.) "City Streets" (Col.) PRINCESS— (2,272) (25c-35c-50c-65c) 7 days. Gross: $7,500. (Average, $7,000) Make Film of "Mamlock" Friedrich Wolfe's play, "Professor Mamlock," concerning Jewish persecu- tion by the Nazis, which played Broadway last season, has been pro- duced as a Russian film, and will be released by Amkino in the United States soon. Dyckhoff Joins Compton Felix B. Dyckhoff, who resigned from the Compton agency a year ago to become assistant to George Wash- ington Hill, Jr. of the American Tobacco Co., will rejoin Compton as an account executive starting today. Out Hollywood Way Hollywood, Oct. 18. — Less than 24 hours after the preview of "Brother Rat," Hal B. Wallis took up the option on the services of Eddie Albert, who appeared in the film in the same role that he had in the New York stage production. His next will be "The Poor Nut." After viewing rushes of "Three Musketeers" Darryl Zanuck in- creased the budget to $1,000,000 . . . Universal has signed John Burke and James Monaco, song writers for Bing Crosby's vehicles, to write songs for "Three's Company," the one picture Crosby will make this year for that studio . . . Barbara Stanwyck will play the leading feminine role in Paramount's "Union Pacific." "Katherine the Last" has gone into production at M-G-M with Franciska Gaal and Franchot Tone in the leads, and Walter Connolly, Rita Johnson, Reginald Gardiner and Franklin Pangborn supporting. Norman Taurog is directing and Harry Rapf, producing . . . Para- mount has signed Barry McKay, young English leading man, to a term contract. His first will be "I'm From Missouri" . . . Pat O'Brien and Wayne Morris will be co-starred in "The Roaring Road," automobile rac- ing story at Warners. Casting — Fay Wray in "Spy Ring," featuring Ralph Bellamy, Columbia . . . Henry Travers and Dorothy Peterson in "Dark Victory," War- ners . . . Clarence Kolb, Virginia Weidler, Luis Alberni, Elizabeth Risdon, Jonathan Hale and J. W. Kerrigan in "A Great Man Votes," RKO . . . Ward Bond, Fred Kohler, Sr., Paul Guilfoyle, Leona Roberts and Olin Howland, in "Saints With- out Wings," RKO . . . Binnie .Barnes, Joseph Schildkraut, "Too Hot" $10,500 Draw at New Haven New Haven, Oct. 18. — "Too Hot to Handle," on a dual with "The Gladiator," packed the Loew-Poli throughout the week and rolled up a $10,500 take. The bill was moved to the College for a second week. "You Can't Take It with You" took a big $4,200 in its second week at the College. Estimated takings for the week end- ing Oct. 14 : "You Can't Take It With You" (Col.) COLLEGE— (1,499) (35c-50c) 7 days, 2nd week. Gross: $4,200. (Average, $2,800) "Too Hot to Handle" (M-G-M) "Gladiator" (Col.) LOEW-POLI— (3,040) (35c-50c) 7 days. Gross: $10,500. (Average, $8,000) "Touchdown Army" (Para.) "Men Are Such Fools" (W. B.) PARAMOUNT— (2,348) (35c-50c) 8 days. Gross: $5,000. (Average, $4,400) "Four Daughters" (W. B.) "Mr. Doodle Kicks Off" (RKO) ROGER SHERMAN— (2,200) (35c-50c) 7 days, 2nd week. Gross: $4,100. (Average, $4,700) Dortic Is G. N. Manager Pittsburgh, Oct. 18. ■ — Charles Dortic, salesman, has been named Grand National branch manager, here, succeeding Jules Lapidus. Max Shul- gold has joined the sales staff. George Barbier, Eugene Pallette, in "Wife, Husband and Friend," 20th Century-Fox . . . Fay Shain in "Ghost Town Riders," Bob Baker western at Universal . . . Alice Brady in "It's Spring Again," Roach . . . Sidney Blackmer, Ralph Morgan and Victor Kilian in "Strongheart," Republic. + Contracts — Republic has given a term contract to Charles Hogg, 15- year-old Philadelphia singer, and he will make his debut in "Strongheart." + Title Changes — RKO has changed the title of "The Pure in Mind," to "Saints Without Wings," and "Love Match" to "Love Affair".. . . "A Bundle of Joy," Jones Family picture at 2.0th Century-Fox, is now "Every- body's Baby." + Directors — Paramount has assigned Alexander Hall to direct "The "Lady's from Kentucky," and Raoul Walsh for "Air Raid." Washington Takes Fall Into Decline Washington, Oct. 18. — Grosses went into the doldrums last week with the return of warm weather and the presence of two holdovers. The hold- overs, "You Can't Take It With You," in its second week at Warners' Down- town, and "Marie Antoinette," in its fourth week at Loew's Columbia, were the only attractions to get into the profit column. Estimated takings, exclusive of tax, for the week ending Oct. 13 : "Straight, Place and Show" (20th-Fox) LOEW'S CAPITOL— (3,434) (25c-65c) 7 days. Stage: Eddie Garr, Fred Sanborn & Chester Hale Girls. Gross: $15,000. (Aver- age, $16,500) "Marie Antoinette" (M-G-M) LOEW'S COLUMBIA— (1,243) (25c-40c) 7 days, 4th week. Gross: $4,500. (Average, $4,200) "Spawn of the North" (Para.) LOEW'S PALACE— (2,370) (25c-55c) 7 days. Gross: $11,000. (Average, $11,500) "Youth Takes a Fling" (Univ.) RKO -KEITH'S — (1,836) (25c-40c) 7 days. Gross: $6,500. (Average, $10,000) "You Can't Take It With You" (Col.) WARNERS' EARLE— (2,218) (25c-66c) 7 days. Stage: Lucy Monroe and Roxyettes. Gross: $18,500. (Average, $16,000) "Four Daughters" (W. B.) WARNERS' METROPOLITAN— (1,591) (25c-40c) 7 days. Gross: $4,000. (Average, $4,000) Warners and L. & J. Sign Warners have closed a deal with the Lucas & Jenkins circuit for the Warner-First National-Cosmopolitan lineup. Ben Kalmenson, western and southern sales manager ; Fred Jack, southern district manager, and Ralph McCoy, branch manager, acted for Warners, and William Jenkins signed for the circuit. Midwest Promotes Goetz Cincinnati, Oct. 18. — Joe Goetz, manager of the RKO Paramount and Orpheum, has been named assistant division manager of RKO Midwest under Arthur M. Frudenfeld here. The two houses will be managed by M. J. Kavanaugh, formerly with United Artists. 'Secretary" Band $12,600 K.C. Grosser Kansas City, Oct. 18. — "Personal Secretary," with Glen Gray and his orchestra heading a stage show, set a fast pace for first runs during the week by taking $12,600 at the Fox Tower. "Stablemates" and "Vacation from Love" went into the profit column in a big way on a $13,400 gross at the Midland. Estimated takings for the week end- ing Oct. 12-13 : "Straight, Place and Show" (20th-Fox) ESQUIRE— (800) (25c-40c) 6 days. Gross: $2,000. (Average, 6 days, $3,200) "Valley of the Giants" (W. B.) "Touchdown Army" (Para.) NEWMAN— (1,900) (25c-40c) 7 days. Gross: $6,400. (Average, $7,000) "Straight, Place and Show" (2ttth-Fox) UPTOWN— (2,000) (25c-40c) 6 days. Gross: $3,200. (Average, 6 days, $3,400) "Stablemates" (M-G-M) "Vacation From Love" (M-G-M) MIDLAND— (4,000) (25c-40c) 7 days. Gross: $13,400. (Average, $11,500) "Garden of the Moon" (W. B.) "Secrets of An Actress" (W. B.) ORPHEUM— (1,500) (25c-40c) 7 days. Gross: $3,600. (Average, $4,000) "Personal Secretary" (Univ.) FOX TOWER— (2,200) (25c-35c-55c) 7 days. Stage: Glen Gray & his Casa Loma Orchestra, featuring Kenny Sargent, "Pee Wee" Hunt, and Sunny Dunham. Gross: $12,600. (Average, $7,000) "Campus" and Show $8,600, Milwaukee Milwaukee, Oct. 18. — Top money went to Fox's Palace, where Veloz and Yolanda on the stage and "Cam- pus Confessions" on the screen col- lected $8,600. "Room Service" and the "Broadway Musketeers" grossed $7,500 at the Warner, while "Juvenile Court" and the Chester Hale Girls were good for $5,800 at the Riverside. Estimated takings for the week end- ing Oct. 13: "Campus Confessions" (Para.) PALACE— (2,400) (35c-50c) 7 days. Stage: Veloz & Yolanda. Gross: $8,600. (Average, $5,000) _ "Juvenile Court" (Col.) RIVERSIDE— (2,300) (25c-30c) 7 days. Stage: Chester Hale Girls and acts. Gross: $5,800. (Average, $5,000) "Boys Town" (M-G-M) "Speed to Burn" (20th-Fox) STRAND— (1,400) (35c-50c) 7 days, 4th week. Gross: $4,000. (Average, $4,500) "Too Hct to Handle" (M-G-M) "The Chaser" (M-G-M) WISCONSIN— (3,200) (35c-50c) 7 days, 2nd week. Gross: $8,000. (Average, $8,000) "Room Service" (RKO) "Broadway Musketeers" (W. B.) WARNER— (2,400) (35c-50c) 7 days. Gross: $7,500. (Average, $5,000) Auer Assigned "Orphans" Hollywood, Oct. 18. — John H. Auer replaced Irving Pichel on the direc- tion of "Orphans of the Street" at Republic today as a result of a dis- agreement with Herman Scholm, as- sociate producer, on the story after three clays of shooting. Start Youngstown House Youngstown, O., Oct. 18. — Con- struction has been started here on a $100,000 neighborhood house to be operated by the Foster Amusement Co. MOTION PICTURE DAILY Wednesday, October 19, 1938 99 Certain Age Philadelphia $17,000 Draw Philadelphia, Oct. 18. — Ella Fitz- gerald, the "tisket-tasket" girl, plus Chick Webb and a revue at the Earle, hiked business to a profitable $24,000. The picture was "Campus Confes- sions." Abandoning its short-lived stage policy, the Fox went back to straight picture fare and found a winner in "That Certain Age," which clicked at $17,000 and rated a second week. "Sta- blemates" at the Stanley took $15,000. Estimated takings for the week end- ing Oct. 14: "Drums" (U. A.) ALDINE— (1,300) (40c-55c-65c-75c) 7 days. Gross: $11,000. (Average, $8,160) ' Valley of the Giants" W. B.) (2nd run) ARCADIA— (600) (25c-40c-55c) 4 days. Gross: $650. "Sign of the Cross" (revival) 3 days. Gross: $900. (Average, 7 days, $2,800) "Marie Antoinette" (M-G-M) BOYD— (2,400) (40c-55c-65c) 7 days, 3rd week. Gross: $12,000. (Average, $14,000) "Campus Confessions" (Para.) EARLE— (2,000) (25c-40c-S5c) 6 days. Stage: Chick Webb and Ella Fitzgerald. Gross: $24,000. (Average, $14,000) "That Certain Age" (Univ.) FOX— (3,000) (40c-55c-65c-75c) 7 days. Gross: $17,000. (Average, $14,000) "Too Hot to Handle" (M-G-M) (2nd run) KARLTON— (1,000) (25c-40c-55c) 7 days. Gross: $3,500. (Average, $4,000) "Hold That Co-ed" (2ftth-Fox) (2nd run) KEITH'S— (2,000) (25c-40c-55c) 7 days. Gross: $3,100. (Average, $4,000) "Stablemates" (M-G-M) STANLEY— (3,700) (40c-55c-65c) 7 days. Gross: $15,000. (Average, $14,000) "King of Alcatraz" (Para.) STANTON— (1,700) (25c-40c-55c) 7 days. Gross: $4,000. (Average, $7,000) "Boys Town" Gets $22,000, Buffalo Buffalo, Oct. 18. — "Boys Town" turned out to be a sensation at the Buffalo. The $22,000 gross was nearly double normal for the house. In- the face of this competition "Four's a Crowd" and "Safety in Numbers" at the Hippodrome and "You Can't Take It With You" at the Lafayette were unusually strong. The newly dedicated Civic Stadium was a competitor when Colgate and Duke drew 25,000 customers at their annual football match. Estimated takings for the week end- ing Oct. 15 : "Boys Town" (M-G-M) BUFFALO — (3,000) (30c-55c) 7 days. (Held over.) Gross: $22,000. (Average, $12,000) "Algiers" (U.A.) GREAT LAKES— (3,000) (30c-50c) 7 days. Gross: $8,000. (Average, $7,500) "Four's a Crowd*' (W.B.) "Safety in Numbers" (20th-Fox) HIPPODROME— (2,500) (25c-40c) 7 days. Gross: $7,300. (Average, $6,800) "Touchdown Army"- (Para.) "Smashing the Rackets" (RKO) CENTURY— (3,000) (25c) 7 days. Gross: $7,000. (Average, $6,000) "You Can't Take It With You" (Col.) LAFAYETTE — (3,300) (25c-35c-50c) 7 days. 2nd week. Held over. Gross : $16,000. (Average, $6,3C0) RKO Changes Two Titles Hollywood changed two Oct. 18.— RKO has more titles. "Saints Without Wings" is the final title of "The Pure in Mind" and "Love Af- fair" is the new designation for "Love Match." Hollywood Preview "Inside Story" (20th Century-Fox) Hollywood, Oct. 18. — Third in the "Roving Reporters" series of 20th Century-Fox, "Inside Story" tells of the further adventures of "Barney Callahan," reporter, and "Snapper Doolan," newspaper photographer, played, respectively, by Michael Whalen and Chick Chandler. It is a story of big city newspaper life, adapted to screen fare as a crime melodrama. The feminine lead, that of a girl caught in the meshes of a "clip joint" owner who desires her out of the way because she has witnessed a murder, is played by Jean Rogers, of whose screen possibilities the studio thinks much. Others in the cast are Douglas Fowley, John King, Jane Darwell, June Gale, Spencer Charters, Theodore von Eltz, Cliff Clark, Charles D. Brown, Charles Lane, Jan Duggan, Louise Carter and Bert Roach. Jerry Cady, former Los Angeles newspaperman, wrote the screenplay from a story by Ben Ames Williams. This marks Ricardo Cortez' first directorial effort. Howard Green was associate producer. Exploitation angles can be derived from the story. Whalen, suddenly given a columnist assignment, writes in a drunken moment one offering an old fashioned Christmas holiday on a farm to "the loneliest girl in New York." The girl, found by the publisher, turns out to be a hostess in a "clip joint," and has sought the holiday in an effort to hide out. Whalen smooths everything out by discovering the body of the victim and nabbing the killer. Running time, 60 minutes. "G." Vance King "I Stand Accused" (Republic) Hollywood, Oct. 18. — A sound story and good acting which features Robert Cummings, Helen Mack, Thomas Beck, Lyle Talbot, Robert Middlemass, Gordon Jones and Leona Roberts are the elements estab- lishing "I Stand Accused," a melodrama, as substantial entertainment. It has been brought to the screen by Producer-Director John H. Auer in a fashion that takes full advantage of Gordon Kahn's realistic screen- play. It held preview audience attention. Cummings and Beck, law school graduates, go into partnership. The former aspires to quick money, but Kent will not defend clients whose guilt is obvious. After marrying Miss Mack, Cummings goes on to notoriety and fortune as the kid mouthpiece of a slot machine racketeer, Middlemass, and his trigger man, Talbot. Kent swings over to the district attorney's side. Cummings' connections with the racketeers im- plicate him in their crimes. Realizing the error of his ways after Talbot has killed Middlemass, Cummings furnishes Kent with evidence that will convict the killer. When the latter destroys this to save his old chum from complicity in the many crimes his clients have committed, Cum- mings takes the stand to give convicting oral testimony. Upon his regeneration, the partnership, as well as romance with his wife, Miss Mack, is resumed under happier auspices. Running time, 60 minutes. "G." G. McC. "Listen, Darling" (M-G-M) Hollywood, Oct. 18. — Done in the casual manner lately found effec- tive for films of domestic appeal, "Listen, Darling" is a light and fre- quently laughable story about two youngsters who try to settle a widow's economic and emotional problems for her. Judy Garland and Freddie Bartholomew are the youngsters chiefly concerned, with nine-year-old Scotty Beckett furnishing a more forthright brand of humor. Mary Astor is the widow and Walter Pidgeon the man she marries after Alan Hale, the children's choice, fixes things for everybody. The screenplay by Elaine Ryan and Anne Morrison Chapin from a story by Katherine Brush starts off with Miss Astor, Miss Garland's mother, on the verge of marrying the local (small town) banker for economic security. Bartholomew, Miss Garland's boy friend, traps the widow in a trailer and drives off to find a more suitable suitor. Pidgeon, another trailerite, turns out to be he. Amusing incidents occur mean- while. Miss Garland sings three songs, two of them new, "On the Bumpy Road to Love," already a radio favorite, and "Ten Pins In the Sky," quite likely to be one. Best comedy sequences are the one in which Bartholomew cross-examines Pidgeon as to the state of his fortune and life insurance and another in which Beckett learns that a skunk is not a striped beaver. The picture was produced by Jack Cummings and directed by Edwin L. Marin. Running time, 70 minutes. "G." Roscoe Williams "Boys Town" Tops Boston In 2nd Week Boston, Oct. 18.— "Boys Town," with the "The Lady Objects," ^-'t lowed a record-breaking first weel^]j> Loew's State and Loew's Orpheum by leading the town with its second week at the sister houses. The bill 1 drew $23,000 at the Orpheum and $15,000 at the State. Another holdover, "Four Daugh- ters" and "Campus Confessions," which went into the Paramount and Fenway after a Metropolitan booking, were runners-up for the week. The bill collected $9,000 at the Paramount and $5,000 at the Fenway. Estimated takings for the week end- ing Oct. 15 : "Four Daughters" (W. B.) "Campus Confessions" (Para.) FENWAY— (1,382) (25c-30c-40c-55c) 7 days, 3rd week. Gross: $5,000. (Average, $4,500) "Boys Town" (M-G-M) "Lady Objects" (Col.) LOEW'S ORPHEUM — (2,907) (25c-35c- 40c-55c) 2nd week. Gross: $23,000. (Aver- age, $12,000) "Boys Town" (M-G-M) "Lady Objects" (Col.) LOEW'S STATE— (3,537) (25c-30c-40c- 55c) 2nd week. Gross: $15,000. (Average, S11.CO0) "Straight, Place and Show" (20th-Fox) "Broadway Musketeers" (W. B.) METROPOLITAN— (4,332) (25c-30c-40c- 55c) 7 days. Gross: $12,000. (Average, $11,- 000) "Four Daughters" (W. B.) "Campus Confessions" (Para.) PARAMOUNT— (2,097) (25c-30c-40c-55c) 7 days, 3rd week. Gross: $9,000. (Average, $8,000) "Hold That Co-Ed" (20th-Fox) "Breaking the Ice" (RKO) RKO MEMORIAL— (2.709) (25c-40c-55c) 6 days. Gross: $11,000. (Average, $10,000)- ii Too Hot" Takes Twin Cities' Top Minneapolis, Oct. 18.— "Too Hot to Handle" at the State was the best draw with $11,000. It was held a second week. "Boys Town," at the Century after a week at the State, grossed $7,200. It has been held for another week. Estimated takings for the week end- ing Oct. 13 : Minneapolis: "Boys Town" (M-G-M) CENTURY— (1,600) (25c-40c) 7 days, 2nd week. Gross: $7,200. (Average, $4,000) "Room Service" (RKO) ORPHEUM— (2,900) (25c-40c) 7 days. Gross: $4,800. (Average, $4,800) "Too Hot to Handle" (M-G-M) STATE-(2,300) (25c -40c) 7 days. Gross: $11,000. (Average, $4,000) "Return of the Scarlet Pimpernel" (U. A.) WORLD— (400) (25c-5Sc) 7 days. Gross: $1,000. (Average, $1,600) St. Paul: "Room Service" (RKO) ORPHEUM— (2,000) (25c-40c) 7 days. Gross: $2,300. (Average, $3,200) "Boys Town" (M-G-M) "Too Hot to Handle" (M-G-M) PARAMOUNT— (2,500) (25c-40c) "Boys Town" 5 days of second week, "Hot" 2 days. Gross: $5,500. (Average, $4,400) "Vacation from Love" (M-G-M) RIVIERA-(1,000) (25c) 7 days. Gross: $1,600. (Average, $2,400) "Touchdown Army" (Para.) "Fugitives for a Night" (RKO) TOWER— (1,000) (25c) 7 days. Gross: $2,100. (Average, $1,600) "Club des Femmes" WORLD— (400) (25c-35c) 7 days. Gross: $1,100. (Average, $1,600) MOTION PICTURE DAILY The Newsreel Parade Wednesday, October 19, 1938 SMPE Session At Detroit to Start Oct. 31 Thirty technical papers, including 'ral on television, will feature the sfWRual fall convention of the Society of Motion Picture Engineers, at the Hotel Statler, Detroit, from Oct. 31 s to Nov. 2. Sound recording and re- production, studio lighting, theatre practice and other subjects will be treated. Dr. Herbert T. Kalmus, pres- ident of Technicolor, will talk on "Technicolor Adventures in Cinema- land." Results of the election of officers for 1939 will be announced on the opening day. Nominees are E. A. Williford, president ; N. Levinson, executive vice- president ; A. S. Dickinson, financial vice-president ; J. I. Crabtree, editorial vice-president ; W. C. Kunzmann, con- vention vice-president; J. Frank, Jr., secretary; L. W. Davee, treasurer. Two governors will be elected from among M. C. Batsel, G. Friedl, Jr., A. N. Goldsmith and H. G. Tasker. The semi-annual banquet will take place on Tuesday evening, Nov. 1, when the S.M.P.E. Progress Medal and Journal Award will be presented. "Submarine" to Be Shown to the Navy "Submarine Patrol" is to be given two advance special showings by 20th Century-Fox, one at the National Press Club, Washington, Oct. 27, for officials of the Navy Department and newspaper correspondents, and the other at the Naval Academy at An- napolis on Oct. 30. The Annapolis showing will be at- tended by New York trade paper representatives. Rear Admiral Wilson Brown, academy superintendent, and the faculty will be present with the 2,400 cadets. Marc Lachmann ar- ranged the showings as part of the national exploitation campaign. Named to MPTOA Board S. S. Stephenson of Henderson, N. C, president of the North and South Carolina Theatre Owners Association, has been named to the national board of directors of the M.P.T.O.A. Ste- phenson replaces Charles W. Picquet, former president of the Carolina or- ganization. Quits Oklahoma House Oklahoma City, Oct. 18.— F. O. Williams, manager of the Pix, oper- ated by T. B. Noble, Jr., has resigned, succeeded by Bob Gallman, former manager of Coffeyville, Kan., and Tulsa, Okla., theatres for Southwest- ern Theatres, Inc. Set Du Art Deal Today Final details are to be set today on an agreement settling the technicians' strike at Du Art Film Laboratories. Building in Colorado Fox Intermountain will open the new Fox in Sterling, Col., Nov. IS. The house will seat 1,000 and cost $100,000. The circuit is closing the Rialto in the same town. President Roosevelt's speech and the Sino-Japanese conflict are the chief items of interest in the new issues of the newsreels, out yesterday. High- lights of last Saturday's football games cover the sports situation. The reels and their contents follow. MOVIETONE NEWS— Roosevelt appeals for human needs. Japanese attack South China. New training ship for seamen. New York Gubernatorial battle. Fashion parade. Lew Lehr demonstrates new bath- tub. Football games. NEWS OF THE DAY— China prepares for Japanese attacks. New hair styles dis- Coast Artists Give Certification Plea Hollywood, Oct. 18. — William R. Ringer, N. L. R. B. trial examiner, today heard the petition of the Society of M. P. Artists and Illustrators for certification as the bargaining agency for illustrators, designers and mat makers. Ringer heard Leslie Thomas, presi- dent, Clyde Scott, Al Weiss and Dor- othy Williams. The producer attorney contention was lack of jurisdiction by the N. L. R. B. The art directors' hearing is set for tomorrow, Screen Publicists' Guild for Thursday, and the Screen Cartoon Federation's petition for collective bar- gaining at the Walt Disney plant on Monday. Dr. Towne Nylander, re- gional N. L. R. B. director, today again postponed to Nov. 21 a confer- ence to air charges by Jeff Kibre that the I. A. T. S. E. is a company union. Board Rejects Bill For Marquee Signs A bill to permit nine-foot signs to be placed flat against each face of a marquee has been rejected by the Board of Estimate and returned to the City Council with the recommendation that such signs be limited to licensed theatres only. The present law limits all marquee signs to two feet, the legal width of the marquee, but the law is not being enforced. Although realty interests are fight- ing the measure, it is expected that the bill will be passed with the suggested amendment by the Council. Mintz Acquires "Bomba" Screen rights to the "Bomba" books have been purchased by Robert Mintz. The first production will be based on "Bomba, the Jungle Boy." Mintz will leave for- Hollywood shortly to confer with his associate, Louis Weiss, on production plans. Queen Will See ''Suez" London, Oct. 18. — Queen Mary will attend the premiere of "Suez" at the New Gallery Nov. 5, the proceeds to go to the Chelsea Women's Hos- pital. To Open in Minneapolis Minneapolis, Oct. 18. — Minnesota Amusement's new Gopher will open Oct. 28. Admission will be 25 cents at all times. Roy Slentz will be manager. played at World's Fair. Young skating mar- vel challenges ice queens. Football games. PARAMOUNT NEWS— London tries blimps as air raid defense. Spy suspects face Federal trial. World's largest tele- scope nears completion. Skating prodigy gives exhibition. Football games. RKO PATHE NEWS— Roosevelt urges private charity. Nazi spy ring brought to trial. Navy destroyers reconditioned. Chi- cago doctor campaigns against cancer. Eng- lish skater Hollywood bound. War Ad- miral and Sea Biscuit prepare for coming race. Football games. UNIVERSAL NEWSREEL— Mechanized cavalry at Kansas. New York's tugboat strike. Czechoslovakia's new frontier. Horse swims Golden Gate. Training ship for seamen completed. Young skating prodigy amazes experts. Football games. Disney Shorts Shown To Trade and Press For more than an hour yesterday at the Astor Theatre, 1,200 or more cir- cuit owners, independent exhibitors, buyers, bookers and reviewers includ- ing their relatives and friends attended the showing of eight new-season RKO-Disney shorts. There were plenty of chuckles. The program started with "Don- ald's Lucky Day," an eight-minute subject scheduled for release Jan. 13, 1939. "Goofy and Wilbur," also eight minutes, which introduces Wilbur, the grasshopper, followed. -Wilbur re- received a warm reception. "A Farm- yard Symphony" was third. This is a distinct novelty, with the animals contributing varied sounds to the sex- tet from "Lucia." It ought to go places. The three little pigs are brought back in "The Practical Pig." Other subjects were "The Ugly Duckling," "Mother Goose Goes Hollywood," "The Brave Little Tailor" and "Fer- dinand the Bull." All of these have been reviewed in Motion Picture Datly. The release dates run from Oct. 14 on "The Farm- yard Symphony" through April, next year. Safier Names Lamb, Jackson as Managers Los Angeles, Oct. 18.. — L. V. Lamb has been appointed Seattle man- ager for Grand National and G. E. Jackson manager in Portland suc- ceeding Dell Brinn, who had managed both. The appointments were made by Morris Safier, western district man- ager, who arrived today from the east. He said G. N. will open a branch in Memphis, which formerly was served from Atlanta. Manages Warner House Pittsburgh, Oct. 18. — Warners have named Carl Bechdel manager of the new State in State College, Pa., where he was assistant at the Cathainn. His place will be filled bv James Elliott, assistant at the local Plaza. Robert White, usher, gets Elliott's spot at the Plaza. Green to Direct "Turf" Hollywood, Oct. 18. — Alfred E. Green has been signed bv Edward Small Productions to direct "King of the Turf," starring Adolphe Menjou and starting about Nov. IS. Green recentlv finished "Duke of West Point." 7 Way Not Yet Cleared for G.B., Odeon By AUBREY FLANAGAN London, Oct. 18. — Settlement of the action of John Maxwell of Associated British against the Ostrers in connec- tion with th; purchase of shares of Gaumont British by Maxwell doesn't fully clear the way for the anticipated merger of G.B. and the strong Odeon Circuit, headed by Oscar Deutsch. United Artists holds a substantial in- terest in Odeon. Whether G.B. can conclude a deal is something else, in- deed. Both 20th Century-Fox and M-G-M must be consulted before it is closed, since both companies are part owners of G.B. Judgment was given the Ostrers with costs today by Lord Justice God- dard, when it was declared in court that the plaintiff was not proceeding with the case. Valentine Holmes, act- ing for Maxwell, declared the case had been abandoned and asked judgment and costs for the defendants. Sir Patrick Hastings referred to the un- fortunate publicity the case had re- ceived. It is believed that the out-of-court settlement of the action was assisted materially by unofficial but diplomatic intervention bv Board of Trade offi- cials. Philip Hill of the financial house bearing his name also is understood to have played a part in bringing about the settlement. A likelihood is seen that the Charles Nordon Committee, which had pressed for an inquiry into G.B. affairs by the Board of Trade, may withdraw its pressure. Consider Dropping Of Duals in Akron Akron, Oct. 18. — Robert C. Menches, president of the Akron In- dependent Theatre Owners Associa- tion, at the suggestion of first run managers, is sounding out neighbor- hood operators on the possibility of dropping duals. All Akron and subur- ban houses now are running doubles. Menches said he will call the managers together soon to discuss the situation. Pasternak Party Guest Joe Pasternak was guest of honor at a reception in the Rainbow Room atop the RCA Building yesterday. It was the climax of a tour started recently as an advance campaign for Univer- sale "That Certain Age," which Pas- ternak produced. Recently he was entertained in Toronto by the Mayor and Government officials. Yesterday about 200 newspaper and fan magazine writers greeted him, along with company officials. Paster- nak will leave Wednesday for the coast. CCNYto Show Films The Film and Sprocket Society of City College will present a series of documentary films on three alternate Friday evenings, beginning Nov. 4, at the Pauline Edwards Theatre. Among the films to be shown are "The Wave," "Nanook of the North," "Xight Mail" and "The Spanish Earth." RADIO MOTION PICTURE DAILY Wednesday, October 19, 1938 US-Australian Contract Set On Television A deal has been completed here between William H. Priess of the In- ternational Television Radio Corp. and John B. Chandler, radio operator of Brisbane, Australia, for the inter- change and purchase of television transmission and receiving equipment, under the terms of which Chandler will spend $47,000 for importation of Preiss equipment into Australia. International Television Corp. will construct and demonstrate as work- able here a semi-portable television transmitter and 12 television receiving sets to be shipped to Australia. There Chandler will organize the Interna- tional Television Radio Corp. of Aus- tralia, with a minimum capitalization of $250,000 for the commercialization of television in the Dominion. Forty per cent of the shares of Television Radio Corp. of Australia will be owned by the American company. Chandler, it is understood, now has on deposit in a local bank $47,000 payable to International on comple- tion of the television transmitter and "Time" May Fade If Sponsor Not Found "March of Time," currently broad- cast under the sponsorship of Time, Inc., may fade from the air following Friday's broadcast unless another sponsor is obtained for the series. Time's contract runs out as of this week and the company has already made known its intention not to con- tinue sponsorship of the show beyond the present expiration date. Last year at this time the same emergency con- fronted the program, and just when it appeared that it would be allowed to lapse, the William Wrigley Co. bought the show. Move Show to Chicago "Road of Life," Procter & Gamble serial heard daily on CBS and NBC from New York, will move to Chi- cago next week. The show is being returned west because Irma Phillips, who writes the script, as well as sev- eral others heard on the networks, makes her headquarters in Chicago, and the sponsor now feels that writing and production should emanate from the same city for best results. A new cast will be assembled in Chicago, and from there, Carl Webster will have charge of production. Chevrolet Series Ready General Motors starts a two-week series of news broadcasts over WABC beginning Monday, and daily at 6 P. M., to announce the new Chevrolet. At the conclusion of the General Motors run, California Animal Prod- ucts, Inc., will take over the series. Emil Brisacher & Staff is the agency for the latter account. Schloss Now Space Buyer O. M. Schloss of McCann-Erick- son's radio department has a new job at the agency as space buyer of publi- cation media. ► Radio Personals 4 KEN ROBERTS and John Allan Wolf have been signed to do the announcing on the new Sophie Tucker show over CBS . . . Kay Thompson is doing a monthly column about rhythm choral singing for the Orchestra World . . . Ralph Edwards now is doing the "Spotlight" show on CBS in place of Charlie Stark, who gave it up because of commercials . . . Lew Danis, who works in P. & G. radio scripts, is appearing in a role in "Mulatto" at the Brooklyn Shubert . . . NBC artists bureau's recent engage- ments for clients includes Margaret Anglin for a date over Canadian Broadcasting Corp. facilities, a week for the Kidoodlers at Loew's State, Washington, and a date for Helen Henry to sing in Schenectady . . . Max Reinhardt will arrive in New York from Hollywood the first week in No- vember to start casting "Merchant of Yonkers" . . . Aline McMahon, the screen plaver, will co-lead opposite Orson Welles in the CBS "Workshop" presentation "Air Raid" tomorrow night. + Ben Pollet of the Compton agency to North Carolina the end of this week to confer with a new account. How to Speak Washington, Oct. 18.— Ne- ville Miller, president of the N. A. B., has prepared a booklet telling political can- didates how to write and de- liver a speech via the radio. "You speak, not shout," cautions Miller, and suggests speakers "pick a purpose. Your audience wants to know what you're driving at and where you're going." Speak- ers also are told to keep their phraseology simple. Heidt Band Dropped By Stewart-Warner Horace Heidt's Brigadiers, for the past four years featured on the net- works by the Stewart- Warner Ale- mite Corp., will be dropped by the sponsor as of the Dec. 25 program, when the current contract runs out. Managers Leave Meet NBC station managers are en route to their headquarters, following the semi-annual meeting. Those who at- tended include S. D. Gregory, KDKA, Pittsburgh ; Kolin Hagen, WGY, Schenectady; Leslie Joy, KYW, Philadelphia; Carleton Smith. WM- AL, Washington ; Lee Wailes, as- sistant manager of owned and oper- ated stations ; A. L. Morton, manager of owned and operated stations ; Ver- non Pribble, WTAM, Cleveland ; Bob Owen, KOA, Denver ; Lloyd Yoder KPO-KGO, San Francisco; John Holman, WBZ-WBZA, Boston. French Ad Agency Here With American advertising agen- cies opening European offices, notably Blackett-Semple-Hummert, Lord & Thomas, J. Walter Thompson and others, a French agency has estab- lished an office here under the trade name of Advertising in France. Firm will handle all phases of advertising intended for French and other foreign markets, including radio commercials. Union Radio Corp. Sued Suit for $20,000 in legal fees against National Union Radio Corp. was filed yesterday by William L. Bowman in the U. S. District Court. Mr. Bow- man claimed that on March 31, 1936, he had been retained to represent Union Radio in a $15,000,000 anti- trust suit against Radio Corp. of America, General Electric Co. and Westinghouse Electric & Manufac- turing Co. Rule Radio Sponsors Owe Security Taxes Washington, Oct. 18. — Sponsors of radio programs are responsible for the Social Security taxes of artists ap- pearing thereon, it was ruled today by the Internal Revenue Bureau in a de- cision settling a point which has long been in controversy. The bureau held that while a pro gram might actually be staged by an advertising agency, the sponsor exer- cises such power of selection and con trol over the services of the artists as to establish an employer-employe re- lationship. Under the ruling, broad- casters have no responsibility for So- cial Security taxes on the salaries of artists which they themselves do not actually pay. B anner LINES Crosley Fighting Writ Application will be made today to N. Y. Supreme Court Justice Lloyd Church by the Crosley Radio Corp. to vacate a warrant of attachment ob- tained by Zell Products Corp. on the ground that the plaintiff had failed to set forth sufficient facts to justify a writ. Suit is based on a claim of loss of profits of $5,444 for alleged breach on the part of Crosley Radio of a con- tract made on May 5, 1936, wherein Crosley was to deliver merchandise to the plaintiff. Series Big Radio Draw An average of 33 per cent of set owners heard each of the four recent World Series games, according to the Cooperative Analysis of Broadcasting, compilers of the Crosley Radio Re- ports. Sunday was the highlight day, when 38 per cent listened, Saturday 33 per cent listened, Wednesday was third with 32 per cent, while on Thursday the audience was only 30 per cent of set owners. Two Seek Power Increase Washington, Oct. 18. — Application for authority to increase its night power from 500 to 1,000 watts has been filed with the Federal Communi- cations Commission by WALA, Mobile. An increase in power from 500 watts night, 1,000 watts day, to 1,000 watts night, 5,000 watts day, has been filed by WSUL Iowa City, la. Republicans Take Time Republican State Committee, in be- half of Edward Corsi and Senator Fred Bentecov has contracted for time over eight stations for campaign talks to be delivered Oct. 27 and Nov. 7, re- spectively. The stations lined up are WJZ, WSYR, WHAM, WABY, WEBR, WJTN, WMFF. WEEK or 10 days ago the trade- learned through the grapeviiu that the sacrosanct Philhar- monic broadcasts heard over CBS might be sold to a sponsor. The sound and fury engendered by the report /< 'M is bouncing off the walls of 485 ^\&J son Avenue. Well, if it will give anyone comfort or satisfaction to hear it, we for one believe that any wailing about that re- port is sheer nonsense. The cold, hard fact is that the Philharmonic is in bad financial shape, and if selling the broadcast rights to a sponsor is the one way of saving the orchestra, then by all means a sale not only is per- missible, but should be sought. Of course we don't look for CBS to sell the orchestra to the first maker of a cold compound or a tummyache remedy that comes along with suf- ficient money. But we see nothing wrong in offering the orchestra to a commercial house whose product is of the right type. Certainly the Phila- delphia Orchestra and the Detroit Symphony lost no prestige in being heard as programs of a chain of banks and the Ford Motor Co. ▼ The tugboat strike let Dave Dris- coll and Cameron- King of Mutual' s special features division in for a strange assignment yesterday.' The pair arose before daum and, bearing recording equipment, went to the river front and made a platter describing the struggles of the Queen Mary to make port. At 9:45 A. M. their re- cording was broadcast over IVOR, and at later hour over the Mutual network. Then it went over the Brit- ish Broadcasting net from 5:10 to 5:14. ▼ "NBC Opens Hollywood Radio City without Ballyhoo," stated the headline in yesterday's press re- lease from NBC. Followed then 11 pages of mimeographed publicity about the studio. T 'W hat were those 1 1 gorgeous look- ing and gorgeously gowned John Powers models and escorts doing at the Toscanini premiere, and who paid for their appearance in the studio? Address all inquiries to John Royal, not us. ▼ Idea for the new CBS sustainer "Sing, Inc.," which had its first airing yesterday, was evolved at one of the bull sessions at the announcers' lodge at Lake Hopatcong the past summer. The boys were mulling about new program ideas, when Bert Parks gave birth to the "Sing, Inc." formula. It took him some months to sell the pro- gram department on the show, but finally he was set to put it on. Just before the program was to be put on he was assigned a commercial, result- ing in John Allen Wolf getting Parks' own show. T Al Jolson. Ruby Keeler, Al Jol- son, Jr., Harry (Parkyakarkus) Einstein and Mrs. Einstein, Tiny Ruffner, E. Mead, and six writers — in short the whole Jolson pro- gram menaee — arrive here Satur- day bv train from Hollywood to nut the program on the air here for the next four weeks. — Jack Banner Alert. Intelligent MOTION PICTURE DAILY First in Film and Impartial 44. NO. 78 NEW YORK, THURSDAY, OCTOBER 20, 1938 TEN CENTS Progress Is Reported in Trade Talks MPT OA Resumes Today, Allied Tomorrow Exhibitor and distributor trade prac- , tice negotiating committees reported progress toward an agreement on mu- tual trade problems following all-day discussions yesterday. Allied States committeemen will re- ■ sume their meeting with the distribu- tors' committee tomorrow. A meeting : of the national Allied board of direc- tors had been scheduled earlier for to- day at Atlantic City, forcing the one- day suspension of negotiations. M. P. T. O. A.'s national commit- tee will continue its negotiating ses- sion today. That group met with Sid- ney R. Kent and Ned Depinet at the Union League Club, while Allied rep- resentatives met with William F. Rodgers, Gradwell L. Sears and A. {Continued on page 4) September Grosses Up, Tax Indicates Washington, Oct. 19. — Improved theatre business throughout the country was indicated tonight by the Bureau of Internal Revenue in its monthly report showing that Federal admission tax collections in September regained the ground lost between July and August. The total was $1,668,827. The September total, the highest for any month since last March, was {Continued on page 4) Plain Talk The Bell Theatre in Brook- lyn is running this trailer: "Dear Patrons: It is evident that the people of this neighborhood cannot afford to support a high class theatre. We therefore ask you to tell your friends that unless they patronize this theatre, we will be forced to turn it into a public market or a garage. We thank you. The Management." Standstill Pact Is Discussed in Capital Parley Washington, Oct. 19. — While con- firmation was lacking, it is believed here that proposals concerning the maintenance of a status quo on affili- ated theatre holdings were discussed by counsel for the five major com- panies at their second meeting with Department of Justice officials, held here today. Following the conference, represen- tatives of both sides maintained the lion-communicative attitude which has consistently marked the negotiations and refused to make any statement re- garding the discussions. It was ad- mitted, however, that more conferences are in prospect. Representing the Government were Thurman Arnold, Wendel Berge and Paul Williams. The companies were represented by Col. William J. Dono- van, and William Mallard, RKO ; Austin Keough, Paramount ; Robert W. Perkins, Warners ; J. Robert Rubin, Loew's ; Ralph S. Harris and (Continued on page 4) A.F.R.A. Seeking Scale of $21-$41 for Radio Actors Committee of the American Federa- tion of Radio Artists, Equity organi- zation representing radio artists, has submitted for consideration to the 4A's, advertising agency trade asso- ciation, base pay rates for artists ap- pearing in commercially sponsored net- work programs. The rates are as follows: $15 for artists appearing in 15-minute pro- grams, $25 for artists working in half- hour programs and $35 for appear- ances in full-hour shows, with addi- tional pay of $6 for rehearsal per- iods. Thus, the minimum rate of pay will be $21, $31 and $41 for the 15-minute, 30-minute and 60-minute shows. A. F. R. A. has been negotiating with the advertising agencies for some months to achieve a pact giving bene- fits to radio artists. A. F. R. A. has already completed a pact with the net- works for artists working in sustain- ing, or non-commercial programs, cov- ering employment of artists working in the key network cities, New York, Chicago and Los Angeles. Artists who have heard reports of the pay standard submitted to the 4 A's by A. F. R. A. have already (Continued on page 10) SPITZ MAY RESIGN FROM RKO TODAY Sound Patent Test Case in Court Again Washington, Oct. 19. — The Su- preme Court today began hearing argument in the bitterly contested General Talking Pictures patent in- fringement suit, on which the court split last term, with the U. S. Gov- ernment as an "added starter," with a brief submitted by the Department of Justice as a "friend of the court." The case involves one of the major points in the Administration's drive against monopoly, the restriction by a patent owner of the use to be made of his patented article after it passes into the hands of a purchaser, in this in- stance, the use in talking picture equipment of amplifiers produced un- der patent owned by A. T. & T. and restricted to use for radio reception only. "Although in form this is merely a suit between private parties," it was explained by the department, "it in- volves a question of great public im- (Continued on page 2) B & K Case Ruling Is Expected Today Chicago, Oct. 19. — Hearing on the action of Chicago independents against major distributors and B. & K. was completed today with Judge Wilkerson advising he will rule on the granting of an injunction or dismissal tomor- row morning. Attorneys for the distributors at to- day's hearing denied the indepen- dents' charges. Judge Wilkerson in- dicated that the case as outlined prob- ably will be protracted when it comes to trial, unless the attorneys get to- gether on certain points. Silverstone to Talk At First Ampa Meet Maurice Silverstone, chairman of United Artists' executive committee, is scheduled as the speaker at Ampa's first meeting of the season at the As- tor next Thursday. A poll of members indicates that they want a combination of entertain- ment and instructive speeches at the (Continued on page 2) In This Event Schaefer Takes Helm Tomorrow, Trustee Approving It is possible that at today's meet- ings of the board of directors of Keith-Albee-Orpheum and RKO- Radio Pictures that Leo Spitz will resign from the presidency of these firms. He is finally attaining his de- sire to retire from active operation of RKO and return to his law prac- tice, with his firm, Spitz & Adcock of Chicago, one of the biggest law firms in the middle west. This firm represents a number of the top circuits and film companies in the trade. Also, it is expected that George J. Schaefer will be elected to succeed Spitz, as Spitz recommended, and as creditors also have urged. This could mean that Schaefer might take the helm of RKO, immedi- ately, but if not, he certainly will come into the firm on Monday. Spitz, upon insistence of credi- tors and the trustee, has agreed to become special counsel to RKO, and remain in an active executive capac- ity until reorganization of the com- pany has been completed to aid Schaefer. After that Spitz is due to return to Chicago, but will continue to be (Continued on page 4) To Confer Today On Musicians' Work First discussions of the American Federation of Musicians' demands for increased employment of its members in affiliated theatres will begin this morning at the office of Pat Casey, producers' labor arbitrator. Loew's, Paramount, RKO, 20th Century-Fox and Warners will send representatives to the meeting. The executive board of the Federation, (Continued on page 4) Seek Coordination On Copyright Laws Recommendations for changes in the Federal copyright laws will be made to Congress by the Committee for Study of Copyright about mid- November. The committee will re- sume its work at a meeting this after- noon at Columbia University, the first to be held since July. In the interim, representatives of all industries concerned with copyright (Continued on page 4) MOTION PICTURE DAILY Thursday, October 20, 1938 i Purely Personal ► LEROY G. PHELPS, cameraman and associate producer on "Dark Rapture," will start this week on a lecture tour of high schools. Armand Denis and Leila Roosevelt Denis, producers of the film, will speak be- fore the Gimbel Stamp Club Saturday. • Milton Pollack of the Warner home office contract department left last night for Cleveland to take over his new post in the exchange booking department there. • Herman Finkelstein of Schwartz & Frohlich, Ascap counsel, plans a second trip to Washington this week, after returning from the capital yes- terday. • Wolfe Cohen, Warner Canadian district manager, left for Toronto last night after a visit at the home office. He will return by way of St. John and Montreal. • Edward H. Wolk, manufacturer and distributor of theatre equipment, will leave soon on an airplane trip through Central and South America. • Jean H. Lenauer, managing direc- tor of the Filmarte, will speak before Professor Thrasher's film class at New York University tonight. • John Manheimer, executive secre- tary of the I. T. O. A., is attending the New Jersey Allied convention in Atlantic City. • Roy Haines, Warner eastern Ca- nadian sales manager, is back at his desk fully recovered from a recent illness. • Sam Rifkin, salesman at the U. A. exchange, went to Atlantic City yes- terday to attend the Allied sessions. • Phil Reisman, RKO foreign chief, has been playing golf with Ambassa- dor Joseph P. Kennedy in London. • Betty Rudolph of the U.A. ex- change has shed 35 pounds by follow- ing a diet. • M. Schwaber, owner of the Linden in Baltimore, is in town for a few days with Mrs. Schwaber. • Gradwell L. Sears, Warners sales chief, has put off his trip to the coast until after the trade practice sessions. • Pete Harrison is back from Cali- fornia, where he had gone to recuper- ate from his recent operation. • Billy Bein, holder of the Trailer- Made franchise in Cincinnati, is stop- ping at the St. Moritz. • Y. Frank Freeman, Paramount theatre head, returned from Chicago yesterday. e Frank and Vicky Walker will leave today by automobile for San Francisco. • Clarence Eiseman of the U. A. Pittsburgh branch, recently appointed Insiders' Outlook HARD, cold figures are now brought to bear by the Einsteins of the Motion Pictures' Greatest Year cam- paign headquarters to prove that participation in the drive shows a profit for theatres. A chart has been compiled for the benefit of skeptical exhibitors. Taking a 300-seat house as an example, the chart indicates that no matter what the theatre's ad- mission price, if it draws a mini- mum of 20 patrons for each of the 25 films required as a mini- mum in the quiz contest, the the- atre will show a substantial profit. Thus, according to the analy- sis, if a 300-seat house charging 15 cents admission increases its normal attendance by 20 per film, or a total of 500 for the 25 pic- tures which have to be seen by contest participants, the addi- tional take will be $75 against the $30 pledge. A 1,000-seat house would be assessed $100 as its pledge fee. To show a sub- stantial profit it would need only 100 new patrons at the 15-cent admission price. This is not, the committee points out, the total possible profit. The unit of 20 is taken as the basic minimum for argu- ment's sake. The tabulation ranges to a high of 100 extra patrons participating and addi- tional receipts of $875 for the contest period at theatres charg- ing 35 cents admission. These figures of possible re- turns do not include the cost of quiz booklets at $5.50 per 1,000 or other accessories. The committee points out there is the added, if intangible, profit of enhanced community goodwill and the spotlight of publicity thrown on participating theatres. ▼ ▼ Samuel Goldwyn is more than a little bit interested in the new Robert E. Sherwood play, ''Abe Lincoln in Illinois." In fact, he is interested enough to have con- sidered a choice for the starring role in the event the rights to the play are acquired. And what do you think of Gary Cooper as the young Abe Lincoln? Goldwyn's contemplation of the matter easily might create a publicity stir which would ap- proximate that caused by the de- liberations over filling the Rhett Butler role, or Scarlett O'Hara, herself, for that matter. ▼ T M-G-M and George M. Cohan are near closing on a deal for production of a picture based on the latter's life. Cohan also would be one of the stars of the production. If the agreement is reached, as expected, M-G-M will send writers to Chicago, where Cohan will be during the next few weeks, to collaborate with him on the script. Cohan may also do several new songs which would be featured in the production with other famous tunes he has written. T ▼ Douglas Fairbanks left New York for the coast the other day, thus ending the probability of the annual meeting of United Artists stockholders being advanced from Nov. 9. Samuel Goldwyn and Mary Pickford are still here. Goldwyn leaves for Hollywood today. ▼ T Exhibitors are showing resent- ment over the Jimmy Fidler type of film comment. A blast is being prepared now by the I.T.O.A. of New York. The I.T.O.A. will point to an analysis of the product Fidler advertises on the air, as made by one of those consumer papers. The I.T.O.A. intimates that were thousands of screens throughout the United States to display that consumer comment, Fidler would soon be ordered by his sponsors to "walk the straight and nar- row." T T NBC, anxious to do all in its power for Arturo Toscanini, has turned one of its speakers' studios over to him as a dress- ing room. manager of the company's New York exchange, will arrive over the week- end to take up his new post. • Tom Connors, M-G-M division manager, has returned from a trip to the south and midwest. • Michael Raymond, script writer, will be married Sunday to Theresa Weingarten. • Frank Capra is visiting in Wash- ington. • Jesse L. Lasky is en route to the coast. Mrs. Jimmy Fidler is in town. Ben Goetz to Europe With plans set for "Good-bye, Mr. Chips," M-G-M's next film on its British program, Ben Goetz, head of the company's production in England, sailed yesterday with Mrs. Goetz on the Queen Mary. Sam Wood, who will direct the film, is accompanying them. Sound Patent Test Case in Court Again (Continued from page 1) portance, and the department is there- fore filing a brief on behalf of and at the latter $14,250. "Drums" continued strong in its : second week with $5,654 at the 4 Star and "You Can't Take It With You" i stayed in the hit class in its third week at the Hillstreet and Pantages. The Hillstreet gross was $9,500 and the Pantages tally was $10,400. Estimated takings for the week end- ing Oct. 19 : "Marie Antoinette" (M-G-M) CHINESE — (2,500) (50c -75c) 7 days. Gross: $9,449. (Average, $12,500) "Drums" (U.A.) 4 STAR — (900) (40c-55c) 7 days, 2nd week. Gross: $5,654. (Average, $3,250) "You Can't Take It With You" (Col.) HILLSTREET— (2,700) (30c-65c) 7 days. 3rd week. Gross: $9,500. (Average, $6,500) "Marie Antoinette" (M-G-M) LOEWS STATE— (2,500) (30c-75c) 7 days. Gross: $13,051. (Average, $14,000) "You Can't Take It With You" (Col.) PANTAGES — (3.000) (30c -65c) 7 days, 3rd week. Gross: $10,400. (Average, $7,000) "King of Alcatraz" (Para.) PARAMOUNT— (3,595) (30c-65c), 7 days. Stage: Bill Robinson, F. & M. revue, Rube Wolf and his orchestra. Gross: $14,000. (Average, $18,000) "The Sisters" (W.B.) "The Road to Reno" (Univ.) WARNER BROS. (HOLLYWOOD) — (3,000) (30c-65c) 7 days. Gross: $14,500. (Average, $14,000) "The Sisters" (W.B.) "The Road to Reno" (Univ.) WARNER BROS. (DOWNTOWN) — (3,400) (30c-65c) 7 days. Gross: $14,250. (Average, $12,000) Seek Trade Support For World Film Fair London, Oct. 19. — Further efforts are being made by the promoters of the World Film Fair to recruit of- ficial trade support from the industry's various bodies. So far, however, no cooperative backing has been offered by any organization, although indi- vidual producers, distributors and ex- hibitors have verbally expressed their interest and sympathy. Promoters have guaranteed £5,000 to the Cinematograph Benevolent Fund, and this is being used as bait to the industry's branches to obtain active participation. An advisory committee has been formed including various producers, distributors and exhibitors, and an ex- ecutive committee is to be chosen. Already trade opposition has been voiced against the plan on various grounds, notably against the revealing of studio secrets in a production studio to be staged in the exhibition, against the presentation of film premieres there and the general competition which would be offered to legitimate film enterprises. Uses Vaudeville 3 Days Denver, Oct. 19.— The Tabor, Fox downtown subsequent, has added five acts of vaudeville on Friday, Satur- day and Sunday, with a single feature. The policy for the remainder of the week will remain double bill. After the Jitterers Omaha, Oct. 19. — Last year Manager Bill Miskell of the Orpheum added a full week's business to his year's report with 12 Saturday midnight Big Apple dance contests. This year Miskell hopes to repeat with Jitterbug Jam- borees. The shows will in- clude a preview of the fol- lowing week's attraction. British Trade Faces Wave of Municipal Law London, Oct. 19. — British exhibitors are in danger of being swamped by a wave of municipal interference during the approaching season. There are in- dications of municipal moves from all points of the compass, most of them designed to limit the exhibitors' free- dom of operation. Not the least of the new moves is the maturing of the plan for a pool of municipal authorities in the London and Home Counties area, which would unify and consoli- date municipal policies in regard to picture theatres. Nine Councils Joining Nine councils have now expressed their willingness to join the group, including London, Berkshire, Bucking- hamshire, Essex, Hertfordshire, Kent, Middlesex, Oxfordshire and Surrey. It is probable that Croydon and Southbend will join. Already indications point to a spread of the seat price regulation plan. At Wrexham, where a move to- wards a follow up of the London scheme has been made, a subcommittee formed to investigate the matter has reported to the council. It is believed that an effort will be made to reach an agreement between the Town Council and the local exhibitors. Now Croydon is following London and after a complaint at a recent licensing meeting of the Borough Council, the question of seat prices is to be considered by the licensing com- mittee. As at Wrexham, the com- plaint is lodged against the increase of prices of certain seats on Saturday and Sunday. Sunday Films Assured Laurel, Miss., Oct. 19. — Sunday film shows were assured for Laurel as the Jones County Grand Jury, fail- ing to return indictments for alleged illegal operations, in connection with Sunday operation. Gene Ford a Father Washington, Oct. 19. — Gene Ford, production manager for the Loew thea- tres here and in Baltimore, is the father of a 7^4-pound daughter, Patricia. Trailer-Made Deal Set Trailer-Made, Inc., has closed a 10- year franchise for the Boston and New Haven territories with Ben Wilenski, who has formed Trailer- Made Service of New England, Inc. THEY'RE ALL COMING . ... TO THE HAPPY CONCLAVE OF SHOWMEN! ^e VARIETY CLUB (TENT NO. 1) 10th ANNUAL BANQUET HOTEL WM. PENH PITTSBURGH, PENNSYLVANIA Presented under the "BIG TOP" In honor of retiring Chief Barker JOHN T. McCREEVEY And His Retiring Associate Officers Ira Cohn Harold Lund James G. Balmer Harry Seed Jerry O'Neill George Tyson Steve Cox Jules Lapidus Harry Harris Dr. M. R. Goldman GIGANTIC! COLOSSAL! 40 FEATURE Art *tU ATTRACTIONS *tU SUN. EVE. OCT. 30 YEAR'S GREATEST WEEK-END FOR EXECUTIVES OF MOTION PICTURES' GREATEST YEAR FOOTBALL . . . PITT. vs. FORDHAM SATURDAY, OCTOBER 29th If you desire reservations, write or wire JOHN H. HARRIS, Banquet Chairman, 7II Clark Building, Pittsburgh, Pa. VARIETY & VARIETY COMBINED CIRCUS Alert. Intelligent to the Picture Industry OT MOTION PICTURE DAILY First in FHm anil Accurate and Impartial at 44. NO. 79 NEW YORK, FRIDAY, OCTOBER 21, 1938 TEN CENTS Majors Confer On More Work For Musicians Pat Casey and Big Eight Meet with Weber Major company heads exchanged views yesterday with the executive board of the American Federation of Musicians on the possibilities of in- creasing employment of musicians throughout the industry. After a three-hour discussion the meeting ad- journed to convene again next week for consideration of specific proposals which will be fashioned in the interim. Pat Casey, producers' labor arbitra- tor, presided at the meeting. Those attending were Nicholas M. Schenck, Loew's; Leo Spitz, RKO ; Major Al- bert Warner, Warners ; Nate J. Blumberg, Universal ; Austin C. Keough, Paramount, and Eugene Picker, Columbia. Sidney R. Kent, 20th Century-Fox president, was un- able to attend because of his presence (Continued on page 5) Balaban Says Drive Is Improving Trade "The Motion Pictures' Greatest Year drive is leading the film industry into the biggest year in its history," Barney Balaban, president of Paramount, said today upon his arrival here with Stan- ton Griffis and Russell Holman for a series of conferences. The party was met at Pasadena by Adolph Zukor. Neil Agnew, sales head, came in to- day by plane. "Optimism throughout the nation already is reflected in a definite upswing in business," Balaban said, "and current motion picture in- dustry drive is showing excellent re- turns in box-office receipts. News- paper advertising has played no small part in the success of the campaign." The quartet will remain a week or ten days. David Loew May Be Producer at M-G-M David L. Loew probably will be added to the M-G-M producer roster after a South American vacation which he will start early next month. He has been producing Joe E. Brown features, the last of which, "Flirting With Fate," will be released by M-G-M Dec. 2. Radio on Page 6 Reels Lost in Crash All newsreels lost films of Tuesday's events at the Eu- charistic Congress in New Orleans when a plane bring- ing the reels crashed and burned near Montgomery, Ala., early Wednesday. The plane was due here that morning, and films were in- tended for yesterday's news- reel issues. However, other material was used that ar- rived by another plane. Film Companies Want Particulars In Federal Case Film companies in the pending anti- trust suit will apply to the U. S. Dis- trict Court here next week for bills of particulars detailing the Govern- ment's allegations and citing specific instances of violations. By either granting or denying the applications for bills of particulars the Federal Court will designate the date by which answers to the Government's complaint must be filed. If the applications are granted, the date of the filing of answers will be date of the filing of answers will be put off. At any rate, it is probable that the (Continued on page 5) B. & K. CLEARANCE MAY BE REDUCED Italy Refuses To Modify Its Film Decree Rome, Oct. 20.— Italy will not con- sent to a modification of the decree creating a Government controlled film distribution monopoly, it was indicated here today in official quarters. Full compliance with all provisions of the decree as published will be insisted upon on and after Dec. 31. The official attitude toward Ameri- can film interests which have been seeking modifications of the decree is one of "take it or leave it." All over- tures toward a compromise are said to have been frowned upon by high Government officials. The American companies will be expected either to file their contracts with E.N.I.C., the Government controlled distribution monopoly, by Dec. 31 or withdraw from Italy, according to official in- dications. New York offices have not been of- ficially notified. Missouri Outlaws "Quiz**; Schaefer Makes Statement St. Louis, Oct. 20. — Missouri's at- torney general, Roy McKittrick, to- day ruled that the "Movie Quiz" con- test is a lottery in this state. The ruling caused amazement and con- sternation among exhibitors who knew that the contest had been ap- proved by the Postofnce Department and by lawyers for those who conduct national contests both by radio and by mail. The opinion was written at the re- quest of Elbert L. Ford, Kennett, Mo., prosecuting attorney of Dunklin County, who said he considered the contest a lottery and had advised thea- tre owners in his county not to par- ticipate in it. Penalties for violation of the statute range up to five years imprisonment. K. C. Men Seeking Advice Kansas City, Oct. 20. — News of Attorney General McKittrick's ruling that the "Movie Quiz" contest is a lottery came as a shock to local ex- hibitors. Elmer C. Rhoden of Fox Midwest, chairman of the Motion Pictures' Greatest Year drive in this territory, has contacted national drive officials for advice on what to do — whether to fight the ruling in court or sus- pend the contest. In the meantime exhibitors are continuing the contest. George J. Schaefer made this state- ment when informed of the Missouri ruling : "The 'Movie Quiz' contest was devised as an entertaining game in which millions of people could readily participate. It was purpose- ly made not too difficult, though it is impossible to answer 30 questions without exercising real thought and careful discrimination. "At every point the committee consulted with recognized contest au- thorities, companies which have con- ducted thousands of contests." May Be Part of Plan to End Trust Suit; End Of Duals Refused Chicago, Oct. 20. — Elimination of duals having been nixed by the pow- ers that be, it is probable that ad- justment of the prevailing clearance, to favor independents, may result from present discussions between Balaban & Katz and the majors, who are mak- ing a study of the situation in this territory. A committee has been named for this purpose by the major companies. It comprises Gradwell L. Sears, gen- eral sales manager of Warners ; Ned E. Depinet, distribution chief of RKO, and William C. Gehring, 20th Cen- tury-Fox. This committee has had several con- ferences with the exhibitor principals involved in the suit and the proba- bility that more will be held was in- creased yesterday as a result of the denial of the independent exhibitors' application for a temporary injunction (Continued on page 2) Spitz, Schaefer Action Up Today Directors of Keith-Albee- Orpheum and RKO-Radio Pictures, postponed their action until today, on the resignation of Leo Spitz, and the election of George J. Schaefer to succeed him. There will be no meeting of RKO, the parent company. The plan appears to be that in the parent company, Schaefer will act as repre- sentative of the Irving Trust Co., trustee. This means that Schaefer will assume active charge forthwith. A state- ment on the resignation of Spitz is expected following these meetings. This is at least the second time that such a statement and action have been delayed. In the first instance, it is understood Federal Judge William O. Bondy did not favor the type of statement which was to have been made. In the second, failure to ob- tain a quorum, plus the ad- visability of holding both board meetings consecutively is understood to have occa- sioned the delay. MOTION PICTURE DAILY Insiders' Outlook 2 i Purely Personal ► Jack Bellman, Republic eastern dis- trict manager, is attending the New- Jersey Allied convention in Atlantic City. From there he will go to Al- bany and will also visit Gloversville, Detroit and Buffalo before returning here in 10 days. • Joseph L. Stein, attorney for the Copyright Protection Bureau, was called to the family home in Portland, Me., by the death of his father, Abra- ham Stein. The former will return to Xew York this weekend. • Harry Cohn, Columbia president, left last night for the coast on the American Airlines' Southerner after home office conferences. George White also was a passenger. • Lyall Grant, Xew Zealand circuit executive, has completed conferences here and will sail Oct. 26 from Van- couver for his headquarters. He con- ferred here with Capt. Harold Auten. • Arthur Lee, vice-president of G.B., will return over the weekend from St. Catherine, Ont., where he attended the funeral of his father-in-law. • Ben Kalmenson, Warner western and southern sales manager, left yes- terday for Chicago and St. Louis. He will be gone a week. • Stanley W. Hatch, Warner ad- vertising accessories sales manager, is on a tour of the company's southern branches. • Edward A. Golden, vice-president of Monogram, will return today from a visit to the compan\r's Oklahoma City branch. • Ann Gillis, 10-year-old Para- mount player, is confined to her coast home with an attack of influenza. • Thornton Sargent's story. "Carv- ing Cutlets," has been purchased by M-G-M for 1938-'39 production. • Patricia Ziegfeld left for Holly- wood last night on the American Air- lines' Mercury. • Harry Cohn left for the coast by plane last night after a week in New York. • W. Ray Johnston, president of Monogram, will return from the coast in about 10 days. • Joe Pollack is en route to Europe. Para. Week in Frisco Hollywood, Oct. 20. — Paramount studio has set "Paramount Week" in San Francisco, beginning today and running through Oct. 27. Five Para- mount films are running- or opening. "If I Were King," "The Arkansas Traveler," "Men With Wings," "Sing You Sinners" and "Touchdown Army." COMERFORD Theatres in the Wilkes-Barre area are meeting the problem of the lack of newspapers caused by the Newspaper Guild strike by- issuing a weekly called Movie News. The paper, a four-page affair, is on newsprint with pages 15*/2 inches long and 11^2 inches wide. Weekly pro- grams for 15 houses in Wilkes- Barre and vicinity are carried, and the paper is distributed from house to house as well as at the theatre. Cuts and news items en- liven the first three pages and the last is deA-oted to programs. T ▼ Hollywood strutted its stuff at the premiere of "Men With Wings" at the Westwood Vil- lage Theatre Wednesday night. Those present included: Adolph Zukor, David O. Selznick, Pan- dro Berman, Sonja Henie, Ty- rone Power, Margaret Sullavan, Jack Benny and Mary Living- stone, Madeleine Carroll, How- ard Hawks, Claudette Colbert, Henry Hathaway. Aviation was represented by Hugh Brewster, Civil Aeronautics Authority ; Arthur Lavove, United Airlines ; Carl Anderson, American Air- lines ; Don Black, TWA ; Frank Clarke. Garland Lincoln, Tex Rankin, Al Lary, Paul Mantz, Howard Batt and Earl Gordon, fliers. T ▼ Sammy Cohen, United Artists foreign tooter, has prepared a pamphlet showing that despite conditions in Europe, and during the recent war scare, U. A. films did okay, across the seas. "Marco Polo," "Blockade" and "Goldwyn Follies" broke records in Prague ; ' Drums" played eight weeks in Paris and "Tom Sawyer" enjoyed an extended run in Warsaw. Also, certain U. A. films ruled as prize winners at a Rome exhibit, and in London, Alexander Korda's latest picture, "Prison Without Bars," drew the attendance of the British War Minister, at the pre- miere. T T Effect of trailers on patronage may be gleaned from what is to be had from Oscar A. Doob, en- lightened nabob of exploitation, advertising and publicity of Loew's. He reveals that the Mo- tion Pictures' Greatest Year drive trailer, with Ed Thorger- sen, Movietone sports commen- tator, giving a pep talk on the "Quiz," caused an increase in patron demand for the ''Quiz" booklet over the Loew circuit, in some cases doubling the previous demand. The drive committee has two other trailers in preparation. The next one will feature Lew Lehr holding forth in a humorous vein on the quiz contest. T T It is regarded as certain that Attorney Lawrence Green will become a member of the board of directors of reorganized RKO as the representative of the com- pany's general creditors. All of the major factors represented in the general creditors' committee are in agreement on Green as their- representative. T T Paramount will make a picture based on the theoretical invasion of North America by a foreign country. The picture will be called "Invasion," based on an original idea by Capt. William F. Cox, of the U. S. army chemical warfare service. Cox is at studio on leave of absence from service duty. Studio will place more than a dozen Paramount stars and almost all featured players in the cast. Friday, October 21, 1938 Cut in B. & K. Clearance May Stop Big Suit {Continued from page 1) against B. & K. and the distribujf pending trial of the anti-trust suiV» In denying the injunction, Federal Judge James Wilkerson pointed out weaknesses in the action which de- fense counsel construed as an indica- tion that the complaint might not warrant a trial. The defense is ready to discuss a friendly adjustment of the issues. The matter is up to the attorneys and the distributors' conciliation committee. Judge Wilkerson based his denial of an injunction on the "doubt which exists as to the clear right to relief in this case, and the doubt as to the probability that the plaintiffs will pre- vail at the final hearing." "That doubt," the court said, "is created by the abstract nature of the alleged threatened injury, as stated in the bill, and in the argument here. It is not charged that pecuniary dam- age is about to be inflicted on the plaintiffs, but it is said that they have a right to free competition and a free market with reference to the exhibi- tion of these pictures." Judge Wilkerson directed defense counsel to prepart an order in accord- ance with his findings by Nov. 19. Business Slightly Off Along Broadway Business along Broadway was slightly off yesterday while the tem- perature continued to soar. At the Roxy, "Suez" finished its first week with $62,500 and will be held over. "The Sisters" grossed excellently for its first week and will continue for two more with Horace Heidt's band on the stage. "Too Hot to Handle" finished its third week at the Capitol with $20,000 and made way yesterday for "Stablemates." "The Mad Miss Manton" opened at the Music Hall yesterday after an $80,000 week for "There Goes My Heart." At the 55th St. Playhouse, "The Edge of the World" enters its seventh week tomorrow. MOTION PICTURE DAILY (Registered U. S. Patent Office) MARTIN QUIGLEY, Editor-in-Chief and Publisher; SAM SHAIN, Editor; JAMES A. CRON, Advertising Manager. Published daily except Saturday, Sunday and holidays by Quigley Publishing Company, Inc., Martin Quigley, president; Colvin Brown, vice-president and treasurer. Publication office: 1270 Sixth Avenue at Rockefeller Center, New York. Telephone: Circle 7-3100. Cable address: "Quigpubco, Xew York." All contents copyrighted 1938 by Quigley Publishing Company, Inc. Ad- dress all correspondence to the New York office. Other Quigley publications: Motion Picture Herald, Better Theatres, Teatro al Dia, International Motion Picture Almanac and Fame. BUREAUS:— Hollywood: Postal Union Life Building, Vine and Yucca Sts. ; Boone Mancall, manager; William R. Weaver, editor. Chicago: 624 S. Michigan Ave., C. B. O'Neill, manager. London: 4 Golden Square, W. 1 : cable address. Quigpubco, London ; Hope Williams, manager. Entered as second class matter Sept. 23, 1938. at the post office at New York, N. Y.. under the act of March 3, 1879. Subscription rates per year $6 in the Americas and $12 foreign. Single copies 10c. Milwaukee Worried Films Are Overlong Milwaukee, Oct. 20— The Utili- ties and Health Committee of the Common Council has adopted Alder- man Samuel Soref's resolution for the appointment of a committee of five citizens to investigate local film pro- grams. The committee would check on the effect long programs have on the health of adults and children and the probable effect crime and sex pictures have on children. The action is the | result of agitation by the Parent- Teacher Association here. At that | time Mayor Daniel W. Hoan turned , the matter over to Dr. John P. Koeh- I ler, health commissioner, who in turn I named a specialist to investigate. The report from this latter committee was that double feature programs do not endanger health. Investigation Bares 61 Taxes in a Ticket Cincinnati, Oct. 20. — Sixty-one direct and hidden taxes included in the price of the average film ticket take more than $197,500 annually from the 75,400 local theatre-going families, ac- cording to the National Consumers Tax Commission. More than 16 per cent of the price of the average ticket is due to imposi- tion of 41 Federal and 20 state and local tax levies, which conclusions are based on attendance figures compiled by the Bureau of Economics in the U. S. Department of Agriculture. Du Art Pact Due Today Signatures are due to be affixed today to an agreement settling the labora- tory technicians' strike at Du Art Film Laboratories. Final details were approved by attorneys yesterday. A million -dollar playgirl turns amateur detective ... and digs up the murder of the year! . . . What mystery! . . . What ex- citement! . . . What fun . . . as your heart races to this super-speedy romance of a daring debutante and a handsome, heckling newshound!. It's the kind of a picture that rates MOTION PICTURE DAILY New York Previews "Men with Wings" (Paramount) William Wellman has gone a long way as a director since he turned out "Wings" as a silent spectacle of the air a number of years ago. In "Men With Wings" he provides a cavalcade of aviation from the first Wright brothers' flight at Kitty Hawk to the present day bombers, with magnificent aerial shots in Technicolor, but the story isn't simply a spectacle; it's a human record of dreaming and striving played close to the heart. A woman caught in the hypnosis engendered by flight spends her life sacrificing her love, first for her father then her husband. This brings in the element of pathos throughout, but in the end the thrill of achievement makes it seem worthwhile. Women and men and boys will all like it. Exhibitors can shoot the works on it. After the Kitty Hawk flight Walter Abel throws up his job as a news- paper man to design a plane of his own and loses his life in his first flight. Two boys take up where he leaves off. Their roles as grown men are played by Fred MacMurray and Ray Milland, and the girl who went up in their first experiment with a kite is played by Louise Campbell. MacMurray goes to war and becomes a famous pilot who can never get back to a prosaic life on land. Miss Campbell follows him to France as an army telephone operator and marries him after the armistice. Some of the dog fights in the air over France are extraordinary both for their pictorial beauty and drama. Milland stays at home as an airplane constructor for the army. He becomes an air mail pilot when mustered out. Later he and MacMurray team up in an airplane construction company, but in the end MacMur- ray succumbs to the intoxicating desire for more war flight and is killed in China. A parade of planes passes through the story with spectacular flying punctuating the development of its more intimate phases. Even the start of Lindbergh's flight is presented. Comedy relief is furnished by Andy Devine as a loyal airplane mechanic who sticks to Milland through everything. Emphasis on the spectacular content of the film is probably best for exploitation purposes, but the word-of-mouth advertising will be done by the women who watch a woman devote her life to the man she loves in spite of his shortcomings, while another waits in the shadows to comfort her. Running time, 105 minutes. "G." J. M. Jerauld * "G" designates general audience classification. Lexington Out En Masse to See Priscilla Lane, "Rat" Friday, October 21, 1938 Majors Confer On More Work For Musicians (Continued from page 1) ca the distributors' trade practice A otiating committee which was in s&sion with M.P.T.O.A. representa- tives yesterday. Harry D. Buckley, United Artists representative, also was unable to attend because of the press of other business. It is ex- pected that all eight companies will be represented at next week's meeting. Originally planned to include only the five companies having national circuit affiliations, the meeting was enlarged to include all eight major companies at the request of Joseph N. Weber, president of the A. F. of M., who held that field sales repre- sentatives of all companies might aid the Federation if instructed to urge the employment of musicians by thea- tres in the course of the usual con- tacts between the field sales forces and exhibitors. Weber's view, it was stated, was not pressed as an actual means of solving the problem of musicians' em- ployment, but did serve to illustrate that the discussions could become of sufficient general scope to interest more than the five theatre operating companies. Reduced employment of musicians in theatres is made up in part by the new employment of musicians in pro- duction, since the advent of sound pic- tures. All companies employ mu- sicians in their studios, where none might have been employed 10 years ago. Thus there has been some com- pensation for the reduction in employ- ment of musicians by theatres. Progress Reported On Trade Practices Trade practice conferences between the M. P. T. O. A. and the distribu- tors' negotiating committees were ad- journed after an all-day session yes- terday with further progress toward an agreement indicated. The next meeting is expected to be set today. No statement on yesterday's confer- ence was issued by William F. Rodg- ers, chairman and spokesman for the negotiating committees. The Allied States negotiating com- mittee will resume discussions today at the Columbia Universitv Club with Rodgers, Gradwell L. Sears and A. Montague. The Allied committee was unable to meet yesterday because a majority of its members also are mem- bers of the national Allied board which met in Atlantic City during the day. Indications are that the M. P. T. O. A. committee has carried its ne- gotiations as far as it can until the distributors' committee completes its discussions with Allied, which it may do today. Thereafter a unified pro- gram will be drawn to meet as many of the requirements of both exhibitor committees as possible. This coordi- nated program, it is believed, may be ready early next week following a meeting on Monday with representa- tives of six regional exhibitor organi- zations which are not affiliated with either M. P. T. O. A. or Allied. Final negotiations on the coordi- nated program might begin Tuesday. Lexington, Va., Oct. 20. — Most of the able-bodied citizens in this section of Virginia for 200 miles around turned out tonight to see Priscilla Lane and the preview of "Brother Rat." The original idea was to put the show on in one theatre, but Warners had to use two — the State and Lyric. Those who couldn't get in jammed the streets. It was a big night for Lexington. "Brother Rat" is a story of Vir- ginia Military Institute boys. Before the theatre showings, Miss Lane, Major General Charles Kilbourne, Academy superintendent; the V.M.I, orchestra, and the Glee Club broad- No. Carolina Meet Nov. 4 Charlotte, N. C, Oct. 20.— The Theatre Owners of North and South Carolina will hold its annual conven- tion Nov. 4 and 5. The committee in charge includes : Roy Smart, F. H. Beddingfield, George W. Parr, E. L. Hearne, W. T. Culpepper and H. E. Wessinger. cast over a 94-station hookup on Kate Smith's CBS program at 8 P. M. Wayne Morris and Johnny (Scat) Davis joined in from Cleveland where they are making personal appearances. After the broadcast General Kil- bourne, upper classmen, the school faculty, press dignitaries and others went to the State. The other three classes marched in uniform from the barracks to the Lyric. After the screenings Miss Lane was honor guest at a reception in the school gymnasium where she tried to dance with 710 cadets before having supper with General and Mrs. Kil- bourne. She will stay over until Fri- day to review the cadet corps and at- 5 End of Ostrer Suit Revives Maxwell Talk London, Oct. 20. — Settlement of the commission claim of Lawrence Howard, agent, against the Ostrers in connection with the sale of Metropolis & Bradford shares, revived rumors to- day that John Maxwell, head of the Associated British Pictures, has a five-year option to purchase control of Gaumont British. Howard was awarded a judgment with costs in the action involving the sale of a majority block of shares of M. & B., holding company which owns two-thirds of G. B. Howard sought £50,000 claimed due, and his attorney said the shares concerned would con- trol G. B. Contract for the sale was discussed in August, 1936, and was signed by Maxwell in October, 1936. M. & B. has capital of 10,000 A voting shares at £1 each, the Ostrers holding 5,100 shares. . There also are 1,000,000 B voting shares at eight shillings, three pence each, with the Ostrers holding 250,000 shares. The capital of Gau- mont British Pictures Corp. is £2,- 500,000 in 5,000,000 10-shilling shares, with M. & B. holding 2,915,000. Sir Patrick Hastings declared the Ostrers were always willing to pay Howard, the only question being how much he deserved. Film Companies Want Particulars In Federal Case (Continued from page 1) answers cannot be ready until after Nov. 1, present date for filing. It is understood that this procedure was under discussion at the second meeting between counsel for the com- panies and Department of Justice of- ficials held in Washington, Wednes- day. The procedure was made effec- tive in Federal jurisprudence about a month ago. Formerly, an applica- tion for a bill of particulars could not be made until after an answer had been filed. Now such an application must be made prior to the filing of answers, if at all. If the court grants the applications for bills of particulars the defendants' answers will not become due until the Department of Justice has complied with the order and furnished the de- fendants with particulars of its allega- tions. Grant Para. 30-Day Stay on N.D. Appeal A 30-day extension, to Nov. 22, of the time allowed Paramount for Shift Midwest Managers Kansas City, Oct. 20. — Edd Haas, district manager for Fox Midwest, has shifted Gene Kincaid to manage the Mainstreet at Lexington, Mo., succeeding Virgil Hewitt. Joe Rud- dick, assistant to Floyd Davis, man- ager for Fox at Marshall, Mo., goes to Springfield, as assistant to "Bob" Robertson, city manager. filing an appeal with the U. S. Su- preme Court from the lower court de- cision upholding the constitutionality of the North Dakota affiliated theatre divorce law was granted yesterday by the Federal statutory court at Fargo, Simpson, Thacher & Bartlett, Para- mount counsel, was advised. Attorneys for the company made their application for additional time a week ago. MOTION PICTURE DAILY RADIO Television Is About Ready, Says Sarnof f Television was the dominant topic at the annual fall meeting of the Radio Manufacturers' Association held at the Hotel Roosevelt yesterday. Salient developments were : 1. Statement by David Sarnoff, president of RCA, that television pro- grams will be on the air for at least two hours regularly each day by the time the World's Fair opens. 2. A statement by the Radio Manu- facturers' Association that it now recognizes the necessity of making television available to the public speed- ily so, as to determine the economic reactions to the art. 3. Decisions by a majority of the 25 set manufacturers present to manufac- ture television receiving sets for pub- lic by this spring. 4. Adoption of a proposal to urge a speedy consideration of the R.M.A's television standards by the Federal Communications Commission. The meeting also voted to nominate a committee to work with the Nation- al Association of Broadcasters, follow- ing a request for such action by Neville Miller, president of the N.A.B. Sarnoff 's statement that regular tele- vision service to the public was ready for introduction, proved to be the high- light of the meeting. He also repeated an announcement of some time ago that RCA is prepared to sell television transmitters to broadcasters wherever requested and that his company has started the manufacture of television receivers on a large scale on the theory that by spring the public would be asking for their purchase. Thompson to Unite Two Offices in West Los Angeles, Oct. 20. — The J. Walter Thompson agency will combine its Hollywood and Los Angeles of- fices in its own building, a new $250,- 000 structure opposite Hollywood Radio City, on Jan. 10. All operations here under the new setup will be uni- fied under the direction of Danny Danker, vice-president in charge of the Hollywood office. Coast radio programs handled by J. Walter Thompson from this sector include the Bing Crosby-Bob Burns program ; the script serial, "One Man's Family" ; the Chase & Sanborn Hour ; Lux "Radio Theatre," and "Those We Love," another script series. Funk Shifted to London Paul V. Funk, formerly director of research for Erwin, Wasey & Co., has been transferred to London where he will direct the marketing and research activities of the agency's office in that country. The Chicago office of Er- win, Wasey has been appointed adver- tising counsel for Steele-Wedeles. Ad Men Honor Francisco Don Francisco, new president of Lord & Thomas, will be tendered a luncheon by the Advertising Club of New York on Thursday. WMCA will carry the broadcast of the proceed- ings at 1:15 P. M. ► Radio Personals 4 A SHORT talk on television by Robert Harding, Jr., director of Television Training Corp. and president of National Television Corp., will describe the art in a talk on Mu- tual tomorrow at 1 :30 P. M. . . . Bil- lie Burke will make a guest appear- ance on the Bob Hope show Tuesday. . . . Alonzo Dean Cole now doing the "Gang Buster" dramatizations . . . Jimmie Lunceford switching from Decca recordings to Vocalians. + The hit tune from Paramount's "Thanks for the Memory," Bob Hope- Shirley Ross feature, will be intro- duced on the air tonight over "Holly- wood Hotel" when Frances Langford and Jean Sablon sing it. . . . Hal Davis of the CBS press department has written his first tune, "Shades of Gray," turned out in collaboration with Walter Bishop. Roy Music Co. will publish. + A new magazine titled Jam Sessions is in the works. . . . Sonny Schuyler has replaced Bob Lawrence as vocal- ist with the Whiteman band. . . . Herbie Kay gets in Nov. 11 to do a week of playing at the General Motors auto show. . . . Peter Lorre has been signed for an appearance on the Eddie Cantor program next week. . . . Cantor, incidentally, will bring his troupe to New York for an appearance at the "Night of Stars" and to make a few broadcasts from the east. . . . Henriette Feldstein is the writer of the new WMCA serializa- tion, "Little Shaver." . . . Hal Janis, Bert Lee and Hank Whittaker of the WMCA sports staff to Baltimore to cover the Navy-Princeton game. + Foster May, WOW newscaster, is the father of a baby girl . . . Bob Burt, KOIL's singing office boy, is back on the air . . . Arthur Faust, KOIL dramatic director, is on the coast . . . Gay Avery, WOW an- nouncer, and Laura York of the sta- tion's • program department, are en- gaged. Stern Assigned to Arco Sport Program Bill Stern has been assigned to do the forthcoming sports program for Arco Skate Co., which starts on WJZ Christmas Day. In addition to the live show on WJZ, the sponsor will place trans- cribed versions of the program over a score of stations of CBS, NBC and Mutual. Streibert a Father Ted Streibert, vice-president and general manager of WOR and vice- president of the Mutual Broadcasting System, is the father of a boy born yesterday morning at the Brooklyn Hospital. "Moonbeams" to WAAB George Shackley's "Moonbeams," an early favorite just returned to WOR as a sustaining feature, has been sold commercially over WAAB, to the Gambarelli & Davitto Co. Sponsor- ship starts today. Hearings Ordered On Station Pleas Washington, Oct. 20. — Exam- iners' hearings have been ordered by the Federal Communications Commis- sion on a number of broadcasting ap- plications, including the new-station applications of James F. Hopkins, Inc., for a 1,400-kilocycle, 250-watt trans- mitter at Ann Arbor, and Sweetwater Radio, Inc., for a 1,210-kilocycle, 250- watt, day station at Sweetwater, Tex. Other applications on which hear- ings are to be heard are those of WBAL, Baltimore, for increase of power from 10,000 to 50,000 watts and extension of time from sharing to un- limited ; KTEM, Temple, Tex., for extension of time from day to unlim- ited with 100 watts night, 250 watts day ; WDRC, Hartford, for increase of night power from 1,000 to 5,000 watts; WMFF, Pittsburgh, N. Y., for change of frequency from 1,310 to 1,240 kilocycles and increase of power from 100 watts night, 250 watts day, to 1,000 watts ; WHA, Madison, for change of frequency from 940 to 670 kilocycles, extension of time from dav to unlimited and increase of power from 5,000 to 50,000 watts; WTHT, Hartford, for increase of day power from 100 to 250 watts, and WRR, Dallas, for increase of power from 500 to 1,000 watts. The commission announced that it has received examiners' reports rec- ommending the granting of applica- tions of WEST, Easton, Pa., and WKBO, Harrisburg, Pa., for change of hours from sharing with each other to unlimited, and Pontiac Broadcast- ing Co. for an 1,100-kilocycle, 1,000- watt daytime station at Pontiac, Mich. To grant the Pontiac application, Examiner John P. Bramhall recom- mended denial of an application of King-Trendle Broadcasting Corp. for a 1,440-kilocycle, 250-watt station in that city, and dismissal with prejudice of an application of George B. Storer for a Pontiac station on 600 kilocycles, with 250 watts power. Reservations Coming In for MPTOA Meet Oklahoma City, Oct. 20. — The Altec Service Corp. of Kansas City, has made reservations for five per- sons to attend the national convention of the M. P. T. O. A. here Oct. 30 through Nov. 2, according to Morris Loewenstein, convention chairman. They are L. W. Connor, S. W. Hand, W. E. Gregory, C. J. Zern and Obie Hunt. Milton C. Moore, president of the Southeastern Theatre Owners Asso- ciation of Florida, has wired in reser- vations to Loewenstein for 18 exhibi- tors from Florida. S. S. Stevenson, president of the Theatre Owners of North and South Carolina, will represent his organiza- tion at the convention. New Show Over WSAI Cincinnati, Oct. 20. — "Football Highlights," a new commercial spon- sored by Bavarian Brewing Co., Cov- ington, Ky., has started on WSAI, Thursday, Friday and Saturday, 7:30 to 7:45 P. M. Red Barber and Dick Bray, WLW-WSAI sportscasters, are featured. Account placed by J. Ralph Corbett, to run during the football season. Friday, October 21, 1938 Allied Goes Into Games Pro and Con Atlantic City, Oct. 20. — Such games as Bingo, Bank Night and the like were hotly debated here today. Allied Theatre Owners of New York, holding its first annual conven- tion at the Ritz Carlton, discusseA ^ question and heard a report f ronr ?L G. Kosch, counsel. Allied Theatre Owners of New Jersey, in its 19th annual convention in the same hotel, went on record against the games. President Irving Dollinger said it was by a divided vote, and followed what he described as "a complete and thorough dis- cussion," the sounds of which pene- trated strikingly through the locked doors of the meeting room. Kosch reported to New York Al- lied on the drive in his city by the Society for Prevention of Crime, and on its pending test case to outlaw the games as lotteries. The New York group postponed its election, scheduled for today, until a later meeting in New York, whose date has not been decided. The New Jersey exhibitors re- elected Dollinger as president. George Gold and Ralph Wilkins were chosen vice-president, and Jacob Unger and David Snaper were reelected secre- tary and treasurer. Broadway Tax Take Gains in September Washington, Oct. 20. — Federal ad- mission tax collections in the Third New York (Broadway) district, which dropped from $681,445 in July to $282,513 in August, turned upward in September to reach $377,360, it was reported today by the Bureau of In- ternal Revenue. The month's collections, however, the report stated, were $65,000 under the $442,546 received in September, 1937. Improvement in box-office collec- tions accounted for more than the net gain in total receipts, increasing from $243,909 in August to $337,366 in Sep- tember, approximately $70,000 under the September, 1937, figure of $407,- 698. The only other items to show im- provements were collections on free or reduced rate admissions, which jumped from $324 to $4,117, and on tickets sold by proprietors in excess of the established price, which in- creased from $36 to $3,145. Collec- tions on tickets sold by brokers dropped from $3,970 in August to $2,483 the following month, while re- ceipts from permanent use or lease of boxes and seats dropped from $342 to $55, and admissions to roof gardens and cabarets from $33,931 to $30,193. Poll Conn. MPTO on Convention Topics New Haven, Oct. 20. — Connecticut M. P. T. O. members are being can- vassed by mail for recommendations to be presented at the M.P.T.O.A. con- vention in Oklahoma City Oct. 31- Nov. 2 and all recommendations will be formally presented at a meeting next Tuesday at the Hofbrau Haus Restaurant. Irving C. Jacocks, Jr., president, will preside. Alert. Intelligent to the Picture Industry ■~> with $9,000 at the Denhain, and "Boys •Town" and "Rich Man — Poor Girl" grossed a fair $3,000 at the Broadway. Estimated takings for the week ending Oct. 19: "Five of a Kind" (20th-Fox) ALADDIN — (1,400) (25c-40c) 7 days. Gross: $3,500. (Average, $3,500) "Boys Town" (M-G-M) "Rich Man— Poor Girl" (M-G-M) BROADWAY— (1,100) (25c-40c) 7 days, both after two weeks at the Orpheum. Gross: $3,000. (Average, $2,500) "Arkansas Traveler" (Para.) DENHAM — (1,750) (25c-35c-40c) 7 days. Gross, $9,000. (Average, $5,500) "That Certain Age" (Univ.) DENVER— (2,525) (25c-35c-50c) 7 days, and 100-piece WPA orchestra. Gross, $10,000. (Average, $8,500) "Too Hot to Handle" (M-G-M) "Block-Heads" (M-G-M) ORPHEUM— (2,600) (25c-35c-40c) 7 days. Gross, $14,000. (Average, $7,500) "Five of a Kind" (20th-Fox) "Meet .the Girls" (20th-Fox) PARAMOUNT— (2,200) (25c-40c) 7 days. Gross, $3,000. (Average, $3,500) "Hold That Coed" (20th-Fox) "Danger on the Air" (Univ.) RIALTO— (878) (25c-40c) 7 days. "Coed" after a week at the Denver. Gross, $1,750. (Average, $1,750) Lord Given $15,000 In Pathe Settlement Phillips H. Lord has received $15,- 000 in settlement of his $48,000 breach of contract suit against Pathe News, Inc. This compromise ended the trial of the action which was going on be- fore Judge Clarence G. Galston and a jury in the U. S. District Court here. The plaintiff had testified at the trial to a contract he had with Pathe News, whereby the defendant agreed to sup- ply him with cameramen, technicians and film equipment for a proposed trip around the world. The trip was to be made to photograph interesting locali- ties, Lord claimed, but Pathe had al- legedly refused to carry out its con- tract. Adjourn Barnes Hearing Final hearing in the infringement suit brought by Margaret Ayer Barnes and Edward Sheldon against Moredall Realty Corp., owners of the Capitol, has been adjourned because of other engagements of Special Master Kenneth E. Walser. No new date has been set. The hearings are being held to determine the profits earned by the exhibition of "Letty Lynton," which the plaintiffs contend was plagiarized from their play, "Dishonored Lady." Record for Drive Short "The World Is Ours," the all-in- dustry short subject produced for the Motion Pictures' Greatest Year cam- paign, will have the widest domestic distribution of any picture ever re- leased. More than 1,000 prints will be distributed to make the subject available to every theatre in the country. The first print is now en route to campaign headquarters from Hollywood. Harmanus Drops Plays Albany, Oct. 23. — Stage plays with name screen actresses have faded out of Fabian's Harmanus Bleecker Hall after a six-week trial. The new policy features two films half of the week with a name band and a picture the remainder. David on Wedding Trip Salt Lake City, Oct. 23. — Harry David, vice-president and general manager of Intermountain Theatres, Inc., is touring the east with his bride, formerly Dora M. Kiser of Salt Lake. The wedding took place in Colorado Springs. 5 Horror Dual, "Age" Leaders In Cincinnati Cincinnati, Oct. 23. — "That Cer- tain Age" took top money last week with $16,500 at the RKO Palace. The surprise take was registered at the RKO Lyric with "Franken- stein" and "Dracula," on a double bill, hitting $9,500, a record for re- cent years. This rated a holdover. "Boys Town" racked $6,500 on its third downtown week at the RKO Capitol. Estimated takings for the week end- ing Oct. 20 : "Straight, Place and Show" (20th-Fox) RKO ALBEE — (3,300), (35c-42c) 6 days. Gross: $6,800. (Average, 7 days, $12,000) "That Certain Age" (Univ.) RKO PALACE -(2,700), (35c-42c) 7 davs. Gross: $16,500. (Average. $10,000) Moved to RKO Capitol. "You Can't Take It With You" (Col.) RKO SHUBERT— (2,150), (35c-40c-55c) 7 days, 3rd week. Gross: $9,100. (Average, $12,000) Held. "Boys Town" (M-G-M) RKO CAPITOL— (2,000), (35c-42c) 7 days, 3rd downtown week. Gross: $6,500. (Aver- age, $6,500) Moved to RKO Grand. "Frankenstein" (Univ.) "Dracula" (Univ.) RKO LYRIC— (1,400), (35c-42c) 7 days. Gross: $9,500. (Average, $6,500) Held. "Too Hot to Handle" (M-G-M) RKO GRAND— (1,200), (25c-40c) 7 days, 3rd downtown week. Gross: $2,650. (Aver- age, $2,750) "Mysterious Mr. Moto" (2. promising a later memorandum on which an appeal may be based, de- clared the legislature exceeded its au- thority in enacting the amendment to the law which made lotteries il- legal, and which stated that no special privileges could be granted. State's Attorney General Hubert Meredith is studying the legality of the "Movie Quiz" contest, part of the Motion Pictures' Greatest Year drive. "Kildare" 1st Metro To Play Music Hall "Young Dr. Kildare," which opens at the Music Hall on Thursday, will be the first M-G-M film to be booked at the theatre. Five days of "The Mad Miss Manton" indicate a $75,- 000 week there. At the Roxy, "Suez" continued strong with $30,295 over the week- end for a total of $92,657 for 10 days. It will be held for a third week. "Stablemates" will be kept for a sec- ond week at the Capitol. "The Sis- ters" will begin a third week at the Strand on Thursday, with "Brother Rat" next. "If I Were King" ends four weeks at the Paramount today to make way for "Men With Wings" tomorrow. $36,000 is indicated for the fourth week. "Service De Luxe" is grossing well at the Rivoli. "Youth Takes a Fling" took $15,000 there last week. "Marie Antoinette" enters its eleventh week at the Astor today with $6,500 reported for the tenth. "This'll Make You Whistle," a Herbert Wilcox production, will have its American premiere at the 55th St. Playhouse on Monday after "Edge of the World" ends a seven- week run. "Grand Illusion" starts its seventh week at the Filmarte today. David Loew to Take South American Trip David L. Loew plans a two-month vacation in Central and South Ameri- ca. He will sail with Mrs. Loew Nov. 5 on the Santa Lucia to meet his brother, Arthur Loew, in Panama, and the two will continue to South America from there, returning about Dec. 27. David Loew arrived from the coast by train yesterday. He said he had no commitments for the immediate fu- ture and had discussed no deals with Hart Testimony Started Trial of the $500,000 damage suit of Mary and William S. Hart against United Artists Corp. started yester- day in the N. Y. Supreme Court be- fore Justice Bernard L. Shientag and a jury. The greater part of the day was taken up with the testimony of Hart, who claimed that in 1925 he had a contract with the defendant for the distribution of "Tumbleweed." API putting on wr saeatr foot lamberts* is con: sidered the W htness TtoHfootlambertsis screen bnghtne • range of recommended as tne Yetsome T.hT 10.000 foot la-be*- » So the bri^est screen projection light- dard unit of brightness. The foot lambert is the stan prjDODQODDODQOOD _ )WITH NATIONAL SUPREX „ 'O rjOOOOOOOODOOOaociun. 0DO001D00D 0000000^ 0 AND MODERN ( TIONAL CARBON COMPANY, INC Unit of Union Carbide HIM and Carbon Corporation CARBON SALES DIVISION, CLEVELAND, OHIO General Offices: 30 East 42nd Street, New York, N. Y. BJUICHJJLES OFFJCES: HflOORK PITTSBURGH CHICAGO - Sil FRiilJliiilllJ t-opyriehted 19.18 — National Carbon Company. Inc 12 RADIO MOTION PICTURE DAILY Tuesday, October 25, 1938 Busy Hearing Week on Tap For the FCC Washington, Oct. 24. — The Fed- eral Communications Commission has set hearings during the current week as follows : Oct. 26, before an examiner : Ap plications of South Nebraska Broad- casting Co., for a 920-kilocycle sta- tion at Hastings, Neb., with 1,000 watts night, 5,000 watts day; KROC, Rochester, Minn., for change of fre- quency from 1,310 to 920 kilocycles and increase of power from 100 watts night, 250 watts day, to 500 watts night, 1,000 watts day. Oct. 27, before the commission : Applications of Eastern Carolina Broadcasting Co., for a 1,370-kilo- cycle, 100-watt station at Goldsboro, N. C, and WRBL, Columbus, Ga., for change of frequency from 1,200 to 1,330 kilocycles and increase of power from 100 watts night, 250 watts day, to 1,000 watts; WPRA, Mayaguez, P. R., for change of frequency from 1,370 to 780 kilocycles, extension of time from specified hours to unlimited and increase of power from 100 watts night, 250 watts day, to 1,000 watts night, 2,500 watts day; WNLC, New London, for extension of time from day to unlimited, and WDAE, Tampa, for change of frequency from 1,220 to 780 kilocycles. Oct. 28, before an examiner : Ap- plications of Cascade Broadcasting Co., Inc., for a 1 ,420-kilocycle station at Everett, Wash., with 100 watts night, 250 watts day, and KRKO, Everett, Wash., for extension of time from sharing to unlimited and in- crease of power from 50 watts to 100 watts night, 250 watts day. The commission also has assigned tentative dates for future hearings, as follows : Nov. 2, before an examiner : Ap- plications of Eastern Nevada Broad- casting Co., for a 1,500-kilocycle, 100- watt daytime station at Ely, Nev. ; Cuyahoga Valley Broadcasting Co., for a 1,500-kilocycle, 100-watt day- time station at Cleveland, and WHAI, Greenfield, Mass., for extension of time from day to unlimited with 100 watts night, 250 watts day. Jan. 9, before an examiner : Appli- cations of Lawrence J. Heller for a 1,310-kilocycle station at Washington, D. C, with 100 watts night, 250 watts dav, and KGNO, Dodge City, Kan., for increase of power from 250 to 500 watts. Jan. 23, before an examiner : Ap- plication of WFIL, Philadelphia, for increase of day power from 1,000 to 5.000 watts. Feb. 6, before an examiner : Ap- plications of Kingston Broadcasting Corp., for a 1,500-kilocycle, 100-watt daytime station at Kingston, N. Y., and WCBS, Inc., for a 1,290-kilocycle, 1,000-watt station at Springfield, 111. WMCA in Chicago Office WMCA has opened a Chicago sales office, with John Mackenzie Ward and G. B. McDermott as account execu- tives in charge. The new sales unit will provide consultant facilities for programs as well as promotion and sales data. ► Radio Personals < JACK SALTER, vice-president of Columbia Concerts, Inc., off to attend the openings of several of the stars on the Evans & Salter list. The trip will take him to California, and will include attendance at the joint Nino Martini-Helen Jepson con- cert in Atlanta, Igor Gorin's ap- pearance with the Chicago Women's Symphony and Yehudi Menuhin's opening concert with the Los Angeles Symphony. . . . Myron Selznick, Ltd.,, has set a guest appearance for Raymond Massey on the Magic Key program Nov. 6. Deal was arranged by Herman Bernie. . . . Alex Holden, manager of Hal Kemp and Skinnay Ennis, in town to set Kemp's vaudeville tour, which begins Nov. 6. . . . Stuff Smith's orchestra set to do a week at the Howard in Wash- ington starting Nov. 25. . . . The "Merry Macs," quartet fea- tured on Fred Allen's program, and the Al Donahue orchestra have been signed to make shorts for Warners. . . . Passengers on United Airliners to the coast last night were Frank Parker and Irene Rich. . . . John Reed King, CBS announcer, is the father of a girl, Joan English King. • . . Earl H. Gammons, of WCCO, Minneapolis, is in town for the week on business. . . . John Brownlee, Aus- tralian baritone of the Metropolitan Opera, left last night on a concert tour which includes roles with the Chicago Civic Opera and Chicago Civic Opera companies. Hays to Do 2 Radio Talks During Week Will H. Hays is scheduled for two radio talks this week. Today he will speak for about 10 minutes over NBC in the Herald-Tribune Forum, which this year is devoted to the general topic of "Keeping the Mind of the Nation Young." Hays will, of course, explain the application of films. On Sunday, Hays will speak for four minutes at 2:30 P. M. in con- nection with the 150th anniversary of the General Assembly of the Presby- terian Church. Hays is an elder in the church. Linton Wells on Tour Linton Wells, radio commentator, has left New York to make personal appearances in 15 cities and to fill a guest engagement with the Lux "Radio Theatre" in Hollywood Nov. 7. Mrs. Wells, who is accompanying him, also will appear on the Lux hour. From Hankow From Hankow today at 6:05 P. M. NBC will present Paul Dorsey in a broadcast in which Dorsey will give an eyewit- ness account of some of the recent battles of the Sino- Japanese war. Dorsey, a newspaperman and photog- rapher, went to China on as- signments from NBC and a news syndicate. Talent Lined Up for Night of Stars Show Eddie Cantor, Irving Berlin and Al Jolson will head the list of more than 400 stars of stage, screen, radio and opera who will participate in the fifth annual "Night of Stars" at Madison Square Garden, Nov. 16 for the bene- fit of settlement in Palestine for Jew- ish refugees from Europe. Ben A. Boyar, associate chairman, heads a producing committee here, while Louis K. Sidney of M-G-M, producing committee chairman, is handling the coast group. Cantor, Jolson, George Jessel, Harry Hersh- field, Milton Berle and Henny Young- man will alternate as masters of cere- monies. Philip Morris Will Drop Quiz Program Although the order has not come through officially yet, it is learned that the Philip Morris Co. will not continue its present show on Mutual, "What's My Name?" a quiz series handled by Budd Hulick and Arlene Francis. Pet Milk Renews Series Pet Milk Co. sponsoring Mary Lee Taylor, home economist over CBS, 57 stations coast-to-coast Tuesdays and Thursdays, has renewed the show for another year, effective Nov. 1. New Shows on the Air "No School Today" "No School Today" on NBC re- mains one of the best children's pro- grams radio has to offer. Its stays are "Jolly" Bill Steinke, FVids and Hall, and Kel Keech, all veterans in the difficult task of providing suit- able yet pleasant entertainment for juveniles. Steinke burdens the script side of the program, serving as "Editor Bill" for the Junior News Safety Reporter, a publication sponsored by the pro- gram to promote the safety idea among youngsters. A suitable prize is given to the listener who each week writes the best slogan for the move- ment. Steinke also gives readings of news that might interest youngsters. Fields and Hall work pleasantly in song, and Keech serves as "em cee." The program is presented Saturdays on the NBC-Red at 11 P.M. Banner Howard Talks at WCPO Cincinnati, Oct. 24. — Jack How- ard, president of Scripps-Howard Radio, Inc., is in town conferring with officials of WCPO, Cincinnati Post clear channel station. For OKLAHOMA CITY 18th (and Biggest) Annual Convention of MPTOA October 30th through November 2nd at the Hotel Biltmore Rates: $2. SO up. Reservations :i. C. Rider, Biltmtro Hotel, Oklahoma City, Oklt. Alert. Intelligent to thi Picture Industry MOTION PICTURE DAILY First in Film an< Kim 44. NO. 82 NEW YORK, WEDNESDAY, OCTOBER 26, 1938 TEN CENTS NAB Opposes Proposed Ban On Liquor Ads Miller Declares Unfair Precedent Involved Washington, Oct. 25. — Strong protest against any action barring liquor advertising from radio while permitting it through other media was voiced today by Neville Miller, presi- dent of the National Association of Broadcasters. The demand of the broadcasters for equal treatment with other advertising- media was made by Miller at a meet- ing called by the Federal Alcohol Control Administration to discuss uniformity in advertising. Radio has consistently been con- scious of its social responsibilities and has cooperated with liquor organiza- tions and Government in applying re- straints, he said, insisting that it would be a very dangerous precedent to enact legislation or adopt regula- tions prohibiting broadcast advertising without imposing similar restrictions on other forms of publicity. Adjourn Hearing On RKO to Nov.22 Federal Judge William Bondy to- day adjourned the hearing on the confirmation of the proposed plan of reorganization of RKO to Nov. 22 at 2:30 P. M. and indicated that sev- eral questions concerning the plan would be considered at length by him. Judge Bondy remarked that the briefs which were submitted were so volu- minous that because of the pressure of duties in the motion department of the court it might require a week or more to go through them. The judge stated that he was al- ready working on the question of the confirmation but that there was no assurance that he would be able finally to render a decision Nov. 22. Warners Close Deal With Gaumont, Paris Warners have closed a deal with the Gaumont Theatre Circuit, Paris, for distribution of their product in the circuit's 20 houses, 10 of which are Parisian first runs. The first film to be played under the deal will be "The (Continued on page 4) Radio — Page 8 Reject Suit Truce Chicago, Oct. 25. — Chances of an early settlement of the independent exhibitors' anti- trust suit against B. & K. and major distributors were dimmed today when Illinois Allied members voted to in- struct their attorneys to pro- ceed with the litigation de- spite the serious setback ex- perienced last week when the Federal court refused their application for a preliminary injunction pending trial. Local defendants are in- clined to regard the vote as a tactical maneuver. "King" Sets 4-Week Mark at Paramount New attendance record of 428,000 admissions for four weeks at the Paramount was set by "If I Were King" when it ended its run last night. The last week's take of $35,- 000 brought the total gross to $205,- 000, a new four-week high. After a special preview last night, "Men With Wings" is set for an indefinite run. . "Suez" at the Roxy and "The Sis- ters" at the Strand are held over. No closing date has yet been set for the horror double, "Frankenstein" and "Dracula," at the Rialto. "Young Dr. Kildare" will have its premiere at the Music Hall tomorrow. "Five of a Kind" will open at the Globe on Saturday after a three-week run for "Dark Rapture." At' the Bel- mont, "Irish and Proud of It," Guaranteed release, will start Satur- day. SCREENS MUST BE FREE, SAYS HAYS Coordination of Four A's Awaits Gillmore's Return Return next week of Frank Gill- more, president of Associated Actors and Artistes of America, is expected to stimulate efforts to coordinate the work of the 11 member unions and give the parent body greater power. It is known that a great portion of the actor membership resents the ne- cessity of carrying additional cards for work in allied fields. Some members of the American Federation of Radio Artists pay dues to five separate or- ganizations. In areas where each union has a small membership, it is planned to have one office which will act for all. At the present time, regional offices are a major problem. On the coast and in New York, officials hope to set up all offices in one building so that time now spent settling juris- dictional problems can be minimized. Until methods of elections, han- dling of each group's special problems and representation can be worked out, there is little hope for any major changes. The constitutional amend- ments that would be required to ef- fect any change cannot be passed un- til each union holds a membership meeting. Sentiment among members, however, is strong for a change and some efforts in that direction may be expected shortly. U.S. Film Companies Start Ending Italian Activities American distribution companies operating their own branches in Italy began liquidation of their properties in that country early this week, it was learned here yesterday. The liquidating process will be con- tinued through the next two months on a scale calculated to complete the move by Dec. 31, the date on which the Italian decree establishing the E. N. I. C. as a government controlled monopoly for distribution of foreign films in Italy becomes effective. The liquidation follows upon Italy's offi- cial refusal to modify the decree in any manner. As a result, unless Italy reverses its present stand during the next two months, all American com- panies will be out of business in that country by the end of the year. The companies which operate their own branches in Italy and have be- gun to liquidate them are Warners, Loew's, Paramount and 20th Century- Fox. The other four major compa- nies, RKO, United Artists, Univer- sal and Columbia, distribute through Italian sales representatives. In con- sequence, they have no physical prop- erty to liquidate and their contracts with their sales representatives will be terminated as of the effective date of the decree, if there is no change in the situation before that time. Film shipments to Italy were dis- continued earlier by all majors. At Herald-Tribune Forum Industry Head Hits At Propaganda Will H. Hays, president of the Motion Picture Producers and Distributors of America, address- ing the N. Y. Herald-Tribune Forum, yesterday, at the Waldorf- Astoria, called American motion pictures a symbol of liberty and he pointed out that the screen is a free medium and urged that it be kept free. Approximately 2,500 heard his speech. It was broadcast over the NBC Blue network. Hays paid tribute to the public spirit and sincerity of the men and women in the business. He said : "We who are concerned in the man- agement of this industry regard our- selves as trustees for the eighty-five million owners who every week in this country alone see motion pictures. "These eighty-five million desire neither political censorship nor the substitution of advertising for the (.Continued on page 4) "Quiz" Extension Plan Voted Down No extension of the "Movie Quiz" contest beyond Dec. 31 is to be made. This was de- cided yesterday at a meeting of the executive committee of the Motion Pictures Greatest Year Drive. Majority opinion of regional chairmen was against an extension, it was found. Since the idea of lengthening the campaign was broached about two weeks ago opinion has been sought in the field. Yesterday's decision was based upon sentiment gath- ered by the regional heads. George J. Schaefer issued a statement in which he said the original dates, Sept. 1 to Dec. 31, were chosen with the idea that public interest could be maintained that length of time. It was felt, the com- mittee indicated, that an ex- tension would "not be keep- ing faith with the public." More than 30.000,000 book- lets have been distributed, it was pointed out. and these contain the specific statement that the contest will end Dec. 31. MOTION PICTURE DAILY Wednesday, October 26, 1938 Schaefer and RKO GOOD judgment has been shown in selecting George J. Schaefer to run RKO. RKO is to be congratulated. The trade knows Schaefer and it is proud of him. He is honest and capable. RKO is in the black now. Leo Spitz did this. Spitz lent dignity to RKO, infused courage into the operations and inspired devotion to duty. It takes a good man to follow Spitz. Schaefer is that kind. He is a showman. Spitz fought against great odds and faction- ■ , George J. Solmeter a 1 differ- ences to straighten out RKO. Schaefer is a fighter, too. In accepting the job, Schaefer takes on the toughest operating task in the industry, notwithstand- ing what has already been accom- plished for RKO, by Spitz. Running RKO has always been a tough job. It is no secret, in the trade or elsewhere, that there has been in RKO too much outside non-showman influence. There has been factional ownership and divided loyalty. Receivership nor bankruptcy wiped this out. But Schaefer is an experienced administrator. He is qualified. Schaefer is not an overnight prod- uct of the business, or the bankers. He has had the greatest teachers. Having been a protege and dis- ciple of Sidney R. Kent is Schae- fer's greatest business asset. Under Kent's tutelage, Schaefer devel- oped into industry leadership. And Schaefer has been fortunate additionally in having the friend- ship and constant counsel of Spitz for many years. Until RKO emerges from 77b, Schaefer has limited authority only. Irving Trust Company, RKO trustee, still is in charge. After reorganization, RKO will continue to be profit-making and successful only insofar as the powers that be, in their good judgment, turn over the operating reins of the company fully to Schaefer, and factional differences are eliminated. S. S. Insiders' Outlook "D URING the period of his service," reads a resolution adopted by the directors of K-A-0 following the resignation of Leo Spitz, "we, his fellow directors, through intimate association with him, have had ample opportunity to observe his great zeal and energy in the performance of his duties and to appreciate the great bene- fits which have flowed to our company through his wide expe- rience in and thorough knowl- edge of the problems of the mo- tion picture industry . . . express our deep regret in the acceptance of his resignation, and our sincere and earnest wishes for the con- tinuance of his interest in the motion picture industry and for a long and happy association with it." T T Carl E. Milliken, M.P.P.DA. secretary, will speak at the Northeastern Ohio Teachers' Association convention in Cleve- land Friday on the educational values in motion pictures. ▼ ▼ Stephen Pallos, general sales manager of London Films (Korda), who has been here sev- eral weeks for home office con- ferences with Maurice Silver- stone, operating head of United Artist and other U. A. execu- tives, sails Friday, for London, aboard the Queen Mary. T ▼ Ed Kuykendall's reelection to the M. P. T. O. A. presidency for another year is accepted as a foregone conclusion in the organ- ization's ranks. Other possible candidates have declined to run. It will be Kuvkendall's sixth year as M. P. T. O. A. head. Four of his past five years in office have been directed toward the acceptance by the industry of a plan of self-regulation of trade practices for exhibition and distribution. With a definite pro- gram near at hand, the M. P. T. O. A. membership is anxious to continue Kuykendall in his pres- ent post in order to see it an ac- complished fact. The annual elec- tion of officers will open the M. P. T. O. A. convention at Okla- homa City Sunday. ▼ ▼ Both the Palace and Harmanus Bleecker Hall in Albany went out of pictures into politics one night this week. The Democrats hired the Palace for Governor Lehman and his colleagues, while the Re- publicans took over the Hall for Thomas E. Dewey. T T When fires broke out in the Adirondack forests near Specu- lator, N. Y., Harry Gallup, who operates the Adirondack there, abandoned theatre operation to join the forest rangers in their fire fighting, while Mrs. Gallup ran the theatre. T T Months ago, Stuart F. Doyle of Australia fussed the trade press with word that he would con- struct and operate a new theatre chain in South Africa. Up to that time, it seemed, Doyle had never even seen the British- Dutch Veldt. In the meantime, relations between United Artists and South African Theatres (Schlesinger) have been more strongly welded. Relations be- tween these firms have never been at a more amicable point. T T Charles Curran collaborated with Lawrence Kemble on the screenplay, "Jane Arden," which Warners intend to film. Curran is a former advertising; man, having served here with Warners, under S. Charles Einfeld, and more recently with the advertis- ing firm of Donahue & Coe. Cur- ran's assignment at the Warner studios runs out Oct. 29. Goltz Named Head of U. A.'s Tokyo Branch Joe Goltz, who has been with M-G-M for the past 10 years in South America and the Orient, has been named by Arthur W. Kelly to take charge of United Artists' office at Tokyo. He will succeed A. A. Lowe, who will return to the New York office for a vacation before receiving another assignment. Goltz will sail for his new post Oct. 29 on the Empress of Asia. Herbert Ampa Guest Hugh Herbert is scheduled to ap- pear at the Ampa meeting tomorrow at the Astor which will start off the ad men's activities for the season. The main speaker will be Maurice Silverstone, general manager of United Artists. The committee is arranging a program of entertainment. 20th-Fox Plays Host At Movietone Studio Twentieth Century-Fox yesterday was host to many industry figures at a reception marking the official opening of the new Movietone studio, the newest addition to what the com- pany calls "Manhattan's Movietone City." The studio, at 53rd St. and 10th Ave., adds 7,500 square feet of studio space to Movietone's facilities The space will be initiated week after next with the shooting: of the second of Vyvyan Donner's color shorts on fashions, utilizing the swim- ming pool and underwater compart- ment which is a part of the stage. Retitle "Spring Dance" Hollywood, Oct. 25. — "Spring Madness" will be the release title of M-G-M's "Spring Dance." Coast Busy on 34; 7 Start; 12 Finish Hollywood, Oct. 25. — Thirty-four pictures were before the cameras at the start of the week, as seven started and 12 finished. Twenty-seven are in final stages of preparation, and 65 are being edited. Those started were : "Life ^Js Cheap," Columbia; "Idiot's Deli«€/_ and "New York Cinderella," M-G-iva ; "Little Tenderfoot," Monogram ; "Pa- cific Liner," RKO; "Bloom on the Sage," Republic ; "Plane 66," Uni- versal. In addition, those shooting were : "There's That Woman Again," "In- ternational Spy" and "Wreckage," Columbia ; "Dramatic School," "Ice Follies," "Stand Up and Fight," "A Christmas Carol," "The Wizard of Oz" and "Katharine the Last," M-G-M; "Ambush" and "Cafe So- ciety," Paramount ; "The Pure in Mind," "Love Affair" and "The Great Man Votes," RKO; "Orphans of the Street," Republic ; "Jesse James," "Kentucky," "Tail Spin," "The Little Princess," "Thanks for Everything" and "The Three Musketeers," 20th Century-Fox ; "Little Tough Guys in Society," "The Eagle Scout," "Ghost Town Riders," "The Dead Don't Care," Universal ; "Dark Victory," "Oklahoma Kid," Warners. Finished were : "Trail of the Tum- bleweed," Columbia ; "Out West with the Hardys" and "Spring Dance," M-G-M ; "Gunda Din," RKO ; "Santa Fe Stampede" and an untitled Roy Rogers vehicle, Republic ; "Made for Each Other," Selznick ; "Samson and the Ladies," "A Bundle of Joy," 20th Century-Fox; "Buck Rogers," Uni- versal ; "Secret Service in the Air," Warners. The only activity in the short sub- jects field is that at M-G-M, where two are shooting. Four are being prepared — three at M-G-M and one at Warners. Seven are being edited. Delay MPTO Meeting Seattle, Oct. 25. — The annual con- vention of the Motion Picture Thea- tre Owners of Washington, originally scheduled for Oct. 28, has been post- poned until Nov. 18. The change was made to bring the local session after the national M.P.T.O.A. convention in Oklahoma City. MOTION PICTURE DAILY (.Registered V. S. Patent Office) MARTIN QUIGLEY. Editor-in-Chief and Publisher; SAM SHAIN. Editor: JAMES A. CRON, Advertising Manager. Published daily except Saturday, Sunday and holidays by Quigley Publishing Company, Inc., Martin Quigley, president; Colvin Brown, vice-president and treasurer. Publication office: 1270 Sixth Avenue at Rockefeller Center, New York. Telephone: Circle 7-3100. Cable address: "Quigpubco, New York." All contents copyrighted 1938 by Quigley Publishing Company. Inc. Ad- dress all correspondence to the New York office. Other Quigley publications: Motion Picture Herald, Better Theatres, Teatro al Dia, International Motion Picture Almanac and Fame. BUREAUS : — Hollywood: Postal Union Life Building, Vine and Yucca Sts. ; Boone Mancall, manager; William R. Weaver, editor. Chicago: 624 S. Michigan Ave., C. B. O'Neill, manager, London: 4 Golden Sauare. W. 1 : cable address. Quigpubco, London ; Hope Williams, manager. Entered as second class matter Sept. 23, 1938, at the post office at New York. N. Y.. under the act of March 3. 1879. Subscription rates per year $6 in the Americas and $12 foreign. Single copies 10c. MOTION PICTURE DAILY Wednesday, October 26, 1938 4 Purely Personal ► Arthur S. Dickinson, head of the M. P. P. D. A. conservation de- partment, left yesterday for Albany en route to the S. M. P. E. fall con- vention in Detroit. He will make ex- change inspections in both cities and in Buffalo, Cleveland, Pittsburgh and Philadelphia during the trip. o Sam Flax, Republic franchise own- er in Washington, and Harry La- Vine, central district manager, are here for conferences with James R. Grainger. Allen Jenkins and Mrs. Jenkins ended a 10-day New York vacation yesterday and flew back to the coast. He will start Friday in "Always Leave Them Laughing" for Warners. • Robert Gillham is en route to the Paramount studio to join other home office officials now there on new prod- uct conferences. David O. Selznick and Mrs. Selz- nick will leave by plane today for a three weeks' vacation in Bermuda. • Ann Miller, the dancer, is stop- ping at the Hotel Astor. She is ap- pearing at the Paramount. • Nicholas M. Schenck:, president of Loew's, may leave for the coast in a few days. Joseph M. Schenck, William P. Philips and Jay Paley left Wash- ington last night for the coast. SAG to Negotiate Here Screen Actors' Guild will start ne- gotiations with eastern studios for a modification agreement next week. First talks are scheduled with Triple- A Productions and Odessco Produc- tions. National Opens Offices National Pictures Corp., formed by Edwin Fadiman and French associates to import foreign product, has opened offices in the Paramount Building. Australian Trade Is Preparing New Standard Contract THE MERCURY OVERNIGHT TO LOS ANGELES Fly the Southern SUNSHINE route over- night to Los Angeles. Through service. No change of planes. Giant SKYSLEEPERS. Complimentary meals served by stewardesses. Mercury Southerner Lv. 5:10 p. mi tv. 9:00 p. m. (fltdy 3 stops) (.only 5 slops) FOR RESER VATIOSS: Call Your Travel Agent orVANderbilt 3-2580. Ticket Offices: 45Vander- bilt Ave., and Rockefeller Center, 18 W. 49th St, AMERICAN AIRLINES By LIN ENDEAN Sydney, Oct. 7. — Exhibitor and distributor interests here are pushing ahead on the framing of a standard form of contract, which, it is planned, will be used throughout Australia. The Motion Picture Distributors' Association has its draft ready for presentation to the exhibitor subcom- mittee, which will study it. It is ex- pected that the demand of the exhibi- tors for restriction on theatre licenses will be one point of contention, but it is not expected that any initial dis- agreements will cause the proposal to collapse. G. N. Stockholders Receive No Payment Washington, Oct. 25.— Stockhold- ers in Grand National films will re- ceive nothing under the bankruptcy acquisition of the company by Educa- tional Pictures unless creditors' claims are scaled down below $550,000 (the amount to be paid by Educational), or there is an increase in the value of the assets, S.E.C. Examiner Robert P. Reeder was told today by Richard H. Wilmer, counsel for the company. Testifying before the S.E.C. at a hearing on the company's application to withdraw its common stock from listing and registration on the New York Curb Exchange, Wilmer said that original claims amounted to "something over" $1,000,000, but have been reduced to about $700,000 and may be further reduced. Unless they can be brought below the $550,000 mark, or the value of the assets in- crease, there will be no equity for the stockholders, he said. Healey Heads M. P. Post Boston, Oct. 25. — P. F. Healey was seated as commander of the Mo- tion Picture Post of the American Legion as a feature of a dinner-dance at the Copley Plaza Hotel tonight. Healey is head of the Department of Public Safety. William McLaughlin, Allied direc- tor, was installed as vice-commander. Other film men officially put in office included H. A. Aaronson, junior vice- commander ; H. P. Smith, adjutant; M. Meckleburg, treasurer; Sam Levine, sergeant-at-arms, and K. L. Forkey, Irving Shiftman and Al Ken- ney, executive committeemen. CEA to Honor Eden London, Oct. 25. — Anthony Eden, former English Foreign Secretary, will be the guest of honor at the dinner Dec. 13 of the London Branch of the Cinematograph Exhibi- tors' Association. Musician Job Talks Adjourned to Jan, 9 Following a second general discus sion yesterday of the problem of re employment of musicians in theatres by major company heads and the ex ecutive board of the American Feder ation of Musicians at the office of Pat Casey, producers' labor arbitrator, yesterday, further conferences were set for Jan. 9. The only explanation offered by Casey and Joseph N. Weber, Federa- tion president, for the adjournment was that no specific employment pro posals have been advanced and it was believed that no practical program could be evolved in less than two months. In the interim, industry and Federation representatives will en- deavor to find specific employment formulas to present at the next meet- ing. Representing the industry at yester- day's session were : Nicholas M Schenck, Loew's; George J. Schaefer, RKO ; Austin C. Keough, Paramount ; Major Albert Warner, Warners; Harry D. Buckley, United Artists and Eugene Picker, Columbia. Warners Close Deal With Gaumont, Paris (.Continued from page 1) Adventures of Robin Hood." It will open at the Rex, Paris, Nov. 24. The Paris houses included are : Rex, Colisee, Gaumont Palace, Palais Rochechouart, Clichy- Palace, Gau mont, St. Paul, Convention Hall, Grand Cinema Aubert and Gambetta. The other houses are located in Nice, Bordeaux, Lyons, Toulouse, Rheims, Nancy and Toulon. A. Saltiel, general manager in France, acted for Warners, according to Sam Morris, vice-president in charge of foreign distribution. Duchess to See "Service" London, Oct. 25. — The Duchess of Kent will attend the charity premiere of "Room Service" at the Odeon on Nov. 2. The Newsreel Parade The Sino-Japanese conflict is cov- ered by all the newsreels in the new issues. Football games continue to gain attention. The reels and their contents follow: MOVIETONE NEWS — Roosevelt's Hyde Park cottage under construction. Chinese army defends Canton. California exposition nears completion. Girls bake 85 -pound pie. Wage and hour law chief discusses labor disputes. Eucharistic Congress ends. Lew Lehr. Football games. NEWS OE THE DAY— Women and chil- dren leave Hankow. San Francisco Bay Bridge completed. Indian stunt man thrills spectators. Hollywood girls apply for jobs. Dog auction day at Virginia. Football. PARAMOUNT NEWS— China depends on last minute defense. Motor skooters to abide by traffic laws. Famous New York prison for sale. Virginia dog auction sale. Football games. RKO PATHE NEWS— Golden Gate ex- position nears completion. Elmer F. An- drews explains wage-hour law. Midwest labor union representatives oppose strike- breakers. New York's ' Tombs up for sale. Volunteers of the International Brigades leave Spain. International art exhibition. Football games. UNIVERSAL NEWSREEL— Sino-Japa- nese war. Eucharistic Congress ends. In- dian stunt man in California. Tombs to be sold. Dog Mart at Virginia. Screens Must Be Kept Free, Declares Hays (Continued from page 1) screen's primary function of entertain- ment." Katharine Hepburn also spoke yes- terday. Shirley Temple is scheduled to give a two-minute greeting to the Forum by telephone from Hollywood at the final session Thursday after- noon. Hays' topic was "Keening the Mind of the Nation Young." He pointed out that films "inevitably assist" in doing that. Use of Leisure Important "The wise use of leisure time is an important factor in the development of character. Upon the character of its people depends the future of a nation. What we do in business hours may determine what we get, but what we do in our hours off will determine what we are. "Nowhere, except in a land in which freedom is precious above all other things, could this art-industry have developed as it has done here. . . . "Make no mistake about it, such entertainment is not a luxury in mod- ern civilization, but a necessity along with food and shelter. Films Are Inspiration "The American motion picture dem- onstrates that there is opportunity in life ; that the individual may succeed by initiative, industry, thrift and hon- esty; that youth may know that a Dick Whittington or an Abraham Lin- coln may still happen. "I believe that such portrayal ex- presses the faith and asoirations of the American people. From the point of view of a pure collectivist or a real totalitarian this theme of opportunity means exactly nothing; it simply does not make sense. We had better see it does in America if Democracy is to survive." Miss Hepburn struck at censors for not permitting "a more liberal atti- tude" in films. She advised a cam- paign for "intelligent censorship" of pictures which will not only entertain "but contain an idea or two" about what is happening in the world. Only UNITED offers you SLYLOUNGE MAINLINERS New York-Chicago, 4 hrs. 45 mins. 2 non-stop Skylounge flights daily. Extra luxury at no extra fare. Only UNITED'S Skyloungre Mainliners of- fer you 14 lounge chairs in a 21-pas- senger cabin. Seven other fast Main- liner nights. RESERVATIONS: 58 E. 42nd St., MUrray Hill 2-7300. Or travel bureaus, hotels. UNITED AIR LINES The Main Line Airway MOTION PICTURE DAILY Wednesday, October 26, 1938 Industry Lawyers Move to Clear Up Wage-Hour Terms Counsel for major companies at a meeting at M.P.P.D.A. headquarters yesterday consolidated all leading queries concerning the application of tl.'sWederal wage and hour law to this ini^try which have confused motion picture employers. The queries will be submitted to Elmer F. Andrews, administrator, in Washington, Friday. Clarification of the provisions is hoped for at the Washington meeting so that the industry will be prepared for compliance until such time as a motion picture committee is appointed by Administrator Andrews to make specific rulings on all undecided points of the application of the law to this business. That appointment may not materialize for several months, ac- cording to present indications, and, in the meantime, Andrews' interpreta- tion of its basic points will be relied on. Company counsel will seek definite opinions Friday on the phases of the industry which are in interstate com- merce, the employes who are affected either under the wage or hour pro- visions and those who are exempt in the opinion of the Administrator. Momand Hearing Is Continued to Nov. 5 Oklahoma City, Oct. 25. — Motion of the defendants to strike the peti- tion from the files was argued today before Federal Judge A. P. Murrah in A. B. Momand's anti-trust suit against major distributors and Grif- fith Amusement Co., and the hearing on the motion was continued to Nov. 5. Momand is asking $4,900,000 for alleged conspiracy in restraint of trade. Motion to quash by Warners was overruled. The judge said he is bound by the law laid down in Mo- mand's old anti-trust suit against Paramount, which was dismissed by the Circuit Court of Appeals without prejudice. The motion to quash by Pathe was reconsidered, and the mo- tion to quash by Paramount was with- drawn. Redding English Ad Head for Paramount London, Oct. 25. — John W. Hicks, Jr., vice-president in charge of the Paramount foreign department, has appointed Tony Redding as adver- tising and publicity manager for Paramount in Great Britain and Ireland. George H. Hawkins, who formerly held the post, has returned to manager of the ad sales department. Redding formerly was manager of the Capitol in Dublin. Reel-Guild Talks Resume Negotiators for Paramount News- reel and the Newspaper Guild re- sumed conferences yesterday but failed to reach any agreement after a two-hour session. Dix Stars in "Number" Hollywood, Oct. 25. — RKO has signed Richard Dix to star in "What's Your Number," Robert Sisk produc- tion, and Lew Fields in "The Castles." Allied Continues Practice Parleys The Allied committee held a third session with William V. Kodgers, Gradwell L. Sears and Abe Montague at the Astor yesterday. These con- ferences are to continue to- day and will extend to Friday, according to present indica- tions. Meeting with the distribu- tors yesterday were Nathan Yamins, H. A. Cole, Ray Branch, Sidney Samuelson and M. A. Rosenberg. Abram F. Myers, general counsel, ar- rived last night from Wash- ington to sit in at the confer- ences which will be resumed at 10 A.M. today. Representatives of the six unaffiliated regional exhibitor organizations continued their discussions yesterday on for- mulating their proposals. Twelve New Pictures Get Legion Approval National Legion of Decency has ap- proved 12 new pictures for the cur- rent week, seven for general patron- age and five for adults. The new films and their classification follow. Class A-l, Unobjectionable for Gen- eral Patronage — "The Citadel," "Down on the Farm," "Five of a Kind," "Listen, Darling," "The Mad Miss Manton," "Service de Luxe," "Swing That Cheer." Class A-2, Un- objectionable for Adults — "Brother Rat," "Girls on Probation," "Girls' School," "The Lady Vanishes," "Suez." By BILL Chicago, Oct. 25. — Sensational business is being recorded here by the horror picture combination, "Dracula" and "Frankenstein," at the Garrick. The B. & K. house, which seats 900, has been running at capacity since the opening last Wednesday. Over the weekend the business was nothing short of terrific with hundreds turned away. Gross for the week will be near the $10,000 mark, the most the house can do because of the length of the program. The program probably will be held until after Hallowe'en, at least. ▼ Jack Shumow, M-G-M sales man- ager here, is acting branch manager during the absence of W. E. "Doc" Banjord, who is in Europe with a group of prize winning M-G-M sales executives. Banford returns the lat- ter part of November. V Seymour Borde has replaced Joe Abramson as booker for Henri Elman at the Capitol-Monogram exchange here. Abramson is in California where he plans to make his home. ▼ When Chicago's gala social affair, the Architects' Ball, is held at the Drake Hotel, Dec. 2, films will serve IT way to Have 26 Plays by Weekend With three plays scheduled to open this week, and two to close, Broadway will have 26 shows on the legitimate stage on Saturday. "Madame Capet," witn Eva Le Gallienne, opened at the Cort Tuesday. The play deals with the early days of the French revolu- tion. A later period in that revolution will be depicted at the Mercury when "Danton's Death" opens on Friday. "The Girl from Wyoming," a musical satire of westerns, is due at the American Music Hall on Saturday. Cecilia Loftus will do a series of im- personations at the Vanderbilt on Sundays. The revival of "Lightnin' " will leave after 52 performances, and "I Have Been Here Before," a Theatre Guild production, goes off after 50 showings. ". . . one third of a nation . . .," a Federal Theatre offer- ing, closed on Saturday, "On Bor- rowed Time" is scheduled to leave Nov. 5 after 320 performances, and "Prologue to Glory," another Federal Theatre show, will wind up its run on the same day. Sign New Republic Deals Several product deals closed by Re- public were made known yesterday by James R. Grainger, president. War- ners have contracted for the com- pany's output for theatres in the Phil- adelphia, Pittsburgh and Washing- ton zones. Other deals include the W. A. Simon Circuit in Montana and Theatrical Managers Circuit in In- diana. CROUCH as the theme. The architects have selected the following pictures to use for their own interpretation as to how the sets should have been designed. The pictures are : "Artists and Models," "The Young in Heart," "If I Were King," "Suez," "The Great Waltz," "Zaza," "Ferdinand the Bull," "Union Pacific," "Jesse James," "Dawn Patrol" and "The Sisters." These productions will have local society folk playing roles similar to the stars of the film. ▼ Grinnell College, 'Grinnell, la., may be the scene of the world premiere of "Cowboy and the Lady" if present plans materialize. Gary Cooper, star, is a former Grinnell student. The premiere probably will be held Nov. 5, Grinnell's "Homecoming," with Cooper appearing in person for the event. r Latest addition, the 11th, to the Harry and Elmer Balaban circuit is the Milford on the northwest side of Chicago, taken over from the Melcher Brothers. ▼ Pete Kalleres, B. & K. partner in several Gary theatres, is back from a honeymoon trip to Hollywood. Short Subjects "The World Is Ours" Hollywood, Oct. 25. — Basically an educational subject, this all-industry contribution to the Motion Pictures' Greatest Year drive is also unique en- tertainment. Expertly produced by Frank Whitbeck and directed by Basil Wrangel, the story by Lou Harris and Herman Hoffman con- cisely emphasizes the great influences which the screen has exerted on the world's social, economic, educational and cultural progress. The subject will be distributed by all exchanges handling accessories on the drive. The picture gets its message over through the narrative comment of Truman Bradley and the reactions of a typical American family composed of Samuel S. Hinds, Dorothy Peter- son, Charley Grapewin, Anne Shirley and Johnny Walsh. In a discussion of the value of old and modern films, clips are shown of "The Great Train Robbery" and "Bertha, the Sewing Machine Girl." A lecture shows 65 cents of every admission dollar re- mains in the community, and the fam- ily, in Hollywood, sees the complete process of production. They return home appreciative of the value of the screen. The film has wide exploitation and is a powerful piece of selling for the industry. Running time, 18 mins. "G."* * "G" Designates general audience classi- fication. O'Loghlin Departs On Kent Drive Swing James P. O'Loghlin, S. R. Kent drive leader for 20th Century-Fox, left last night for Toronto in advance of his third swing of exchanges in connection with the drive. He will meet Herman Wobber, general manager of distribution, in Chicago on Saturday and will pro- ceed to Los Angeles, from where he will start his tour next week. He will be accompanied by William Clark, short subjects sales head. O'Loghlin will meet William J. Kupper, western division manager, in Denver, who will accompany him in the western territory, and will be ac- companied by W. C. Gehring, cen- tral division manager, and William Sussman, eastern division head, in their respective territories. The en- tire trip will take about four weeks. K.C. Leaders Agree To Fight "Quiz" Ban Kansas City, Oct. 25. — Regional leaders of the Motion Pictures Great- est Year drive here have decided to fight Attorney General Roy McKit- trick's ruling that the "Movie Quiz" contest is a lottery in Missouri. Elmer C. Rhoden, regional chair- man, said today that in view of the approval given the contest by the Post Office Department he felt its legality could be upheld here. Benjamin Sonin Buried Funeral services for Benjamin Sonin, 73, father of Charles Sonin, manager of M-G-M's purchasing de- partment, will be held today at Park West Memorial Chapel. Burial will be at Mt. Hebron. That Horror Dual Is Still SRO at Chicago 9s Garrick < X o CD Z o o PQ Q CO p H O S O H i cd so CO ■s: _ « S © JS Cj 5 ^ •** © § » "SO <5"© CD CD M -SO CD ao *~\ 'SO cd v — - as a fe 5 60^ . s ©>£ -s - CD CD •»> s »© CD £3 60 Building Supply t ffilVf Building ij Prices Increase *»\* OnLargerDe^a Oem^r.eroup \ , ^or—^^ outlook^ — % Rate1 jf, Hues Mr PMWSECBRmES for W ■ «esfor erf. f^oneroup. ^nT*nh Strong Ud Build J STEELS HEAD UP ON BULLISH NEWS ; , \ futfaorizat ^^DiWaig /?orie( But Profit Taking PuUs a4»nes. Down- Most of List in Sluggish Day AND THIS IS THE PICTURE THAT REFLECTS THE NEW OPTIMISTIC SPIRIT JUST WHAT THE WORLD WANTS TODA\ • . • Shirley's great big beaming picture that turns the sunshine on A STORY of this very minute! Whose THEME AND TITLE TIE RIGHT IN with the buoyant headlines of t£- day! And in that same mood of BUSINESS-UPSWING, 20th backs it with a SMASH NATIONAL CO-OPERA- TIVE NEWSPAPER AD CAMPAIGN! For plus exploita- tion it's a natural for your LOCAL GOOD-TIMES-ARE- HERE promotions! This in a picture that is probably SHIRLEY'S BEST in appealing cast and ENTERTAIN- MENT! EVERYONE in your theatre will love it. ..and TELL THEIR FRIENDS to hurry and get happy, too! TEMPLE JUST AROUND THE CORNER with CHARLES FARRELL • JOAN DAVIS AMANDA DUFF • BERT LAHR BILL ROBINSON • Franklin Pangborn Cora Witherspoon • Bennie Bartlett Directed by Irving Cummings Associate Producer David Hempstead. Screen play by Ethel Hill, J. P. McEvoy, Darrell Ware. From an original story by Paul Gerard Smith. Music and lyrics: "I Love to Walk in the Rain," "A Happy Little Ditty," "Brass Buttons and Epaulets" by Walter Bullock and Harold Spina. Dances staged by Nicholas Castle and Geneva Sawyer. Darryl F. Zanuck in Charge of Production THE KEYSTONE OF YOUR FUTURE Printed in U.S.A. Friday, October 28, 1938 MOTION PICTURE DAILY 99 "Certain Age Detroit Smash With $30,000 Detroit, Oct. 27 — "That Certain iW' with a stage show gave the Fox fejfig $30,000. The Michigan, with a dual attrac- tion, "The Sisters" and "Broadway Musketeers," took $11,000. "Too Hot to Handle," in its second week at the United Artists, grossed $8,000. The Palms-State pulled $5,000 in the second week of "Dracula" and "Frankenstein." Estimated takings for week ending Oct. 21. "King Kong" (RKO) "The Ghoul" (G. B.) ADAMS— (1,700) (10c-40c), 7 days. Gross: $5,000. (Average, $5,000) "That Certain Age" (Univ.) FOX — (5,000) (15c-65c) 7 days. Stage: Al Bernie, Pauline Alpert, Vernon & Draper, Fortunello & Cirillino. Gross: $30,- 000. (Average, $20,000) "The Sisters" (W. B.) "Broadway Musketeers" (F. N.) MICHIGAN— (4,000) (15c-65c) 7 Gross: $11,000. (Average, $10,000) "Dracula" (Univ.) "Frankenstein" (Univ.) PALM S - STATE — (3 ,000) (l5c-40c) 7 days, 2nd week. Gross: $5,000. (Average, $5 000) "Too Hot to Handle" (M-G-M) UNITED ARTISTS— (2,000) (15c-50c) 7 days, 2nd week. Gross: $8,000. (Aver- age, $10,000) days. Grosses Hit Slump In Oklahoma City Oklahoma City, Oat. 27— The town's grosses slipped for the week. "Four's A Crowd," at the Midwest, and a dual of "Always in Trouble" and "Smashing the Rackets" at the Liberty, barely went over the average. The rest of the bills were under par. Estimated takings for the week end- ing Oct. 20 : "Straight, Place and Show" (ZOth-Fox) CRITERION— (1,500) (25c-35c-40c) 4 days. Gross: $1,200. (Average, $5,200) "Too Hot to Handle" (M-G-M) CRITERION— (1,500) (25c-35c-40c) 3 days. Gross: $1,800. (Average, $5,200) "Always in Trouble" (ZOth-Fox) "Smashing the Rackets" (Radio) LIBERTY— (1,200) (20c-25c) 4 days. Gross: $1,900. (Average, $1,800) "Broadway Musketeers" (F.N.) "Time Out for Murder" (ZOth-Fox) LIBERTY— (1,200) (20c-25c) 3 days. Gross: $600. (Average, $700) "Four's a Crowd" (W.B.) MIDWEST— (1,500) (25c-35c-40c) 7 days. Gross: $4,600. (Average, $4,500) "Prairie Moon" (Rep.) "Talk of the Devil" (G.B.) STATE— (1,100) (20c-25c) 7 days. Gross: $2,100. (Average, $2,500) "Five of a Kind" (ZOth-Fox) TOWER— (1,000) (25c-35c) 7 days. Gross: $2,000. (Average, $2,500) Plan Des Moines Theatre Des Moines, Oct. 27. — Elias Gar- bett and his son, operators of four theatres here, have purchased a two- story building facing the Drake Uni- versity campus and are remodeling it for a 600-seat theatre. L. K. Brin Buys Theatre Seattle, Oct. 27.— L. K. Brin, former manager of the Grand Na- tional exchange here, has bought the Mission in Mount Vernon from Den- nis Murphy. Brin expects to establish a suburban circuit. Hollywood Previews "Tarnished Angel (RKO) Hollywood, Oct. 27. — RKO's "Tarnished Angel" is a picture for which carefully wrought exploitation campaigns are necessary. It is a story of a "clip joint" hostess who turns to evangelism as a racket, but is converted by the power of her own words. Sally Eilers, as the "clip joint" hostess turned evangelist, gives a competent characterization, her best for some time. She is supported by Lee Bowman, Ann Miller, Alma Kruger, Paul Guilfoyle, Jonathan Hale, Jack Arnold, Cecil Kellaway, Janet Dempsey, Hamilton Mac- Fadden and Byron Foulger. Hounded by the law, Miss Eilers, with the aid of Miss Miller and Guilfoyle, becomes an evangelist, using as one of her foils to demon- strate her "healing power," a fake cripple. With Bowman seeking to marry her and risking exposure by the police, Miss Eilers joins in a plot to rob her benefactress, a wealthy woman who believes in her. The climax is reached when a real cripple answers her call from the pulpit, and is healed. Then she renounces her criminal acquaintances. Leslie Goodwins directed from the screenplay by Jo Pagano. The original story and adaptation were by Saul Elkins. B. P. Fineman was associate producer, under supervision of Executive Producer Lee Marcus. Running; time, 61 minutes. "G."* Vance King "Sunset Trail" (F ) aramount-Harry Sherman) Hollywood, Oct. 27. — The entertainment and commercial merit of the "Hopalong Cassidy" series has long been acknowledged. William Boyd, George Hayes and Russell Hayden make the Harry Sherman outdoor action adventure pictures desirable amusement. This time, with the aid of Charlotte Wynters, Jane Clayton, Robert Fiske, Anthony Nace, Kath- ryn Sheldon and Maurice Cass, they have turned out one of the best of the series to date. Based on the Clarence E. Mulford "Bar 20 Days" stories, Norman Houston's screenplay is full of new twists, material which Lesley Selan- der not only directed skillfully, but which gave Boyd, appearing as a different "Cassidy," and the other players opportunity for comedy as well as thrill action. To get the necessary evidence on killing, robbing, crooked gambler Fiske, Boyd turns up at Miss Wynter's dude ranch as a very tender tenderfoot, garbed in tweeds, wearing buttoned shoes and carrying a cane. While Hayes and Hayden are always handy to participate either in the melodrama, comedy or substantiating romance, Boyd, following a dramatic poker game with Fiske, gives the signal for the cleanup, accomplished to the tune of much riding, shooting and fighting. Angles to be kept in mind in exploiting "Sunset Trail" are the quality of the whole series and the popularity of the leading trio and the novel manner in which this story has been treated. The picture features expertly photographed scenic backgrounds by Russell Harlan. Running time, 85 minutes. "G."* G. McC. "Cipher Bureau" (Fine Arts — Grand National) Hollywood, Oct. 27. — Exploitation ideas for Fine Arts' "Cipher Bureau," for Grand National release, can be taken from today's headlines of espionage activities. Based on the existence during the World War of the "cipher bureau" in Washington for the decoding of spy messages, the picture is a timely presentation of the inner workings of breaking down codes. No definite period is indicated by the story, and the uniforms of the United States service men are altered to prevent any establishment of a definite year. Cast is composed of Leon Ames, Charlotte Wynters, Don Dillaway, Joan Woodbury, Tenen Holtz, Gustav von Seyffertitz, Walter Bonn, Si Wills, Peter Lynn, Jason Robards, Joe Romantini, Hooper Atchley, Tudor Williams, John Smart, Sidney Miller and Tommy Carr. Carrying on as associate producer and director was Charles Lamont. Arthur Hoerl wrote the screenplay from his and Monroe Shaft's original. The plot centers completely about the activities of Ames, head of the "cipher bureau," in breaking down messages transmitted from the United States to an unnamed foreign country. The United States Navy plans are the goal aimed at by the spies, and it is Ames' job to capture them. This he does, with great personal conflict in allowing his brother, Dilla- way to be "broken" and dishonorably discharged from the Navy. Running time, 70 minutes. "G."* Vance King "G" Denotes general classification. "Sisters" and "Age" Lead in Philadelphia Philadelphia, Oct. 27. — "The Sis- ters" started strongly at the Boyd. It got nine days at the house to a take of $18,000. "You Can't Take It With You" registered $19,000 for its Stan- ley week. "That Certain Age" held up fairly well with $12,000 for its second week at the Fox. Estimated takings for the week end- ing Oct. 22 : "Drums" (U.A.) ALDINE— (1,300) (40c-55c-65c-75c) 6 days. Gross: $5,000. (Average, 7 days, $8,160) "Sing You Sinners" (Para.) ARCADIA— (600) (25c-40c-55c) 7 Gross: $2,300. (Average, $2,800) "The Sisters" (W.B.) BOYD— (2,400) (40c-5Sc-65c) 9 days. $18,000. (Average, 7 days, $14,000) "Breaking the Ice" (RKO) EARLE — (2,000) (25c-40c-55c) 6 Stage: Ted Lewis orch. and revue. $17,000. (Average, $14,000) "That Certain Aire" (Univ.) FOX— (3,000) (40c-55c-65c-75c) 7 days, 2nd week. Gross: $12,000. (Average, $14,000) "Garden of the Moon" (W.B.) KARLTO'N— (1,000) (25c-40c-55c) 7 days. Gross: $2,800. (Average, $4,000) "Room Service" (RKO) KEITH'S— (2,000) (25c-40c-55c) Gross: $3,200. (Average, $4,000) "You Can't Take It With You" (Col.) STANLEY— (3,700) (40c-55c-65c) 7 days. Gross: $19,000. (Average, $14,000) "Touchdown Army" (Para.) STANTON— (1,700) (25c-40c-55c) 7 days. Gross: $4,000. (Average, $7,000) days. Gross: days. Gross : 7 days. "Take It," "Age" Lead in Cleveland Cleveland, Oct. 27. — "You Can't Take It With You" continued to hold the top spot here for the third con- secutive week. After two knockout weeks at the Hippodrome, the picture moved to the Allen, where the $8,000 take doubled average. "That Certain Age" at Warners' Hippodrome, was the hit of the new releases, with $13,500. "The Valley of the Giants" at the RKO Palace with Wayne Morris in person, pulled a strong $1,500 over $16,500. Estimated takings for the week ending Oct. 21 : "You Can't Take It With You" (Col.) ALLEN— (3,000) (30c-35c-42c) 7 days, 3rd week. Gross: $8,000. (Average, $4,000) "That Certain Age" (Univ.) WARNERS' HIPPODROME — (3,800) (30c-35c-42c) 7 days. Gross: $13,500. (Aver- age, $12,000) "Valley of the Giants" (W. B.) RKO PALACE— (3,100) (30c-42c-55c) 7 days. Stage: Wayne Morris in person and vaudeville. Gross: $16,500. (Average, $15,- 000) "The Arkansas Traveler" (Para.) LOEW'S STATE— (3,500) (30c-35c-42c) 6 days. Gross: $5,400. (Average, 7 days, $15,000) "Stablemates" (M-G-M) LOEW'S STILLMAN— (1,900) (30c-35c- 42c) 7 days, 2nd week. Gross: $5,000. (Average, $5,000) Reopen Wakefield House Boston, Oct. 27.— The Princess in Wakefield has reopened. Charles Hodgdon is operating the house as part of his circuit. Hodgdon is using an art film policy. Col. Changes "Spy" Title Columbia has changed the title of "Spy Ring" to "International Spy." MOTION PICTURE DAILY Friday, October 28, 1938 Variety Club Detroit Detroit, Oct. 27. — Gov. Frank Murphy of Michigan will be the guest of honor at the weekly lunch- eon next Monday. David Rubinoff, an old friend of the Governor, also will be present and will play. Edmund C. Shields, re- gent of the University of Michigan, will be toastmaster. Others expected are : Leo J. No- wicki, lieutenant governor ; Leon D. Case, secretary of state ; Theodore I. Fry, state treasurer ; George T. Gundry, auditor general ; Raymond W. Starr, attorney general ; Harry Mead, chairman of the Detroit Demo- cratic headquarters ; Frank Isbey, general manager of the Michigan State Fair ; Jacob Sumeracki, Wayne County treasurer ; Harold E. Stoll, register of deeds ; George Dinege- man, county drain commissioner ; Casper Lingeman, county clerk; Duncan C. McCrea, prosecutor ; Thomas C. Wilcox, sheriff ; Dr. Al- bert E. Hughes and Dr. Ed J. Knoblock, county coroners, and Pro- bate Judge Thomas C. Murphy. The program will be broadcast over the Detroit News short wave station WHXWJ. Philadelphia Philadelphia, Oct. 27. — William J. Clark has been elected chief barker of the local Variety Club of Philadel- phia. Ted Schlanger has been selected first assistant chief barker ; William H. Lee second assistant chief barker, and Al Davis, secretary. Earle W. Sweigert has been reappointed chair- man of the membership committee for 1939, with Ben Fertel, retaining chairmanship of the house committee. The newly elected board of directors is composed of Clark, Schlanger, Lee, Davis, Sweigert, and Lewen Pizor, David E. Wesh- ner, William Wolff, Al Fischer, Leo Posel, David Supowitz, E. M. Orowitz, James P. Clark, Jack Beresin and Barker Ben Amster- Cleveland Cleveland, Oct. 27. — Variety Club will hold a testimonial dinner Nov. 4 for "Davey" Davidson, who has re- signed after 21 years with 20th Cen- tury-Fox and its predecessor com- pany as a salesman here. He plans to go to the coast. Dinner commit- tee includes M. B. Horowitz, Jack Shulman, Eddie Bergman and Sam Lichter. Harry Roth, Paramount booker, will be inducted as head of Variety Post No. 313 at Legion headquarters tomorrow. CEA Offers Plan to Solve Dual Problem London, Oct. 27. — London and Home Countries Branch of the Cine- matograph Exhibitors' Association has resolved to ask its negotiating com- mittee to approach the circuits with a view to arriving at a solution of the problem of running two "A" features on one program. The group will propose that cer- tain films be classified and that no two films in that classification be shown on program. Hollywood Preview Artists and Models Abroad" {Paramount) Hollywood, Oct. 27. — Girls, gags and Jack Benny are among show- manship values of "Artists and Models Abroad." Also there are Joan Bennett, Mary Boland, Charley Grapewin, the Yacht Club Boys, Fritz Feld, George P. Huntley, Joyce Compton and about a dozen others of name value importance. There's a comedy romance story with Benny, as he customarily is in his radio program, the butt of his own jokes. Music is important. The three numbers composed by Ralph Rainger and Leo Robins, plus a topical specialty concoction by the Yacht Club Boys and Jock Rock, give the show plenty of harmonic content. Producer Arthur Hornblow, Jr., did not stint in giving the film lavish and pic- turesque production value, the spectacular highlight of this element being a fashion parade in which feminine pulchritude and feminine styles are lavishly displayed. The locale is Paris, where Benny is the busy shepherd of a flock of out-of-work chorus girls. Not knowing or permitted to know that Miss Bennett is the fourth richest girl in the world, he adds her to his flock. As everyone who heard his radio programs last spring knows, he falls in love with her. Joyce Compton and her gang add to the merriment and eventually become models in a fashion display. Benny adds to his own discomfort and intensifies the fun by treating Miss Bennett's millionaire father, Grapewin, as a doddering panhandler. Intent only on getting his flock and Miss Bennett free transportation to America, he, through a bit of egotistical stupidity, saves Grapewin several millions in an oil deal. The realization of who Miss Bennett and Grapewin are hits the hero like a blackjack. Upon recovering from the girl's proposal of marriage, he visions great conquests for himself and his beauties in the oil business. The writers, Howard Lindsay, Russell Crouse and Ken Englund, brewed a lot of fun into their story and in his direction Mitchell Leisen was careful to permit the dominance of comedy. It may be anticipated that "Artists and Models Abroad" will prove a desirable attraction in a great many theatres. There is no lack of poten- tial showmanship to whip up enthusiasm any place. Where the customers have a liking for a melange of comedy, music and beauty and Jack Benny, there are strong possibilities the picture will be a box-office bell- ringer. Running time, 90 minutes. "G."* G. McG. New York Preview "The Story of a Cheat" (Gallic Films, Inc.) Sacha Guitry has contrived an intriguing and fascinating exercise of the technique of the screen in his "Story of a Cheat," in French. It fairly ripples with ingenuity and originality, making such use of the medium as has rarely been achieved. The resulting whole is captivating and entertaining, although, with an occasional dart of reference to "un- coded" screen material, it is likely enough to meet with disfavor in cer- tain quarters. Guitry wrote and directed it, and plays the incorrigible and delightful cheat for all it is worth, and that is a good deal. His technique of the "different" makes its appearance at the outset, with Guitry introducing — in pictures — his technical staff, the composer of the provocative music, Adolphe Borchard ; the cameraman, Marcel Lucien, and the others. Guitry sits at a table outside a Paris cafe, and as he scribbles his memoirs in a notebook, he tells his own story, while the screen — and he — reenact it. The lines are enjoyable, the wit keen. John Erskine, pro- fessor and novelist, has written the subtitle translations skillfully. Guitry is superb, as he describes and delineates the evolution of a cheat, who turns honest and really can't make up his mind which is the preferable state. Running time, 75 minutes. "A."* Charles S. Aaronson "A" Designates adult audience classification. "G" Designates general audience classification. Acquires Chatham House Boston, Oct. 27.— Mary B. Win- slow has purchased the Monomoy in Chatham from Harold Dunbar. She will operate the house as a summer situation. The theatre is to be re- modeled. Form White Plains Firm Albany, Oct. 27.— White Plains Promotions, Inc., has been chartered to conduct a picture business with Lou Magnolia and Lottie Barr of White Plains and Rodney McMabon of Rockaway Beach listed as directors. "Stablemates" In Good Start On the Coast "Vacf^- a nff ailed tu days. Los Angeles, Oct. 27. — "Stable- mates," on a double bill with "Vac tion from Love," turned in a $14,690 at Loew's State, but fai make much of an impression at the Chinese. Holdovers fared well. "You Can't Take It With You" held up to $8,900 in its fourth week at the Pantages, and turned in $9,200, also in a fourth week, at the Hillstreet. "Drums" pulled $4,809 in the third week at the 900-seat 4-Star. Estimated takings for the week end- ing Oct. 26: "Stablemates" (M-G-M) "Vacation from Love" (M-G-M) CHINESE— (2,500) (30c-75c) 7 Gross: $11,699. (Average, $12,500) "Drums" (U.A.) 4 STAR— (900) (40c-55c) 7 days, 3rd week. Gross: $4,809. (Average, $3,250) "You Can't Take It With You" (Col.) HILLSTREET— (2,700) (30c-65c) 7 days, 4th week. Gross: $9,200. (Average, $6,500) "Stablemates" (M-G-M) "Vacation from Love" (M-G-M) LOEW'S STATE— (2,500) (30c-75c) 7 days. Gross: $14,690. (Average, $14,000) "You Can't Take It with You" (Col.) PANTAGES— (3,000) (30c-65c) 7 days, 4th week. Gross: $8,900. (Average, $7,000) "The Arkansas Traveler" (Para.) PARAMOUNT— (3,595) (30c-65c) 7 days. Stage: F. & M. revue, Rube Wolf and his orchestra. Gross: $16,000. (Average, $18,000) "The Sisters" (W.B.) "The Road to Reno" (Univ.) WARNER BROS. (Hollywood)— (3,000) (30c-65c) 7 days, 2nd week. Gross: $13,250. (Average, $14,000) "The Sisters" (W.B.) "Road to Reno" (Univ.) WARNER BROS. (Downtown)— (3,400) (30c-65c) 7 days. 2nd week. Gross: $12,500. (Average. $12,000) "From City" Dual ,700 at Seattle Seattle, Oct. 27. — "I'm From the- City," on a dual with "The Night Hawk," and with "The Great Lester" on the stage, proved the only com- bination among the new attractions to get into the profit division. The gross at the Palomar was $4,700. Three holdovers turned in good grosses. "Boys Town" took $4,200 in its third week at the Blue Mouse, "You Can't Take It With You" was strong at $8,600 in its third week at the Liberty. Estimated takings for the week end- ing Oct. 22 : "Boys Town" (M-G-M) BLUE MOUSE— (950) (30c-40c-55c) 7 days, 3rd week, extended run from Fifth Avenue. Gross: $4,200. (Average, $4,000) "Four Daughters" (F. N.) "Freshman Year" (Univ.) FIFTH AVENUE— (2,500) (30c-40c-55c) 7 days. Gross: $6,600. (Average, $7,000) "You Can't Take It With You" (Col.) LIBERTY— (1,800) (20c-30c-40c-55c) 7 days, 3rd week. Gross: $8,600. (Average, $5,000) "Too Hot to Handle" (M-G-M) MUSIC BOX— (950) (30c-40c-55c) 7 days. 2nd week, extended run from Fifth Ave- nue. Gross: $4,350. (Average, $4,000) "Five of a Kind" (20th-Fox) "Mysterious Mr. Moto" (20th-Fox) ORPHEUM— (2,450) (30c-40c) 7 days. Gross: $5,200. (Average, $6,0001 "I'm From the City" (RKO) "The Night Hawk" (Republic) PALOMAR— (1,500) (15c-25c-35c) 7 days. Stage: "The Great Lester." Gross: $4,700. (Average, $4,500) "Room Service" (RKO) "Time Out for Murder" (2ttth-Fox) PARAMOUNT— (3,050) (30c-40c) 7 days. Gross: $5,650. (Average, $6,000) Friday, October 28, 1938 MOTION PICTURE DAILY RADIO FCC Assigns Examiners on Station Pleas I Washington, Oct. 27. — The Fed- eral Communications Commission has igned to examiners for hearings applications of WJMS, Inc., for a new 1,310-kilocycle station at Ash- land, Wis., with 100 watts night, 250 watts day; Larry Rhine, for a 1,420- kilocycle, 100-watt station at San Francisco; WGTM, Wilson, N. C, for change of frequency from 1,310 to 1,204 kilocycles and increase of power from 100 to 500 watts, and KECA, Los Angeles, for authority to move to San Diego and transfer license from Earle C. Anthony, Inc., to Worcester Broadcasting Corp. Examiners' reports have been sub- mitted recommending the granting of the applications of KTKC, Visalia, Cal., for change of frequency from 1,190 to 890 kilocycles, extension of time from day to unlimited and in- crease of power from 250 to 1,000 watts, and WEMP, Milwaukee, for increase of power from 100 to 250 watts. Applications of the Asheville Daily News for a 1,370-kilocycle, 100-watt station at Asheville, N. C, and WMFD, Wilmington, N. C, for ex- tension of time from day to unlimited with 100 watts night, 250 watts day, were today tentatively set for hearing before an examiner Nov. 17. On Dec. 12, the application .of KAND, Corsicana. Tex., for increase of power from 100 to 250 watts, will be heard, and on Dec. 19 a hearing will be held on the application of KFJZ, Fort Worth, for change of frequency from 1,370 to 930 kilocycles and increase of power from 100 watts night, 250 watts day, to 500 watts. Kellogg on 54 Stations Fifty-four stations of the Red net- work have been secured by J. Walter Thompson for a new radio series for the Kellogg Co. The series is sched- uled to begin Jan. 15, 1939, Sundays from 10 to 11 P.M. The program itself has not been selected as vet. Spitalny Orchestra Back Phil Spitalny's all-girl orchestra is back from a theatre tour, and, begin- ning Oct. 31 the unit will take up its broadcasting stand in Radio City for the General Electric Co. Swing Champions The swingsters are not the type to take it on the chin without retaliating. Just the other day the Bach Society of Newark demanded of Frank R. McNinch that the F.C.C. suspend licenses of radio sta- tions allowing swinging of old classics and* revocation of licenses for second of- fenders. Accordingly, the swing leaders, headed by Paul Whiteman, Gene Krupa and Benny Goodman have formed the "Non-Partisan Commit- tee to Suppress Musical Bigotry." ► Radio Personals i GERALDINE FARRAR, opera and concert star, will be guest speaker on "Women Make the News," over WOR next Tuesday . . . Sheila Barrett, mimic, will be fea- tured on Benay Venuta's variety show on Mutual Sunday, with Allen Pres- cott another guest . . . Kirsten Flag- stad, Metropolitan soprano, will be guest on the Ford "Sunday Evening Hour" Nov. 6 . . . Franchot Tone and Rita Johnson will star in a "Silver Theatre" play on CBS Nov. 6 . . . Emil Ludwig will be heard on a nationwide CBS next Sundav in a talk from Paris, 1 :30 to 1 :45 P. M. + Radio Rubes will celebrate their 850th consecutive broadcast next Tuesday . . . Raymond Massey will be heard in a scene from "Abe Lincoln in Illinois" on the RCA "Magic Key" program Nov. 6 . . . James W. Bray, control engineer of KARK, Little Rock, was married recently to Calista Balfour. NBC Will Broadcast 18 Capital Concerts NBC will present 18 broadcasts from the 1938-'39 Library of Congress Chamber Music series from Washing- ton, the first to be heard Sunday at 8 :30 P. M. Twelve of the programs, all over the NBC-Blue, will be under the auspices of the Coolidge Founda- tion, the other six by the Gertrude Clarke Whitall Foundation. The second program in the series will be heard Dec. 10. Dates of the other programs will be set later. In addition, 16 Thursday programs of the two foundations will be broadcast from WMAL, Blue network outlet in Washington. Evans to Chicago Lawrence Evans of Evans & Salter will leave for Chicago Tuesday to cover the opening of the Chicago Civic Opera where Lawrence Tibbett and Helen Jepson are singing the star roles. Also appearing will be Maria Reining, lyric soprano from Europe, who has been brought here by the firm. Renew WTCN License Washington, Oct. 27. — The F.C.C. has voted unanimously to renew the license of WTCN, Minneapolis. WTCN was one of the stations which, as part of the NBC-Blue network, had broadcast Eugene O'Neill's "Be- yond the Horizon," which, some listeners complained, was obscene. Bell-Ans Adds WOR Time Bell-Ans commemorate the comple- tion of their first year over WOR with Tex Fletcher, 8:15 to 8:20 A. M., Tuesdays, Thursdays and Saturdays by adding a 15-minute spot at noon on Tuesdays. Belcher Show Returns Jerry Belcher's program, "Interest- ing Neighbors," will be resumed Nov. 3 over the NBC-Blue at 8 P. M., and continue on successive Thursdays. The program has been off the air since August, Deny Applications Washington, Oct. 27.— An examiner for the Federal Communications Commission has recommended dismissal of the application of W. A. (Al) Steffes for a 1,310-kilo- cycle, 250-watt daytime sta- tion at Minneapolis. Likewise recommended for denial was an application of KLS (Warners), Oakland, Cal., for an increase of power from 250 to 500 watts. NBC to Add 160th Station on Nov. 1 NBC will add the 160th station to its network on Nov. 1, with the addi- tion of WAPO, Chattanooga, as a supplementary outlet available to Southcentral Group No. 3 and South- ern Group No. 5. The Tennessee station operates on full time, with 1,420 kilocycles, 250 watts day and 100 watts night. It is owned by W. P. Patterson. Melcher Joins AO of A Martin Melcher, formerly with Mills Artists in New York and Hollywood, has joined the radio department of Associated Orchestras of America. KYA Studio to Close San Francisco, Oct. 27. — KYA's Oakland studios will close permanent- ly Nov. 1. Around the Country Pittsburgh It's a boy for Harry Walton, Dick Stabile's pianist, and Mrs. Walton, the former Gay Sargan. . . . Bill Schroeder, WCAE salesman, is tak- ing flying lessons. . . . Les Lindow has been named national sales mana- ger at WCAE. . . . Billy Yates' band has been handed a regular spot on KQV. . . . Tony Lombardo, Art Ya- gello and Frank Natale have organ- ized the Cosmopolitan Trio. . . . Bob Carter is doubling as vocalist with Fran Eichler's band at the Nixon Cafe on KDKA and Earl Truxell's staff orchestra at WCAE. . . . Script show called "Adam and Eve," with Jack and Margaret Orriston, has faded from KDKA. Symphony to Broadcast Indianapolis, Oct. 27. — The In- dianapolis Symphony Orchestra will make 16 special Wednesday afternoon broadcasts over CBS, beginning Nov. 23, originating at WFBM here. Lloyd on WNEW Sales Gordon Lloyd, formerly with WINS, has joined the sales depart- men of WNEW. Before coming into radio he was with the New York Journal. ^7 HAVING A WONDERFUL TIME! The picture, gentlemen, exaggerates — a little. But we're ALMOST as hilarious. What with 960,000 letters received from listeners so far this year compared with 895,000 for the first ten months of 1937. And just when we thought we were getting life straightened out for the Fall, General Mills, with a six-time-a-week show already on WOR, adds John Gambling's Gym Class for three days a week. Two other sponsors, incidentally, have TRIPLED their time on WOR. Hate to be so gay about it all, but you know how it is. WOR TOPPERS Typical of 20th's fresh, stimu- lating approach in its short subjects program. One of the most thrillingly unusual and appealing one- reel subjects ever produced. Ask for a screening! Described by Ed Thorgersen Produced by Truman Talley THE KEYSTONE OF YOUR FUTURE Alert. Intelligent to theNMc Picture Industry tion MOTION PICTURE DAILY First in Fihnar d Radio y l< Accural and Impartial 44. NO. 85 NEW YORK, MONDAY, OCTOBER 31, 1938 TEN CENTS Trade Parley Report to Be MPTO Topic Concessions Expected on Many of 10 Points Oklahoma City, Oct. 30. — Dele- gates to the M. P. T. O. A. conven- tion are to hear reports on progress made in the New York trade prac- tice parleys. It is expected to be one of the liveliest topics to come before the convention. Final negotiations between M. P. T. O. A. representatives and the dis- tributors' negotiating committee will be held in New York next week. Con- ciliation boards will cover a number of the 10 points for which the organ- ization has been negotiating for sev- eral years. Three additional agreements are ex- pected to materialize also. These are a 10, 15 and 20 per cent cancella- tion based on average film rentals, (.Continued on page 9) Manchurian Film Monopoly Figures In Note to Japan Washington, Oct. 30. — -Settlement of the controversy between American film companies and Manchurian authorities resulting from the estab- lishment of a picture monopoly in Manchuria by Japanese enterprise is one of the aims of the State Depart- ment in the strong note sent to Japan, Oct. 6, calling for maintenance of the "open door" policy in China. In that note, which has neither been published in Japan nor replied to by the Japanese Government and which was made known here only yesterday, the Washington Government called (Continued on page 9) Rapture" Ends 3rd Stanza With $7,100 "Dark Rapture" ended a three-week run at the Globe on Friday with $7,100 for the third week. "Five of a Kind," with the Dionne Quintuplets, started Saturday. "Frankenstein" and "Dracula," which ran for two weeks at the Rialto will be followed today by "Man With 100 Faces," another mystery thriller "The Citadel" is due at the Capitol after "Stablemates." "The Storm" opened at the Rivoli on Saturday "Brother Rat" is next at the Strand. 'Taint Fair Waukon, la., Oct. 30.— P. D. Cota and Mrs. Cota, oper- ators of the Cota here, have solved the annual Hallowe'en problem for the city by book- ing a picture especially adapted for children and al- lowing their son, Eaton, to invite all children under 13 in the community to attend the 6:30 P. M. show, with one condition — each child enter- ing must sign a pledge not to destroy property or soap win- dows during the Hallowe'en period. UA-20th-FOX UNITE IN SOUTH AFRICA Radio Meets Wage Terms, NAB Reports Washington, Oct. 30. — The radio industry, according to the National Association of Broadcasters, in a ma- jority of instances is meeting the minimum wages set by the Wages and Hour law. However, a large number of radio employes will have their weekly work schedules reduced under the new act. In a statement to broadcasters, the N.A.B. advises its members that be- cause of the penalties provided by the act, it cannot assume responsibility by advising what employes are cov- ered. "However," the N.A.B. states, (Continued on page 16) Report Chance Games Again Being Probed Authorities are reported eyeing theatre chance games in the metro- politan area and the police have warned some exhibitors in Brooklyn, it is understood. Complaints are reported to have reached the authorities from patrons. Some exhibitors are not apparently abiding by the law. Film Leaders At Pittsburgh Variety Party Pittsburgh, Oct. 30. — M e e t i n g under the Big Top for the 10th con- secutive year, more than 500 guests attended the Variety Club's annual banquet here tonight at the William Penn Hotel. The feature of the af- fair was the adoption by the club of another orphan, George Variety Barker, II, 17-month-old youngster from the Roselia Foundling Home, and the fourth child Tent No. 1 has adopted in the 12 years since it was founded. The other three have been taken by private families. The affair, as in the past, honored the outgoing chief barker, in this case John J. McGreevey. He was suc- ceeded by Ira Cohn. The ballroom was covered by a cir- cus tent and the hall was jammed to capacity, the affair having been a (Continued on page 9) S.M.P.E. Meeting Will Open Today Detroit, Oct. 30.— Annual fall convention of the Society of Motion Picture Engineers will get under way at the Hotel Statler here tomorrow, with 350 film engineers and techni- cians in attendance from all parts of the country. The three-day meeting will hear a program of approximately 30 tech- nical papers on studio and theatre practice. Several papers on televi- sion are scheduled by engineers of (Continued on page 9) MOTION PICTURE DAILY presents in this issue a section dedicated to the inaugura- tion by National Broadcasting Co. of its new Radio City Studios in Hollywood. Motion Picture Daily takes this occasion of the opening of the new studios to extend felicitations. Will Distribute Jointly Around First of Year Under New Plan United Artists and 20th Century- Fox are joining hands to open up in South Africa. Twentieth Century-Fox already operates an exchange in Johannesburg. United Artists, under arrangements which are under way, also will distribute in that territory in association with 20th Century-Fox. On Saturday, Arthur W. Kelly, who is in charge of foreign sales for United Artists, sailed for South Africa to complete the deal. Some of the U.A. product which already may be sold away, of course will not be included under the new arrangement. The deal, however, will take in all other U.A. films. It is understood that this U.A.-20th Century deal would become effective around the first of the year. Dominant interests in South Africa are the South African (Consolidated) Theatres, owned and controlled by the I. W. and M. A. Schlesinger interests. Otto Bolle is in charge of the 20th Century-Fox exchange and distribu- tion in that territory. Twentieth Century-Fox for some time has been dissatisfied with its re- turns on .product from South Africa, and, after months of investigation, de- cided to open its own exchange there. The exchange has been in operation a few months. Film Men Told to Talk with Unions On Wage-Hour Law Washington, Oct. 30. — Refusing to attempt any classification of more than 600 types of work on which mo- tion picture producers are doubtful, officials of the Wage-Hour Adminis- tration on Friday told a delegation from the Hays office to go home and attempt to settle the matter with the unions. After clearing away as much of the problem as possible, it was sug- gested, producers and union represen- tatives might return to Washington to lay their differences of opinion before the Administration, but even then, it was warned, there is doubt whether the Administration would have the power to make rulings. In other words, the group was told by Administrator Elmer F. Andrews, (Continued on page 2) MOTION PICTURE DAILY Monday, October 31, 1938 i Purely Personal ► NEIL F. AGNEW, Paramount general sales manager, returned to New York from the coast over the week end Barney Balaban, Stanton Griffis, Russell Holman and Rob- ert Gilham are remainng at the studio for another week of production conferences. • Kenneth Thomson, executive sec- retary of the Screen Actors' Guild, is expected in New York this week from Hollywood for confabs with Mrs. Florence Marston, eastern head of the guild. • Hugh Herbert will make a per- sonal appearance at the Strand be- ginning Friday. Later he will go to Philadelphia and Pittsburgh, there- after returning to the coast for a new Warner film. • Anna Neagle and Herbert Wil- cox, star and producer, respectively, of "Sixty Glorious Years," will sail from England Nov. 5 on the Nor- vmndie to attend American openings of the film. • Nicholas M. Schenck, president of Loew's, left for the coast Friday night after having b«en examined two days by Emil K. Ellis, counsel in the consolidated action of Loew minority stockholders. • Tom Connors, M-G-M division manager, plans a trip to Canada this week. He returns from the Variety Club doings in Pittsburgh today. • Gene Murphy of Loew's publicity has returned from Providence where he arranged the personal appearance of Freddie Bartholomew. • E. J. Smith, general sales manager of Imperial Pictures, left Friday for a three-week tour of Imperial ex- changes. • Haskell Masters, United Artists Canadian sales chief, returned to To- ronto yesterday after a week at the home office. • Maurice Fleischman, former New York exhibitor and I.T.O.A. board chairman, is building a hotel in Miami. • S. Charles Einfeld, Warner ad- vertising and publicity director, will leave the coast tomorrow for New York. • Leon Fromkess, Monogram treas- urer, has returned to the city after a two-week visit on the coast. • S. Barret McCormick. RKO ad- vertising and publicity chief, is re- maining on the coast another 10 days. • Capt. Frank Goodale. manager of the State, White Plains, has com- pleted 23 years of service with Loew's. • King Vidor, who directed "The Citadel" in London, is due to return on the AriVii«' Amsterdam Nov. 4. • George Dembow of National Screen has returned from Minneapolis. Insiders' Outlook RECENT reorganization of operations in United Art- ists, under Maurice Silver- stone, were executed with a view to seniority of the individuals in- volved. And, insofar as known, that seniority rule will continue in effect at that company, at all times, when such moves are made. The elimination of unnec- essary overhead and the desire to simplify company operations mo- tivated the changes which were made. Its complex producer sys- tem where some of its film mak- ers have distinct cells within the larger U. A. organization has caused an unusual amount of du- plicated effort to develop. Ap- parently the purpose of the changes has been to eradicate this costly duplication. T T "Young Dr. Kildare" is the first M-G-M picture to play the Music Hall because of a succes- sion of holdovers at the Capitol which left Metro with three pic- tures waiting to be played. "Dr. Kildare" was one. The Music Hall, through an unexpected cancellation of one booking and inability to obtain a print of "The Young in Heart," was in urgent need of a substitute pic- ture. T ▼ Lasting good to the industry has resulted from Motion Pic- tures' Greatest Year, Spyros Skouras declares, through the improvements it has brought about about in both business and the industry's public relations. "Besides converting unfavor- able public reaction to the pres- ent sympathetic appreciation of the industry's great public func- tion," Skouras says, "the cam- paign has revived in the major- ity of exhibitors for some time to come the spark of ingenuity and showmanship that has so long been dormant. If for no other reason than this, every dollar expended in the campaign is justified, and from personal contacts and correspondence with executives in production, distribution and exhibition, and with the division, district and theatre managers of our circuit and other circuits, I found this to be substantially the opinion of the majority." ▼ ▼ George J. Schaefer is not go- ing to Hollywood, as there is nothing requiring his presence at the RKO studio at this time. He attended the annual Variety Club banquet in Pittsburgh over the weekend and went on from there to the M. P. T. O. A. con- vention in Oklahoma City. He will return to New York from there. ▼ T There has been talk about Russell Birdwell resigning from Selznick International. Birdwell handles the outfit's public rela- tions. He also acts for Myron Selznick. John Flinn of Variety has been mentioned as his suc- cessor. Nobody has been able to indicate how the story got around. Birdwell, it is under- stood, has been wanting to open an advertising agency of his own. He may be working on that idea. He is under contract to S. I. until March, next year. Flinn has had talks with David Selznick. J. H. (Jock) Whitney knows nothing about the whole matter and without Whitney's okay such a change could be hardly effected. Birdwell has been asked about it, but failed to reply. Apparently, if he resigned, he is not telling. T ▼ Advices from the Coast are that Walter Wanger wants Ben Washer to go to California. Pathe to Make Four In England for Mono. Hollywood, Oct. 30. — Scott R. Dun- lap, Monogram production head, and Ralph Bettinson, Pathe, Ltd., repre- sentative at the Monogram studio, left for New York by train on Satur- day to discuss plans for the produc- tion of four quota pictures for the company in England. The productions will be made at Pathe's British studio, with scripts, casts and directors sent from here. Brown Leaves Cinecolor Hollywood, Oct. 30. — Howard C. Brown, vice-president of Cinecolor, Inc., has resigned and will take a vacation. Brown had been in charge of sales. Recently J. Henry Kruse took over the sales end for the labo- ratory. British Institute Praises U. S. Films London, Oct. 30. — American films spectacular reconstruction of the past was hailed today in the annual report of the British Film Institute. Ex- amples of that type of film cited were "The Texans," "Wells Fargo," "The Buccaneer." The institute also noted the manner in which important socio- logical problems were treated, as in "Zola," "Dead End" and "Peniten- tiary." British films were praised for their increasing concentration on British life, such as "Owd Bob," "The Edge of the World" and "Bank Holiday." The institute reported that 690 films are now preserved in the National Film Library, and records that 1,490 British schools are equipped with proj ectors. Film Men Told to Talk with Unions On Wage-Hour Law (.Continued from page 1) Deputy Administrator Paul Sifton and General Counsel Calvert MacGruder, the law is "flat" in its requirements and it is up to the courts to de* all questions of classification. ™ The problem of producers was laid before the wage-hour group by Ross R. Hastings, who acted as major spokesman ; Victor H. Clarke, Pat Casey, Maurice B. Benjamin, William S. Holman, T. Keith Glennan and Austin Keough. The jobs which they were anxious to classify, they said, were those in which men of exceptional skill were employed, who had the authority to hire and fire, such as gaffers, mixers, etc., and the question is whether their duties are such as to classify them as administrative positions exempt from the wage-hour provisions. It was pointed out that men in these jobs are paid high wages, and that overtime pay would be a serious bur- den. Status of film theatres under the labor standards bill is understood to have been brought before the Wage- Hour Administration by exhibitors, but without receiving any definite ad- vice. Wage-hour officials are said to feel that independent houses are local service establishments not subject to the measure but that there may be factors which do not give the same status to circuit houses. No decision has been made on the question of theatres, but it is under- stood the argument has been ad- vanced that even if the operating companies are engaged in interstate commerce, the employes of the in- dividual houses are not. The wage- hour division is represented as not anxious to control ushers and other theatre employes who are really em- ployed only in local operations. Pact to Gloria Dickson Hollywood, Oct. 30. — W arners have extended the contract of Gloria Dickson. MOTION PICTURE DAILY (Registered U. S. Patent Office) MARTIN QUIGLEY. Editor-in-Chief and Publisher; SAM SHAIN. Editor; JAMES A. CRON, Advertising Manager. Published daily except Saturday, Sunday and holidays by Quigley Publishing: Company, Inc., Martin Quigley, president; Colvin Brown, vice-president and treasurer. Publication office: 1270 Sixth Avenue at Rockefeller Center, New York. Telephone: Circle 7-3100. Cable address: "Quigpubco, New York." All contents copyrighted 1938 by Quigley Publishing Company, Inc. Ad- dress all correspondence to the New York office. Other Quigley publications: Motion Picture Herald, Better Theatres, Teatro al Dia, International Motion Picture Almanac and Fame. BUREAUS : — Hollywood: Postal Union Life Building, Vine and Yucca Sts. : Boone Mancall, manager; William R. Weaver, editor. Chicago: 624 S. Michigan Ave., C. B. O'Neill, manager, London: 4 Golden Square, W. 1: cable address. Quigpubco, London; Hope Williams, manager. Entered as second class matter Sept, 25.. 1938, at the post office at New York, N. Y.„ under the act of March 3, 1879. Subscription rates per year $6 in the Americas and $12 foreign. Single copies 10c. Made Still Stronger Becaus Releas Warners t for Thanksgiving Week! There, but for the grace of God, walk t THIS SCENE ALONE WILL MAKE YOU WISH YOU COULD DOUBLE YOUR SEATING CAPACITY! They made it a record-breaker! °hn We*'ey and W arren Duff • c-. f Fr°™ a Story by R°vv.and Brown . Mus, c by Max Stein er ' A F, '«« NationaI Pjcture WARNER BROS ■ made it possible! MOTION PICTURE DAILY Monday, October 31, 1938 Allied Calls Chicago Meet On Practices Trade practice negotiations between the. distributors and Allied States will o ^3tnue in Chicago next Thursday. progress has been reported, after almost two weeks of discussions, additional conferences have been found necessary with the Allied committee. Chicago was selected for the nego- tiations because the Allied national board is scheduled to meet there Thursday on special call from Abram F. Myers, board chairman. Allied's negotiating committee, head- ed by Col. H. A. Cole of Texas, will report to the full board on the status of the negotiations. The directors will then decide what Allied's course shall be. Members of Allied's committee are also directors. In addition to Cole they are Nathan Yamins, president ; \Y. A. Steffes, Sidney Samuelson, Ray Branch, M. A. Rosenberg and Myers, who acts as counsel. All left New York over the weekend. William F. Rodgers of M-G-M, who has been conducting the Allied nego- tiations with Gradwell L. Sears of Warners and Abe Montague of Columbia, attended the Variety Club dinner in Pittsburgh last night. He is scheduled to speak on trade prac- tices at the M.P.T.O.A. convention under way in Oklahoma City and will arrive in Chicago on Wednesday. Sears and Montague also plan to attend the Chicago conferences. Further procedure in the negotia- tions with the exhibitor groups, which include also M.P.T.O.A. and seven unaffiliated regional organizations, is indefinite at present. It is planned, however, to hold final conferences in New York, probably next week. Most of the unaffiliated representa- tives have left the city. Leaving over the weekend were Albert A. Galston, president ; R. H. Poole, general man- ager and secretary, and Hugh W. Bruen, representing the I.T.O. of Southern California and Arizona, and D. K. Edwards and John Rugar, representing Intermountain Theatres Association of Salt Lake City. Phila. Group Moves To Form Allied Unit Philadelphia, Oct. 30. — Eighty exhibitors meeting Friday at the Broadwood Hotel took steps toward formation of an Allied unit in this territory. Morris Wax, in the chair for the meeting, appointed a committee on or- ganization including himself, Dave Shapiro, Dave Milgrim. Luke Gring, Lew Rovner, Harry Fried, Milton Rogasner, Columbus Stamper, Ben Fertel, Charles Stiefel, Harry Berg- ner, Mike Lessy, Ray Schwartz, Nor- man Lewis and Dave Barrist. Besides Sidney Samuelson, Col. H. A. Cole of Texas Allied spoke on the principles of his organization. Tetley Signed by RKO Walter Tetley, juvenile radio actor, lias been signed by RKO Pictures to a seven-year contract. Tetley has just returned to New York after a stay in Hollywood. Veteran Retires Northwood, la., Oct. 30.— George W. Haight, one of the pioneers of the film business in this state, dating his oper- ations from 1911, has sold the Northwood to Nathan Sand- ler of Des Moines and will retire. Manchurian Film Monopoly Figures In Note to Japan (.Continued from page 1) upon Tokyo to refrain from discrim- inating against American interests in China in favor of its own nationals. Specifically, Japan was asked to dis- continue discriminatory exchange con- trol which operates adversely to American trade; to discontinue any monopoly or preference which would deprive Americans of the right to undertake legitimate trade or industry in China, and to halt interference with American property and other rights. American enterprise already has been practically excluded from the areas under Japanese control, the film and oil industries being two which the Japanese are most desirous of monopolizing. Para. Boosting Ad Budget on 3 Films Paramount will spend $20,000 addi- tional in national newspaper coopera- tive advertising campaigns in connec- tion with the release of each of three of the company's outstanding pictures, "If I Were King," "The Arkansas Traveler" and "Men With Wings." It is also planned to conduct similar advertising campaigns on two forth- coming releases, "Thanks for the Memory" and "Say It in French." S.M.P.E. Meeting Will Open Today (.Continued from page 1) the RCA Manufacturing Co. and Gen- eral Electric, and others will be de- voted to the most recent developments in sound recording and reproduction, and studio lighting. At the annual fall banquet, sched- uled for Tuesday evening, presenta- tion will be made of the S. M. P. E. Progress Medal and the Journal Award. The former is presented for the development of the year which is considered to have resulted in a sig- nificant advance in the development of screen technology. The Journal Award is for the most outstanding technical paper published in the so- ciety's journal. The opening day's luncheon tomor- row will be featured by brief ad- dresses by Richard W. Reading, Mayor of Detroit; Jamison Handy, president of Jam Handy Corp. ; George W. Trendle, president of United Detroit Theatres, and Dr. C. F. Kettering, vice-president and di- rector of research of General Motors. Cohn Heads Columbia Parley on Continent The forthcoming Columbia confer- ences in London on Columbia's Con- tinental European distribution will be presided over by Jack Cohn, vice- president of the company. Cohn's presence at the sessions was made necessary by additional reports on conditions abroad from the European representatives of the company over the weekend. He will sail Friday on the Queen Mary with J. A. McCon- ville, foreign manager, and Jack Segal, manager of foreign exchange operations They will be met in Lon- don by Joseph Friedman. European manager, and the company's Conti- nental managers. 9 Film Leaders At Pittsburgh Variety Party (Continued fro-m page 1) sellout almost two months ago. Most of the out-of-towners came in yester- day and watched the Pitt-Fordham game at the Stadium in a special Variety Club section. Norman Frescott was the toast- master and introduced as speakers U. S. Senators James J. Davis and Joseph Guffey; Harold G. Hoffman, former governor of New Jersey; George Herman (Babe) Ruth, Judge Arthur H. James, G. O. P. candidate for Governor of Pennsylvania ; Mar- shall Goldberg, Pitt football star; Mayor Cornelius D. Scully, Dr. Jock Sutherland, Pitt gridiron coach ; Jim Crowley, mentor of the Fordham Rams, and Rosey Rowswell. Jay C. Flippen was master of cere- monies for the show, presenting in the two-hour entertainment Mary Jane Walsh, the Fantinos, Marjorie Gains- worth, the Weire Brothers, Clyde Hager. Jack Gray and his Debutantes. Bartell and Hearst, the 3 Sailors, Les Ghezzis, Freddie Bartholomew, Bor- rah Minnevitch's Rascals, Larry Steele and his Harlem Casino revue, the bands of Lawrence Welk, Tommy Tucker and Jerry Mayhall, Brian McDonald, Bernie Armstrong and Paul Gannon. Many Come From Out of Town Out-of-town showmen seated under the Big Top included Eddie Alperson, F. L. Andrews, Jack Beresin, Rudv Berger, Joseph Bernhard, Clayton Bond, Nate J. Blumberg, Bill Carlson, W. W. Carroll, Duke Clark, Bob Christenberry, Max Cohen, Lou Astor, Jack Cohn, Tom Connors, Sam Shain, Harvey Day, Ned E. Depinet, George Dembow, John Eberson, Jay Emanuel, John Flynn, Jack Flynn, j. E. Fontaine, Jack Alicoate, Sam Galanty, Bill Gehring, Harry Gold, Eddie Golden, A. Haas, John Hollin- ger, Rube Jackter, Red Kann. Ben Kalmenson. Jules Levy, Nat Levy, Harry Levine, Carl Leserman, A. E. Lichtman, Harry Michelson, Edgar Moss. Bill McCaffrey, F. J. A. McCarthy, Joe McConville, Eddie McEvov, J. T. O'Connor, Bob O'Donnell, J. J. Oula- han, Ted O'Shea, Eddie Peskay, Wil- liam F. Rodgers, Lou Rome, Harry' Ross, Eddie Saunders, Meyer Schine, Ted Schlanger, Leonard Schlesinger, I. Schmertz. Carl Schmidt, Bill Scully, Bob Smeltzer, Cresson E. Smith, Jack Skirball, Ed Schnitzer, Bill Sussman. Earle Sweigert, Major Leslie E. Thompson, Truman Talley, Joe Unger, Morton Van Praag, George Weeks. Lou Weinberg and Herbert J. Yates. Discuss Variety Club A proposal has been submitted to several local film and theatre men to organize a New York Variety Club. The matter was discussed during the recent visit here of John H. Harris of Pittsburgh, national head of the clubs. Local headquarters may be at the Hotel Astor, jointlv with the Ampa and the I.T.O.A. MPTOA Meet to Get Report On Trade Practice Parleys (Continued with the highest percentage going to the lowest average rental ; the elimi- nation of the separate score charge and a clear statement of policy on the non-forcing of shorts with features. A 10th proposal, the short form of contract, is expected to be made avail- able on a basis which will be optional with the exhibitor. Although a varied convention pro- gram has been prepared, there is no expectation that any subject livelier than the trade practice developments is likely to arise during the three-day meeting. The topic will come before the convention at the first business session Monday afternoon, in a talk on "Trade Relations in Distribution and Exhibition" by William F. Rodg- ers, M-G-M general sales manager, who is chairman of the distributors' trade practice negotiating committee. Indications are that references to the subject may be made even earlier in the first day's session, either bv Ed Kuykendall.'M. P. T. O. A. president, from page 1) in his annual report, or by Leo Spitz, RKO special counsel, who is one of the alternate honorary chairmen of the distributors' negotiating commit- tee. Other discussions of trade practices may enter into later convention talks by George J. Schaefer, RKO presi- dent, and Edward Golden, vice-presi- dent of Monogram. Discussion of the subject from the floor is expected to be spirited throughout the three-day meeting. The reelection of most of the pres- ent officers and executive committee members is anticipated at a meeting of the board of directors which will be held late today. These include Ed Kuykendall. president; Fred Wehrenberg, chairman ; Morris Loew- enstein. secretary; Walter Vincent, treasurer, and Ed G. Levy, general counsel. M. P. T. O. A. directors are desig- nated bv the individual organizations which constitute the M. P. T. O. A. membership. H4S BEtH VfAIT/N<| •v ,tc*s ~F«»> Dai', (FOR TH/S ONE/& The NEW UNIVERSAL presents ONSTANCE BENNETT - VINCENT PRICE CHARLIE HELEN MISCHA UGGLES • BRODERICK • AUER JOY HODGES in eenplay by GERTRUDE PURCELL and LEONARD SPIGELGASS ROWLAND V. LEE Production Original story by Bruce Manning €r Vera Caspary Directed by Rowland V. Lee Associate Producer: Edmund Grainger MOTION PICTURE DAILY 12 Downey Helps "Legion" Top Denver Gate Denver, Oct. 30. — "Sons of the Legion," with a stage show headed by Morton Downey, turned in a smart $9,000 at the Denham. This was the best showing in a generally good week. "You Can't Take It With You" was good for $11,000 at the Denver. It was held for 10 days before being transferred to the Aladdin. Estimated takings for the week end- ing Oct. 26: "That Certain Age"(Univ.) ALADDIN— (1,400) (25c-40c), 7 days, after a week at the Denver. Gross: $4,500. (Average, $3,500) "Boys Town" (M-G-M) "Rich Man, Poor Girl" (M-G-M) BROADWAY— (1,100) (25c-40c) 4 days on 2nd week. Gross: $1,800. "Too Hot to Handle" (M-G-M) "Blockheads" (M-G-M) BROADWAY— (1,100) (25c-40c) 3 days. Gross: $1,700. (Average, 7 days, $2,500) 'Sons of the Legion" (Para.) DENHAM— (1,750) (25c-35c-40c) 7 days, and stage show. Gross: $9,000. (Average, $5,500) "You Can't Take It With You" (Col.) DENVER— (2,525) (25c-35c-50c) 7 days. Gross: $11,000. (Average, $8,500) "Too Hot to Handle" (M-G-M) "Blockheads" (M-G-M) ORPHEUM— (2,600), (25c-35c-40c) 4 days on 2nd week. Gross: $4,000. "Room Service" (RKO) "A Man to Remember" (RKO) ORPHEUM— (2,600) (25c-35c-40c) 3 days. Gross: $3,800. (Average, 7 days, $7,500) "Drums" (U. A.) "Personal Secretary" (Univ.) PARAMOUNT— (2,200) (25c-40c) 7 days. Gross: $4,000. (Average, $3,500) "Five of a Kind" (ZOth-Fox) "Convicted" (Col.) RIALTO— (878) (25c-40c), 7 days. "Five of a Kind" after a week at each the Aladdin and Paramount. Gross: $1,500. (Average, $1,750) UA Closes Western Deals Four western circuits have closed for United Artists' product. They are the Tri- States and Central States cir- cuits in the Iowa-Nebraska territory; Publix Intermountain at Salt Lake City, and the Black Hills Amusement Co., Denver. The deals were con- summated by field representatives under L. J. Schlaifer, western gen- eral sales manager. Cincy to Get Vaudeville Cincinnati, Oct. 30.— The RKO Shubert, which has been playing straight pictures since reopening about 60 days ago, will inaugurate a vaude- ville and picture policy in mid-No- vember. Mell Snyder's orchestra, now playing a local night spot, may occupy the pit. Open Mexico House Soon Mexico City, Oct. 30. — Cine Co- loso, a 1,500-seat house here in the downtown district, will open Nov. 15. Oscar and Samuel Ganat are the owners. Its opening will make a total of 67 film houses in operation here. Start New Atlanta House Atlanta, Oct. 30. — Construction of a $40,000 neighborhood theatre has been started here. The Techwood, with 500 seats, will be operated by Collett H. Munger, president of the Lanier Development Co. Libraries to Help Child Films Drive Libraries and schools have been enlisted by the Hays office in a drive to stress the value of films equally with books during Children's Book Week, Nov. 13-19. Two posters have been prepared for display in connection with the observ- ance, which is sponsored by the American Library Association. One bears the caption, "Good books culti- vate the imagination — Great Movies bring their characters to life." The characters are illustrated by stills from "Sweethearts," "The Young in Heart," "Men With Wings," "Gunga Din," "Nancy Drew," "Just Around the Corner," "The Great Waltz," "Juarez," "Drums," "If I Were King," "Suez" and "Ferdinand the Bull." The other poster has a caption, "Good books, good movies, new worlds," over a shelf of books which have been made as films. Included are "The Count of Monte Cristo," "Pen- rod and Sam," "Rebecca of Sunny- brook Farm," "Bob, Son of Battle," "Ferdinand," "Little Men," "Little Women," "The Adventures of Tom Sawyer," "The Prince and the Pau- per," "Bambi," "Heidi," "The Last of the Mohicans," "Treasure Island," "Robin Hood," "The Three Musket- eers," "Wee Willie Winkie," "The Clue in the Diary," "Little Lord Fauntleroy," "The Whispering Statute," "Captains Courageous." The Hays office has sent librarians a pamphlet containing titles of 81 re- cent films made from books with the suggestion that the books are suitable for exhibit during Book Week. Wanamaker's has arranged a series of meetings for parents at which "Ele- phant Boy" and "Snow White and the Seven Dwarfs" will be shown. Agents Guild Agrees To S.A.G. Franchise Hollywood, Oct. 30. — Skirmishing between the Screen Actors Guild and agents over the guild proposal to regulate agents has reached a point where the Artists-Managers Guild, headed by M. C. Levee, has agreed to franchising by the guild of agents in Hollywood. The concession was granted only on the condition that all agents now in business here be given the first franchise and that both groups draft a code of ethics. Hollywood, Oct. 30. — Wendy Barrie will play opposite Victor McLaclen and Chester Morris in "Pacific Liner" at RKO . . . Paulette Goddard, borrowed from Selznick In- ternational, will be co-starred in M-G-M's "Girls' Dormitory." Wayne Morris, Pat O'Brien, Joan Blondell and May Robson will be featured in Warners' "Broad- way Cavalier," from an original by Dalton Trumbo . . . Ann Gillis, who recently completed the title role in "Little Orphan Annie," is home with influenza . . . Edward Small has signed David C. Werner as cast- ing director . . . Basil Rathbone has been given a featured role in Uni- Film Leaders Aiding Chicago Fund Drive Chicago, Oct. 30. — The Amuse- ments Division of the 1938 Chicago Community Fund campaign has been assigned a quota of $25,000 in the an- nual appeal now under way. Jack Kirsch, president of Allied Theatres of Illinois, is division chairman. Team captains are : John Balaban, David Balaban, James Booth, T. J. Burke, Albert Burne, James E. Cos- ton, Clyde W. Eckhart, Fred Fel- binger, Abe Fisher, Julius Goodman, James V. Guercio, Louis H. Harrison, W. K. Hollander, Earl E. Johnson, Aaron J. Jones, Jr., Joseph Koppel, Samuel Krimstein, Benjamin Lasker, M. Leonard, Harry Lustgarten, J. R. McPherson, Clarence Miller, Jack Miller, V. A. Nomikos, J. Osserman, Chris Otto, Tony Owen, Frank Pearl- man, A. J. Piatt, N. M. Piatt, N. Rafalski, Louis Reinheimer, Gene Rich, Charles Ryan, Peter M. Shayne, A. Schoenstadt, Edwin Silverman, John P. Smith, Joseph Stern, Ludwig Sussman, A. L. Trebow, E. C. Upton, Allen Usher, David Wallerstein and J. J. Weiss. Games Ruling Hits Toronto Exhibitors Toronto, Oct. 30. — Exhibitors find themselves behind the eight ball in connection with Bingo and other games of chance because of a ruling by Judge Daniel O'Connell and Crown Attorney J. W. McFadden that the games are legal providing they are conducted by churches, ser- vice clubs and military organizations on an occasional basis and with total proceeds being devoted to charitable purposes. When prompted by indi- viduals on a percentage of the take, the game will be regarded as contrary to the Criminal Code, it was an- nounced. A recent amendment to the Crim- inal Code made Bingo, Keno and Housie-Housie illegal, but law en- forcement officers have let down the bars for churches and societies. Republic Changes Titles Hollywood, Oct. 30. — Republic has changed the title of the Gene Autry vehicle, "Bloom on the Sage," to "Western Jamboree," and the Roy Rogers western, "Texas Ranger," to "Come On, Rangers." versal's "Son of Frankenstein," in which Boris Karloff and Bela Lugosi have the top roles. + C as tin g — Wade Boteler, Dan Wolheim in "Oklahoma Kid," War- ners . . . Emma Dunn, Cora With- erspoon in '"Dodge City," Warners . . . Claude King in "A Christmas Carol," M-G-M . . . Pedro de Cor- doba in "Dramatic School," M-G-M . . . Halliwell Hobbes, Granville Bates in "Always Leave Them Laughing," Warners . . . Janet Chap- man draws a featured role in War- ners' "Hell's Kitchen," in which the "Dead End" kids and Gale Page will have top roles. Monday, October 31, 1938 "Certain Age" Tops Seattle With $8,300 Seattle, Oct. 30. — "That Certain Age," on a dual with "Campus Con- fessions," was the leading attraffjn of the week. The combination >rok $8,300 at the Paramount and was held over. "You Can't Take It With You" took $7,700 in its fourth week at the Liberty and was held again. "The Arkansas Traveler" and "Secrets of an Actress" pulled $6,700 at the Orpheum, but elsewhere business was off. Estimated takings for the week end- ing Oct. 25 : "Boys Town" (M-G-M) BLUE MOUSE— (950), (30c-40c-55c) 7 days, 4th week, extended run from Fifth Avenue. Gross: $4,150. (Average, $4,000) "The Sisters" (W. B.) FIFTH AVENUE— (2,500), (30c-40c-55c) 7 days. Gross: $6,200. (Average, $7,000) "You Can't Take It With You" (Col.) LIBERTY — (1,800) (20c-30c-40c-55c) 7 days, 4th week. Gross: $7,700. (Average, $5,000) "Too Hot to Handle" (M-G-M) MUSIC BOX — (950) (30c-4Oc-55c) 7 days, 3rd week, extended run from Fifth Avenue. Gross: $3,800. (Average, $4,000) "The Arkansas Traveler" (Para.) "Secrets of An Actress" (F. N.) ORPHEUM— (2,450) (30c-40c) 7 days. Gross: $6,700. (Average, $6,000) "Down In Arkansas" (Republic) "Wanted By the Police" (Monogram) PALOMAR— (1.500) (15c-25c-35c) 7 days. Stage: Vaudeville. Gross: $4,200. (Aver- age, $4,500) "That Certain Age" (Univ.) "Campus Confessions" (Para.) PARAMOUNT— (3,050) (30c-40c) 7 days] Gross: $8,300. (Average, $6,000) Midshipmen See "Patrol" "Submarine Patrol" was shown yesterday at the Naval Academy at Annapolis for 2,100 midshipmen and Rear Admiral Wilson Brown and his staff. Twentieth Century-Fox trans- ported trade paper representatives to Annapolis for the special screening, with Earl Wingart acting as guide. Arrangements at Annapolis were made by Marc Lachmann, exploitation manager. An audience of more than 1,000, in- cluding Government officials, saw the film at a Navy Day screening at the National Press Club in Washington Friday night. Gainsborough Starts Film London, Oct. 30. — Gainsborough has started production at Islington of "A Girl Must Live," which may be released by 20th Century-Fox. Carol Reed is directing and Margaret Lockwood is starred. To Show Mexican Films Mexico City, Oct. 30. — Local first run exhibitors have accepted the civic Government's proposition to help out Mexican producers by showing two domestic films each during November and December. Acquire "Cherie Bibi" . Edwin Fadiman, general manager of National Pictures Corp., has ac- quired "Cherie Bibi," French picture based on the Devil's Island penal colony, from Films Red Star, Paris, for distribution in this country. Out Hollywood Way IforUttleRepub- ^Tstand Accused', prov- „ good pictures can be — illion. or ■^■r. criminals ■ » » * 1 Associate pro ducer and director "Cummings is splendid as a young lawyer who becomes a hoodlum's mouthpiece." Fi/wi Daily MOTION PICTURE DAILY Monday, October 31, 193 a 1 < I z ■ o £ 0 2 s 0 5 u = III "D C o ° ? s a. uj K S u Z vi S iVfeu? York Preview Submarine Patrol' (20th Century-Fox) Almost any picture with a U. S. Navy background is assured of a warm box-office reception. This one, with its ready-made patriotic appeal, plus plenty of action concentrated right in front of the camera on one of those wartime 110- foot wooden submarine chasers, looks like a natural. In addition, there is plenty of comedy to balance the tense moments. • John Ford has had experience directing this type of picture, and apparently it has served him well. The story begins in the early war days when recruits were flocking into the Navy. One of them, Richard Greene, bursts in with a back- ground of social influence and finds himself assigned to a sub chaser as engineer. He meets Nancy Kelly, daughter of the captain of a mer- chant ship carrying munitions, almost immediately. Romance buds, but is promptly blighted when the captain (George Bancroft) kicks Greene down the gangplank. There are plenty of comic doings by the recruits before the little ship sails for Italy convoying the merchant vessel carrying Miss Kelly. Storm shots and the bombing of a U-boat on the way over are exciting. In Italy Greene tries to marry Miss Kelly, but Bancroft gums the works again. Volunteers are called for to bomb a U-boat hiding on the Adriatic coast. This sequence builds up powerfully as the chaser threads its way among mines in a fog and culminates in a spectacular attack with shells and machine guns. Another attempt by Greene to get married is thwarted by naval orders, but the film ends with the feeling a happy culmination of the romance is in prospect. Some fine performances are turned in by the supporting cast which includes Preston Foster, John Carradine, Slim Summerville, George E. Stone, Warren Hymer, J. Farrell MacDonald, Douglas Fowler and Ward Bond. Running time, 94 minutes. "G."* J. M. Jerauld Hollywood Preview The Storm (Universal) Hollywood, Oct. 30. — From first to last "The Storm" seeks to satisfy those who appreciate sensationalism in pictures. That quality is pro- jected via a ship-iceberg crash, several storms, an explosion at sea and a surgical operation performed by remote control radio telephone advice. Charles Bickford loves the sea, its dangers and the rough joys of a sailor's life. But he does not want his young brother, Tom Brown, to have any part of it. After the iceberg and explosion disasters have fulfilled their functions, he sees Brown's girl, Nan Grey, and concludes quickly that she is the kind of sweetheart that sailors find in every port. But when, after Miss Grey has saved Brown's life by performing an operation as he relays radio instructions, Bickford understands things in a different light. Content that Brown will be safe in union with Miss Grey, his last bit of business is avenging himself upon Barton MacLane, ship captain, whom he holds responsible for the loss of Preston Foster's life during the iceberg crash. The production, based on a story by Theodore Reeves, Daniel Moore and Hugh King and directed by Harold Young, is played from the standpoint of straight melodrama. Running time, 75 minutes. "G."* G. McC. * "G" denotes general audience classification. Interboro to Open House Interboro Circuit will open a new house, the Cambria, St. Albans, Nov. 24. The President, Bronx, has been taken over by the Dartmouth Amuse- ment Corp. Charles Morse and Louis Rothenberg are the principals. The Highbridge, Highbridge, N. J., will be closed Saturday. The Springer Circuit has closed the St. George Playhouse, Brooklyn. Universal Seeks Eerie Hollywood, Oct. 30. — Milton Berle, having terminated his contract at RKO and returned to New York for personal appearances, is now being sought by Universal for the lead in a mystery story, the action of which takes place in a radio community sing. The story, "Radio Rendezvous," is by Anders Johnson. Si 21 a* Q. H Q. 3 D © h- »- < o I— Q ot -J < < O _ Ul 2 z i- o < JI Z < s Ot O 4 "GIVE THE KID A BREAK - - - HE'S NOT A KILLER!" "DON'T MAKE HIM TAKE THE RAP - - - BECAUSE HIS DAD'S A GANGSTER!" COOPER The All- American Boy Star in CANISTER'S BOY WITH ROBERT WARWICK • LUCY CILMAN • LOUISE LORIMER Screenplay by ROBERT D. ANDREWS Story by KARL BROWN and ROBERT D. ANDREWS Directed by WILLIAM NIGH n monocRnm picture 16 RADIO MOTION PICTURE DAILY Monday, October 31, 1938 Radio Meets Wage Terms, NAB Reports (Continued from page 1) "it appears clear that various execu- tive titles found in broadcasting sta- tions do not, in themselves, entail exemption from the act. A chief en- gineer who stands a regular watch, for instance, would appear to be in- cluded rather than excluded. Like- wise, the head of a production depart- ment who took a turn as a regular an- nouncer would appear to be included, even though he met the other quali- fications for exemption. Both the American Communications Associa- tion (CIO) and the International Brotherhood of Electrical Workers (AFL) have taken the position that all technicians with the exception of a chief engineer who did not stand a regular watch, were non-professional and thus included in the act." Concerning musicians and staff art- ists, the N.A.B. states there appears to be some question as to whether they are professionals under the act. The N.A.B. states it does not know of any staff artists in radio working more than 44 hours a week or receiving less than 25 cents an hour. Contin- uity writers, the N.A.B. states, seem to be covered. RCA Wins Patent Case Radio Corp. of America, American Telephone & Telegraph Co., Vreeland Apparatus Co., Inc., and General Electric Co. won a victory in the U. S. District Court Friday when Har- old Kirschbaum, doing business as Luxor Radio Manufacturing Co., de- fendant in two suits charging in- fringement of 17 patents on radio re- ceiving apparatus, filed consent to an injunction restraining him from con- tinued infringement. New Radio Foto Log Out A new edition of Radio Foto Log has been published by the National Radio Union, parts manufacturers, for distribution through radio dealers. The log is edited by Sam Kaufman. Telephone Audition Hollywood, Oct. 30.— Billy Gilbert and Charles Irwin, British comic, will audition for a new transcontinental show for an eastern sponsor over a special telephone hookup to CBS, New York. Background music will be presented by Simeon's or- chestra and chorus. The deal, if it goes through, will have Gilbert and Irwin's show replacing one of the present transcontinental. Two Albany Stations To Have New Studios Albany, Oct. 30. — Remodeling of the Van Benthuysen home for occu- pancy by WABY and WOKO on Feb. 1 will provide an auditorium for air audiences, according to Harold E. Smith, general manager of WOKO. WOKO studios and an auditorium will be on the first floor, while WABY, which will lease space from WOKO, Inc., is to occupy the second and fourth floors. WOKO general business offices will be on the third, with engineering and sales quarters on the fourth. Shift Program Mailing San Francisco, Oct. 30. — CBS has transferred to KNX, Hollywood, all mailing of program copy and station schedules. Harry Elliott, for many years the network's local publicity and mailing agent, will be used in the future on special assignments. Marie Houlihan is transferred from Elliott's staff to the local CBS office, to handle press releases and schedule corrections. Nash Closes WHN Deal Nash-Kelvinator has entered into a contract with WHN for an announce- ment campaign, starting Nov. 8. Ac- count was placed by Geyer, Cornell & Newell. Plan Mexican Station Mexico City, Oct. 30. — Mexico's state industrial and agricultural pro- ducers have raised funds to establish a powerful radio station in Tepic, the state capital. GOOD MORNING! When Polly Shedlove says "Good Morning" her large audience eagerly welcomes her sprightly, human, friendly-neighbor visit. She and her guests bring helpful, entertaining minutes, so crowded with animated conversation that they stay until her final "I'll be dashing along now." Here's the New York participating show for results... on the air every morning from 9:00 to 9:30 a. m. WHN DIAL 1010 To Call Networks First in Air Quiz Washington, Oct. 30. — Network representatives will be the first wit- nesses to be called before the Federal Communications Commission in its hearings on chain broadcasting and monopoly which are to open Nov. 14, it was said Friday by Chairman Frank R. McNinch. The national nets will be called first, in the order of the date of their establishment, to be followed by re- gional webs, in similar order. The next group to be heard will be those of persons and organizations who have asked for opportunity to testify, and the committee then will go into the question of management contracts, leases, etc., and then will call broad- casters to testify to various phases of the situation. This will be followed by exploration of common ownership of stations, and the hearings will wind up with a study of transcription serv- ices. Tentative Dates Set On Station Hearings Washington, Oct. 30. — Tentative assignments for examiners' hearings on broadcasting applications have been made by the Federal Communications Commission, as follows : Jan. 10: Applications of James F. Hopkins, Inc., for a 1,400-kilocycle, 250-watt station at Ann Arbor, Mich., and WJEJ, Hagerstown, Md., for in- crease of day power from 100 to 250 watts. Jan. 11: Application of Sweet- water Radio, Inc., for a 1,210-kilo- cycle, 250-watt, daytime station at Sweetwater, Tex. Jan. 13 : Application of The Hart- ford Times, Inc., for a 1,200-kilocycle station at Hartford, with 100 watts night, 250 watts day. RCA Votes Dividends Dividends have been voted by the RCA board on all three classes of stock. On the $3.50 cumulative convertible preferred 87^4 cents will be paid for the period from Oct. 1 to Dec. 31. Payments will be made Dec. 14 to holders of record at the close of busi- ness Nov. 7. On the outstanding "B" preferred $1.25 will be paid for the same pe- riod, the same day, and on the com- mon 20 cents will be paid. Weber Addresses Ad Men Fred Weber, general manager of Mutual, delivered an address on radio's place in advertising before a meeting of the southwest section of the American Federation of Advertisers over the weekend. CBS Adds 2 Salesmen CBS has added two men to the WABC sales staff, Beverly M. Mid- dleton, formerly sales manager of WFAS, White Plains, and Bob Mayo, formerly in the sales service division at CBS. To Begin Poetry Series A. M. Sullivan will return to WOR-Mutual, Nov. 6, with the first of a new series of his "New Poetry" programs, to be heard each Sunday from 2 :45 to 3 P. M. ► Radio Personals 4 NAN WYNN of CBS will inau- gurate a vaudeville tour Nov. 3 with a week's engagement at the Capitol, Washington, to be fol- lowed by engagements in Hartford and Philadelphia. . . . Lauritz M chior, back from a concert tour of t northwest will be the soloist on the RCA "Magic Key" Nov. 13. . . . Clay Hamilton, head of the Pulitzer Prize Play committee and composer Kurt Weill will discuss the theatre on WMCA Nov. 4 at 2:30 P. M. . . . The Three Drews, WHN singing trio, have been renewed on the sta- tion. + San Francisco H. C. Moore, ex-manager of Thomas Lee Artists Bureau at KFRC, has joined NBC's booking office, Consolidated Radio Artists . . . Actor-Announcer Jack Moyles has left KSFO, CBS station, after an association of five years . . . Frank Castle, KYA pianist, wrote the music for the annual food show's production, "Feast Your Fancy" . . . Darrell Don- nell, former Examiner radio scribe, is now sponsored Sunday afternoons on KFRC, doing newscasts for Borden Dairy Delivery Co. . . . Jane New- man, 12, who first broadcast when eight years old, has been added to the KPO skit, "Sons of the Lone Star." Radio Set Sale Up For Final Quarter Sale of radio receiving sets, down for the first half of the year, has picked up remarkably with the out- look now that the final quarter will register a substantial gain over that of 1937, according to estimates by the radio manufacturers. While the volume this year is not expected to reach the 7,300,000 of 1937, the industry is optimistic that it will pass the 6,500,000 mark, and in all likelihood it will go higher. WMFF Joins Empire Net Albany, Oct. 30.— WMFF, Platts- burg, has been added to the Empire State Network for the duration of the political campaign, according to Harold E. Smith, president. Regular stations are WHN, New York ; which will originate the bulk of the pro- grams; WABY, Albany; WMBO. Auburn; WSAY, Rochester; WIBX, Utica, and WBNY, Buffalo. General Mills Adds KYA San Francisco, Oct. 30. — General Mills has added KYA to the list of coast stations airing "The Grouch Club," under the sponsorship of "Corn Kix." The program is released Mon- day nights over a special network of the California Radio System. Account is placed through Blackett-Sample- Hummert, Inc. "Rally" on 10 Stations "People's Rally" on Mutual has just added CKLW, Detroit, and WHK, Cleveland, to the hookup, raising the total network for the show to 10 sta- tions in primary markets. H. M. Kiesewetter is the agency. THE INAUGURATION OF HOLLYWOOD'S RADIO CITY WESTERN DIVISION HEADQUARTERS OF THE WORLD'S GREATEST BROADCASTING SYSTEM MOTION PICTURE Page 2— October 31, 1938 DAILY NBC — HOLLYWOOD NETWORK BROADCASTIN TRAIL BLAZED BY NBC Starting as a network of 19 stations NBC now operates twin webs comprising 159 stations, and its personnel has grown from a score to more than 2,000 The National Broadcast- ing Company first of the great radio broadcasting networks, came into exist- ence "to provide the best programs available for broadcasting in the United States." The bold gesture of forming the pioneer com- pany was made in November, 1926. Two weeks later NBC presented its first network program. Titta Ruffo, Mary Garden, Will Rogers, the New York Symphony Orchestra with Walter Damrosch conducting, and Weber and Fields were among the performers on the inaugural pro- gram. Since, NBC has grown from a net- work of 19 stations, to two nation- wide networks comprising 159 sta- tions. The NBC personnel has grown from hardly more than a score of persons to more than 2,000 who administer the programs, their transmission and the attendant busi- ness affairs. The sponsored program has made it possible for NBC to expend millions of dollars for talent, millions more for wire facilities and still other millions for adequate studio facilities. NBC today is se- cure in radio leadership and solid on its economic foundation. AIR WILDERNESS From the vantage point of 1938 it is easy to find reasons why the ven- ture should have proved successful. In 1926, however, no one had blazed the trail into the wilderness of net- work broadcasting. At that time hundreds of stations were on the air, many of them adjuncts to firms selling home receivers. Radio was still a novelty. A higher grade of entertainment was in order. The amateur talent of the earlier days of broadcasting had to make way for professional talent. Stations remote from the centers of entertainment talent had exhausted their program resources. Caught be- tween the high cost of broadcasting and the necessity of paying for tal- ent, many of those who originally took licenses to operate stations dropped by the wayside. Others be- gan to call for help from the more strategically located New York sta- tions. Something had to be done — and done quickly, if the radio in- dustry was to progress and prosper. Accordingly, RCA announced, in September, 1926, the intention to form the National Broadcasting Company. Many of the pioneer sta- tions of the country quickly availed themselves of its syndicated program service. KDKA, Pittsburgh, whose broadcast of the Harding-Cox elec- tion returns in November, 1920, marked the beginning of broadcast- ing in the modern understanding of the term, was one of the original NBC associates. WGY, Schenectady, was another. WEAF was the key station of the first NBC Network, known as the "Red Network," and included KYW, since removed from Chicago to Philadelphia, and WBZ, Springfield, Mass. The management of WJZ, New York, was shortly turned over to the new company and in January, 1927, it became the key station of a second group of stations, called the "Blue Network." The NBC Pacific Coast Network was established in April of the same year. At the outset Merlin H. Ayles- worth, first president of the NBC, laid down three fundamental work- ing principles for the new organ- ization. "First," he said, "we must find the programs giving the fullest measure of service to the public. Next, we must establish the best facilities for such service. Lastly, we must make the structure self- sustaining, for obviously if broad- casting is to survive it must stand on its own feet." Another rule early established was that all pro- grams should be given by living talent, that no transcription or re- cordings should be broadcast over the networks. This rule is still in force. FULFILLMENT So far as the listener is concerned, NBC has lived up to those promises. From the beginning it drew upon the best of available talent. The Boston Symphony Orchestra was early pre- sented. The first broadcast from an opera house, given by the Chicago Civic Opera Company, was broad- cast over NBC networks in 1927 and thus established a feature of NBC programs later continued with the weekly matinee broadcasts from the Metropolitan Opera House. The NBC Music Appreciation Hour be- gan in 1928. Politics had their first big hearing when NBC broadcast the campaign speeches in the presi- dential contest of 1928. The Na- tional Farm and Home Hour, began in 1929. The first program from England over the NBC networks came the same year, and first suc- cessful transatlantic broadcast orig- inated in the Netherlands several months later. Of the commercial programs broadcast in NBC's first years, thousands still hold pleasant mem- ories of the A. & P. Gypsies, the Clicquot Club Eskimos, the Ipana Troubadours, the Happiness Boys, the Smith Brothers ("Trade & Mark"), the Happy Wonder Bakers and many others. Breen and de Rose, Vaughn de Leath, the Silver Masked Tenor, Jessica Dragonette and the Revelers were among the most popular of artists. Perhaps the best method of gaug- ing the progress of radio and NBC from 1930 forward is to list some of the many radio "firsts" and not- able programs. 1930 was opened with a special four-hour program with pick-ups from different points across the country. A two-way con- versation between Commander Rich- ard E. Byrd at Dunedin. New Zea- land, and members of the staff of WGY, Schenectady, marked the first long-distance program of this type broadcast over NBC. PROGRESS Another notable two-way conver- sation over NBC was between Guglielmo Marconi, aboard his yacht Elettra in Italian waters, and persons at the NBC studios in New York. The Premier of Japan and President Hoover spoke during the first pro- gram to originate in Japan for broadcast in the United States. The next year was marked by the use for the first time of semi-port- able switching equipment in the NBC coverage of the Army air manoeuvres, the first tests and broadcasts from the American Clipper, a pickup of an eruption in Kilauea in Hawaii, the beginning of the NBC series of broadcasts of complete operas from the Metropoli- tan Opera House. The first program in which solo- ists in one city were accompanied by an orchestra in another hundreds of miles distant was heard at the be- ginning of 1932. Perhaps the most significant de- velopment of recent years in radio has been the rapid increase of pub- lic service programs — broadcasts of educational and cultural material, news coverage from the scene of action, programs built around dis- cussions of immediate and pressing public issues. Of the first named group, a most eminent example and one of radio's great achievements was the establishment and mainten- ance of the NBC Symphony Orches- tra, directed by Arturo Toscanini. Assembled by NBC specifically for the education and entertainment of the radio audience, the organization is already recognized as one of the few great symphony orchestras of the world. The Metropolitan Opera broadcasts, shortly to begin their eighth successive year, are outstand- ing. America's Town Meeting of the Air, has in the three years it has been heard over NBC, proved that the issues discussed and clarified for the man in the street are of vital interest to millions of listeners. Sci- ence, religion, economics and other subjects are dramatically presented in still other series. The most recent, and perhaps the most striking success of radio ajps. disseminator of news occurred cML' ing the momentous twenty days that led to the Munich agreement re- specting Czechoslovakia. NBC played a leading part in this drama. From Prague, London, Berlin, Godesberg, Padua, Udine, Brussels and other capitals and cities seeth- ing with war news came hun- dreds of broadcasts, given by crack reporters and broadcasters. Hitler was heard in his Nurem- berg and Berlin addresses. Presi- dent Benes of Czechoslovakia spoke from Prague. Chamberlain ex- pressed his hope for peace from 10 Downing Street and Daladier, on the eve of his departure for Munich, reassured the world that France would do its utmost to preserve peace. Mussolini expressed his country's will in two addresses over NBC. Finally, NBC scored a world beat in giving the text of the Munich peace almost a full hour be- fore it was presented elsewhere. CONTRIBUTIONS NBC has also led in the de- velopment of the broadcasting studio. Many of the basic contributions to studio design have been contributed by the NBC engineering department. Broadcasting began in ordinary of- fices converted to the use of radio by the simple expedient of hanging drapes on the walls to prevent echoes from reaching the crude microphones. WJZ had a studio of this type in 1921. The first studios of the "floating" type, suspended on steel clips, were built into the famous NBC plant at 711 Fifth Avenue, New York, for years known as "broadcasting headquarters." In 1933 NBC moved into the present studios at Radio City, which imme- diately became the standard for broadcasting studio construction. And NBC has extended its ultra modern studio system across the country. Washington, D. C, Phila- delphia, Schenectady, Cleveland and Hollywood have all had new plants built within the last two years. The Hollywood plant has just been put into operation. With an eye to the future, the NBC has gone into intensive ex- ploration of two new radio fields — television and international short wave broadcasting. In television, NBC has been active for more than a decade, first with mechanical scan- ning equipment and lately with the all-electronic system. NBC main- tains a complete television staff at Radio City, the only one in the United States exploring every aspect of television broadcasting, in an- ticipation of regular public service. In the international field, Stations W3XAL and W3XL, with trans- mitters at Bound Brook, New Jer- sey, broadcast news bulletins and spe- cially built programs in six different languages on radio beams directed at Europe and South America. new neighbor, NB C KNX RCA Continues to Build A mericas Radio A udience! Better programs — which increase the demand for better radios — are constantly being fostered by NBC's own unsponsored pro- grams . . . they constitute 70% of NBC's time on the air! NBC HIGHLIGHTS These are but a few of the many fine programs which make up NBC's 70% unsponsored time on the air! * Metropolitan Opera Broadcasts ~k NBC Symphony Broadcasts * Music Appreciation Hour * National Farm & Home Hour * NBC Radio Guild * America's Town Meeting of the Air * The Radio Pulpit * University of Chicago Round Table RCA presents the Magic Key every Sunday, 2 to 3 P. M., E. S. T., on the NBC Blue Network. During 1937 the National Broad- casting Company, a service of RCA, broadcast more than 50,000 unsponsored programs. Such ser- vice accounted for 70% of all NBC time on the air. The variety offered was as wide as human interests. Through the miracle of radio such programs bring to millions entertainment, information and help which they could not receive otherwise. Through NBC, living rooms become boxes at the Met- ropolitan Opera. Or they are filled with the sonorous cadences of great symphonies, played by the NBC Symphony Orchestra, con- ducted by Arturo Toscanini, or some other famous conductor. Again, it may be current prices of eggs, or pork, or a discussion of books and plays. But whatever the subject, if it is of interest to any considerable part of the pub- lic, NBC provides programs which deal with it. Programs such as these, to- gether with the fine programs sponsored by NBC advertisers, have been largely responsible for the increased sale of radios. And in offering listeners better radios RCA further stimulates America's interest in fine radio programs. Radio Corporation of America RADIO CITY, N. Y. RCA MANUFACTURING CO., INC. RCA INSTITUTES, INC. RCA COMMUNICATIONS, INC. RADIO MARINE CORPORATION OF AMERICA NATIONAL BROADCASTING COMPANY Page 6— October 31, 1938 MOTION PICTURE DAILY N BC — HOLLYWOOD PULL THE STRINGS On their orders, 100 programs a day are presented to audi' ences of millions. On their orders oceans and continents are bridged, time and distance and all difficulties ignored LENOX R. LOHR President DAVID SARNOFF Chairman of the Board NILES TRAMMELL Vice-Pres,, Central Division JOHN F. ROYAL Vice-President, Programs DON GILMAN Vice-President, Western D'nision ROY C. WITMER Vice-President, Sales A. L. ASHBY Vice-President and Counsel FRANK RUSSELL Vice-Pres., Washington, D. C. MARK WOODS Vice-President and Treasurer GEORGE ENGLES Vice-President, Artists Service FRANK E. MASON Assistant to President WM. S. HEDGES Vice-Pres., Stations Relations O. B. HANSON Vice-President, Engineering lations and g w',shNelsonEddY Yes,Chaa>e6rsefine new studio and we wish them %.Catto* Betgen. i . y,M {or V»apP»- ness and w ibout *e -ho\e thing- ctroud Claude b«°u i I . e we gWmg ^ *e Are *e y Bergen/ old homestead, d » ^ollywoo^ H broadcasting d\os- Stroud V«< n- Hd»V ness m 7U wood horne^ botn ft?- Con9^n5 lucVl Don Atne CONGRATULATIONS TO NBC Jessica T)ragonette Management: Haensel & Jones, 113 West 57th Street, New York Division: Columbia Concerts Corporation of Columbia Broadcasting System COPY CENSORED! But best wishes anyhow! Bob and Bing MOTION PICTURE DAILY Page 10 — October 3 1 , 1938 JLFJrTk.M. Mj JL N B C — HOLLYWOOD Sarnoff The career of David Sar- noff, president of RCA, and chairman of the board of NBC, has been contem- pansion of radio. In the upbuilding of the system of international radio communications from this country, the growth of radio broadcasting and in the application of radio to motion pictures and other industries, he has played an important part. Sarnoff's career typifies Ameri- can opportunity. Born in 1891, he was brought by his parents to Amer- ica as a child, the eldest of five chil- dren. The death of his father when David Sarnoff was still in his 'teens placed the burden of family support upon the boy's shoulders. He was in turn delivery boy, news boy and messenger boy. As a messenger he worked in the old New York Herald telegraph of- fice where he built up an income of $5 a week in addition to what he made from his paper routes. Sav- ing money, he bought a telegraph instrument and in six months learned the Morse code. In lulls be- tween business the 15-year-old oper- ator exchanged messages for prac- tice with a man in the main office, who became interested. When Sar- noff confided his hope of getting a job somewhere as an assistant tele- graph operator he advised him to go to the office of the Marconi-Wire- less— which w'as doing something new in communications. The idea of flinging messages in code through space appealed to Sarnoff and he applied for a job as operator. The chief engineer offered him a place as office boy at $5.50 a week, which he accepted. This job proved the inspiration of his career. He bought technical books and spent his weekends in the experimental shop of the Marconi Co. BECOMES OPERATOR At Siasconset, on Nantucket Island, Massachusetts, there was a lonely wireless station of the Mar- coni Co. One of its prides was a good technical library on radio. There was little to do outside work- ing hours but read the books and that was not sufficient inducement to make it easy to keep men con- tented there. Sarnoff, then 17, seized a chance to go to the sta- tion as an operator at $60 a month. He remained there for two years and read all the books in the com- pany's library, becoming a full- fledged operator with a $10 a month raise. When he wanted to take a special electrical engineering course at Pratt Institute in Brooklyn he asked for a transfer to the company's wireless station at Sea Gate, Coney Island. At about that time John Wana- maker decided to equip his New York and Philadelphia stores with the most powerful radio stations that could then be designed. Sarnoff asked for the New York job, with the thought that it would give him regular hours and free evenings to attend Pratt In- stitute. The assignment led to his first real opportunity. On April 14, 1912, he was sitting at his instru- ment in the Wanamaker store in New York. Leaning forward sud- denly, he pressed the earphones more closely to his head, Through the sputtering and static he was hear- ing a message : "S.S. Titanic ran into iceberg. Sinking fast." TITANIC DISASTER For the next 72 hours Sarnoff sat at his post, straining to catch every signal that might come through the air. By order of the President of the United States every other wireless station in the country was closed to stop interference. The loss of the Titanic and the great service of radio aroused pub- lic consciousness to the importance of this new service. Congress passed a new law making much stricter the requirements regarding equipment and operators on seagoing vessels. Sarnoff became successively Chief Inspector, Assistant Chief Engineer, Assistant Traffic Manager and in 1917, Commercial Manager of the Marconi Co. In 1919, when RCA was formed, it acquired the Ameri- can Marconi Co. and appointed Sar- noff commercial manager. Sarnoff's confidence that radio had a larger future than that of a system of record communication When Lenox Riley Lohr was appointed to the presi- dency of NBC in 1935 by David Sarnoff, his ap- pointment occasioned com- plete surprise in the industry, for Lohr, an Army man, was completely devoid of broadcasting experience. It is an open secret that not many persons in the industry expected him to remain in the radio scene for any length of time, yet in his three-year stewardship of the network, Lohr early proved himself as one of the most competent executives in broad- casting ranks. Lohr, born in Washington, D. C, directed his youthful ambitions to- ward the United States Army, and in 1916, upon graduation in Mechan- ical Engineering with honors from Cornell University, he became an officer in the Coast Artillery Corps. After taking the course at the Coast Artillery School at Fort Monroe, Virginia, he transferred to the Corps of Engineers. COMBAT SERVICE Before going to France in May, 1918, he attended the School of Codes and Ciphers at Riverbank Laboratory, Geneva, Illinois. Al- though he went overseas with the Fourth Engineers as Company Com- mander and Topographical Officer, upon arrival he was assigned to take the course at General Staff College at Langres. His combat service was as Adjutant of the 57th Infantry Brigade of the 29th Division. While on this duty, participating in the Meuse-Argonne defensive, he was cited for meritorious service in ac- was expressed in recommendations he made from time to time on new applications of radio. In 1915, years before the advent of broad- casting, he submitted to the general manager of Marconi his proposal for a "radio music box." The situ- ation in the industry at that time did not permit of its adoption and the coming of the war turned attention for the time to the use of radio for war purposes, but the various sug- gestions in the proposal are of inter- est when considered in the light of how broadcasting has since devel- oped. CULTURAL SIFTS In the field of radio broadcasting Sarnoff was an early believer in the importance of the new medium as a cultural and educational agency. He established the weekly "Music Ap- preciation Hour" under Dr. Walter Damrosch, now a regular part of the curriculum in thousands of schools throughout the United States, and arranged for grand opera to be broadcast from the stage of the New York Metropolitan Opera House, at a time when such programs were re- garded as startling innovations and unlikely to attract an audience. In 1937 Sarnoff engaged Arturo Tos- canini to conduct a series of ten symphonic programs over the NBC networks. tion and reached the rank of Major. Following the war he studied at Claire College, Cambridge Univer- sity, England. Upon his return to the United States he was assigned first to the Office of the Chief of Engineers and then as an instructor in Electrical Engineering and International Law at the Engineer School. From 1922 to 1929 he was Execu- tive Secretary of the Society of American Military Engineers and editor of its journal, The Military Engineer. During this period he was a member of the Federal Board of Surveys and Maps and a member of the Commission of the War Memo- rial to American Engineers at Lou- vain, Belgium. In 1929 he became General Man- ager of A Century of Progress, Chi- cago's International Exposition. HEADS NBC Following the closing of the Expo- sition, he became president of NBC. He was married November 18, 1924, to Florence Josephine Wim- satt, a graduate of the Johns Hop- kins University Medical School. They have three daughters and two sons. Lohr is an Officer of the Or- der of Ouissam Alaouite Cherifian of Morocco and holds memberships in the American Society of Civil Engineers, Society of American Mili- tary Engineers, Washington Acad- emy of Science, Sigma Phi Sigma and Scabbard and Blade and is a Director of The Chicago Museum of Science and Industry. He is the author of "Magazine Publishing." Qilman Hollywood Radio City, impressive new home of NBC programs, is a sym- bol of the tremendous ad- vances that have taken place in the Western Division of NBC during the 11 years in wdiich Don E. Gilman has headed the radjMk domain that stretches today frd^, Montana to Honolulu. Always interested in the communi- cation of ideas, by spoken or printed ' words, and an advertising expert of national repute, Don E. Gilman re- alized, when radio was just emerg- ing from the experimental stage, that here was a medium which was ideal for the transmission of thoughts and knowledge. Beginning his radio career as manager of NBC's western network in 1927, becoming vice-president in charge of the Western Division two years later, Gilman has worked for more than a decade to build up an organization which today serves 11 states and Hawaii through the fa- cilities of thirty-two stations. Realizing, as he guided the young western network, that program de- velopment was vital to listeners in his territory, Gilman pioneered the building of programs with Pacific Coast talent for western listeners. The growing importance of Holly- wood as a production center became obvious even when one employee was sufficient to maintain the NBC office. As programs moved west- ward, and more were developed, the modern studios on Melrose Avenue were established. TO HOLLYWOOD In 1937 Gilman transferred his headquarters to Hollywood. The studios there, like the entire West- ern Division, were becoming of greater importance to the nationwide audience every year. With the announcement of the now completed construction of Hollywood Radio City, Gilman's faith in the Western Division of the National Broadcasting Company was justified. The NBC vice-president, who de- serves a large share of credit for the expansion of the Western Di- vision, culminating in the completion of the new Hollywood studios, was born in Indianapolis, the son of a newspaperman. While he was still in high school he developed his own printing plant, and when he finished school he became an employee of the Indianapolis Sentinel as "printer's devil." Within a few years he was a newspaper plant superintendent. Coming west when he was 23 years old, Gilman increased his ex- perience by working on Pacific Coast newspapers. When he was superin- tendent of a group of Scripps-McRae publications, he turned definitely to advertising. In Los Angeles, Gilman became a member of the Los Angeles Ad- vertising Club and chairman of its Vigilance Committee. Later, in San Francisco, he was president of the Commercial Club, president of the Pacific Advertising Clubs As- sociation, and vice-president of the Associated Advertising Clubs of the World. Lenox Riley Lohr 1 GEORGE CEHANOVSKY Baritone METROPOLITAN OPERA ATWATER KENT GENERAL ELECTRIC GENERAL MOTORS Management: NBC ARTISTS SERVICE, RCA Bldg., New York George Engles, Director PIERRE GENIA LUBOSHUTZ and NEMENOFF IN THE FOREFRONT OF THE TWO-PIANO TEAMS The Press says: "They are to be cherished as a couple empowered to delight the public ear." — New York Post, January 4, 1938 "Something to marvel at. They bid fair to rival in popularity any and all of the two-piano teams now active." — Washington Post, January 18, 1938 A RECORD OF 60 DATES, THEIR SECOND SEASON LAST YEAR "What a two-piano team! In a class second to none." — Dallas Dis- patch, October 27, 1937 "A great musical experience. Super pianism was enjoyed and mar- velled at. Brilliant virtuosity — superlative precision of rhythm." — Richmond Times Dispatch, January 19, 1938 Management: NBC ARTISTS SERVICE RCA BLDG. NEW YORK GEORGE ENGLES, Director Congratulations, N. B. C. JACK BENNY and MARY LIVINGSTONE with all good wishes LUCILLE MANNERS RADIO - CONCERT - STAGE STAR OF CITIES SERVICE CONCERT WEAF FRIDAYS 8 P.M. E.S.T. MANAGEMENT GEORGE ENGLES NBC ARTISTS SERVICE R.C.A. BLDG. - - - NEW YORK FRANK J. BLACK General Music Director National Broadcasting Company, Inc. FRANK HODEK Musical Conductor NBC HOLLYWOOD MARIE LOUISE QUEVLI STAGE, RADIO, CONCERT, OPERA VICTOR RECORDS RALPH BLANE FEATURED NBC ARTIST Gustave Haenschen Page 14— October 31, 1938 MOTION PICTURE DAILY N BC — HOLLYWOOD Hollywood Radio City consists of eight studios and a three story office building which faces west in the direction of Beverly Hills and Santa Monica. The of- fice building is 257 feet long and houses the executive, program, pro- duction, publicity, artists' service, sales and other departments func- tioning behind the scenes of NBC broadcasts from Hollywood. At the apex of a triangle — a rounded apex — on the northeast cor- ner of Sunset and Vine — is a three story lobby which links the office building with four auditorium studios built as individual units on a modified motion picture sound stage plan, but actually linked to- gether with glass brick walls. The space between the auditor- iums is utilized for corridors and artists' dressing rooms. The studio side of the building, looking south toward the Pacific Ocean and facing on Sunset Boule- vard, is 367 feet long, running from Vine Street to Argyle Street. A high terrace reached by a series of voluted concrete stairs runs the length of the building, covered by a marquee lighted at night with three neon tubes. The exterior of the entire plant is done in blue green, a color chosen because it reduces the glare of the burning California sun, and blends best with the blue of the sky. The terrace wall is painted a deeper green. Its floor is of red cement, and the steps of red terra cotta tile. The lobby interior, reached from the street through six doors, three on the Sunset and Vine Street side, and through a corridor on the north side leading to the office building, is 50 by 50 feet with a ceiling height of 40 feet. As visitors enter they are faced by a mural covering the entire curved half of the northeast wall. STUDIO HEART Directly under the mural is the "master" control panel of the studios, heart of the complicated maze of wiring which laces the plant. The glass fronting the room is arranged in curves so that it reflects all re- ■'flected light rays downward and traps them in a black plush pit. The lobby floor is terrazzo de- signed with a series of concentric arcs representing radio waves. The arcs are white where they start at the control room and become darker as they reach the walls. The lighting in the lobby has its origin in a concealed cove at the top of an aluminum architrave. In the daylight, sunlight is admitted through glass brick panels, running up to the ceiling over the lobby doors. Acoustic tile made of ex- panded mica is used on the ceiling and portions of the walls for acous- tical treatment. Visitors enter each of the four auditorium studios direct from the terrace. The first studio east of the lobby is "A," 60 by 100 feet over- all, with a seating capacity of 340, and 3,000 square foot stage, capable of accommodating 1,500 standing people. From the proscenium to the back walls Studio "A" is painted in graded values of brown. The seats are covered with a sound absorbing fabric of blue. The carpeting is copper rose. The front curtain is turquoise, the intermediate and rear curtains egg blue. The stage floor is covered with linoleum with terra cotta border, turquoise feature strip and a tan field. The auditorium lighting is of the indirect, cove type, both foot and overhead lights hidden behind Y-surfaced valances that in reality are a series of flat triangles intended to scatter sound and pre- vent "microphone rattles." "Mike rattle" is caused by sounds that register with the mike innu- merable times as they reflect from wall to wall. To solve this prob- lem, not only the stage ceiling but also the studio walls are broken into V'd surfaces to disperse extraneous sound. The rear wall in the studio and one-fifth of the side walls are of perforated board covering thick layers of rock wool which acts as a sound absorber. Studios "B," "C" and "D," which range in that order east on the ter- race from Studio "A," resemble "A" in everything except color schemes and in detail of design. Each seats 340 persons, and "B" and "C" are smaller in stage area, with overall dimensions of 45 by 110 feet, and program platforms of 2,000 square feet each. WORLD'S LARGEST The 3,000 foot platforms of "A" and "D" are the biggest in the world built for radio. NBC in Hollywood Each of the four studios has its own lobby, with lounging rooms off the lobby. Rehearsals may be watched through soundproof glass panels in the lobbies. Each studio is provided with glass-enclosed clients' rooms for use of the spon- sors and their representatives. The clients' rooms, visible to the audi- ence, overlook the stages directly over the control rooms. Like the clients' rooms, the control rooms are equipped with thick double glass windows for sound-proofing, slanted to eliminate annoying reflections of studio lights and sounds. Two sets of stage doors for artists, writers, producers and tech- nicians are provided in each studio, each set equipped with a "sound lock," or a chamber with double doors which permit anyone entering the stage during a broadcast to close the exterior door, shutting out out- side noise before opening the studio door. The offices on the three floors of the business building range on both sides of a wide corridor covered with a deep red linoleum. Their ceilings are finished in sound- absorbing acoustical plaster to deaden telephone and typewriter noises. Their color schemes are various. A special paneled confer- ence room is provided for radio ex- ecutives on the second floor near the office of Don E. Gilman, vice- president in charge of the western division. Power and air conditioning ma- chinery is located in the basement, which runs under the entire plant. The air conditioning system, de- signed especially for Hollywood Radio City, controls both tempera- ture and humidity in the studios. The air is sucked in from the out- side and cooled by refrigerated water from a tank, then blown through underground tunnels into the studios. Eight complete air changes are made per hour. A view of one of the observation rooms overlooking stages and auditoriums in NBC's new Hollywood Radio City. A sound proof glass panel enables guests to see action on stage. They hear the program by means of a loud speaker. Studio "D", one of four large audience studios. Microphones, suspended from side walls, catch audience reaction during broadcasts. Between doors in back- ground is an observation window through which late arrivals may watch programs. DAVE ELMAN HOBBY STORIES so fantastic they sound like fairytales- yet every word is true! Told by real men and women, not actors ! Tune in and see why critics and thousands of listeners every- where have voted "Hobby Lobby" the best radio idea of the year. HOBBY LOBBY SPONSORED BY FELS - NAPHTHA SOAP CHIPS Me KIDOODLERS FEATURED BY NBC RED & BLUE NETWORKS WARNER BROS., FOX, UNIVERSAL, PATHE SHORTS, MAX FLEISCHER CARTOONS NBC ARTISTS BUREAU SHERRY ALLEN ■ PERSONAL REP. Best Wishes To NBC In Hollywood VIRGINIA PAYNE (MA PERKINS) 5 YEARS COAST TO COAST "ONE MAN'S FAMILY" Written and Produced By CARLTON E. MORSE ED. LATIMER •"Mrs. Wiggs of the Cabbage Patch" •"Just Plain Bill" •"David Harum" •"Mr. Keen Tracer of Missing Persons" •"Alias Jimmy Valentine" (with Bert Lytell] Blackett, Sample & Hummeii, Inc. Agency MORRIS PLAN BANK'S •"You, the Unseen Jury" (Defense Attorney) NBC and CBS KEN CARPENTER NBC Announcer "Ry-Krisp" "Now and Then" "One Man's Family" "The Gilmore Circus" "Kraft Music Hall" PAULA DURAND FEATURED NBC ARTIST mm JEAN ELLINGTON APPEARED ON R.C.A. Magic Key Kellogg's Ford Chevrolet Hammerstein Music Hall ■ PARAMOUNT MUSICAL SHORTS Heard regularly on own NBC Sustaining Congratulations . . . JOLLYuBILL STEINKE "NO SCHOOL TODAY" "JUNIOR NEWSREEL" "JOLLY BILL AND JANE" "NBC SANTA CLAUS" ETC SHERRY ALLEN Personal Representative FOR THE KIDOODLERS THE KAMPUS KIDS JANE CLIFTON HAL CORDON REMINGTON PRODUCTIONS 1585 BROADWAY, NEW YORK CLEM MCCARTHY SPORTS COMMENTATOR NBC SPECIAL EVENTS PATHE NEWS SPORTS-VOICE VITAPHONE SPORT SHORTS NEWSPAPER COLUMN KING FEATURES RELEASE COMMENTATOR ROLE METRO-GOLDWYN-MAYER FEATURE PRODUCTION "THE CROWD ROARS" hello there I blue network long about quarter of TED MALONE NBC Radio Rubes Mountain, hymn, rag- time, cowboy, folk tunes. Any old song RADIO PICTURES VAUDEVILLE MGT.: NBC ARTISTS SERVICE 30 Rockefeller Plaza, N. Y. C. JACK MAC BRYDE "The Old Ranger" IN DEATH VALLEY DAYS SPONSORED BY Pacific Coast Borax Co. A McCANN - ERICKSON PRODUCTION 1930 — Coast to Coast — 1938 EASY ACES Ninth Year on the Air Compliments Anne Seymour (Mary Marlin) CHARME ALLEN Characters and Dialects Now Appearing in • DAVID HARUM • OUR GAL SUNDAY • BIG SISTER • PRETTY KITTY KELLY • AUNT JENNY'S REAL LIFE STORIES Recordings: LANGLOIS & WENTWORTH R.C.A. VICTOR TRAD WAYS-SLIDE FILMS CLEVELAND B. CHASE REEVES STUDIOS Beverley Lane coloratura soprano Opera - Radio - Concert ROSS GRAHAM Bass- Baritone CITIES SERVICE CONCERT Red Network, Fridays, 8 to 9 P.M. FORMERLY— Maxwel Showboat House APPEARANCES — Chevrolet, General Motors, various major programs. Concert and Opera AVAILABLE Management: N.B.C. Artists Service MOTION PICTURE DAILY Page 18— October 31, 1938 MJJr9k.M. MJ JL N B C — HOLLYWOOD 50,000 PROGRAMS PRODUCED YEARLY When a radio listener snaps on the switch and tunes in one of the stations of the NBC networks, the sound which immediately pours from the receiving set rep- resents a multitude of varied activi- ties which never appear on the surface. The NBC organization is made up of more than 2,000 men and women who never are heard over the air. These include, among many others, program "builders" writers, talent "scouts" and engineers, all of whom contribute to broadcasts. As the largest organization of its kind in the world, NBC during the past year broadcast more than 50,000 separate programs. Each of these had to be arranged individually, re- hearsed, timed, assigned to a studio, announced to press and public, and finally sent out over the proper, pre- arranged, network of stations, which had been advised of the program in advance and had replied that the program was desired for broadcast- ing. When it is kept in mind that ap- proximately 100 programs are put on the air by NBC each day, it is possible to get some idea of the complexity of network broadcasting. The NBC program department is directly responsible for everything which goes out over the air. The department itself is divided into various parts, having to do with music, continuity, speakers, special events, production, commercial and sustaining auditions, and so forth. Other sub-divisions of the program department include the music library, which incidentally is the largest "working" library of music in the world, and the music and literary rights department, which is charged with checking every composition and script used, for possible restrictions. TALENT PROBLEMS One of the chief duties of the pro- gram department is to be continually on the look-out for good, new ma- terial. Auditions are held daily, for individual artists, orchestras, actors and others who believe that their future success lies in radio. This belief, in the vast majority of cases, is unfounded, but the occasional ex- ception makes the time spent in lis- tening to auditions well worth while. As a rule, however, only established performers are heard over the net- works, those with previous profes- sional experience of a successful na- ture to their credit. The program department also ar- ranges all "nemo" programs, those originating outside the studios. The majority of these are dance bands and orchestras, which are picked up from hotels and night clubs in vari- ous parts of the country, or ad- dresses being delivered before public meetings. The "Nemo" programs also include broadcasts from planes and sub- marines, from ringsides and football stadiums, from the floor of Congress, the world series and innumerable other places where events are occur- ring as the broadcasts take place. When a program is definitely scheduled, an order is issued to that effect, and the traffic division of the station relations department informs the various stations on the desig- nated network, giving exact time and detail of the program. These sched- ules are sent out to the stations over special telegraph wires, and the sta- tions reply in the same manner as to whether they will take the pro- gram, or have previous commitments for local broadcasts. Thus the net- works, consisting of leased telephone wires connecting the stations, are set up for each program, varying from one to another. The traffic division also is respon- sible for providing special leased wires for all "nemo" broadcasts, to connect the point of origin of the programs with the networks. It also orders up the short-wave fa- cilities which bring foreign programs across the oceans for re-broadcast over NBC. ENGINEERS Responsibility for seeing that each program is transmitted to the proper network rests with the department of technical operations and engineer- ing. In this department are the studio engineers and the men in the master control room. In the tech- nical department also are the field engineers, who handle the pick-up of all "nemo" programs, the experi- mental engineers, who are constantly working to develop and perfect new and improved facilities, and the maintenance staff, charged with the care of all equipment. Many of these men are outstanding leaders in the field of radio engineering, and are responsible for numerous advances in broadcasting. The departments so far described, namely program, station relations and technical operations and engi- neering, are those directly connected with providing and transmitting pro- grams over the networks. Other de- partments of NBC are artists' serv- ice, sales, press, legal, mail and gen- eral office. The NBC Artists' Service acts as agent for artists, orchestras, speak- ers and performers of all kinds, not only for radio work, but for the con- cert stage, vaudeville, motion pic- tures and private entertainments. The mail department receives and classifies millions of letters from listeners each year. The functions of the legal and general office depart- ments are obvious. The sales de- partment handles the sale of time over the networks, sale of "talent" being a function of artists service. All these various elements operat- ing smoothly as a single organiza- tion despite their widely varying duties, make up NBC, which through miles of wire provides program service to 159 stations, from the At- lantic to Hawaii, 18 hours a day the year 'round. Bill Spier, director for the March of Time broadcasts, utilizes radio's sign language to get his idea across to the production man in the studio. The signs are to bring up orchestra, better placement, fade orchestra, cue to sound effects man. HOLLYWOOD LOG SUNDAY JELL-O PROGRAM starring Jack Benny and Mary Livingstone, Kenny Baker, Andy Devine. Red network, 7 P.M. CHASE & SANBORN with Don Ameche, Nelson Eddy, Charley McCarthy-Edgar Bergen, Dorothy Lamour, Judy Canova. Red network, 8 P.M. OUT OF THE WEST with Vernon Osborne, Armand Gerard, George Nixon. Blue network, 8 P.M. HOLLYWOOD PLAYHOUSE . . . .starring Charles Boyer. Blue net- work, 9 P.M. IRENE RICH PROGRAM featuring Miss Rich. Blue net- work, 9:45 P.M. MONDAY AMOS 'N' ANDY Monday through Friday. Red network, 7 P.M. AL PEARCE PROGRAM with the Pearce "Gang." Red network, 8 P.M. THOSE WE LOVE dramatic sketch with Nan Grey. Blue network, 8:30 P.M. TUESDAY PEPSODENT PROGRAM starring Bob Hope, Skinnay Ennis, Jerry Colonna. Red network, 10 P.M. JIMMY FIDLER Red network, 10:30 P. M. WEDNESDAY ONE MAN'S FAMILY dramatic sketches. Red network, 8 P.M. THURSDAY M-G-M GOOD NEWS with Frank Morgan, Fanny Brice, Robert Young, and guests. Red network, 9 P.M. KRAFT MUSIC HALL with Bob Burns, Bing Crosby. Red network, 10 P.M. FRIDAY JIMMY FIDLER Red network, 7:45 P.M. SATURDAY AMERICA DANCES musical program from Holly- wood. Red network, 9:30 P.M. Congratulations NBC I Am Proud To Be On These NBC Programs: As "FRED" in "ROAD OF LIFE" As "BILL STEVENS" in "FATHER AND SON" As "BILLY THE KID" in "DICK TRACY" LAWSON ZERBE GREETINGS NBC FROM THE SWEETHEARTS OF THE AIR MAY SINGHI BREEN •THE UKULELE LADY" and PETER DE ROSE COMPOSER PIANIST "CALLING ALL SWEETHEARTS" FROM COAST TO COAST MST. NBC ARTISTS SERVICE P. S. "Too Marvelous For Words" is how thev describe BAILEY AXTON'S glorious tenor voice. JEAN DICKENSON American Album of Familiar Music Sunday Nights NBC Red Network Formerly Hollywood Hotel Series John GURNEY Bass-Baritone Metropolitan Opera "One remembered Chaliapin and felt that in John Gurney were the qualities that might develop a suc- cessor to that mighty Russian." — St. Louis Globe Democrat. His radio appearances during the past season have included the Ford, Sealtest and Rudy Vallee Hours. MGT. NBC ARTISTS SERVICE RCA Bldg. New York VOX POP Seventh Year on the Air Fourth Year on NBC Radio's Original General Interview Program PARKS JOHNSON and WALLY BUTTERWORTH New York City HELEN HENRY RADIO and CONCERT SOPRANO under contract to NBC Appeared with NBC Symphony under direction of DR. WALTER DAMROSCH LEOPOLD SPITALNY management: NBC Artists Service Hf f AGNES MOOREHEAD • The March of Time • The Shadow • Ben Bernie Show • Mercury Theatre of the Air Congratulations NBC JIMMY TANSEY FIVE YEARS as DANNY O'NEILL of THE O'NEILL'S Management: ED WOLF HEARD WED.-FRI. 5:30 P. M.. C. S. T. — Blue Duo-Piano Arrangements. Dialogue . Songs Available as complete unit — or GUEST ARTISTS for RADIO. TRANSCRIPTIONS. STAGE. SCREEN N.B.C. ARTISTS BUREAU Alice Remsen Writes, directs, sings and acts on her own NBC network shows. CASTLES OF ROMANCE FOUR YEARS LAND OF MAKE-BELIEVE THREE YEARS TURN BACK THE CLOCK TWO YEARS Featured artist on EVENING IN PARIS 39 weeks ECHOES OF NEW YORK TOWN. .2 years MASTER KRAFT OIL BURNERS. 21 weeks Death Valley Days, Standard Oil and many others // you want a Versatile, Reliable, Experienced Artist Call ALICE REMSEN. RAvenswood 8-2636 Or NBC Artists Service, Circle 7-8300 New York Peter Van Steeden appearing with his orchestras o n TOWN HALL TONIGHT Wednesdays at 9 P. M. NBC-RED Network and FOR MEN ONLY Tuesdays at 8:30 P. M. NBC-RED Network extends best wishes to Stations K E C H - K F I 6 Reasons Why! COMPLIMENTS OF BERT HIRSCH CONDUCTOR of "Langworth Swing Orchestra' "I. J. Fox Fur Trappers' "Helen Menken Broadcast" "Langworth Military Band' VIOLIN SOLOIST on the Album of Familiar Music, Singin' Sam, Pet Millt, and Pick & Pat Broadcasts ELVIRA RIOS Mexico's Singing Star in her own program over NBC-Blue Network every Thursday 3:30 - 3:45 LUCILLE LINWOOD For Radio • Stage • Screen Voice % Personality % Charm Second year N.B.C. Network Built Audience % Large fan mail Highly publicized Seven years dramatics Intimate singing style Singing her way into the hearts of millions of listeners via the N.B.C. Blue network GUEST STARRED: 13 Weeks Town Hall Program Hammerstein Music Hall etc., etc. Available for Radio, Stage, Screen MANAGEMENT N.B.C. ARTIST SERVICE NEW YORK CITY KEEP YOUR RED CROSS ALWAYS READY r.l Si RED CROSS ROLL CALL November 11 -24, 1938 Your memberships given NOW assure prompt Disaster Relief, help for dis- abled veterans, and Life Saving & First Aid training. Motion Picture Group NEW YORK CHAPTER AMERICAN RED CROSS 315 Lexington Ave., New York JUNE LYON JERRY MARLOWE Two Grand People at Their Two Grand Pianos Congratulations NBC It's RCA ALL THE WAY in Hollywood RCA Victor shares with the National Broadcasting Company its pride in the new NBC studio in Hollywood. Naturally. RCA Victor is delighted that its fellow company should be progress- ing so notably on the Coast. In all phases of sound reproduction and transmission, the whole country has been going RCA All The Way. In Holly- wood, especially, this swing to RCA is strikingly in evidence. Witness the new NBC studios, which are completely RCA equipped. Witness the ever increasing number of RCA Victor Radios and Victor Records in Hollywood homes. And witness particularly, RCA Photophone, whose rapid rise is the talk of the movie sound business. RCA Photophone recording is now used by many major Hollywood studios— and the RCA Photophone Magic Voice of the Screen is used for reproduction by more than 5.000 theatres from coast to coast. Proof that "RCA All The Way'' means the finest in sound reproduction! RCA PHOTOPHONE Listen to the Magic Key every Sunday, 2 to 3 P.M., E.S.T. on NBC Blue Network. A SERVICE OF THE RADIO CORPORATION OF AMERICA Congratulations M.P.T.O.A. CONVENTION DELEGATES V-» Reputation for top photo- graphic quality is no accident. Superior Pan comes by its good name, because of its proven ability to produce a good nega- tive. It picks up the detail in shadows, and records highlights brilliantly without plugging. Its pleasing gradation gives middle and quarter tones their full value. And its color sensitivity is balanced to approach closely that of the eye. ^ For superb photography in your next production, rely on Du Pont Superior Pan. Du Pont Film Manufacturing Corporation INCORPORATED 9 Rockefeller Plaza New York N. Y. Plant . . Parlin, N.J. SMITH &. ALLER, LTD. 6656 Santa Monica Blvd. Hollywood . . . California BETTER THINQS for BETTER LIVING through CHEMISTRY Alert. Intelligent MOTION PICTURE DAILY First in Film an< VOL. 44. NO. 86 NEW YORK, TUESDAY, NOVEMBER 1, 1938 TEN CENTS M Officials Reelected at MPTOA Meet Action Precedes First Business Session Oklahoma City, Oct. 31.— After reelection of all officers and directors at a meeting of the executive commit- tee yesterday, the M.P.T.O.A. today settled down to hearing speeches of exhibitor and distributor leaders at the first business session. The convention was informed of the opinion that theatres are outside the wage-hour law, news of which arrived in the form of a letter to A. Julian Brylawski. Registration stood at 300 this after- noon with late arrivals still coming. Today's business session began at (Continued on page 4) Williford Elected President of SMPE Detroit, Oct. 31.— E. Allan Willi- ford was elected president of the So- ciety of Motion Picture Engineers for 1939 at the opening of the organiza- tion's three-day fall convention at the Hotel Statler here today. Other officers named were : Na- than Levinson, executive vice-presi- dent ; Arthur S. Dickinson, financial vice-president ; John I. Crabtree, edi- torial vice-president, and William C. Kunzmann, convention vice-president. J. Frank, Jr., and L. W. Davee were reelected secretary and treasurer, re- (Continued on page 4) My Word! "How odd!" This was the comment of H. G. Wells in answer to a cable from the United Press which told the author of the terror which gripped thou- sands around the country fol- lowing the broadcast of his "War of the Worlds" by Or- son Welles' Mercury players over CBS. Broadway Picks Up; "De Luxe" $20,000 Business along Broadway picked up over the weekend with crowds in town for the football games. "Serv- ice De Luxe" finished with $20,000 at the Rivoli and was followed by "The Storm." "Frankenstein" and "Dracula" at the Rialto did a second week's business of $7,000. Another mystery, "Man with 100 Faces," opened there yesterday. "Marie An- toinette" grossed $6,340 in its 11th week at the Astor and will continue there for at least two additional weeks. A change of schedule at the Crite- rion will bring "Girls' School" there on Thursday instead of "Vacation from Love" and "Titans of the Deep." "Young in Heart" will follow "Young Dr. Kildare" at the Music Hall Thursday. "Men With Wings" is held over at the Paramount. "The Sisters" at the Strand will wind up a three-week run, to be succeeded by "Brother Rat" with Al Donahue and his band on the stage. "Suez" will also end a three-week run with "That Certain Age" next. "The Citadel" goes to the Capitol Thursday after two weeks for "Stablemates." DECIDE THEATRES OUTSIDE WAGE ACT South Wales Petitions for New Film Laws Sydney, Oct. 31. — Producers and exhibitors of Australia have presented a memorandum to Premier Stevens of New South Wales demanding a film commission and new legislation to govern the film industry of the state. Beside the demand for a commis- sion, the memorandum asks for the registration of foreign films, with a tax on their import designed to sub- sidize domestic production ; reciprocity on quota within the Empire ; control of theatre licensing ; fixing of film rentals, and a standard exhibition contract. The memorandum was signed by representatives of producer and ex- hibitor groups. The large majortiy of the films shown in Australia an- (Continucd on page 4) Montague Will Join Chicago Conference Abe Montague, Columbia distribu- tion head, will attend the trade prac- tice conferences with Allied in Chi- cago, starting Thursday. William F. Rodgers will arrive there from Okla- homa City, and Gradwell L. Sears may also attend. Attorney Gives Opinion For Andrews Subject To Courts' Review Washington, Oct. 31. — An infor- mal opinion that motion picture the- atres are exempt from the provisions of the labor standards act has been issued by the Wage-Hour Adminis- tration, but with a warning that, in the last analysis, authoritative de- cisions can be issued only by the courts. "Even though we were to assume the commerce fact," Calvert Ma- gruder, general counsel, ruled, "it is our opinion that such employes are exempt by the provisions of Section 13 (A) (2) as employes engaged in a retail or service establishment the greater part of whose selling or ser- vicing is in intrastate commerce." Magruder's ruling was in the form of a letter to A. J. Brylawski, vice- president of the M.P.T.O.A. Calling attention to the fact that the act does not confer upon the ad- (Continued on page 4) U. S. Starts Probe Of Studio Walkout Hollywood, Oct. 31. — Intelligence officers of the Internal Revenue Bu- reau, moving secretly, have launched an intensive investigation of the cir- cumstances which ended last year's ill fated Federated Motion Picture Crafts strike. Leaders of various labor locals, some of whom participated actively in the walkout, have been summoned to testify on the moves which ended the strike after eight weeks' duration. The testimony is reportedly in con- nection with the intelligence agents' desire to trace the circumstances sur- rounding the reported passing of $100,000 to a labor leader. Radio — Page 13 Panic Stumps Radio Heads; F. C. C. Equally Bewildered Confusion reigns in radio, and the lads who ply the networks are be- wildered by their own terrible mistake of Sunday night. The Federal Com- munications Commission is nervous trying to find the proper answer for permitting such a broadcast as that which was given by Orson Welles and his Mercury Theatre of the Air on H. G. Wells' "The War of the Worlds." Like children caught playing with fire, nobody has been able to ex- plain away the terrific public shock over this broadcast. The tremendous propaganda machines of radio have broken down, as the public storms the gates for an answer. Whether it was just immature judgment or lack of proper supervision by the authori- ties has not been determined. The dramatization, broadcast Sun- day night over CBS, terrorized listen- ers in all sections of the country who mistook fantasy for fact and believed that an army from Mars really had taken over the earth. Yesterday, as newspaper reporters, cameramen and newsreel crews (Uni- versal and News of the Day) crowded CBS headquarters for followup copy and pictures, Welles and CBS offi- cials handed out carefully phrased statements. A reading shows they did their best to explain the reason (Continued on Page 13) Trade Reaction to Program Is Varied Trade reaction was varied to the Orson Welles - CBS broadcast of Sunday night. To some the incident em- phasized the difference be- tween films and radio. Where- as in films the whole play is put on the screen, in radio the play is unseen and almost everything but the dialogue left to the imagination, and sometimes even most of that. Imagination and exaggeration therefore can run wild on the radio. To others the radio inci- dent confirms the industry policy of avoiding controver- sial subjects on the screen, especially those which could create public strife. The broadcast is compared to the wartime film "Beast of Berlin," a story of the in- vasion of America by the Germans. On the other hand, an H. G. Wells' film "Things to Come," made by Alexander Korda, British producer, which was exhibited here and contained a similar theme but anony- mous locale, didn't stir the b.o. much. MOTION PICTURE DAILY Tuesday, November I, 1938 Insiders9 Outlook Monogram's Sales Quota $6,750,000 2 i Purely Personal ► AMONG New Yorkers who trav- eled to the Variety Club party in Pittsburgh were Ed Saunders, Bill Rodger s, Ted O'Shea and Tom Con- nors, of Metro; Ned Depinet, Cres- son Smith and Jules Levy, of RKO ; Sam Rinzler, Louis Frisch ; Louis Weinberg, Rube Jackter, of Co- lumbia; Max Cohen, Max Feller- man, Edward Peskay, Willard Mc- Kay ; William Scully, of Universal ; Harold Rodner, W. B. ; George J. Schaefer, Harvey Day. • S. Sagall, managing director of Scophony in England, is due Thurs- day on the Queen Mary. He will in- vestigate possibilities in America for the marketing of television receiving sets and transmitters. • Harry D. Graham, district man- ager for Universal, will attend the Will Rogers memorial museum dedi- cation at Claremore, Okla., Friday, at the invitation of Gov. E. W. Marland. • Armand Denis, producer of "Dark Rapture," his wife, Leila Roosevelt, and their four children left New York yesterday on a two-month flying trip exploiting the picture. • Marc Lachmann, 20th Century- Fox exploitation director, has re- turned from Annapolis where he screened "Submarine Patrol." • Sol Midwall, cameraman formerly with Paramount and Educational, is in New York after a two-year stay in Hollywood. Lucius Beebe left for the coast yesterday to act as technical adviser on Cecil B. DeMille's "Union Pacific." • Luise Rainer has arrived from the coast by air. She recently finished "Dramatic School" for M-G-M. • Bob O'Donnell, after attending the Variety Club banquet in Pittsburgh, is spending a few days here. • Frank C. Gilbert, chief engineer of Altec Service Corp., has gone to the coast. Douglas Fairbanks, Jr. will sail Friday on the Queen Mary for a va- cation in London. • T. K. Stevenson, Erpi president, returned yesterday from Hollywood. MITCHELL MAY, Jr. CO., INC. • INSURANCE Specializing in requirements of the Motion Picture Industry 75 Maiden Lane, New York 510 W. 6th St. Los Angeles TRAVELING long dis- tances, from far and wide, showmen leaders came to Pittsburgh Sunday night to see the heart in show business re- vealed at the 10th annual ban- quet of Variety Club Tent No. 1. The curtain rises once yearly on the cheerful spirit and soul of the amusement world. And the party is as much a tribute to John Har- ris, chairman of the Pittsburgh party, as to the entire crew who work with him in the most de- serving work known. Since organized there 10 years ago, the work has spread to other parts of the country, and the nearly 1,000 men who attended the highlight Variety Club night of the year have sounded the call to form a Variety Club of New York, under the guidance of Bill Rodgers, of Metro, and George J. Schaefer, of RKO. The greatest metropolitan city of the world, home office of the amusement world, certainly will not be found wanting in this fine camaraderie of service, and good fellowship. T ▼ Alexander Korda's "Drums" may gross around $850,000 in the United States and Canada, estab- lishing a new all-time high for a British-made picture in this mar- ket. The gross compares fa- vorably with the first run grosses of good Hollywood product. The figures are running about double those for the earlier leading Brit- ish grosser s in this market, such as "The Private Life of Henry VIII" and "The Ghost Goes West," which grossed approxi- mately $525,000 each in this mar- ket, and "The Scarlet Pimper- nel," which, though still being played, may reach $550,000 in this market. Some of the grosses for "Drums" to date include a five- week total of $44,500 at the United Artists, San Francisco ; $21,000 at the Elgin, Ottawa, in three weeks ; $12,500 for a first week at the Apollo, Chicago ; $15,600 for a first week at the Capitol, Montreal; $9,000 in two weeks at the Four Star, Los An- geles; $13,000 for a first week at the Aldine, Philadelphia; $5,700 for its first three days at the Broadway, Portland, Ore., and $7,700 for the week. It took $1,870 for its opening day at the Plaza, Stamford, which compares with $2,000 for opening day of S. S. Remington Passes Cincinnati, Oct. 31. — While walk- ing with his wife along a downtown street Saturday evening, Sanford S. Remington, 49, operator of Remington Quality Pictures, Inc., an independent exchange, collapsed from a heart at- tack, and died. "The Hurricane," the only pic- ture with a one-day take of $2,000 at that house. At the Music Hall, it did $88,- 000 in its first week and $82,000 for the second. The picture's total first run business to date in this market is just over the $400,000 mark. It was released one month ago. T T Very nearly every first run house in the metropolitan area has booked "The World Is Ours," the all-industry short subject exploiting Motion Pictures' Greatest Year, campaign head- quarters reports. Exhibition of the subject will begin this week throughout the country with 1,000 prints available. ▼ T H. N. Richey of Detroit has been appointed director of exhib- itor relations for RKO Radio Pictures, distribution end of the RKO setup. He will serve under Ned E. Depinet, vice-president in charge of distribution. Richey has been director of public relations for Co-Operative Theatres of Michigan. He is a former secretary of Allied The- atres of Michigan. T T Russell Birdwell has tele- graphed that he has not resigned from Selznick International. ▼ T According to Albert A. Gal- ston, president of the Independ- ent Theatre Owners of South- ern California, the Department of Justice method for altering trade practices in the industry has been unworkable. He is a strong advocate of the concilia- tion board plan. A similar con- ciliation plan, which is now in operation to smooth grievances between the small exhibitor and the major circuits in Southern California, has proved successful, according to Galston, in no small measure due to the co-operation and support the matter has had from Spyros and Charles Skouras, who head National Theatres (Fox West Coast). T T More than 2,600 different ad- vertisements were turned out during the 1937-'38 season by the 20th Century-Fox advertis- ing department, under Charles E. McCarthy. The adsales art division turned out 284 posters, of all sizes, for the 52 releases. Zanuck to Outline Plans Darryl F. Zanuck, 20th Century-Fox production head, will outline his 1939- '40 production plans to company dis- trict managers and sales department executives at a studio conference Dec. 15. Herman Wobber, distribu- tion chief, will attend. W. Ray Johnston, president of Monogram, is in New York after three months on the coast. The com- pany's 1938-'39 sales quota, according to Johnston, is $6,750,000. Johnston stated that company sales are running ahead of last year by something like 500 accounts. Johnston plans to spend most of Ms time on the coast, to keep closef production. The company, he stated, will have 22 features completed by Dec. 30. Monogram has scheduled 42 fea- tures for the season. William J. Gell, managing director of Pathe Pictures, Ltd., Monogram's affiliate in the United Kingdom, will arrive Thursday. He will be accom- panied by Arthur Levy, Monogram's representative in London. They will discuss possibilities for the production of four pictures a year in England. The distributing com- pany will put up 50 per cent of the financing. Scott W. Dunlap, Mono- gram production head, is due tomor- row to sit in with Johnston in the discussions. Copyright Talks to Be Resumed Nov. 4 Further consideration to the inter- national copyright situation will be given by the Committee for the Study of Copyright at a second conference which has been set for Nov. 4 at Columbia University. All industries interested in copyright protection are represented on the committee and each group will submit a list of suggestions. The committee will decide which sug- gestions are to be forwarded to Con- gress with recommendations for amendments to the present law. The film industry will be represented by E. P. Kilroe, chairman of the film copyright committeee ; Gabriel L. Hess, M.P.P.D.A., and Robert W. Perkins, Warners. Retitle "Last Ride" Hollywood, Oct. 31. — Paramount has set "Ride a Crooked Mile" as the release title of "The Last Ride." MOTION PICTURE DAILY (Registered U. S. Patent Office) MARTIN QUIGLEY. Editor-in-ChieT'and Publisher: SAM SHAIN. Editor; JAMES A. CRON. Advertising Manager. Published daily except Saturday, Sunday and holidays by Quigley Publishing Company, Inc., Martin Quigley. president; Colvin Brown, vice-president and treasurer. Publication office: 1270 Sixth Avenue at Rockefeller Center, New York. Telephone: Circle 7-3100. Cable address: "Quigpubco, New York." All contents copyrighted 1938 by Quigley Publishing Company, Inc. Ad- dress all correspondence to the New York office. Other Quigley publications: Motion Picture Herald, Better Theatres, Teatro al Dia, International Motion Picture Almanac and Fame. BUREAUS: — Hollywood: Postal Union Life Building, Vine and Yucca Sts.; Boone Mancall, manager; William R. Weaver, editor. Chicago: 624 S. Michigan Ave., C. B. O'Neill, manager. London: 4 Golden Square. W. 1 : cable address. Quigpubco, London ; Hope Williams, manager. Entered as second class matter Sept. 23, 1938, at the post office at New York, N. Y.. under the act of March 3, 1879. Subscription rates per year $6 in the Americas and $12 foreign. Single copies 10c. LEESTEN , BIG BOYS, „ YOtJB. BEST pXCTTJBES ABE You'll say it's terrific . . . yovUll say it's magnific ... you'll ... SAY IT IN FRENCH A Paramount Picture with m RAYMILLAND'OLYMPE BRADNA S Irene Hervey • Janet Beecher • Mary Carlisle • Directed by Andrew L Stone MOTION PICTURE DAILY Tuesday, November I, 1938 All Officials Reelected at MPTOA Meet {Continued from page 1) 10:30. Frank A. Martin, mayor of Oklahoma City, greeted the guests. Brylawski, vice-president, responded for the organization. Ed Kuykendall, president, read his annual report. He informed delegates of the present status of the trade prac- tice conferences and announced that they would be resumed Nov. 7 in New York. The afternoon was devoted to speeches by N. D. Golden, chief of the Motion Picture Division of the U. S. Department of Commerce. He spoke on the importance of the foreign mar- ket. Harry Sherman said that if pro- ducers and directors would go out in the smaller towns and learn what the public wants, they could make pic- tures more profitable. William F. Rodgers, general sales manager of M-G-M, speaks tomor- row on "Trade Relations in Distribu- tion and Exhibition." Other speakers this afternoon in- cluded M. A. Lightman on the im- portance of the exhibitors in the in- dustry; Terry Ramsaye, editor of Motion Picture Herald, reminiscing on the history of the industry ; Charles L. Casanave, vice-president and general manager of National Screen Accessories, Inc. ; and Fred Wehrenberg, St. Louis, chairman of the board of the M.P.T.O.A. Stars and players arriving from Hollywood today for the convention were Mickey Rooney, Brian Donlevy and the Weaver Brothers and Elviry. Tomorrow will arrive Olivia de- Havilland, Margaret Lindsay, John Wayne, Marie Wilson and Jane Bryan. Payne will function as mas- ter of ceremonies at the movie ball tomorrow evening in the Civic Audi- torium when about 20 film players will make their appearance. Other stars and players to attend include Gene Autry, Gene Austin, Zasu Pitts, Jack Hoxie and Tex Ritter. Marionettes at MPTO M-G-M's "Marionette Moviettes" exhibit has been routed to Oklahoma City for the duration of the M. P. T. O. A. convention. The display now has scenes from "The Citadel," "The Great Waltz" and "Sweet- hearts," and will have scenes from subsequent films when released. After the convention the exhibit will be taken through Kansas, Nebraska, Iowa, Wisconsin, Illinois, Indiana, Ohio and Michigan, in tieups with theatres. %tU" Buys "Lady, Lady" Hollywood, Oct. 31. — Taking cog- nizance of the current fight of author- ities against gambling boats operat- ing off the California coast, Univer- sal will soon start "Lady, Lady," story of gambling on the high seas. Helen Mack and Robert Wilcox will be featured. Irving Starr will be as- sociate producer. Alex Gottlieb wrote the original screenplay. Williford Elected President of SMPE (Continued from page 1) spectively. Lloyd A. Jones continues in office for another year as engineer- ing vice-president, and R. E. Farn- ham, A. C. Hardy and H. Griffin as governors. Approximately 200 technicians and film engineers are in attendance at the convention. S. K. Wolf, retiring pres- ident, opened the meeting this morn- ing, followed by the reports of several committees. Technical papers read at the morn- ing session included : "Underwater Cinematography," by E. R. J. John- son, Mechanical Improvements Corp. ; "The Spectroheliokinematograph," by R. R. McMath, University of Michi- gan ; "The Future of Commercial Motion Pictures," by F. Herman of Jam Handy Corp. The informal luncheon today was addressed bv Richard W. Reading, Mayor of Detroit ; Jamison Handy, Jam Plandy president ; George W. Trendle, president of United Detroit Theatres, and Dr. C. F. Kettering, vice-president and director of research of General Motors. The afternoon was devoted to a ses- sion on sound, with the following papers read to the delegates : "Some Practical Accessories for Motion Pic- ture Sound Recording," by R. O. Strock, Eastern Service Studios ; "Improving the Fidelity of Disk Rec- ords for Direct Playback," by H. J. Hasbrouck, Jr., RCA Manufacturing Co. ; "Characteristics of Film-Re- producing Systems," by F. Durst and E. J. Shortt, International Projector Corp., and "Some Production Aspects of Binaural Recording for Sound Mo- tion Pictures," by W. H. Offenhauser, Jr., and J. J. Israel. Showing of recent features and short subjects closed the day's activi- ties. The convention will continue tomorrow. Governor Asks 5,000 To Rogers Ceremony Oklahoma City, Oct. 31. — Gov. E. W. Marland of Oklahoma has sent out 5,000 invitations to the dedication of the Will Rogers memorial at Clare- more on Friday. Jesse Jones, chairman of the Recon- struction Finance Corp., will be the principal speaker at the dedication ceremonies. His address will be part of an NBC program from 2 to 2 :45, in which Fred Stone, Eddie Cantor, George M. Cohan and Irvin S. Cobb will participate. Jo Davidson, Ameri- can sculptor, will unveil his statue of Rogers. Stage hands have donated their services for the pageant which will be part of the ceremonies. Alabama to Rule on Bingo Game Legality Mobile, Oct. 31. — Alabama's at- torney general has been asked to rule on whether Bingo at places of amuse- ment is legal, following a controversy and condemnation of the games by church groups. Methodist and Baptist organizations condemned the games and urged the Governor to halt them. The matter was referred to the attorney general. Robeson Acts Again London, Oct. 31. — Paul Robeson plans to abandon his concert work in favor of film and variety work. In addi- tion to his variety work, the Negro actor intends to make films depicting the real life of the modern Negro. He will play in a British semi- documentary film with a Welsh background. Republic Lines Up Sales Drive Detail Finishing touches were put on plans for a Republic sales drive for James R. Grainger at a meeting of district sales managers held yesterday at the New York Athletic Club. It will start Nov. 7 and continue through Dec. 17. Among those present at the meeting were : Jack Bellman, eastern district sales manager ; Harry La Vine, cen- tral division ; Heck Everett, southern division ; Max Roth, midwest division ; Grover Parsons, western division, and Clair Hilgers, special representative in the sales department. Grainger presided. H. J. Yates, Morris Goodman, vice-president in charge of foreign sales, and Grover Schaefer, vice-president and treasurer, also were present. Union and CEA Near Agreement on Wages London, Oct. 31. — Agreement is expected soon between the National Association of Theatrical and Kine Employes and the London and Home Counties Branch of the Cinemato- graph Exhibitors' Association on a new wage-hour schedule. Draft of the agreement drawn up provides for an improvement in work- in"- conditions and full recognition of the union. A six-day week of 50 hours, double pay for overtime and a week's vacation with pay are among the provisions. It is believed the agreement may serve as a model for any national agreement sought in the future between the labor organization and the C.E.A. Six New Films Are Approved by Legion The National Legion of Decency has approved six new pictures for the current week, four for general patron- age and two for adults. The new films and their classification follow. Class A-l, Unobjectionable for Gen- eral Patronage — "Annabel Takes a Tour," "Fight to Fame," "Men With Wings," "Where the Buffalo Roam." Class A-2, Unobjectionable for Adults — "Flight Into Darkness" (French), "Illegal Traffic." Remodel in White Plains Loew's is completing modernization of the State, White Plains, at a cost of $100,000. Changes are being made to the interior and front, with 300 seats added to the capacity. Bannon Building House Tom Bannon and Murray Ginsberg are building a theatre in Burlington, N. J. Theatres Held Outside Terms Of Wages Law (Continued from page 1) ministrator any general power to issue rulings as to the status of in- dustries or jobs and that such classi- fications must be developed by the, courts, the general counsel expres{ the opinion that it is "very doubtfu* whether employes of theatres, not con- nected with the interstate distribution of films, "can be regarded as engaged in commerce or in the protection of goods for commerce." However, Magruder warned, this and similar opinions are merely for the guidance of the administrator, un- less and until he is directed otherwise by authoritative rulings of the courts, and is made with those reservations. Seek New Film Laws For New South Wales (Continued from page 1) nually comes from the United States, while domestic production is almost negligible. Attempts to put the New South Wales quota into practice have failed because of the small amount of production in Australia. The quota percentages were reduced last year to provide greater effectiveness, but without much success. KEEP YOUR RED CROSS ALWAYS READY RED CROSS ROLL CALL Nov. 11-24, 1938 Your memberships given now assure prompt disaster relief, help for disabled veterans, and life sav- ing and first aid training. Motion Picture Group W. G. Van Schmus, Chairman NEW YORK CHAPTER AMERICAN RED CROSS 315 Lexington Ave., New York Tuesday, November I, 1938 MOTION PICTURE DAILY 46 King" with $41,000 Top Chicago Dr&w Chicago, Oct. 31.— "If I Were King" got a royal reception at the Chicago and led the Loop with $41,000. -*\Dracula" and "Frankenstein" at Garrick gave that theatre the best business in over a year, $9,200. "Too Hot to Handle" was another smash attraction, getting $15,300 at the Roosevelt. "Drums" was in the big money, netting the Apollo $7,800. Estimated takings for the week end- ing Oct. 25-28: "Drums" (U. A.) APOLLO-(1,400) (35c-5Sc-65c) 7 days. Gross: $7,800. (Average, $6,500) "If I Were King" (Para.) CHICAGO — (4,000) (35c-55c-75c) 7 days. Stage: Orrin Tucker & Band. Gross: $41,- 000. (Average, $32,000) "That Certain Age" (Univ.) PALACE — (2,500) (35c-55c-75c) 7 days, 2nd week. Stage: Chester Hale Girls and Revue. Gross: $18,000. (Average, $19,000) "Girls' School" (Col.) STATE - LAKE — (2,776) (20c -30c -40c), 7 days. Stage: Verne Buck and Revue. Gross: $12,400. (Average, $13,000) "Dracula" (Univ.) "Frankenstein" (Univ.) GARRICK— (900), (30c -40c -50c), 7 days. Gross: $9,200. (Average, $6,500) "Too Hot To Handle" (M-G-M) ROOSEVELT— (1,300) (35c-55c-75c) 7 days. Gross: $15,300. (Average, $11,000) "Boys Town" (M-G-M) UNITED ARTISTS— (1,700) (35c-55c-75c) 7 days, 3rd week. Gross: $14,400. (Aver- age, $15,000) Hollywood Preview Snyder Appeal Allowed Federal Judge Samuel J. Mandel- baum yesterday signed an order per- mitting Philip J. Snyder, a creditor of Orpheum Circuit, Inc., to appeal to the U. S. Circuit Court of Appeals from a decision of Judge Mandelbaum, allowing Marcus Heiman, as trustee in bankruptcy of Orpheum, commis- sions of $5,500 and Beekman, Bogue, Leake, Stephens & Black, attorneys for Heiman, $20,000 in fees. Snyder is appealing because he claims that the allowances were ex- cessive, that no substantial services were performed by the trustee, and that errors in the admission of evi- dence were committed in the hearing for the allowances. "Illegal Traffic" (Paramount)' .. ' Hollywood, Oct. 31. — "Illegal Traffic" is action all the way through. Although the story adopts the familiar under cover policeman in con- flict with the pseudo-respectable business man criminal premise, it lacks neither novelty nor originality. Played by a group of actors who know what to do with the ball when they get it, with J. Carroll Naish, Robert Preston, Mary Carlisle, Judith Barrett,' Larry Crabbe, Pierre Watkin and George McKay being especially effective, the story rnovesj rapidly and balances action and dialogue; The half dozen or more miftor con- flict sequences lead logically into the exciting chase finale. Naish operates a nationwide transportation system, ostensibly engaged in legitimate business but which actually specializes in helping criminals escape from the law. The police are vaguely suspicious of Naish's busi- ness, but until Preston joins up as an undercover worker, are unable to do anything about it. As some sequences are given over to romance concerning Preston and Miss Carlisle who does not know her father, McKay, is involved with Naish, the picture returns to melodrama to bring about the climax. In that Miss Carlisle cooperates with Preston in setting a trap for Naish. That has Preston in a plane chasing Naish and his gang fleeing in autos with Preston landing to block the road and capturing the criminal after a gun battle. The original screenplay by Robert Yost, Lewis Foster and Stuart Anthony stresses action and excitement, qualities which Louis King also accented by his directing technique. Associate Producer William C. Thomas gave the picture picturesque staging. Not only the action fans, but general run of patronage should find "Illegal Traffic" interesting entertainment. Running time, 65 minutes. "G."* G. McC. *"G" denotes general audience classification. Certain Age" Sets Up New Frisco Mark Attend Mexican Premiere William Rowland, Thomas Moore and Ralph Perr left New York by plane yesterday for Mexico City to attend the opening there of their Spanish language production, "Di Que Me Quires," which is being dis- tributed by RKO. Indiana Theatre Men Start Session Today Indianapolis, Oct. 31. — Varied top- ics are scheduled for discussion at the two-day 12th annual convention of the Associated Theatre Owners of Indi- ana at the Antlers Hotel tomorrow and Wednesday. Among the subjects are block booking, playdates, guaran- teed percentages, overbuying, clear- ance, score charges, weekly shorts payment plan, the forcing of shorts, radio competition and national ad- vertising. Abram F. Myers, Allied general counsel, is scheduled to talk at the Wednesday afternoon session on "Progress of Allied." A new board of directors will be named tomorrow afternoon. The board will elect the officers. In the evening "Men with Wings" will be screened. The annual dinner will be held tomorrow night, with an enter- tainment program also scheduled. To Honor D. S. Davidson Cleveland, Oct. 31. — David S. Da- vidson, 20th Century-Fox salesman here, will be honored at a testimonial dinner here Friday night. After _ 21 years with the company, he is retiring because of ill health. "Blacksmith" to Open "The Singing Blacksmith," all- Yiddish musical starring Moishe Oysher, will open today at the Con- tinental. Warners Allowed to Question Chadwick Application for commissions to issue in Los Angeles to take the testimony of I. E. Chadwick, as president of Chadwick Pictures Corp., and of Jer- ome Storm, director, was granted yes- terday by N. Y. Supreme Court Jus- tice Philip J. McCook. The testi- mony will be taken in behalf of War- ner Bros. Pictures, Inc., Warner Bros. Production Corp. and M. Wit- mark & Sons, Inc., defendants in a suit for $250,000 damages, an injunc- tion and an accounting of the profits of "Sweet Adeline," brought by Harry Armstrong and Richard H. Gerard, who charge copyright infringement. Defendants will seek to prove that Chadwick Pictures produced a picture of the same title some years back. I San Francisco, Oct. 31.— "That Certain Age" and -"Personal Secre- tary" hit a new high of $16,000 at the Orpheum. Business generally picked up. "Mr. Doodle Kicks Off," with Gypsy Rose Lee on the stage at the Golden Gate, pulled $18,800. "If I Were king," with "Always in Trouble," was strong with $15,500 at the Paramount. "Drums" ended five weeks at the United Artists with $5,500. Estimated takings for the week end- ing Oct. 25-28: "Mr. Doodle Kicks Off" (RKO) GOLDEN GATE— (2,850) (3Sc-40c-55c) 7 days. Stage: Vaudeville. Gross: $18,800. (Average, $16,000) "Drums" (U. A.) UNITED ARTISTS— (1,200) (15c-35c-40c- 55c-65c) 7 days, 5th week. Gross: $5,500. (Average, $7,000) "That Certain Age" (Univ.) "Personal Secretary" (Univ.) ORPHEUM — (2,440) (15c-35c-40c-55c) 7 days. Gross: $16,100. (Average, $8,500) "If I Were King" (Para.) "Always In Trouble" (20th-Fox) PARAMOUNT— (2,740) (15c-35c-40c-55c- 75c) 7 days. Gross: $15,500. (Average, $13,000) "Sing You Sinners" (Para.) "Girls on Probation" (W. B.) FOX— (5,000) (15c-35c-40c-55c-75c) 7 days, 2nd week. Gross: $14,000. (Average. $17,- 000) "Boys Town" (M-G-M) "Vacation from Love" (M-G-M) ST. FRANCIS— (1,400) (15c-35c-40c-55c- 75c) 7 davs, 4th week. Gross: $7,200. (Average, $7,000) "The Arkansas Traveler" (Para.) "Touchdown Army" (Para.) WARFIELD— (2.680) (15c-35c-40c-55c-75c) 7 days. Gross: $11,500. (Average, $13,000) "South Riding" (U. A.) CLAY — (400) (15c-35c-40c) 7 days, 2nd week. Gross: $900. (Average, $1,300) "Moonlight Sonata" (U. A.) LARKIN— (390) (15c-35c-40c) 7 days. Gross: $1,300. Principal Stay Issued An injunction issued by Justice Valente in N. Y. Supreme Court was served yesterday on Principal Film Exchanges, Inc., by Oliphant & Ler- man, attorneys for Superior and Stage & Screen Productions. The papers ask the appointment of a receiver to secure an accounting of receipts on and stop further distribu- tion of 12 pictures. The injunction will be argued tomorrow before Jus- tice Valente. Wilson Leaves Principal Jerry Wilson yesterday resigned as manager of Principal Film Exchange. He has acquired a half interest in the Advance Film Exchange which he will operate jointly with Emil Rosenbaum, who is president and secretary. Wil- son is vice-president and treasurer. Set Fees in RKO Case Allowances of $3,500 to Price, Waterhouse & Co. for examination of the books of RKO and of $2,000 to Wickes, Neilson & Riddell, as attor- neys for Alfred West, were granted yesterday by Federal Judge William Bondy. Price, Waterhouse was com- pensated for preparation of a balance sheet of RKO and its subsidiary com- panies, as of Dec. 31, 1937. Wickes, Neilson & Riddell was awarded its fee for representing West, who filed the original receivership suit against RKO on Jan. 23, 1933. Plan 42nd St. House Plans have been drawn for a 862- seat theatre to replace the Drake's restaurant property at 121 West 42nd St., through to 43rd St. Cost will be about $85,000. A major circuit is ne- gotiating a lease on the property. It will be operated as a subsequent run. U. A. Files Plea for Trust Suit Details United Artists Corp., in behalf of itself and its subsidiaries and per- sonnel, yesterday filed notice of appli- cation on Nov. 1 for a bill of par- ticulars and a more definite statement of the Government complaint in its anti-trust suit against the eight major companies. United Artists also filed application for an order striking out certain parts of the complaint on the ground that they do not apply to it. Roxy Fee Hearing Set Federal Judge Francis G. Caffey yesterday set Nov. 18 at 2 P.M. in Room 1505 of the Federal Court House for a hearing of applications by Barrow, Wade, Guthrie & Co. for fees of $2,555 as auditors of the Roxy Theatres Corp., and the Manufac- turers Trust Co. for $7,147 as com- pensation for its services as agents for the distribution of the first mortgage four per cent bonds of Roxy. How- ard Cullman, as trustee, will seek a direction from Judge Caffey at the hearing to turn over any balance re- maining in his hands to Manufac- turers Trust Co. for distribution among the first mortgage 6% per cent gold bond holders. D It's Proving Everything the Papers Said! "A beautifully told love story. A splen- did script. Fine and knowing direction. Unusual performances contributed by the entire cast. A film brilliantly done. In short, here's a swell picture." — N.Y. World-Telegram What A Story It Is! What A Picture It Made! WARNER BROS. Producers el DftNNl JERWIHERE'- Le Sisters with ITA LOUISE • IAN HUNTER • DONALD CRISP • BEULAH BONDI • JANE BRYAN ALAN HALE • DICK FORAN • HENRY TRAVERS • PATRIC KNOWLES An ANATOLE LITVAK PRODUCTION Prom the Novel by MYRON BRINIG • Screen Play by Milton Krim» • Muaic by Max Steiner THE POLICY OF THE FRIENDLY COMPANY IT IS neither fitting nor becoming for Metro- Goldwyn-Mayer to parade in the public prints the kindly and complimentary words which are being showered upon it in communications from our customers, and editorially in the trade press. THE PURPOSE of this advertisement is to register deep gratitude to our exhibitor friends for their faith and support. AS THIS new season proceeds on its way it has been convincingly demonstrated by early renewal of contracts that our customers of the past year were more than satisfied with our merchandise and our methods. TO THEM and to new M-G-M exhibitors we re-affirm our belief that successful operation is built on the confidence and support of happy customers! That is the essential of a profitable partnership and our appreciation of it is expressed in the fair policy of a friendly company. (continued above) (continued) YOUR FAITH in M-G-M's product has been answered again this season by a consistent supply of splendid entertainments. YOUR FAITH in M-G-M's sincere selling methods has been fulfilled this year too, as it was last season, in a reasonable and fair allocation of pictures. YOUR FAITH in a rosy future for your theatre is amply fortified by M-G-M's Fall and Winter production activities. MONTHS AGO Metro-Gold wyn- Mayer set its plans for a 1938-39 sea- son that would entail the largest outlay of production money which this company has ever expended. ONLY M-G-M with its vast reservoir of talents and story materials and its ability to take chances could do this. WITH BOOM conditions evident in America, the foresight of M-G-M in being prepared with "A" attractions for "A" times is added con- firmation to customers of many years that true security rests in an M-G-M contract. IN A sentimental business we take the liberty of a heartfelt salutation: "WE ARE grateful to you who have made our success possible." m 6 •» 5 s 60 ^""v! * ji « ^ Q «0 ^IJil alls ■a s "8* J2 55 d S 3s u m « 0'3 to M^1-" "2 . w oo ~— o ~ ^ 00 05 3 O o 3 -h oo _ S «m SO*.; S 5"° 2 ^ w fe ^ 00 3Q*« .2- ■« 00 4»fS ~ 2^ >' c 3 Co1-" CO ; WARNERS Garden of the Moon (G) (M) Pat O'Brien Lindsay Broadway Musketeers (A) (D) Lindsay Marie WUson The Sisters (G) (D) Bette Davis Errol Flynn Anita Louise Girls on Probation (D) Ronald Reagan Jane Bryan Brother Rat (G) (C) Wayne Morris Priscilla Lane Hard to Get (G) (C) Dick Powell de Havilland Torchy Gets Her Man (G) (D) Glenda Farrell MacLane Nancy Drew, Detective Bonita Granville John Litel Angels with Dirty Faces (G) (D) Cagney O'Brien "Dead End" Kids UNIVERSAL Youth Takes a Fling (G) (C) Joel McCrea Andrea Leeds That Certain Age (G) (C) Durbin Jackie Cooper Swing That Cheer Tom Brown Andy Devine Service De Luxe (G) (C) Constance Bennett Vincent Price The Storm Bickford MacLane Foster Nan Grey Exposed Glenda Farrell Otto Kruger Prairie Justice (O) His Exciting Night (C) Charles Ruggles Ona Munson Strange Faces Dorothea Kent Frank Jenks Andy Devine Little Tough Guys in Society Boland Auer Horton West Side Miracle Helen Mack EdmunjLyLowe U. A. Drams (G) (D) Raymond Massey Sabu There Goes My Heart (G) (C) Fredrte March Virginia Bruce The Young in Heart Gaynor Fairbanks, Jr. Goddard Cowboy and the Lady Cooper Oberon 20TH-FOX Straight, Place and Show (G) (C) Ritz Bros. (911) Meet the Girls June Lang Lynn Bari (910) Five of a Kind (G) (C) Dionne Quin- tuplets Mysterious Mr. Moto (G) (D) Peter Lorre (912) Suez (G) (D) Tyrone Power Loretta Young Annabella Always in Trouble (G) (C) Jane Withers Jean Rogers Arthur Treacher Just Around the Corner Shirley Temple Charles Farrell Sharpshooters (G) (D) Brian Donlevy Lynn Bari Submarine Patrol Richard Green Nancy Kelly Preston Foster Road Demon Henry Arthur Joan Valerie Henry Armetta RKO RADIO Room Service (A) (C) Marx Brothers (901) Mr. Doodle Kicks Off (G) (C) Joe Penner (904) A Man to Remember (G) (D) Anne Shirley (905) The Mad Miss Manton (G) (C) Stanwyck Fonda (906) Tarnished Angel (G) (D) Eilers Ann Miller Lawless Valley (O) George O'Briet. Annabel Takes a Tour (G) (C) Oakie Lucille Ball Law West of Tombstone Harry Carey Jean Rouverol | Peck's Bad Boy at the Circus Tom Kelly Ann Gillis Trailer Romance (Tentative) Lucille Ball James Ellison REPUBLIC Down in "Arkansaw" (G) (D) Weaver Bros. Pinky Tomlin The Night Hawk (G) (D) Robt. Livingston June Travis Robt. Armstrong I Stand Accused (G) (D) Robt. Cummings Helen Mack Rhythm of the Saddle (O) Gene Autry Storm Over Bengal Patric Knowles Rochelle Hudson Santa Fe Stampede (O) 3 Mesquiteers Western Jamboree (O) Gene Autry Smiley Burnette Come On, Rangers (O) Roy Rogers Mary Hart PARA. King of Alcatraz (A) (D) /. Carroll Naish (3804) Touchdown, Army (G) (C) Mary Carlisle (3805) Arkansas Trav- eler (G) (C) Bob Burns Mary Carlisle (3806) Mysterious Rider (G) (O) (3807) Escape from Leavenworth T amir off Farmer Erikson Men With Wings (G) (D) MacMurray Illegal Traffic If I Were King (G) (D) Colman Rathbone Thanks for the Memory Bob Hope Shirley Ross Butterworth Arrest Bulldog Drummond John Howard Heather Angel MONOGRAM Mr. Wong, Detective (G) (D) Karloff Sweetheart of Sigma Chi (reissue) Mary Carlisle Where the Buffalo Roam (G) (O) Tex Ritter Gangster's Boy Jackie Cooper Gun Packer (O) Jack Randall Gang Bullets Anne Nagel Roll, Wagons Roll (O) Tex Ritter M-G-M Vacation from Love (G) (C) Florence Rice (905) Stablemates (G) (D) Wallace Beery Mickey Rooney (906) Young Dr. Kildare(G)(D) Lew Ayres Lionel Barry- more Listen, Darling (G) (C) Bartholomew Judy Garland (904) The Citadel (G) (D) Robert Donat Rosalind Russell (909) The Great Waltz Luise Rainer Fernand Gravet Miliza Korjus (908) Spring Madness Lew Ayres Burgess Meredith O'Sullivan Out West with the Hardys Lewis Stone Mickey Rooney The Shining Hour Crawford Sullavan Douglas Flirting with Fate Joe E. Brown Leo Carrillo COLUMBIA You Can't Take It With You (G) (C) Jean Arthur 1 Girls' School Crime Takes a Holiday (G) (D) West of the Sante Fe (O) Flight to Fame Below the Rio (O) Buck Jones Homicide Bureau Bruce Cabot Rita Hayworth In Early Arizona Bill Elliott Dorothy Gulliver Adventure in Sahara Paul Kelly Lorna Gray There's That Woman Again Melvyn Douglas Virginia Bruce Blondie Penny Singleton Arthur Lake • ■a o C/5 6 * o ^ o ^ t5 oo o N O ^ z ° i-i z i 2° z * i * z d Q SUEZ OPENED OVER THE WEEK-END IN 35 IMPORTANT SPOTS, AN D IN EVERY ONE OF THEM IT SURPASSED THE RECORD OF IN OLD CHICAGO I THE KEYSTONE OF YOUR FUTURE Tuesday, November I, 1938 MOTION PICTURE DAILY RADIO 13 ► Radio Personals i TOMMY TAYLOR, WNEW, has graduated to the networks with a berth on the "Rhythm School" on NBC . . . Anne Hirst, New York Post writer on love prob- lems, will be featured in a new three- times weekly series "My Daughter J* I" over WHN . . . Dick Bal- ls.>S orchestra has joined Consoli- dated Radio Artists . . . Arthur Gillette, WCKY engineer, is visiting New York looking over new radio equipment . . . Rex Ingram and Frank Wilson will be featured in "Into the Light," a special dramatiza- tion to be heard on Mutual Nov. 6 at 2:30 P.M. Zenith Head Claims Television Not Here Chicago, Oct. 31. — In the face of recent optimism that television is here at last, E. F. McDonald, president of Zenith Radio Corp., states in a letter to stockholders that the time has not yet arrived to "sell television to the American people. McDonald said his letter was prompted by inquiries resulting from a recent prediction that television re- ceivers would be on the market by next spring. "There are many technical problems which are still unsolved," stated Mc- Donald. "The economic problems which must be settled before the pub- lic should be asked to buy television receivers are no less serious. In order to furnish television programs to pur- chasers of television sets throughout the country it will be necessary to construct more than 2,000 television transmitting stations. Therefore, I still feel that general use of tele- vision in the home is just around the corner for the stock salesman only." Issue Radio Clippings Washington, Oct. 31. — A booklet containing the pertinent radio news clippings of the past year has been forwarded to each member of the N.A.B. Expresses Regret Washington, Oct. 31. — Neville Miller, president of the National Association of Broadcasters, had this to say about the Orson Welles broadcast: "I know that the Columbia Broadcasting System and those of us in radio have only the most profound re- gret that the composure of many of our fellow citizens was disturbed last night by the vivid Orsen Welles broad- cast. "CBS has taken immediate steps to insure that such pro- gram technique will not be used again. This instance em- phasizes the responsibility we assume in the use of radio and renews our determina- tion to fulfill to the highest degree our obligation to the public." Boice Joins Benton As a Vice-President Hugh K. Boice, who recently re- signed as CBS vice-president in charge of sales, has joined Benton & Bowles as vice-president. No specific mention is made of what Boice's activities will be, although it is presumed that he will specialize in new business for the agency. Crowell Renews Show Crowell Publishing Co., for the Woman's Home Companion, has re- newed "Shopping with Jean Abbey" over WOR beginning Nov. 14. The contract is through McCann-Erickson. Nominate Cantor as President of AFRA Eddie Cantor has been proposed for president of the American Federation of Radio Artists by the nominating committee, in preparation for the an- nual convention in St. Louis Nov. 14. Other names proposed are Lawrence Tibbett, Norman Field, Jascha Heif- etz and James Wallington, vice-presi- dents ; Lucille Wall, recording secre- tary ; George Heller, treasurer ; Bill Adams, Edward Arnold, Phil Baker, Edgar Bergen, Frank Chapman, Ever- ett Clark, Georgia Fifield, Ben Grauer, John B. Hughes, Alex McKee, Anne Seymour, Margaret Speaks, Walling- ton, Richard Wells and Ned Wever, members of the national board. Panic Stumps Radio Heads; F. C. C. Equally Bewildered (Continued from page 1) for the mass hysteria which flared across the land as an aftermath to the broadcast. Their combined ex- planations, however, boil down to the succinct phrase of H. G. Wells. Odd, they said in effect . . . and al- most beyond explanation. Welles, surrounded by newsmen, for almost two hours scratched his plen- tiful hair at each request for an ex- planation for the panic caused by the broadcast, but he was unable to give an answer other than the one con- tained in his handout. And the very first paragraph in the statement read, "I am even more bewildered over this misunderstanding in the light of an analysis of the broadcast itself." CBS tried to explain that the alarm might have been caused by using the technique of a simulated news broad- cast within the dramatization, for W. B. Lewis, CBS vice-president in charge of programs, has ordered that hereafter this technique shall not be used again. Calls Flooded WABC Expressing regret that listeners were terrorized and mistook fantasy for fact because of the manner of presentation, Lewis said that an- nouncements were made before, after, and twice during the hour that CBS was presenting a dramatized version of the Wells' fictional novel of the in- vasion of this world by the planet Mars. Further announcements that the whole incident was fiction were put on the network when telephone calls showed some listeners had failed to realize that they were hearing a play, he said. The terror engendered by the broadcast was very real and not fan- ciful, like the play, which is based on the conquest of the earth by an inva- sion of an army from Mars. WABC, Columbia key station in New York, was flooded by more than 1,300 tele- phone calls Sunday night. Practically every CBS station carrying the pro- gram received almost as many calls, with the record number coming into the switchboards of WCAU, Phila- delphia, with a count of more than 4,000 calls. NBC in New York, which did not carry the broadcast, received more than 700 telephone calls from alarmed persons who heard the broad- cast on the rival chain. Newspaper offices in New York were also flooded with telephone calls, each paper reporting receipt of several thousand messages. The competitive networks would not offer comment about the broadcast, for as one official at a rival network said, it might easily have been pre- sented by any of the webs. William D. Geer, "March of Time" executive, stated that it was "very fortunate that Congress is not in ses- sion at this time" in view of the pend- ing censorship legislation. He pointed out that Welles had his first radio part with the "March of Time" pro- gram. Listeners to the latter pro gram have occasionally taken the broadcasts too seriously. While re- ports have been received that listen- ers have fainted during broadcasts, particularly during reenactments of surgical operations, the letters have invariably praised the realism of the program and no complaints have been received. Geer stated that he be lieved that the F. C. C. could handle the matter and that he regarded addi tional legislation unlikely and un necessary. McNinch Asks for Script Chairman Frank R. McNinch of the Federal Communications Com- mission, from Washington called upon CBS to furnish a copy of the script and a transcription of the program. Members of the commission agreed that the program was subject to criti cism, but it is not believed that Col- umbia, or any of the participating sta tions, will be penalized, the general view being that the feature was an honest effort to provide gripping melodrama, which had "backfired.' There is little doubt, however, that the incident will lead to the develop- ment of a policy barring the recur- rence of the event which, incidentally closely paralleled a similar occurrence in England a few years ago. "Any broadcast that creates such general panic and fear as this is re ported to have done, is, to say the least, regrettable," Chairman Mc- Ninch declared. "The widespread public reaction to this broadcast, as indicated by the press, is another demonstration of the power and force of radio and points out again the serious public respon sibility of those who are licensed to operate stations." FCC Studies Indecent Show Jurisdiction Washington, Oct. 31. — A compre- hensive study of the provisions of the Communications Act of 1934, to deter- mine the extent of the authority and jurisdiction of the Federal Communi- cations Commission to deal with lot- tery, obscene, indecent, profane and other undesirable programs, has been undertaken by the F.C.C., which some ..eeks ago cited a number of stations for the alleged transmission of such programs. Directing the law department to make the study, the commission also instructed the acting general counsel to confer with Department of Justice officials with a view to determining the question of jurisdiction and the possible establishment of appropriate procedure in the case of violations of the law. Involving the question of censorship, the problem of dealing with undesir- able programs has been one of the most difficult the commission has had to face. In such few cases as the commission has formally taken cogni- zance of complaints, it has "rebuked" the stations but avoided any overt action, as in the case of the Mae West episode some months ago. In ordering a study of the question by its law department, the commission is seen as seeking a basis in the law for the establishment of definite prin- ciples of conduct for broadcasters without going to the length of "cen- soring" programs. Miller on Ball Committee Washington, Oct. 31.— Neville Miller, president of the N.A.B., has been invited to serve as a member of the annual President's Birthday Ball national committee. Congratulations M.P.T.O.A. DELEGATES Woodard Productions, Inc. 30 Rockefeller Plaza, N.Y.C. Producers of "Adventures of Chico" Alert. Intelligent MOTION PICTURE DAILY First in Film an< 25= 44. NO. 87 NEW YORK, WEDNESDAY, NOVEMBER 2, 1938 TEN CENTS Radio Intends Big Coverage For Elections Webs Will Remain Open Beyond Usual Time Radio's election coverage will be more extensive than at any time in the past, with all the networks prepared to stay on the air as long as neces- sary beyond the usual closing time until all issues have been definitely decided. Election broadcasts, which will be nationwide, will begin shortly after 6 P. M., when the polls close, to be followed in most instances by bulletins at five-minute intervals from all sec- tions. The three networks, CBS, NBC and Mutual, have ordered most of their sustaining programs cleared from the channels and are substitut- ing dance bands, so that news and election results can be broadcast as they arrive on the tickers, without breaking continuity threads of pro- grams. Columbia's election staff includes H. V. Kaltenborn, Bob Trout and (Continued on page 12) Rivoli to Be "IPs" First Run on B'way Universal now is assured of maxi- mum Broadway playing time, having concluded a three-way arrangement with the Rivoli, Rialto and the Globe theatres, under terms of which all of "U's" product will get first run avail- ability in Times Square. The Rivoli, it is understood, guaran- tees "U" a certain number of weeks, sufficient to assure the film company the bigger share of the theatre's play- dates this season. The Rivoli, under its deal with "U,j" gets first choice of .product. Rialto and Globe have next choice. SMPE Awards Go To Kalmus, Gibson Detroit, Nov. 1. — Dr. Herbert T. Kalmus, president of Technicolor Corp., was awarded the 1938 Progress Medal of the Society of Motion Pic- ture Engineers, and Dr. K. S. Gibson of the National Bureau of Standards, Department of Commerce, the annual (Continued on pane 4) Two Mars Films Out Two films are to be rushed out to get in on the excite- ment caused by the Sunday broadcast of H. G. Wells' "War of the Worlds." United Artists is re-issuing Alexander Korda's "Things to Come," story of the de- struction of the world and its re-birth 100 years hence, and Universal is putting out "Mars Attacks the World." This was produced as a fea- ture about a year ago along with the serial "Flash Gor- don's Trip to Mars," but never has been released. No Talks Planned Now on Wage Law Film Application No meetings on the application of the Federal Wage and Hour law to employes in this industry will be sought by major companies with in- ternational unions at this time, Pat Casey, producers' labor arbitrator, said yesterday. The meetings were suggested by Administrator Elmer F. Andrews as a means of clarifying the operation of the law for the film in- dustry pending further court and offi- cial interpretation. With most of exhibition and dis- tribution employe classifications be- lieved exempt from the law, meetings with unions in those branches of the industry probably will not be sought unless new problems arise, or unless (Continued on page 4) INDUSTRY CERTAIN- Allied Directors Take Stand Today Upon Trade Talks Allied's further moves in the trade practice negotiations will be decided tomorrow in Chicago by the board of directors. The negotiating committee headed by Col. H. A. Cole will report to the full board on negotiations held to date with the distributors' commit- tee. The meeting will be held at the Congress Hotel at 10 A.M. William F. Rodgers, Gradwell L. Sears and A. Montague will be in Chicago ready to proceed after the board decides on its course. These meetings, if resumed, are expected to continue to Friday night. It is reported that the Allied com- mittee members have divergent views on a trade practice program. Indiana ATO Hears Finances Excellent Indianapolis, Nov. 1. — Associated Theatre Owners of Indiana are in a strong financial condition and have a greater percentage of paid up mem- bers than at any time in the organiza- tion's history, members were informed at the opening business session at the 12th annual convention in the Hotel Antlers today. Speakers included State (Continued on page 4) Radio— Page 12 Chicago's Clearance Rules May Be Topic at Meeting Tomorrow Chicago's clearance rules may be discussed by members of the distributors' negotiating committee which convenes there tomor- row for trade practice discussions with Allied leaders, with a view to adjusting same. Illinois Allied unit is one of the prime movers behind the pending Chicago anti-trust suit against Balaban & Katz. Gradwell L. Sears and Ned E. Depinet, who may attend the Chicago parleys are members of a committee created to study the Windy City's protection situation. William C. Gehring is the third committee member. William F. Rodgers and A. Montague, who will attend the trade practice conferences in Chicago tomorrow, are not members of the con- ciliation committee. The companies which they represent, how- ever, are among the defendants in the suit, which is directed primarily against B. &.K. Indications are that the distributors' representatives will act in the matter only if asked to do so by the Chicago exhibitor leaders. Counsel for defendants here are continuing with prep- arations for trial of the case. REFORMS ■RODGERS MPTOA Hears Practical System Nearly Ready; Asks Confidence i Oklahoma City, Nov. 1. — "It is not only possible bu,t it is practically certain that the film business can regulate its own affairs properly. All that we ask is a fair opportunity to do so. Now, when the industry is in the final stages of trying to effect a practical system of trade practice, confidence is needed more than ever, so that these negotiations shall suc- ceed." These were the words of William F. Rodgers, distribution chief of M-G-M, and spokesman for the dis- tributors' committee on trade practice problems. He made a straightforward appeal for cooperation, and he sounded the most cheering and optimistic note of the M.P.T.O.A. convention. "Had this convention been held one week later," Rodgers stated, "there is little doubt that we could have' here (Continued on page 4) Adjourn U. S. Suit Hearing to Nov. 10 Hearing on the motions by the major companies for bills of particu- lars in the Government anti-trust suit were adjourned to Nov. 10 at the re- quest of John Lane, assistant U. S. Attorney, in the U. S. District Court here yesterday. Hearing on a motion to strike out portions of the complaint was also delayed to the same date. Federal Judge William Bondy granted the request and will hear the motion on the adjourned date. There was no opposition to the delay. It was learned that Moses H. Lewis, special attorney in charge of the anti-trust division of the Depart- ment of Justice here, is handling the (Continued on page 4) Lottery Charged in 3 Brooklyn Houses Three theatres in Brooklyn have been served with summonses for al- leged violation of the lottery laws. Trial has been set for Nov. 18 in the ninth ' district Magistrate's Court, Brooklyn. The theatres are the Paras Court, 292 Court St., operated by Louis Goidel ; the Subway. 158 Myrtle Ave., operated by Frank Worth, and Abe (Continued on page 4) MOTION PICTURE DAILY Wednesday, November 2, 1938 < Purely Personal ► Richard de Rochemont arrives on the Paris today. Other arrivals include Henri Diamant-Berger, French film producer, and Lilian Emerson, actress who appeared in the London "Golden Boy" company. • Steve Garay, London stage and screen comedian, will arrive from Europe on the N ormandie next week for an engagement at the New York Palladium, the former Broadway Theatre. • Douglas Fowley, here on vacation after doing "Submarine Patrol," will be guest on "Uncle Don" Carney's Mutual program today at 6 P.M. • Karl Macdonald, Warner super- visor for Latin America, arrived yes- terday from a trip to branches in Cuba, Puerto Rico and Trinidad. • Nate Blumberg, Universal presi- dent, will be a guest at the Motion Picture Associates luncheon at the Astor tomorrow. • Harry David, Paramount theatre partner in Salt Lake City, is in New York for a few days en route home from a honeymoon trip. • Scott R. Dunlap, Monogram pro- duction head, will arrive in New York today from the coast for conferences with W. Ray Johnston, president. • Al Sherman of the Columbia exploi- tation staff will return on the Queen Mary tomorrow from a month's vaca- tion in London. • Hunter Perry of Charleston is at the Paramount home office for con- ferences with Y. Frank Freeman. • Sherman Rogers, recently with Industrafilm, Inc., has joined the Audio Productions staff at Astoria. • Dorothy Butler, eighth floor re- ceptionist at Loew's, has made known her engagement to John Raith. • Tom Connors, M-G-M division manager, left last night for Montreal. THE MERCURY OVERNIGHT TO LOS ANGELES Fly the Southern SUNSHINE route over- night to Los Angeles. Through service. No change of planes. Giant SKYSLEEPERS. Complimentary meals served by stewardesses. Mercury Southerner Lv. 5:10 p. nu 1>. 9:00 p. m. (only 3 slops) ipn^V 5 stops) FOR RESERVATIONS: Call Your Travel Agent AMERICAN AIRLINES i Insiders' Outlook UNLESS Metro is making advance television tests, no matter what the trade papers or the columnists have stated, it seems impossible that Metro could have film-tested Mrs. Doris Duke Cromwell in California, because the American lady has been in Paris since Oct. 1. She sails Nov. 11 for her native land. T ▼ Ed Kuykendall, M. P. T. O. A. president, in his annual report to the organization's cur- rent national convention, offers the belief that the right to cancel up to 20 per cent of the product bought by exhibitors will bring about improved productions. He also believes that this would mean longer playing possibili- ties. Cancelled pictures, he points out, will provide additional playdates for other qualified product and thus should be an encouragement to independent producers. His report cites radio as a competitive problem for theatres still, but adds that, while the M. P. T. O. A. has wrestled with the problem, "very little headway has been made." He is optimistic over the chances for success of the ex- hibitor-distributor trade practice conferences. Cancellation, the forcing of shorts, conciliation and the score charge have been the major topics in the confer- ences up to this point. He is con- fident that other concessions will be made for the small exhibitor. The report re-indorses self-regu- lation, and condemns lawsuits and legislation as solutions for trade practice problems. T T Loew's publishes a specially edited four-page monthly which has a circulation of 191,000, called Students' Screen Fore- cast, and which lists attractions of Loew's metropolitan theatres for pupils of the New York City high schools and parochial insti- tutions. T ▼ Henderson M. Richey, upon becoming director of exhibitor re- lations for RKO next Monday, will act as an ambassador of goodwill between exhibitors and the company. Heretofore, this has been left to branch managers and the home office. Richey will serve under Ned E. Depinet, dis- tribution chief. T ▼ The management of the Rivoli, last Monday overstated the week's gross on "Service De Luxe," when it reported that the film grossed $20,000. The pic- ture finished for under $10,000. Rites for Woolsey To Be Held Friday Hollywood, Nov. 1. — Funeral ser- vices for Robert Woolsey, screen comedian who died at M'alibu Beach yesterday after a long illness, will be held on Friday at the Little Church of the Flowers and will be in charge of the Masonic Fraternity. Bert Wheeler, his partner in comedy for many years, broke off a personal appearance tour in Chicago to attend the funeral. Woolsey, 49, spent 15 years before entering films in dramatic and musical stock companies all over the country. He played in roadshows, in Australia, New Zealand and India, as well as this country, and spent six years in Broadway vaudeville. Florenz Zieg- feld placed Woolsey and Wheeler, by then his partner, in the musical, "Rio Rita," and from there they went di- rectly to the screen version of the show for RKO in 1930. A long suc- cession of film comedies followed, in- cluding "The Cuckoos," "Half Shot at Sunrise," "Hips, Hips, Hooray," "Kentucky Kernels," "On Again — Off Again" and "High Flyers," all for RKO. Ohio Censor Cuts 24 Cincinnati, Nov. 1. — Ohio censor reviewed a total of 509 reels in October from which 24 eliminations were ordered. This compares with 506 reels reviewed and 21 elimina- tions ordered in September, and 672 reels with 35 eliminations in October, 1937. Murphy Joins Circuit William P. Murphy has taken charge of the Maine, Massachusetts and Rhode Island houses of the Lockwood-Gordon New England cir- cuit. * Fly United' s DeLuxe * MAIN LINERS TO CHICAGO! Plan Mexico Color Film Mexico City, Oct. 27. — Mexico is to essay a full length feature in col- or, t is being undertaken by Pedro Calderon, producer of "La Zandunga." The new picture will be called "Las Aventuras de Zaro" ("Zaro's Ad- ventures" ) . 8 fast flights daily — all over shortest route! ★ To CHICAGO — 4 hrs., 55 min.l Mainliners are tops in luxury and comfort ! Only United flies the famous deluxe Skylounge Mainliners on non-stop flights — leave 12:15 p.m. or 5:20 p.m. Low round-trip rates! Reservations: 58 B. 42nd St., MU. 2-7300. Or travel bureaus, hotels. UNITED AIR LINES * The Main Line Airway * Columbia to Hold Weekend Division Meet at Chicago Columbia will hold the first of a series of divisional sales meetings at the Blackstone Hotel, Chicago, Satur- day and Sunday. A. Montague, gen- eral sales manager, who leaves f" v York for Chicago tonight, will ^ape 1) ments business men make these days, the better." That the Italian Government is anxious, however, to retain distribu- tion of American films was indies by E. W. Hammons, Grand National president, who returned from London negotiations. Hammons said he was approached by the E.N.I.C. while in London, on a distribution deal, but he turned it down. Both Gell and Hammons stressed the importance of the British and American markets to each other. Hammons said he had closed a five- year releasing deal in the United Kingdom, but refused to disclose the name of the company in advance of approval of the contract by the Grand National board, which will meet next week. The contract is signed and is subject to a one-year cancellation, he said. No Grand National Issue There will be no Grand National stock issue this year, Hammons de- clared. He said the company will make 16 features on the coast and two in the east, in addition to the 26 fea- tures to be supplied by Fine Arts, four of which are finished. Samuel Berkowitz, head of Fine Arts, accom- panied Hammons. He leaves for the coast shortly. Arthur Levey, Monogram's repre- sentative in England, who also ar- rived, and Gell will confer with W. Ray Johnston, Monogram president, on a proposal to make four features a year in England with American talent, on a 50-50 financing basis. Gell said he also will start dis- cussions with Johnston on a new five- year British distribution deal. The present three-year pact has two years to run. Pathe is a subsidiary of John Maxwell's Associated British Pic- tures. It will produce 12 features this season, including quota require- ments. Al Sherman of Columbia also was on the ship. MOTION PICTURE DAILY (Registered U. S. Patent Office) MARTIN QUIGLEY. Editor-in-Chief and Publisher; SAM SHAIN. Editor; JAMES A. CRON, Advertising Manager. Published daily except Saturday, Sunday and holidays by Quigley Publishing Company, Inc., Martin Quigley, president; Colvin Brown, vice-president and treasurer. Publication office: 1270 Sixth Avenue at Rockefeller Center, New York. Telephone: Circle 7-3100. Cable address: "Quigpubco, .Vew York." All contents copyrighted 1938 by Quigley Publishing Company, Inc. Ad- dress all correspondence to the New York office. Other Quigley publications: Motion Picture Herald, Better Theatres, Teatro al Dia, International Motion Picture Almanac and Fame. BUREAUS: — Hollywood: Postal Union Life Building, Vine and Yucca Sts.; Boone Mancall, manager; William R. Weaver, editor. Chicago: 624 S. Michigan Ave., C. B. O'Neill, manager. London: 4 Golden Square, W. 1: cable address. Quigpubco, London; Hope Williams, manager. Entered as second class matter Sept. 23, 1938. at the post office at New York, N. Y., under the act of March 3, 1879. Subscription rates per year $6 in the Americas and $12 foreign. Single coniei 10c s135,000, ORTH OF SHADOWS ;ey ir.afce men drectrr. dreams, cubic- jhsdaws1 Or.e ir.ou.e.T. they : with laughter. Again, they wring hoy decr.se your hear: with len.- >nor.. They stiifen your courage, m!ori >our iearc, (hey befriend so picture- shadows provide the ing icrce — leaping frontiers, prejudices, dravxiig nations and r gether in a commcn meeting pi American motion country and lo the than the -rallies treasured ^vested or the thousands employed. This advertisement is one o: t pared by The New Yori 3u •z broader understanding and < oi ind'jstnal America's cohtrii This advertisement, which appeared in the Wall Street Journal Wednesday and in Editor and Publisher last Friday, is one of a series on important in- dustries being issued by the New York Sun. Full page space is being used for its reproduction. It may also be used in the Philadelphia Bulletin and Chicago Daily News. Previous advertisements in the series have been on steel, automobiles and food. It is one of the rare occasions that recognition of this kind has been given the industry in this way by a daily nezvspaper. Copy for the advertisement was originally prepared by E. J. Churchill, president of Donahue & Coe, and was intended for use in the Motion Pictures' Greatest Year drive. MOTION PICTURE DAILY New York Preview "The Youna in Heart" (Selznick-United Artists) Delightful in comedy content, strong in emotional appeal, ."The Young in Heart," David O. Selznick's adaptation of I. A. R. Wylie's Saturday Evening Post serial, "The Gay Banditti," slips with the greatest of ease into the upper strata of entertainment value and box-office material. The Carletons are a family of lovable rascals, parasites by their own admission, living on their wits and other people's money, until the wealthy old lady they hit upon successfully as their permanent "host- ess," with a will in the offing, by her kindness and charm brings con- science and shame to them and achieves their reformation. That is the story, essentially, but it is woven about with keen dia- logue and a skillful blending of comedy and drama, as; developed by Paul Osborn, author of the screenplay, and Charles Bennett, who did the adaptation. But chiefly responsible for the completely engaging pic- ture which results is the high caliber cast, from top to bottom. The Carletons include Roland Young, as the father and fictitious "colonel"; Billie Burke, the mother, and Douglas Fairbanks, Jr., arid Janet Gaynor as the son and daughter. Completely captivating is the performance of the* elderly Minnie Dupree, stage veteran, as the old lady. Richard Carlson, newcomer, as the "burring" Scotchman in love with Miss Gaynor, appears definitely "in," and Paulette Goddard, who teaches young Fairbanks the meaning of love, in her first talking hlnv pole, impresses with the ease and compe- tent attractiveness of her performance.-- -JTenry Stephenson, Irvin S. Cobb and Tom Ricketts are all good in minor parts. Director Richard Wallace has contrived to enliven his production with occasional deft touches of comedy which are delightful. There is real amusement as Young and Fairbanks, pretending to find work to prove to Miss Dupree that they are not "spongers," give serious and earnest consideration to the work of an excavating machine, or when Young to the tune of the "Funeral March" walks into his first job, as a soldier into battle. When the old lady is close to death, when Fairbanks and his father come to realize the shame of their sham, on the other hand, the film reaches high points of sincere emotional appeal. Running time, 91 minutes. "G."* Charles S. Aaronson *"G" designates general audience classification. Friday, November 4, 1938 ► Radio Personals < WG. VAN SCHMUS, man- aging director of the Music • Hall, will discuss the oper- ation of the theatre as a guest on Bide Dudley's program over Mutual today at 11:30 A. M. . . . McGraw- Hill will publish in January Dave Elman's book on hobbies, now in preparation . . . Walter and Moe An- l^nberg, publishers of Radio Guide, *-,Aong other publications, are in town. |f . . Walter King, WINS announcer, is appearing as "em cee" at the RKO Madison in Brooklyn. + Jack Dempsey and Hanna Williams will start off the guest star policy on the Benny Goodman Camel cigarette program . . . Rosemarie Brancato, back from a season of concerts in Hollywood, will be the guest soloist on Erno Rapee's Music Hall show for two successive Sundays, beginning this week. Report Ford Takes Welles Air Series Orson Welles' "Mercury Theatre of the Air" which achieved nationwide publicity this week as a result of the "War of the Worlds" broadcast, has been purchased by the Ford Motor Co., according to a well-founded re- port. The deal was closed late Wednesday. Efforts to obtain verification of the deal at the offices of N. W. Ayer & Son, the agency handling the Ford motor account, were fruitless, due to | the absence of the officials of the agency's radio department. Ford, it is understood, has been seeking a new radio program since losing the Al Pearce program to Gen- eral Foods. The new show is being sought to serve as a balance to the institutional Ford "Sunday Evening Hour," a symphonic series. Ever since Ford entered radio many years ago the company has maintained two concurrent series on the air, one a light type, the other the symphonic show. The current season is the first time the company has had but one show on the air. Webs Close Election Day The networks, and most of the local stations, will close their offices at noon on Election Day and all day Nov. 11, Armistice Day. Helen Keller to "Hear" Toscanini Helen Keller will attend the Toscanini broadcast to- morrow. Miss Keller, deaf, dumb and blind since child- hood, "hears" through her feet. But because of the per- fect acoustical properties of radio studios, Miss Keller would be unable to hear the concert, except that NBC is now installing a special sound board on the floor un- der the seat she will occupy, by means of which she can detect vibrations. Sagall to Confer With Cantor Upon Television Plans (Continued from page 1) tion as soon as B.B.C. approves the transmission of television programs into theatres, Sagall said. He will investigate the possibilities of marketing transmitting and receiv- ing apparatus in America and the erection of a transmitter for the World's Fair. Scophony may estab- lish a branch here. Fr. Coughlin on WMCA Father Charles E. Coughlin's pro- gram, which is scheduled to start Sun- day, will not be carried over WHN. Herb Pettey, associate director of WHN, declared yesterday- that the cancellation was caused by Father Coughlin's refusal to comply with the station's rule which requires submis- sion of the speech in advance of the broadcast. WMCA will carry the speech instead of WHN. "Sport Quiz" to Webster WMCA's "Sports Quiz," featuring Jimmy Powers, sports editor of the Daily News, has been purchased by Webster-Eisenlohr Cigar Cd. The contract is for an indefinite period, and was placed by N. W. Ayer & Son. "Sports Quiz" is heard Fridays at 7:30 P. M. Smith Is Named Erpi West Coast Manager Clifford W. Smith, former general foreign manager of Erpi, yesterday was appointed general manager on the coast, a new post which will give him jurisdiction over all Erpi Holly- wood activities. E. S. Gregg, comptroller, replaces Smith as general foreign manager, and F. B. Foster, Jr., succeeds Gregg as comptroller. Smith started with Erpi as com- mercial manager of the Paris office in 1929. Later he became London manager and then commercial direc- tor of Western Electric Co., Ltd. In 1936 he was named assistant foreign manager and this year general for- eign head. Gregg joined the company in 1928 as export manager, and Fos- ter joined Western Electric in 1923. Standard Brands Sued Standard Brands, Inc., sponsor of the Chase & Sanborn Coffee Hour on the radio, was named defendant in a suit to recover $25,000; filed by Bug- geln & Smith, Inc., advertising agen- cy, in the U. S. District Court yester- day. The plaintiff claimed that in June, 1937, it sold to Standard Brands an advertising sales promotion scheme which would commercialize the popu- larity of Edgar Bergen. The plan provided for a miniature Charlie McCarthy, to be distributed in -ex- change for a number of certificates obtained from the purchase of Chase & Sanborn coffee, the complaint stated. The plaintiff seeks $25,000.- 3 Universal^ Sales Over $20,000,000, An 8-Year Record (Continued from page 1) consecutive month that the company has been in the black. The October profit is estimated at more than double that for September and should put the company in the black for the final quarter of the fiscal year, ended Oct. 31, by a comfortable margin, in- asmuch as the August loss was not a large one. Year end adjustments ap- plicable to the final quarter may affect the showing for the period somewhat, but indications are such adjustments will not obliterate a profit for the period. A quarterly profit, likewise, would establish an eight-year record for the company. RKO Vaudeville to Be Suspended Here (Continued from page 1) periences with unions here since the test shows were inaugurated. In the two-month period in which the show policy has been operative, it was demonstrated that the stage attrac- tions are without independent pulling power when the film attraction is not the strongest. Business in the ex- perimental houses corresponded with the relative strength of individual pic- ture attractions during the period. In the face of this experience, cir- cuit officials said they were confronted with unreasonable employment de- mands from the stagehands' and mu- sicians' unions, which made continu- ance of the shows impossible. Stand- by orchestras and unneeded numbers of both musicians and stagehands were insisted upon by the unions even in houses where the acts were re- cruited from amateurs. Grainger Promotes Shea Men in Field (Continued from pane 1) Fulton, Pittsburgh. Vincent Choate, manager of the Roosevelt, Jamestown, R. L, goes to the Paramount, New- port. Joe Hockenberry, who was assist- ant at the Paramount, Newport, be- comes manager at the Roosevelt, Jamestown. Fred Lahrmar goes from the Paramount, Youngstown, to New- ark, O., where he will be assistant to Frank King, who operates the Mid- land and the Auditorium. Orlob Plans Two More Harold Orlob, producer of "One Third of a Nation;" now being com- pleted at- Eastern Service Studios, plans two more features here. One will be a 'film' version of his musical comedy, "Trial Honeymoon," in Cos- mocolor. B. P. Fineman Quits RKQ Hollywood, Nov. 3. — B. P. Fine- man resigned as RKO associate pro- ducer today, effective Dec. 1. Close Wilcox Film Deal Record Pictures" has closed with Syndicate Film Exchange for - H "r- bert Wilcox's musical comedy,- "The Gang," for the New York- territory. \t has a meaning all its own THE DICTIONARY says Broth'er Rat • means A term of address used by students at Virginia Military Institute— some- what similar to use of 'Plebe' at West Point. FILM DAILY says BROTHER RAT means 'A box-office honey!' VARIETY says BROTHER RA means 'Exhibs will hit pay dirt!' M. P. HERALD says Brother rat means V service comedy that s like no specimen that las ever been offered the public before/ M. P. DAILY HOLLYWOOD REPORTER says says BROTHER RAT BROTHER RAT means means 'The utmost "Rat' takes the cake . . . will send audiences out in comedy!' talking so much they'll send other audiences in!' fou can see what it means to you, brother, when you see how the Memphis loldover smashed every Sunday record! Los Angeles, Baltimore, Kansas City, Scranton, Dayton already set for week No. two! Warner Bros., producers. THE STORM with CHARLES BARTON PRESTON BICKFORD • NacLANE • FOSTER ™ BROWN GREY Andy Devine • Frank Jenks * Samuel S. Hinds Screenplay by Theodore Reeves, Daniel Directed by Harold Young Moore and Hugh King Original story by Daniel Moore and Hugh King Produced by Ken Goldsmith Pardon my Paris Accent V>ila! Poor little Olympe, she send ze bootiful telegram full of love and kisses to all you beeg boys at ze beeg peace conference. And now you make laughing at her because she sends it to what you call it . . . to Oha zomzing instead of Oho zomzing. Pardon, monsieurs, but Olympe she is French, not Indian. When Olympe say a thing, she 'Say It in French.' And, beeg boys, no matter you live in Oskaloosa, Tuskaloosa, Paduca, Pewaukee, Ipsilanti, New York, New Haven and Hartford, San Francisco, San Diego, Los Angeles, Los Vegas, I tell you one thing, when you see Olympe and Ray Milland in Olympe's new motion peecture, you are going to 'SAY IT IN FRENCH'. . ." // < ) Alert. Intelligent to the^ Picture Industry I OX REMOVB MOTION PICTURE DAILY First in Film an Accu and Impartial 44. NO. 90 NEW YORK, MONDAY, NOVEMBER 7, 1938 TEN CENTS Politics Jams Air Lanes as Election Nears Local Stations Collect Unusual Revenue Political candidates have been spend- ing heavily in local radio, an analysis shows, with NBC's New York outlets accounting thus far for $28,870, CBS doing approximately $50,000, WOR and Mutual's New York state stations garnering $23,580. Of the local unaffiliated stations, WHN to date has made the best showing, its intake for political broad- cast reaching a total of approxi- mately $18,000. The analysis is at the close of business Friday, and in all probabality the totals for all sta- tions will be swelled considerably be- fore election, as many last minute bookings for political talks are an- ticipated. The NBC political total is for time (Continued on page 8) Lawler Testifies in City Sales Tax Case T. Newman Lawler of O'Brien, Driscoll & Raftery, counsel for United Artists, and Harry Muller, United Artists treasurer, testified Friday at the resumption of hearings on the city's assessment of penalties and in- terest of more than $100,000 against distributors for failure to remit the two per cent city sales tax from March, 1935, to June, 1937. Their testimony related to the good faith of the distributors in not paying the tax (Continued on page 7) Televising Plays London, Nov. 6. — British Broadcasting Co. will televise J. B. Priestley's play, "When We Are Married," in its en- tirety from Saint Martin's Theatre on Nov. 16. On Nov. 24, a telecast will feature scenes from "Under Your Hat," with Jack Hulbert and Cecily Courtneidge. Columbia Talking Expansion of Its British Program Ambitious production plans for Col- umbia in Europe were hinted at by Joseph A. McConville, foreign chief, before sailing for London Friday on the Queen Mary. He was accompa- nied by Jacob Segal, assistant for- eign manager, and Jack Cohn, vice- president. Cohn and McConville will investi- gate the possibilities for the company's own production in England. French production or financing French pro- ducers is also a possibility, in line with Columbia's new activity of dis- tributing a picked number of Euro- pean films in this country. Columbia's British quota pictures are being made this season by Alex- ander Korda's Denham Studios, with Irving Asher, associate producer, di- rectly in charge. Columbia and Denham are sharing the financing. One film, "Q Planes," is completed and another, "Spy in Black," is in work, with Conrad Veidt and Evelyn Laye. In all, Columbia will get three pic- tures from Denham, at budgets rang- (Continucd on page 7) Trade Practices Agreement Reached with Allied Heads Chicago, Nov. 6. — Agreement on a trade practice program has been reached in principle with Allied, Wil- liam F. Rodgers, spokesman for the distributors' trade practice committee, said here before leaving for New York. Col. H. A. Cole, chairman of Al- lied's committee, added that after two days of discussion, the distributors "granted the maximum concessions which they feel they can yield." Final negotiations between M. P. T. O. A. representatives and the dis- tributors' sub-committee consisting of Sidney R. Kent and Ned E. Depinet on a trade practice program may be begun tomorrow. The M. P. T. O. A. committee headed by Ed Kuykendall has arrived in New York. Indications are that the final con- ferences will be concluded within a few days. Cole said that the demands made of the smaller companies were "more tempered" than those asked of the larger ones. The agreement with Allied will be reduced to writing. Final agreement is subject to the board's approval. Gradwell L. Sears, A. Montague and Rodgers constituted the distribu- tors' committee. BALABAN THEATRE TO TAKE CONTROL Fairbanks May Produce Here For U.A. List British interests are discussing with Douglas Fairbanks the possibility of putting up $2,500,000 or more for or- ganizing a company to produce films here for release through United Art- ists, in which Fairbanks is a stock- holder and member of the board. Fairbanks, of course, would assume a leading role in the new company's op- erations, should the prospective un- dertaking be realized. Prominently mentioned as interested in the possible venture are Sir Adrian Baillie and Montague Marks. Marks is head of Albion Film Corp. of Lon- don. The latter is now on his way (Continued on page 7) No Freeman Successor to Be Named for Present; Zukor East Soon Ask Child Grading Of Canadian Films Montreal, Nov. 6 . — Reviewing of films and their grading according to suitability for school children here by an independent board of censors has been proposed to Armand Dupuis, president of the Catholic School Com- mission of Montreal, by Gerald Coughlin, K. C. The proposal provides for the low- ering of the present 16-year age limit on juvenile attendance at theatres to include children of seven or over. The independent reviewing board (Continued on page 7) Ross Federal Names 4 Branch Managers Ross Federal Service has named four new branch managers : F. S. Mc- Keown, Detroit ; C. J. Storeim, Cleve- land; F. A. Rosevelt, Charlotte, and F. B. Gamble, Portland. R. W. Oudersluys, former Detroit branch manager, has been assigned to the new credit promotion division. Thomas B. Ellsworth has been named assistant in the advertising de- partment of Ross Federal Research to edit the monthly house organ, Service. Barney Balaban, Paramount presi- dent, will devote more of his time to the company's theatre end upon his return from the coast in about a week. No successor to Y. Frank Freeman will be named at present. Balaban has been one of the out- standing theatre operators in the country. He merely adds certain de- tails of administration of the theatre department to his other duties as head of the company. The possibility ex- ists, however, that after careful de- liberation and at a later date a super- visory executive appointment in the home office theatre department might be made. Freeman, who was placed in charge of the studio as the home office repre- sentative there, continued on to the coast from Chicago over the weekend and will remain at the studio until Friday for conferences with Balaban, Stanton Griffis, Zukor and William (Continued on page 7) Radio— Page 8 Board of Four A's To Get New Setup Plans to provide member branches of the Associated Actors and Artistes of Ameri- ca with a closer basis for co- operation will be laid before the board of directors next Wednesday, Frank Gillmore, president, stated on his re- turn to the city Friday. Gill- more spent five weeks touring key city branches to test sen- timent. First moves to b« consid- ered will be establishment of one office for all branches in cities where none has suffi- cient membership to warrant the expenditure. Another pro- posal is a monthly bulletin to advise locals of the activi- ties of other branches and to lay the basis for future co- operation. Consideration will be given to the problem of a joint dues system. Gillmore pointed out that all efforts must meet with the approval of the branches and the board, but stated that he felt some action would start early in 1939. MOTION PICTURE DAILY Monday, November 7, 1938 4 Purely Personal ► JCheever Covvdin, Monty Banks, • Berton Churchill, Lucy Ca- ii ill, Walter Futter, Leslie How- ard, Herbert Wilcox, Anna Neagle, Phil Reisman, Laurence Olivier and Vivian Leigh are scheduled to arrive Wednesday on the Normxmdie. Christy Wilbert has gone to Baltimore for the opening of "Sub- marine Patrol" at the New Nov. 9, and Rodney Bush has gone to Chi- cago for the opening of "Patrol" at the Roosevelt Nov. 14. He will go from there to Indianapolis for the start of the same picture Nov. 18. • Jules Levy, RKO general sales manager, left for Atlanta Friday to confer with Cresson E. Smith, west- ern and southern sales manager, and H. M. Lyons, southeastern district manager. Ralph Clark, Jr., Warner branch manager in Sydney, Australia, left over the weekend for Hollywood, where he will remain four or five days before sailing for his headquarters. • Janet Martin of Walt Disney's Hollywood publicity staff returned to the coast over the weekend after a three-week vacation here. • P. J. Mooney of Eastern Service Studios is back at his desk after a two-week honeymoon tour in the south and middle west. • Marcel Hellman, British producer who has been visiting here, plans to leave today for the coast. • Pat O'Brien will leave this week for the coast after a short vacation here. Wayne Morris flew to Akron Fri- day night via American Airlines. Hart Wins $276,965 In Suit Against UA William S. and Mary Hart were awarded a verdict which, with inter- est, amounted to §276,965 against United Artists Corp. by a jury in the N. Y. Supreme Court on Friday after a one-week trial before Justice Ber- nard L. Shientag. The jurv's verdict, was for $190,484. Suit was filed by the plaintiffs, in which they sought $500,000, charging the defendant with breach of a con- tract for the distribution of Hart's "Tumbleweed," produced in 1925. The plaintiffs asserted that United Artists sulci "Tumbleweed" with "Wild Jus- tice," in violation of the contract. United Artists gave notice of appeal and were allowed a 60-day stay for that purpose. Hays' Birthday at Home Will H. Hays left for Sullivan, Ind., his home town, over the week- end. He observed his 59th birthday there Saturday with members of his family and will cast his vote in the Indiana election there tomorrow. He is due back here Wednesday and may leave for the coast in about two weeks. Insiders' Outlook THE boys finally hooked Stephen Pallos for a lunch, before he sailed for London Friday. Only around 40 showed up to partake of his sudden hos- pitality at the Tavern. Pallos was glad to get off. Pallos, you know, is sales chief of London Films (Korda), and he is one of the most welcome visitors to these shores from the other side. Topping the guests was Murray Silverstone, operating chief of United Artists. Others included Emanuel Silverstone, Morris Helpern, Harry Buckley, Jack Schlaifer, Harry Gold, Lynn Farnol, Monroe Greenthal, Ben Washer, Meyer Beck, Charles Stern and Harry Kosiner. T T Eddie Cantor is arranging for Sol Sagall, managing director of Scophony, British television or- ganization, to meet New York financial interests with a view to obtaining capital for two or three limited television networks in this country. Sagall arrived late last week from Europe. Cantor says it will require be- tween $5,000,000 and $10,000,- 000 to start operations. He said he has already paved the way for Sagall to discuss financing with Wall St. interests. The plan, he says, is to set up transmitters in New York, Los Angeles and probably one other center, for television broadcasts within a 100-mile radius. As soon as the engineers make it possible, the areas will be increased. Cantor says he wants to be in on the ground floor w hen televi- sion arrives and will be inter- ested in it from the business end. T T Additional capital, outside of that which is forthcoming from Prudential Assurance Co., may be negotiated for the Denham Studios and London Films, the Alexander Korda companies. Some kind of a new financing company is under way whose principle purpose it seems will be the financing of pictures and dis- tribution deals, outside of Korda's own present arrange- ments. However, Prudential is the financial backbone of Lon- don Films. T T In 19 years Motion Picture Associates has expended approx- imately $100,000 in personal wel- fare work among the needy of the trade, according to Jack- Ellis, organization president. The society's chief source of revenue is an annual dinner-ball, which, this year, will be held Nov. 26, at the Astor Hotel. English Labor Probe Likelihood Receding London, Nov. 6. — Likelihood of a Ministry of Labor inquiry into labor conditions in the film industry has re- ceded. A ministry official told a deputation from the National Association of Kine and Theatrical Employes that many local agreements recently have been completed, and Ernest Brown, Minister of Labor, made a similar statement in answer to a query in the House of Commons. The labor or- ganization, the Cinematograph Exhib- itors' Association and the Ministry of Labor will meet shortly for dis- cussion of the situation. Warn London Show On Child Admissions London, Nov. 6. — Chairman of the London licensing session meeting on Friday, warned exhibitors against the alleged evasion of the regulation that "A" designated films are not to be shown to children. Specifically, the chairman cited the ignoring by exhibitors of the practice of children who gain admission by persuading adults to buy tickets for them. Jubilesta Shows Deficit Kansas City, Nov. 6. — The third annual Jubilesta showed a deficit of $16,025, although it played to more than 75,000. More than $125,000 was spent on the municipal show, and in- come totaled $109,100. Selwyn Answers in "Dallas" Book Suit Selwyn & Co., Inc., filed its answer on Friday in the U. S. District Court in the suit brought against it. Air Features, Inc., Olive Higgins Prouty, author of "Stella Dallas," and Samuel Goldwyn, Inc., Ltd., by NBC, Black- ett-Sample-Hummert, Inc., and the Charles H. Phillips Chemical Co. Selwyn & Co. asserted that it had bought the radio rights to the book, "Stella Dallas," by a payment of $1,- 350 Sept. 22, 1937, to the American Play Co., Inc.. Prouty's alleged agent. The plaintiff had filed suit seeking an adjudication that they owned the radio rights to "Stella Dallas," claiming to have purchased them from Selwyn & Co. and Air FeatU'-es. The plaintiffs state in their complaint that Prouty and Goldwyn are claiming ownership to the rights. Arcadia to Educational Arcadia Pictures Corp., a sub- diary of Educational Films Corp., has been merged with the parent com- pany. Arcadia was a holding com- pany. The merger was in line with the transfer of certain assets to Grand National, Educational subsidiary. Pelson Joins Imperial S. Ernest Pelson, formerly personal assistant to Edward Alperson at Grand National, has joined Imperial Pictures as office manager and city salesman in Boston. He was secre- tary-treasurer of G. N.'s Canadian affiliate. Columbia Talks Product at Sales Meet in Chicago Chicago, Nov. 6. — Product avail- able and that to come in the near fu- ture was discussed at a weekend re- gional sales conference held at the Ulackstone Hotel. / "We have found that sales meehdgs at central locations several times a year make it easier for us to talk over details of problems that arise," said A. Montague in explaining the purpose of the sessions. Eastern, southern and middle west- ern divisions were represented. An- other meeting will be held later for the coast and western divisions. Sat- urday and today were devoted to group discussions rather than general meetings. About 65 attended. Those present were : A. Montague, Rube Jackter, Lou Weinberg, Lou Astor, Max Weisfeldt, Maurice Grad, H. C. Kaufman, George Josephs and Milton Hannock, New York ; S. A. Ga- lanty Washington, Phil Dunas, Chi- cago ; Carl Shalit, Detroit ; W. Brad- held, Kansas City; T. J. MacEvoy, Milwaukee ; A. B. Leake, Des Moines ; O. J. Ruby, M. Weisner, Milwaukee; H. J. Chapman, J. H. Jacobs, A. L. Aved, M. W. Sgutt, I. Marks, D. H. Conley, Minneapolis ; S. R. Chap- man, Milwaukee ; M. H. Evidon, M. Goodman, M. L. Godwin, Des Moines; B. C. Marcus, C. E. Rey- nolds, H. S. Stulz, L. E. Royster, Kansas City ; I. M. Weiner, S. Vaeger, E. Dunas, W. J. Foley, Omaha ; R. F. Cloud, C. H. Town- send, L. Soskin, G. L. McCoy, De- troit ; \Y G. Craig, H. Kaufman, C. Butler, A. J. Gelman, Indianapolis ; C. D. Hill, C. Ferris, L. A. LaPlante, J. Mradford, St. Louis; A. H. Levy, J. Gins, G. Tice. S. Sugarman, C. B. Kosco, Pittsburgh; L. Zucker. G. Becker, M. Glick, S. Gerson, Cleve- land; L. E. Davis. P. Niland, C. R. Palmer, H. W. Rullman, Cincinnati ; O. D. Weems, C. A. Wingfield. J. B. Walsh, B. Caplon, Washington. Retitle Universal Serial Hollywood, Nov. 6. — The title of "Eagle Scout" has been changed to "Scouts to the Rescue" bv Universal. MOTION PICTURE DAILY (Rcriistcrcd V. S. Patent Office') MARTIN QUIGLEY, Editor-in-Chief and Publisher; SAM SHA1N. Editor; JAMES A. CRON. Advertising Manager. Published daily except Saturday. Sunday and holidays by Ouigley Publishing Com- pany, Inc.. Martin Quigley, president; Calvin Brown, vice-president and treasurer. Publication office: 1270 Sixth Avenue at Rockefeller Center. New York. Telephone: Circle 7-3100. Cable addresss: "Quigpubco. New York." All contents copyrighted 1 93S by Quigley Publishing Company. Tnc. Address all correspondence to the New York office. Other Quigley publications: Motion Picture Herald. Better Theatres. Teatro al Dia, International Motion Picture Almanac and Fame, BUREAUS: — Hollywood: Postal Union Life Building. Vine and Yucca Sts. ; Boone Mancall. manager: William R. Weaver, editor. Chicago: 624 S. Michigan Ave.. C. B. O'Neill, manager. London: 4 Golden Square. W. 1: cable address, Quigpubco. London: Hope Williams, manager. Entered as second class matter Sept. 23, 1938, at the post office at New York. N. Y.. under the act nf March 3. 1879. Subscription rates per year $6 in the Americas and $12 foreign. Single copies 10c. Monday, November 7, 1938 MOTION PICTURE DAILY Balaban Will Add Theatres To His Duties (.Continued from page 1) LeBaron. baiaban and Griffis are scheduled to leave for New York \tfmin the next few clays, to arrive here next Monday, after a probable Stopover in Chicago. Zukor may leave- Hollywood in a week or 10 days and •spend about two weeks here before sailing for London to take over his new post as head of Paramount opera- tions there. Montague Goldman. Paramount general sales manager for England, resigned that post over the weekend, and Charles Penley, general manager for Paramount theatres in Great Brit- ain, also resigned. No successor has been named to either post. Goldman's resignation was the sec- ond in the British sales organization within recent weeks, having been pre- ceded by that of J. C. Graham, for- mer managing director for the com- pany. The latter's post is being filled temporarily by Hicks. The company's estimated net profit after all charges for the third quarter ended Oct. 1, was $650,658. Included in the estimate are $495,000 of undis- tributed earnings of subsidiaries and a profit of $233,000 on the purchase of debentures of Paramount Pictures, Inc. With this estimate, the com- pany's earnings for the nine months just ended are figured at $1,876,469. which includes $1,660,000 of undistrib- uted earnings of subsidiaries and $245,000 profit on debenture pur- chases. "Great Waltz" Final At Waldorf Dec. 12 William R. Ferguson, M-G-M ex- ploitation manager, has made arrange- ments for the finals of the "Great Waltz Competition," sponsored by the company and newspapers, to be held at the Waldorf-Astoria Dec. 12. The local newspaper tieup is with the World-Telegram, which published its first double-page spread on the contest last Saturday. Newspapers in many cities are cooperating on local waltz competitions. Twenty-four zone finalists will com- pete in the finals at the Waldorf- Astoria for the grand prize of a three- month contract at the M-G-M studio and other awards. An attendance of 3.500 is expected at the finals. Pro- ceeds from ticket sales will be giver to the Red Cross. Bway Has 21 Shows Closing on Saturday of "On Borrowed Time," after 320 per- formances, "Dame Nature," after 48, and "Waltz in Goose Step," after 7, brought legiti- mate stage plays on Broad- way down to 21. "Leave It to Me," a Vinton Freedley production of a play by Bella and Samuel Spewack opens Wednesday at the Im- perial. "Where Do We Go from Here?" by William Bow- ers, produced by Oscar Ham- merstein 2d and Dwight Tay- lor, opens Thursday at the Vanderbilt. WPA closed "Pro- logue to Glory" on Saturday after 167 performances and left two shows still on view. Imperial Files New Stock Issue at SEC Washington, Nov. 6. — A registra- tion statement covering the issuance of 425.000 shares of $1 par common stuck has been filed with the Securi- ties and Exchange Commission by Imperial Pictures. Inc. The statement showed that 1,000 shares have been sold and an addi- tional 424,000 shares are to be offered at a price of $1.50 per share, from which the company will secure $637,500. The company's original registration statement became effective April 8. the new registration being an amend- ment thereto. Fairbanks May Produce Here For U.A. List (Continued from pane 1) to America. He will arrive Thursday on the Normandie. London advices are that Marks is making the journey from London es- pecially to talk the matter over with Fairbanks. Fairbanks is expected here from the coast during the latter part of the week to meet Baillie. Presumably, if a deal is concluded and a firm is organized, it will be formed to make a series of films. This would be required were the prospec- tive new firm leaders to try to obtain a release from United Artists on product. The United Artists company policy, which is well known, is that its releas- ing books are open only to qualified producers who can deliver a specific number of films over a period of years. Columbia Talking Expansion of Its British Program (Continued from pane 1) ing from $200,000 to $300,000 each. The films will serve for double quota credit. Cohn said the present arrangement with Denham may be renewed for next year, but all plans are subject to investigation on the ground. Europe's war scare of several weeks ago disrupted Columbia's for- eign plans in work at the time, and the executives will seek to finalize them on their present trip to London and Paris. The Central European and Italian situation will also receive their attention. Cohn expects to be back in about a month. McConville and Segal will return late in Decem- ber. Douglas Fairbanks, Jr., sailed for a vacation in England. He said he had commitments with RKO and Selz- nick International and will start in a film for the latter on his return. Gary Cooper also left for a holiday and will make "Last Frontier" for Samuel Goldwyn when he gets back. Richard Collet, manager of the D'Oyle Carte Opera Co., who sailed on the same ship, said "The Mikado," first color film made by the company in England, will be released there at Christmas and future production of Gilbert & Sullivan pictures hinges on its reception. An American release for the film is still being negotiated. Lawler Testifies in City Sales Tax Case (Continued from pane 1) because they believed it would not ap- plv to films which are leased, not sold, and also believed that since films move in interstate commerce they would not be subject to a municipal tax. Hearings were held in the city comptroller's office. The next is scheduled for Nov. 16. Distributors have been collecting and paying the tax since June, 1937, and paid the accrued tax to that date when the state Court of Appeals held that i was applicable to films exhibited in city theatres serviced by local ex- changes. Ask Child Grading Of Canadian Films (Continued from page 1) would designate films regarded as suitable for children of seven to 12 years, and others suitable for those from 12 to 16. A pedagogic commit- tee will study the matter before final action is taken. Suggestions concerning juvenile theatre attendance were invited by the commission in connection with the in- vestigation of the subject now under way in the province. Proper super- intendence of theatres to prevent a recurrence of anything like the Laurier Palace disaster of 10 years ago, the tragedy which prompted pro- vincial legislators to bar children from theatres, was urged by Dupuis. Slander Suit Filed Against Louis Mayer Hollvwood, Nov. 6. — William H. Xeblett, attorney, filed suit against Louis B. Mayer in Superior Court here Friday for $500,000 damages for alleged slanderous statements made by Mayer last year. The action involved alleged statements concerning the LA. T. S. E. Yamins Asks Allied Members for Funds Boston, Nov. 6. — Nathan Yamins has issued a call for funds for the Allied treasury. He asks each inde- pendent theatre affiliated with the or- ganization to send $5 to Herman Blum, Washington. "The tactical situation of the inde- pendent exhibitor today is marvel- ous," Yamins says in his appeal. "Al- lied has been compelled to dig into its resources, and, now, with the most important job still to do and resulting expenses mounting daily, finances are running" low." Bernstein and Warner Again Heading Drive David Bernstein and Major Albert Warner will act as co-chairmen for the fifth successive year in the film, theatrical and allied divisions of the annual campaign for the Federation for Support of Jewish Philanthropic Societies of New York. Plans for the drive were discussed at a meeting at the Hotel Astor Fri- day. Last year these divisions raised $180,000 and a higher goal has been set for this year. Members of the various groups and sections for the drive follow : Film distributors — Columbia, Jack Cohn, Abe Schneider, Nate Spingold, M ax Seligman ; RKO — George J. Schaefer, Jules Levy, Phil Reisman, Malcolm Kingsberg, Leon Goldberg; 20th Century-Fox — Joseph Moskow- itz ; National Screen Service — Her- man Robbins ; Paramount — Joseph Cooper, Arthur Israel ; Educational — Jack Skirball ; Grand National — Ed- ward _ L. Alperson ; Warners — Sam Morris, Jules Levy, Max Blackmail ; Loew's — Leopold Friedman, Joseph Vogel, Eugene Picker, Charles C. Moskowitz, Oscar Doob ; Universal — Nate J. Blumberg, M.P.P.D.A.— Roy Norr. Music Publishers Listed Music publishers and composers — Louis Bernstein, Jack Mills, Irving- Caesar, Buddy Morris, Jack Robbins, Jack Bregman ; laboratories — Alan E. Friedman, Ralph Poucher, Jules Bru- latour ; independent theatre owners William Brandt, Harry Brandt, B. S. Moss, Sam Strausberg, Ed Rugoff, Leo Brecher, S. H. Fabian, Louis Fnsch, Fred V. Storrs, Fred J. Schwartz, Sam Rosen, Sam Rinzler ; ndependent producers— Budd Rogers ; egitimate stage— William Klein, Mar- cus Heiman, Lee Shubert, Max Gor- don, Harry M. Goetz ; artists' repre- sentatives—William Morris, Jr., Abe Lastfogel, Arthur Lyons; foreign de- partments—M. A. Schlesinger; cos- tumes—James E. Stroock; radio sta- tions— Donald Flamm ; accessories Ben Moss, Sam Dembow, Jr., Eugene Picker and Joe Hornstein ; night clubs —Ted Friend, Hy Gardner, Herman Stark, Noah Braunstein, Joe Moss ; orchestras— William Goodhart, Harry Kalcheim ; publications — Jack Ali- coate, Sid Silverman, Martin Quigley, Maurice D. Kami; attorneys— Louis' Phillips, Louis Nizer, " Charles Schwartz, Julian Abeles ; artists divi- sion—Louis K. Sidney, Phil Baker, Ben Bernie, Ed Wynn, Louis Sobol Marvin Schenck, Eddie Cantor, Leo Brecher ; burlesque theatres— Max Rudnick. Pathe Gets Fox Music Sam Fox Publishing Co. has closed a five-year deal with Pathe News for the use of all of its music catalogues in Pathe nevvsreels and shorts. Tribute to Rogers Is Led by Roosevelt Claremore, Okla., Nov. 6. Presi- dent Roosevelt, broadcasting from Hyde Park, N. Y., led the list of nota- bles who paid homage to the memory of Will Rogers at the dedication of the memorial to the state's famous son here Friday. More than 20,000 people gathered in front of the $200,000 Rogers Mu- seum. RADIO MOTION PICTURE DAILY Monday, November 7, 1938 Politics Jams Air Lanes as Election Nears (Continued from pane 1) on both key stations, WEAF and WJZ and the network's remaining stations in New York state. Of the total of $28,870, the Democrats spent about $3,535, the Communists $855, the American Labor Party $480, and the Republicans, the balance of ap- proximately $24,000. The CBS total of $50,000 was gained as the result of selling 32 pro- gram hours over 15 stations for po- litical talks. Beyond this no further breakdown is obtainable from the net- work. WOR-Mutual (in New York state only) sold 17 hours for $23,580, as follows: New Jersey Democratic Party, $2,640; New York Democratic Party, $11,820; New Jersey Republi- cans, $2,200; New York Republicans, $4,980; American Labor Party, New York, $900; Citizens Non-Partisan Committee, $1,040. WHN reports political business to date of approximately $18,000, exclu- sive of what the station derived in serving as a link of the New York State network, which was organized primarily to capture the political busi- ness. WHN's political total is amaz- ing, but it is explained by the fact that practically all the candidates who appeared on the networks doubled by using also the facilities of WHN. The station also did a large amount of spot politicals. WMCA reports a political total of approximately $6,000. Frisco Judge to Air Drama of Courtroom San Francisco, Nov. 6. — KSAN plans a weekly broadcast from the courtroom of Municipal Judge Jeffer- son E. Peyser, to be called "Humanity Passes Before the Judge." In order to overcome previous objections of the legal society here, the station has pro- posed to have the judge discuss cases that have appeared before him, after the docket is closed for the day. Name International CBC European Agent Montreal, Nov. 6. — International Broadcasting Co., Ltd., has been ap- pointed exclusive agent in Great Brit- ain and Europe for commercial pro- grams on the Canadian Broadcasting Corp. network. International will form a Canadian company, with offices here, through which the business will be operated in Canada. Ernie Gill on KGO San Francisco, Nov. 6. — KGO, Blue network station here, has been designated for a full hour sustaining- program each Sunday afternoon, for coast-to-coast airing opposite the Chase and Sanborn broadcast on the Red web. Program will be called "Out of the West," featuring orches- tra conducted by Ernie Gill, narrator John B. Hughes, vocalists Betty Kelly, Armand Girard, George Nick- son and Knickerbocker Quartet. Natives Return Toronto, Nov. 6. — Raymond Massey and Walter Huston, Canadian native sons, are re- turning to play leading roles in Canadian Broadcasting Co.'s Shakespearian dramati- zations. Massey will appear in "Richard II," Nov. 27 and Huston played the title role in "Othello" tonight. Both appearing on Broadway, they are dashing to Toronto for the broadcasts, both sched- uled for Sundays. All-Canada Obtains Lone Ranger Group A deal signed in New York over the weekend involves NBC, King- i'rendle Broadcasting Corp. and All- Canada Radio Facilities, Ltd., and calls for exclusive representation in Canada by All-Canada Facilities of the "Lone Ranger" transcriptions. King-Trendle owns the rights to the "Lone Ranger" title, and NBC owns the sales rights for Canada. The long term contract was signed by Harold Carson of All-Canada and C. Lloyd Egner, manager of NBC's transcription department. Standard Oil Holds Its Coast Symphony San Francisco, Nov. 6. — Standard Symphony Hour, broadcast each Thursday over KPO and the west coast NBC-Red by Standard Oil of California, has been extended to April 27. Nine programs will originate in San Francisco, directed by Pierre Monteux ; 10 in Los Angeles, con- ducted by Otto Klemperer and Henri Svedrovsky ; three in Seattle, under Nicolai Sokoloff, and three in Port- land, directed by Edouard Hurlimann. Set Red Cross Broadcast A special broadcast for the annual Red Cross Roll Call has been ar- ranged by CBS and NBC. The CBS show will come from New York and Washington, and will include per- formances by Ben Bernie, Guy Lom- bardo, Connie Boswell and Lauritz Melchior. It will be broadcast Nov. 12 from 9 to 9:30 P. M. The NBC show will consist of a special drama- tization of "The Power and the Glory" with Dorothy Gish in the lead. It will be broadcast Nov. 13 on the Red at 3:30 P. M. Six Shows Extend Mutual Chain Time Six Mutual programs, currently dn the air, have extended their networks. The "Good Will Hour," now coast- to-coast Sundays at 10 P. M./ has: taken on the Texas State network of 23 stations, plus WICC, Bridgeport. "Famous Jury Trials," cooperative show Wednesdays from 10 to 10:30 P. M., has added WICC, where it will be sponsored by the Marlin Razor Co. The "Lone Ranger," cooperative- ly sponsored in some cities, has been placed on WOL, Washington, for the General Baking Co. "Show of the Week," cooperative musical program, has been purchased by the Davis Per- fection Bakeries over KHJ in Los Angeles. Fulton Lewis' political com- mentaries from WOL, Washington, has been ordered for broadcast over KVOD, Denver, by the United Fruit Co., and KWOS, Jefferson City, Mo., is now taking "Don't You Believe It," sponsored by the P. Lorillard Tobacco Co. RCA Nine-Month Net Profit Is $4,141,205 RCA reports a net profit of $4,141,- 205.78 for the nine months ending Sept. 30. After preferred dividends of $2,417,276.S0 this leaves $1,723,- 'J28.98, or 12 4/10 cents per share on the common. For the same period the previous year the net was $6,599,111.84, with $2,417,276.80 for preferred dividends and $4,181,835.04, or 30 1/10 cents per share, for the common. Total gross income for the nine months of this vear from all sources was $70,878,614.73. "Night of Stars" on WHN WHN will broadcast exclusively the "Night of Stars" benefit perform- ance at Madison Square Garden Nov. 16. The broadcast will begin at 9 P. M. and will be heard until 10 P. M. At 11 :15 the program will be resumed and will continue until 2 A. M. Louis K. Sidney, WHN managing director, is chairman of the producing commit- tee for the show. Scores of celebrities will participate in the affair. Bankers Will Transcribe The American Bankers Association has signed for 13 quarter-hour tran- .scribed programs which will feature Nat Shilkret's orchestra. The platters will be made available to 10,000 mem- ber banks of the association, for place- ment on local stations. Milwaukee Paper Planning Regular Television Shows Washington, Nov. 6. — The Jour- nal Co., publishing the Milwaukee Journal and operating WTMJ in that city, on Saturday filed with the Fed- eral Communications Commission an application for a license to operate a television station with a regular sched- ule of programs. WTMJ is the first station to file a television application for a regular schedule of television program trans- missions. All other television trans- mitters operate experimentally. Plans I call for two 1,000-watt ultra high ! frequency transmitters. The company will distribute at its own expense at least 50 television sets in homes and public places once operations begin. Realizing that Milwaukee cannot compete with centers like New York and Hollywood in talent, the station i will televise chiefly Milwaukee news and personalities with a view to de- I veloping the station's own newsreel. ► Radio Personals 4 RONNIE AMES, publicity and . promotion head for Rockwell- O'Keefe, is on the road with the Mills Brothers. . . . Fred Weber. Mutual's general manager, off to Cleveland to spend several days at Mutual's station in that city. . . flkv: Gross, radio editor of the Daily .VWTj,'. is mourning the loss of his mother, who passed away Friday at her home in Birmingham. Moore Paint Signs On NBC for 13 Weeks A contract for one new program, and three renewals have been closed at NBC. Benjamin Aloore Paint Co., which has used NBC facilities in previous years, has signed a 13-week contract for a new show to start Jan. 7, 1939. The Basic Red network, plus WIRE, Indianapolis, will be used. The con- tract was placed direct. R. L. Watkins Co., sponsoring "Alias Jimmy Valentine," dramatic script serial featuring Jimmy Meighan, has been renewed for 52 weeks, through Blackett - Sample - Hummert. The renewal takes effect Dec. 5. Pro- gram is heard on the Blue. Signal Oil Co., sponsoring "Signal Oil Car- nival" over a coast network of sta- tions, has renewed the program for a full year through the Logan & Steb- bins agency. "The Gospel Singer," formerly on CBS and now on NBC for Procter & Gamble, has been re- newed for 34 weeks of daily broad- casting on the Red. The Compton agency placed the contract. To Televise London Armistice Ceremony London, Nov. 6. — Armistice Day will be the subject of a special tele- vision broadcast over the B. B. C. transmitters. No commentary will be given. Televised will be the marshal- ing of the troops in Whitehall, scenes at the Cenotaph and the striking of 11 o'clock by Big Ben. Vallee Switches to Coast for Broadcast San Francisco, Nov. 6. — Rudy Vallee's Royal Desserts will originate here Nov. 17 from the Community Playhouse. Vallee and his Connecti- cut Yankees will be here as the chief entertainment feature of the annual Auto Show in the Civic Auditorium. WHN Gets 5th Ave. Bus Three contracts for as many local business houses have been placed with WHN. Fifth Ave. Coach Co. has contracted for 48 weeks of announce- ments over the station, Vendon Bros, have signed for 26 weeks for a Sun- day _ half-hour program, starting im- mediately. Erwin, Wasey BBC Agent London office of Erwin. Wasey & Co., has been appointed to handle three magazines published by the Brit- ish Broadcasting Co., Radio Times, World Radio and The Listener. The appointment becomes effective Jan. 1. Alert. Intelligent C90 ISIOT RCMOVH MOTION PICTURE DAILY First in Film ani Y~rL. 44. NO. 91 NEW YORK, TUESDAY, NOVEMBER 8, 1938 TEN CENTS fl I Nets to Drop Use of News "Flash" Style Network Heads Work Out Agreement with FCC Washington, Nov. 7.— An agree- ment under which the use of the "flash igh bulletin" news announcement tech- <4 nique will be abandoned on all but news programs was worked out here today. Conferring with Chairman Frank R. McNinch of the Federal Communications Commission were William S. Paley, CBS president ; Lenox R. Lohr, NBC president, and W. S. Macfarlane, head of Mutual. The conference to which the lead- ing network heads were invited was an outgrowth of the CBS "War of the Worlds" broadcast of Oct. 30, in which the H. G. Wells novels was dramatized with such realistic use of the news flash method that panic re- sulted in some localities. IATSE Begins Drive To Push Lab Union Organization of laboratories in the east is under way by the I. A. T. S. E. under the direction of Dick Walsh, vice-president, who is cooperating with Motion Picture Laboratory Technicians Union, Local 702. In addition to the contract recently signed with Du Art, Warners, De Luxe and Ace laboratories are work- ing under union contracts. An agree- ment on conditions is being worked out with De Luxe and Consolidated, where contract provisions have been continued following expiration of the old pacts. Para. Men Return Paramount home office ex- ecutives who have been at the studio for the past few weeks are due back in New York Friday morning. The eastbound group includes Barney Balaban, president; Stanton Griffis, chairman of the executive committee; Y. Frank Freeman, studio head; Robert Gillham, advertising director, and Russell Holman, eastern talent and story head. BVay Grosses Up; Several Holdovers Broadway grosses over the week- end rose considerably and most first runs are holding current films. "Brother Rat" is set for a three-week run at the Strand, "That Certain Age" is being held a second week at the Roxy, and "The Citadel" will con- tinue at the Capitol. "Men With Wings" finishes its sec- ond week tonight with $35,000 in- dicated and will be held for a third. "Marie Antoinette" will wind up a 14-week run at the Astor Nov. 18. It took $5,300 in the 12th week. "Pyg- malion" will go to the Astor next, but no date has been set. Excellent weekend business also warranted a second week for "The Young in Heart" at the Music Hall. "Peg of Old Drury" entered its third week at the Little Carnegie Play- house. It previously had had an ex- tended run at the Plaza. "Five of a Kind" did $5,700 at the Globe. TRADE AGREEMENT SEEN IN 2 WEEKS U. S. Pictures Reap Harvest With Czechs Prague, Nov. 7.— Out of the fog of uncertainty that has shrouded Czechoslovakia since its partition by Germany, Poland and Hungary there has come the prospect that American films will dominate this market more than ever before. Three hundred theatres went to the Germans when they took the Sudeten area, but these were houses where German films have predominated _ in the past. In the revulsion of feeling that has followed the loss of territory German films, German newsreels,_ and French and Russian films have disap- (Continued on page 2) Ontario Is Facing New Admission Tax Toronto, Nov. 7. — Ontario ex- hibitors are facing the prospect of amusement taxes being resumed. The University of Toronto, most influen- tial school in the Dominion, has sug- gested that needed financial support (Continued on page 4) British Independent Group in Bankruptcy London, Nov. 7. — Two receivers have been appointed to take over the affairs of British Independent Ex- hibitors, Ltd., collective distribution group in which a number of inde- pendent exhibitors have holdings. It was formed with the idea of ob- taining product, perhaps by sponsor- ing production, and distributing it primarily to the group's members, but also to the trade generally. Linked with it in turn have been the Rock Studios, Elstree. Radio — P. 4 Film Firms Abide by Wage Law, IATSE Heads Assert Motion picture employers covered by the Federal wage and hour law are abiding by the provisions where union labor is employed, and no complaints of any consequence have so far been received, it has been learned from I.A.T.S.E. headquarters. None of the employers have con- ferred with the I.A.T.SE. in New York following the ruling by the office of Elmer Andrews, administrator, in Washington, that they should reach an agreement with the unions. The union is standing on the in- formal ruling of the administrator's counsel that theatres are not affected. What happens from that point isn't known. With regard to other branches ■ of the industry, including exchanges and laboratories, Lou Krouse, assistant to the I.A.T.SE. president, said that union agreements do not exceed the 44-hour week and are thus within the law. Wage scales in every instance are higher than the minimum of 25 cents an hour. Where complaints arise, they will be left to the locals. Nothing arbi- trary will be done. A committee from Local 306 registered a complaint with I.A.T.S.E. officials yesterday regard- ing an exhibitor who was said to have worked operators 48 hours a week. The committee was told to attempt to work out a settlement with the ex- hibitor before filing a formal com- plaint. Negotiations Ready for Drawing Up Platform In Final Form Trade practice negotiations are progressing rapidly and final form and program may be completed within the fortnight. It is possible that an agree- ment may be obtained next week by M. P. T. O. A. and the distributors. Agreement with Allied has already been attained in principle. There is every indication that events have moved far enough along for the respective negotiating groups to begin preparation of the final platform. The distributors' negotiating com- mittee, headed by Sidney R. Kent and William F. Rodgers, will present the principles so far agreed upon in the (Continued on page 4) Shorts Producers In England Unite London, Nov. 7. — British short subject producers have formed a new association divorced from the F.B.I, and affiliated with the Sub- Standard Cinematograph Association. H. Bruce Woolf of Gaumont British Instruc- tional is chairman of the group. About seven companies are at present associated with it. The association aims to develop the position gained under the Quota Act and "correlate their problems to those of the feature film section of the in- dustry." Broadway Awaiting Big Election Jam Broadway theatres are ex- pected to benefit from Elec- tion Day crowds tonight. In- terest in the gubernatorial contest is high this year, due to the closeness of the race, and it is predicted that at least a quarter of a million people will crowd into the Times Square area in spite of radio's draw. Theatres have made ar- rangements to give election returns. Matinee business may be light. Offices are closing gener- ally at noon. This will re- lease hundreds of thousands in Manhattan. Most houses will hold mid- night shows. MOTION PICTURE DAILY Tuesday, November 8, 1938 U. S. Pictures Reap Harvest With Czechs (Continued from page 1) peared from theatres. English films never were an important factor. In recent years Czechoslovakia has imported about 350 films annually. Of these, ISO to 170 have come from the United States, with Germany second at 100 features. Importation of Ger- man pictures has stopped completely. The film treaty with Germany ex- pires Dec. 31, and notice of its pros- pective termination was sent to Ber- lin Oct. 1. Negotiations for a re- newal are expected to take place, but there is no doubt that the German total will be small in the future. Pressure is to be brought to bear to increase Czechoslovakian produc- tion with the aid of increased Govern- ment subsidies, as officials are now convinced that the country's most val- uable propaganda medium is through its films. The press is urging in- creased Government support for pro- duction. "Aktualita," the native newsreel, is developing into a strong influence. Newsreels Fox, Paramount Fox and Paramount furnish prac- tically all of the imported newsreels. Every foreign film coming into the country pays a fee of 17,000 crowns under the terms of the last American- Czechoslovakian treaty. This money goes to an import fund from which native production receives its sup- port. In addition, the Ministry of Finance supplies production credits. These credits will be stopped, it is un- derstood, and the system of subsidies from the import fund will be changed. Control of the fund rests with the Film Advisory Board (Ministry of Commerce). One of the new plans under discussion will be the organiza- tion of a Czechoslovakian Film Cham- ber. Under this arrangement, it is pro- posed that all producers shall become members^ of the chamber. Drastic action will be taken to suppress "wild cat" producers. Reduction of produc- tion costs and star salaries is pro- posed, with negotiations already under way. Germans Are in Quandary Representatives of German compa- nies are in a quandary. It is expected they will either close their offices or turn to native production. Ufa's pol- icy has been to produce some pictures here each year in the Czech language. American companies will be un- able to release any films dubbed in German hereafter, but they will not need them as the theatres which used them were transferred with the Sude- ten German territory. Best business in recent months has been done by M-G-M which released "Marie Walewska" just before the mobilization in a new, modern house called the Broadway. Twentieth Century-Fox has just re- leased "In Old Chicago" and "Jo- sette," starring Simone Simon. Para- mount has had some good pictures. Universal's "100 Men and a Girl" was a sensation. Many contracts have been closed for the next Deanna Dur- Insiders9 Outlook JAMES J. WALKER, former Mayor of New York City, opened a series of broadcasts last Sunday over WMCA, spon- sored by the Modern Industrial Bank, and from all accounts he did okay, giving a lively, human interest performance. His guests who contributed their time and talent gratis, were George Jessel, Sheila Barrett, Sid Gary, Dave Apollon, Mary Jane Walsh and the Lee Grant band. The pro- gram is called "Jimmy Walker's Visiting Hour," and, as the title suggests, he visits institutions where he provides good cheer and music for the sick. The opening broadcast was from the psychiatric pavilion at Bellevue. Next week it will be from King's County Hospital. T T Settling a case out of court and then failing to withdraw an ap- peal taken to a higher court can stir up a series of complications. Texas Consolidated Theatres found this out when it appealed a verdict given S. H. Pittman for injuries suffered by his wife. While the appeal was pending the case was settled. The Circuit Court of Appeals paid no attention to the settle- ment and affirmed the judgment. Texas took another appeal, but the judgment was affirmed in the District Court. Yesterday the U. S. Supreme Court dismissed the Texas petition for a reversal of the lower court action. T T If two-thirds of England's 45,- 000,000 population passed through the M-G-M Empire, Leicester Square, in the past 10 years, it would mean that the theatre played to 59,000 persons weekly, on the average, or about 8,400 persons daily, on a seven-day week. And that's what Sam Eck- man is supposed to have stated, according to London advices, at a luncheon commemorating the 10th anniversary of the theatre. T T Universal concluded a five- year licensing contract for the sale of its product in Italy by a resident agent last summer, prior to formation of E. N. I. C. The deal was approved in advance by the Italian Government. There is a question now whether the com- pany can be relieved of its obliga- tion in the deal when the Italian decree creating the distribution monopoly for the Government controlled agency becomes opera- tive, Dec. 31. If not, Universal may be obliged to continue in the Italian market, although senti- ment on the subject within the company appears to be no differ- ent from that in other companies which are preparing for complete withdrawal from Italy by the end of the year. Understood here that J. Chee- ver Cowdin, Universal board chairman, asked for a ruling on the contract from Marchese Paul- ucci di Calboldi, director of the Italian agency, in London last week. If a ruling was given, no word of it has been received here. T T S. Charles Einfeld, Warner advertising and publicity chief, recently arrived from the Coast, thinks that results from the pres- ent MPGY drive by the industry will be even greater and more apparent as the campaign comes to a close. Einfeld thinks it is premature to figure the fullest re- sults at this early date. bin picture and the Danielle Darrieux feature, "Girl from Paris." United Artists is doing well with a number of pictures which have been generally booked by both first and second runs. The biggest recent hit has been RKO's "Snow White and the Seven Dwarfs," now in its ninth week at the Bio Alfa. Business would have been even better if the political situation had not cut grosses generally. Czech pictures are doing extreme- ly good business. "The Girls from Kuttenberg," the film which received the gold medal at Venice, is running in 13 houses after a four-week run in the house where it opened. It is expected the new regulations will seek to force export of Czech films. Further Talks to Be Held on Copyrights Further conferences on proposed amendments to the Federal copyright laws by representatives of the film and other industries directly interested in their revision will be held Nov. 21. No definite agreement on recommenda- tions to be made to Congress for changes in the present laws were reached at the session held at the Bar Association Bldg. last Friday. A section of the local copyright conference will leave for Lima, Peru, in about two weeks to attend an inter- national copyrjght meeting there in December. The remainder of the com- mittee will continue its work here. i Purely Personal ► HM. RICHEY, former inde- • pendent exhibitor leader, took over his new post as director of ex- hibitor relations for RKO yesterday. • Laurence Olivier will arrive Thursday on the Normandie. J^2fcjs on his way to the coast to appeWin Samuel Goldwyn's "Wuthering Heights." • Fredric March, who recently fin- ished in Walter Wanger's "Trade Winds," is in New York. He in- tends to take a stage role. • Walter Futter, who has been in England for eight months, will return Thursday on the Normandie. • Everett Riskin, Columbia pro- ducer, arrived in New York yesterday from the coast. Sam Marx, Columbia west coast scenario editor, is extending his stay here. Harry Kendrick Dies Ambridge, Pa., Nov. 7. — Harry Kendrick, 46, manager of the Warner house here, died yesterday in Valley Hospital from pneumonia. He formerly was with Fox Theatres. Funeral ser- vices were held today in Philadelphia, his home. His widow survives. Meloy Dies at 75 Shelbyville, Ind., Nov. 7. — Funeral services were held here today for W. C. Meloy, 75, who opened the Strand here in 1916, and acquired the Alhambra several years ago. Meloy died Friday of a heart attack. Zukor Made Producer Hollywood, Nov. 7. — Eugene Zukor, son of Adolph Zukor, was made associate producer in the Harold Hurley unit at Paramount today. His first picture will be J. Edgar Hoover's "Federal Offense" with Lloyd Nolan and Robert Preston. Schaefer Is Ampa Guest George J. Schaefer, RKO chief ex- ecutive, will speak on the M.P.G.Y. drive at the Ampa luncheon meeting Thursday at the Astor. The entertainment program will in- clude Ann Miller of the cast of "You Can't Take It With You" and Luis Zingone, card manipulator. I No U. A. Meeting Likely Although the annual meeting of United Artists stockholders is sched- uled for tomorrow no call has gone out yet for proxies here. Indications are the meeting will be postponed to a later date. MOTION PICTURE DAILY (Registered U. S. Patent Office) MARTIN QUIGLEY, Editor-in-Chief and Publisher; SAM SHAIN, Editor; JAMES A. CRON, Advertising Manager. Published daily except Saturday, Sunday and holidays by Quigley Publishing Com- pany, Inc., Martin Quigley, president; Colvin Brown, vice-president and treasurer. Publication office: 1270 Sixth Avenue at Rockefeller Center, New York. Telephone: Circle 7-3100. Cable addresss: "Quigpubco, New York." All contents copyrighted 1938 by Quigley Publishing Company, Inc. Address all correspondence to the New York office. Other Quigley publications : Motion Picture Herald, Better Theatres, Teatro al Dia, International Motion Picture Almanac and Fame. BUREAUS: —Hollywood: Postal Union Life Building, Vine and Yucca Sts.; Boone Mancall, manager; William R. Weaver, editor. Chicago: 624 S. Michigan Ave., C. B. O'Neill, manager. London : 4 Golden Square, W. 1: cable address, Quigpubco, London; Hope Williams, manager. Entered as second class matter Sept. 23, 1938, at the post office at New York, N. Y., under the act of March 3, 1879. Subscription rates per year $6 in the Americas and $12 foreign. Single copies 10c MOTION PICTURE DAILY Hollywood Preview "Blondie" {Columbia) Hollywood, Nov. 7. — Auspiciously inaugurating Columbia's entry into the field of "family series" production, "Blondie" is high class family entertainment. Based on the widely distributed Chic Young cartoon strip which details the domestic and business adventures of "Blondie," "Dagwood" and "Baby Dumpling," the film is a sprightly concoction of wholesome human humor. It has been cleverly written for the screen by Richard Flournoy so that there is a fine balance of amusing characterizations, situations and dialogue. Frank R. Strayer's direction has endowed the story with appealing interest. It features Penny Singleton, Arthur Lake and tiny Larry Sims who seem to have stepped out of the Young drawings. The natural comic content is further amplified by the performances of Gene Lock- hart, Ann Doran, Jonathan Hale and the puppy dog Daisy. The theme has Lake (Dagwood) in trouble at home and at his office. His embarrassing difficulties are threatening to Miss Singleton (Blondie) and the future welfare of Sims (Baby Dumpling). Miss Singleton's great worry is that Lake is doing a bit of philandering with a mysterious "Elsie." Lake's worry is that he will lose his job. But when Lockhart, a business tycoon, who has been a tough nut for boss Hale's other salesmen to crack, discover that he and Lake have a mutual talent for tinkering, the stage is set not only for Lake to land a big contract, but to straighten out his domestic and financial problems. Produced by Robert Sparks as an item in all-family entertainment program schedules, it is likely that if full advantage is taken of all exploitation possibilities and support given the word of mouth advertis- ing that is almost certain to attach itself to the show, "Blondie" will assume the proportions of a popular surprise attraction. Running time, 70 minutes. "G."* G. McC. *"G" denotes general audience classification. 4 Trade Pacts Now Nearing Final Stage (Continued from page 1) negotiations to individual distribution companies 'for their final approval during the next week. Tomorrow, Ed Kuykendall, M. P. T. O. A. presi- dent, will confer with Kent and a date will be set then for the final meeting of the M. P. T. O. A. ex- ecutive committee with the distribu- tors' representatives. The meeting will be held about the middle of next week and should produce an agree- ment within a day or two. There- after, the distributors' committee will convene alone to coordinate the agree- ments with three exhibitor groups in- to a single program of self-regula- tion. The M. P. T. 0. A. program was fairly well outlined when its initial negotiating session with the distribu- tors was adjourned Oct. 21 to per- mit the exhibitor committee members to attend the organization's national convention at Oklahoma City. The final meetings with the distributors' committee are primarily for the pur- pose of ironing out details of the major proposals already agreed on in principle, such as the graded can- cellation clause, elimination of the separate score charge, outlawing the forcing of shorts, the setting up of conciliation boards and protective measures on non-theatrical and radio competition. Date to Be Agreed Upon Major differences between the M. P. T. O. A. and distributors' com- mitee remaining to be agreed on are believed to be the effective date of the final trade practice program and per- sonnel of the conciliation boards. M. P. T. O. A. leaders are insistent that the program be placed in effect as soon as it is completed. Distributors, in some instances, are said to favor a delay until the new buying season next summer. The exhibitor organi- zation also favors local designation of the personnel of conciliation boards, whereas some sentiment exists in other quarters for determination of the personnel by the negotiating com- mittees. Final conferences will be held with representatives of Allied and the re- gional exhibitor organizations which are not affiliated with either Allied or M. P. T. O. A. before the dis- tributors' committee goes into its solo huddle to evolve the unified program. In any event, all indications point to completion of the self-regulation plan before the end of the month. Meeting with the unaffiliateds may be held late this week, and with Allied next week. Roxy Theatre Pays 37l/2c Roxy Theatre, Inc., board of direc- tors yesterday declared a quarterly dividend of 37^ cents on the out- standing preferred stock, payable Dec. 1 to stockholders of record Nov. 17. To Honor Sydney Samson Buffalo, Nov. 7.— Upstate ex- hibitors will give a testimonial din- ner here Dec. 5 to Sydney Samson, 20th Century-Fox branch manager. Ontario Is Facing New Admission Tax (Continued from page 1) might be derived from a tax of one cent on every theatre ticket sold in Toronto. This was a suggestion from a new quarter in the agitation for the restoration of an amusement levy, following the action of Premier M. F. Hepburn in June, 1937, in abolishing the 10 per cent ticket tax. In recent weeks various municipali- ties and the Ontario Mayors' _ Asso- ciation have pressed for legislation which would enable them to derive additional revenue for unemployment relief. If the University of Toronto succeeds in its move, a dozen or more cities in Ontario would probably be faced with a demand for revenue through a locally collected ticket tax. Feist Estate Sues M-G-M Bessie Feist, Abraham S. Gilbert and the Fifth Avenue Bank of N. Y., as executors of the estate of Leo Feist and Edgar F. Bitner, yesterday filed suit in N. Y. Supreme Court against M-G-M for $88,500. The plaintiffs charge breach of a contract for sale of stock. Attorneys for M-G-M requested an extension of time to answer. Loew's Buys U.A. Films In accordance with custom United Artists closed a product deal yester- day for the entire Loew circuit. The deal is for two years and covers the full United Artists lineup. C. C. Moskowitz, Joe Vogel and Jean Pick- er represented the circuit and Harry L. Gold the distributor. Television Patents Taken Over by RCA Patent rights on television syn- chronization methods and apparatus invented by Harry R. Lubcke, direc- tor of television for the Don Lee Broadcasting System, have been sold tc RCA. Under the terms of the deal, however, the Don Lee system re- serves the right to make, use and sell television equipment embodying the principles of the Lubcke patents. Lafferty WBRY Manager New Haven, Nov. 7. — Perry Laf- ferty, former music director for WBRY, has been made manager of the studios. Activities of the New Haven branch of this Waterbury sta- tion will be renewed immediately after election. WELI has purchased a site in Hamden for its new transmitter prior to receiving final approval for full time. Belcher on New Series San Francisco, Nov. 7. — Jerry Belcher will inaugurate "Interesting Neighbors," a new coast-to-coast sus- tainer, from here Thursday. Belcher's program will originate in the home of a family of Russian emigres. Next week Belcher will broadcast from Portland, returning here for the two following programs, after which the series will go to Hollywood. Rogers B & B Manager James G. Rogers was elected gen- eral manager of the Benton & Bowles agency yesterday at a meeting of the board of directors. Theodore Bates and Walter O'Meara were elected to the board in another action. Tuesday, November 8, 1938 Campbell Taking "Mercury" Show; "Hotel" Scrapped "Hollywood Hotel," pioneer film program will fade from the air next month and will be replaced by "Mer- cury Theatre of the Air" for Camp- bell Soup Co. The switch will be ef- fective Dec. 9, over CBS, from 9 tO'l P. M. - : The deal for the Ford Motor Co. to take over the Mercury radio play hour fell through over the weekend, and the Campbell interests immedi- ately took the program. The deal was closed Sunday, shortly before the ■ "Mercury Theatre" went on for its last broadcast. Scrapping of "Hollywood Hotel" ends one of the first major film pro- grams to be presented in radio. Camp- bell pioneered in presenting film per- sonalities on the air, and for many seasons the show was successful, un- der a setup which had Louella Par- sons, Hearst syndicated film writer, delivering major stars of the various studios to the sponsor without cost, save for her salary. The arrangement collapsed last season when the Screen Actors' Guild ruled that its members no longer would be permitted to work in radio without remuneration, and Miss Parsons thereupon left the pro- gram. Renew "Good News" Show for 13 Weeks M-G-M's "Good News of 1939," radio program co-sponsored by the film company and General Foods Corp., has been renewed for another 13 weeks, effective at the close of the year. The renewal ends reports that the show would fade from the air at the close of the present contract term, Dec. 29. Following the return of "Good News" to the air this summer to finish out the contract run, reports that the show would be supplanted received wide credence. Since its re- turn, however, it has maintained itself high in the official program ratings. Benton & Bowles handles the program. Sees Television Films Hollywood, Nov. 7. — En- trance within the near future of television into the enter- tainment field was forecast yesterday by Stanton Griffis, chairman of Paramount's ex- ecutive committee. Dumont Laboratories, associated with Paramount in the television field, has been licensed by the F.C.C. for experimental tele- casts and will operate a transmitter at Montclair, N. J., in January, Griffis said. Griffis predicted that tele- vision will have its primary field in reporting current events and stated that pres- ent experiments indicated that broadcasts over a wide area would be prohibitively expensive and that the most economical transmission of pictures would be by means of film. Alert. Intelligent to the Picture Industry MOTION PICTURE DAILY 44. NO. 92 NEW YORK, WEDNESDAY, NOVEMBER 9, 1938 TEN CENTS ILA. Revising Its Plan for Profit Split Meeting Postponed; No Election to Be Held Annual meeting of United Artists stockholders, originally scheduled for today, has been postponed to Nov. 29. Indications are that a new formula for participation of the partner-owners in company dividends, which is now in work, will be completed in time for submission to the annual meeting. Understood the plan will overcome ob- jections advanced by Mary Pickford and Charles Chaplin to the earlier formula which limited participations of non-producing owners to $50,000 annually. Pending completion of the formula, details are not available, but it is understood that Miss Pickford already has indicated her approval and Chap- lin's may be forthcoming in a week or two. There will be no election of officers (Continued on page 7) Warners to Start Product Talks Now Warner home office executives will jump the gun by starting conferences on next season's production and sales policies this week. Hal B. Wallis, associate executive in charge of pro- duction, arrived from the studio yes- terday for these conferences. Wallis indicated the discussions would determine whether the com- pany's production budget for next sea- son would be increased and would cover the business effects of develop- ments in foreign markets. The lat- ter may have a bearing on next sea- son's production policy. Wallis will be here about 10 days and will look over current Broadway plays during his stay. Casey Robinson, Warner contract writer, accompanied him east. US Series to France To Start in January Under an agreement between Des Postes Telegraphes et Telephones, official French broadcasting system, Additional developments in radio yesterday on page 15. and NBC, a series of recorded pro- grams will be made for broadcasting in France to give listeners in that (Continued on pacie 15) Can't See 15% Cut San Francisco, Nov. 8. — Boycott of the 1939 Golden Gate International Exposi- tion by the Screen Actors' Guild is discounted by Harris Connick, managing director of the fair. Connick declared an agreement will be reached soon regarding booking of screen players for appear- ances during the exposition. Connick declared the fair would be glad to have the stars at the "right price," but that S.A.G. wants 15 per cent of the gate, which he termed "too much." With 43 in Work Production Hits High Since July Hollywood, Nov. 8. — Forty-three pictures were before the cameras this week, a high mark since July, as 11 started and 10 finished. Eighteen are being prepared, and 68 are in the cut- ting rooms. Started were : "California Caval- cade," Darmour-Columbia ; "Lady Buckaroo," Coronado-Grand Nation- al ; "Hotel Imperial," "Bulldog Drum- mond's Secret Police," Paramount ; "Beauty for the Asking," RKO ; "Federal Man Hunt," "Red River Range," Republic ; "Charlie Chan in Honolulu," "Wife, Husband and Friend," 20th Century-Fox; "Swing, Sister, Swing," "Lady Luck," Univer- sal ; "Stage Coach," Wanger. In addition, shooting were : "There's That Woman Again," Columbia ; "Ice Follies," "Stand Up and Fight," "A Christmas Carol," "The Wizard of Oz," "Katherine the Last," "Idiot's Delight," "New York Cinderella," "Honolulu," M-G-M ; "Cafe Society," "Union Pacific," "Never Say Die," "Persons in Hiding," "Desert Brace- lets," "Parents on Probation," Para- mount ; "Fishermen's Wharf," Princi- (Continued on page 2) Council of CEA to Talk Duals Problem London, Nov. 8. — General council of the Cinematograph Exhibitors' As- sociation tomorrow will discuss again the problem of double billing impor- tant pictures, and plans to consider the proposal that features be graded as a solution. The council also will take up the offer of the Kinematograph Renters' Society for a joint discussion of the practice of showing films in bars, op- nosed by the C.E.A. as unfair com- petition. AVIATION CYCLE SWEEPS STUDIOS Reopenings in Metropolitan District Jump Theatre reopenings have taken a spurt in the metropolitan area. Eight houses were relighted within the last week. These are : Warburton, Yonkers, which formerly housed WPA plays, now being operated by Consolidated Exhibitors, Inc. ; St. Mark's, 133 Second Ave., renamed the Polish by Warsaw Amusement Corp., new operator ; Newkirk, 1604 Newkirk Ave., Brooklyn, taken over by the Cinema Amusement Corp., Murray Ginsberg, president ; Europe, formerly the Tobis, 1499 First Ave., operated by Renster, Inc., on a foreign film pol- icy ; Eagle, 431 Central Ave., Brook- lyn, reopened by new owner, Reid Amusement Corp., H. H. Danowitz, principal ; Williston, Mineola, former- ly a Cocalis house, reopened by Pin- nacle Amusements Corp., Herman Pekelner, president, and the Empire, Rahway, reopened by Cocalis. The American and Cameo, New- ark, have been taken over by Howard Eskin, who is interested in theatres in Connecticut and Massachusetts. He (Continued on page 7) Rain Nor Election Slows BVay Gross Despite intermittent rain which started early in the afternoon, holiday crowds thronged Broadway and filled first run houses to capacity. School children and their parents made the early shows and helped swell matinee grosses. Chief recipient of the early trade was "That Certain Age," which filled the Roxy at 10:30 A.M. An hour later seats were available only after a 90-minute wait. "Brother Rat" at the Strand also filled the house early and a 30-minute wait for seats began before noon and Continued throughout most of the day. All houses, except the Music Hall and the Astor, featured election re- turns. Announcements, however, were kept to a minimum to prevent inter- ference with the show. A special pre- view of "Artists and Models Abroad" (Continued on page 7) Some Preceded Corrigan, Hughes; Others Have Followed in Wake Hollywood, Nov. 8. — An aviation cycle is moving around Hollywood re- leased or in work. Although several films were started before the startling "wrong-way" flight of Douglas Cor- rigan, and the globe-girdling jaunt of Howard Hughes, those flights prob- ably provided some impetus to the de- velopment of the cycle. Leader in this panorama of air films is Paramount's "Men with Wings," a camera cavalcade of American aviation from the birth of flying with the Wright Brothers at Kitty Hawk. RKO's feature starring Corrigan, originally known as "Born to Fly" and now tentatively titled "The Fly- ing Irishman," has been started with Robert Armstrong and Paul Kelly in support. Two other air films are planned by RKO, "Men Against the Sky" and "Five Who Came Back." The second will deal with the plight of eight men whose plane crashes in a jungle. Both will be pro- duced by Robert Sisk. Warners have four air films — all (Continued on page 7) Four in U.A. Seek To Get Out of Suit Petitions have been filed with the Department of Justice in Washington for dismissal of Dr. A. H. Giannini, Mary Pickford, Douglas Fairbanks and Charles Chaplin as defendants in the Government anti-trust suit against the industry. The petitions, on which court action is not necessary, request that the four be eliminated from the action on the grounds that they were either inactive in United Artists at the time the al- leged offenses occurred or, as in the (Continued on page 7) Armistice Scales Up Most home offices plan to close at 1 P. M. Friday for a half holiday, Armistice Day. First run houses on Broad- way will use the holiday ad- mission scale. No extra shows are planned except at the Roxy where one complete show will be added. MOTION PICTURE DAILY Wednesday, November 9, 1938 i Purely Personal ► SS. HOREN, managing director . for 20th Century-Fox at Buenos Aires, has prepared a reception for Tyrone Power when he gets there on his current trip. • Charles E. McCarthy, 20th Cen- tury-Fox advertising and publicity head, leaves on his vacation tomorrow and will spend it cruising the Carib- bean. • Herman Wobber, 20th Century- Fox distribution chief, is scheduled to leave the coast tomorrow for New York. • Scott R. Dunlap, Monogram pro- duction head, left for the coast yes- terday after home office conferences. • Will H. Hays returns to New York today from his Sullivan, Ind., home. • Ed Kuykendall, M. P. T. O. A. president, arrived in New York yes- terday from Columbus, Miss., his home. • Marion Nixon arrived in New York from Hollywood yesterday by train. • William Seiter is in New York from Hollywood for a brief vaca- tion. British Film Heads Honor J. C. Graham London, Nov. 8. — British film men today gave a luncheon to J. C. Graham, until recently managing di- rector for Paramount, in the usual manner. Renters and exhibitors were represented. D. E. Griffith, president of K.R.S., described Graham as the originator of the quality clause in the new film legislation. Because of this the K.R.S. has made him the first and only permanent member of its council. John Maxwell, Richard Norton and others spoke. Sam Eckman presented a silver salver in behalf of the K.R.S. and C.E.A. THE MERCURY OVERNIGHT TO LOS ANGELES Fly the Southern SUNSHINE route over- night to Los Angeles. Through service. No change of planes. Giant SKYSLEEPERS. Complimentary meals served by stewardesses. Mercury Southerner Lv. 5:10 p. m; Lv. 9:00 p. m. (only 3 stops) (only 5 stops) FOR RESERViTIONS: Call Your Travel Agent AMERICAN AIRLINES Insiders' Outlook WHETHER or not the current television bally- hoo is largely promotion- al remains to be determined. It is a matter of wonderment whether there is not too much tel- evision talk, privately and pub- licly, on the air and in the press. Certainly, much of the present prominence being given to this embryonic industry is subject to examination. Close inspection is desirable be- fore the many prophecies which are being made are accepted and acted upon. Filmdom primar- ily must make good pictures which will pay off at the box- office. But the amusement world may be on the verge of a new era comparable to the period of the advent of sound. T And so it behooves the film in- dustry to scan carefully the pros- pects of television and to follow its development by keen and penetrating study, if the indus- try is to be ready to meet the possible effects of the new field, when that shall have become an assured commercial and amuse- ment enterprise for the theatre or for the home. There have been two sides to television until now — scientific and commercial. The third angle is coming up rapidly. It is the financing side, whether native or foreign. That's the risky end. Science knows a lot about tele- vision, but is still experimenting. The commercial possibilities of television are not well known. As in the sound era, there is an unnatural growth of new firms springing up in television. It is certain that some of these will be found lacking in proper back- ground and experience to fulfill their promises, their prospective plans or their hopes. The overlords in the embryo television are those who are leaders in the fields of radio and communications. These are A. T. & T., the two leading net- works, CBS and NBC, additional to RCA, parent company of NBC and leader in the field of wireless communication. T RCA may be looking forward to the possible development of a television chain of transmitters which might be operated in a manner similar to the present operation of its NBC radio chain. A. T. & T. has developed the coaxial cable, or wired televi- sion, and of course is interested in promoting the use of this cable for television. Distance appears still to be an obstacle in television's path. The expense of transmitting television is another bogey. Addi- tionally, the patent situation in television probably requires clari- fication. It may be an open field and then, patent-wise, it may be a closed field. And nobody men- tions the foreign side. S. S. Legion Approves 10 of 11 New Pictures National Legion of Decency has approved 10 of 11 new pictures for the current week, four for general patronage and six for adults, and has classified one as objectionable in part. The new films and their classification follow. Class A-l, Unobjectionable for General Patronage — "Hard to Get," "Just Around the Corner," "Prairie Justice," "The Young in Heart." Class A-2, Unobjectionable for Adults — "The Great Waltz," "Irish and Proud of It," "I Stand Accused," "Tarnished Angel," "Thanks for the Memory," "Under the Big Top." Class B, Objectionable in Part — "This'll Make You Whistle." World Sets Releases World Pictures Corp. has complet- ed its release schedule of foreign films for the season. The next release will be "Marseillaise," to be followed by "Hatred," "Witch Night," "Street Without a Name," "Unsolved Crime," "Ninety Degrees South," "Annie Laurie," "Valse Brillante," "The Children's Corner," "Andante and Rondo," "Ave Maria" and "Mala- guena." * Fly United' s DeLuxe * MAINUNERS TO CHICAGO! Fabian Adds in Pt. Jervis With the acquisition of the Royal, Port Jervis, the Fabian circuit has taken over the three theatres in the town. The others are the Ritz and the Strand, which were acquired earlier. Re-Signs William Powell Hollywood, Nov. 8. — William Pow- ell has signed a new term contract with M-G-M and will start work in a new "Thin Man" picture soon. He has been absent from the screen for some time because of illness. 8 fast flights daily — all over shortest route! ★ To CHICAGO — 4 hrs., 55 min. ! Mainliners are tops in luxury and comfort! Only United flies -the famous deluxe Skylounge Mainliners on non-stop flights — leave 12:15 p.m. - or 5:20 p.m. Low round-trip rates! Reservations: 58 E. 42nd St., MIL 2-7300. Or travel bureaus, hotels. UNITED AIR LINES * The Main Line Airway * With 43 in Work Production Hits High Since July (Continued from page 1) pal-RKO; "The Pure in Mind," "Love Affair," "The Great Man Votes," "Pacific Liner," "The Cas- tles," RKO ; "Tail Spin," "The Lit- tle Princess," "The Three Musketef^" 20th Century-Fox; "Little To^S Guys in Society," "Pirates of the Skies," Universal ; "Dark Victory," "Oklahoma Kid," "Yes, My Darling Daughter," "Always Leave Them Laughing," "Adventures of Jane Ar- den," "Nancy Drew, Reporter," Warners. Finished were : "Wreckage," Dar- mour-Columbia ; "The Long Shot," Fine Arts ; "The Last Barrier," Coronado ; "Little Tenderfoot," "I Am a Criminal," Monogram ; "Orphans of the Streets," Republic ; "Thanks for Everything," 20th Century-Fox ; "Scouts to the Rescue," "The Dead Don't Care," "The Singing Sheriff," Universal. Three short subjects are shooting: one each at Columbia, M-G-M and Warners. Nine are being edited. Shift Evergreen Manager Spokane, Nov. 8. — Evergreen per- sonnel changes here include : Al Baker, from manager of the Fox to city manager at Bellingham, Wash. ; Oscar Nyberg, from manager of the State to the Fox; Ernie Rose, Lib- erty to State management, and Willard Seale, from assistant at the Orpheum to manager of the Liberty. Shafer Joins G. N. Cincinnati, Nov. 8. — Nick Shafer, 20th Century-Fox salesman, now is manager of Grand National, succeed- ing Ralph Kinsler, who has been pro- moted to division manager. Reel House Opens Dec. 2 Latest house of Newsreel Theatres, Inc., is set to open Dec. 2 in the As- sociated Press Bldg., Rockefeller Cen- ter, in the same block as the Music Hall. MOTION PICTURE DAILY (Registered U. S. Patent Office) MARTIN QUIGLEY, Editor-in-Chief and Publisher; SAM SHAIN, Editor; JAMES A. CRON, Advertising Manager. Published daily except Saturday, Sunday and holidays by Quigley Publishing Com- pany, Inc., Martin Quigley, president; Colvin Brown, vice-president and treasurer. Publication office: 1270 Sixth Avenue at Rockefeller Center, New York. Telephone: Circle 7-3100. Cable addresss: "Quigpubco, New York." All contents copyrighted 1938 by Quigley Publishing Company, Inc. Address all correspondence to the New York office. Other Quigley publications: Motion Picture Herald, Better Theatres, Teatro al Dia, International Motion Picture Almanac and Fame. BUREAUS : — Hollywood: Postal Union Life Building, Vine and Yucca Sts.; Boone Mancall, manager; William R. Weaver, editor. Chicago: 624 S. Michigan Ave., C. B. O'Neill, manager. London: 4 Golden Square, W. 1: cable address, Quigpubco, London; Hope Williams, manager. Entered as second class matter Sept. 23, 1938, at the post office at New York, N. Y., under the act of March 3, 1879. Subscription rates per year $6 in the Americas and $12 foreign. Single copies 10c. © Copyrighted, Fairchild Aerial Surveys, Inc., N Y. WASHINGTON, D.C, Nov. 8 (TCF)- Shirley Temple's picture, "Just Around the Corner" playing the Capitol Thea- tre here, is showing surprising daily pick-up after smash opening and in- vigorating downtown trade generally. The unusually large number of enthu- siastic adults in the audience is attrib- uted to the timeliness of the story. THE KEYSTONE OF YOUR FUTURE REVIEWS — from Washington "Highest sum total of entertainment Shirley has rated in months!" — Wash. Times "Shirley Temple takes over the Capitol ! Full of charm and sparkle!" — Wash. Daily News "Shirley's best in many moons!" —Wash. Herald "The most substantial entertainment Shirley has had to date!" —Wash. Post —and Elsewhere "Timely. . . Sure-fire entertainment! " — LA. Examiner "Shirley will inject another hypo into box- offices with this!" —Boxoffice "One of the best comedy vehicles yet handed Shirley Temple!" —Daily Variety "As near to perfect boxoffice as any showman can expect to lay eyes upon!" — M. P. Herald METRO-GOLDWYN \lJ?E YOUR BEST MAYER PICTURES ENTERTAINMENT I CAPITOL BROADWAY & Slst STREET 2nd Big Week M-G-M presents M-G-M presents MM starring NORMA " SHEARER TYRONE POWER 11th WEEK ASTOR B'WAY & 45th St. WALLACE BEERY MICKEY ROONEY $TM£MAm\ Thurs.— "The CITADEL" RADIO CITY MUSIC HALL YOUNG DR. KILDARE wifh LEW AYRES LIONEL BARRYMORE First in another heart-warming M-G-AA series! Loew's STATE M-G-M presents CLARK GABLE MYRNA LOY in TOO HOT TO HANDLE LOEW'S PARADISE VALENCIA LEXINGTON ZIEGFELD 72nd ST. 83rd ST. 175th ST. AS LEO TAKES OVER BROADW CRITERION M-G-M presents VACATIONjU/lOK with Dennis O'Keefe, Florence Rice Coming "JflSTOWN Ldwsth4es (Above: Advertisement from N.Y. newspapers) M-G-M SWEEPING AMERICA! IT'S fun to be on a winner !" THAT'S what thousands of M-G-M showmen are gleefully shouting! A FEW late-comers are losing no more time. They're (continued above) continued ) climbing on the band-wagon because this M-G-M Parade I of Hits is something never before witnessed in film history! ^l-G-M set its ambitious and expensive production plans months ago. f AND now, week after week, your play-date is an "A"-date. WHEN you examine that piece from Hollywood Reporter, remember that all those BIG pictures are coming to you WHILE AMERICA IS EXPERIENCING GROWING BOOM TIMES WITH A MONEY-SPENDING PUBLIC HUNGRY FOR ENTERTAINMENT! (As we leap to press: Just previewed another honey of a hit, "SPRING MADNESS". It's the "Flaming Youth" of 1Q38. Sure-fire box-office!) KEEP stepping with Leo, gents! HE has earned your enthusiastic co-operation in getting the maximum results with his great entertainments: proper booking, high-powered showmanship, extra playing time. AND "The Friendly Company'' thanks you for your co-operation! M-G-M LANDSLIDE! READ THIS! (from Hollywood Reporter) IN THE recent production history of Metro-Coldwyn-Mayer, they never have been in such an advantageous spot as they are at present MCM actually has 12 pictures finished and awaiting release — a schedule that takes them through every week, with a release, until the last day of- this year A condition new to MCM and one that certainly will place them in a position of doing even greater pic- tures than they have in the past, because of a breathing space, in their rush to meet release dates. • Metro has waiting "Young Dr Kildare," "Listen Darling," "Cita- del," "The Hardys Out West," "The Shining Hour," "Flirtation with Fate," "Dramatic School," "Katharine the Last," "Christmas Carol" and "Sweet- hearts." And it has, in various forms of shooting, "New York Cinderella" with Tracy and Lamarr; "Honolulu" with Eleanor Powell, Bob Young and Burns and Allen; "Stand Up and Fight" with Bob Taylor and Wallie Beery; "Idiot's Delight," with Shearer and Cable; and "Ice Follies" with Crawford and (immie Stewart • Consequently, with the releases far ahead, with opportunities to see pictures much in advance of release to scheme better advertising, publicity and exploitation, AND MOST IM- PORTANT, to give the producers a "breather," Metro should jump far ahead of itself in making the enter- * tainment that won for it the reputa- tion of "the Tiffany of production " • Metro's big effort comes at a time when the industry needs it most, because nothing means anything other than good pictures, and good pictures will kill off all the obstacles MCM, and every other production organiza- tion and the entire picture industry, has been burdened with for months. MOTION PICTURE DAILY Wednesday, November 9, 1938 "Brother Rat" In Fast Start On the Coast Los Angeles, Nov. 8. — "Brother Rat," on a bill with "Broadway Musketeers," started off with a bang at Warners' Downtown and Holly- wood. At the former it rolled up $17,800 and at the latter the take was $17,200. "Suez" turned in an outstanding $14,704 at the Chinese and an equally strong $17,294 at Loew's State. Estimated takings for the week end- ing Nov. 2 : "Suez" (20th-Fox) CHINESE— (2,500) (30c-75c) 7 days. Gross: $14,704. (Average, $12,500) "Drums" (U. A.) 4 STAR— (900) (40c-55c) 7 days, 4th week. Gross: $3,669. (Average, $3,250) "You Can't Take It With You" (Col.) HILLSTREET— (2.700) (30c-65c) 5 days, 5th week. Gross: $9,000. (Average, $6,500) "Suez" (ZCth-Fox) LOEW'S STATE — (2,500) (30c-75c) 7 days. Gross: $17,294. (Average, $14,000) "You Can't Take It With You" (Col.) PANTAGES— (3.000) (30c-65c) 7 days, 5th week. Gross: $8,200. (Average, $7,000) "The Arkansas Traveler" (Para.) PARAMOUNT— (3,595) (30c-65c) 5 days, 2nd week. Stage: F. & M. revue, Rube Wolf and his orchestra. Gross: $9,000. (Average, $18,000) "Brother Rat" (F. N.) "Broadway Musketeers" (F. N.) WARNER BROS. (HOLLYWOOD)-(3,- 000) (30c-65c) 7 days. Gross: $17,200. (Av- erage. $14,000) "Brother Rat" (F. N.) "Broadway Musketeers" (F. N.) WARNER BROS. (DOWNTOWN)— (3,- 400) (30c-65c) 7 days. Gross: $17,800. (Av- erage, $12,000) Out Hollywood Way Hollywood, Nov. 8. — Ellen Drew, who took Mary Carlisle's place in "If I Were King," when the latter was stricken with appendicitis, is her- self confined to the Queen of Angels Hospital, following an emergency ap- pendix operation . . . Warners has almost 70 writers working on scripts, a two-year record . . . Claude Rains will be co-starred with Boris Karloff in "The Return of Dr. X," at Warners. Republic has placed Bob Livings- ton and June Travis in the leads of "Federal Man Hunt," to be directed by Nick Grinde . . . Sen Yew Chung, 23-year-old San Francisco born Chinese, has been signed for the role of "Lee Chan" in 20th Century- Fox's resumption of the "Charlie Chan" pictures . . . Frances Brice, young daughter of Fannie Brice, is acting as her mother's standin in "New York Cinderella" at M-G-M . . . Frank MacFadden, Universal ex- ploitation man, has gone to Chicago and Detroit to arrange for tieups . . . "Slicker," the seal which carried comedy honors in Paramount's "Spawn of the North," has been signed for P r i n c i p a 1-RKO's "Fisherman's Wharf." + Casting — Virginia Weidler in "A Christmas Carol," M-G-M . . . Charles Middleton in "Juarez," Warners . . . Reginald Owen in "Hotel Imperial," Paramount . . . Mary Astor in "Midnight," Para- HAVE BREAKFAST TOMORROW IN LOS ANGELES-FLY TWA! Board TWA's Sky Chief at 5:30 tonight... You'll be on the West Coast before 8 A. M! FARE ONLY « $14Q?5 PHONE MUrray Hill 6-1640 Transcontinental & Western Air, Inc. 70 East 42nd Street. Or call any ho- tel,travel bureau, or telegraph office. 10SE no business hours — no i sleep— going clear to Cal- ifornia! Latest departure, with early morning west coast ar- rival. Only 3 stops en route— 1 after midnight — on the SKY CHIEF. Only TWA Skysleep- ers have separate club lounge and sleeping compartments. To Chicago, TWA has the latest afternoon non-stop de- parture—fare $44 .95. Excellent connections to Twin Cities, the Northwest, and Mexico. mount . . . Larry Williams, the "stooge" in "Brother Rat," assigned to "Nancy Drew, Reporter," War- ners . . . Laraine Johnson draws the feminine lead in George O'Brien's "Arizona Legion," RKO . . . Yvonne Duval in "Union Pacific," DeMille- Paramount. Mary Kornman draws her first lead in Monogram's "I Am a Crim- inal," opposite John Carroll. Craig Reynolds also has been signed . . . Josephine Hutchinson in Univer- sal's "Son of Frankenstein" . . . Claire James in "New York Cin- derella," M-G-M . . . Lionel Stander in "Ice Follies," M-G-M . . . Regis Toomey in "Plane 66," and Edward Brophy in "Lady Luck," Universal . . . Ben Weldon and Jerry Tucker in "Federal Man Hunt," Republic. + Title Changes — U n i v e r s a 1 has changed the title of "West Side Miracle" to "Secrets of a Nurse," and "The Dead Don't Care" to "The Last Warning." + Writers — Ben Markson is work- ing on the screenplay of "Pride of the Navy," and Charles Powell on the script of the next Gene Autry pic- ture at Republic. "Stablemates" Dual $10,000, Milwaukee Milwaukee, Nov. 8. — "Stable- mates" and "Blockheads" topped the week's grosses with $10,000 at Fox's Wisconsin. Others clearing par were "The Sisters" and "Annabel Takes a Tour" at the Warner, good for $6,500; "Men With Wings," which collected $6,000 at Fox's Palace and "Flight to Fame" and Red Skelton on the stage which grossed $6,300 at the River- side. Estimated takings for the week end- ing Nov. 2-3 : "Frankenstein" (Univ.) "Dracula" (Univ.) ALHAMBRA — (2.660) (30c-40c) 7 days. Gross: $5,000. "The Sisters" (W. B.) "Annabel Takes a Tour" (RKO) WARNER — (2.400) (35c-50c) 7 days. Gross: $6,500. (Average. $5,000) "Men With Wings" (Para.) PALACE— (2.400) (35c-50c) 7 days. Gross: $6,000. (Average. $5,000) "Flight to Fame" (Col.) RIVERSIDE — (2.300) (25c-30c) 7 days. Stage: Red Skelton. Gross: $6,300. (Aver- age, $5,000) "The Walking Dead" (W. B.) "White Zombie" (U. A.) STRAND— (1.400) (35c-50c) 7 days, 2nd week. Gross: $4,000. (Average, $4,500) "Stablemates" (M-G-M) "Blockheads" (M-G-M) WISCONSIN — (3,200) (35c-50c) 7 days. Gross: $10,000. (Average. $8,000) Form Four Film Firms Albany, Nov. 8. — New film com- panies chartered here are : State Pro- ductions, Inc., by Alexander Cheifetz, Harry Minsky and Edward T. Roeh- ner ; Moselle Amusement Co., Inc., by Florence Greenberg, Leslie Mosko- witz and Abraham Wachs ; Ebony Productions, Inc., by Herman I. Melt- zer, Ann Kira and Ruth Hirsch ; Spot Film Productions, Inc., by George D. Spear, William James and Sherman F_ire. Place, Show" Hit at Denver With $13,000 Denver, Nov. 8.— "Straight, Place and Show," with Gypsy Rose Lrt heading a stage show, turned in o<0 of the biggest grosses of the year at the Denver, $13,000. "Stablemates" and "Mr. Doodle Goes to Town" also were in the money. The combination pulled $6,000 in three days at the Orpheum, where normal for seven days is $7,500. "You Can't Take It With You" was strong with $4,500 at the Aladdin after having previously played a week at the Denver. Estimated takings for the week end- ing Nov. 2 : "You Can't Take It With You" (CoL) ALADDIN— (1,400) (25c-40c) 7 days, after a week at the Denver. Gross: $4,500. (Average, $3,500) "Too Hot to Handle" (M-G-M) "Blockheads" (M-G-M) BROADWAY— (1,100) (25c-35c-40c) 7 days, after a week at the Orpheum and 4 days here. Gross: $3,000. (Average, $2,500) "King of Alcatraz" (Para.) DENHAM — (1,750) (25c-35c-40c) 7 days, and Ben Blue stage show. Gross: $7,000. (Average, $5,500) "Straight, Place and Show" (2(>th-Fox) DENVER— (2,525) (25c-35c-50c) 7 days, and Gypsy Lee stage show. Gross: $13.- 000. (Average. $8,500) "Room Service" (RKO) "A Man to Remember" (RKO) ORPHEUM— (2,600) (25c-35c-40c) 4 days to finish a week. Gross: $3,200. "Stablemates" (M-G-M) "Mr. Doodle Kicks Off" (RKO) ORPHEUM— (2.600) (25c-35c-40c) 3 days. Gross: $6,000. (Average for week, $7,509) "Four's A Crowd" (W. B.) "Girls On Probation" (F.N.) PARAMOUNT— (2,200) (25c-40c) 7 days. Gross: $4,000. (Average, $3,500) "Drums" (U. A.) "Juvenile Court" (Col.) RIALTO — (878) (25c-40c) 7 days. "Drums" after a week at the Paramount. Gross- $2,000. (Average. $1,750) "Take It" $13,000 Leads in Montreal Montreal, Nov. 8. — "You Can't Take It With You" was the box- office leader, with $13,000 at the Palace. "Three Loves Has Nancy" and a second feature had above-par business at the Princess with a gross of $7,500. Second week of "Drums" grossed $7,- 500 at the Capitol. The weather con- tinued mild. Estimated takings for the week end- ing Nov. 5 : "Drums" (U.A.) CAPITOL— (2,547) (25c-40c-55c-65c) 7 days. 2 weeks. Gross: $7,500. (Average, $9,500) "Mysterious Mr. Moto" (20th-Fox) LOEW'S — (2,800) (25c-40c-50c) 7 days. Stage: Eight vaudeville acts. Gross: $8,000. (Average, $8,000) "Hold That Co-Ed" (20th-Fox) "Gangs of New York" (Republic) ORPHEUM — (919) (25c-3Sc-50c) 7 days. Gross: $3,500. (Average. S5.000) "You Can't Take It With You" (Col.) PALACE— (2,600) (25c-40c-55c-65c) 7 days. Gross: $13,000. (Average. $11,000) "Three Loves Has Nancy" (M-G-M) "Wives Under Suspicion" (Univ.) PRINCESS — (2,272) (25c-35c-50c-65c) 7 days. Gross: $7,500. (Average. $7,000) To Build in Virginia Bluefield, W. Va., Nov. 8. — Two theatres are to be erected by the Star Amusement Co., one at Pearsburg, Va.. and the other at Narrows, Ya. Each will seat about 700. Wednesday, November 9, 1938 MOTION PICTURE DAILY 7 New Cycle on Aviation Hits All Hollywood (Continued from page 1) finished. The remake of "The Dawn E^Wol," starring Errol Flynn and fe&curing Basil Rathbone and David Niven, will be released Armistice Day. Set for Dec. 17 release is "Secret ■Service of the Air," first of a series of Secret Service stories featuring Ronald Reagan. "Wings of the Navy," featuring George Brent, Olivia de Havilland and John Payne, will be issued some time in January. Kay Francis' final picture for the studio, "Women in the Wind," fea- turing William Gargan and Maxie Rosenbloom, deals with an aviatrix's life. Monogram will have a series of air pictures based on Hal Forrest's news- paper cartoon strip, "Tailspin Tommy." John Trent, former trans- port pilot turned actor, will have the title role. The first will be "Midnight Patrol" and will start shooting Nov. 15 with Paul Malvern producing. There will be four in the series. Now in production at Universal is "Plane 66," with Kent Taylor and Ro- chelle Hudson. The story deals with "sky police." Twentieth Century-Fox has a high budget production, "Tail Spin," in work now, with its top players Alice Faye, Nancy Kelly and Constance Bennett. Howard Hawks to Make One Howard Hawks, who directed "Ceil- ing Zero," one of the first pictures of commercial air travel, produced by Warners in 1935, has been signed by Columbia to produce and direct "Plane No. 4," now being written by William Rankin, Eleanore Griffin and Jules turthman. Republic joins the cycle with the signing of Roscoe Turner, veteran pilot, who established several flight records, for a featured role in "Flight at Midnight." John H. Auer will produce and direct. Sol Lesser's Principal Pictures plans "Wings of Tomorrow," whose exploitation possibilities will be aimed at the Junior Birdmen and other or- ganizations of model airplane enthus- iasts. Starred will be Tommy Kelly. Grand National will have two air pictures, one to be produced under supervision of Jack Skirball and the other to be produced by Fine Arts Pictures. The first, "Marine Flight," will deal with an inventor of a robot which automatically pilots airplanes. The other, "Never Mind the Guard," will be a story of an aviatrix-explorer. Open N. O. Regent Friday New Orleans, Nov. 8. — The Re- gent will use Armistice Day ballyhoo for its formal opening Nov. 1 1 The theatre will open at 11 :01 a.m. and the opening picture will be "Army Girl." The house is owned by Ira and M. A. Weingrum, operators of the Laurel. Retitle "Cinderella" Hollywood, Nov. 8. — "I Take This Woman" will be the final title of M-G-M's "A New York Cinderella," an original by Charles MacArthur starring Spencer Tracy. Musical to Open "Leave It to Me!" a musi- cal version of "Clear All Wires," by Bella and Samuel Spewack, opens tonight at the Imperial. Vinton Freedley and Lee Shubert are the pro- ducers, with songs by Cole Porter. "Clear All Wires" ran for 93 performances in 1932. M-G-M made a picture of it in 1933. The cast includes William Gaxton, Victor Moore, Sophie Tucker, Tamara, Mary Mar- tin and others. "Where Do We Go From Here?" scheduled to open to- morrow at the Vanderbilt, has been put off again, this time to Nov. 15. U.A. Revising Its Plan for Profit Split (.Continued from page 1) at the annual meeting. The posts of president and chairman of the board of United Artists will not be filled. Maurice Silverstone, chief executive of the company, in his present capacity, has the fullest executive and adminis- trative authority usually vested in a company head. No additional title could increase or alter this authority. United Artists owners regard the present operating arrangement as thoroughly satisfactory. A meeting of the United Artists board of directors is scheduled for next Monday. Douglas Fairbanks, originally scheduled to arrive this week, is expected at the end of next week. He will remain here for the annual stockholders' meeting. Miss Pickford may be the only other United Artists owner to attend the meeting. Others will be represented by proxies. Select MacDonald Title Hollywood, Nov. 8. — "Today Is Tomorrow" is the temporary title of M-G-M's Jeanette MacDonald star- ring picture. Openings Through Metropolitan Area Showing Increase (Continued from page 1) formerly operated the Newark houses. The new operating company is Ancan, Inc. The Capitol, Paterson, has been taken over by the Capitol Amusement Co., headed by Albert Spitz, formerly of the Harry Hecht circuit. The New Broadway, Woodcliffe, N. J., has been reopened by Jack Linder and Max Suderow as a legiti- mate playhouse. Present policy of the Strand, 404 South Orange Ave., Newark, is in- termittent operation as a foreign film house. The Folly, 1,750-seat house in Brooklyn, recently acquired by Aaron Binkov, is being refurnished for early reopening. Rain Nor Election Slows B'way Gross (Continued from page 1) • was included at the Paramount for the evening show together with "Men With Wings." Receipts at the Roxy were estimat- ed at $10,500 for the day, with Para- mount's gross at $8,000. First four days of "Brother Rat" brought an esti- mated $29,000. "A Man to Remem- ber" at the Rivoli is dragging down a slow gross. The first three days are estimated not to have gone above $2,000. "Arkansas Traveler" will go to the Paramount next Wednesday when "Men With Wings" completes its third week. "Vacation from Love" and "Titans of the Deep" will follow "Girls' School" at the Criterion tomorrow. Build in North Carolina Concord, N. C, Nov. 8.— North Carolina Theatres, Inc., is building a theatre here, to seat more than 1,000. It will be ready next spring. The cir- cuit also plans another in Charlotte, which is expected to cost between $50,000 and $75,000. J. L. & S. Will Open Oriental Again Nov. 18 By BILL CROUCH Chicago, Nov. 8. — Jones, Linick & Schaefer expect to reopen the Oriental Nov. 18. Closed for the past six months, the 3,500-seat Oriental will start out under the new management with a stage show and first run pic- ture policy. Freddie Bartholomew will head the opening show. The film will be M-G-M's "Vacation From Love." Fritz Blocki is on publicity. Jack Hunt will be manager. T Negotiations on the exhibitor-op- erator contract will be delayed for at least 10 days. John Smith, business manager for the union, is out of the city and the deal will be held up until his return. ▼ M-G-M is holding a trade preview of "Great Waltz" at the Esquire, Thursday morning. T Leo Blank, Warner district man- ager, who has been on a leave of ab- sence for some months, is back from California. After a series of treat- ments at Rochester, Minn., at the Mayo Clinic he expects to return to work. T William Pereira is back from Hol- lywood where he arranged for a papier-mache replica of "Ferdinand the Bull," for the Architects' ball Dec. 2 at the Drake Hotel. Four in U.A. Seek To Get Out of Suit (Continued from page 1) case of Dr. Giannini, no longer have an official connection with the com- pany. The petitions were filed by O'Brien, Driscoll & Raftery, United Artists counsel. Hearing before Federal Judge Will- iam Bondy on application of film com- panies for bills of particulars from the Department of Justice and on motions to strike out parts of the Govern- ment's complaint is scheduled for to- morrow in U. S. District court here. Ohio Censors Bar 8 Reels Cincinnati, Nov. 8. — Eight reels were rejected by the Ohio censors for the week ending Nov. 4, during which 134 reels were reviewed and six elim- inations ordered. This is the first thumbs down in several months. Faith Takes Conn. House Terryville, Conn., Nov. 8. — Joseph W. Faith, who operates the Mayfair here, has leased the Stock House, Unionville, and will operate the thea- tre after remodeling. Faith is also negotiating for a site in Collinsville. Open Washington Houses Spokane, Nov. 8. — Two new thea- tres in this territory are the Colum- bian at Grand Coulee at the site of the dam project and the Dishman at Dishman, Wash., Spokane suburb. Farmer Steffes Reports Minneapolis, Nov. 8. — W. A. Steffes, president of Northwest Allied, points to his record as operator of a 24-acre farm near Aitken, Minn., where he also has his summer home on a lake. Steffes isn't broke yet. The record for one year follows: 1. Planted four bushels of potatoes. Crop, four bushels. Books balanced. 2. Last spring he had 70 chickens. Daily production 20 eggs. At present he has 300 chickens. Daily production 20 eggs. 3. Raised 19 pigs. Sold 15 for $96. Bought $150 feed to keep remaining four pigs over the winter. 4. Raised 60 turkeys until all ready for the Thanksgiving kill. Then they all got the blackhead and died. 5. Started spring with four geese. Now has four geese. No hits, no runs, no errors. 6. Bought three guinea hens expecting great increase. Nothing happened. Was recently informed that all the "hens" are males. 7. Started spring with six ducks. One wild mallard joined flock. Profit 16% per cent. N. B. "Al" ate the mallard. Steffes says he has sent for every publication of the Department of Agriculture and the Agricultural College of the University of Minnesota. Also attended one lecture on an agricultural subject. with Dirty Faces Warners 97 mms. One of the cleverest concoctions of pulse- pounding excitement, heart-stopping thrills / and throat-catching emotional human touches ever to hit the screen. It sets a new milestone in gangster dramas with a powerful human story. Large praise, but | j^SSHBBIl this Warner whirlwind of power-drama is something to let your hair down about and give it the ole showman gun on all counts. - ([Any exhibitor who can't knock off recent box- office records with this b. o. baby is simply asleep at the turnstile switch. Look what you've got to play with: Names — Jimmy Cagney, Pat O'Brien, 'Dead End' Kids, Humphrey Bogart, George Bancroft. And what a line-up of tough-egg talent that is! ([Story — this story has never been topped in its theme-field for downright excitement, close-knit driving punch, glamour of gang- sterism contrasted with the finer things in * life building to a great emotional climax with the humanities triumphing. It extracts m^l every last ounce of entertainment value out of the thrills, menace, danger and suspense. ([Warners have done a great service to the industry in pointing the way to the proper handling of the gangster theme so that not even the narrow- est-minded reactionary can find material to quibble with. ([Director Curtiz has done one of the finest heart - stopping dramas of the day. So, exhibitors, give it all you can on a doubled ballyhoo budget, and you won't regret it! ([CAST: James Cagney, Pat O'Brien, Humphrey Bogart, Ann Sheridan, George Bancroft, Billy Halop, Bobby Jordan, Leo Gorcey, Gabriel Dell, Huntz Hall, Bernard Punsley, Joe Downing, Edward Pawley, Frankie Burke, William Tracy. ([CREDITS: In Charge, Hal Wallis; Producer, Sam Bischoff; Director, Michael Curtiz; Author, Rowland Brown; Screenplay, John Wexley, Warren Duff; Music, Max Steiner. ([DIRECTION: Excellent. PHOTOGRAPHY: Grade A. •go15*! ts « o _fe So a rj ^. *> X CO "5 Of t)«l •a 5 5 8g JaQ 0 •cs; WARNERS Broadway Musketeers (A) (D) Lindsay Marie Wilson The Sisters (G) (D) Bette Davis Errol Flynn Anita Louise Girls on Probation (D) Ronald Reagan Jane Bryan Brother Rat (G) (C) Wayne Morris Priscilla Lane Hard to Get (G) (C) Dick Powell de Havilland Torchy Gets Her Man (G) (D) Glenda Farrell MacLane Nancy Drew, Detective Bonita Granville John Litel Angels with Dirty Faces (G) (D) Cagney O'Brien "Dead End" Kids Devil's Island Karl off Secret Service of the Air Ronald Reagan John Litel Ila Rhodes UNIVERSAL That Certain Age (G) (C) Durbin Jackie Cooper Swing That Cheer Tom Brown Andy Devine Service De Luxe (G) (C) Constance Bennett Vincent Price The Storm (G) (D) Bickford MacLane Foster Exposed Glenda Farrell Otto Kruger Prairie Justice (O) His Exciting Night (C) Charles Ruggles Ona Munson Strange Faces Dorothea Kent Frank Jenks Andy Devine Little Tough Guys in Society Bo land Auer Horton West Side Miracle Helen Mack Edmund Lowe The Last Warning Preston Foster Frances Robinson U. A. There Goes My Heart (G) (C) Fredric March Virginia Bruce The Young in Heart Gaynor Fairbanks, Jr. Goddard Cowboy and the Lady Cooper Oberon 20TH-FOX Meet the Girls June Lang Lynn Bari (910) Five of a Kind (G) (C) Dionne Quin- tuplets (919) Mysterious Mr. Moto (G) (D) Peter Lorre (912) Suez (G) (D) Tyrone Power Loretta Young (913) Always in Trouble (G) (C) Jane Withers Jean Rogers Arthur Treacher Just Around the Corner Shirley Temple Charles Farrell , (915) ! Sharpshooters (G) (D) Brian Donlevy Lynn Bari (916) Submarine Patrol (G) (D) Richard Green Nancy Kelly Preston Foster (909) Road Demon Henry Arthur Joan Valerie Henry Armetta (918) Up the River Tony Martin Phyllis Brooks Preston Foster RKO RADIO Mr. Doodle Kicks Off (G) (C) Joe Penner (904) A Man to Remember (G) (D) Anne Shirley (905) The Mad Miss Manton (G) (C) Stanwyck Fonda (906) Tarnished Angel (G) (D) Eilers (907) Lawless Valley (O) George O'Brien (981) Annabel Takes a Tour (G) (C) Oakie Lucille Ball (908) Law West of Tombstone Harry Carey Jean Rouverol (909) Peck's Bad Boy at the Circus Tom Kelly Ann Gillis ! Trailer Romance (Tentative) Lucille Ball James Ellison (910) REPUBLIC The Night Hawk (G) (D) Robt. Livingston June Travis Robt. Armstrong I Stand Accused (G) (D) Robt. Cummings Helen Mack Rhythm of the Saddle (O) Gene Autry Storm Over Bengal Patric Knowles Rochelle Hudson Santa Fe Stampede (O) Orphans of the Street Come On, Rangers (O) Roy Rogers Mary Hart Western Jamboree (O) Gene Autry Smiley Burnette PARA. Touchdown, Army (G) (C) Mary Carlisle (3805) Arkansas Trav- eler (G) (C) Bob Burns Mary Carlisle (3806) Mysterious Rider (G) (O) (3807) Men With Wings (G) (D) MacMurray Illegal Traffic (G) (D) /. Carroll Naish Mary Carlisle If I Were King (G) (D) Colman Rathbone Thanks for the Memory Bob Hope Shirley Ross i i : \ Say It in French Ray Milland Arrest Bulldog Drummond Little Orphan Annie Ann Gillis Robert Kent Ride a Crooked Mile Farmer Erikson T amir off MONOGRAM Sweetheart of Sigma Chi (reissue) Mary Carlisle Where the Buffalo Roam (G) (O) Tex Ritter Gangster's Boy Jackie Cooper Gun Packer (O) Jack Randall Gang Bullets Anne Nag el Little Tenderfoot (O) Tex Ritter I Am a Criminal John Carroll Mary Kornman Tough Kid Frankie Darro M-G-M Stablemates (G) (D) Wallace Beery Mickey Rooney (906) Young Dr. Kildare (G) (D) Lew Ayres Lionel Barry- more Listen, Darling (G) (C) Bartholomew Judy Garland (904) The Citadel (G) (D) Robert Donat Rosalind Russell (909) The Great Waltz (G) (M) Luise Rainer Fernand Gravel Miliza Korjus (908) Spring Madness Lew Ayres Burgess Meredith O'Sullivan The Shining Hour Crawford Sullavan Douglas Out West with the Hardys Lewis Stone Mickey Rooney Flirting with Fate Joe E. Brown Leo Carrillo Dramatic School Rainer Goddard Alan Marshall COLUMBIA Crime Takes a Holiday (G) (D) West of the Sante Fe (O) Flight to Fame Below the Rio (O) Buck Jones Homicide Bureau Bruce Cabot Rita Hayworth The Little Adventuress Edith Fellows Cliff Edwards Law of the Texan (O) In Early Arizona Bill Elliott Dorothy Gulliver I Adventure in Sahara Paul Kelly Lorna Gray Blondie (G) (C) Penny Singleton Arthur Lake Rio Grande (O) Charles Starr ett Ann Doran • o * o * o ^ tj 00 o ^ z z ~ i 22 z " i £ z " O G w OS Q BEGINNING OF A GREAT SERIES THE FAVORITE HEROINE OF MILLIONS STEPS RIGHT OUT OF 230 NEWS- PAPERS INTO ONE OF THE YEAR'S BIC SCREEN HITS! This advertisement is to inform exhibitors about a new kind of down-to-earth, honest picture that plain, every -day folks have been aching to see. Even if "Blondie" did not have a pre -sold audi- ence of millions, due to its wide popularity as a leading King Features Syndicate cartoon strip, its fine, inherent entertainment qualities would make it "Box-office". PRINTS IN EXCHANGES NOW! PRE -VIEW IDEA IS ONE TO BRING ADDED JIMMY FIDLER — I'm just one of the millions of Blondie-Dagwood fans who will greet this delightful screen interpretation of my favorite comic strip with keen delight. LOS ANGELES TIMES — Built strictly for comedy and succeeding well. LOS ANGELES EXAMINER — Blondie stepped right out of the funny paper onto the screen in one of the most refreshing and entertaining comedies of the year. • PICTURE REPORTS — It is a triumph for Columbia and for all concerned in its making, and it will undoubtedly be enor- mously popular. CLICK MAGAZINE — BLONDIE a solid click. FAWCETT PUBLICATIONS — By far the biggest laugh getter of the year and will prove a bigger crowd getter than many million dollar epics. It's a knockout! VARIETY — Studio has hit paydirt . . . should have long span of popularity. Through it all runs a prominent strain of good substantial comedy and down-to- earth humor. Columbia turns out a par- ticularly fine effort . . . which gets the transplanted cartoon-to-film characters off to a good start. LONDON NEWS CHRONICLE-™* should really be a natural anywhere the cartoon is enjoyed. It was a natural before the first reel had passed. Lake and Single- ton perfectly cast. Gene Lockhart great. Frank Strayer and Richard Flournoy have kept spirit of cartoon through sympathetic direction of a perfect script. PICTURE PLAY — Every man, woman and child must see BLONDIE, the first of a series Columbia is making of this famous comic strip. SCREENLAND & SILVER SCREEN-F»r sheer entertainment, see BLONDIE. It's one for the whole family. RAVES ON INVALUABLE! HERE'S I MILLIONS TO THEATRES! NATIONAL BOX OFFICE DIGEST HOLLYWOOD SPECTATOR — Sensational box office possibilities in this picture. Will please every "Blondie" fan, others, too. Columbia has the beginning of a highly profitable series. BOX-OFFICE FLASHES — Novel and refreshing feature which will be welcome addition to any program, while it provides ready-made exploitation potentialities for box-office takes far above its budget class. Penny Singleton and Arthur Lake are natu- rals as Blondie and Dagwood. — Family audiences will be delighted with it and all theatre-goers will find in "Blondie" a com- edy of notable ebullience and freshness. LOS ANGELES EVENING NEWS — As funny as the comic strip. All the char- acters, Blondie, Dagwood, Baby Dumpling and even the pooch, Daisy, are convincingly brought to life. Penny Singleton, in the title role, does a splendid bit of work, while Arthur Lake's Dagwood and little Larry Simms' Baby Dumpling are excellent. HOLLYWOOD CITIZEN NEWS-r, the bell for inspired comedy. ngs SCREEN GUIDE — BLONDIE is the greatest comedy series of the year. INTERNATIONAL NEWS SERVICE — Very good picture. Should be a hit. FILM DAILY- Comedy hit should please them from six to sixty. £ Upon the Comic Strip Created by Cli PEHHY SINGLETON • ARTHUR LAKE LARRY SIMMS • GENE LOCKHART Screen Play by Richard Flournoy Directed by FRANK R. STRAYER A COLUMBIA PICTURE N. Y. DAILY NEWS MORE GOOD NEWS ON "GIRLS' SCHOOL"! . . . AFTER SWELL OPENING AT TIMES SQUARE'S CRITERION THEATRE, MANAGEMENT REPORTS GROSSES ZOOMING EACH DAY AS RESULT OF GRAND REVIEWS AND WORD-OF-MOUTH! PLUS FACT THAT PICTURE HAS GREAT FEMININE APPEAL! Rare . . . excellent construction . . . exceptional and altogether enjoyable. Beautiful perform- ances. N. Y. TIMES Written with tenderness, in- sight; performed with enchant- ing naturalness,- directed with gracious balance of light com- edy, poignant youthful tragedy- N. Y. WORLD-TELEGRAM Well-acted, full of charm and conviction. Cast is first rate, direction alert . . . imaginative. N. Y. MORNING TELEGRAPH Most attractive, very interest- ing, neatly staged and bril- liantly acted. Has warmth, in- tensity. N. Y. POST Good. A fine show of sweet young things. N. Y. DAILY MIRROR Sincere, interesting, realistic. Played supremely well. Healthy entertainment for the family. N. Y. JOURNAL-AMERICAN Entertaining comedy-drama. Quiet sincerity and charm. Amusing and sympathetic- N. Y. HERALD TRIBUNE Delicacy of treatment . . . fast- moving . . . engaging. GIRLS' SCHOOL Anne Nan SHIRLEY • GREY Ralph BELLAMY Story by Tess Slesinger • Screen play by Tess Slesinger and Richard Sherman • Directed by JOHN BRAHM A COLUMBIA PICTURE MOTION PICTURE DAILY RADIO Wednesday, November 9, 1938 anner LINES JOHN ROYAL sent ducky little straw hats to the radio scribes (plus a $5 merchandise order for the purchase of a real chapeau) as a result of NBC's broadcast of the Seabiscuit-War Admiral race. This i—Hip race CBS was to have carried, LVO/ which didn't come off because the race was cancelled. NBC there- upon boasted that when the race ac- tually was run its network would '"carry the description, and when he heard of the boast Bryan Field, CBS sports commentator, vowed he'd eat a hat if NBC made good. He's eat- ing it, too, for Royal sent him a cake baked in the form of a hat. ▼ Somebody forgot to tighten the knob on the rod that holds the mi- crophone in the studio used by Lyn Murray and his four singers, re- sulting in a rather amazing sight. After the program began, the mike started to slide downward, with Murray unable to grasp it, and the singers likewise because they had sheet music in their hands. It ended by the chorus singing on their knees. T Sunday on the Blue, from 8 to 8 :30 P. M., the same hour when listeners were frightened a week ago by "War of the Worlds" NBC presented a tabloid version of the musical comedy "Sing Out the News." Suddenly there came an interruption, and an announcer shouted : "Flash extra ! Groucho Marx is elected president of the United States !" No New Dealers collapsed. T Scrambled announcers dep't : Charley Stark gets the "Morning Almanac" program, replacing John Reed King, who will do the Sophie Tucker show, replacing John Allen Wolf. T Raymond Paige auditioned for Chevrolet last night, with the most colossal popular orchestra ever as- sembled for radio — 100 men. Paige has been idle since coming here from Hollywood some months ago. — Jack Banner 30 Bands Will Play AFL Benefit Dance More than 30 bands already have agreed to perform at the annual benefit dance to be given by local 802 of the American Federation of Musicians at the Manhattan Center Nov. IS. The entire program will be broadcast by WNEW, beginning at 9 P.M. and carrying over until 6 the following morning. Pall Mall Renews Duchin American Cigarette Co., sponsor- ing Eddie Duchin for Pall Mall cig- arettes, has renewed the series for 13 weeks, effective Dec. 5, on the NBC-Red Mondays from 9:30 to 10 P. M. Lee Pushing Television San Francisco, Nov. 8. — Don Lee Broadcasting System has made appli- cation to the F. C. C. for permission to erect a television station here. NBC Billings for October $3,773J64 NBC's billings for October of this year rose 13 per cent over the corresponding month in 1937, marking the 11th successive month the network's billings have climbed. The October, 1938, billings amounted to $3,773,- 964, and the billings for the same month last year totaled $3,339,739. The cumulative 10-month total for 1938 amounted to $33,676,688, compared to the 10-month total of 1937 of $31,630,854, a 6.5 per cent im- provement. NBC's Eastern Spot Sales Up in October Bookings on NBC managed and op- erated stations received a larger vol- ume of business during October from the eastern division spot sales depart- ment than a year ago, with the leaders being the Ford, Dodge and Nash auto accounts. Other accounts signed by the divi- sion for October include the Maryland Pharmaceutical Co., Peter Paul, Inc., American Molasses Co., Sun Oil Co., Chrysler, Kelvinator, United Drugs, Royal Typewriter, Best Foods, Rail- way Express, Manhattan Soap, Park- er Bros., D'Arrizo Bros. Programs from those companies are being broad- cast on from 50 to 250 stations each. US Series to France To Start in January (Continued from page 1) nation a picture of American life and industry. Henri Diamant Berger, French film producer now here on a commission from the French Government for the purpose of making radio recordings of American life, and Jack Hartley, as- sistant manager of NBC's special events division, leave New York this week on a coast-to-coast tour. They will return late in January. They plan to make recordings of every important American industry, and the plans call for a stop of at least two weeks on the lots of most of the studios in Hollywood. Televise Armistice Servic London, Nov. 8. — Lord Mayor's show tomorrow and the Armistice Day ceremony at the Cenotaph on Friday will be televised at the Tatler. Pick NAB, RMA Men for Meeting Washington, Nov. 8. — At the in- vitation of Neville Miller, NAB presi- dent, representatives of the Radio Manufacturers' Association and the National Association of Broadcasters will meet in New York at the Hotel Ambassador, Nov. 17 to lay the foundation for the joint promotion of radio. A. S. Wells, of the Wells Gardner Co., Chicago, who is president of the R. M. A., has named the following committee: James M. Skinner, chair- man, president, Philadelphia Storage Battery Co. ; Powel Crosley, president, The Crosley Corp. ; Henry C. Bon- fig, vice-president, RCA Mfg. Co. ; Commander E. F. McDonald, Jr., president, Zenith Radio Corp. Wells and Executive Vice-President Bond Geddes will be members ex-of- ficio. With President Miller serving as chairman of the committee, the follow- ing have been invited to serve on the NAB committee: H. Bliss McNaugh- ton, WTBO, Cumberland; I. R. Lounsberry, WGR, Buffalo; Edward Klauber, executive vice-president, CBS; Theodore Streibert, vice-presi- dent, Mutual, and Ed Kirby, mem- ber ex-officio. NBC Show Nov. 13 Salutes Affiliates "This Is Radio," a special dramatic script show, designed as a salute to the 160 stations affiliated with NBC, will be offered Nov. 13 from 11 A. M. to 12 noon on the combined Blue and Red networks. The pro- gram will trace radio highlights, start- ing with the Harding-Cox election. The play is by Tom Langham, and direction will be by Joe Bell, both of NBC's staff. NBC's 12th anniversary will occur Nov. 15. March of Time Goes Off the Air Dec. 2 "March of Time" will go off the air Dec. 2. The program was to have left the air six weeks ago, when Time Maga- zine's contract to sponsor the series came to an end. At the last moment, however, Time agreed to continue sponsorship for an additional six weeks while a drive was on to find another sponsor. Cancellation notice for the program was issued yesterday. ► Radio Personals i ANDRE BARUCH has been signed as announcer of the "American Album of Familiar Music," the first change in the show in years. . . . Jack Waldon is en- route to the coast, and his place on WHN's "Original Amateur Hour" will be taken by Ed East. ... A girl has been born to Mrs. Robert E. Study. Study is chief engineer of WOV-WBIL, New York. . . . Bill Rainey, NBC production manager, to the hospital for an appendicitis oper- ation. . . . John Karol, CBS director of market research, is off to address advertising councils in Columbus and Cincinnati. . . . Herb Devins of J. Stirling Getchell in town for the auto- show. . . . Walter Holmes, WBNX announcer, and Ellen Jennings are on their way to Bermuda on a honey- moon. . . . Johnny Messner will ap- pear as a guest on the Kate Smith show tonight. . . . Elaine Stern Car- rington, author of "Pepper Young's Family" and episodes in the Jean Hersholt "Dr. Christian" plays, is back from a trip to Hollywood. Ford Takes WHN Time Ford Motor Co. has signed for a series of spots on WHN, McCann- Erickson placing the account. A simi- lar contract for Washington State Ap- ple, Inc., for three weeks, starts Monday, through the J. Walter Thompson agency. KEEP YOUR RED CROSS ALWAYS READY RED CROSS ROLL CALL Nov. 11-24, 1938 Your memberships given now assure prompt disaster relief, help for disabled veterans, and life sav- ing and first aid training. Motion Picture Group W. G. Van Schmus, Chairman NEW YORK CHAPTER AMERICAN RED CROSS 315 Lexington Ave., New York Resume Northern Service Montreal, Nov. 8. — Canadian Broadcasting Corp. resumed its northern messenger service Friday from midnight to 1 A. M., E.S.T., when stations of the mideast and western network car- ried strong signals with personal messages to people living in Northern Canada and the Arctic not served by any recognized commercial or Government system of electrical communication. As in former years, the service will be operated throughout the winter months at the same time each week. Sydney S. Brown will again supervise the broadcasts which this season originate in the corporation's Toronto studios. Friday's broadcast carried greetings to the far north from Dr. Charles Cansell, Deputy Minister of Mines, and Major D. L. McKeand of the Bureau of Northwest Territories and Yukon Affairs. "A beautiful and deeply touching picture which has to insure box-office success! " P. S. H ouse packed, lobbies jammed, lines wait- ing at Radio City Music Hall as . . . crowds ...crowds... confirm critics' predictions and picture holds over for second smash week! MOTION PICTURE DAILY VOL. 44. NO. 93 NEW YORK, THURSDAY, NOVEMBER 10, 1938 TEN CENTS McNinch Lets Out More Men On FCC Staff Examining Division Goes To Legal Department Washington, Nov. 9. — Chairman Frank R. McNinch today continued his "purge" of the Federal Commu- nications Commission, securing a majority vote for abolition of the In- formation and Examining Divisions and the discharge of C. Frank Wis- ner, who has handled the commission's publicity for a dozen years ; Davis G. Arnold, chief examiner, and Melvin H. Dalberg, an examiner. All other Additional developments in radio yesterday on page 8. examiners were transferred to the legal division. Indications are that the commission may find itself involved in controversy with the Civil Service Commission, which has held that officials may not get rid of subordinates by abolishing their positions and giving the jobs new names, as well as with Congress, where considerable criticism of Mc- Ninch's course will be voiced next session by members interested in the "purgees." 'Twas Non-Profit Allerton, la., Nov. 9.— The Allerton, run on a non-profit basis, has closed because it was too much so. The promoters found the overhead topping grosses. British End Fight On Double Billing Lonpon„ Nov. 9. — Cinematograph Exhibitors' Association today ad- mitted defeat on the double feature problem, which revolves around a conflict between the independent and circuit interests in the organization. After a long debate the general coun- cil today accepted the committee's report, admitted the problem unsolv- able, and chided the C. E. A. branches for their opposition to the proposal that films be graded as a means of solving the problem. The abandonment of the struggle was accepted with bad grace by a number of independents. One de- clared the committee had never han- dled any problem so unsatisfactorily, another that the committee's attitude was silly, a third that the independ- ent market represented $90,000,000 annually and that there was no use trying to solve an economic problem politically. U. S. CONTEMPT CHARGES FILED IN CHICAGO ROW B. & K., All Majors Excepting Columbia, Charged with Violation of 1932 Anti-Trust Consent Decree Government Com bats Move On Anti-Trust Suit Details Every demand for particulars made by defendants in the anti-trust suit probably will be opposed by Govern- ment attorneys when a hearing on the motion is held before Federal Judge William Bondy at 10:30 this morning. The Government, it is understood, will contend that the bill of complaint is sufficiently detailed to permit the defense to prepare for trial without further information. Shelby Fitze and Paul Williams of Special Assistant Attorney General Thurman Arnold's staff in Washing- ton are here to argue against the de- fense motion. Opposition presumably will be based on the law. No addi- tional affidavits will be submitted. A voluminous brief has been prepared. It is expected that a principal argu- ment against the motion will be that most of the information sought is within the knowledge of the defend- ants. The purpose of a bill of particulars apparently would be to limit the amount of evidence which can be pre- sented by the Government. Also that the defense is entitled to know, in ad- vance, what the Government aims for in order to prepare an answer. If the demand is granted, a time will be fixed within which the bill must be furnished. The defense seeks 60 days thereafter for the preparation of answers to the bill of complaint. In line with previous policy, Gov- ernment forces may not oppose the request for additional time, but will ask the court to set a date. Judge Bondy will also hear the re- quest by United Artists to strike out portions of the complaint. A request that several of the individual defend- ants in the U. A. group be dropped is under consideration at Washing- ton, but no decision has been reached. It is customary in anti-trust suits to name all officers and directors as de- fendants, but their names are dropped upon severance of their connection with the corporation. Chicago, Nov. 9. — The U. S. Department of Justice today filed crimi- nal contempt proceedings against Balaban & Katz Theatres, Paramount and all the major companies, except Columbia, for alleged violation of the consent decree handed down here in 1932. The case was filed with U. S. District Judge Woodward. It is charged that a first run monopoly has been maintained in violation of the decree and that this prevents the Oriental, McVickers, State-Lake and Woods from getting first runs in spite of the fact that inferior B. & K. houses get them. Defense attorneys are asked to show cause Nov. 28 why judgment should not be rendered. Barney Balaban, president of Para- mount, also is president of B. & K. These contempt proceedings are ap- parently an outgrowth of the anti-trust suit filed Sept. 19 against major dis- tributors by 89 independent exhibitors, of which 86 were members of Allied of Illinois. In that suit it was charged that B. & K., Paramount and seven other distributors named as secondary defendants had violated the anti-trust laws by insisting upon a clearance system which prevented most independents from getting pic- tures until 10 weeks after they had first played downtown. It was also charged that many surrounding cities get pictures before Chicago subsequent runs. Application for a temporary injunc- tion to halt current booking practices pending trial was made at the time (Continued on page 5) Final Action Set For Next Week on Trade Practices Final meetings on a self regulation program for exhibition and distribu- tion will be held next week, at which time formal drafts of the trade prac- tice agreement will be drawn. The final sessions will be for the primary purpose of agreeing on the wording of the final trade practice draft. Indications are that M. P. T. O. A. will bring only a small sub- committee into New York for this purpose. A similar meeting on the phrase- ology of the draft may be held today or Monday by the distributors' nego- tiating committee and the represen- tatives of unaffiliated regional exhibi- tor organizations. Final meetings with representatives of Allied States will be held next week. No agreement has been reached yet on the date on which the program will become effective. Ed Kuykendall, M. P. T. O. A. (Continued on page 4) Pathe9 s Liquidation is To Come Up on Dec. 6 Pathe stockholders will be asked to consider liquidation on Dec. 6. The company's board of which Robert R. Young is chairman, voted on Tuesday to submit such a proposal to stockhold- ers. Pathe owns 35 per cent of Dupont Film, on which for the first six months, this year, it earned $223,000, G.N. Board Acts on British Plan Today Grand National's board of directors at a meeting today will hear details of the proposal for British distribu- tion of the company's product by As- sociated British Pictures Corp. which was made to E. W. Hammons, Grand National president, by John Maxwell in London recently. If the Grand Na- tional board approves the proposed deal, Hammons may return to London in the near future to conclude the ar- rangements. Franklyn Warner, president of Fine Arts Pictures, which will make more than half of the Grand National fea- ture lineup, will arrive from Holly- wood by plane today to attend the board meeting. MOTION PICTURE DAILY Thursday, November 10, 1938 i Purely Personal ► STANTON GRIFFIS, chairman of the Paramount executive com- mittee, who is en route here from Hollywood, will stop off at Ithaca tonight to attend a meeting this week- end of the board of trustees of Cor- nell University, of which he is a member. He will arrive in New York Monday. • Robert Gillham, Paramount ad- vertising and publicity director, who was scheduled to arrive in New York from the studio tomorrow, is spending a few additional days in Hollywood and will be back here next week. • William J. Gell, managing direc- tor of Pathe Pictures, Ltd., and Ar- thur Levey, Monogram's English representative, return to London on the Normandie Saturday after a 10- day stay here. • William C. Gehring, 20th Cen- tury-Fox division manager, arrives in Omaha today on a swing of midwest exchanges with James P. O'Loghlin, Kent drive leader. Freddie Bartholomew will arrive tomorrow from Providence and will continue his personal appearance tour in Jersey City, Newark and Chicago before returning to the coast. • Lillie Messinger, RKO story edi- tor, plans to return to the coast next week, after looking over new story material. Frank Donovan, Pathe Sport- scopes production manager, has dis- patched camera crews to Pimlico and other racetracks. • Walter Gould, Latin American di- vision manager for U. A., returns to- day from a four-month survey of his territory. • H. A. Ross has left on a five-week business trip which will take him to the coast. Rites for Louis Myers Funeral services for Louis Myers, local exhibitor, were held at the Park West Memorial Chapel yesterday, with many film and theatre men at- tending. Myers, 52, died Tuesday after a long illness. Until recently he was a partner with Abraham Leff in the Five Boroughs Theatre Circuit. After selling his in- terest, he became a partner with Charles Goldreyer in the Costello Theatre. Myers was a director of the I.T.O.A. and active in the Zion- ist movement. "Patrol" Out Christmas Warners will release "Dawn Pat- rol" Christmas week. This decision was reached here following a confer- ence between Major Albert Warner, Gradwell L. Sears and S. Charles Einfeld because the picture is an in- dictment of war. Warners are talking about heavy advertising for this film. Insiders' Outlook EDDIE CANTOR believes that percentage contracts for top flight talent are best for the studios. He has such a deal with RKO for a picture which will get started early next year. Another picture which he will make for M-G-M next fall is on straight salary basis. Cantor was asked the titles of his forthcoming films. "What dif- ference does it make ?" he par- ried. "I've made bad pictures with good titles and good pictures with bad titles. So what's the odds?" T T The International Labor Or- ganization, affiliate of the League of Nations, proposes to make greater use of films in propaganda work, according to Louis Res- nick, who has just returned from Geneva where he talked with League officials. It is understood that films suitable for exhibition is 50 countries are on the I. L. O. plan. ▼ T Dick Pack of WNYC tells a quaint story about the election. Pack was working in the Chanin Building at Gov. Lehman's head- quarters, and at a late hour the election still was a nip and tuck affair, with Lehman's lead, estab- lished earlier, dwindling. Finally, through his headpiece. Pack got word that Dewey had conceded the election to Lehman and had dispatched a congratulatory mes- sage to the Governor. Pack scribbled this information on a piece of paper and handed it over to the Governor, and asked the Governor to broadcast a "thanks" message to the electo- rate. Lehman scribbled back that he didn't believe Dewey had yet conceded the election to him, and that he preferred to wait until he received Dewey's wire. It arrived 10 minutes later, and then the Governor went on the air. T T "Angels with Dirty Faces" is one of the finest of this season's pictures. Pat O'Brien gives a swell performance as the priest. And in it you get the whole ca- boodle of "Dead End" kids be- sides James Cagney and Ann Sheridan. T T Altec is ready to market a new, portable "flutter bridge" as a part of its regular theatre sound ser- vicing. This "flutter bridge" is supposed to make possible the measurement and control of flut- ter. Previously "flutter bridges," because of their bulk, w-ere re- stricted to laboratory use for sound manufacturers and Holly- wood studios. T T One of the oldest programs on the air is "Painted Dreams," on the WGN, Chicago, schedule. It tells the story of "Mother Moy- nihan." The program started in 1930. Kay Chase has been au- thoring it since 1932, at which time the show changed author- ship. Mary Affleick is producer of the program. Wright Quits Loew, Brown Succeeds Him Erie Wright, publicity director for the Loew-Poli houses in New Eng- land, has resigned. He was with the circuit more than six vears and be- fore that was with U. A. He is suc- ceeded by Lou Brown, Loew publicity man in the Bronx, who will take over in New Haven Monday. Carl Fishman, now handling the west Bronx, will take over Brown's district. Oscar A. Doob, the cir- cuit's advertising and publicity head, has called a staff meeting for tomor- row to announce the realignment. Henkin Joins Rosenberg Sol Henkin, former Warner division manager in Pittsburgh and Philadel- phia, has been appointed head of the- atre operations for the Congress Cinema Corp., Metro Cinema Corp. and Daly Cinema Corp., all con- trolled by Moe Rosenberg. Bronx ex- hibitor. Fulton Sells in Kansas Kansas City, Nov. 9.— W. D. Ful- ton has sold the Howard, Arkansas City, Kan., to Gus Diamond, former Dickinson circuit booker, who recently opened a house in Salina, Kan. This leaves Fulton with the State, Tivoli and Southtown. Suit Over Disney's Drawings Dismissed Los Angeles. Nov. 9.— U. S. Dis- trict Judge William P. James today dismissed a copvright infringement suit for $3,500,000 brought by Adelaide Halpern against Hearst Publications, Pepsodent and Lord & Thomas. The suit was based on a newspaper ad offering "a moving picture machine with two sets of colored movies fea- turing Walt Disney's 'Snow White and the Seven Dwarfs.' " The plaintiff alleged infringement of a copyright obtained in 1930 and asserted Disney had been employed by the defendants to draw pictures for a cardboard peep- show device. The court ruled the idea was in the field of common knowl- edge. Warners Win Suit Point Warner Bros. Pictures, Inc., First National Pictures, Inc., and M. Wit- mark & Sons, Inc., defendants in a plagiarism suit to recover $1,500,000 damages, were successful yesterday in their application to Federal Judge Ed- ward A. Conger for an order directing Irving Gielow, the plaintiff, to pro- duce for their inspection the original manuscript of his dramatic work, "Give Me This Night, or "Flirtation Walk." and the songs. "I Can't Be- lieve" and "Mr. and Mrs. is the Name." FHA Requests Bids For 3-Color Films Washington, Nov. 9. — Planning to put out color films depicting the ac- tivities and accomplishments of the Government's housing-loan program the Federal Housing Administration today called for bids, to be opened Nov. 18. The contract will run through the remainder of the current fiscal year, which ends June 30, next, and pro- posals are asked on production, both in color and black and white, sound and silent, and, separately, on pri' color and black and white, sound a silent, in both 35 and 16 mm. widths. Scenarios are to be prepared by the contractor in cooperation with the F.H.A., along the general lines of films already produced. The first film under the contract will not exceed 2,000 feet and will use a three-color process. Subsequent reels will not ex- ceed 4,000 feet and may be in color or black and white. Past films of the F.H.A., it was said, have averaged approximately 700 feet. It is antici- pated that a minimum of 25 prints will be used in the 35 mm. width and 10 prints in the 16 mm. size. The F.H.A. has a contract for black and white films, held by Pathe but has not heretofore engaged in color production. Momand Is Allowed To Amend Complaint Oklahoma City, Nov. 9. — A. B Momand, plaintiff in a $4,900,000 Fed- eral anti-trust suit against 20th cen- tury-Fox and the Griffith Amusement Co., has been granted permission to amend his petition in conformity with Judge Edgar Vaught's ruling in his old suit against Paramount- Publix. Judge A. P. Murrah gave Momand 20 days in which to amend the petition and allowed the defendant attorney- 20 more days from that date to plead the case. Foland in K. C. Exchange Kansas City, Nov. 9. — Atlantic Pictures Exchange here, formerly in charge of E. W. Kolb, has been taken over by Jim Foland, associated with film and supply distribution in the ter- ritory 26 years. MOTION PICTURE DAILY (.Registered U. S. Patent Office) MARTIN QUIGLEY, Editor-in-Chief and Publisher; SAM SHAIN, Editor; JAMES A. CRON, Advertising Manager. Published daily except Saturday, Sunday and holidays by Quigley Publishing Com pany, Inc., Martin Quigley, president. Colvin Brown, vice-president and treasurer Publication office: 1270 Sixth Avenue ai Rockefeller Center, New York. Telephone: Circle 7-3100. Cable addresss: "Quigpubco New York." All contents copyrighted 19 IS by Quigley Publishing Company, Inc. Address all correspondence to the New York office. Other Quigley publications: Motion Picture Herald, Better Theatres, Teatro al Dia, International Motion Picttri Almanac and Fame. BUREAUS : — Hollywood: Postal Union l ife Building, Vine and Yucca Sts. ; Boone Mancall, manager; William R. Weaver editor. Chicago: 624 S. Michigan Ave., C R O'Neill, manager. London: 4 Golden Square W. 1: cable address, Quigpubco, London: Hope Williams, manager. Entered as second class matter Sept. 23. 1938, at the post office at New York, N. V.. under the act of March 3, 1879. Subscription rates per year $6 in the Americas and $12 foreign. Single copies 10c. t^f Series CAN DRAW AS NO SERIES HAS BEFORE! She's sweet sixteen and the sweetest idea yet pre- sented in a family-patronage feature series! Yours from WARNERS— straight from the famous Carolyn Keene books with a mass appeal de luxe, plus a mat- . inee magnetism no other series has approached! j See the First— You'll Demand Them All! B V NANC AT D_ _ L' EW, Detective ^aGranvi/Ie rtzy* her mighty swell! Now in Production NANCY DREW, Reporter MOTION PICTURE DAILY Thursday, November 10, 1938 "Brother Rat" Washington's Hit $21,000 Washington, Nov. 9. — "Brother Rat," at Warners' Earle with a take of $21,000, made the best showing of the week. "Stablemates" at Loew's Capitol had a gross of $19,500. "Suez" returned a profit at Loew's Palace with a gross of $15,000. Estimated takings, exclusive of tax, for the week ending Nov. 3 : "Stablemates" (M-G-M) LOEW'S CAPITOL — (3,434) (25c-65c) 7 days. Stage: Eunice Healey, Paul Haakon. Gross: $19,500. (Average, $16,500) "Sing You Sinners" (Para.) LOEW'S COLUMBIA— (1,243) (25c-40c) 7 days. Gross: $3,S00. (Average, $4,200) "Suez" (2ttth-Fox) LOEW'S PALACE — (2,370) (25c-55c) 7 days. Gross: $15,000. (Average, $11,500) "That Certain Age" (Univ.) RKO-KEITH'S— (1,836) (25c-40c) 7 days, 3rd week. Gross: $4,500. (Average, $10,000) "Brother Rat" (W. B.) WARNERS' EARLE— (2,218) (25c -66c) 7 days. Stage: Eleanor Whitney, Herbie Kay & orchestra. Gross: $21,000. (Average, $16,000) "You Can't Take It With You" (Col.) WARNERS' METROPOLITAN — (1,591) (25c-40c) 7 days, 5th week. Gross: $3,800. (Average, $4,000) CEA Protests Bias In Reels' Comment London, Nov. 9. — Cinematograph Exhibitors' Association today met with the Newsreel Association and protested against alleged political flavoring of newsreel commentaries. Citing the recent charge of pro- Chamberlain bias during the crisis, the C. E. A. pleaded for impartiality in newsreel handling. The exhibitor organization threat- ened that unless partisanship is avoid- ed, members would be advised to book newsreels on a weekly basis only. Newsreels also were warned of the dangers of censorship, and were told that if the reels are censored, they will be dropped entirely from theatres. Representatives of the newsreel group pleaded not guilty to the bias charge and promised to be particularly cau- tious in the future. Olajos Erpi Treasurer Charles Olajos, former assistant treasurer of Erpi, was elected treas- urer of the company at a meeting of the board of directors yesterday. He will assume his new post Dec. 1, suc- ceeding F. B. Foster, the present Erpi treasurer, who becomes comptroller on that date. Olajos has been with Erpi since 1929 and prior to that was as- sociated with Western Electric. Paramount Signs Rogers Hollywood, Nov. 9. — Paramount will film the life of Gus Edwards and has made a deal with Charles R. Rog- ers for the latter to produce the pic- ture starring Bing Crosby. Tentative title is "The Star Maker." Yarn was authored by Arthur Caesar and Wil- liam A. Pierce. Hollywood Previews 'The Cowboy and the Lady" {Goldwyn-United Artists) Hollywood, Nov. 9. — Comedy romance that runs into many a snarl, not the familiar formula carryings-on of rootin', tootin', shootin' buck- aroos, is the subject matter of "The Cowboy and the Lady," Samuel Goldwyn's first production on his 1938-'39 program. Partially hokum, partly sophisticated, the down to earth love story written by Leo McCarey and Frank R. Adams, transcribed to the screen by S. N. Behr- man and Sonya Levien and directed by H. C. Potter, stars Gary Cooper and Merle Oberon. With Cooper back in a blue jeans and sombrero role and Miss Oberon a lady of wealth adventuring in romance, support that continually accentuates the basic comedy is contributed by Patsy Kelly, Mabel Todd, Fuzzy Knight, Walter Brennan and Harry Davenport. Cooper, a rodeo bulldogger, wants a wife. Miss Oberon, whose father, Henry Kolker, wants to be president, is tired of playing host- ess to the gang of dignified mossbacks which clusters around him. She accepts the advice of her uncle, Davenport, to find excitement and hap- piness in the company of a plumber or a strong-backed truck driver. On a blind date with housemaids Kelly and Todd, Miss Oberon, posing as a lady's maid, meets Cooper. Following a pulse tingling courtship aboard a tramp steamer, the pair marry. While Miss Oberon returns to Palm Beach to explain things, Cooper awaits his bride at his Mon- tana ranch. When she fails to show upon time, he goes after her. In- stead of finding his wife a maid, he discovers her presiding at a dinner table. Disillusioned, he delivers a short but pointed speech on how the common herd thinks. Returning to Montana, he finds his father-in- law, wife and her uncle, awaiting him. A happy ending follows. Supplementing the running comedy are three or four interpolated gags that had the audience in uproarious laughter. In one episode, Cooper tosses the richly clad Miss Oberon into a swimming pool. Another has Miss Oberon messed up in a lot of sticky fly paper and a third, pro- longed but amusing, has Cooper pantomiming and entertaining the ranch hands, who think he is batty, in his partially completed dream house. While the shipboard romance is at time sizzling in dialogue and juxtaposition of personalities, the incident has been handled in a manner that limits likelihood of objection on moral grounds. Appeal is mainly to adult audiences. Running time, 100 minutes. "G."* G. McC. "Suez" Cheers Kansas City; Others Slow Kansas City, Nov. 9. — A general lag at the box-office held down grosses. "Smashing the Rackets" and Gene Autry gave Fox Tower $10,600, the best showing. "Suez" took $3,800 at the Esquire and $5,100 at the Uptown. Estimated takings for the week end- ing Nov. 2-3 : "Suez" (ZOth-Fox) ESQUIRE— (800) (25c-40c) 7 days. Gro. $3,800. (Average, $3,000) "The Citadel" (M-G-M) "Girls School" (Col.) MIDLAND — (4,000) (25c-40c) 7 days. Gross: $8,300. (Average, $11,500) "The Sisters" (W.B.) NEWMAN — (1,900) (25c-40c) 7 days. Gross: $6,600. (Average, $7,000) "Suez" (ZOth-Fox) UPTOWN — (2,000) (2Sc-40c) 7 days. Gross: $5,100. (Average, $4,000) "Brother Rat" (W.B.) ORPHEUM — (1,500) (25c-40c) 7 days Gross: $5,000. (Average, $5,000) "Smashing the Rackets" (RKO) FOX TOWER — (2,200) (25c-35c-55c) 7 days. Stage: Gene Autry with Frankie Marvin; El Brendel with Flo Burt; Keene Twins, Vic & LeMarr. Three Capring Sis- ters. Gross: $10,600. (Average, $8,000) *"G" denotes general audience classification. Final Action Due Next Week On Trade Practice Program Montclair Opens Sundays Montclair, Nov. 9. — Sunday films were approved for this city by a ref- erendum vote of 6,688 to 5,077. (Continued from page 1) president, met yesterday with Sid- ney R. Kent of the distributors' ne- gotiating committee and, after receiv- ing informal clarification of most of the trade practice points which were in question when the M. P. T. O. A. committee suspended its negotiations with the distributors' representatives two weeks ago, began preparations for a final meeting of M. P. T. O. A. interests. The meeting will be sched- uled for some time next week, the date to be set by Kuykendall today after canvassing members of his ex- ecutive committee. General sales managers and other home office executives received a re- port yesterday on the progress of the negotiations and the as yet undeter- mined exhibitor requirements. Their meeting was primarily for the purpose of keeping those distribution compa- nies which are not directly represented on the negotiating committee informed of developments and, also, to obtain their approval of what has been done thus far. Understood that the meeting also defined the authority of the ne- gotiating committee in matters which remain unsettled. Paramount, United Artists and Universal are not directly represented on the distributors' nego- tiating committee. Reports of internal dissension among Allied leaders over acceptance or rejection of the trade practice pro- gram arose yesterday following issu- ance of a bulletin from the office of Abram F. Myers, Allied chairman, de- nying that an initial agreement had been reached by the organization with the distributors' committee in Chi- cago last week. The reports held that some Allied leaders advocated accept- ing the trade practice concessions, whereas other officers were urging re- jection of any program which did not include elimination of block booking, affiliated theatre divorcement and De- partment of Justice sanction. Despite this, distribution officials held to their prediction that the trade practice program would be completed before Thanksgiving Day and, pos- sibly, by the end of next week. Cole Renamed Head By Allied of Texas Dallas, Nov. 9.— Col. H. A. Cole was reelected president of Allied Theatre Owners of Texas for the 18th consecutive term this afternoon. Other officers elected were: Vice- presidents, Reuben Frels, Henry Hall, Lee Threet, Mrs. Marthe McSpad- den, R. N. Smith and W. A. Mauldin ; secretary-treasurer, A. W. Lilly; di- rectors, T. W. Lewis, Will Dorbandt, L. C. Tidball, C. M. Cooper, Henry Sparks, Mrs. Tom Donnell, P. V. Williams, Homer Mulkey, Lonnie Legg, Roy Howell, Roy Jennings, Otto Schmidt and W. J. Chesher. Resolutions were passed approving the Government's anti-trust suit against the industry and it was urged that the suit be prosecuted. Another resolution extended thanks to U.S. Senator Neely for his work in behalf of his anti-block booking bill. "Citadel" Grosses $58,000 at Capitol First week receipts of "The Citadel" at the Capitol were reported at $58,- 000. It will be held for a second week. At the Music Hall, "The Young in Heart" grossed an estimated $82,000 and will also be held over, with "60 Glorious Years" will follow. "Ballerina," a French production with English titles, will open Monday at the Little Carnegie Playhouse. 4 A Delays Reorganizing Consideration of reorganization plans by the international board of the Associated Actors and Artistes of America was deferred yesterday to await further data. Fact finding com- mittees were appointed to consider technical difficulties which may arise. A report of the committees will be rendered at the next meeting of the board, tentatively set for Nov. 21 when some action is expected. lursday, November 10, 1938 MOTION PICTURE DAILY s 'My Heart" Up With $9,000; San Francisco San Francisco, Nov. 9. — "There ioes My Heart" got off to a flying tart at the United Artists with a ;ross of $9,000. Another first run to make a strong ent in the general lull was "Men Vith Wings" which rolled up $21,800 t the Fox. "he Sisters" and "Sharpshooters" I 'strong with $16,000 at the War- ield. "That Certain Age," on a dual vith "Personal Secretary," held up to 511,500 in the second week. Estimated takings for the week end- ng Nov. 1-4: 'Tenth Avenue Kid" (Republic) GOLDEN GATE — (2,850) (35c-40c-55c) 7 lays. Stage: vaudeville. Gross: $13,500. Average, $16,000) 'There Goes My Heart" (U.A.) UNITED ARTISTS— (1,200) (15c-35c-40c- ,5c-65c) 7 days. Gross: $9,000. (Average, ;7,000) 'That Certain Age" (Univ.) 'Personal Secretary" (Univ.) ORPHEUM — (2,440) (15c-35c-40c-55c) 7 lays, 2nd week. Gross: $11,500. (Average, :8,500) 'If I Were King" (Para.) 'Always in Trouble" (20th-Fox) PARAMOUNT — (2,740) (15c-35c-40c-55c- '5c) 7 days, 2nd week. Gross: $10,500. Average, $13,000) 'Men With Wings" (Para.) FOX — (5,000) (15c-35c-40c-55c-75c) 7 days. >oss: $21,800. (Average, $17,000) 'Boys Town" (M-G-M) "Vacation from Love" (M-G-M) ST. FRANCIS — (1,400) (15c-35c-40c-55c- 75c) 7 days, 5th week. Gross: $6,400. (Aver- age, $7,000) "The Sisters" (W.B.) "Sharpshooters" (20th-Fox) W ARFIELD— (2,6S0) (1 5c - 35c - 40c - 55c - 75c) 7 days. Gross: $16,000. (Average, $13,000) "A Greater Promise" (Amkino) CLAY— (400) (15c-35c-40c) 7 days. Gross: $1,000. (Average, $1,300) "Moonlight Sonata" (Malmar) LARKIN— (390) (15c-35c-40c) 7 days, 2nd week. Gross: $1,150. Best Cleveland Draw Is "Sisters," $6,000 Cleveland, Nov. 9. — "The Sisters," after a big week at Warners' Hippo- drome, was moved to the Allen where it took $6,000. "Suez" was big at the Hippodrome with $15,000, and was held. "I Am the Law" did $7,500 at the RKO Palace, "Men With Wings" $11,500 at Loew's State and "If I Were King" had a take of $4,500 for the second week. The weather was good. Estimated takings for the week end- ing Nov. 4 : "The Sisters" (W. B.) ALLEN— (3,000) (30c-35c-42c) 7 days, 2nd week. Gross: $6,000. (Average, $4,000) "Suez" (20th-Fox) WARNERS' HIPPODROME — (3,800) (30c-35c-42c) 7 days. Gross: $15,000. (Aver- age. $12,000) "I Am the Law" (Col.) RKO PALACE — (3,100) (30c-35c-42c) 7 clays. Gross: $7,500. (Average, $8,000) "Men With Wings" (Para.) LOEW'S STATE— (3,500) (30c-35c-42c) 7 (lavs. Gross: $11,500. (Average, $13,000) "If I Were King" (Para.) LOEW'S STILLMAN — (1,900) (30c-35c- 42c) 7 days, 2nd week. Gross : $4,500, ("Average, $5,000) Suez" at $18,000 Tops Philadelphia Philadelphia, Nov. 9. — "Suez" rolled up a neat $18,000 in 10 days at the Stanley. "The Citadel" was strong at the Eoyd on a take of $17,500 for seven days. "Five of a Kind," with Henry Busse and his band heading a stage show, went into the profit column on a gross of $17,000, "You Can't Take It With You," as a second run at the Karlton, showed continued strength with $5,500. Estimated takings for the week end- ing Nov. 4 : "There Goes My Heart" (U. A.) ALDINE— (1,300) (40c-55c-65c-75c) 6 days, 2nd week. Gross: $5,000. (Average $8,160) "Boys Town" (M-G-M) (2nd run) ARCADIA — (600) (25c-40c-55c) 7 days. Gross: $2,700. (Average, $2,800) "The Citadel" (M-G-M) BOYD — (2,400) (40c-55c-65c) 7 days. Gross: $17,500. (Average, $14,000) "Five of a Kind" (20th-Fox) EARLE — (2,000) (25c-40c-55c) 6 days. Stage: Henry Busse band, Ella Logan. Gross: $17,000. (Average, $14,000) "Mad Miss Manton" (RKO) FOX— (3,000) (40c -55c -65c -75c) 7 days. Gross: $10,000. (Average, $14,000) "You Can't Take It With You" (Col.) (2nd run) KARLTON— (1,000) (25c-40c-55c) 7 days. Gross: $5,500. (Average, $4,000) "Stablemates" (M-G-M) (3rd run) KEITH'S — (2,000) (25c-40c-55c) 7 days. Gross: $3,600. (Average, $4,000) "Suez" (20th-Fox) STANLEY— (3,700) (40c-55c-65c) 10 days. Gross: $18,000. (Average, 7 days, $14,000) "Girls On Probation" (W. B.) STANTON— (1,700) (25c-40c-55c) 7 days. Gross: $4,500. (Average, $7,000) Managers' School Sydney, Oct. 21. — Norman B. Rydge, head of Greater Union Theatres, has estab- lished a school for theatre managers. Rydge contended that specialized knowledge is necessary in "engineering and bricklaying" and theatre management no less so. "Take If Strong In Fifth Week as Seattle First Run F.W.C. Buys U.A. Lineup National Theatres (Fox West Coast) has bought the entire United Artists lineup for this season. Jack Schlaifer handled the U.A. end of the transaction, with Spyros Skouras heading the F.W.C. end with Bill Powers, Jack Sullivan and Edward Zobel. Seattle, Nov. 9. — In its fifth week, "You Can't Take It With You" led the town, doing $7,200 at the Lib- erty. It was held. "Men With Wings" was strong, with $7,300 at the Fifth Avenue, and "That Certain Age" and "Campus Confessions" drew well at the Paramount with a take of $6,350. Weather was cool and rainy. Estimated takings for the week end- ing Nov. 4 : "Boys Town" (M-G-M) BLUE MOUSE— (950) (30c-40c-55c) 7 days, 5th week, extended run from Fifth Avenue. Gross: $3,450. (Average, $4,000) "Men With Wings" (Para.) FIFTH AVENUE— (2,500) (30c-40c-55c) 7 days. Gross: $7,300. (Average, $7,000) "You Can't Take It With You" (Col.) LIBERTY— (1,800) (20c-30c-40c-55c) 7 days, 5th week. Gross: $7,200. (Average, $5,000) "The Arkansas Traveler" (Para.) MUSIC BOX— (950) (30c-40c-55c) 7 days, 2nd week, extended run from Orpheum. Gross: $3,700. (Average, $4,000) "The Mad Miss Manton" (RKO) "Broadway Musketeers" (F. N.) ORPHEUM— (2,450) (30c-40c) 7 days. Gross: $5,800. (Average, $6,000) "The Higgins Family" (Rep.) "In Old Mexico" (Para.) PALOMAR— (1,500) (15c-25c-30c-40c) 7 days. Vaudeville headed by Andrini Brothers. Gross: $4,900. (Average, $5,000) "That Certain Age" (Univ.) "Campus Confessions" (Para.) PARAMOUNT— (3,050) (30c-40c) 7 days, 2nd week. Gross: $6,350. (Average, $6,000) U. S. Charges Contempt of Chicago Anti-Trust Decree {Continued from pane 1) Date Wisconsin Film Week Madison, Wis., Nov. 9. — Gov. Philip F. LaFollette and Mayor James R. Law have proclaimed Nov. 13 to 19 as "Motion Picture Week." Special promotions are to be put on. of the filing of the suit. An injunc- tion was denied Oct. 20 by U. S. District Judge Wilkerson. Several attempts have been made to settle the case. One of these was a demand for an elimination of duals which B. & K. refused. This was followed by negotiations for an adjust- ment of clearance. Gradwell L. Sears, Ned E. Depinet and William C. Gehring made up a distributors' com- mittee which held a number of con- ferences with exhibitor leaders. The litigation, which was ended on April 8, 1932, by .the entry of a con- sent decree, extended over three years with the most impressive battery of legal talent assembled in an anti- trust suit up to that time. The de- cree was entered upon the stipulation that none of the defendants admitted guilt of the charges set forth in the petition. Effect of the decree was limited to future activities in the Chicago area, but the meaning of the judgment was differently interpreted by the various parties to the suit. Counsel for the de- fendants maintained that the decree upheld the validity of block-booking, but the Department of Justice and the Allied States Association pointed out that block-booking was available to a company acting alone and that con- certed action between companies was prohibited. Questions relating to ar- bitrary clearance, purchase of pic- tures in excess of normal requirements, and forcing of shorts were covered in the decree, but the defense maintained that lack of specific definitions de- prived the decree of any significance, while the Department of Justice and Allied hailed the ruling as a "victory and a valuable precedent." It was stated at the time that the defense agreed to the decree in order to save the expense of further litiga- tion. It was pointed out that the decree did not prevent single action by any company and that any collusive action was barred under the Sherman Anti-Trust Law in any event. With Wings' Los Angeles Hit, $24,000 Los Angeles, Nov. 9. — "Men With Wings" was a smash hit at the Para- mount. It rolled up $24,000 and was held. This was the only important gross of the week. "Drums" was slightly over par with $3,396 in its fifth week at the 4-Star and "Hard to Get," with "Gangster's Boy," went into the profit column with $13,500 at Warners' Downtown, but elsewhere business was off. Estimated takings for the week end- ing Nov. 9 : "Just Around the Corner" (20th-Fox) "Road Demon" (20th-Fox) CHINESE — (2,500) (30c-75c) 7 days. Gross: $6,636. (Average, $12,500) "Drums" (U.A.) 4 STAR— (900) (40c-55c) 6 days, 5th week. Gross: $3,396. (Average, $3,250) "You Can't Take It With You" (Col.) HILLSTREET— (2,700) (30c-65c) 5 days, 6th week. Gross: $6,000. (Average, 6,500) "Just Around the Corner" (20th-Fox) "Road Demon" (20th-Fox) LOEW'S STATE — (2,500) (30c-75c) 7 days. Gross: $9,007. (Average, $14,000) "You Can't Take It With You" (Col.) PANTAGES— (3,000) (30c -65c) 5 days, 6th week. Gross: $4,500. (Average, $7,000) "Men With Wings" (Para.) PARAMOUNT — (3,595) (30c-65c) 7 days. Stage: revue, Rube Wolf and his orchestra. Gross: $24,000. (Average, $18,000) "Hard to Get" (W.B.) "Gangster's Boy" (Monogram) WARNER BROS. (HOLLYWOOD) — (3,000) (30c-65c) 7 days. Gross: $13,000. (Average, $14,000) "Hard to Get" (W.B.) "Gangster's Boy" (Monogram) WARNER BROS. (DOWNTOWN) — (3,400) (30c-65c) 7 days. Gross: $13,500. (Average, $12,000) "Citadel" $14,200 Grosser at Buffalo Buffalo, Nov. 9. — "Citadel" got off to a fast start at the Buffalo on a gross of $14,200. "Men with Wings" also was strong with $10,700 and was held over at the Great Lakes. "That Certain Age" took a strong $9,300 in its second week at the Lafayette. Estimated takings for the week end- ing Nov. 5 : "The Citadel" (M-G-M) BUFFALO' — (3,000) (30c-55c) 7 days. Gross: $14,200. (Average. $12,000) "Men With Wings" (Para.) GREAT LAKES— (3,000) (30c-50c) 7 days. (Held over.) Gross $10,700. (Average. $7,500) "Five of a Kind" (20th-Fox) "Vacation from Love" (29th-Fox) HIPPODROME— (2,500) (25c-40c) 7 days. Gross: $6,000. (Average, $6,800) "Mr. Doodle Kicks Off" (RKO) "A Man to Remember" (RKO) CENTURY— (3,000) (25c) 7 days. Gross: $6,200. (Average, $6,000) "That Certain Age" (Univ.) LAFAYETTE: — (3,300) (25c) 7 days, 2nd week. Gross: $9,300. (Average, $6,300) State-Lake Transfer Details Agreed Upon Chicago, Nov. 9. — Balaban & Katz and Jones, Linick & Schaefer today reached an agreement on transfer of the State-Lake to the latter Nov. 18. The house will be closed at that time for remodeling and will reopen Christ- mas day with a combination stage and screen policy. J. L. & S. will reopen the Oriental Nov. 18. MOTION PICTURE DAILY Thursday, November 10, 1938 'Sisters' Tops Chicago Gross With $36,000 Chicago, Nov. 9. — "The Sisters," with $36,000 at the Chicago, was the high spot in a week of fair business. Numerous holdover films held the total Loop gross down. "You Can't Take It With You," back in the Loop, this time at the Garrick, did a good $7,000. The weather was fair and warm most of the week. Estimated takings for the week end- ing Nov. 1-4 : "Drums" (U. A.) APOLLO— (1,400) (35c-55c-65c) 7 days. 2nd week. Gross: $5,400. (Average, $6,500) "The Sisters" (W. B.) CHICAGO— (4,000) (35c-55c-75c) 7 days. Stage: Orrin Tucker & Band. Gross: $36,- 000. (Average, $32,000) "That Certain Age" (Univ.) PALACE— (2,500) (35c-55c-75c) 7 days, 3rd week. Stage: Chester Hale Girls and Revue. Gross: $15,000. (Average, $19,000) "Speed to Burn" (20th-Fox) STATE-LAKE— (2,776) (20c-30c-40c) 7 days. Stage: Verne Buck and Revue. Cross: $11,000. (Average, $13,000) "You Can't Take It With You" (Col.) GARRICK— (900) (30c-50c-50c) 7 days. Gross: $7,000. (Average, $6,500) "Too Hot to Handle" (M-G-M) ROOSEVELT— (1,300) (35c-55c-75c) 7 days, 2nd week. Gross: $11,300. (Average, SI 1.000) "Beys Town" (M-G-M) UNITED ARTISTS— (1,700) (35c-55c-75c) 7 days, 4th week. Gross: $10,600. (Aver- age, $15,000) "Suez" Is $30,000 Leader at Detroit Detroit, Nov. 9. — "Suez," with a stage show, packed the Fox all week and grossed $30,000. "Men With Wings" and "Garden of the Moon" gave the Michigan a nice $10,000. The Adams, taking over "Carefree" for a second run and add- ing "Mr. Doodle Kicks Off" for a dual bill, took $4,300. Estimated takings for the week end- ing Nov. 4 : "Carefree" (RKO) "Mr. Doodle Kicks Off" (RKO) ADAMS— (1,700) (15c-40c) 7 days. Gross: $1.~00. (Average, $5,000) "Suez" (20th-Fox) FOX— (5,000) (15c-65c-7 days. Stage: Gil Lamb, Rex, Roper and Masie. Sallie Joe Nelson and Jean Mona. Gross: $30,000. (Average, $20,000) 'Men With Wings" (Para.) "Garden of the Moon" (F. N.) MICHIGAN— (4,000) (15c-65c) Gross: $10,000. (Average, $10,000) "Valley of the Giants" (W. B.) "10th Avenue Kid" (Republic) PALMS-STATE— (3,000) (15c-50c) Gross: $4,700. (Average, $5,000) "Citadel" (M-G-M) UNITED ARTISTS — (2,000) (15c-50c) days. Gross: $7,500. (Average. $10,000) days. days. Bourgeois Joins G. N. Kansas City, Nov. 9. — .0. K. Bour- geois of Atlantic Pictures has been named traveling auditor for Grand National and will work with J. A. A. Smith, auditor for this division, until assigned. Midwest Opens at K. C. Kansas City, Nov. 9. — Fox Mid- west Theatres, Inc., has reopened the State at Topeka, Kan., closed for years, with Chuck Lindquist in charge. Hollywood Previews "Thanks for the Memory" {Paramount) Hollywood, Nov. 9. — With this appearance, Bob Hope, one-time vaudevillian, m.c. and general handy man of entertainment, glides into the front rank of motion picture comedians. He compares most directly, in screen manner, to Jack Benny, and he has, in this appear- ance, the cooperation of Benny's radio valet. Rochester ( otherwise Eddie Anderson), as well as that of Charles Butterworth, Ed Gargan and Roscoe Karns. The measure of Hope's ability is his easy supremacy over these able comedians in the laugh-producing department, which is plenty. Now would be a good time to break out the seven broad-gauge marquee letters it takes to tell the public Hope has arrived. He plays opposite Shirley Ross, who sang with him in "The Big Broadcast of 1938." The picture is a modern version of the Albert Hackett-Frances Goodrich play, "Up Pops the Devil," refurbished by Lynn Starling, screen playwright. Otto Kruger is the very gentlemanly romantic threat this time, Patricia Wilder is the very ingenuous fourth side of the quadrangle, while Hedda Hopper, Laura Hope Crews, Emma Dunn and William Collier, Sr., perform other assignments admirably. George Archainbaud directed. Mel Shauer was associate producer, and the single song, sung by Hope and Miss Ross in the casual manner of their "Thanks for the Memory," which they also go back to briefly here, is "Two Sleep)' People" by Hoagy Carmichael and Frank Loesser. The story, it may be recalled, is about a young novelist who takes on the household duties by way of getting time to do his writing, his wife working the while, and this unnatural division of labor resulting in a rift ultimately closed by imminence of a blessed event. The treatment is for laughs throughout and Hope had a Hollywood preview audience holding its sides a great deal of the time. Running time, 77 minutes. "G."* Roscoe Williams. 'The Headleys at Home" {Standard Pictures ) Hollywood, Nov. 9. — "The Headleys at Home," Standard Pictures initial production, is a mixture of domestic comedy and crime melo- drama. Offering Evelyn Venable, Grant Mitchell, Vince Barnett, Benny Rubin, Louise Beavers, Kenneth Harlan, Edward Earle and Robert Whitney, who was in the first two of the "Judge Hardy" series, as its leading name values, the show also features Betty Roadman and five- year-old Alicia Adams. The story, which was adapted from the play, "Among Those Present," by Garrington North and William Miles, its authors, and Nicholas Bela, was produced by B. W. Richards and directed by Chris Beute. Specialty comedy featuring Rubin and Barnett, plus a fair amount of action, accentuate the amusement provided by the Headleys. Miss Roadman, wife of Mitchell, a small town banker, has social ambitions. Learning that a famous financier, Earle, is coming to town, she invites everybody to a reception for the man who was her husband's college classmate. Complications arise, however, and after Mitchell's bank has been held up, Whitney, boy friend of Evelyn Venable, arranges with the crook, Harlan, to impersonate Earle. Mitchell, in a dither, identifies Harlan as the robber. Thereupon ensues sequences which break up the reception and lead to Harlan's capture just as the real chum arrives. Running time, 60 minutes. "G."* G. McC. *"G" denotes general audience classification. "Prison Train" (Equity) Hollywood, Nov. 9. — Melodrama and grim humor aboard a railroad car transporting convicts to Alcatraz are the entertainment and com- mercial substance of "Prison Train." Convicted for the murder of James Blakely, policy racketeer, Fred Keating is verbally derided and abused by his fellow prisoners. Alex- ander Leftwich, the boy's father, plots vengeance upon him. Suspense and rough comedy, through which is woven a thread of romance involv- ing Keating's sister, Linda Winters, and Val Stanton, Federal officer in charge of the convicts, carry the theme until Leftwich's mob captures the train. Keating visions an escape only to be mowed down by Left- wich, who himself is killed. "Prison Train" is the first production for newly formed Equity Pic- tures. It was based on a story by Matthew Borden which Spencer Towne adapted and Gordon Wiles directed. Lacking in outstanding screen names, the film presents several well known performers who turn in creditable performances. Running time, 65 minutes. "A."* G. McC. "A" denotes adult classification. "Can't Take" Boston's Best With $22,000 Boston, Nov. 9. — "You Can't Take It With You" and "Men With Wings" vied for top honors. "You Can't Take It With You," paired with "Vacation From Love" at the State and Orpheum, drew $16,000 and $20,- 000 respectively. "Men With Wings," with "Road Demon" at the Metror^i- tan, took $20,000. _ "If I Were King," playing with "Mysterious Mr. Moto" at the Para- mount and Fenway, was strong with respective figures of $11,000 and $7,000. Estimated takings for the week end- ing Nov. 5 : "If I Were Kins" (Para.) "Mysterious Mr. Moto" (20th-Fox) FENWAY — (1,382) (25c-35c-40c-55c) 7 davs. Gross: $7,000. (Average, $4,500) "You Can't Take It With You" (Col.) "Vacation From Love" (M-G-M) LOEWS ORPHEUM — (2,907) (25c-35c- 4flc-55c) 7 davs. Gross: $22,000. (Average. $12,000) "You Can't Take It With You" (Col.) "Vacation From Love" (M.G-M) LOEWS STATE— (3.537) (25c-30c-40c-55c) 7 davs. Gross: $16,000.' (Average: $11,000) "Men With Wings" (Para.) "Road Demon" (20th-Fox) METROPOLITAN— (4,332) (25c-35c-40c- 55e) 7 davs. Gross: $20,000. (Average. $11,000 ) "If I Were King" (Para.) "Mysterious Mr. Moto" (20th-Fox) PARAMOUNT— (1,790) (25c-35c-40c-55c i 7 days. Gross: $11,000. (Average, $9,000) "That Certain Age" (Univ.) "Mr. Doodle Kicks Off" (RKO)) RKO MEMORIAL— (2,970) (25c-35c-40c- 55c) 7 davs. Gross: $10,000. (Average. $13,000) Horror Dual Smash Hit at New Haven New Haven, Nov. 9. — "Franken- stein" and "Dracula" attracted enough patrons to the College to almost double the usual seven-day business in six ; the gross was $4,600. At the Roger Sherman "The Sis- ters" and "Mr. Chump" took $7,500. "Suez" and "Keep Smiling" grossed $9,100 and the bill was moved to the College for a second week. "Arkansas Traveler" and "Sons of the Legion" staved nine days at the Paramount and grossed $4,800. Estimated takings for the week end- ing Nov. 4 : "Dracula" (Univ.) "Frankenstein" (Univ.) COLLEGE — (1,499) (25c-35c) 6 davs. Gross: $4,600. (Average, $2,500) "Suez" (20th-Fox) "Keep Smiling" (24 per cent wage reduction from the Motion Picture Projectionists' Union, Local 164. The union is expected to vote on the proposal shortly at a gen- (Continued on page 4) Sarnoff Urges Trade Code For Radio, Scores Censors Washington, Nov. 14. — ■ David Sarnoff, president of RCA, testifying as the first witness to be called in the monopoly hearings being held by the Federal Communications Commission, Additional developments in radio yesterday on page 11. came out for self-regulation of radio, admitting at the same time that net- work operations can be improved upon. He suggested a fair practice code be set up for the trade. But whether or not he obtained his regulation theories from the highly systematized film industry was neither questioned nor indicated. (Filmdom is presently engaged in setting up a self-regula- tion code of its own.) Stating that the "time has come for more positive action," Sarnoff said that out of such a coalition of experiences "an industry code should emerge that advances beyond all pre- vious standards." Such a code, he said, "should be an act of voluntary self-regulation on the part of the en- tire broadcasting industry in the United States." Opening the hearing, Sarnoff as- serted that the fate of broadcasting in other nations makes it imperative for the radio industry in America td (Continued on page 11) Minimums No Obstacle as Technical Phases Only To Be Worked Out There is agreement on 80 per cent of the essential terms of a supplemen- tary pact to the Dramatists' Guild basic contract, having to do with film financing of legit production, and a tentative contract with full terms may be ready for submission to dramatists and managers before Dec. 15. Principal matters still to be ironed out relate to technical phases which will insure the good faith of all par- ties to the contract and to stop pos- sible loopholes. Under the present contract, the dramatist holds exclusive control over the sale of film rights to a play, but shares the proceeds with the producer. The modification would provide that where film com- panies provide the financial backing, rights to the play shall be sold before production for cash, with additional payments of a fixed percentage of the gross for each week of the show's Broadway run. Since the length of the run deter- (Continued on page 4) Set Final Trade Meet Date Today Date for a final trade prac- tice negotiating meeting be- tween the M.P.T.O.A. and distributors will be deter- mined today at a conference between Sidney R. Kent, chairman of the distributors' committee, and Ed Kuyken- dall, M.P.T.O.A. president. Kent and Kuykendall may hold preliminary conferences on the effective date of the trade practice program at their meeting today. The M.P.T.O.A. is urging that the program be placed in effect immediately upon its com- pletion, whereas the distribu- tors' commitee, although not finally committed, has sug- gested that it be held in abeyance until the new buy- ing season. The M.P.T.O.A. and distributors are in agree- ment on all other major phases of the program. The final committee meeting is designed primarily to confer on the phraseology of the program and the effective date. MOTION PICTURE DAILY Tuesday, November 15, 1938 Insiders' Outlook Myers and Rodner On Ohio ITO List 2 4 Purely Personal ► STANTON GRIFFIS, chairman of the Paramount executive commit- tee, has made television in Paramount a fact. One of DuMont's new re- ceivers has been installed in his office in the Paramount Building. • Herman Wobber, 20th Century- Fox distribution chief, returned yester- day from the coast and may return there in 10 days for further confer- ences with Darryl F. Zanuck. • Pat Casey is en route to Holly- wood, where he will remain for about six weeks. He plans to be back in New York for the Christmas holidays. • Edward G. Levy, M.P.T.O.A. gen- eral counsel, arrived in New York yesterday for the final trade practice conferences here. • Spyros Skouras, National Thea- tres operation head, is expected back tomorrow from conferences with di- vision heads. • H. M. Richey, director of exhibitor relations for RKO, is expected back Friday from a trip to Pittsburgh and Columbus. • David O. Selznick is recovering from an attack of influenza in Bermu- da, where he went for a brief vaca- tion. • Sonja Henie is in Houston on the first leg of her two-month skating tour with a troupe of 60. • Douglas Fairbanks, Sr., is ex- pected in New York from Hollywood on Friday. • Will H. Hays plans to leave for the coast this weekend. • Dick Anderson is confined to St. Luke's Hospital. H. J. Yates may leave for the coast late this week. Bergman in Sales Post Cleveland, Nov. 14. — I. J. Schmertz, local 20th Century-Fox branch man- ager, has named Edwin Bergman as city district sales manager succeeding "Davey" Davidson, who retired after 21 years with the company. Ted Scheinberg has been transferred from the Albany office to take over Berg- man's former territory. MITCHELL MAY, Jr. CO., INC. • INSURANCE Specializing in requirements of the Motion Picture Industry 75 Maiden Lane, New York 510 W. 6th St. Los Angeles WALTER WANGER in the current issue of the flamboyant Ken complains about blackmail. "Unless a picture-maker," says Mr. Wanger, "buys a consider- able volume of advertising space for a new film, he is quite likely to see it roundly panned or at best damned with faint praise by some of the trade papers." Blackmailers, journalistic or otherwise, exist because there are those who for reasons best known to themselves pay black- mail. Which reminds us — per- haps only capriciously — of the review in a Hollywood paper of Wanger's "Stand-In." A producer, whether he be Mr. Wanger or another, ought to know that the bought and paid for review is simply pouring money down a rat-hole — in more ways than one. It is ignored by the exhibitor and fools no one but the producer who ought, after all, keep his weakness to himself. ▼ ▼ Decision whether investigation of the copyright situation shall be undertaken by the Federal Com- munications Commission as part of its probe of monopoly in broadcasting or by the temporary economic committee which launches its study Dec. 5, has not yet been reached. Representatives of the two groups are negotiating, it was revealed during the examination of NBC officials by an F.C.C. committee. If the commission is to undertake the study it will en- ter into the hearings during tes- timony of NBC, which some years ago formed the Radio Music Co. to hold copyrights of a number of music publishers. If the Administration monopoly committee reserves the copyright investigation for itself, NBC's ac- tivities in the copyright field will Conn. MPTO Special Session on Thursday New Haven, Nov. 14. — Connecti- cut M.P.T.O. has called a special luncheon meeting at the Hofbrau Haus Restaurant on Thursday. Reports on the M.P.T.O.A. convention in Okla- homa City and the trade practices talks will be given by Irving C. Jacocks, Jr., president ; Arthur Lock- wood, first vice-president, and Ed- ward G. Levy, executive secretary. Toronto Fighting Bingo Toronto, Nov. 14. — Toronto Police Department continues to conduct a crusade against Bingo. In the latest case, Egbert Harte was fined $200 by Magistrate Browne in Toronto Po- lice Court for operating Bingo and the equipment seized in the raid was con- fiscated. not be explored by the F.C.C, it was indicated. T T United Artists releases grossed strongly over the weekend. Com- pany has four pictures out. "The Cowboy and the Lady" returned $21,582 in its first four days at Warners' Hollywood and Downtown, Los Angeles, to fin- ish 60 per cent over average and earn a second-week holdover on the twin booking. In four Fox West Coast locales, the same pic- ture did $1,740 over the weekend in Bakersfield, $1,270 in Santa Ana, $1,580 in Pomona and $1,- 015 in Ventura. "The Young in Heart" took $11,000 in four days at the Aldine, Philadelphia, to earn a holdover. At the Or- pheum, Omaha, it did $5,700 in three days, and at the Para- mount, Des Moines, it was 50 per cent over average with $4,- 900 for three days. At the Music Hall, the first four days of its second week tallied $56,900, com- pared with $54,800 for the first four days of its opening week. "There Goes My Heart" took $11,700 in four days at the Albee, Cincinnati, and "Drums" gar- nered $4,700 in its first five days at the Ritz, Albany, and $3,532 for Saturday and Sunday at the State, Rockford, 111., setting what is believed a new opening week- end record there. T T Plans for opening film houses in key cities to road shows of legitimate stage productions has been presented to the American Theatre Council for discussion with industry heads, Equity, organ of Actors Equity, will re- veal today. The suggestion was made in the belief that road shows would stimulate interest in the theatre and would prove a valu- able training ground for screen talent. Canadian Loew Deal Is Renewed by U. A. Toronto, Nov. 14. — United Artists Corp., Ltd., has renewed its contract for two years for first runs in To- ronto and London, Ont., with1 the Loew house in each of these cities, the agreements also including book- ings on London Films' productions which are now controlled in the Dominion by United Artists. Alexander Korda's "Drums" is scheduled to play the Uptown here, following "You Can't Take It With You," now in its fifth week, having been transferred to the Famous Play- ers' house under the compromise reached between President N. L. Nathanson of Famous Players Cana- dian and London Films in settlement of the dispute over the five-year con- tract for Canadian distribution by Regal Films, Ltd., also controlled by Nathanson. Columbus, Nov. 14. — Annual con- vention of the I.T.O. of Ohio will open here tomorrow for two days, with Abram F. Myers, national Allied general counsel, as a principal speaker. Sessions will be held at the Deshler- Wallick Hotel. Among speakers listed on the^v^o- gram are Harold Rodner, exe"* -■Ave vice-president of the Will Rogers Memorial Foundation; H. M. Ri«shey, j former Allied leader, now director of exhibitor relations for RKO ; Harry Goldberg, director of advertising and publicity for the Warner circuit ; Ed- ward Golden, Monogram vice-presi- dent. Newly elected state officials are scheduled to attend the banquet Tues- day night. A display of theatre equipment and accessories will be held. Legion Approves 10 Of 11 New Pictures National Legion of Decency has ] approved 10 of 11 new pictures for i the current week, eight for general patronage, two for adults, and has classified one as objectionable in part. | The new films and their classification follow : Class A-l, Unobjectionable for Gen- eral Patronage — "Exposed," "Frontier Scout," "Gangster's Boy," "Lawless Valley," "Law of the Texan," "Spring Madness," "Torchy Gets Her Man," "West of Santa Fe." Class , A-2, Unobjectionable for Adults — "Artists and Models Abroad," "Secrets of a Nurse." Class B, Ob- I jectionable in Part— "Angels With | Dirty Faces." Condor Denial Entered Condor Pictures, Inc., George Hirliman, president, Frank Snell and other officers and directors of Condor Pictures yesterday filed their answer in the U. S. District Court to the $50,000 damage suit of 100 stockhold- ers of Condor. The defendants denied a charge that they had filed an untrue financial statement with the SEC, and that the suit was barred by the statute of limitations. MOTION PICTURE DAILY {Registered U. S. Patent Office) MARTIN QUIGLEY, Editor-in-Chief and Publisher; SAM SHAIN, Editor; JAMES A. CRON, Advertising Manager. Published daily except Saturday, Sunday and holidays by Quigley Publishing Com- pany, Inc., Martin Quigley, president: Colvin Brown, vice-president and treasurer. Publication office: 1270 Sixth Avenue at Rockefeller Center, New York. Telephone: Circle 7-3100. Cable addresss: "Quigpubco. New York." All contents copyrighted 1938 by Quigley Publishing Company, Inc. Address all correspondence to the New York office. Other Quigley publications: Motion Picture Herald, Better Theatres, Teatro al Dia, International Motion Picture Almanac and Fame. BUREAUS: — Hollywood: Postal Union T.ife Building, Vine and Yucca Sts.; Boone Mancall, manager; William R. Weaver, editor. Chicago: 624 S. Michigan Ave., C. B. O'Neill, manager. London: 4 Golden Square, W. 1: cable address, Quigpubco, London; Hope Williams, manager. Entered as second class matter Sept. 23, 1938, at the post office at New York, N. Y., under the act of March 3, 1879. Subscription rates per year $6 in the \mericas and $12 foreign. Single copiei 10c. 1) M ademoiselle from Paramount... parlez-vous Mademoiselle from Paramount... harlez-vous When Olympe kisses Ray Milland & ...Exhibitors strike up the band For every kiss means another grand . . . Hmky-dinky, parlez-vous SAY ENGLISH, SAY AMERICAN, SAY IT IN FRENCH, it's beaucoup terrific! A0a»^ u Sto°" at the box-office MOTION PICTURE DAILY 4 Japanese May Open Door to 250 US Films (Continued from page 1) censor boards will be more watchful to see that only films compatible with Japanese policies are permitted to enter. The 90 features permitted to enter under the arrangement reached Oct. IS are about one-third the number for which permits were asked. Prospects for better business by American com- panies are now seen at least for the forthcoming half year, as it is con- sidered likely that import permits will continue to be given for the balance. The agreement between the Finance Office and the AM PA of Japan, which includes the eight big Ameri- can companies, provides : 1. Import of films handled by these companies is permitted up to $30,000 print cost, as calculated at one and a half cents a foot, for September, October, November and December. 2. Remittance of accumulated royal- ties, plus the royalties obtainable for the last four months of this year, shall be approved up to maximum of 3,000,- 000 yen ($825,000 at the current rate of exchange in New York) on condi- tion this amount will not be paid im- mediately to the New York home of- fices but remain with the San Fran- cisco branch of the Yokohama Specie Bank without interest for three years. Eight Seek Permits The eight companies applied for im- port permits last August, and the present arrangement derives from that application. A small number of short subjects were given import licenses in September, about a month before the agreement covering features was reached. Japan's import permit covers all foreign films. A dozen independent Japanese film companies, handling European and American product ex- clusive of that imported by the eight major firms, have also been given permits, although for a smaller num- ber of pictures. Manchukuo Motion Picture Asso- ciation has agreed to supply the inde- pendent Japanese companies with 40 German pictures which are being im- ported into Manchukuo. This agree- ment results from a reciprocal trade agreement signed early this year be- tween Manchukuo and Germany. Of the 12 companies which have been permitted to distribute the 40 German films, four, including Towa Shoji, Sanyei-sha, Kokko and Sanwa- Shoji, will get 20 films, and the other eight companies get the other half at the rate of about two per company. Standard Forms Own Distribution System Standard Pictures is setting up its own distributing organization, to be known as Standard Distributing Corp. to market its 12 films. The firm will endeavor to set up a sales organiza- tion in principle keys. Officers of Standard are B. W. Richards, presi- dent; George E. Trainer secretary and general manager; H. C. Leavitt, vice-president ; George Laganas, treas- urer. Stockholder Sues Smith-Rogers Firm Proceedings were instituted yester- day in the N. Y. Supreme Court by William Mayer as stockholder to com- pel S. M. M. H. Corp., C-Lens Corp. and Studio C-Lens Corp. to turn over their books and records to him for inspection. The application also named respond- ents Courtland Smith as president, and Saul Rogers, as secretary of the com- panies and stated that the purpose of the inspection was to determine why no dividends had been paid by the cor- poration. According to the petition, S. M. M. H. Corp. is engaged in mak- ing non-intermittent cameras and pro- jectors for motion pictures. C-Lens Corp. is a holding company on patents covering film projector lenses and Studio C-Lens Corp., which manu- factures lenses, has allegedly made contracts with M-G-M, Pathe News and other companies. Trampe on Milwaukee Pictures Commission Milwaukee, Nov. 14. — Mayor Daniel W. Hoan has named Charles W. Trampe to the film commission to fill the vacancy created by the resig- nation of George Fischer. Trampe is head of Monogram Mid- West Film Co. and Film Service, Inc. ; chief barker of the local Variety tent, president of the Film Board, and is also affiliated with the Fox organi- zation as a partner in several theatres. He recently was honored by the in- dustry on the occasion of his 25th an- niversary in the business. Postpone UA Board Meet Meeting of the United Artists board of directors scheduled for yesterday was postponed until next week to ac- commodate Mary Pickford and Doug- las Fairbanks, both of whom are out of the city. Understood the meeting may be held Nov. 25, although a defi- nite date has not been set yet. Annual meeting of United Artists stockholders, scheduled for Friday, may be further postponed. I (Continued from page 1) mines the price of the play, the dramatists are seeking safeguards to prevent the premature closing of shows. A formula is being drafted under which the producer would con- tinue the show when certain basic costs are met. However, it is to be recognized that all possibilities can- not be foreseen, and an arbitration board may be set up for the hearing of disputes. Such a board, of course, would have to be prepared to meet on short notice and render final de- cisions within a few hours. Terms of sale might be subject to individual negotiation, with certain minimums. Although the minimums have not yet been fixed, it is under- stood that they do not constitute a major obstacle. Jake Wilk, Warner story editor, is sitting in on discus- Stassen May Not Back Divorcement Minneapolis, Nov. 14. — Governor-elect Harold Stas- sen may oppose the theatre divorcement bill which is ex- pected to be introduced in the legislature early next year, according to the belief in industry circles here. Stassen is more conservative than Gov. Flmer Benson, who was defeated. However, on the basis of a poll taken under the direction of W. A. Steffes, Northwest Allied head, he says that the new legislature will favor the measure. Milwaukee Theatres Seek Operator Cut (Continued from page 1) eral meeting. Exhibitors maintain that they require relief if they are to con- tinue in business. A two-year contract signed with the union a year ago pro- vided for a 2yi per cent increase in projectionists' wages, effective Nov. 1 of this year, but exhibitors have re- fused, to date, to pay the increase and now request additional relief. Directors Are Named By Ohio Cooperative Cleveland, Nov. 14. — Members of Cooperative Theatres of Ohio, formed by Milton A. Mooney, have elected the following directors : Paul Gus- danovic, James E. Scoville, Frank Porozynski, Albert E. Ptak, all of Cleveland; F. E. Price, Newark and W. A. Smith, Akron. New members of Cooperative Theatres of Ohio in- clude the Union, Cleveland ; Lincoln, Dennison, and Ohio and State, Uhrichsville, bringing the total to 35 theatres. sions with Sidney R. Fleischer, Guild attorney, and Luise Sillcox, who act for the dramatists. Guild officials profess ignorance of whether Wilk is acting only for Warners or on behalf of all major studios, but point out that any company would be welcome at the conferences and that the final agreement will be available on the same terms to all. When a tentative agreement is reached, it will be submitted to the Guild council, which will present the matter to a special meeting of the en- tire membership. Approval will also be required from theatrical managers who are also parties to the basic con- tract. Emphasis is made that any agreement now reached will not change the present contract but will merely add a supplementary pro- vision. Tuesday, November 15, 1938 Coast Studios Set Production Mark; 45 Films in Work Hollywood, Nov. 14. — Forty-five pictures are in work this week, one more than last week's total, as 10 finished and 11 started. Twenty-two are being prepared and 72 are beyng edited. C- ^ Started were: "Rio Grande Roue-u- up," Columbia ; "Exile Express," Coronado; "Skids," M-G-M; "White Slaves," RKO ; "Shine on, Harvest Moon," Republic; "Dangerous Car- go," 20th Century-Fox; "The Phan- tom Stage," "Newsboys' Home," "The Son of Frankenstein," Univer- sal; "Dodge City," Warners. Shooting, in addition to these, were : "Ice Follies," "Honolulu," "The Wizard of Oz," "The Awakening of Katherine," "Idiot's Delight," "I Take That Woman," M-G-M ; "Cafe Soci- ety," "Hotel Imperial," "Never Say Die," "Persons in Hiding," "Parents on Probation," "Union Pacific," and "Bulldog Drummond's Secret Police," Paramount ; "The Pure in Mind," "Love Affair," "The Great Man Votes," "Pacific Liner," "The Castles," "Beauty for the Asking," RKO; "Federal Man Hunt," Repub- lic ; "It's Spring Again," Roach ; "Tail Spin," "The Little Princess," "Charlie Chan in Honolulu," "Wife, Husband and Friend," "Dangerous Cargo," 20th Century-Fox ; "Swing. Sister, Swing," "Gambling Ship," Universal ; "Stage Coach," Wanger ; "Dark Victory," "Oklahoma Kid," "Yes, My Darling Daughter," "Al- ways Leave Them Laughing," "The Adventures of Jane Arden," "Nancy Drew, Reporter" and "Dodge City," Warners. Warners here probably will have 75 per cent of its scheduled product for the 1938-39 season completed by Jan. 1. With 28 features already com- pleted for the season, 39 of its pro- ductions should be ready for release by the first of the year. Finished were : "There's That Wo- man Again," "California Cavalcade," Columbia; "Lady Buckaroo," Coro- nado ; "Stand Up and Fight," "A Christmas Carol," M-G-M; "Desert Bracelets," Paramount; "Red River Range," Republic ; "The Three Mus- keteers," 20th Century-Fox ; "Little Tough Guys in Society" and "Pirates of the Skies," Universal. M-G-M started two short subjects and Columbia one. Four are being prepared, and 11 are being edited. Cincinnati Clamps Down Ban on Bingo (Continued from pane 1) revenue." Both downtown and sub- urban theatres have experienced ap- preciable declines in attendance for which exhibitors claim Bingo has been directly responsible. Concurrently with release of the city order, State Senator Lawrence A. Kane announced he would draft a bill for introduction at the General Assembly convening in January, to amend the gambling laws to legalize the game sponsored for educational or charitable purposes. Dramatists -Film Truce May Be Possible by December 15 MOTION PICTURE DAILY Tuesday, November 15, 1938 "Brother Rat" Phila. Leader With $16,000 Philadelphia, Nov. 14. — No smashes were recorded here, but the gggeral trend was optimistic. "Brother I— n gleaned $16,000 at the Fox. "Man to Remember" did a strong $9,000 at the Aldine. > Best grosses of the week — though it I wasn't sensational for the house — was the $18,000 figure at the Earle for the stage-screen bill of Horace Heidt and 1 "Broadway Musketeers." "Men With Wings" was strong. Estimated takings for the week end- ing Nov. 11 : "Man to Remember" (RICO) ALDINE — (1,300) (40c-55c-65c) 7 days. Gross: $9,000. (Average, $8,160) "Marie Antoinette" (M-G-M) ARCADIA— (600) (25c-40c-55c) 7 clays. Gross: $2,700. (Average, $2,800) "The Citadel" (M-G-M) BOYD— (2,400) (40c-55c-65c) 7 days, 2nd week. Gross: $10,000. (Average, $14,000) "Broadway Musketeers" (W. B.) EARLE— (2,000) (25c-40c-55c) 6 days. Stage: Horace Heidt, orchestra and revue. Gross: $18,000. (Average, $14,000) "Brother Rat" (W. B.) FOX— (3,000) (40c-55c-65c) 7 days. Gross: $16,000. (Average, $14,000) "You Can't Take It With You" (Col.) (2nd run) KARLTON— (1,000) (25c-40c-55c) 7 days, 2nd week. Gross: $3,800. (Average. $4,000) "There Goes My Heart" (U. A.) KEITH'S— (2,000) (25c-40c-5Sc) 7 days. Gross: $3,200. (Average, $4,000) "Men With Wings" (Para.) STANLEY— (3,700) (40c-55c-65c) 7 days. Gross: $15,000. (Average, $14,000) "Dark Rapture" (Univ.) STANTON— (1,700) (2Sc-40c-55c) 7 days. Gross: $6,000. (Average, $7,000) Washington's Allied Headed by C.H. Olive Washington, Nov. 14. — C. H. Olive has been elected president of Allied Theatre Owners of the Dis- trict of Columbia for a fifth term. He represents the unit on the national Allied board. Others elected are : Ashley Abend- schein, vice-president ; John H. Hiser, treasurer; Benjamin Tendler, chair- man, board of directors ; W. R. Gin- gall, secretary. The unit is seeking to increase its membership by inviting exhibitors from nearby Virginia and Maryland to become members. William E. S. Wilcox, who recent- ly sold his interests to Warners, has submitted his resignation. Fred S. Kogod, owner of the Atlas Theatre and a leader in the independent grocer's fight against the chains, has been accepted as a member. Charles Mack Dies Cincinnati, Nov. 14. — Charles Mack, 73, vaudeville trouper for SO years, formerly teamed with Charles Murray, now in pictures, died at his home here following a long illness. A daughter and sister survive. Felix Hermann Passes New Orleans, Nov. 14. — Felix A. Hermann, known to theatre patrons of former years as "Herman the Great," a competitor of Thurston, Blackstone and other magicians, died here at the age of 56. Bowers Play Opens Vanderbilt Tonight "Where Do We Go From Here?" a comedy by William Bowers set in a midwestern fraternity house, opens to- night at the Vanderbilt. Oscar Hamerstein and Dwight Tay- lor are the producers, with the staging done by Anatole Winogradofif. The cast in- cludes Michael Owen, John James, Stanley Becker, Ed- mund Glover, Don DeFore and others. Opening of "Lorelei" which was set for last night, was switched at the last moment to Thursday. "MantonV $18,700 and "Suez" $17,400 Top San Francisco San Francisco, Nov. 14. — "Suez" drew the week's best gross, with $17,- 400 at the Paramount. Close behind was "The Mad Miss Manton" at the Golden Gate, with $18,700. "Men With Wings" took $14,500 at the Fox, a strong second week's gross. Estimated takings for the week end- ing Nov. 8-11 : "The Mad Miss Manton" (RKO) GOLDEN GATE— (2,850) (35c-40c-55c) 7 days. Stage: vaudeville. Gross: $18,700. (Average, $16,000) "There Goes My Heart" (U. A.) UNITED ARTISTS— (1,200) (15c-35c-40c- 55c-65c) 7 days, 2nd week. Gross: $7,000. (Average, $7,000) "That Certain Age" (U.) "Personal Secretary" (U.) ORPHEUM— (2,440) (15c-35c-40c-55c) 7 days, 3rd week. Gross: $8,800. (Average, $8,500) "Suez" (20th-Fox) PARAMOUNT— (2,740) (15c-35c-40c-55c- 75c) 7 days. Gross: $17,400. (Average, $13,000) "Men With Wings" (Para.) FOX— (5,000) (15c-35c-40c-55c-75c) 7 days, 2nd week. Gross: $14,500. (Average, $17,000) "If I Were King" (Para.) "Always in Trouble" (Zftth-Fox) ST. FRANCIS— (1,400) (15c-35c-40c-55c- 75c) 7 days, 3rd week. Gross: $6,500. (Average, $7,000) "The Sisters" (W. B.) "Sharpshooters" (20th-Fox) WARFIELD— (2,680) (15c-35c-40c-S5c-75c) 7 days, 2nd week. Gross: $10,500. (Aver- age, $13,000) "Grand Illusion" (World) CLAY— (400) (15c-35c-40c) 7 days. Gross: $1,200. (Average, $1,300) "Moonlight Sonata" (U. A.) LARKIN— (390) (15c-35c-40c) 7 days, 3rd week.. Gross: $1,050. (Average, $1 ,300) Arkansas /. T. 0. Will Hold Meeting Nov. 20 Little Rock, Ark., Nov. 14. — Arkansas Independent Theatre Own- ers will meet here Nov. 20 and 21, with J. F. Norman, president, presid- ing. Invited as speakers have been Ed Kuykendall, president of the M.P.T. OA. ; Terry Ramsaye, editor Motion Picture Herald. Jack Hoxie, Tex Ritter and Gene Autry, western stars, have been invited to attend from the coast. Open House in N. C. Boone, N. C, Nov. 14. — The Ap- palachian, new 1,000-seat house, has been opened here by Fuller Sams, Jr., of Winston- Salem. College Rally Helps "Darling" to $9,400 Omaha, Nov. 14. — "Listen Darling" and "Sons of the Legion"' grossed $9,400 at the Orpheum. Creighton University rally on stage one night helped boost gross. "Arkansas Traveler" and "Fresh- man Year" pulled $7,400 at the Omaha. "Mad Miss Manton" and "Disney's Revue" were good for $5,400 at the Brandeis. Estimated takings for the week end- ing Nov. 9-12: "The Mad Miss Manton" (RKO) "Disney's Novelty Revue" (RKO) BRANDEIS— (1,200) (25c-3Sc-40c) 7 days. Gross: $5,400. (Average, $4,000) "The Arkansas Traveler" (Para.) "Freshman Year" (Univ.) OMAHA— (2,200) (25c-40c) 7 days. Gross: $7,400. (Average, $5,500) "Listen Darling" (M-G-M) "Son of the Legion" (Para.) ORPHEUM— (3,000) (25c-40c) 7 days. Gross: $9,400. (Average, $7,200) "Mars Attacks the World" (Univ.) "Magnificent Obsession" (Univ.) PARAMOUNT— (3,000) (15c-25c) 7 days. G^oss: $5,100. (Average, $4,500) "Citadel" $10,000, New Haven Leader New Haven, Nov. 14. — "The Cita- del" and "Listen Darling" grossed $10,000 at the Loew-Poli, and moved to the College for a second week. "Garden of the Moon" and "Girls on Probation" ran six days at the Roger Sherman to do $4,600. The Paramount took $3,600 with "King of Alcatraz" and "Campus Confessions." Estimated takings for the week end- ing Nov. 1 1 : "Suez" (20th-Fox) "Keep Smiling" (ZOth-Fox) COLLEGE— (1,499) (35c-50c) 7 days. 2nd week. Gross: $3,000. (Average, $2,500) "The Citadel" (M-G-M) "Listen Darling" (M-G-M) LOEW-POLI— (3,040) (35c-50c) 7 days. Gross: $10,000. (Average, $8,000) "King of Alcatraz" (Para.) "Campus Confessions" (Para.) PARAMOUNT— (2,348) (35c-50c) 6 days. Gross: $3,600. (Average, $4,400) "Garden of the Moon" (W. B.) "Girls on Probation" (W. B.) ROGER SHERMAN— (2,200) (35c-50c) 6 days. Gross: $4,600. (Average. $4,700) Americans Invited to Discuss FBI Future London, Nov. 14. — American and British producers have been invited by Capt. Richard Norton to attend a din- ner of the Film Group of the Federa- tion of British Industries tomorrow, to discuss the future course of the organization. The film group was reported recent- ly to be on the verge of disbanding. Understanding is American producers here may be invited to join the group through enlarging of its scope. Nor- ton is expected to explain the past and current functions of the organization and the value of such an organization. John Maxwell and Mark Ostrer will not attend, but Robert T. Kane of 20th Century-Fox, David Rose of Paramount and Jerome Jackson of Warners have accepted invitations and Ben Goetz of M-G-M will be repre- sented. W. B. Date "Dawn" Warners plan to open "Dawn Pa- trol" day and date in London and New York. 5 "Suez" Cracks Whip in Loop With $46,000 Chicago,. Nov. 14. — "Suez" swept into the Loop last week to gross $46,- 000 at the Chicago. The picture stays a second week with Frankie Masters band replacing the Hal Kemp outfit. The United Artists with "The Citadel" did a strong $17,500. "Brother Rat" at the Roosevelt scored big, $14,300, and stays another week. The weather was unsettled and much colder most of the week, which hurt business some. Estimated takings for the week end- ing Nov. 8-11 : "If I Were King" (Para.) APOLLO— (1,400) (35c-55c-65c) 7 days. Gross: $6,500. (Average, $6,500) "Suez" (ZOth-Cent) CHICAGO--(4,000) (35c -55c -75c) 7 days. Stage: Hal Kemp & Band. Gross: $46,000. (Average, $32,000) "The Mad Miss Manton" (RKO) PALACE— (2,500) (35c-55c-75c) 7 days. Stage: Gene Autry and Revue. Gross: $10,000. (Average, $19,000.) "Smashing the Rackets" (Col.) STATE -LAKE— (2,776) (20c-30c-40c) 7 days. Stage: Verne Buck and Revue. Gross: $13,000. (Average, $13,000) "Girls On Probation" (F. N.) "Garden of The Moon" (F. N.) GARRICK— (900) (30c-40c-S0c) 7 days. Gross: $6,400. (Average, $6,500) "Brother Rat" (W. B.) ROOSEVELT— (1,300) (35c-55c-75c) 7 days. Gross: $14,300. (Average, $11,000) "Citadel" (M-G-M) UNITED ARTISTS— (1,700) (35c-55c-75c) 7 days. Gross: $17,500. (Average, $15,000) "Room Service" Is High for Montreal Montreal, Nov. 14. — "Room Ser- vice," dualled with "The Missing Guest," took $9,000 at the Capitol. Second week of "You Can't Take It With You" at the Palace registered $7,500, while "Four's a Crowd" and a second feature accounted for $6,000 at the Princess. Loew's, with "Vaca- tion from Love" and six vaudeville acts, drew $6,500. Estimated takings for the week end- ing Nov. 12 : "Room Service" (RKO) "The Missing Guest" (Univ.) CAPITOL— (2,547) (25c-40c-55c-65c) 7 days. Gross: $9,000. (Average, $9,500) "Vacation from Love" (M-G-M) LOEW'S— (2,800) (25c-40c-50c) 7 days. Stage: Six vaudeville acts. Gross: $6,500. (Average, $8,000) "Youth Takes a Fling" (Univ.) "Lady in the Morgue" (Univ.) ORPHEUM— (919) (25c-35c-50c) 7 days. Gross: $3,500. (Average, $5,000) "You Can't Take It With You" (Col.) PALACE— (2,600) (25c-40c-55c-65c) 7 days, 2nd week. Gross: $7,500. (Average, $11,000) "Four's a Crowd" (W. B.) "Torchy Blane in Panama" (W. B.) PRINCESS— (2,272) (25c-35c-50c-65c) 7 days. Gross: $6,000. (Average, $7,000) L. E. Royster Dies Kansas City, Nov. 14. — L. E. Royster, salesman for Columbia in Kansas, died at Dodge City, Kan., from injuries suffered when his car was blown off the road by a high wind and turned over several times. Hold Hatfield Rites Boston, Nov. 14. — Funeral services were held in Newton yesterday for C. E. Hatfield, head of the University Theatre in Cambridge and well known banker and politician. He was 76. BIG PARADE OF THE NAVY MARCH: PACING 20TH'S VERY BIGGEST! 8 MOTION PICTURE DAI IY Tuesday, November 15, 1938 Hollywood Preview "Spring Madness" {M-G-M) Hollywood, Nov. 14. — This is a college life picture in which there is no football, "baseball, basketball game, crew race or track meet. Yet, considered from an entertainment standpoint, "Spring Madness" has what it takes to attract patron attention and provoke approving com- ment. All the players presented are either college men or co-eds. In the characters they assume, the manner in which they deliver their lines and handle the situations created for them, Maureen O'Sullivan, Lew Ayres, Ruth Hussey, Burgess Meredith, Ann Morris, Jacqueline Wells, Frank Albertson, Marjorie Gateson, Renee Riana, Sterling Holloway and Dick Baldwin work with smooth precision. Based on Philip Barry's play, "Spring Dance," the screenplay devised by Associate Producer Edward Chodorov is humorous, lively and peppy, qualities which are stressed in S. Sylvan Simon's direction. About to graduate, Ayres has a keen desire to go to Russia. Meredith fans the flames of that ambition, also strives comically, heroically and futilely to toss a wet blanket over Ayers' romantic inclinations. But Miss O'Sullivan is in love with Ayers and he with her. She doesn't want him to go away. Things look dark for the lovers until her sorority mates take a hand in proceedings. Good and wholesome modern fun, there are also several sentimental moments in ''Spring Madness. The film should be satisfying entertain- ment for patrons of both genders above the second year in high school, the collegiate sets and adults with or without memories of campus days. Running time 65 minutes. "G."* G. McC. *"G" denotes general audience classification. Out Hollywood Way Short Subjects "Titans of the Deep" ( Grand Xational) This record of the undersea ex- plorations of Dr. William Beebe and Otis Barton in the latter's Bathy- sphere is at all times interesting and occasionally exciting screen fare. With the story and narration given expert treatment vocally by Lowell Thomas, the film record of the scientific ex- pedition into the Caribbean Sea pro- vides for the audience an insight in- to the active life carried on far be- neath the surface. Highlighting the subject, which falls into the lengthy short subject classi- fication, are pictures of fights be- tween a crocodile and a shark, a crocodile and a bull, and the amazing victory of an octopus over an en- ormous lobster, which is finally en- veloped and devoured. - Numerous remarkable underwater shots have been obtained from the Bathysphere and with Barton's special underwater camera, protected in a watertight box, and set up on a tripod on the floor of the sea. A narrow escape or two by the divers attached to the expedi- tion lends a touch of dramatic ex- citement to the record. There is a laugh at the end, as Barton has a tussle with a shark, and the fish swal- lows his camera, the tripod protrud- ing from its mouth. The fish is cut open to rescue the camera. Running time, 39 mins. "G."* "Madeira, Isle of Romance" (FitzPatrick-M-G-M) Some beautiful color photography is presented with music and comment as a ship approaches the mountainous coast of Madeira. Varied scenes are shown — sleds on the cobblestones, women doing embroidery, vistas of shore lines. It is very interesting. Running time, 8 mins. "G."* "Sailor Mouse" {Universal) The adventures of a baby mouse who decides to run away to sea are depicted in this Walter Lantz cartoon. His troubles start when he is told that he must steal the cheese from the cap- tain's table to be a true sailor. The chase that follows is good for a num- ber of chuckles. Running time, 7 mins. "G"* "Paramount Pictorial P8-4" (Paramount) Modern methods in the search for oil, bathing girls at Miami Beach, and mountain climbing make up this Pic- torial. The difficult sport of scaling mountains is compared with the ease with which goats ascend the heights. Dull. Running time, 10 mins. "G."* "Patio Serenade" ( Universal) This Mentone Brevity presents a fast moving but somewhat lengthy variety program set in a Spanish night club background. The songs, with one exception, are in Spanish. Several dance numbers are included. Running time, 17 mins. "G."* *"G" denotes general audience clas- sification. Hollywood, Nov. 14. — Lew Ayres has been assigned to play opposite Jeanette MacDonald in "Remember Tomorrow," which will be Robert Z. Leonard's first assignment as a pro- ducing director at M-G-M . . . RKO has acquired the rights to the French film, "Little Mother," and will re- make it as a vehicle for Ginger Rogers . . . Paramount has purchased "Moon Over Burma," unpublished novel by Wilson Colli son, and will star George Raft, Dorothy Lamour and Fred MacMurray in it . . . New M-G-M-Harman-Ising car- toons— "Goldilocks and the Three Bears," "The Little Goldfish" and "The Art Gallery" — will be ready for release in December . . . RKO has changed the title of "What's Your Number" to "12 Crowded Hours." Richard Thorpe, relieved of the direction of "The Wizard of Oz," will direct M-G-M's "Huckleberry Finn," to star Mickey Rooney . . . Cecilia Parker has been given the lead oppo- site Dennis O'Keefe in "Skids," first of the sports adventure series M-G-M plans with O'Keefe in the top role. . . . Al Jennings has been signed to play in Warners' "Oklahoma Kid," as well as act as technical director . . . Warners has purchased "The Holy Terror," magazine story by George Carleton Brown of a football star and boxer, and will star Wayne Morris. + Casting — Edward Arnold and Bur- gess Meredith draw featured roles in M-G-M's "Idiot's Delight" . . . Other M-G-M castings : Alexander Darcy to "Katherine the Last ;" Forrester Harvey and Ronald Sinclair to "A Christmas Carol ;" Willie Fung and Clarence Kolb to "Honolulu ;" Charles Grapewin to "Stand Up and Fight ;" Lionel Stander to "Ice Fol- lies" . . . Warner assignments : Ru- dolph Forster, German actor, to "Juarez ;" Dan Wolheim and Charles Middleton to "Oklahoma Kid ;" Roland Young to "Yes, My Darling Daughter ;" Gloria Holden and Ann Sheridan to "Dodge City," and Frankie Burke, youth who re- sembles Jimmy Cagney, to "Hell's Kitchen" . . . Paramount placements : Elaine Barrie to "Midnight;" An- thony Quinn and William Haade to "Union Pacific," and Mary ("Pun- kins") Parker to "Cafe Society" . . . Edmund Lowe to "Newsboys' Home," Universal . . . Astrid Allwyn to "Love Affair," RKO . . . Ben Wel- don and Jerry Tucker to "Federal Man Hunt," Republic . . . Lee Pat- rick to "Fisherman's Wharf," Prin- cipal-RKO. + Contracts — Rand Brooks, little the- atre actor, has been signed by M-G-M. . . . Same company has extended the contract of Miliza Korjus, and has extended the pact of Salka Viertel, writer. + Writers — Ben Hecht has been signed by M-G-M to write "Let Free- dom Ring" . . . Donald Ogden Stew- art has been signed by RKO to pol- ish up the script of "Love Affair," now shooting . . . RKO also has con- tracted Aben Kandel to work on a story for Eddie Cantor, to be pro- duced by Pandro S. Berman . . . Herbert Clyde Lewis and Ian Hun- ter (not the actor) will write the story for "Wings of Tomorrow" for Sol Lesser . . . Paramount has as- signed Laura and S. J. Perelman to write the Gene Krupa vehicle . . . Casey Robinson is doing the screen- play for the Louis Bromfield story, "And It All Came True," at Warners. Short Subjects 'How to Watch Football" (M-G-M) Robert Benchley gives what to many will prove a riotous description of how to watch a football game. The narrative begins with Benchley wear- ing a dressing gown and sipping a highball. His mind turns back to pre- vious football games and the scene shifts. He is shoved around ao* 41 J3 oo-P 'ft; XT s o >S 8 « CO r\ C3 JQ There Goes My Heart (G) (C) Fredric March Virginia Bruce The Young in Heart (G) (C) Gaynor Fairbanks, Jr. Goddard Cowboy and the Lady Cooper Oberon 20TH-FOX | Five of a Kind (G) (C) Dionne Quin- tuplets (919) Mysterious Mr. Moto (G) (D) Peter Lorrt (912) Suez (G) (D) Tyrone Power Loretta Young (913) Always in Trouble (G) (C) Jane Withers Jean Rogers Arthur Treacher Just Around the Corner Shirley Temple Charles Farrell (915) Sharpshooters (G) (D) Brian Donlevy Lynn Bari (916) Submarine Patrol (G) (D) Richard Green Nancy Kelly Preston Foster (909) Road Demon (G) (D) Henry Arthur Joan Valerie Henry Armetta (918) Up the River (G) (C) Tony Martin Phyllis Brooks Preston Foster Down on the ' Farm Jones Family RKO RADIO A Man to Remember (G) (D) Anne Shirley (905) The Mad Miss Manton (G) (C) Stanwyck Fonda (906) Tarnished Angel (G) (D) Eilers (907) Lawless Valley (G) (O) George O'Brien (981) Annabel Takes a Tour (G) (C) Oakie Lucille Ball (908) Law West of Tombstone Harry Carey Jean Rouverol (909) Peck's Bad Boy at the Circus Tom Kelly Ann Gillis Trailer Romance (Tentative) Lucille Ball James Ellison (910) The Pure in Mind (Tentative) Anne Shirley Roger Daniels REPUBLIC I Stand Accused (G) (D) Robt. Cummings Helen Mack Rhythm of the Saddle (G) (O) Gene Autry V 4 t C c ■*. o Bengal (G) (D) Patric Knowles Rochelle Hudson Santa Fe Stampede (O) Orphans of the Street Come On, Rangers (O) Roy Rogers Mary Hart Western Jamboree (O) Gene Autry Smiley Burnette PARA. Arkansas Trav- eler (G) (C) Bob Burns Mary Carlisle (3806) Mysterious Rider (G) (O) (3807) Men With Wings (G) (D) MacMurray Illegal Traffic (G) (D) J. Carroll Naish Mary Carlisle If I Were King (G) (D) Colman Rathbone Thanks for the Memory (G) (C) Bob Hope Shirley Ross Say It in French Ray Milland Arrest Bulldog Drummond Little Orphan Annie Ann Gillis Robert Kent Ride a Crooked Mile Farmer Erikson Tamiroff The Frontiermen William Boyd MONOGRAM Where the Buffalo Roam (G) (O) Tex Ritter Gangster's Boy (G) (D) Jackie Cooper Robert Warwick Gun Packer (O) Jack Randall Gang Bullets Anne Nag el Little Tenderfoot (O) Tex Ritter I Am a Criminal John Carroll Mary Kornman Tough Kid Frankte Darro M-G-M Young Dr. Kildare(G)(D) Lew Ayres Lionel Barry- more Listen, Darling (G) (C) Bartholomew Judy Garland (904) The Citadel (G) (D) Robert Donat Rosalind Russell (909) The Great Waltz (G) (M) Luise Rainer Fernand Gravet Miliza Korjus (908) Spring Madness Lew Ayres Burgess Meredith O'Sullivan The Shining Hour Crawford Sullavan Douglas Out West with the Hardys Lewis Stone Mickey Rooney Flirting with Fate Joe E. Brown Leo Carrillo Dramatic School Rainer Goddard Alan Marshall Katherine the Last Tone Gaal Connolly COLUMBIA Flight to Fame Below the Rio (O) Buck Jones Homicide Bureau Bruce Cabot Rita Hayworth The Little Adventuress (G) (D) Edith Fellows Cliff Edwards Law of the Texan (O) In Early Arizona Bill Elliott Dorothy Gulliver Adventure in Sahara Paul Kelly Lorna Gray Blondie (G) (C) Penny Singleton Arthur Lake Rio Grande (O) Charles Starrett Ann Doran Outside the Law (G) (D) Jack Holt California Frontier (O) i * O * o * O * • % 00 z N • u Q y ON Q i VO Q « Tuesday, November 15, 1938 MOTION PICTURE DAILY RADIO Sarnoff Suggests Self Regulation; Scores Censors (Continued from pafie 1) establish a system of voluntary self- regulation. He opposed Government censorship of broadcasting and said the United S — had "legitimate censorship by pi. —,c opinion." "It is the democratic way in a democratic government," he said. Describing the low estate of con- trolled radio broadcasting in Europe, as he personally observed during his recent trip to the continent, Sarnoff told how radio in certain countries of Europe had been converted into a powerful instrument of dictatorships. He said during the recent crisis, when he was in Europe, that it was neces- sary to tune in on American short- wave stations in order to obtain an unbiased account of what was trans- piring on the continent. Saying that the self-regulatory code he was proposing should have the ap- proval of the F.C.C., Sarnoff declared that the "United States had the finest and most varied programs produced anywhere in the world and our tradi- tional liberties have been fortified with the freedom of radio," which he de- scribed as equally important with freedom of religion and of press. Mason's Testimony Frank Mason, an NBC vice-presi- dent, followed Sarnoff and described the corporate setup of the company. NBC has 2,273 employes, owns seven stations, leases three and provides all programs for five more. Only sub- sidiaries of NBC, he said, are Civic Concert Service, Artists Service of Massachusetts, Artists Service of Pennsylvania and WTAM, Inc., op- erating WTAM, Cleveland, which is in process of dissolution. It owns also Radio Music Co., which has been inactive since 1931, and at one time owned but has since dissolved North- west Broadcasting Co., operating KJR, Seattle ; Western Broadcasting Co., operating KEX, Portland, and Pacific Broadcasting Co., operating KYA, San Francisco. Asks Investigation As the hearing opened, Charles P. Sisson, former U. S. Attorney Gen- eral, now representing the Royal Moulding Co. of Providence, asked the commission to investigate alleged monoply in the manufacture of bases for radio tubes. He was refused per- mission to testify, but he gave out a letter alleging unfair methods of com- petition employed by RCA. He asked that the commission broaden its in- vestigation to include this factor, de- claring that effective regulation of radio stations is impossible while monopoly in radio exists. Chairman Frank R. McNinch is presiding at the hearings, which are being attended by Commissioners Thad H. Brown, and Eugene O. Sykes. Paul Sullivan Recovers Cincinnati, Nov. 14. — Paul Sulli- van, WLW newscaster, is doing his mike chores from a bed in Christ Hospital, where he is recovering from an appendicitis operation. Free Breakfast San Francisco, Nov. 14. — Free breakfast is the novel stunt being tried by KROY, Sacramento, to lure dialers into the studio for the new "Top o' the Morning" variety show. WLBZ Will Shift From CBS to NBC Beginning Dec. 11 WLBZ, Bangor, Me., at present a link of the CBS network, will switch over to NBC beginning Dec. 11. WLBZ will become a supplementary station available either on the Red or Blue, at a base rate of $120 per evening hour. WLBZ is a 1,000- watt station by day, 500 watts at night, and is owned by the Maine Broadcasting Corp. Tom L. Guernsey is manager of the station. The addition gives NBC a total of 162 stations. Meanwhile, CBS will not remain without a Bangor outlet, for it has made arrangements to add WABI to its network. WABI is a full-time outlet, operating with a power of 250 watts during the day, 100 watts at night. Community Broadcasting Corp. operates WABI, with F. B. Simpson serving as general manager. WABI has been operating as an independent station. Gardner Heading for Record Radio Budget San Francisco, Nov. 14. — The Gardner Nursery Co. will be spending $350,000 for radio transcriptions and announcements by next year, accord- ing to Edwin A. Kraft, manager of Northwest Radio Advertising Co. The company, now using approxi- mately 60 stations to broadcast its transcribed sales messages, will step up its radio promotion to approxi- mately 150 stations by the end of this month, according to Kraft. The in- crease will give Gardner Nursery Co. one of the largest budgets of its kind. Won't Increase Canadian Seat Tax Next Year (.Continued from page 1) otherwise, through which it expects to collect an additional $190,978. This is at the rate of 14 cents against every domestic or private owner of a radio, of which there were 1,104,207 at the end of the last fiscal year, March 31, 1938, and a flat $10 fee against every radio receiver commer- cially used, of which there are 3,639, according to the society's records. The society has not made known how it proposes to collect this extra royalty on home-owned radios, on which the householder already pays an annual license fee of $2.50 to the Canadian Government. Broadcasting stations will be assessed by the Performing Right Society as before. The annual fee for theatres, pay- able to the society in advance, is scaled as follows : theatres of 1,600 seats or over, 15 cents per seat per annum ; 801 to 1,599 seats, 12 cents; 800 and under, 10 cents ; 800 seats and under operating three days or less per week, five cents. The minimum annual fee in any case is fixed at $10. The amended Canadian Copyright Act compels the society to file a state- ment of listed fees to be collected dur- ing the ensuing calendar year and the public is given until Nov. 30 to enter any objections to the proposed sched- ule with the Copyright Appeal Board, the latter to issue approval of all rates before the end of December. Madison and Fisher Renew on 'Ballroom* Madison Personal Loan and Axton- Fisher Co. have renewed their con- tracts for participation in Martin Block's "Make Believe Ballroom" on WNEW, each for 52 weeks. Klinger Advertising Co. handled the contract for the former, and McCann-Erickson represented Axton-Fisher Inc. Daily participation in WNEW's "Morning Star" series has been con- tracted for by Peter Martori Son, for 13 weeks, through a direct placement. Zenith Executive Tells Dealers Television As Yet Impracticable Radio dealers throughout the country today are in receipt of a letter from E. F. MacDonald, Jr., president of the Zenith Radio Corp., in which he attempts to show the impracticability of television at the moment. "The cost of a single program of the type now transmitted in England of one hour's duration for each day from one tele- vision transmitter, will be around $1,000,000 a year, and certainly we cannot expect the advertisers of America to pay this bill," he states. MacDonald writes that he has looked over hundreds of recent stories on television which "lead readers to believe that they are going to have television tomorrow. That is not true." He enclosed a report to Zenith stockholders which shows, among other things, that "in order to furnish television pro- grams to purchasers of receivers throughout the country, it will ho necess^rv to construct more than 2,000 transmitting stations. The stupendous cost of transmitting television naturally sets aside the thousrht that advertisers and soonsors can possiblv maintain advertising budeets sufficiently large to pay the costs of such programs, the report states. ► Radio Personals < TOWN has temporarily lost most of its network officials to Wash- ington for the monopoly hear- ings. Attending the sessions for NBC are David Sarnoff, Clay Morgan, Dan Tuthill, George Engles, Frank Mason and John Royal, trailed by Vance Babb, Gene Speck and Bill Neel. . . . Observing for Mutual are Alfred Mc- Cosker, Ted Streibert and Fred Web- er. ... A new assistant director in production at CBS is Marx B. Loeb, formerly with WIP in Philadelphia. . . . Harold Oxley, manager of Jimmy Lunceford, now working up a sizeable vaudeville route for the swing band. . . . Robert T. Anderson, the radio "ham" who won the William S. Paley Amateur Award in 1937 for his yeo- man work during the floods, has joined CBS as a technician in field engineering. . . . Irene Beasley has re- turned to New York following a week of lecturing on radio technique to the students at Stephans College in Mis- souri. Miss Beasley conducts "R.F.D. No. 1" on CBS. Renew Lindlahr Show On WOR for 13 Weeks Journal of Living Publications, sponsoring Victor Lindlahr over WOR, has renewed the program for 13 weeks, effective Nov. 21. The series, consisting of health talks, is broadcast Mondays, Wednesdays and Fridays at noon. Austin & Spector is the agency. Fisher Baking Co., through Neff- Rogow, has renewed Mark Hawley's Transradio news broadcasts over WOR beginning Dec. 6. Program is broadcast Tuesdays, Thursdays and Saturdays at 8 P.M. Barney's Clothes yesterday began a new series of dramatizations over WOR, "Daily Honor Award." The program, through Austin & Spector, will be broadcast daily at 11:15 A.M. Armco Band Program Back on NBC Jan. 15 American Rolling Mills Co., whose Armco band concerts have been a radio feature for the past five years, have placed a contract to return the show over the NBC-Blue network starting Jan. 15. The company has contracted for 42 stations, to take advantage of the discounts made avail- able recently to sponsors of programs on the Blue. The contract is for 13 weeks with options. The broadcasting schedule will be on Sundays from 3 to 3 :30 P. M. N. W. Ayer & Son placed the deal. Wood Shifted to Chicago Robert Wood of WOR's sales staff here, has been transferred to the sta- tion's office in Chicago, leaving for that city tomorrow. Wood's territory includes Minneapolis-St. Paul, Kansas City, Milwaukee and Chicago. WHN Religious Program Rev. R. L. Erickson has entered into a 52-week contract with WHN for a half-hour religious program on Sundays from 8 :30 to 9 P. M., start- ing Nov. 20. ALL JACKIE COOPER IN GANGSTER'S BOY" AT THE GLOBE "UNDER THE BIG TOP" WITH ANNE NAGEL MARJORIE MAIN JACK LA RUE AT THE FOX BROOKLYN FRANKIE DARRO EVELYN KNAPP ROBERT KENT AT THE PARAMOUNT BROOKLYN MONOGRAM HITS ■ NEW YORK MOTION PICTURE DAILY NEW YORK, WEDNESDAY, NOVEMBER 16, 1938 Alert, Picture Industry VC/Oj44. NO. 97 Distributors, MPTOA Final Meet Dec. 8-9 Delay Sets Back Trade Program Two Weeks Final conferences between M.P.T. O.A. and the distributors' negotiating committee on an industry trade prac- tice program were set for Dec. 8 and 9 following a conference yesterday be- tween Sidney R. Kent, representing the distributors, and Ed Kuvkendall, M.P.T.O.A. president. Delay in holding this final meeting sets back completion of the trade prac- tice program at least two weeks. Offi- cial predictions last week were that agreements on a final program could be had with Allied States. M.P.T.O.A. and the unaffiliated regional exhibitor organizations by either the end of this week or prior to Thanksgiving. The delay, however, does not signify that any complications have arisen in the negotiations between M.P.T.O.A. and (Continued on page 4) To Dissolve Pathe Film Holding Firm But Lab Continues Pathe Film Corp. will be dissolved as a holding company during Decem- ber but will continue to function as a laboratory and printing concern. The new corporation will probably be headed by the same principals. Details of the plan of dissolution will be given to stockholders this week. The plan, which will be voted on by stockholders Dec. 6, is in line with provisions of the 1938 revenue act encouraging the dissolution of holding companies by the end of this year. The act provides that holding com- panies liquidating by Dec. 31 may (Continued on page 4) "Pygmalion" to Be Astor Grind Show Two-a-day policy for the Astor will be abandoned temporarily when "Pygmalion" opens there. No date has been set, but it is expected to be about Thanksgiving Day. It will be shown at popular prices on a continu- ous run. "Marie Antoinette" ended its 13th week with an estimated $5,900. The gross was boosted considerably (Continued on page 4) SRO N.G. in London London. Nov. 15. — Despite objections and pleas from London exhibitors, the Shef- field municipality has decided that from Jan. 1, 1940, no standing will be permitted in theatres within the city's jurisdiction. Tugwell and Broun And Intellectuals in Social Film Group Plans to dramatize contemporary social trends from a "progressive viewpoint" will be discussed at a din- ner meeting at Town Hall on Friday of Films for Democracy, a newly or- ganized non-profit society. Using Hollywood methods, the organization intends to present non-political films dedicated to the "principles of demo- cratic government and thereby to com- bat the sinister spread of intolerance and reaction." Dr. Xed H. Dearborn, dean of the division of general education at New York University, heads the society, whose sponsors include Senator Ar- thur Capper, Rex G. Tugwell. Thomas Mann, Henry Pratt Fairchild, Heywood Broun, Sherwood Ander- son, Herman Shumlin, Irene Lewi- (Continued on page 2) Barton, Mrs. Reid Among Judges for "Movie Quiz" Test Representative Bruce Barton, Mrs. Ogden Reid, vice-president and pub- lisher of the N. Y. Herald-Tribune ; Dr. James E. West, head of the Boy Scouts of America ; Hendrik Willem van Loon, author, and Mrs. Helen Wills Moody will be the judges of the Movie Quiz prize contest. The contest closes Dec. 31 and prize winners will be announced during January. The judges will meet with George J. Schaefer, campaign chair- man, in the near future to discuss the (Continued on page 4) Anticipate 650 at Associates' Party Total of 650 reservations already have been received for the 19th annual dinner-dance of the Motion Picture Associates to be held Nov. 26 at the Astor, Jack Ellis, president, said at a luncheon meeting of the group yes- terday at the hotel. Ben A. Boyar of the Max Gordon office, who is co-producing the "Night of Stars" benefit show at Madison Square Garden tonight, will handle the entertainment for the Associates' affair. Principals from "Sing Out (Continued on page 4) First in and Impartial TEN CENTS NBC's Talent Sales in 1937 $6,032,274 Films Bought $189,230, F. C. C. Is Told Washington, Nov. IS. — NBC's talent sales in 1937 amounted to $6,- 032,274. The bulk of these sales, amounting to $4,028,187, were to radio advertisers. Motion picture producers bought $189,230 of NBC's talent. Of the total amount in sales, the talent itself received $5,757,382. The NBC Artists Service received as commis- sions on these sales of talent $674,891. The net profit to the NBC Artists Service out of this was $286,882. The Additional developments in radio yesterday on page 8. average commission to the Artists Service on this talent was slightly over eight per cent and commissions on the talent sold to film producers was $25,- 476. This is testimony which was given by Daniel S. Tuthill, assistant manag- ing director of NBC Artists Service, at the second day's monopoly hearings before the Federal Communications (Continued on page 8) Schaefer Heads for Hollywood in Dec. Present outlook is that George J. Schaefer, operating head of RKO, may go to the coast early in Decem- ber. This will be his first trip to the studios since he assumed overall op- erations in RKO. Again— The Propagandists — By MARTIN QUIGLEY — HE latest effort to capture the theatre screen for purposes of radical political propaganda has come to the surface in an organi- zation styling itself, "Films for Democracy." Its sponsors repeat the familar patter in a recitation of the purposes in view. It would have to do with the production and distribution of motion pictures designed, as they put it, "to safeguard and extend American democracy." The kinship of its real policies with what the American continent understands as democracy may impress many as being decidedly remote. Among the names mentioned which individually and collectively contribute a graphic indication of the brand of political and social philosophy which may be expected are the following: Rexford G. Tug- well, Dr. Mary E. Wooley, Heywood Broun, Walter Wanger, Dudley Nichols, Fredric March and Fritz Lang. No question is raised as to the right of the persons associated in this venture to produce and distribute motion pictures of any kind they may see fit. The democratic principle of free speech insures this right even — unfortunately it seems — to those whose ideas if carried into effect would allow freedom of expression to no one but themselves. But emphatic protest is raised against the attempt to pervert the entertain- ment screen from its avowed purposes of entertainment and into the devious channels of social, political and economic propaganda. The spirit of aggression toward the entertainment screen which im- bues these propagandists is not a new manifestation confronting the (Continued on page 2) M. Selznick's Profit- Sharing Plan — Out! Hollywood, Nov. 15. — Myron Selznick's plans to produce films on a profit-sharing basis with top flight producers, di- rectors and players handled by his agency, is understood to be abandoned. The project was to start with the unit called Ernst Lubitsch Productions. The original announcement of the venture stimulated a flurry of interest in profit-sharing and several talent pacts re- cently made by studios are believed to include such features. MOTION PICTURE DAILY Wednesday, November 16, 1938 i Purely Personal ► HERMAN RIFKIN, Republic Boston franchise holder, in town yesterday, announced the engagement of his daughter, Selma, to George Rabinowitz, Rifkin's manager in New Haven. Rifkin will return to Boston today. • Bill Chambliss of 20th Century- Fox arranged the torpedo and mine display at the Museum of Science and Industry at Rockefeller Center, in connection with "Submarine Patrol." • James M. Grainger, Republic pres- ident, due back from his tour on Mon- day. He was in New Orleans yester- day and will visit Atlanta and Jack- sonville before returning. • Nat Kalcheim of the William Morris office left yesterday for Chi- cago to look over talent. Harry Foster of the London office is already there. • Dave Palfreyman is attending the I. T. O. of Ohio convention at Colum- bus. He is due back in New York Friday. • D. A. Ross of Ross Federal Re- search has left for a 10-day business trip to Chicago, Milwaukee and De- troit. • Ed Kuykendall, M. P. T. O. A. president, will leave New York for Columbus, Miss., Friday. • Jack Dempsey is the latest recruit to the membership rolls of the Ameri- can Federation of Actors. • Harry Glickman, president of Mecca Laboratories, is back on the job after an operation. • George Sherman, Republic direc- tor, is in town for a two or three- week vacation here. • Louis Phillips of the Paramount legal department has returned to New York from Chicago. George West has recovered from a cold which kept him home for a week. THE MERCURY OVERNIGHT TO LOS ANGELES Fly the Southern SUNSHINE route over- night to Los Angeles. Through service. No change of planes. Giant SKYSLEEPERS. Complimentary meals served by stewardesses. Mercury Southerner Lv. 5:10 p. mi Lv. 9:00 p. m. (only 3 slops) (only 5 slops) FOR RESERVATIONS: Call Your Travel Agent or VANderbilt 3-2580. Ticket Offices: 45 Vander- hilt Ave., and Rockefeller Center, 18 W. 49th St. AMERICAN AIRLINES Again— The Propagandists Continued from Page 1 motion picture industry. It has made an appearance before and will be heard from again. The vastness of the theatre audiences, coupled with the emotional potentialities of the film, represent a means of unparalleled effectiveness in influencing the public mind. It is inevitable that the screen should find itself the object of these attentions. In Russia, in Germany, in Italy and in Red Spain the entertainment screen as such has vanished. Under the power of the political group in the ascendency the screen is no longer the "escapist" medium which Messrs. Tugwell, Broun, Wanger, Nichols et al so tearfully deplore. Its entertainment character is subordinate to its propaganda uses. It deals — as they would have the American picture deal — with "the timely and vital issues of the day." It is of course true that dependent upon the particular country one note and one note alone is sounded. But in all of the countries named the entertainment screen is no longer allowed to be a medium wholly dedicated to the enjoyment of the public. And this latter condition is the one which these American propagandists are seeking to achieve, ignoring entirely the clear record of what the American public has made plain at the box-office as to what it wants to see. Political medicine men of whatever nationality are like that. And ignoring also the inevitable threat to the orderly operation of motion picture theatres which would result from the exposition of themes of bitter controversial aspect. Any such effort as this "Films for Democracy" constitutes a real threat to the integrity of the American motion picture, to the theatre's position of trust with its public and — very definitely — to the continued prosperity of the business. Every propagandist, Left, Right or Center, should be given clearly to understand that it will be agreeable to the motion picture industry to have him hire a hall and leave the entertainment screen alone. There might also be a message for collaborators on such ventures who enjoy a handsome income from the industry. Para, Granted More Time on N. D. Appeal A second extension of time for fil- ing Paramount's appeal to the U. S. Supreme Court from the Federal statutory court decision confirming the legality of the North Dakota affiliated theatre divorcement law has been granted the company and its affiliated defendants by the Fargo court. The new extension gives the company until Dec. 15 to perfect its appeal to the Supreme Court. Simpson, Thacher & Bartlett, Para- mount counsel, said that no signifi- cance attaches to the granting of addi- tional time other than that the work of compiling the record of the case for the high court's review could not be completed by Nov. 22, the date on which the appeal would have been due. Stars Head W. B. Drive James Cagney will serve as honor- ary captain for Warners' eastern and Canadian sales forces in the 16-week Gradwell L. Sears' sales drive, start- ing Dec. 25, and Pat O'Brien will front for the western and southern forces. Initial plans for the conduct of the drive were completed yesterday at meetings of Warners' district man- agers, presided over by Roy Haines and Ben Kalmenson. Kaltenborn to Pathe H. V. Kaltenborn, CBS news ana- lyst and political commentator, has been signed by Pathe News as assis- tant editor and foreign news advisor. Schwartz "U" Manager Philadelphia, Nov. 15. — George E. Schwartz has been named local Uni- versal branch manager, succeeding S. Wittman, resigned. Albany Seeing First Triple Film Program Albany, Nov. 15. — Albany's first triple bill is currently on tap at the Harmanus Bleecker Hall, a Fabian theatre managed by James A. Carrier, former Hollvwood exploitation chief. "Too Hot to Handle," "Hold That Co-ed" and "That Mothers Might Live" are playing. Carrier says it will not be a permanent policy. RKO Canada Observe Week for Jules Levy RKO's Canada offices will observe Jules Levy Appreciation Week, from Nov. 26 to Dec. 2, as a tribute to the RKO sales head. L. M. Devaney is RKO's district chief in the Do- minion. He is running in the van of of RKO's American exchanges. Deluxe overnight Sleeper *Latest evening departure — 5:20 p.m. — with arrival for morning business in Hollywood. Or take United's famous Overland Flyer, another Sleeper plane, leaving at midnight. Fast, luxurious, fewest stops. RESERVATIONS at 58 East 42nd Street, MUrray Hill 2-7300. Or travel bureaus, hotels. UNITED AIR LINES The Main Line Airway Operator Demands To Be Arbitrated Demands of operators' Lo- cal 306 made to independent theatres in the metropolitan area through the I.T.O.A. will be submitted to arbitration, it was decided at a meeting of respective committees yes- terday. The union wants a wage 1 crease of 48 per cent, claPSS* ing sales at independent houses are not up to par with circuit houses. Two weeks' vacation with pay, instead of the present one week, is also demanded. The arbitration provision is contained in the 10-year basic agreement signed two years ago. Tugwell and Broun And Intellectuals in Social Film Group (Continued from pane 1) sohn, Philip Merivale, Rex Ingram, Marc Connolly, George Seldes and other liberals. Walter F. Wanger, Dudley Nichols, Fredric March and Fritz Lang are among those on the advisor}' committee. "Contemporary social problems, if treated to suggest a practical solution, are taboo in Hollywood scripts," Dearborn said. A budget of $100,000 is planned for each production, and considerable economies are expected through the co-operation of actors, di- rectors, writers and technicians who are expected to contribute their serv- ices at salaries lower than they usually receive. The first film will probably be made in Hollywood and released through the usual commercial chan- nels. Where local theatres refuse to show the picture, exhibition will be arranged through local organizations. No Ampa Next Week Ampa's next luncheon meeting would normally be held Nov. 24, but that day is Thanksgiving. MOTION PICTURE DAILY (Registered U. S. Patent Office) MARTIN QUIGLEY, Editor-in-Chief and Publisher; SAM SHAIN, Editor; JAMES A. CRON, Advertising Manager. Published daily except Saturday, Sunday and holidays by Quigley Publishing Com- pany, Inc., Martin Quigley, president: Colvin Brown, vice-president and treasurer. Publication office: 1270 Sixth Avenue at Rockefeller Center, New York. Telephone: Circle 7-3100. Cable addresss: "Quigpubco. New York." All contents copyrighted 1938 by Quigley Publishing Company, Inc. Address all correspondence to the New York office. Other Quigley publications: Motion Picture Herald, Better Theatres, Teatro al Dia, International Motion Picturf Almanac and Fame. BUREAUS: — Hollywood: Postal Union Life Building, Vine and Yucca Sts. ; Boone Mancall, manager; William R. Weaver, editor. Chicago: 624 S. Michigan Ave., C. B O'Neill, manager. London: 4 Golden Square. W. 1: cable address, Quigpubco, London: Hope Williams, manager. Entered as second class matter Sept. 23. 1938, at the post office at New York, N. Y.. under the act of March 3, 1879. Subscription rates per year $6 in the Americas and $12 foreign. Single copie« 10c. 101 AMERICA IS BOOKED SOLID FOR THE HOLIDAYS! thAnksgivin NEW YEARS 4* THE FOLKS ARE BACK'. • ment you can ^ve in a motion The greats emoV^'V - pam. ^T^XL^^-these open your heart to the 8 icans. ,t is =====-"- OUT WW WJJH THE HARWS assss. Kike?*-**.. ■■M^„,«;if." «■'«» "Wr*fc,jW t'^omMmMmnhFm.. p"'ty As A P/ctTO" ' 'Sueetfteurti" ^ cast of funsters; A Newspaper 1 Ad On:* ' *>» George B. Seiti picture I '■"MmS'icV,-.,, '"8 as they „.„. , ' "'romance! Thrill. "M=Vtime"iyouv'" Ro» Mane" and »«n8 vour h 1 • 1 love story „i|| :h"m Vou is '? |"J°l'«°nfS A f«» for the eye' p, ,. ^ becomes even m nBSP«taclc ■ «fth°fT^"i»'°''SS„bJ,l,e I 'he colorful ».„■,„ unnl vou ■ other evc-rHI... p scenc" arlj vc "",nS spectacled 8 from lef, t0 „„h footed RayBoJ "^.^"'"'mble. .tha'stra,gh,.f0ccd;m\;dr"'s«a Auer, »«lvFlori.r,„R,t.^'>-™n-..plus for «tra romance" bacll8tound Ptoduccd hv Wlinr c b'«'.S.Va„D;;/„m™l'«8-.Direc,ed >*> can ,«,,„,,, An™r.e„e"_a„„ ind all their mk.- au8hty Marietta" FLORENCE RE.?F WISCHA AUeS HERMAN m«JrR REGINALD GA^tDlNEij From Ad Campaign MOTION PICTURE DAILY 4 Distributors, MPTOA Final Meet Dec. 8-9 (.Continued from page 1) the distributors, Kuykendall said fol- lowing his meeting with Kent. It was explained that distributors themselves are not in complete accord yet as to some points involved in the self-regula- tion program, but that an accord is expected by the end of the week. No meeting could be arranged for next week or the week following, however, because of Kuykendall's prior engage- ments. He will be in the south on personal business next week and is scheduled to attend the Charlotte meet- ing of the North and South Carolina Theatre Owners the week following. Kuykendall will confer with Kent again today and tomorrow before leav- ing New York on the phraseology of the program. The entire M.P.T.O.A. executive committee will be asked to come to New York for the final ses- sions Dec. 8 and 9 with Kent and Ned E. Depinet of RKO. Kuykendall said the final program would be submitted to the M.P.T.O.A. board of directors and expressed the belief that it will be only a "few days" thereafter when the program will be made effective. One of the issues on which the distributors are reported not to be in accord is the effective date of the program. The M.P.T.O.A. head expressed confidence in the distributors' sincerity in the current negotiations and their outcome. To Dissolve Pathe Film Holding Firm But Lab Continues (.Continued from pafie 1) avoid paying undistributed profits taxes. Under the plan, the stockhold- ers will be able to receive their share of the dividends from Pathe's 35 per cent interest in DuPont Film Mfg. Co., directly and without an extra tax on the company. This income is con- siderable, as Pathe has earned $545 a share on its 3,500 shares of DuPont Film since 1932. The laboratory and printing functions will be divorced from the company's other activities. Pathe's main laboratory is at Bound Brook, N. J., with an auxiliary plant in the Pathe News Building on West 45th St. Pathe does the printing for the newsreel. Otherwise, there is no connection between the two. Will Honor Schines On 20th Anniversary Albany, Nov. 15. — A testimonial dinner to mark the 20th anniversary of J. Myer and Louis Schine in the industry will be held at the Ten Eyck Hotel here Dec. 19. One of the largest gatherings of film and theatre men in Albany is indicated for the occasion by reserva- tions already received from New York, Washington, Buffalo, Cleve- land, Cincinnati, Gloversville and more distant cities. Phil Fox is chairman of the committee in charge. "Pygmalion" to Be Astor Grind Show (Continued from page 1) by the inclusion of two holidays but it is expected to wind up its run this week. "Men With Wings" drew a reported $25,600 in its third week at the Para- mount and will make way today for "Arkansas Traveler." "The Citadel" at the Capitol and "Brother Rat" at the Strand are both held for a third week. "Man From Mars" grossed approximately $7,000 at the Rialto. "Grand Illusion" entered its 10th week at the Filmarte yesterday. Barton, Mrs. Reid Among Judges for "Movie Quiz" Test (Continued from page 1) procedure to be followed in determin- ing the winners. Expressing his gratification over the choice of judges, Schaefer said, "None is connected with the motion picture industry, each is deeply interested in the advancement of this industry as a dominating influence in our national culture. We are proud to have them and we are deeply grateful for their abiding interest and cooperation." Hayward-Lupino Hollywood, Nov. 15. — Louis Hay- ward and Ida Lupino will be married tomorrow in Santa Barbara, culminat- ing a two-year romance. Their honey- moon will be brief as Miss Lupino is due to start in a new picture Monday. By BILL Chicago, Nov. 15. — Happiness is again in store for many of this city's unfortunates as plans for the Third Annual Christmas Movie Basket Party are being formed. This year the basket parties will be held on the morning of Dec. 20, in approximately 300 local theatres. The films for the parties are donated free by the ex- changes and the exhibitors offer their theatres gratis. Admission as usual, will be some sort of non-perishable foodstuffs. Jack Kirsch, Allied leader, and Morris Leonard, president of the Chi- cago Exhibitors' Association are the co-chairmen in charge of the affair. Assisting them are the following com- mittee chairmen : William Hollander, trailers ; Eddie Solomon and Ed Seguin, newspaper stories ; Herb Elis- burg and Larry Stein, advertising ; Harry Smythe and Craig Deunison, groceries ; Lou Abramson and Joe McKeown, transportation ; Dan Gold- berg, Larry Stein and Norman Kas- sel, radio ; Emil Garber, schools ; Henry Markbreit, children's groups ; Ted Morris, community newspapers, and Kirsch and Leonard, union oper- ator services. The parties are spon- sored by CAP A, (Chicago Amuse- ment Publicists' Association). The Sunday Film Vote Delhi, N. Y., Nov. 15.— Peti- tions from the Women's Christian Temperance Union and the Walton Ministerial Association have been pre- sented to the Walton (Dela- ware County) village board, asking that no action be taken on Sunday films until a referendum has been taken. The request is likely to re- sult in upstate New York's first Sunday film referendum in the past few years. Anticipate 650 at Associates' Party (Continued from page 1) the News" will appear, among others. Morris Sanders is chairman of the affair. Jacob Hartman, a member, ad- dressed the gathering and urged a boy- cott of German goods. Ellis intro- duced Clarence Eisman, new U.A. branch manager. Sam Dody of vaude- ville entertained with stories. New members include Harry Gold- stone, Grand National ; Harold Green- berg and Gene Levy of Paramount ; Samuel Licht and Maury L. Ashman of the Five Boroughs circuit, and Maxwell L. Rothman of the Alvin, Guttenberg, N. J. O'Neill to Providence Boston, Nov. 15. — Vaughn O'Neill has been shifted from Loew's State here to Loew's State in Providence. Walter Murphy replaces him as trea- surer of the local house. O'Neill re- places Maurice Druker, resigned, as assistant manager in Providence. CROUCH cost per theatre to participate is $5, including trailers, advertising "material, etc. T Lowell Thomas was the guest speaker at the Headline Club of Sig- ma Delta Chi, Tuesday. Leading newspaper and radio executives of Chicago were present. ▼ Bryan Foy, Warner producer, and several members of his staff spent last weekend in Chicago attending the Notre Dame-Minne- sota game at nearby South Bend and signing the performing blind horse, Elmer Gantry, to a Warner contract. The horse will be shipped to Hollywood shortly to be starred in a picture called "The Great Gantry." T Henri Elman, theatre operator, ex- change manager and distributor, candidate for mayor and local in- dustry leader has sent out the invita- tions for the testimonial stage dinner to be given Dec. 2, in honor of Jack Kirsch, Allied president. A large number of film and theatre executives are expected from various parts of the country for the affair which will be held in the Congress Hotel. Wednesday, November 16, 1938 New York Censor Revenue for Year Reaches $304,073 Revenue of the New York State Motion Picture Division for the year ended June 30, last, totaled $304,073, a gain of $11,638 over the $2^ 435 received during the preceding, i2- month period, according to the report of Irwin Esmond, director, which was submitted yesterday to Frank P.. Graves, Commissioner of Education. The 17 years of operations of the division have netted the state $2,537,- 322. Expenditures of $64,648 showed little change from the preceding year. Foreign films reviewed by the de- partment during the year numbered 455, or more than 20 per cent of the 1,955 films submitted for licensing. This represents a gain of 60 foreign productions over the preceding period. The foreign-made films came from 19 countries — Great Britain, France, Sweden, Germany, China, Poland, Mexico, Hungary, Italy, Russia, Czechoslovakia, Argentina, Spain, Egypt, Arabia, Denmark, Greece, Borneo and Java. The report showed that 23 films were refused licenses ; 772 elimina- tions of dialogue, subtitles or scenes were made, and that 12 appeals from these decisions were taken either to the Commissioner of Education or the Board of Regents. No reversals re- sulted from any of the appeals. Reasons for the eliminations were, indecent, 364; inhuman, 28; tending to incite to crime, 60 ; immoral or tend- ing to corrupt morals, 265, and sacrilegious, 55. Ascap Wash. Appeal First Week in Jan. Appeals which will provide the first tests of the constitutionality of legis- lation to bar Ascap from operating within individual states are slated to be heard by the U. S. Supreme Court during the first week in January. The appeals involve the anti-Ascap legis- lation enacted by Florida and Wash- ington. Outcome of the two appeals will likely determine the constitutionality of the only other existing anti-Ascap legislation, that of Montana, Nebraska and Tennessee, as all of the statutes are similar. Trial of Ascap's attack on the con- stitutionality of the Nebraska legisla- tion in the Federal statutory court at Lincoln will be delayed until after the first of the year, due to the fact that Richard C. Hunter, State Attorney General, was defeated in the last elec- tion. His successor, Walter R. John- son, will not take office until after the first of the year and cannot be sub- stituted for his predecessor in office as a defendant in the Ascap case until that time. Schwartz & Frohlich, Ascap counsel, will move for the sub- stitution immediately after Jan. 1. Chicago Union Talks Up Chicago, Nov. 15. — Negotiations on a new contract with the operators' union are expected to be resumed by exhibitor leaders and union officers here this week, following the return of John Smith, union official, from a vacation. Trade in Chicago Prepares For Annual Charity Drive Wednesday, November 16, 1938 MOTION PICTURE DAILY RKO Won't Make Films Abroad, but May Finance Some Out Hollywood Way RKO has no plans for production abroad, but will keep its channels open, as in the past, for deals with E'^lish producers on individual pic- t/Ol), Phil Reisman, foreign distribu- tioTT head, said yesterday. The company thus may extend par- tial financing and exchange talent de- fending on the terms of the individual deals, he said. Negotiations are under way with Herbert Wilcox for addi- tional films and with Major Pictures, recently organized by Walter Futter ' and Leslie Howard, but no agree- ments have been reached yet. RKO's foreign business is ahead of last year, despite conditions, Reis- man declared, with Great Britain and Scandinavian countries the brightest spots. The company's revenue in China is up and holding its own even in Czechoslovakia, he added. The Sudeten area ceded to Germany did not represent a serious loss to Amer- ican companies as it wTas not an im- portant revenue producing territory. Russia Wants "Snow White" - "Snow White and the Seven Dwarfs" is contributing largely to RKO's business abroad. Reisman ex- pects the overseas gross on the pic- ture to almost equal the domestic fig- ure. Its release in most countries is now starting, with native language dubbing. Soviet Russia, which has imported few American films, is a great ad- mirer of Walt Disney, and Reginald Armour, RKO European chief, is scheduled to go to Moscow in a couple of weeks to negotiate a deal on "Snow- White." Russia buys its outside pic- tures outright. Regarding the Italian situation, Reisman declared: "American film companies are not withdrawing from Italy ; they are being driven out. Italy is a highly desirable market. All companies would like to remain there. But we are being forced out." He said RKO's position has not been precisely defined, as its distribu- tion in Italy is handled by General Cine, a domestic organization, and the contract with that company ex- tends to the 1939-'40 product. Chief Causes Economic E. N. I. C, the new Government distributing agency, cannot take over RKO's contract with General Cine without RKO's approval, Reisman ex- plained. He is inclined to believe that E. N. I. C. is making a deal with General Cine and other domestic or- ganizations for their releasing con- tracts with American firms which do not- have their own organizations in Italy. These include also Universal, United Artists and Columbia. The underlying causes for Italy's move are economic, but there are con- tributing factors, one of the chief be- ing the desire to promote the Italian industry, Reisman declared. He does not believe that Italy will impound prints. When RKO was forced out of Austria through German annexa- tion, between 35 and 40 of its prints were impounded. In addition to the revenue involved in the Italian situation, there is a prin- ciple at stake, according to Reisman. Hollywood, Nov. 15. — John Wayne, featured last season in a se- ries of Trem Carr productions for Universal release, gets his biggest role to date, playing opposite Claire Trevor in Walter Wanger's "Stage Coach" for United Artists release. . . . Mary Carlisle, on her first free lance assignment since leaving Para- mount, goes to Republic for the femi- nine lead in "Fighting Thorough- breds," formerly called "Kentucky Sweepstakes," and in which Ralph Byrd and Robert Allen, the latter on loan from 20th Century-Fox, are featured. Sidney Salkow will direct. . . . Priscilla Lane, Wayne Mor- ris, Eddie Albert and Jane Bryan, who appeared in "Brother Rat," will be featured in Warners' "Life Is a Parade," sequel to the V. M. I. story. Jerry Wald and Richard Macauley are writing the story, and William Keighley will direct. . . . "All This and Heaven, Too," best seller by Rachel Field, has been purchased by Warners for Bette Davis. + Casting — Paramount placements: Hedda Hopper to "Midnight ;" Lu- cius Beebe to "Cafe Society;" ZaSu Pitts and Hugh Herbert to "The Lady's From Kentucky ;" Regis Toomey, Mala and Julia Faye to "Union Pacific ;" Helen Twelvetrees to "Persons in Hiding." . . . Warner assignments : Beulah Bondi and Sheila Bromley to "Nancy Drew, Reporter;" William Lundigan bor- rowed from Universal for "Dodge City;" Tim Holt and Olin How- land to "Dodge City;" Joseph Cal- leia, Henry O'Neill, Gale Son- dergaard, Gilbert Emery and Hugh Sothern to "Juarez." . . . Barry Fitzgerald, Paul Guilfoyle, Allan Lane, Douglas Walton, Halliwell Hobbes and Florence Lake to "Pa- cific Liner," Phyllis Kennedy to "Love Affair," and "Frances Mer- cer to "The Castles," all at RKO. + Directors — Robert Hill will guide "Wild Horse Trail," next Jack Ran- dall western for Monogram. . . . Gus Meins has been signed by Republic for "Mysterious Miss X." . . . 'Terry Morse has been given the assign- ment of "The Return of Dr. X" at Warners. . . . Jack Townley, writ- er, will direct Gene Autry"s next picture at Republic. + Writers — Mary McCall, Jr., goes to Republic to write the script of "Wagons Westward," story of the ill fated Donner party. . . . Robert Buckner and 'Niven Bush are work- ing on the script of Warners' "Battle of City Hall" in which the "Dead End" kids and Humphrey Bogart will be featured. RKO has been approached by E. X. I. C. on a deal, but the terms are impossible for the company to accept, he asserted. The problem is a lesser one for England, which sends few films to Italy, and the French will not be greatly affected as production in France is largely by individual pro- ducers, Reisman believes. America, he said, will feel the brunt. English Exports Gain London, Nov. 15. — Total of exports of exposed positive film for October was 3,515,787 feet, compared to 1,987,- 623 feet for October, 1937. Imports for the month totaled 1,647,742 feet, compared to 1,998,354 in October last year. Joyce Receives $1,000 John E. Joyce, as special master of Paramount Publix, Inc., was allowed ad interim commission of $1,000 yester- day by Federal Judge Alfred C. Coxe The order providing for the allow- ance stated that further commissions would be allowed when Joyce com pleted his work. He has received to date a total of $14,000 since his appointment in 1933. Principal Is Restrained Principal Film Exchange, Inc., was restrained pending trial from distrib- uting films produced by Superior Talking Pictures, Inc., and Screen Productions, Inc., by N. Y. Supreme Court Justice Edgar Lauer yesterday Academy Starts Campaign To Improve Foreign Prints Hollywood, Nov. 15. — A survey of laboratories throughout the world in an effort to establish a universal sys- tem of laboratory procedure to better the quality of American film release prints is being undertaken by the Re- search Council of the Academy of Motion Picture Arts and Sciences. Questionnaires were sent this week to 273 laboratories in 39 foreign coun- tries as the first step, preparatory to establishing a system of uniform tech- nical information to be given by American companies with the "dupe" or lavender negatives to facilitate bet- tering of foreign release prints. The project, one of the most far reaching in the Research Council's history, is under the direction of Ger- ald Best, chairman of the foreign release print committee, and Gordon S. Mitchell, manager of the Research Council. Foreign-made release prints of American films have suffered in many instances principally because of the lack of instructions accompanying the lavenders as well as the unfamiliar ity of some foreign laboratories with American methods. Membership of the committee in eludes L. A. Aicholtz, Fred Albin Philip E. Brigandi, Claude C. Carter L. E. Clark, Alan Freedman, Franklin LaGrande, Michael Leshing, Charles Levin, A. W. Miller, J. M. Nicko laus, C. Parfrey, Gerald Rackett George Seid, Sidney Solow, Joseph Spray, John Swain, Randal Terraneau and Ray Wilkinson. TRUE STORIES FROM ALTEC FILES IRVING VINCENT, Manager of the Grand Theatre, Oconto Falls, Wis. Manager So Sure of Getting Sound Sells Nite Show OCONTO FALLS, WIS— "I was playing 'Snow White' to a very good business on Sunday afternoon, but during the second reel of the second matinee the sound went completely dead," said Irving Vincent, Manager of the Grand Theatre here. "I checked on everything I could but with no success, so I called our Altec In- spector, W. H. Lewis at 5:30 P.M. at Iron Mountain, Mich., a distance of 85 miles. "I had visions of losing a good Sunday nite's business, but took a chance on Lewis' getting sound restored, and sold out the house for the evening show before he arrived. "In less than two hours, Lewis arrived, and cleared the trouble in ten minutes. My Sunday nite show hit the sheet on schedule." Altec inspectors are intimately familiar with all types of sound projection equip- ment, irrespective of who manufactured it. An Altec Service Agreement gives you greater protection for your theatre. .ALTEC ALTEC SERVICE CORPORATION 250 West 57th Street New York City. Gentlemen: Have the Altec man in my neigh- borhood call me for an appointment. No ob- ligation to me, of course. NAME THEATRE ADDRESS CITY .THAT YOUR THEATRE MAY NEVER BE DARK." MOTION PICTURE DAILY Wednesday, November 16, 1938 "Citadel"with $14,500 Takes Cleveland Top Cleveland, Nov. 15. — "The Cita- del" made a strong showing at Loew's State with a take of $14,500. "Suez" and "Brother Rat" gave Warners' Hippodrome $14,500 also. "Five of a Kind" was good for $4,- 000 at the Allen. Weather was clear all week. Estimated takings for the week end- ing Nov. 1 1 : "Five of a Kind" (20th-Fox) ALLEN— (3,000) (30c-35c-42c) 7 days. Gross: $4,800. (Average, $4,000) "Suez" (20th-Fox), 4 days, 2nd week "Brother Rat" (Warner), 3 days WARNERS' HIPPODROME — (3,800) (30c-35c-42c) 7 days. Gross: $14,500. (Average, $12,000) "Hard to Get" (Warner) RKO PALACE— (3,100) (30c-35c-42c) 7 days. Gross: $7,500. (Average, $8,000) "The Citadel" (M-G-M) LOEW'S STATE— (3,500) (30c-35c-42c) 7 days. Gross: $14,500. (Average, $13,000) "Men With Wings" (Para.) LOEW'S STILLMAN— (1,900) (30c-35c- 42c) 7 days, 2nd week. Gross: $4,500. (Average, $5,000) "Straight, Place" Minneapolis Lead Minneapolis, Nov. 15. — "Straight, Place and Show," aided by Glen Gray's Casa Loma Orchestra, turned in a splendid $16,100 at the Orpheum. "That Certain Age," transferred from the Orpheum, did $6,000 and has moved into the World for an indefi- nite run. In St. Paul, the best business pro- ducer was "Men With Wings" at the Paramount with a take of $5,000. Estimated takings for the week end- ing Nov. 10 : Minneapolis: "Mr. Doodle Kicks Off" (RKO) "Girls' School" (Col.) ASTER— (900) (15c-25c) 7 days. Gross: $1,600. (Average, $1,500) "That Certain Age" (Univ.) CENTURY— (1,600) (25c-40c) 7 days, 2nd week. Gross: $6,000. (Average, $4,000) "Campus Confessions" (Para.) GOPHER— (980) (25c) 6 days. Gross: $3,600. (Average, $3,000) "Straight, Place and Show" (20th-Fox) ORPHEUM— (2,900) (35c-55c) 7 days with Glen Gray's Casa Loma orchestra. Gross: $16,100. (Average, $4,800) "Men With Wings" (Para.) STATE— (2,300) (25c-40c) 7 days, 2nd week. Gross: $4,800. (Average, $4,400) "Dark Eyes" (Kassler) WORLD— (400) (25c-55c) 7 days. Gross: $1,100. (Average, $1,600) St. Paul: "Five of a Kind" (2 Omaha Omaha, Nov. 16. — Members of Omaha Variety Club will hold the annual election of officers on Dec. 3 at a luncheon meeting in club headquar- ters. Club will select officers to suc- ceed : Walter M. Green, chief barker ; S. J. Francis, first assistant ; Ted Mexdexhall, second assistant; Sam Epstein, dough guy, and Edward Shafton, property master. Canvass- men are Harry Shumow, Glenn Rogers, Ike Rubix, Roy Palmquist, D. V. McLucas, Bill Foley, H. No- vitsky, R. S. Ballentine and Men- den hall. Washington Washington, Nov. 16. — An elabo- rate entertainment has been arranged for the fifth annual dinner and dance to be staged by Variety Club at the Willard Hotel Nov. 19." Chairman Hardie Meakin, together with Harry Anger and Gene Ford, have been lining up talent. B. & K. Club Elects Chicago, Nov. 16. — Newly elected officers of the Balaban & Katz Em- ployes Club are as follows : Roy Mac- Mullen, president; Charles N. Burris, first vice-president in charge of wel- fare ; Walter Lyons, second vice- president in charge of entertainment ; Joe Kearns, third vice-president in charge of athletics ; Althea Levy, sec- retary, and Otto Zeman, treasurer. Directors are Ralph Sherry, Leslie Walrath, William Bader. MOTION PICTURE DAILY (.Registered U. S. Patent Office) MARTIN QUIGLEY, Editor-in-Chief and Publisher; SAM SHAIN, Editor; JAMES A. CRON, Advertising Manager. Published daily except Saturday, Sunday and holidays by Quigley Publishing Com- pany, Inc., Martin Quigley, president: Colvin Brown, vice-president and treasurer. Publication office: 1270 Sixth Avenue at Rockefeller Center, New York. Telephone: Circle 7-3100. Cable addresss: "Quigpubco. New York." All contents copyrighted 1938 by Quigley Publishing Company, Inc. Address all correspondence to the New York office. Other Quigley publications: Motion Picture Herald, Better Theatres, Teatro al Dia, International Motion Picture Almanac and Fame. BUREAUS: — Hollywood: Postal Union Life Building, Vine and Yucca Sts.; Boone Mancall, manager; William R. Weaver, editor. Chicago: 624 S. Michigan Ave., C. B. O'Neill, manager. London: 4 Golden Square, W. 1: cable address, Quigpubco, London; Hope Williams, manager. Entered as second class matter Sept. 23, 1938, at the post office at New York, N. Y., under the act of March 3. 1879. Subscription rates per year $6 in the Americas and $12 foreign. Single copiei 10c Thursday, November 17, 1938 MOTION PICTURE DAILY "Cowboy"Does $43,000 in 2 L.A. Theatres Los Angeles, Nov. 18. — "The Cowboy and the Lady" took the big money here, with $22,500 at the ' jJner Downtown and $20,500 at the Warner Hollywood. "The Great Waltz" and "Down on the Farm," dualled, grossed $15,690 *i the Chinese and $16,618 at Loew's State. "Room Service" and "Break- - ing the Ice" was good on a dual at the Hillstreet and Pantages. Estimated takings for the week end- ing Nov. 16 : "The Great Waltz" (M-G-M) "Down on the Farm" (20th-Fox) CHINESE — (2,500) (30c-75c). 7 days. Gross: $15,690. (Average, $12,500) "Room Service" (RKO) "Breaking the Ice" (RKO) HILLSTREET — (2,700) (30c-65c), 7 days. Gross: $8,300. (Average, $6,500) "The Great Waltz" (M-G-M) "Down on the Farm" (20th-Fox) LOEW'S STATE — (2,500) (30c-75c), 7 days. Gross: $16,618. (Average, $14,000) "Room Service" (RKO) "Breaking the Ice" (RKO) PANTAGES — (3,000) (30c-6Sc), 7 days. Gross: $8,100. (Average, $7,000) "Men With Wings" (Para.) PARAMOUNT— (3,595) (30c-65c), 7 days, 2nd week. Stage: F. & M. revue, Rube Wolf and his orchestra. Gross: $15,500. (Average, $18,000) "The Cowboy and the Lady" (U.A.) WARNER BROS. (Hollywood) — (3,000) (30c-65c), 7 days. Gross: $20,500. (Average, $14,000) "The Cowboy and the Lady" (U.A.) WARNER BROS. (Downtown) — (3,400) (30c-65c), 7 days. Gross: $22,500. (Average, $12,000) British Trade to Form an MPPA; Will Enlarge Work (Continued from page 1) Century-Fox, Paramount, M-G-M, Herbert Wilcox, London Films, As- sociated Talking Pictures, Mayflower and the Pinewood group. Gaumont British and Associated British Pic- tures were the leading absentees. It is understood the American com- panies will go along if it is assured that the group will be entirely repre- sentative and in no sense anti-Ameri- can. Capt. Richard Norton expressed confidence that a new and stronger or- ganization will be developed from the weak F.B.I. Film Group, dissolution of which had been forecast recently. Andre Barsacq Here With French Players Andre Barsacq, director, and mem- bers of "Theatre des Quatre Saisons" company arrived yesterday on the Normandie. Their repertoire in New York will consist of eight productions which have not been seen here. Mem- bers of the company include Jean Daste, Maurice Jacquemont, Maurice Meric, Andre Frere, Michel Vitold, Andre Schlesser, Madeleine Geoffrey, Denise Berley, Andre Roussin and Svetlana Pitoeff. The opening per- formance is set for Nov. 28. Equity Hits Nazis Actors' Equity Association in a wire to President Roose- velt yesterday voiced "the horror and dismay of the American theatre world" over the events of the last two weeks in Germany. Paul Dullzell, executive secretary, sent the following wire to the President: "In the name of the Actors' Equity Association I desire to register my emphatic pro- test against the horrors per- petrated by the Nazi regime in Germany over the past five years, culminating in the unrestrained savagery and brutality of the last two weeks." This is the first time the organization has protested against conditions outside its professional field. Status Quo Theatre Scheme Is Hopeless (Continued from page 1) theatre ownership pending determina- tion of the suit. All efforts of the defendants to point out the financial danger of such a procedure have been unavailing. In consequence, defend- ants' attorneys are now preparing to contest the Government's application for a temporary injunction to restrain the companies from acquiring new theatres, which the Department has indicated it is now preparing. No further conferences in Washing- ton on theatre acquisitions are anti- cipated by the New York attorneys now unless the Government alters its uncompromising stand before making formal application for the injunction. All companies feel the only course re- maining open to them is to contest in court the imposition of what they regard as an unreasonable demand up- on their business operations. Murphy Adapting Story Dudley Murphy, who has just com- pleted "One Third of a Nation" for Paramount, starring Sylvia Sydney and Lief Ericson, at the Eastern Ser- vice Studios, is adapting "Body by Bronson," which he authored in col- laboration with Helen Meinardi. Murphy plans to produce and direct the picture in the east. Warner Managers Plan Sears Drive At Sessions Here W'arner branch managers will hold meetings today and tomorrow on plans for the third annual Sears Drive which will start Dec. 25 and continue for 16 weeks. These sessions follow meetings held this week which the district managers attended in New York and Chicago. The west coast meeting will be held in San Francisco, with W. E. Calla- way, Los Angeles district head, and the following branch managers at- tending: E. A. Bell, Denver; N. H. Brower, Los Angeles ; V. Stewart, Portland; William F. Gordon, Salt Lake City; Henry Herbel, San Fran- cisco; Al Oxtoby, Seattle. Rud Lohrenz, acting midwest dis- trict manager with headquarters in Chicago, will meet in St. Louis with T. R. Gilliam, Chicago; A. W. An- derson, Des Moines ; Fred Greenberg, Indianapolis ; R. T. Smith, Mil- waukee ; C. K. Olson, Minneapolis ; E. D. Perkins, Omaha; Hall Walsh, St. Louis. Fred Jack, Dallas district head, will meet in New Orleans with R. L. McCoy, Atlanta; John Bachman, Charlotte ; Doak Roberts, Dallas ; William Warner, Kansas City ; W. O. Williamson, Jr., Memphis ; L. Con- ner, New Orleans; J. O. Rhode, Okla- homa City. Ed Schnitzer, eastern district head, and Wolfe Cohen, Canadian district manager, will hold their sessions to- morrow. Meeting with Schnitzer in New York will be Paul S. Krumen- acker, Albany; N. J. Ayers, Boston; Charles Rich, Buffalo; John Pavone, New Haven; Harry Decker, New York; Harry Hummell, New Jersey. Cohen will meet in Toronto with L. Geller, Calgary ; M. J. Isman, Mon- treal; L. McKenzie, St. John; H. O. Paynter, Toronto ; Joseph Plottel, Vancouver ; G. A. Simmons, Winni- peg. Plan Seattle Film Ball Seattle, Nov. 16. — Film men in this area will stage a "Movie Ball" this year at Century Ballroom, with Dec. 2 as the tentative date. The committee includes : Dwight Spracher, Keith Beckwith, Frank Christie, Eddie Rivers, Louis Perunko, H. T. Moore, William O'Connor, Mike Barovic and Ernest Shields. Myers Tips Allied Claims In Trade Practice Parleys (Continued f M. P. T. O. A., unaffiliated units and the distributors have been working under voluntary agreements not to disclose the nature of their conversa- tions until crystallization. Myers told the convention that Al- lied's committee proposed certain can- cellation percentages on pictures that are identified in contracts, and a higher cancellation, running up to 30 per cent on pictures unidentified. He told the convention that distribu- tors had agreed to eliminate the score rom page 1 ) charge on flat-rental pictures, or else combine it with rentals, but that no decision had been made on percentage pictures. Allied, said Myers, still insists on concessions on the exhibitors' "right to buy" and in clearance, but admitted that both are problems to be worked out by local boards. The convention reelected all officers and directors, headed by Martin G. Smith, president ; M. B. Horwitz, treasurer, and P. J. Wood, secretary. 'Wings' High Denver Gross With $11,500 Denver, Nov. 16. — "Men With Wings" was the best bet here with $11,500 at the Denham. "Citadel" and "Listen, Darling," dualled at the Orpheum, took a strong $11,000. "Suez" was good with $4,000 in a second week, and "Garden of the Moon" and "Mysterious Mr. Moto" did well at the Paramount with $4,000. Estimated takings for the week end- ing Nov. 16 : "Suez" (20th-Fox) ALADDIN— (1,400) (25c-40c) 7 days, after a week at the Denver. Gross: $4,000. (Average, $3,500) "Stablemates" (M-G-M) "Mr. Doodle Kicks Off" (RKO) BROADWAY — (1,100) (25c-40c) 7 days, after 10 days at the Orpheum. Gross: $2,000. (Average, $2,500) "Men With Wings" (Para.) DENHAM— (1,750) (25c-35c-40c) 7 days. Gross: $11,500. (Average, $5,500) "The Sisters" (W. B.) DENVER— (2,525) (25c-35c-50c) 7 days. Gross: $8,000. (Average, $8,500) "Citadel" (M-G-M) "Listen, Darling" (M-G-M) ORPHEUM— (2,600) (25c-35c-40c) 8 days. Gross: $11,000. (Average, $7,500) "Garden of the Moon" (F. N.) "Mysterious Mr. Moto" (ZOth-Fox) PARAMOUNT— (2,200) (25c-40c) 7 days. Gross: $4,000. (Average, $3,500) "You Can't Take It With You" (Col.) "Torchy Gets Her Man" (W. B.) RIALTO — (878), (25c-40c) 7 days, "You Can't Take It With You" after a week at each the Denver, Aladdin and Broadway. Gross: $2,000. (Average, $1,750) To Hold Annual UA Meeting Tomorrow (Continued from page 1) which plans three or four features to be made in Hollywood and London. Otherwise, the board meeting may be for routine matters only. The annual meeting of stockholders may reelect directors and take dividend action but no election of officers is scheduled. Fairbanks will arrive from the coast with Marks tomorrow in time to at- tend both meetings, scheduled for 2 :00 and 3 :00 P.M., respectively. They plan to sail for England Satur- day on the lie de France. Expected at the meetings in addition to Fair- banks are Mary Pickford, Maurice Silverstone, Emmanuel Silverstone, James Mulvey, Charles Schwartz, Ed Raftery and Dennis F. O'Brien. Meltzers Drop Suit On Milford Theatre Chicago, Nov. 16. — With the signing of a new lease, the suit against Continental Properties, Inc., recently filed by the Meltzer Brothers, has been dropped. The suit concerned the leasing of the Milford, owned by Con- tinental Properties. Inc., whose offi- cers are Harry and Elmer Balaban, Milton Spitz and Morris Leonard. Filing of the suit followed the Meltzer claim that they had agreed upon terms for a new lease on Sept. 16. Later they said they were advised the terms were not satisfactory and were ordered to leave house when the lease expired Oct. 31. However, im- mediately following the filing of the suit an understanding was reached and a new lease worked out, Warner Bros, acknowl- edge with pride the widest simultaneous 'A'-Theatre engage- ments of any attraction in our history. Youngstown • Ohio, Canton • Sixth Street 1 Coshocton • Ohio, Mansfield • Capitol) li Steubenville • Majestic, Houston • Holly! wood, Fort Worth • Paramount, Amari] Lyric, Brownwooi Orpheum, Davenporl Indiana, Indianapolis Utah, Salt Lake City Warner, Worces ite, It Jalem fartf Majestic, Dalla^ St^^^Aache^^B it«, SpAg herman, New Haven • Stran idgeport ■ Capit ihamokin • Strand, [etropolitan, Boston WarrM Pittsfield ^P^^^^ ^ Stamfoi Palace, Rochester^ Keith, Syracuse • Opera \ \ \r\ Garde, Hmise, JamesiHM^- CaHlina, KreViville National, Greensboro * Granada. So. Bend Palace,wDim Colonial, Akro ictory, Dayton ton • Srpb ilwaukee , So. Broa Warner Strand, New York ewburgh 4 Branford, Newark Stanley, Jersey City • Fabian, Pater son * Mon- Springfield, Ohio- Ben Ali , Lexing Parkersburg • Virginia, Char Lima • Hippodrome, Cleveland • Warner, von, Poughkeepsie * Brandeis, Omaha • FoxJ (total) Philadelphia * Orpheum, Sioux Chy^^titL leading ■ Aiding Wilmington • Colonia Ulentown • Stanley, Atlantic City • Gran ^ncaster * Palace, Bethlehem • Capitol, York ter • Palace, Be Easton • Gomerford, Scranton • Penn Fox, San Francisco • St Capitol, Wilkes Barre • Rialto, Vallejo * Manos, Greensburg • er, Morgan town • Fox, umbia, Warn sport * State, Mt. m State, Altoona • Cambria, Jo Victor^^ak CAtle • Colkmbia, Sha Clark oxy,^pringfield, 111. ureka • Hanlon, inajj J^x, Oakland Jose Warner, Fresno • Cali ^^rty, Qumberland • acramento • Mission, ifornia^ Stockton ANGELS WITH DIRTY FACES Starring JAMES CAGNEY PAT O'BRIEN THE "DEAD END " KIDS HUMPHREY BOGART ANN SHERIDAN-GEORGE BANCROFT Directed by MICHAEL CURTIZ Screen Play by John Woxley and Warren Duff • From a Story bv Rowland Brown • Music by Max Steiner • A First National Picture MOTION PICTURE DAILY Thursday, November 17, 1938 Short Subjects 'Grid Rules" (M-G-M) Pete Smith traces the history of football from the early days when the team that took possession of the ball kept it to the end of the game down to the present and shows some of the tricks that have been introduced by coaches year after year until the development of the modern game with forward passing. It's timely and popular. Running time, 10 mins. "G."* "Hot on Ice" {M-G-M) By means of slow motion and miniatures Pete Smith makes ice hockey understandable from the scien- tific as well as the speed angle. The slow motion explains many maneuvers which to the average spectator are a blur of fast movement. Some of the fouls are explained. When the scenes are turned on at standard speed, with Smith's comment, there are laughs to mix with the general excitement. Run- ning time, 10 mins. "G."* "John Nesbitfs Passing Parade" (M-G-M) John Nesbitt has shown consider- able imagination in tracing the history of an automobile from the days of its shiny newness down through its used car career to the junk yard, its squeezing into a bale of scrap iron, its return to the foundry and emergence as a machine gun. The automobile is made to do the talking. Running time, 10 mins. "G."* KEEP YOUR RED CROSS ALWAYS READY RED CROSS ROLL CALL November 11 -24, 1938 Your memberships given NOW assure prompt Disaster Relief, help for dis- abled veterans, and Life Saving & First Aid training. Motion Picture Group W. G. Van Schmus, Chairman NEW YORK CHAPTER AMERICAN RED CROSS 315 Lexington Ave., New York Hollywood Previews "Storm Over Bengal" (Republic) Hollywood, Nov. 16. — One of the better pictures to come from Re- public, "Storm over Bengal," by virtue of its commercial and artistic values, justifies the increased budget. Its 65 minutes are filled with action, suspense and romance set against the background of Northwest India during the revolt of a fanatic seeking to overthrow British rule. The cast is headed by Patric Knowles, Richard Cromwell and Rochelle Hudson, who are supported by Douglas Dumbrille, Colin Tap- ley, Gilbert Emery and Halliwell Hobbes. Sidney Salkow, virtual newcomer to direction, made the most of the opportunities offered by the original screenplay of Dudley Waters and turned out a well balanced film. Armand Schaefer was associate producer. Knowles and Cromwell, brothers, are alienated because of their love for Miss Hudson, engaged to the former. Knowles, sent on a dangerous mission, is captured by the fanatic, and Cromwell crashes his airplane to prevent the British column from marching into an ambush laid by the rebel, and is killed. Running time, 65 minutes. "G."* Vance King *"G" denotes general audience classification. The Little Adventuress" (Columbia) Hollywood, Nov. 16. — Edith Fellows is the star of this picture which sticks pretty close to the standard race horse story formula. There is quite a bit of persecution element in the theme, the purpose of which is to stimulate the more sympathetic emotions. There's a comedy content, to be sure, a trace of romantic love interest and, of course, the customary thrill action conclusion in which the joys of triumph eradicate the memories of disappointment and sorrow. Only possession of Miss Fellows, an orphan, is a racehorse in which she has great faith. With Cliff Edwards as a companion, she sets forth for the home of her aunt, Virginia Howell. En route, she meets a cousin, Richard Fiske, and then the trio's troubles begin. The horse almost dies, the aunt conspires to have Miss Fellows and Fiske thrown into jail, the girl cannot understand Fiske's romantic attachment for Miss Wells, their jockey is caught trying to double cross them. In the big race, with Miss Fellows in the saddle, the horse wins. Running time, 60 minutes. "G."* *-"G" denotes general audience classification. New York Preview "Strange Faces" (Universal) Two newspaper reporters — Frank Jenks and Dorothea Kent — on the trail of a gangster — Leon Ames — who has killed his double and has assumed his identity to return to Mason City as a local hero after a 10-year absence furnish some lively action on a small town background. There's more comedy than gangsterism in the development of the story. Jenks makes a date to meet Miss Kent at the marriage license bureau in New York and departs immediately for Mason City by automobile. Miss Kent beats him there and gets a job on the local newspaper where Andy Devine is editor. In the meantime Ames has made himself solid with the local citizens and is on his way to stealing Devine's girl friend, Mary Treen, who has inherited a fortune. In the course of untangling the complications Jenks gets himself arrested, Ames throws a man out of a hotel window, both Jenks and Miss Kent get into a comic mixup in a garage, and the picture winds up with an automobile chase in which Ames loses his life. The picture was not designed as a special, but has its moments and ought to appeal to audiences who like melodrama sprinkled with laughs. Errol Taggart directed. Charles Grayson did the screenplay based on an original by Cornelius Reece and Arndt Guisti. Burt Kelly was asso- ciate producer. Running time, 65 minutes. "G."* *"G" denotes general audience classification. Medal to Hermann Columbus, Nov. 16. — John Hermann, Paramount cam- eraman who accompanied Commander Byrd on his sec- ond expedition to Little America and took the official pictures of the entire expedi- tion, will be presented with the Congressional Medal of Honor at a Variety Club luncheon here tomorrow. Presentation will be made/ by Gov. Martin L. Davey.^ Harry Goldstein, Paramount district manager and Duke Clark, branch manager, will attend from Cleveland. "Take It" Detroit's High with $35,000 Detroit, Nov. 16. — "You Can't Take It With You" took a smash $35,000 at the Fox. "The Great Waltz" was fair at $8,000. "Suez," moved from the Fox to the Adams for a second week, did $8,400. "Men With Wings" went to the Palms- State for a second week. Estimated takings for the week end- ing Nov. 11 : "Suez" (20th-Fox) "Meet the Girls" (20th-Fox) ADAMS — (1,700) (10c-40c) 7 days. Gross: $8,400. (Average, $5,000) ' You Can't Take It With You" (Col.) FOX— (5.000) (15c-65c) 7 days. Gross: $35,000. (Average. $20,000) Stage: Billy Blake. Rosalean & Seville. Shea & Ray- mond. "Stablemates" (M-G-M) "Mother Carey's Chickens" (RKO) MICHIGAN— (4.000) (15c-65c) 7 davs. Gross: $10,000. (Average. $10,000) "Men with Wings" (Para.) "When Were You Born" (W. B.) PALMS -STATE— (3.000) (15c-50c) 7 days. Gross: $5,500. (Average, $5,000) "The Great Waltz" (M-G-M) UNITED ARTISTS— (3,000) (15c-50c) 7 days. Gross: $8,000. (Average. $10,000) Ellis to Be Narrator For Canadian Reels Montreal, Nov. 16. — Christopher Ellis, veteran newscaster and script writer, has been signed as narrator for a series of Government-sponsored reels, titled "The Kinsmen." Produced by the Association of Screen News for the Canada Wheat Board, the pictures will be distributed abroad. Senator to Open Nov. 24 Pittsburgh, Nov. 16. — The Harris Amusement Co. will reopen the Sen- ator, formerly Loew's Aldine, Nov. 24 with "Service De Luxe" on the screen and John Boles in person on the stage. Ken Hoel has been named manager of the Senator. He moves there from the Liberty, where his successor will be John O. Hooley. Darmour Re-Signs Holt Hollywood, Nov. 16. — Jack Holt was signed to a new one year contract today by Larry Darmour for the fourth consecutive year. Darmour said budgets would be increased on the Holt vehicles, which will be released by Columbia. W. B. Buy "Elizabeth" Hollywood, Nov. 16. — Warners have purchased the Maxwell Ander- son play, "Elizabeth the Queen." Bette Davis and Errol Flynn will be starred in the production. $4.00 POSTPAID ESSENTIAL BOOKS FOR SUCCESSFUL THEATRE OPERATION AIR CONDITIONING by CHARLES A. FULLER 567 pages, dealing with air and its properties, plant load calculation, air distribution, grilles, heating and dehumidification, fans, cooling coils and air-washers, mechanical refrigeration proc- esses and machinery, well drilling and well-water cooling, ice cooling, storage refrigeration, evaporative condensers and water saving de- vices and methods, unit coolers, automatic con- trol, air cleansing and purification, and codes and ordinances regulating installation. Book is bound in cloth, has index system and psychro- metric charts. $6.25 POSTPAID $3.25 POSTPAID $4.00 POSTPAID $6.50 POSTPAID H. F. RICHARDSON'S BLUEBOOK of PROJECTION This is the revised sixth edition and is now in its second printing. It includes 722 pages of up-to-the-minute text, charts and data with de- tailed description of assembly, wiring and func- tioning of all modern sound and projection apparatus. It is a practical "trouble shooter," and is cross indexed for immediate reference in any projection room emergency. MOTION PICTURE ALMANAC The 1938-39 edition is bigger and more com- prehensive than ever before. International in scope, it contains over 1200 pages crammed with vital facts and figures covering every phase of the Motion Picture Industry. The Who's Who section alone, includes more than 12,000 biographies. Every exhibitor needs this annual industry reference. Edited by Terry Ramsaye. THEATRE ACCOUNTING Written by William F. Morris. Acknowledged to be the best bookkeeping system for theatres. Enables you to keep your accounts easily and accurately, tabulating each day's receipts and expenses. Guards against income tax troubles and losses through errors. Thousands of ex- hibitors are using this ledger because it is easy, self-operating and accurate. Order yours to-day. MOTION PICTURE SOUND ENGINEERING 547 pages; illustrated; covers every practical method and process in present-day sound engineering. Leading engineers explain every detail of apparatus and its arrangement, with diagrams, tables, charts and graphs. This man- ual comes straight from the workshops of the studios in Hollywood. It is indispensable to everyone working with sound equipment. QUICLEY BOOKSHOP ROCKEFELLER CENTER, NEW YORK CITY MOTION PICTURE! DAILY Thursday, November 17, 1936 RADIO Gotham Losing GroundasNBC Program Point (Continued from pane 1) of the present monopoly investigation by the Federal Communications Com- mission. John F. Royal, vice-president in charge of programs, credited the work of American station with making the United States preeminent in set own- ership. He testified that it was the diversified popular programs broad- cast here which made this possible. With 38,000,000 radio receivers in use, this country has more sets than the aggregate number in the 12 coun- tries which have more than 1,000,000 each, Royal declared. An average of 290 sets per thousand of population is 100 sets per thousand higher than Denmark, which is in second place, he said. A chart was introduced to prove that countries where dance and light music are broadcast are far ahead in set ownership of countries where serious music predominates. Daniel S. Tuthill, assistant manag- ing director of the NBC Artists' Serv- ice, concluded testimony this morning. Tuthill stated that he had no records to show how many of the 300 artists now represented by the NBC bureau were formerly under CBS or other management. A decision to recall George Engles, head of the bureau, was abandoned when it was learned that the latter is ill. Royal, in his testimony, pointed out that NBC programs offer more drama, talks and music than stations in any of the six European countries where statistics are available. Colonial Network to Handle Boston Games Boston, Nov. 16. — WAAB and the Colonial network have purchased exclusive broadcasting rights of the Boston American League games. The contract is for two years, and was arranged by John Shepard, head of the Colonial network, and Bob Quinn, manager of the team. Similar arrangements are now be- ing discussed with the Boston Red Sox, with a definite decision expected by December. Take "Minute Mysteries" Associated Bar Stores, Inc., have purchased the entire output of 52 transcriptions in the "Five-Minute Mystery" series for broadcast under its label over WTAR, Norwalk, Conn. WHAI, in Greenfield, Mass., has also purchased the entire series for a local client. Thomas, Fish to Debate Norman Thomas, Arthur T. Robb, editor of Editor and Publisher, and Congressman Hamilton Fish will dis- cuss free speech in a debate on the "Town Meeting of the Air" Nov. 24. Murrow on Lecture Tour Albany, Nov. 16. — Edward R. Murrow, European director of CBS, opened a lecture tour here today, with the "European Situation" as his sub- ject. FCC Ask Approval Of Civil Service On Purge Ousting Washington, Nov. 16. — Civil Serv- ice Commission aoproval of the dis- charge of Davis G. Arnold, chief examiner ; Melvin H. Dalberg, prin- cipal examiner, and G. Franklin Wis- ner, information expert, was asked yesterday by Chairman Frank R. Mc- Ninch, it was revealed today by the Federal Communications Commission. The three men were summarily dis- charged last week as part of Mc- Ninch's "purge" of F.C.C. personnel and, being under civil service, ap- proval of the Civil Service Commis- sion was necessary. It was disclosed by McNinch that before asking the commission to vote on the dismissals he conferred with William J. Dempsey, recently made general counsel following the dismis- sal of Hampton P. Gary, and was ad- vised his proposal was within civil service law and rules. Lewis, Olmstead to Coast on Gulf Show Tom Lewis and Clarence Olmstead of Young & Rubicam's radio depart- ment left for Hollywood yesterday to confer with officials of the Screen Actors' Guild on the proposed pro- gram for the Gulf Gas Co. The proposed program would use screen players, with all fees, writing, acting and production going into the S.A.G. fund, rather than to the pro- fessionals. Negotiations between the client and the S.A.G. for the program have been under way for some weeks, and it is understood the negotiations are now in their final stages, with a deal likely to result from the present trip of Lewis and Olmstead. US Court Dismisses Suit Against Dumont Patent infringement suit of Rubin Condenser Co. and P. R. Mallory & Co., Inc., against Dumont Electric Co. and Phil and Jacob Dubilier, has been dismissed without prejudice in the U. S. District Court by stipulation of the attorneys. The plaintiff had sought an injunction, accounting of profits and judgment for damages, claiming infringement of five patents filed in 1927, covering improvements to condensers. Emerson to Appeal Case Emerson Electric Manufacturing Co. filed notice of appeal in the U. S. District Court yesterday from a dis- missal of its action by Judge Henry W. Goddard after trial. Plaintiff al- leged that Emerson Radio & Phono- graph Corp., Emerson Television- Radio, Inc., and Benjamin Abrams wrongfully used the trademark "Em- erson" and sought an injunction. Rosen Rejoins WLW Cincinnati, Nov. 16. — M i 1 1 o n Rosen, previously of the WLW musical staff, has rejoined that sta- tion as arranger and composer, after an absence of more than a year in California where he joined Vladimir Bakaleinkoff in writing music. More Latitude Mexico City, Nov. 16. — More latitude is apparently to be allowed lecturers on Mexican radio stations. Henry W. Curtis, announcer for XEB, obtained an injunc- tion against orders of the Ministry of Communications and Public Works that he be suspended from his employ- ment because the Ministry considered immoral an ac- count of the interview be- tween Cleopatra and Julius Caesar. The court held that the Curtis account was entertain- ing and historically true and as it did not infringe the Mexican Constitution, the announcer is entitled to con- tinue. WRDO Is Joining NBC Network Soon Another station has been added to NBC's network with an agreement just signed between the network and WRDO, Augusta, Me. The station has a power of 100 watts operating on a local channel of 1,370 kilocycles. It operates full time, and joins the network in December. WRDO, the rate card for which is $60 per evening hour, will be made available only to advertisers using WLBZ, Bangor, which also joins NBC in December. C. E. Kennison is the manager of WRDO. Two New Stations in Mexico City Opened Mexico City, Nov. 16. — XEQ. with 50,000 watts and 710 kilocycles, has been opened here by the Radio Pan- americana, S. .A, subsidiary of the company that runs the select Cine Teatro Alameda, leading theatre, and XEW. The magazine Hoy (Today) a weekly, has established XERH here. It operates on a frequency of 1,430 kilocycles. Concession of XEGW here has been cancelled by the Federal Government because it failed to comply with pro- visions of its franchise. Paley Drops Trust Shares William S. Paley has relinquished his voting trust for Class B shares of the broadcasting company, it develops from a letter delivered to stockhold- ers. Paley's voting trust for this stock dates from an agreement made in 1934. By the trust Paley was empowered to elect all of the Class B directors. Change Kaufman Time Sidney Kaufman's program of film comment, formerly heard over WQXR on Wednesdays, hereafter will be broadcast on Thursdays at 9 :45 P. M. Pillsbury Now on WOV The Pillsbury Flour Mills Co. has made its radio entry into the Italo- American field with the beginning of a new series of announcements over WOV, International Broadcasting Corp. station here. Arthur H. Ashley agency placed the business. ► Radio Personals < EARL FERRIS leaves New York today for a business trip to Chicago and Hollywood. . . . Leo Tyson, manager of KMPC, Hollywood, arrives in New York to- day for a brief visit. . . . Jack Salter of Evans & Salter, affiliated with Col- umbia Concerts Bureau, returns/ee m the coast today. . . . Kay ThorW ^on is vacationing in Maine for a few' days. . . . Jessica Dragonette, conclud- ing another leg of a concert tour, will be back in New York on Saturdpy. . . . Old Gold cigarettes, sponsoring , Robert Benchley in a new program starting Sunday, will tender a press party in a CBS Playhouse tomorrow afternoon. + Pittsburgh Ralph de Stefano, who used to be with Herbie Kay's band, has joined Al Marsico's outfit on WWSW via the "Show Boat" . . . Johnny Davis, announces at WWSW, is playing the role of a radio announcer in the Catholic Theatre Guild's production of "The New Sin" . . . Bernie Arm- strong's weekly variety show, "Time Out for Fun," is back on KDKA after being sidetracked for several weeks by political broadcasts . . . Bill Beal is now both writing and deliver- ing the daily "Movie Magazine of the Air" over KDKA . . . Havey Boyle, sports editor of the Post-Gazette, is now doing a commercial sports talk on the Isaly Dairy "Big Swing" pro- gram every Monday night over WCAE. + San Francisco Monthly dramatic auditions have been scheduled by KFRC, under di- rection of Ben Harkins . . . KFRC's assistant manager in charge of pro- duction, Bill Pabst, back from three- week business trip to New York . . . Leaders in California's $70,000,000 natural gas industry were interviewed over KSFO, in a special salute to that industry . . . Marian Ford has been named chief of KJB's traffic de- partment . . . Former KPO engineer Harold Yokela has joined staff of KRE, Berkeley, as announcer-pro- ducer . . . Walter Kelsey, NBC mu- sical director, is airing a new "De- sign for Music" series strictly in operetta form. + Cincinnati WLW and the Cincinnati Enquirer are exchanging courtesy announce- ments of Walter Winchell and "Terry and the Pirates," which are carried by both the station and the newspaper . . . James D. Shouse, vice-president of Crosley Corp., has been awarded a medal as winner in the WLW Artists Match at the National Muzzle Load- ing Championship. He defeated Joe Ries, educational director, and George C. Biggar, rural program supervisor . . . Initial Christmas broadcast of the season has been inaugurated by WCKY. Texaco Time Change Texaco's "Star Theatre," now heard Wednesdays from 9 :30 to It) :30 P. M. on CBS, will shift time from 9 to 10 P. M., starting Nov. 23. Alert, InteWgei arrays same to the^F qtion Picture Industry FILE COPY OO PsiOX REM£ii^L MOTION PICTURE DAILY First in and Impartial Vf ^\ 44. NO. 99 NEW YORK. FRIDAY, NOVEMBER 18, 1938 TEN CENTS NBC's Talent Sales in 1938 $15,000,000 '37 Figure $6,032,274; Mail Vital Factor Washington, Nov. 17. — NBC's in- come from sale of talent to advertis- ers will reach $15,000,000, this year, according to testimony of John F. Royal, vice-president, in charge of Additional developments in radio yesterday on page 8. programs, at the monopoly hearings now being held before the Federal Communications Commission. The total is apparently two and a half times the 1937 figure, which previ- ous testimony indicated at $6,032,274. NBC's program budget, for 1938, is $5,200,000, of which amount (.Continued on page 8) Quota Films Only Planned by Para. London, Nov. 17. — Paramount will confine its British production activities to the making of quota films only, it was learned here today. The decision means that nn high budgeted pictures for world distribution, entailing the assignment of Hollywood stars, pro- ducers, directors and technicians to London, will be made by the company here. Budgets for the quota films were not revealed but average cost of this type of picture is around $40,000. U. A. Employes Condemn Nazis United Artists employes, headed by Maurice Silver- stone, operating head of the company, have wired Presi- dent Roosevelt voicing appre- ciation of the Chief Execu- tive's "humanitarian views" regarding the atrocities in Germany. "You have ably voiced the feeling of horror and indig- nation of the American people toward the Nazi bru- tality and we all earnestly hope in pursuance with your high ideals that at the appro- priate moment you will use your great influence towards obtaining a discontinuance of all relationship with a nation that has such wanton disre- gard for human rights." UA Board to Hear Profit-Share Plan; Selznick's Deal Up Modifications of United Artists profit-sharing plan will be presented to the company's board for action at its meeting scheduled for today. The modifications are understood to meet objections voiced to the original plan by Charles Chaplin and Mary Pick- ford. These will be presented by Maurice Silverstone, chief executive of the company. David O. Selznick will confer with Silverstone today. Selznick returned yesterday from a vacation in Bermuda and will be here (Continued on page 5) Newsreels Watch 16mm. as Possible Source for Films Newsreel heads are closely watch- ing developments in the 16mm. field for various phases that may be in- corporated in newsreel production. They are investigating the competitive angle as well. Recent events abroad have proved that films made on 16mm. stock can be used to advantage by newsreels. With the central European map changing quickly, newsreels found it impossible to have camera men at every vantage point and were eager to obtain films from amateurs. Enlarged to standard size, these films were found to be almost as good as those taken on 35mm. stock. The practice of filling the gap with amateur films is not a new one with the newsreels, but only recently has 16mm. camera technique been devel- oped to a point where the newsreel executives have become exceedingly curious about the narrow gauge medium. Hitherto, 16mm. production has been limited chiefly to the commercial, educational, scientific and home film fields. Newsreels are watching the prog- ress of the home town newsreel pro- (Continued on page 5) U.S.-BRITISH TRADE PACT OMITS QUOTA British Labor Probe Report Believed Dead Agreements in Industry Halt Publication London, Nov. 17. — Proposal to is- sue a report on the Government's in- vestigation of labor conditions in the British film industry is authoritatively believed to be dead, following a meet- ing today at the Board of Trade be- tween Government officials and Cine- matograph Exhibitors' Association representatives. It was intimated that the Govern- ment and the exhibitors expressed (Continued on page 5) Holdovers Strong Broadway Grossers Second week holdovers on Broad- way proved strong attractions. "Broth- er Rat" earned an estimated $36,000 at the Strand, and "The Citadel" brought an estimated $37,000 at the Capitol. Both will go for a third week. "That Certain Age" was re- ported at $42,000 at the Roxy for its second week with "Submarine Patrol" opening there today. Second week of "The Young in Heart" grossed about $75,000 and made way for "Sixty Glorious Years" at the Music Hall yesterday. Dec. 1 has been set for the opening of "Pygmalion" at the Astor but no national release date has been set yet. "Marie Antoinette" will wind up a 15-week run on Nov. 27. Sailor's Widow Wins $30,000 from M-G-M Hollywood, Nov. 17. — Federal Judge Harry Hollzer today awarded a $30,000 judgment without limitation of liability to Mrs. Helen Gonmesen, widow of Kristen Gonmesen, against M-G-M. Gonmesen was a seaman who was swept overboard in the Pacific during the filming of "Captains Courageous." Suit was based on the contention that the shin was unsea- worthy and improperly manned. Only Film Concession Is Preferred Market In 10 Colonies Washington, Nov. 17. — Great Britain's new film quota which went into effect last spring is not affected by the reciprocal trade agreement signed here today, despite the Ameri- can representatives' efforts to obtain adjustments. The only concession was the estab- lishment by the United Kingdom of a preferential market for American film exports to 10 British colonies, which in 1936 had total imports of motion picture film and equipment valued at $390,000. Motion pictures are not listed as an item of negotiation in the 170 pages required for details of the agreement. However, it is understood the film situation in the British market was discussed by the negotiators. The Americans sought quota revisions which would alleviate the situation. The new agreement goes into effect Jan. 1 for a period of three years. It (Continued on page 5) "Devil's Island" Is Shelved by Warner "Devil's Island" apparently has been removed from the schedule of Warner releases. A new list of the Warner product does not include this picture. The reason is un- known, as this film has been completed, having been pro- duced by Bryan Foy, and came in at a good round fig- ure. Of course, it may be that Warners are proving that discretion is the better part of valor, because it is probable that a picture which projects the brutal aspects of such a penal colony as the French island prison, might cause some international dis- pute, from the French point of view particularly. Thus Warners are sacrificing an opportunity for commercial gain in the interests of inter- national peace and goodwill. "Devil's Island," insofar as known, was undertaken by W. B. after France had banned the prison colony, but under the Daladier govern- ment, Devil's Island was re- instated. MOTION PICTURE DAILY Friday, November 18, 1938 i Purely Personal ► JACK L. WARNER, vice-presi- dent in charge of Warner pro- duction, will leave England on the Nonnandie, and is scheduled to arrive in New York Thankgiving Day. He will leave here for the coast Dec. 3 with S. Charles Einfeld, director of advertising and publicity. • Ray Milland will leave by plane Dec. 12 on the first leg of his journey to England. Milland recently com- pleted "Men With Wings" and is now working in "Hotel Imperial," both for Paramount. • Louis D. Frohlich and Herman Finkelstein of Schwartz & Frohlich, counsel for Columbia, left last night for Indianapolis for a hearing on an infringement suit against the company. • Simon Lake, inventor of the mod- ern submarine, lectures tonight at the "Submarine Patrol" exhibit at the Museum of Science and Industry. He showed Nancy Kelly around yesterday. • Ed Kuykendall, M.P.T.O.A. presi- dent, will leave New York for his Columbus, Miss., home today. He plans to be back here for final trade practice conferences in three weeks. • Ralph H. Unks, Ross Federal supervisor for upstate Pennsylvania, has been promoted to assistant branch manager in Philadelphia, replacing W. R. Schwartz. • Frank Lloyd, Paramount pro- ducer-director, and Lou Smith, asso- ciate producer, left for the coast last night to start work on the forthcom- ing film, "Ruler of the Seas." • Rouben Mamoulian will arrive in New York from the coast today to interview candidates for the leading role in "Golden Boy," which he will direct for Columbia. • Ben Kalmenson, southern and western sales manager for Warners, will leave today for the company's Los Angeles branch. He will be gone about two weeks. • Barney Glazer, who resigned re- cently as an associate producer for Warners, will arrive in New York from the coast this weekend for a va- cation. • Douglas Fairbanks, Sr., who arrived from Hollywood today, has changed his sailing date to Nov. 28, when he will leave for England on the N ormandie . • Harold Rodner and Harry Gold- berg of Warners have returned from the Ohio I.T.O. convention in Colum- bus. • Mr. and Mrs. George Schaefer will celebrate their 20th wedding an- niversary Sunday.- Ward Morehouse of the Sun leaves today for a Caribbean cruise. • Jack Oakie is due here today with his wife en route to Europe. Insiders' Outlook ESTABLISHMENT of a permanent bureau to han- dle press relations for the entire industry is urged in a re- port submitted to George J. Schaefer yesterday by the adver- tising committee of Motion Pic- tures' Greatest Year. Basis of the recommendation is the need which the commit- tee sees for preserving the good will of the press and public to- ward the industry which was es- tablished during the drive. The report, prepared by How- ard Dietz, chairman of the campaign advertising committee, points out that the apparent good will did not exist prior to the campaign and could easily be destroyed or dissipated by neglect. ▼ "We must continually present the press with the story of mo- tion pictures in the best light," Dietz declares in his report. "I propose a continuing organiza- tion be provided. This organi- zation should have a paid staff which is a clearing house for the industry and which is ready to visit papers and other con- cerned organizations. Best would be an organization of publicity and advertising men — a motion picture press club that would thoroughly function and have an objective. One of the func- tions of this group should cer- tainly be continuance of the personal contact work which has been established during the cam- paign." Dietz's report also urged in- dustry consideration of a con- tinuing advertising campaign, observing in this connection that "it would be unwise to do this again without preparation." T "It is impractical," the report states, "for those in charge to undertake in the future the tasks that were so hurriedly assigned to them in the present emer- gency. ... At least six months research should be done with a view toward establishing a psy- chological basis for a continuous good will campaign somewhat in the manner of the utility indus- tries." Expressing the hope that the present campaign is merely the start of a permanent program for the industry's public relations, Dietz recommends that the fu- ture activities include research, house to house canvasses, polls, continuous exhibitor and patron interviews, in addition to many forms of advertising and pub- licity. ▼ Its aim should be, Dietz says, "a real effort to find out the sub- jects the public is interested in, what they think about motion pictures, why they go and why they don't go." The report states that 37,000,- 000 Quiz contest booklets were printed and that 30,000,000 have been distributed to date. An ap- proximate total of $185,000 in accessories was distributed. Daily newspapers printed 610 editorials in connection with the campaign, and six books were filled with published material relating to the drive. T The nation's 1,950 newspapers were contacted by Eddie Melcher in New England, Richard V. Anderson in the south, Mark Freeland, the middle east, Al Selig, middle Atlantic and Archie Nash, middle west. Agencies which placed the campaign advertising included Biow, Blaine-Thompson, Buch- anan, Donahue & Coe, J. Wal- ter Thompson, Kayton-Spiero and Lord & Thomas. The report pays enthusiastic tribute to the work of individual advertising and publicity men who conducted their assignments in addition to their regular work. Named in this connection are S. Barret McCormick, Monroe Greenthal, Robert S. Gillham, Charles E. McCarthy, Earl Win- gart, Mort Blumenstock, Oscar Doob, John Dowd, James Clarke, Harry Goldberg and Agnes Mengel. Para, to Be Host to I.T.O. of California Hollywood, Nov. 17. — Paramount executives and players will be hosts to the I.T.O. of Southern California at the Carthay Circle, Dec. 16, when a special entertainment will be staged for the exhibitors in connection with their annual meeting. Formerly all major studios contributed to the an- nual entertainment for the local or- ganization. The program will consist of a stage show to be produced by Leroy Prinz and Cliff Lewis and a screening of "Artists and Models Abroad." 1,500 Cities Share In "Waltz" Contest About 1,500 cities in virtually every state will have participated in M-G-M's "Great Waltz Contest" by the time the finals are held at the Waldorf-Astoria Dec. 12, according to William R. Ferguson, exploitation manager. From a standpoint of publicity, Fer- guson says it's the biggest thing the company has ever promoted. News- papers are cooperating with theatres in staging local contests and semi- finals in 12 zones. The World Tele- gram here is continuing daily plugs until the finals. Golden Urges End Of Block Booking, Theatre Divorcing Elimination of block booking and divorcement of theatres from distribu- tion are the solutions to the industry's ills, Edward A. Golden, Monogram vice-president, said yesterday oij return from an extended trip. — Self regulation won't work and Government regulation is dangerous, Golden believes. He offered this sug- gestion : "Let the industry agree to the selec- tion of a representative state in the Union to be used as a testing ground for pictures to be exhibited with block booking eliminated and theatre op- eration divorced from distribution for a definite period of time. In the re- sults, I believe, the answer will be found." There are dangers in self regula- tion, because "selfish interests can convert it into a farce of regulation intended to serve their own ends," Golden charged. He declared, how- ever, that the industry leaders are sincere in their "anxiety" to solve its problems. As a member of the former NRA Code Authority, Golden gave it as his experience that self regulation is not feasible because "the regulations rep- resent vested interests and of neces- sity must operate so that their own interests are protected, even to the detriment of others involved." He said he opposes Government regulation of the industry as he fears this would lead to regimentation. One of the exhibitors' major re- quests in the trade practice talks, 20 per cent cancellation, will only defeat the independents as the big circuits will buy 20 per cent more product to cover the cancellations, Golden said, and the small exhibitor will be no bet- ter off. Recognition of independent produc- tion in order to help create more big companies is the key to many of the exhibitors' problems, which are due chiefly to inflated exhibition and the fact exhibition has not maintained progress with production, he de- clared. MOTION PICTURE DAILY {Registered U. S. Patent Office) MARTIN QUIGLEY, Editor-in-Chief and Publisher; SAM SHAIN, Editor; JAMES A. CRON, Advertising Manager. Published daily except Saturday,. Sunday and holidays by Quigley Publishing Com- pany, Inc., Martin Quigley, president; Colvin Brown, vice-president and treasurer. Publication office: 1270 Sixth Avenue at Rockefeller Center, New York. Telephone: Circle 7-3100. Cable addresss: "Quigpubco. New York." All contents copyrighted 1938 by Quigley Publishing Company, Inc. Address all correspondence to the New York office. Other Quigley publications: Motion Picture Herald, Better Theatres, Teatro al Dia, International Motion Picture Almanac and Fame. BUREAUS: — Hollywood: Postal Union Life Building, Vine and Yucca Sts. ; Boone Mancall, manager: William R. Weaver, editor. Chicago: 624 S. Michigan Ave.. C. B. O'Neill, manager. London : 4 Golden Square. W. 1: cable address, Quigpubco, London; Hope Williams, manager. Entered as second class matter Sept. 23. 1938, at the post office at New York. N. Y., under the act of March 3, 1879. Subscription rates per year $6 in the Americas and $12 foreign. Single copiei 10c. Submarine Patrol off to sensational start at Roosevelt, Chicago! Wednesday opening tops Satur- day openings of all 20th hits since last May with one excep- tion! • • • Enthusiastic audience response in- sures unprecedented word - of - mouth ! * : : Sif THE KEYSTONE OF YOUR FUTURE Further confirmation that your best bet for Thanksgiving is... "SUBMARINE PATROL" MOTION PICTURE DAILY Friday, November 18, 1938 Village Films Campbellsport, Wis., Nov. 17.— This village of 800, with- out a theatre of its own, has inaugurated weekend films in the local Opera House under the sponsorship of a dozen merchants. Persons patroniz- ing these merchants can ob- tain a special ticket good for any show at a five-cent ad- mission for adults or children. New York Preview Regal Sues Gaumont On "Rothchild" Film Gaumont British Picture Corp. ot America, Gaumont British Picture Corp., Ltd., and Arthur A. Lee were named defendants yesterday in a suit filed in the N. Y. Supreme Court by Regal Distributing Corp. and Kayart Theatres Corp. At the same time the plaintiffs filed application to examine Lee, both individually and as an of- ficer of the defendants, in order to frame a complaint. Suit asked the court to rule that the French picture, "Rothchild," to which Regal has United States dis- tributing rights, does not infringe up- on the defendants' picture, "Mr. Hobo." Right to Tax Private Theatres Put to Test New Orleans, Nov. 17. — A test suit to determine the right of the city to collect a two per cent amusement tax from private and semi-private theatres, where no admission charge is made but annual membership dues are collected, has been filed by Frank Fairley, city amusement tax collector, against Henry Garic, president of the New Orleans Little Theatre. It is understood that the suit is a friendly one brought for the purpose of settling the question. Open Boston House Soon Boston, Nov. 17. — F. E. Lieberman is rushing work on the Normandie, which he plans to open shortly. Short Subjects "Men in Frighf (M-G-M) An Our Gang number with a hos- pital background and plenty of laughs. The gang visits one of their number who has just had her tonsils removed. One of the boys allows a young patient to use his clothes for a dime and soon finds himself on the way to the operating table. The rest of the gang eats the food brought for the tonsil patient and they all wind up in bed. Fine entertatinment. Run- ning time, 11 mins. "G."* "Goonland" (Fleischer-Paramount) Poopdeck Pappy is introduced to Popeye fans as the latest Fleischer character. Popeye goes to search for his father, imprisoned by the Goons for 40 years. He finds him and to- gether they conquer the Goons and escape. The conquest is aided by the usual spinach. A creditable addition to the popular series. Running time, 7 mins. "G"* "Sixty Glorious Years" (Wilcox-RKO) Herbert Wilcox, with access to Buckingham Palace, Balmoral Castle and other of the English properties, and most particularly to the personal diary of Queen Victoria, has drawn a fascinating picture on a broad and colorful canvas. Compressing 60 years of the vigorous and eventful reign of Queen Victoria into motion picture length is no easy task, and the producer has succeeded in making his film much less episodic than might easily have been the case. Done in magnificent color, which lends a great deal to the inherent majesty and pageantry of the subject matter, the picture emerges as distinctive and impressive screen entertainment. The producer has made a most happy choice in the selection of lead- ing players. Anna Neagle brings an admirable restraint and dignity to the role of the sincere and keen-minded queen, she ages with the pass- ing years authentically and, in all, offers a memorable performance. Opposite her is Anton Walbrook, as her Prince Consort, Albert, and he, too, acquits himself in superlative fashion. Particularly effective in the supporting cast are C. Aubrey Smith, as the gruff and aging Duke of Wellington ; Charles Carson, as Robert Peel ; Felix Aylmer, as Lord Palmerston ; Derrick de Marney, as Disraeli, and Gordon McLeod, as the Scotchman and friend of the queen in her later years, John Brown. To Miles Malleson and Charles De Grandcourt must go considerable credit for a smooth and competent story, which steps comparatively gracefully from highlight to highlight in the life of Queen Victoria. Touches of action have been interlarded to increase the pace at times, such as the British troops in action during the Crimean War ; crowds moving on the Palace during violent public reaction to Albert, who had sought a policy of conciliation before that conflict; the tribal attack which resulted in the fatal attack on General Gordon at Khartoum, and the like. Likewise enhancing the effectiveness of the film are the beautiful scenes in color of the Scotch country about Balmoral, always the most restful and most loved retreat for the queen. The early part of the film is centered about the great love of the queen and Albert, picturing the manner in which they understood and helped one another, especially showing his guiding hand in indicating policies most advantageous to England. His heartbreak at the largely unsympathetic treatment he received at the hands of the British public and Parliament is pictured as the cause of his death, and the queen's terrible loss is made real and dramatic by Miss Neagle. Then, her nine children full grown, she emerges from the shell of mourning, and England enters upon the bright- est years of her reign, beloved by all her country, and with her death, taking an era with her. It is essentially an intimate picture of an individual, about whom moves a changing world, but who remains to the end a human and ad- mirable person. Running time, 95 minutes. "G."* Charles S. Aaronson *"G" denotes general audience classification. W. B. Men Plan Drive San Francisco, Nov. 17. — War- ners' branch managers of the far west- ern district mapped their plans for participation in the new Gradwell L. Sears sales drive at a meeting at the Hotel Empire here today. W. E. Callaway, west coast sa1es head, pre- sided at the meeting. Livingston as "Ranger" Hollywood, Nov. 17. — Bob Living- ston was assigned to the title role in Republic's new 15 chapter serial, "The Lone Ranger Returns." He will re- ceive screen credit, although Lee Powell, who played in the first "Lone Ranger" serial, did not. The Newsreel Parade The action of national figures in open denunciation of the current Nasi terrorism receive considerable atten- tion in the midweek issues of the newsreels. Football games, ice hockey and the opening of Palm Springs' aquatic season are sports items. The reels and their contents follow: MOVIETONE NEWS — Condemnation of Nazi terrorism. Ambassador to Germany returns. Kansas City oil blaze. Fashions at auto show. Lew Lehr. Football games. Ice hockey. Diving display. NEWS OF THE DAY— President con- demns Nazi terror. Ambassador called home. National leaders speak. East River tunnel under construction. Amateur day in Texas. Styles at Rainbow Room. Aquatic season opens. PARAMOUNT NEWS — Dedication of memorial to French General. Czech World War vets give up medals. Stalin reviews air fleet. Beatification of Mother Cabrini. Roosevelt leads protest of Nazi persecutions. Football games. Ice hockey. Aquatic show. RKO PATHE NEWS— C. I. O. conven- tion in Pittsburgh. T. W. A. acquires Long Beach airport. Dedication of Knute Rockne memorial. Sidewalk superintendents' club formed. Egyptian Royal air force breaks record. Diving exhibition. War Admiral wins race. "Snoozing*' Films Toledo, Nov. 17.— M. J. Ev- demon, restaurant owner here, boasts the world's rec- ord for paying more admis- sions and seeing fewer films than anyone else. Each afternoon at 2 o'clock he buys a ticket at some theatre, seeks a secluded spot and goes promptly to sleep. "Snoozing a picture for two hours puts me in shape ffiS another seven-hour stretch on the job," he explains. Universal to Open Puerto Rico Office Universal will open its own dis tribution office in Puerto Rico, in line with which a general revision of dis tributing arrangements in the adjacent territory is being made, J. H. Seidel- man, foreign manager, said yesterday Carlos Matos has been named man- ager of Universal Pictures Corp. of Puerto Rico, the new distributing company. Universal will also handle its own distribution in the islands of Curacao and Aruba, as of Dec. 31 A two-year distribution agreement for Venezuela has been made with Luis Martinez. These territories formerly were handled for the company by Jaime Puig Arosemena, who, however, continues as the company's agent for Colombia. Require Theatres to Report Annual Gross Denver, Oct. 17. — The Hot Springs, N. M., City Council has passed an ordinance making it man- datory on theatres to file an annual statement of gross business, in order to determine whether or not the annual license fee of 25 cents a seat is too high, according to the council. The gross business statement applies to other businesses besides theatres as well. Bar Ass'n Names Sargoy Edward A. Sargoy, who for many years has been attorney for the Copy- right Protection Bureau, has been appointed chairman of the commit- tee on copyright of the American Bar Association by Thomas E. Rob- ertson, chairman of the Association's section on patent, trade mark and copyright law. Sargoy, who is also secretary of the New York Bar Asso- ciation's committee on copyright, has been active in legal and legislative copyright work. Dover Leaves 20th-Fox Hollywood, Nov. 17. — William Dover, personnel manager with 20th Century-Fox, today resigned his post, giving as his reason his desire to en- ter the production field. Dover joined Darryl F. Zanuck as executive assist- ant when the latter was in charge of production at Warners in 1928 and continued with him when 20th Cen- tury-Fox was formed in 1933. Prior to that Dover was assistant to Sam- uel L. Warner. Ross Federal Awards Ross Federal will award a week's vacation with expenses paid to the branch manager who shows the great- est initiative and industry during 1938. This prize will be given anually. Friday, November 18. 1938 MOTION PICTURE DAILY U.S.-British Trade Treaty Ignores Quota (Continued from page 1) was consummated after a year of per- si^nt discussion. Tariff reductions ■ \ concessions were granted by America, the United Kingdom and Canada on approximately 1,000 pro- ducts. : In the Canadian agreement, signed at the same time, the Canadian duty y on positive films, which had not been affected by 1936 pact, is reduced from three to two and one-fourth cents per linear foot. Canadian imports of such ; films in 1937 had a value of $254,000. Among the. tariff concessions granted the United States on goods entering the United Kinkdom is a reduction from 33 1/3 to 25 per cent ad valorem in the duty on amplifiers ; and loud speakers. 1 Under the general provisions of the agreement it is stipulated that the principle of non-discriminatory treat- ment shall be extended to quotas and in the event that importation of any product is restricted as to quantity, and if shares of the restricted im- ports are allocated, the exporting country will be allotted a share of the total importations permitted from foreign countries based on the propor- tion supplied by that country in past years. I State Department officials said, how- ever, that the treaty as signed made no provisions for either film duty re- duction or relaxation of quotas in British markets other than the binding of margins of preference by the 10 colonies. Colonies agreeing to preferential margins to American product were British Guiana, with imports of $26,500 in 1936; British Honduras, with imports of $11,288; Bahamas, with imports of $24,293 ; Ceylon, $72,699; Fiji, $49,977; Gold Coast, $2,505; Jamaica, $1,735; Federated Malay States, $113,829; Northern Rhodesia, $10,464, and Trinidad and Tobago, $63,578. First Hearing Today In Phila. Trust Suit Philadelphia, Nov. 17. — First hearing will be held in the U. S. Dis- trict Court here tomorrow in the suit brought by Herbert J. Elliott, of the Fernrock Theatre, against 12 produc- ers and distributors in a clearance dispute involving his theatre and com- peting circuits. Elliott seeks an order requiring producers to divest them selves of stock ownership of distribut ing companies and permit independents to compete on an equal basis with circuits. The 50-page complaint invokes the Patman-Robinson law against chain stores in addition to charging viola- tion of the Sherman and Clayton anti- trust laws, and is believed to be the first litigation in local courts which involves all three acts in this type of action. Although 12 defendants are named, the request for a speedy deter- mination is based on a clearance ques- tion of "That Certain Age" and two Warner films booked into a territory in which Elliott claims his theatre has precedence over the W. B. Lane. Refugee Benefits Three special performances will be given on Sunday with all the proceeds going to German refugee relief or- ganizations. A special show- ing of the film, "The Story of a Cheat" at the Fifth Ave. Playhouse, "Abe Lincoln in Illinois" and "Knickerbocker Holiday," plays make up the list. Relief funds of the United Palestine Appeal benefited by $100,000 from the "Night of Stars" show at Madison Square Garden Wednesday night. More than 20,000 packed the huge auditorium, paying from $1 to $15 per seat. Proceeds will be used for the settlement in Palestine of Jews of Germany, Czecho- slovakia and other countries. Louis K. Sidney handled the show with Ben A. Boyar as associate. UA Board to Hear Profit-Share Plan; Selznick's Deal Up (Continued from page 1) until early next week for business con- ferences before returning to the coast. There is a possibility that a new dis- tribution deal with Selznick may be up for discussion at the United Artists board meeting scheduled for this af- ternoon. The board meeting will be followed immediately by the annual meeting of United Artists stockhold- ers. Adjourn Kindler Hearing Hearing on a motion to punish Abraham Kindler, as president of Em- pire State M. P. Operators' Union, for contempt of court for violation of a preliminary injunction was ad- journed by Bronx Supreme Court Justice Alfred Frankenthaler yester- day. The motion was made by Jo- seph Kimmel, former operator at the Marblehill, who contends that his dis- charge violated an injunction granted by Supreme Court Justice Aaron J. Levy. Schwartz Examiner In City Tax Action Arthur Schwartz of the law firm of Schwartz & Frohlich has been as- signed to conduct the examination of industry witnesses in connection with the city comptroller's attempt to as- sess distributors more than $100,000 in penalties and interest for failure to pay the two per cent city sales tax from March, 1935, to June. 1937. The distributors contend that they acted in good faith in not paying the tax, relying upon legal opinion that a sales tax would not apply to films, which are leased and not sold. A hearing on the assessments sched- uled for yesterday was postponed to next week. British Labor Probe Report Believed Dead Col. Sales Meet in N. O. Over Weekend Second of a series of Columbia di- visional sales meetings will be held in New Orleans tomorrow and Sunday at the Roosevelt Hotel. A. Montague, general sales manager ; Rube Jackter, assistant sales manager, and Max Weisfeldt, short subject sales mana- ger, left New York yesterday to at- tend the meeting. New Orleans, Atlanta, Dallas, Charlotte, Memphis and Oklahoma City branches will be represented at the meeting. Sam Moscow, southern division manager, will preside. First of the regional meetings was held in Chicago two weeks ago. Wall Is Appointed Assistant to Ross Edward J. Wall, formerly for 15 years with Paramount, has been ap- pointed executive assistant to Harry A. Ross, president of Ross Federal Service. Ross said the position was created because of the steady increase in ad- ministrative duties attending the growth of the business. A graduate of Northeastern Uni- versity, Wall began his career as a reporter on the Boston Herald-Trav- eler. He became assistant to Frank A. Vanderlip, National City Bank president, and joined Paramount in 1923, his work including a survey of the company's theatre properties and other situations here and abroad. Newsreels Watch 16mm. as Possible Source for Films (Continued from page 1) ducer and are concerned about his competition. Improvement in the 16mm. projec- tor has brought about a sharp jump in the number of portable circuits in the south, southwest, midwest and far west, serving areas that are not well supplied with theatres. Canada is considerably agitated over this devel- opment. N. L. Nathanson is inter- ested in the field and one of his or- ganizations is serving 16mm. films and equipment. Exhibitors have become more cog- nizant of this competition and demand that the distributors do something about it, as at the M.P.T.O.A. con- vention in Oklahoma City, where it was charged that the major dis- tributors permit itinerants to show their pictures on 16mm. stock too soon after national release. It is claimed that in small towns the exhibitors sometimes get their pictures after they are shown in halls by the itinerants. Distributors, however, aver that they do not as a rule permit their films to be reduced to 16mm. until a year or so after national release and that as far as possible exhibitions by non-theatrical exhibitors are con- trolled in order to prevent competition to theatres. (Continued from page 1) satisfaction with the progress of film labor negotiations and the completion of a number of agreements already. If the situation continues so, it was indicated, there will be no attempt to hamper the progress by the issuance of the labor report. Significance was attached to the fact that no date has been set for a joint meeting of representatives of the Government, C. E. A. and the Na- tional Association of Kine and The- atrical Employes. The two latter or- ganizations have agreed on the forma- tion of a national wages board to which local labor agreements may be submitted, and a national agreement is seen as possible in the future. Negotiations are continuing toward an agreement between studios and production employes on a wage-hour schedule for studios. Monopoly Group to Discuss Plans for December Hearings Washington, Nov. 17. — Members of the Administration monopoly in- vestigating committee will meet tomor- row afternoon to discuss plans for public hearings which are to open early in December. The conference will be confined to a consideration of the program, since, it was said by officials of the com- mittee, none of the several reports on which Governmental agencies are working has yet been completed. Among the reports now being written are summaries on surveys of the patent situation and the influence of trade associations on industrial poli- cies. Hearings are expected to open about Dec. 5. First sessions will be devoted to a discussion of the anti- trust situation's broad aspects by offi- cials of the Justice Department and other agencies involved. First definite probes are expected to be in the pat- ent situation and glass industry. Metro Prize Winners In from Trip Abroad Nine members of M-G-M's domes- tic sales staff returned yesterday on the Queen Mary after a months' jaunt given them as prizes in an interna- tional billings contest. They spent most of the time in Paris and Lon- don. They are Charles E. Kessnich, At- lanta district manager ; John J. Maloney, Pittsburgh district head, and the following branch managers : Bur- tus Bishop, Jr., Charlotte ; William B. Zoellner, Oklahoma City; Walter E. Banford, St. Louis ; I. Frank Wil- lingham, Memphis ; Maurice Saffle, Salt Lake City ; William H. Work- man, Minneapolis, and Leroy A. Bickel, Dallas. All have left for their offices. 6 MOTION PICTURE DAILY Friday, November 18, 19: 6,000,000 Weekly London, Nov. 17. — An audi- ence of approximately 6,000,000 visit theatres each week in the London area, states the annual report of the London Passenger Transport Board, traffic trust covering the Metropolitan area. The report also estimates that there are 41 houses with 44,000 seats in the West End alone. Loew's Publicity Men Transferred Realignment of Loew's circuit pub- licity staff in the metropolitan area has been completed by Oscar A. Doob. Sam Coolick, formerly in Queens, has been placed in charge of East Bronx, assisted by S. Leonard Mayer. Carl Fishman has been shifted from East Bronx to West Bronx; George Scharf from East Bronx to midtown Manhattan; Ray Jacobson from Brooklyn to assist Pete McCarty in Queens; Teddy Arnow to West- chester; Bill Slifka from the home office to Brooklyn field work; Morty Tauber to work with Gene Murphy, newspaper contact. Joel Levy, Jr., has resigned. The shifts result from the switch of Lou Brown from West Bronx to Loew-Poli theatres in New Haven, succeeding Erie Wright, recently re- signed. Mexico Now Has 370 Theatres Operating Mexico City, Nov. 17. — Mexico has 370 film houses in regular opera- tion, of the 863 in the country, ac- cording to a survey by the Federal Government. The distribution of the active houses is mostly in the Federal District, which includes this city, Yucatan and Vera Cruz states. But Colima state and Lower California Territory have but one active theatre each. Liner Harmanus Manager Albany, Nov. 17. — Irving L. Liner, former Adams Brothers Theatres ex- ecutive and manager of Fabian's two Port Jervis houses since early last summer, is the new head of Har- manus Bleecker Hall here. Liner succeeds James A. Carrier, who, as managing director of the Consolidated Advertising Agency, is opening a new branch here. Charles Moning Dies Plymouth, Mass., Nov. 17. — Charles Moning, 69, one of New England's pioneer exhibitors, was found dead in his office yesterday. His throat was slashed with a razor and police at- tributed his death to suicide. The funeral is expected to take place to- morrow. M. H. Has Color Stills Direct color photographs of scenes from Music Hall stage shows are be- ing made for use as lobby displays for the theatre. The pictures, made by Jimmy Sileo, are believed to be the first of their kind to be made for this purpose. Hollywood Preview "The Law West of Tombstone" (RKO) Hollywood, Nov. 17. — Producer Cliff Reid decided not to follow the standard pattern for outdoor action pictures in "The Law West of Tombstone" and as a result there is much novelty in the film. The change not only makes for better entertainment, but provides showmen with new ideas to use in exploitation campaigns. Based on a story by Clarence Young, who collaborated with John Twist on the screenplay, it is a different tale of the west of 60 years or more ago. The plot, with Harry Carey in the chief role, is built around a swaggering westerner of the old school, who is boisterous and arrogant, resourceful, yet kindly and well meaning. With him as the central figure, the picture tells a story of romance and revenge. While a young desperado is swung around to a better life through the influence of a girl, the old gun-fighter also finds his way to a safer and more enjoyable way of living. True to all western legends, however, the picture cul- minates with an exciting gun battle that ends a long existing feud and brings about the extermination of an outlaw gang. Harry Carey gives one of the most pleasing performances of his career and the featured support, Jean Rouveral and Tim Holt, work in a manner that leaves little to be desired. Quality sustaining perform- ances are contributed by Evelyn Brent, Clarence Kolb, Paul Guilfoyle, Allan Lane, Esther Muir, Bradley Page and George Irving. Accentuating the novelty and difference in story content and produc- tion detail, Glenn Tyron's direction gives the film a naturalness that makes everything seem credible. Running time, 75 minutes. "G."* G. McC. "Mr. Moto Takes a Vacation" (20th-Century-Fox) Hollywood, Nov. 17. — Preview fans in attendance at the Los Angeles Uptown on the occasion of this screening were telling each other in the lobby afterward, while trying to get a closer look at Peter Lorre, that this was one of Mr. Moto's best. The theatre is a typical Moto house and your reporter takes their word for it. The film is fast, full of mystery, and winds up in a terrific man-to-man battle between Lorre and Joseph Schildkraut which looks impressively genuine. The screenplay by Philip MacDonald and Norman Foster, who also directed the picture, is about the crown of the Queen of Sheba and an extraordinary series of attempts to steal it from a museum in 'Frisco. Everybody, almost, is suspected of being the famous criminal believed to be behind these attempts, but Mr. Moto finally finds out that a kindly old gentleman who financed the expedition that dug up the crown is really the culprit. He captures him in the above-mentioned battle. There is considerable comedy in the picture, supplied chiefly by George P. Huntley as a British gentleman with Scotland Yard con- nections. Virginia Field and John King conduct a mild romance in the background. Running time, 65 minutes. "G."* Roscoe Williams "Secrets of a Nurse" (Universal) Hollywood, Nov. 17. — Just about all of the common denominators of metropolitan melodrama are present in this sketchily knit story which asks observers to believe that a nurse (played by Helen Mack) has power to bring one patient back from the edge of death and make another confess to a murder after he has ceased to live. Three murders and an electrocution, a doped prize fighter and a court room sequence are other materials used. The story, by Quentin Reynolds, and the screenplay by Tom Lennon and Lester Cole, put quite a strain on audi- ence credulity. The preview crowd wasn't equal to it. Helen Mack's performance of the nurse with the occult bedside man- ner is a little too calm to be convincing. Edmund Lowe does as well with the lawyer assignment as the lines given him permit. Dick Foran is satisfactory as the stupid but honest fighter. Leon Ames, Paul Hurst, Clarence House, George Chandler and Clarence Muse do their chores adequately. Horace MacMahon makes a fantastic gangster seem genu- ine and Samuel S. Hinds gives his usual able performance of the judge in spite of unusual dialogue handicaps. The film is for the less exacting advocates of melodrama at any price. Burt Kelly is down as associate producer and Arthur Lubin directed. Running time, 69 minutes. "G."* Roscoe Williams *"G" denotes general audience classification. Bingo Regulation Cincinnati, Nov. 17. — Fol- lowing the ban on Bingo by City Manager C. O. Sherill, Councilman Nicholas Klein has introduced a resolution in City Council to regulate the game according to the num- ber of plays in any one eve- ning, and the price of admis- sion, when proceeds are for social, religious or eduefc. tional purposes, "without t O element of personal gain or profit." "Bingo fans pay 50 cents to $1.35 an evening for enter- tainment, while theatre patrons pay 40 cents to $3," the resolution pointed out. The significance of the com- parison was not made clear. Webb Band Boosts Buffalo "Darling" Buffalo, Nov. 17. — Chick Webt and his boys put enough starch intc the local premiere of "Listen, Dar ling" to make that picture a standout The bill took $18,400 at the Buffalo. "Youth Takes a Fling" paired wit! "The Missing Guest" for $8,000 ai the Lafayette. The weather was un seasonably warm. Estimated takings for the week end ing Nov. 12: "Listen, Darling" (M-G-M) BUFFALO — (3,000) (30c-55c), 7 days. On stage: Chick Webb's Orchestra. Gross $18,400. (Average, $12,000) "Men With Wings" (Para.) GREAT LAKES — (3,000) (30c-50c) 5 days 2nd week. Gross: $4,900. (Average, $7,500 "The Mad Miss Manton" (RKO) "Meet the Girls" (Z0th-Fox) HIPPODROME — (2,500) (25c-40c), 7 days Gross: $6,700. (Average, $6,800) "Illegal Traffic" (Para.) "Sons of the Legion" (Para.) CENTURY— (3,000) (25c), 7 days. Gross $5,400. (Average, $6,000) "Youth Takes a Fling" (Univ.) "Sons of the Legion" (Univ.) LAFAYETTE — (3,300) (25c), 7 days Gross: $8,000. (Average, $6,300) Lewis Leases Thalia Thalia Theatre, 95th St. off Broadway, has been leased for 10 years by Martin J. Lewis of the Fifth Ave. Playhouse. The house was reopened late last week with a policy of foreign films, at an admission top of 40 cents. Lease was from the Skouras Circuit, which owns the property through a deal with the Springer estate. The house was closed four months. K. C. House to Donnici Kansas City, Nov. 17. — Dominick Donnici, who has operated the Palace, downtown subsequent here, for 24 years, has taken over the World-in- Motion, also a downtown subsequent, and will remodel it for operation by his two sons, Richard and Louis Don- nici. E. H. Roraback has been oper- ating the World-in-Motion. Intervenes in Col. Suit Benedetto La Prester was granted permission to intervene in the stock- holder's suit brought by Betty Davis against Columbia Pictures Corp. by N. Y. Supreme Court Justice Isidor Wasservogel yesterday. The action alleges that excessive salaries were granted and that voting trust certifi- cates were wrongfully issued. announcing the fifth issue of The Audit of Personalities Now in preparation by the world-wide staff of Quigley Publications — edited by Terry Ramsaye NEW YORK • CHICAGO • LONDON • HOLLYWOOD RADIO MOTION PICTURE DAILY Friday, November 18, 1938 ► Radio Personals < LUD GLUSKIN'S orchestra, now on the Al Jolson show, may get the musical assign- ment on the Jesse Lasky show for Wrigley's, which starts in January. . . Alexander Woollcott has been booked for "Information Please" Dec. 6. . . . Frank Rand, publicity director for WBBM, CBS station in Chicago, is visiting network headquarters in New York. . . . Russ Morgan, the Philip Morris show headliner, ends his run at the Paradise Dec. 5. . . . Eugene Conoley, now getting two sing- ing periods a week on NBC, will get two additional spots starting next week. . . . Amanda Shaw will be given buildup by NBC starting Nov. 20, when she starts a new series of her own, supported by the Kidoodlers and Jerry Sears' orchestra. . . . John Boles will make a guest appearance on Benny Goodman's show Nov. 22. Deny Report of New Series for Sealtest Reports of a new musical program for Sealtest Laboratories were scotched yesterday at McKee & Al- bright, agency handling the account, where it was said no such plan has been considered. The Sealtest Labo- ratories have found their present net- work script show, "Your Family and Mine," to be a successful merchandis- er, and the show will be continued on the air. Sealtest last summer sponsored an elaborate musical show on NBC, but the program was a failure. N. W. Ayer & Son then handled the account and the program. Subsequently Young & Rubicam took over the account and series, and then McKee & Albright took over. New N.A.B. Review Out Washington, Nov. 17. — Second edition of the N.A.B. News Review has been released to member stations throughout the country. Review de- votes most of its contents to a treat- ment of recent developments in the field of radio censorship. A collec- tion of editorial opinions gathered during the recent Orson Welles ex- citement also has been given consid- erable space. Schaeffer Xmas Program Schaeffer Pen Co. will present a special Christmas season show on Mutual for three broadcasts, begin- ning Nov. 28. The program will fea- ture the orchestra of Harold Stokes. Stations lined up for the series include WOR, New York; WGN, Chicago; CKLW, Detroit, and WAAB, Bos- ton. Russell M. Seeds Co. is the agency. "Confession" on Lux Lux Radio Theatre on Nov. 29 will present Miriam Hopkins, Claude Rains, Richard Greene and Anne Shirley in a dramatization of the pic- ture "Confession." WOR Transfers Nell John P. Nell, formerly of WOR's sales promotion department, has been appointed New York representative for the station's Chicago office. Good Excuse Cincinnati, Nov. 17.— "The show must go on" is the old- est show tradition, but to it Carl Pharis says, "Oh, yeah?" Pharis, announcer on a WCKY program, failed to show up in the studio at pro- gram time and so another an- nouncer was hurriedly re- cruited. Pharis gave the alibi the next day: A half -hour before broadcast time, he be- came the father of a girl. He didn't remember the program thereafter until the following day. NBC to Ask End of Two Damage Actions Application will be made today in the U. S. District Court by National Broadcasting Co., Inc. and Cecil, War- wick & Legler, Inc., for permission to discontinue without costs two suits which seek an injunction and a total of $78,891 as damages against Charles Henry Freeman, Jr. Both suits charge the defendant with unlawfully asserting rights to, and interfering with the program "Metropolitan Auditions of the Air" broadcast over the NBC network and sponsored by Sherwin-Williams Co. Jack Roche Joins NBC Jack Roche, formerly of CBS and more recently a free lance in radio production, has joined NBC to turn out institutional publicity. FCC Calendar Washington, Nov. 17. — Hearings on a number of broadcasting applica- tions were ordered by the Federal Communications Commission today, including the new-station applications of the St. Lawrence Broadcasting Corp. for a 1,310-kilocycle station at Ogdensburg, N. Y., with 100 watts night, 250 watts day ; A. E. Austin for an 1,160-kilocycle station at Santa Monica, Cal., with 100 watts night, 250 watts day, and Bowling Green Broadcasting Co. for a 1,310-kilocycle station at Bowling Green, Ky., with 100 watts night, 250 watts day. Other applications to be subject of hearings included those of WKOK, Sunbury, Pa., for extension of time from sharing to unlimited; WMIN, St. Paul, for increase of night power from 100 to 250 watts ; KCMC, Tex- arkana, Tex., for change of frequency from 1,420 to 1,340 kilocycles and in- crease of power from 100 watts night, 250 watts day, to 500 watts night, 1,000 watts day; KTAT, Fort Worth, for change of location from Fort Worth to Wichita, and increase of day power from 1,000 to 5,000 watts ; WLAC, Nashville, for increase of power from 5,000 to 50,000 watts ; and WALA, Momile, Ala., for increase of night power from 500 to 1,000 watts. The commission has received a re- port from Examiner Melvin H. Dal- berg, who was dismissed last week as part of Chairman McNinch's "purge," recommending denial of the applica- tion of Peter J. Caldarone for a new 1,270- kilocycle, 250-watt daytime sta- tion at Providence. NBC's Talent Sales in 1938 $15,000,000 (Continued from page 1) $1,628,000 covers salaries and depart- mental overhead, commercial pro- gram talent, including orchestras, $2,- 223,000 and $1,375,000 for sustaining talent. The F.C.C. Monopoly Committee was told by Royal that more than $100,000,000 is spent annually by ad- vertisers and sponsors of sustaining programs. Answering questions by Chairman Frank R. McNinch as to the range of costs for commercial program tal- ent, Royal said some of the most pre- tentious shows on the air may spend from $20,000 to $30,000 a show, while others may be staged for as little as $500 or $1,000. Royal explained the setup of the program department in detail, trac- ing various activities, one of most important of which is preparing for events to come. Non-partisan broad- casting is possible, he commented. NBC Wants Criticism NBC would welcome more criti- cisms from radio audiences, Royal told the committee, explaining that because the mail ran about the same each year, no statistics have been kept since 1935, when out of 4,223,139 letters received, 3,257,689 were on sponsored programs, 515,296 to sus- taining artists personally and 450,154 to the company, of which only 6,467 were adversely critical. Criticisms are preferable to indifference, he said. Of letters to the company, 131,920 were missives of appreciation, 9,996 had constructive comment and the re- mainder were requests for free offers, information or tickets to shows or in response to contests. Improvements Sought Royal was questioned at length re- garding various types of programs, and testified that NBC is trying to clean up the situation with respect to children's features, has strict rules against ad libbing and has been un- able to do much about prize con- tests because they are popular, more than 6,000,000 responses being re- ceived in one week in one contest. At the close of the day the hear- ings were adjourned until next Tues- day. Option Quaker Oats Cast Entire cast of the Quaker Oats show, including Tor^-ny Riggs and Larry Clinton's orchestra, have been placed under further option by the sponsor. Additionally, the program time has been extended for an addi- tional 13 weeks beyond the first 13 broadcasts. The program is broad- cast Saturdays, at 8 P. M. over the NBC-Red. Lord & Thomas is the agency. Operettas Back on NBC Gilbert and Sullivan operettas will return to NBC over the Blue network starting Nov. 22 and Tuesdays there- after from 8 to 8:30 P. M. Harold Sanford will direct, and the cast will include Muriel Wilson and Fred Hufsmith. B anner LINES THE history of the large melea- gridoid bird, which is related to the pheasants, having hind toes elevated, tursi spurred, head naked and tail extensible upward and ste- ward," reads a CBS release, "wil Ot the subject of the 'Americans "~ at Work' broadcast Nov. 24." Could CBS, by any chance, mean that turkeys will be the subject of discussion on the broadcast? ▼ A recent episode on "Grand Cen- tral Sketches" dealt unflatteringly with fortune tellers and crystal gazers. A letter berating the exposure has just been received from a New York fortune teller, who offered $50 to any- one who could prove him a fake. The letter zvas addressed to NBC. "Grand Central Sketches" are broadcast over CBS. ▼ Proving once again you can buy anything in a modern drugstore but one of those dizzy hats the females are now affecting, Eddie Cantor and Leslie Howard the af- ternoon of the comedian's last broadcast raced in and out of Broadway bookstores for a copy of Hamlet (Howard was going to broadcast the Soliloquy), but couldn't locate one. Finally they tried a drugstore, and walked out with the volume. T Bob Benchley's radio series starts this Sunday, and today his sponsors will tender a party to the radio press in a CBS studio. Guess what for? To listen to a preview of his opening program? Not at all. To see a screening of one of his film shorts. — Jack Banner Packers Consider Series National Association ers is understood to be sponsorship of a new Gardner and George "Cafe Society." The whipped into shape for the meat association, producer on the M-G of Meat Pack- considering the series by Ed McCall, titled show has been auditioning for Gardner is a -M radio pro- mm I Talking Xmas Cards Let these tiny Presto phonograph records — recordings of your own voice or music— carry intimate, unique Christmas greetings to your friends and relatives. Discover how simple It is to malce Talking Christmas Cards. Mail this ad with ten cents. We will send you a blanlt record, a mailing envelope and the name of your nearest record- ing studio where they will make sample record for you without charge. PRESTO RECORDING CORP. lAVU^5?: to the Picture Industry tion MOTION PICTURE DAILY VOL. 44. NO. 100 NEW YORK, MONDAY, NOVEMBER 21, 1938 TEN CENTS diaplin Plans Again to Enter UA Production UA 1939-40 Program Will Have Fairbanks Also United Artists' largest release schedule in recent years is indicated for next season with definite commit- ments from Charles Chaplin and Douglas Fairbanks, in addition to the product from the company's present producers. Chaplin will make one picture and Fairbanks two or three, the exact number from the latter not having been determined yet. These additional picture commitments were discussed at the meeting of the company's board of directors, Friday, at which the dis- tribution deal between United Artists and Fairbanks's Albion Films was ap- proved. The directors' meeting was adjourned to Nov. 30, due to the ab- (Continued on page 5) Wobber Goes West For Zanuck Talks Sales policy for 1939-'40 will be dis- cussed by Herman Wobber, general sales manager, and division and dis- trict heads at meetings at the 20th Century-Fox studio during the week of Dec. 11. Conferences will be held with Darryl F. Zanuck, Joseph M. Schenck and other studio officials. Production plans for 1939 will also be outlined. This meeting will come upon the conclusion of the S. R. Kent Drive, which is in its last stretch. James P. O'Loghlin, drive leader, today starts his last week of exchange meetings. William Sussman, eastern division manager, met him and Wil- liam Clark in Washington on Satur- day. They will arrive here Wednes- day and wind up branch meetings here Friday. Sussman's division is leading in 1938-'39 sales. Mexico Bans II Duce Mexico City, Nov. 20.— Mus- solini pictured as playing golf drove Mexico censors to their scissors. A whole sequence showing II Duce on the links was shorn from a newsree] because the censors consid- ered the Fascist chieftain shown indulging such a non- proletarian diversion would hardly do for revolutionary Mexico. Companies to Inform US on Theatre Deals Fiim companies have agreed not to acquire or sell theatres without the knowledge of the Government. They have agreed to submit day to day re- ports on theatre deals to the Depart- ment of Justice. The Government thus will be in the position to indicate its disapproval of any projected transac- tions on theatres by the major com- panies, under terms of a compromise which has been reached between the defendants in the present anti-trust suit in New York and the Department of Justice. This compromise was reached last week and disposes of the Govern- (Continued on page 4) TRADE REFORMS TO BE ON WIDE SCALE Foresee Early Settlement of RKO Problem Present events which are transpir- ing in RKO's reorganization situation would indicate that settlement of ex- isting controversies among creditors would be had shortly. In this event, providing Federal Judge W illiam Bondy is not too occupied with other matters so that he can proceed speed- ily in the situation, RKO's reorgan- ization plan ought to stand a good chance of confirmation when the mat- ter next comes up for hearing Nov. 22, (.Continued on page 5) U.A. Circuit's Net For Year $148,743 Net income of $148,743.37 for the year ended Aug. 31 was shown by United Artists Theatre Circuit, Inc. This compares with a net of $364,973 for the previous fiscal year. The com- pany attributes the decline to the (Continued on page 5) Committee Busy on Schine Bros, Dinner Albany, Nov. 20. — Committee ar- ranging the testimonial dinner in com- memoration of the quarter century in the picture industry by Louis M. Schine and J. Meyer Schine met over the weekend to perfect plans. The din- ner will be held at the Ten Eyck Dec. 19. Philip Fox of Columbia has been named chairman with the following (Continued on page 5) Canadian Stations to Fight High Royalty Fees for 1939 Toronto, Nov. 20. — Canadian As- sociation of Broadcasters and the Ca- nadian Broadcasting Corp. are enter- ing vigorous protest with the Copy- right Appeal Board against the sched- ule of royalty fees on musical works which the Canadian Performing Rights Society, Ltd., proposes to col- lect from broadcasting stations dur- ing 1939. The 1939 total is $190,978. Additional developments in radio on page 9. which compares with $83,081 collected during 1938, an increase of approxi- mately 125 per cent. The amount was paid by 78 stations, including the CBC chain. The amount for 1939 is based on the 1,104.207 privately owned receiv- ing sets licensed by the Department of Transport last March 31 at the rate of 14 cents per set, and also on the 3,639 commercial receiving sets for which a flat fee of $10 is to be charged for the year. Theatre circuits and independent exhibitor organizations are not en- tering any protest, according to pres- ent word, against the proposed 1939 scale because the society has not made a change in the annual license fee for performing rights against the the- atres. At the same time, however, the Independent Theatres Associa- tion of Ontario, of which Harry Fire- stone of Toronto is president, has sup- ported a resolution calling upon the Motion Picture Distributors' Associa- tion of Canada and the film distribu- tors to abolish the score charge on films, claiming that all royalty on mu- sical compositions is paid by the film producers and should be included in production cost, and also that the score charge is a duplication of the annual license fee paid to the Per- forming Rights Society. Block Booking Strain to Be Eased; "Permanent* Franchise Outlawed Tremendous reforms in trade prac- tices in the industry are contemplated in the negotiations which are now be- ing held by exhibitors and distributors. The strain of block booking will be eased, the right to buy may be achieved and a system of arbitration or conciliation will be established, ad- ditionally to possible changes in the rules of clearance, the elimination of score charges and forcing of shorts. Final definition of policy is still to be awaited, of course. The exact form of these definitions cannot therefore be detailed at this time. Nobody knows what the final form may be. The small exhibitor will benefit most from the changes which will result. Final conferences with M. P. T. O. A. will be held Dec. 8 and 9, (Continued on page 4) Two British Films on B'way, Third Coming British-made films are enjoying un- usual first run representation on Broadway, at this time, with two Lon- don pictures on display simultaneously and a third soon coming. Presently, here, are the "Citadel," at the Capitol, on its third and last week, a Metro film ; and at the Radio City Music Hall, there is "Sixty Glorious Years," a Herbert Wilcox film, on RKO re- lease. On Dec. 1, "Pygmalion," an- other British-made picture, released by Metro, will start a continuous run policy at the Astor. Show Business Is Aiding Persecuted Show business, responding to the world cry against Nazi brutality, is pledging aid to those persecuted abroad. In this, show business pursues its traditional course of help- ing those, in need, regardless of race or creed. In the U. S. and Canada, showmen are setting aside box-office proceeds to the cause of German refugees. It is a strong answer to Nazi persecution. Already the Interstate Cir- cuit (Karl Hoblitzelle— Bob O'Donnell — John Moroney) are doing this, and in Canada, Famous Players - Canadian (N. L. Nathanson). MOTION PICTURE DAILY Monday, November 21, 193 4 Purely Personal ► EMILY HOLT, president of the American Federation of Radio Artists, and Evelyn Marston, east- ern director of the Screen Actors' Guild, have returned to the city after attending the A.F.R.A. convention in St. Louis last week. • George Sanders, British player, ar- rives in Hollywood from New York today to start work in 10 days in "The Saint Strikes Back" at RKO. He will play the part of the "Saint." • Frank R. Deakins, vice-president of RCA Manufacturing Co., sailed Friday for England on the Queen Mary. Away a month, he will visit English studios. • Amanda Varela, Argentine star, signed for "Papa Saltero," Spanish film for Paramount release to be made by Dario Farella, with Tito Guizar starred. • Arthur Byron, president of Actors' Equity, left the Manhattan Eye and Ear Hospital on Saturday after being confined there for two weeks. • June Preisser, musical comedy ac- tress, who recently played in "You Never Know" on the Broadway stage, has been signed by M-G-M. • Solomon Sagall, head of Scophony, and Arthur Levey, Monogram repre- sentative in London, plan to sail Saturday on the Normandie. • Francis S. Harmon, eastern direc- tor of the Production Code Adminis- tration, left Saturday for a three-week stay in Hollywood. • Ruth Morris of the William Mor- ris office placed "Masters of the Drama," by John Gassner, with Random House. • George W. Weeks, Monogram sales head, returned over the weekend from a trip to Columbus and Chicago. • Tom Burney of Pathe News was married Saturday to Anne Zimmer- man at Windber, Pa. • Stan Lee of Major Edward Bowes' Tyro Productions flies to Pittsburgh today via TWA. • | Harry A. Ross, president of Ross Federal, has arrived on the coast from the southeast. • Al Sherman has taken up gentle- man farming for the winter at Mont- clair, N. J. • Lew Lehr left Friday for Wash- ington, planning to return on Wednes- day. • Ed Hatrick, head of Hearst film interests, has returned from the coast. • Ralph . Poucher of Consolidated Film is due today from the coast. • Henry Oscar, actor, is en route to England on the Queen Mary. B. S. Moss has called off his con- templated trip to France. Insiders9 Outlook WARNERS have mar- shaled all their power behind "Angels With Dirty Faces," it seems. The company has undertaken an un- usual sales plan to blanket showings of the film around the country, starting off on Thanks- giving Day, with an effort to run the picture in over 200 centers. At that rate the picture should turn in a gross of upwards of $500,000, on its first week to Warners. At the company's offices they are even more opti- mistic about potential results. According to Gradwell L. Sears, general sales manager, this action by Warners rivals in sales power and extent of dis- tribution, that done by Para- mount, 18 years ago, on "Peter Pan." To the Warnerites it is equal to the drives put on by War- ners in the early talker days, when the demand for the new product was so great, War- ners fairly pasted their films around the country. This sales drive by Sears is in the vanguard of a national publicity campaign in newspa- pers, magazines and radio, helped by an increased advertis- ing budget. The idea back of the campaign, home office ex- perts aver, is to effect a simul- taneous break nationally, around the country. ▼ ▼ Herman Wobber, 20th Cen- tury-Fox general sales mana- ger, in a Thanksgiving message in the Dynamo, company house organ, expresses his thanks and those of the company for vari- ous factors that have contrib- uted to the company's impress- ive position. "As an organiza- tion," he says, "we are healthier than we have ever been." Striking a note keyed to what is happening abroad, Wobber declares : "Consider the plight of our associates in certain other lands where war still rages, where political strife is impos- ing restrictions to an extent where distribution is maintained under the most trying circum- stances. "And as we give thanks for our good fortune, for our pros- pects for continued and greater success, it is only fitting that we take cognizance of those as- sociates laboring loyally and in- defatigably notwithstanding dis- couraging and heart-tearing conditions not of their doing." T T After 12 years as chief as- sistant to the advertising mana- gers at Universal, Rainetta Marshall waved a fond farewell to office duties on Friday. Her many friends and associates thronged her office all day for the final adieus. She departed, loaded with gifts, to devote her- self to domestic duties at her home in Yonkers. The "domes- tic" name is Mrs. Otto Struve. ▼ T Abram F. Myers' criticism of William F. Rodgers' recent state- ment that "an agreement in prin- ciple" was reached in conference between the Allied and distribu- tors' trade practice committees springs from a lawyer's insistence on precise terminology. An Allied official who has looked into the situation avers that if Rodgers had said an "un- derstanding" had been reached, instead of using the word "agree- ment," Myers' legal mind would have been satisfied. Allied people in New York re- gard the fuss as a tempest in a teapot. T T Grand National's board of di- rectors may decide on arrange- ments for British distribution within the week, Earle W. Ham- mons, president, said over the weekend. Disposition of Franklyn Warner's status also will be made. Hammons said that the de- cision could be for either the pro- posal made by John Maxwell or for establishing its own distribu- tion branches in Britain. The latter course, however, would make it necessary for Grand Na- tional to try to make its own quota films in England. Educational's board of direc- tors meets Wednesday to elect officers. T ▼ League of New York Theatres is conducting a vigorous cam- paign to make the present legit theatre code work. James F. Reilly, executive secretary of the League, announced recently that a survey of the first month's op- eration revealed that it was 75 per cent effective. The code fixes a 75 cent maximum advance and requires a 3^2 cent payment on each ticket sold for an Enforce- ment Fund. Last week, the League inserted advertisements in the dailies which sought to enlist the co- operation of the public. The ad urged patronage of accredited brokers only, and, to induce the public to report violations, offered to repay any overcharge. Major complaints on the present code, Reilly said, involve the inability of brokers to obtain a sufficient number of good seats, "bootleg- ging" of tickets by box-office em- ployees, and the fact that unac- credited brokers are getting tickets by ordering them through the mails with the assistance of a group of friends. Philadelphia Suit Hearing Adjourned Philadelphia, Nov. 20. — A pre- liminary hearing in the anti-trust suit brought by Herbert J. Elliott, of the Fernrock Theatre, against 12 major producers and distributors, was ad- journed on Friday when Elliott ob- tained a consent release on three films, "Hold That Co-ed," "Straight, Place and Show" and "That Certain A The suit is based on a clearance ques- tion on the booking of the films into a territory in which the plaintiff claims his theatre has precedence over the Warner Lane. No date for the next hearing has been set but it is expected to be held within a fortnight. Federal Judge Welsh declared that he wished to go into the case with complete thorough- ness and demanded that counsel for all sides prepare their case fully for the next hearing. Elliott is expected to re- quest a sweeping injunction against the alleged practices. During Friday's hearing, Elliott's attorney de- clared that it was impossible to ob- tain witnesses for the plaintiff be- cause of fear of reprisals, and charged that a representative of one of the defendants, who was not specified, had that day refused to deal with Elliott unless the suit was withdrawn. Grant Majors Time In Chicago Action Chicago, Nov. 20. — Extension of time until Dec. 15 for the filing of answers by Balaban & Katz Theatres, Paramount and all major companies except Columbia in the criminal con- tempt charges brought by the Gov- ernment for alleged violation of a con- sent decree entered in 1932 was granted by Federal Judge Wilkerson on Friday. Judge Wilkerson ruled that no fur- ther adjournments would be granted but indicated that the trial would not take place before February because of the crowded condition of the docket. MOTION PICTURE DAILY (Registered U. S. Patent Office) MARTIN QUIGLEY, Editor-in-Chief and Publisher; SAM SHAIN, Editor; JAMES A. CRON, Advertising Manager. Published daily except Saturday, Sunday and holidays by Quigley Publishing Com- pany, Inc., Martin Quigley, president; Colvin Brown, vice-president and treasurer. Publication office: 1270 Sixth Avenue at Rockefeller Center, New York. Telephone: Circle 7-3100. Cable addresss: "Quigpubco, New York." All contents copyrighted 1938 by Quigley Publishing Company, Inc. Address all correspondence to the New York office. Other Quigley publications: Motion Picture Herald, Better Theatres, Teatro al Dia, International Motion Picture Almanac and Fame. BUREAUS: — Hollywood: Postal Union Life Building, Vine and Yucca Sts.; Boone Mancall, manager; William R. Weaver, editor. Chicago: 624 S. Michigan Ave., C. B. O'Neill, manager. London: 4 Golden Square, W. 1: cable address, Quigpubco, London; Hope Williams, manager. Entered as second class matter Sept. 23, 1938, at the post office at New York, N. Y., under the act of March 3, 1879. Subscription rates per year $6 in the Americas and $12 foreign. Single copiei 10c. ^^^^^^^ iqC0 C^»F 15 " 7 M£ „R(w OF Of SCHtl \fe* SAMUEL GOLDWYN presents GARY COOPER and MERLE OBERON in THE COWBOY and the LADY with patsy kelly- Walter brennan ■ fuzzy knight- mabel todd- henry kolker directed by H. C. POTTER • RELEASED THRU UNITED ARTISTS MOTION PICTURE DAILY Monday, November 21, 1938 Trade Parleys BringingAbout Vital Changes (Continued from page 1) and in those meetings the final plan may take shape, since an accord al- ready has been attained with the Al- lied organization. No side is to be neg- lected, so that the independents are getting the fullest possible considera- tion, too. But of course whether or not the business's effort to self-regulate its affairs will satisfy the Government cannot be stated. Remedy on block booking will come from an unrestricted cancellation privi- lege benefiting principally the small exhibitor, who shall be given the right to cancel as high as 20 per cent of his product at any time, and as he pleases, down to 15 per cent and 10 per cent for other exhibitors. This is a great concession by distributors. It puts them on the doubtful side seasonally in attempting to calculate their poten- tial sales and income, and it makes possible an unrestricted and uncon trolled cancellation of business from their end of millions of dollars. In connection with the right to buy, there are of course a lot of difficulties, but presumably it will be handled in a manner which will outlaw long term or socalled "permanent" franchise, among other conditions. Arbitration and clearance are ex- treme obstacles of the situation, but it seems fairly assured that an arbitra tion system will be set up. Also that an effort will be made to alter pres- ent oppressive clearance and protection situations. It goes without saying that the ge nius does not exist who is so knowl edgeable and qualified to compose a trade practice policy that will be fully satisfactory to every exhibitor and all the distributors, big and small. So it's a question of give and take fop all sides, and discussions are on a triple front, M. P. T. O. A, the Allied and the independents. Nobody expects the fullest agreement on all points pro- posed by all the factions, and the hope is that each will be sympathetic and considerate of the other fellow's posi- tion. In these negotiations there is no 18 Mexico Houses Will Reopen Soon Mexico City, Nov. 20.— Ex- hibition in Mexico is looking up. Arrangements are being made for the reopening of 18 theatres, long closed, four of them here. They will be run either by the owners directly, under leases or by coopera- tive societies of film em- ployes. Cooperatism, popular in Mexico, has invaded the country's exhibition. Several houses are being run by co- operatives. Twelve cinemas are now under construction — four of them here. Plans have been made for building seven local houses. FILM CENTER BUILDING Ninth Ave., 44th -45th Sts. A**** Building For the Motion Picture Industry * Lowest insurance rates. * Projection and inspection rooms. * Vaults. * Interior shipping platform. Some buildings have some stars — this building has all stars. For space apply doubt each side has proposed some matters peculiarly applicable to that side alone and none of the other groups, or some matters which other groups might have overlooked. The indications are the majority of such items might have been of a minor kind. Exhibitors and exhibitor organiza- tions of every business shade, person- ally or by representation, have par- ticipated in the conferences or have been consulted. This includes the af- filiated circuits as well as independent circuits. Much of the criticism which has been leveled upon conditions has been aimed at independent circuits, so that at no time has this been a one-sided struggle. Even Allied has its schisms, and that which Al Steffes may approve, Abram Myers and Col. H. A. Cole do not favor. The exhibitor knows no more than the distributor how to solve clearance on a national scale, and just what should be arbitrated and what should not is a major headache. However, the indications are that the negotia- tions are progressing along lines that would assure a feasible non-aggressive self-regulation policy for the business. The Government's side is something else. How this self-regulation links up with the Government's present anti- trust campaign, whether or not the self-regulation will appease the Gov- ernment is for conjecture. President Roosevelt is known to be friendly to the business, but it seems there are others in the Government service who are openly skeptical about self-regulation in any industry. Pathe Liquidation Plan Is Completed Liquidation plan of Pathe Film Corp. was completed over the week- end and its formal approval by the Securities and Exchange Commission may be had today or tomorrow. Under the plan, Robert R. Young and two associates on the Pathe direc- torate offer $500,000 in a 25-year de- bentures for the Bound Brook labora- tory and its business, the purchase price being equivalent to 90 cents per share on the Pathe common. The purchasers will invest $200,000 in cash to provide working funds for the laboratory. It is proposed to retire the debentures through a sinking fund equal to 20 per cent of the annual profits. The 7,968 shares of Pathe preferred are to be retired under the plan at $100 per share and accrued dividends with a loan of approximately $1,000,000 from a local bank for which Pathe's 3,500 shares of du Pont Film Mf] stock, its principal asset, would be pledged as collateral. The du Pont holding is equal to about one share of du Pont for each 171 shares of Pathe common. Holders of the latter will be able to obtain their du Pont equity either by paying their share of the bank loan, amounting to about $250 for each share of du Pont to which they are entitled, or they may leave their du Pont stock on deposit. If du Pont dividends continue at their established level, it is estimated that they would be sufficient to retire the loan in two years, leaving the stock free for distribution. Pathe common holders also would receive a pro rata distribution of the company's holdings of 66,000 shares of Monogram stock and $240,000 of RKO notes, which together represent only a nominal value. Approval of the liquidation must be given by 80 per cent of the Pathe stockholders at a special meetin^ which will be called for about Dec. 12. Holders are entitled to 20 days' notice and the approval to make the plan effective under section 112-B of the Federal revenue act must be had be- fore Dec. 31. Young and his associ- ates are understood to control about 60 per cent of the Pathe common. Companies to Inform US on Theatre Deals (Continued from pane 1) ment's demand for a status quo or standstill agreement with the compa- nies, under which terms the Govern- ment desired to compel cessation q[ all theatre transactions, pending otherwise, by the defendants until au- judication of the pending suit. The Government's demand for a standstill agreement was so severe that it was considered completely disturbing to the operation of these firms. It is un- derstood that by this compromise the Government is saved the necessity of attempting to obtain a preliminary in- junction against these companies in its suit in order to maintain the status quo of affiliated theatres. Presumably in situations which may arise where the Department of Justice would disapprove of projected theatre deals, the companies would make an effort to convince the Government otherwise. But if the Government is adamant, presumably it would proceed toward injunction proceedings. The companies involved are Loew's, RKO, 20th Century-Fox, Paramount and Warners. Back of this compromise probably also was the Government's feeling that the chances of obtaining a preliminary injunction might not be altogether good, and might take pro- tracted, costly effort. Protests Lift Ban On 'Prof . Mamlock' Chicago, Nov. 20. — Popular resent- ment against the action of the censor- ship board in forbidding the exhibition of "Professor Mamlock," compelled Police Commissioner Allman to veto the move and lift the ban. One condi- tion, the elimination of a fight scene, was imposed. Change Eddy Film Title Hollywood, Nov. 20. — M-G-M has retitled the Nelson Eddy vehicle, "Let Freedom Ring," to "Song of the West." Evans Urges Producers, Managers Strike If Unions Not Reasonable Union of Broadway play producers and managers who would act together and strike if theatrical unions presented unreason- able demands was urged by Maurice Evans, actor-manager, at this year's first discussion meeting of Actors' Equity held at the Hotel Astor on Friday. Brock Pemberton, producer, Worthington Miner and Margaret Webster, directors, also recommended dras- tic action as they told the actors of the producers' troubles. Miss Webster declared that union conditions made production "prohibitive" and Miner asserted that every union in the field was engaged "in cutting the other unions' throats." They urged Equity to take the lead in the formation of a cooperative coun- cil of all unions. Philip Loeb, chairman, promised that any pro- posal which promised more widespread employment for actors would receive consideration from the Equity council. Contempt Suit Takes Doering to Chicago O. C. Doering, Jr., of RKO trus- tee's counsel, left for Chicago over the weekend to work on the Federal con- tempt action there against B. & K. and including RKO and other major distributors. He is due back in a week or 10 days. Hays West; Met Reels Will H. Hays left for the coast last night by train and will be away from New York about a month. The M. P. P. D. A. head met with editors of the five newsreels on Friday in what was described as a routine con- ference for general discussion pur- poses, such as he customarily holds with the newsreels about three or four times a year. Dietrich Returns London, Nov. 20. — En route to New York on the Normandie are Marlene Dietrich, Gracie Fields and Cary Grant. On the Manhattan are Steve Fitzgibbon, leaving on a 20th Century-Fox assignment, and Robert Henderson. Monday, November 21, 1938 s Chaplin Plans Again to Enter UA Production Committee Busy on Schine Bros, Dinner (Continued from page 1) sence from the city of Mary Pickford, who left for Chicago Friday evening. The annual meeting of the company's sfc»ckholders, which was to have been 1 1) following the directors' meeting, >was postponed to Nov. 30 also. The company's new season product plans occupied most of the session. The schedule will include a high budget picture starring Merle Oberon * to be made in Hollywood by Alexan- der Korda. The plans of Samuel Goldwyn will be outlined in confer- ences with James Mulvey, Goldwyn's eastern representative, next week. Mulvey will leave for the coast in few days, returning in time for the Nov. 30 meeting. The revised United Artists' profit sharing plan, which is described by Maurice Silverstone, chief executive of the company, as a "reward of merit formula," did not come up for action at the meeting but probably will be approved at the next session as all five United Artists' partners are in agreement on its operation. It will become effective Jan. 1 and will pro vide for extra participation by part- ners in the earnings of pictures pro- duced by them. The original plan provided for participations by all five partners in company earnings, regard less of whether or not they themselves produced pictures. Under the new plan a partner who does not con- tribute to the company's releases will not participate in the extra dividends and producing partners will participate only in the earnings of their own pic tures. The revised plan is regarded as hav ing brought about the Fairbanks' and Chaplin decision to produce for next season release. Fairbanks plans to re- main in New York for the Nov. 30 meeting and may return to Hollywood thereafter to complete his production arrangements. All his pictures will be made on the coast. With Montague Marks, his associate in Albion Films he may go to London and Switzerland early in December to complete finan cial arrangements for the new com pany. Chaplin will produce, direct and star in his planned production, which is scheduled to get under way immediately after the first of the year Silverstone said United Artists will give increased attention to the Latin American market as a matter of fu ture policy, and will produce one ex perimental Spanish language picture in Hollywood soon. He will leave for London early in December to confe on the projected Odeon-Gaumont Bri tish-General Theatres merger. (Continued from page 1) subcommittee heads : Arrangements, Bernard G. Kranze of RKO ; treas- urer, Clayton Eastman, Paramount ; entertainment, M. A. Grassgreen ; re- ception, Ralph Pielow, M-G-M ; sec- retary, Arthur Newmann, Grand Na- tional ; general committee, Leon Her- man, United Artists ; A. Gerald Leary, Universal ; Eugene Lowe, Monogram ; Paul Krumenacker, Warners ; Bernard Mills, Republic, and Ben Smith, G. B. Publicity will be handled by Jack Walsh, M-G-M. Grainger Back Today James R. Grainger, president of Re- public Pictures, arrives today from the south. In Jacksonville he closed a deal with the E. J. Sparks Florida Theatres for the entire output to be shown in 87 situations. Frank Rogers of the circuit, Arthur Bromberg, At- lanta franchise owner; Henry Glover, Tampa manager, and Clair Hilgers special sales representative, sat in on the discussions. Another deal closed late last week was with the Comerford circuit of IS houses in upper New York, by Jack Bellman, eastern district head. Deny Report "Zaza Refused Certificate Hollywood, Nov. 20. — Published re- ports that "Zaza," Paramount's upper bracket production, had been refused a Production Code Administration certificate were today vigorously de- nied as untrue by Luigi Luraschi, of the Paramount studio censorship staff. Luraschi pointed out that films are not submitted to the P.C.A. until studio executives give the picture final ap- proval. Editing and retakes which have been decided on as a result of audience reaction at test previews will require an additional three weeks, and the film will not be ready for sub- mission until that time, he said. The published reports which were de- nied by Luraschi declared that a basic story situation and a French music hall staging of a can-can dance num- ber were the causes for refusal of the certificate. "Zaza" has been produced twice previously by Paramount, once in 1915 and again in 1923. The present version went into the cutting room on Aug. 9 after eight weeks of shooting. It was prepared by Zoe Akins from the play by Pierre Berton and Charles Simon. Foresee Early Settlement of RKO Problem Color for 16mm. Not to Be Available Until January 20 (Continued from page 1) or if the matter is still in abeyance by that time, certainly by the middle of December. There are creditors working toward this end and doing all that is necessary to make it possible. All else depends upon the court and how speedily the court acts. The trade as well as credi- tors are hoping that the situation may be cleared quickly and permanently, so that the company can obtain a new lease of life beginning with the new year. Indications are that the company op- erations are progressively improving, and that only the company's emer- gence from its 77B situation is re- quired to give it the big impetus to- ward real stability, which is impossi- ble under bankruptcy. In January it will be six years that RKO has been in bankruptcy, the longest on record in the trade, and probably the longest on record anywhere. By this time everybody is familiar with RKO and its situation, so that its continuance in bankruptcy is one of the most puzzling matters. DuArt Bids $65,500 For Int. Cinema Lab Arthur Gottlieb, head of DuArt Film Laboratories, has entered a bid of $65,500 for the bankrupt Interna- tional Cinema Laboratories on the coast. This may be the highest bid entered. A hearing on the bids will be held in the Federal district court, Los Angeles, Nov. 23. In the interim the stockholders are considering vari- ous proposals. Washington, Nov. 20. — Color for 16mm. will not be available until after Jan. 20 and the price has not yet been fixed, it is learned from bids sub- mitted to the Federal Housing Corp. for production of films in color and black and white. The films will dem- onstrate FHA activities. Four formal bids were received for the contract, which will run to June 30, next. Bidding were Pathe News, which has done considerable Govern- ment film production ; Motion Picture Corp. of America, New York; Holly- wood Industrial Picture Co., Culver City; Loucks & Norling Studios.^New York, and there was an informal_bid from Splay Commercial Pictures, Hollywood. Pathe News offered to produce 35mm. color sound films for $12.80 per foot in lengths to 3,000 feet and $9 if longer; color silents for $11.80 up to 3,000 feet and $8 if longer; black and white sound at $4.50 per foot and black and white silents for $3.50. No prices were quoted on prints. Other Bids Made Motion Picture Corp. of America bid on color sound film $8.20 per foot to 1,000 feet, $7.80 to 3,000 and $6.65 on longer films, with 35mm. prints at 12 cents a foot up to 3,000 feet and nine cents on longer ; color silent, $7.60 to 1,000 feet, $7.20 to 3,000 feet and $6.20 if longer, w-ith 35mm. prints at 12 cents per foot up to 3,000 feet and nine cents on longer films ; black and white sound films at $5.20 per foot to 1,000 feet, $5.10 to 3,000 feet and $5.05 if longer; black and white silents at $4.60 to 1,000 feet, $4.50 to 3,000 and $4.45 if long- er. No prices were quoted on 16mm. color prints. Hollywood Industrial Picture Co. offered color sound films without ani- mation at $14 per foot to 1,000 feet, $13 to 3,000 and $12 for longer films, quoting $20 per foot for animation. Prints in 35mm. were offered at prices ranging from eight to 22 cents per foot, dependent on the number of copies, with safety base film two cents a foot higher. Color silents were offered at $13, $12 and $11 per foot, dependent on length, without ani- mation, with prints at the same prices as for sound prints. Black and white sound films were offered at $10, $8.75 and $7.75, dependent on length, and silents at $9.20, $7.95 and $7.15. Prices Depend on Distance Loucks & Norling Studios quoted prices dependent on the distance of production from New York, starting at $15, $14 and $13 per foot for sound color made within 400 miles, to $17, $16 $15 if over 500 miles ; 35mm. prints were offered at 13^4 to 7H cents a foot, dependent on the number of print orders, with two cents addi- tional for acetate base ; 16mm. prints ranged from 17 to cents. Color silents were offered at $14, $13 and $12 if within 400 miles, to $16, $15 and $14.50 _ if over 1,500 miles, with 35mm. prints at 13H to 7ZA cents and 16mm. at 17 to 1314 cents. Black and white sound film were offered at $7, $6.75 and $6.25, dependent on length, and silents at $6, $5.75 and $5.25. An informal bid from Splay . Com- mercial Pictures quoted $4.10 per cut foot for sound color, $3.80 for silents $3.25 for sound black and white, and $3.15 for silents. U.A. Circuit's Net For Year $148,743 (Continued from page 1) slump in general theatre business. Net income before deducting inter- est, depreciation, amortization and provision for Federal income taxes was $573,440.08 for the year, against $627,254 the previous twelve months. The company improved its cash position during the year, with $547,- 623 on hand Aug. 31, compared with $485,883 shown in the previous bal- ance sheet. Theatre investments at cost or appraised values, less reserves for depreciation and amortization of $1,677,868, are carried on the books at $3,630,553, under last year's figure by $178,000. Capital stocks of and ad- vances to affiliated companies owned less than 100 per cent total $2,485,138. Total current assets are carried at ,265,639. United Artists Theatre Circuit owns or has an investment in about 200 theatres, of which 100 are in the New York metropolitan area, with a 50 per cent interest in Robb & Rowley United, Inc., in Texas and equities in midwest and coast theatres. Additionally the circuit has the Rivoli, Broadway, and also controls Metropolitan Theatres, which includes Skouras Theatres (George Skouras) and the Randforce Circuit (Sam Rinz- ler and Harry Frisch). Joseph M. Schenck is president and chairman of the company. The United Artists Theatre Circuit is not related nor associated with United Artists Corp., major producing and distribut- ing firm. United Artists Theatre Circuit an- nual meeting of stockholders will be held in Baltimore Nov. 28. THAT THE TOP EXHIBITOR REVENUE TODA CONSISTENTLY FROM ONE PARTICULAR A1 THAT THIS SHOW IS PLAYING TO BIGGER H(l 'ADVENTURES OF ROBIN HOOD'- ACTUALLY H OF THE OUTSTANDING MONEY-MAKERS EVER That's Why I'm All Set Now To Hoi COMING ACTION- ES THAN VING ONE LIVERED More Information, Please Check any or all of the current en- gagements for amazing new facts about THE BUSINESS-BOOM LEAD- ER OF THE FILM INDUSTRY! Held Over Already in Louisville (3rd week), Memphis, Balti- more, Philly, Dayton, Seattle, Boston, New York (3rd week), Albany, Cleve- land, Newark, Jersey City, New Haven, Bridgeport, Hartford, Wor- cester, Springfield, Troy, Washington. 'hat Warner Comedy Sensation . . . A PRISCILLA LANE WAYNE MORRIS JOHNNIE DAVIS • JANE BRYAN - EDDIE ALBERT RONALD REAGAN • JANE WYMAN • HENRY O'NEILL Directed by WILLIAM KEIGHLEY Screen >'>«>• by Richard Macaulay & Jerry Wald from the Play by JOHN MONKS, Jr.* FRED • A Firat Nai'l Picture 8 Monday, November 21, 1938 British Renew Drive London, Nov. 20.— The re- maining spark in the British "come to the films" campaign is not being allowed to die. It has again been fanned by the efforts of Southern Midlands exhibitors, who have asked the C. E. A. general purposes committee to consider getting together all those trade sec- tions who are interested in a scheme of national advertis- Dismiss Game Charge Against 3 Theatres Police charges of conducting a lot- tery against three Brooklyn theatres in the operation of chance games were dismissed after hearing Friday by Magistrate Salvatore Sabbatino. Defendant theatres were the Paras Court, operated by Louis Goidel ; the Subway, operated by Frank Worth, and Abe Levy's New United. Games involved were Bingo, Bango and Banko. The Magistrate held that the cir- cumstances under which the games were conducted did not warrant a con- viction under Section 1,376 of the Criminal Code making the conduct- ing of a lottery a crime. The three cases were heard separately, with Harry G. Kosch, general counsel of Xew \ ork Allied, representing the defendants. Local exhibitors were concerned about these cases as they gave evi- dence that the authorities intended to conduct a drive against theatre chance games. An earlier case, in- volving the Jewel Theatre in Har- lem, is scheduled for trial in Special Sessions Dec. 12, on charges preferred by the Society for the Prevention of Crime. English Technicians Urge Quota Increase London, Nov. 20. — Only 52 features were made here during the first seven months that the new Films Act has been in operation, according to the Association of Cine Technicians. This figure includes 12 pictures made under the exhibitor quota provisions of the Act. As a result of the severe production slump, the Association will urge the Films Council to consider using its power to increase quota percentages. No indication was given of the ex- tent of increases in the quota percen- tages which the association will urge. It is contended the slump is due to the triple quota provision whereby high cost films are permitted to count for three under the quota. Production of "B" pictures has been hard hit. Wilcox, Van Schmus Head Group to West Herbert Wilcox, Anna Xeagle, Frank Lloyd, Arthur Ungar, Lou Smith and W. G. Van Schmus, man- aging director of the Music Hall, left on the Iroquois from Grand Central Friday night for Chicago. From there all will go to the coast. Wilcox expects to return to New York in 10 days, and will remain in this country about three weeks before returning to England. Van Schmus is going west on a periodic studio visit. Hollywood Previews "Say It In French" (Paramount) Hollywood, Nov. 20. — Showmen can say, in French or any other tongue, that this is one of the brightest comedies of the season. Pro- duced and directed by Andrew L. Stone, from Frederick Jackson's screenplay based on a play by Jacques Deval, the picture is a fresh, brisk and unintermittently amusing fiction fashioned solely for laugh purposes and held well within the boundaries of plausibility. Following "Men With Wings" at the Los Angeles Paramount, it kept an audience alternating steadily between chuckles and guffaws climaxed in at least four instances by spontaneous applause. It never bogs down and it ends without weakening. Ray Milland and Olympe Bradna play the leads in a manner to sug- gest that this is a co-starring team worthy of perpetuation. Irene Her- vey stands out in support, dominating many sequences, and William Collier, Sr., brings out of the past one of his inspired portrayals. Mary Carlisle, Holmes Herbert, Mona Barrie, Janet Beecher, Erick Rhodes and W'alter Kingsford are uniformly successful in well balanced perform- ances and little Billy Lee registers soundly in a sustained interlude played without speaking. The scene is New York and the time now. Milland is a son of wealth returning from Paris with a French bride his now financially em- barrassed parents know not of. For commercial reasons he consents to pose as engaged to rich Miss Hervey, his wife, Miss Bradna, posing the while as maid in his parents' service. What happens from there on is not in any sense the expected and is properly for the film to tell. New York scenes include the Rainbow Roof, the Waldorf Astoria, vari- ous night spots and swanky apartments. A production feat resultant in just about the funniest single scene of recent record shows Milland and Miss Hervey scooting across town in a midget automobile which, stymied by traffic, races through the foyer of the Edison Hotel from 47th to 46th Streets and thence under a policeman's horse and between trucks, taxis and N. Y. Central box-cars to the departing Queen Mary. Running time, 70 minutes. "G."* Roscoe Williams ¥"G" denotes general audience classification. "The Shining Hour" (M-G-M) ■Hollywood, Nov. 20. — "The Shining Hour" is an adaptation of a New York stage play. A preview program notation states : "The play was first considered as screen material by Joan Crawford when she saw it in New York. Returning to the studio she persuaded them to pur- chase the drama." It now becomes an exhibitor obligation to persuade his patrons to see the film version. Miss Crawford is starred in the vehicle of her own choosing. Margaret Sullavan, Robert Young, Melvyn Douglas and Fay Bainter are the featured principals. Allyn Joslyn, Hattie McDaniel, Oscar O'Shea, Frank Albertson and Harry Barris are the supporting players. The screenplay for the Keith Winter play was done by Jane Murfin and Ogden Nash. A sophisticated romance drama, the appeal of which is directed to sophisticated adult audiences, the picture was directed to accentuate that quality by Frank Borzage. Producer Joseph Mankiewicz gave the piece the benefit of class production and staging. Douglas persuades Miss Crawford, dancer, to marry him despite the guarded objections of his brother, Young, who is married to Miss Sul- lavan. The newlyweds move to the "Linden" Wisconsin farm home. There Miss Crawford not only meets the open enmity of maiden sister Miss Bainter, but is quickly in a romantic association with Young that threatens to culminate disastrously for all. Though Douglas cannot see what is going on about him, though Miss Bainter strives to drive the woman she does not want from the home, though Miss Sullavan would sacrifice her own happiness for the greater happiness of her husband and Miss Crawford, the latter feels that the only solution to the problem is her own self-elimination. But when she saves Miss Sullavan from death in a fire, full realization of the heroine's character is apparent to all. A six-month honeymoon is decided upon by Miss Crawford and Douglas to straighten out the snarls in many tangled lives. Running time, 75 minutes. "A."* G. McC 'A" denotes adult audience classification. Plans Theatre in Ohio Woodsfield, O., Nov. 20. — James Shannon, owner of the Swissland, will build a new theatre here, to seat 500. CEA Asks Members Obey Seating Rule Loxdon, Nov. 20. — The London Branch of the Cinematograph Exhibi- tors' Association has advised its mem- bers officially to cooperate with the London City Council in carrying out the new seating rule. The C.E.A., however, will contest the council's claim to a legal right to establish and enforce such rules. It is believed that, otherwise, the council may be encour?*1^ aged to go further and attempt K^J- control the number and prices of all theatre seats, and ultimately may even interfere with the relationship be- tween the theatre and the public. Spyros Skouras Back From Circuit Survey Spyros Skouras, operating head of National Theatres, returned late last week from a 10-day field trip by plane to divisional offices in connection with the circuit's third annual drive, which ends Dec. 25. Meetings were held with division and district managers and bookers in Milwaukee. Kansas City, Denver, Seattle, Los Angeles and San Fran- cisco. Present outlook is that the drive will be successful, it was re- ported. Skouras also urged continuance of close cooperation of staffs with the Motion Pictures' Greatest Year cam- paign, in which he is a leader. He was accompanied on the trip by his assistant, Peter Levathes. Conferences on the coast were with Charles Skouras. J. J. Sullivan. Fox West Coast film buyer, left Friday for Los Angeles after several months here on film buy- ing. Most of this work has been completed. Sullivan is expected back here in two months. Oriental Joins Allied Chicago, Nov. 20. — The Oriental, Loop house, is the latest addition to Allied Theatres of Illinois. 19 Shows on B'way Openings are scheduled for every night this week, as Broadway legitimate stage producers are preparing for the customary winter up- swing. Nineteen productions remained on the boards on Saturdav after the closing of "Our Town" with 331 per- formances, and "Danton's Death" with 21. "Good Hunting," a satire on the general staffs during the World War, by Nathanael West and Joseph Schrank, will start today at the Hud- son. Production is by Jerome Mayer and Leonard Field, and the cast includes Aubrey Mather, Estelle Winwood, Ben Smith, Derek Wiliams, Nicholas Joy and others. Other openings set for this week are "Ringside Seat" at the Guild tomorrow; "The Boys from Syracuse" at the Alvin Wednesday; "Rocket to the Moon" at the Belasco Thursday; "Gloriana" at the Little, Friday; and "Glorious Morning" at the Mansfield Saturday. Productions set to open this week which have been postponed indefinitely include "Let's Raise the Cur- tain," "The Flying Ginzburgs" and "Herod and Mariamne." Monday, November 21, 1938 MOTION PICTURE DAILY ► Radio Personals 4 FRANK NOVAK'S band closes at the Biltmore next week . . . The- odore Cullinan, manager for London's Palladium, is here to obtain stage and radio acts for England . . . Fitzgerald returns to the Mutual airlanes, start- ing today with a new variety pro- | Doug Watt, assistant radio-editor of the New York Daily News, has written another tune, "I'd Do It Again," being published by Mills. Watt . also is the composer of "Not a Mo- ment to Spare" . . . Tommy Dorsey is tendering a cocktail party Thursday evening . . . A. B. Sambrook, WBS station relations manager, is making a three-week trip through the south . . . Jo Rines will guest appear with Rosa- lind Sherman on the latter's WINS period tomorrow . . . Leslie Howard will be interviewed by Radie Harris over Mutual on Thursday. + Les Leiber leaves the CBS pub- licity department in December to work for Paul Whiteman as pub- licity liaison, and to do occasional nov- elty musical numbers with the band. Canada Plans Royal Visit Air Coverage Toronto, Nov. 20. — N. L. Nathan- son, president of Famous Players Canadian Corp., has been notified to attend a meeting of the board of gov- ernors of the Canadian Broadcasting Corp., of which he is a member, to confer with a committee of the Can- adian Cabinet on arrangements for the broadcasting program in connec- tion with the visit to the Dominion next May of Their Majesties King George and Queen Mary. It is expected that the King will address his Canadian subjects over the radio on arrival at Quebec and on his departure from Halifax. The radio coverage of events throughout the Royal tour in a worldwide hookup will also be arranged, in conjunction with which will be the general plan for the coverage of functions and in- cidents by the news cameramen. Molle Renews Series Molle Co., sponsoring Julia Sander- son and Frank Crumit in "Battle of the Sexes," audience participation show Tuesdays on the NBC-Red, has renewed the series for another 13 weeks beyond the present 13 week contract. Stack-Goble is the agency handling the account. Expand Standard Show Standard Brands, Inc., for Fleisch- mann's Yeast, has expanded the net- work carrying the talks of Dr. Stidger on NBC, by adding WOWO, Fort Wayne, and WLS, Chicago, effective Nov. 21. J. Walter Thompson is the agency. Radio Firms Chartered Albany, Nov. 20. — Harrison Re- cording Studios, Inc., and Authors and Artists, Inc., the latter to operate a general broadcasting business, have been incorporated here. WOR Closes Deal For a New Program And Five Renewals Five renewals and a new program have been signed at WOR. "Lone Ranger," popular western serial, broadcast Mondays, Wednes- days and Fridays over a coast-to-coast Mutual hookup, has been re-signed for another 52 weeks of broadcasting, ef- fective at once. The series is spon- sored by the Gordon Baking Co., through Young & Rubicam. Hoffman Beverage Co. has renewed Arthur Hale's Transradio news broad- casts, heard nightly, through a place- ment by Batten, Barton, Durstine & Osborn. Provident Loan Society, through McCann-Erickson, has extended Al Mitchel's "Answer Man" program for another year. Through direct placements. Neil Vinick's beauty talks and the Martha Deane series for National Porcelain Co., have been renewed for 13 weeks each. Remington Rand has contracted for a new recorded series in the early morning hours on WOR, "Wake Up With Music," to start today and daily Mondays, Wednesdays and Fridays thereafter at 7 A. M. The contract was placed by Batten, Barton, Dur- stine & Osborn. Dismiss Patent Suit Suit for patent infringement brought in the U. S. District Court by Ruben Condenser Co. and P. R. Mallory & Co., Inc., against Stuyvesant Electric Co., Inc., was dismissed without prejudice on stipulation of the parties to the suit. The plaintiff had claimed infringement by the defendant of two patents covering improvements to con- densers and had sought an injunction, accounting of profits and judgment for damages. M osier, Love to Cincy Cincinnati, Nov. 20. — Additions to local station staffs include Wallace A. Mosier, previously farm editor of KFRU, Columbia, Mo., who has joined WLW as farm announcer .and farm special events man, and Mer- wyn Love, associated with stations in Chicago and other western points, appointed to the production staff of WKRC. Balfe Is Program Head Pittsburgh, Nov. 20. — Kay Balfe has resigned from WWSW's an- nouncing staff to become program director at WMMN in Morgantown, W. Va. Balfe rejoined the station's announcers only a short time ago after serving as WWSW's publicity direc- tor for several years. He was re- placed in that post by Bud Trautman. Cooper WCSH Editor James M. Cooper has been ap- pointed special news editor of WCSH, Portland, according t<^ Weed & Co., special representatives for the station. Cooper served in New York for two years with the United Press, and more recently was acting editor of the Portland Nevus. Uphold Council on Inquiry into WNYC Right of the City Council to conduct an inquiry into the affairs of WNYC and "to determine whether the in- terest of the city might be served by disposing of the station" was upheld Friday by the Appellate Division of the N. Y. Supreme Court. The higher court upheld an earlier decision of Justice Kenneth O'Brien which re- fused to quash a subpoena served on Morris Novik, di- rector of WNYC, and or- dered him to appear for ex- amination. NAB Scores Plan to Measure Radio Value Washington, Nov. 20. — The recent plan of Blackett-Sample-Hummert to measure radio station effectiveness by the amount of free space obtained by stations in newspapers was scored here Saturday by the National Association of Broadcasters, which stated that newspaper space in support of radio campaigns should be bought and not "beggea." The agency recently had announced plans to determine which stations ob- tain the best "cooperation" from news- papers and to publicize these stations in advertisements in the trade press. The N. A. B. said Saturday that such efforts as these lead inevitably to further misunderstandings between radio and the press and do not serve the best interests of the broadcasting industry. "Ma Perkins" Off Blue "Ma Perkins," now on both the NBC Red and Blue networks, will be replaced on the Blue with a new series, "Central City," starting today. The new series will retain the same schedule as the old, Mondays through Fridays from 10:45 to 11 A. M. "Ma Perkins" will be continued as at pres- ent, Mondays through Fridays from 3 :15 to 3 :30 P. M. on the Red. H. W. Kastor & Son is the agency. Safeway Starts Series San Francisco, Nov. 20. — Safeway Stores, chain grocers with selling units in all parts of the state, have inaugurated a widespread radio cam- paign here and in Los Angeles to promote sale of Lucerne Mill. Sta- tions include KFRC, KSFO, KPO, and KJBS here, and KHJ, KFI, and KNX in the south. Signal Oil Renews Show San Francisco, Nov. 20. — Signal Oil Co. has renewed its Sunday night "Carnival," half-hour variety show with Meredith Willson's orchestra, over KPO, for 52 weeks. New KPO accounts include Teena and Tim tran- scriptions, three days a week for four months, for Campbell Cereal Co. (Malt-O-Meal). Joan Edwards Renewed Joan Edwards has been renewed as the vocalist on the Paul Whiteman series for Chesterfield cigarettes, through Newell-Emmett Co. RADIO Retail Radio Sales Off 22% for First Half of This Year Washington, Nov. 20. — Retail radio sales during the first half of 1938 were 22.4 per cent under those of the corresponding period last year, it is indicated by the U. S. Census Bureau on the basis of a sample cen- sus of 243 stores, representing six per cent of the establishments and 10 per cent of sales shown by the 1935 census. Total sales of the 243 cooperating stores jumped from $5,602,000 in 1935 to $8,080,000 last year. Sales during the first half of 1937 were $3,897,000 and for the same period this year, S3,024,000. Returns of these stores, the Bureau said, indicate that 1937 sales of the radio industry were 44.2 per cent above 1935 and that payrolls were 34.6 per cent higher. While sales during the first half of this year dropped 22.4 per cent, payrolls de- clined only 6.1 per cent. The heaviest loss from last year was experienced in the second quarter, which was 30.1 per cent under 1937. The first quarter showed a loss of only 12.9 per cent. Hays Is New Sales Manager of WABC Arthur Hull Hayes has been named sales manager of WABC, CBS's key station. At the same time, it is learned that Mario L. Bloom has joined the station's sales force. Bloom was formerly with the Henderson- Garfield agency. Other newcomers to the sales staff are Beverly M. Middle- ton, and Robert C. Mayo. The former was previously sales manager of WFAS, White Plains. Pryor Is Organizing Music Union Reforms Arthur Pryor, band leader, has been drafted to head a "reform" slate of officers for Local 802, American Fed- eration of Musicians, at the annual elections Dec. 15. The reform element has organized itself as the Committee for Better Unionism, with Billy Van as secre- tary of its executive board. Selection of running mates for Pryor will be completed by the committee within a few days. Officials of Local 802 could not be reached for comment on the charges over the weekend. Display G. E. Televisors General Electric Co. will place tele- vision home receivers on display as part of its exhibit at the New York World's Fair. The company has not yet determined, however, as to whether the sets will be placed on sale at that time. Antenna Aimed at S. A. Cincinnati, Nov. 20. — A new di- rectional antenna, aimed at Latin America, is being built for W8XAL, which operates on 6,060 kilocycles, according to Joseph Ries, director of international broadcasting of the Crosley Corp. miracle worth? The gentleman on the left, William Allen White of the Emporia Gazette, is the writer of the editorial below. He tells his morning -after -the -night -before reactions to the CBS broadcast which put him and the Emporia Gazette on the air, over yy CBS stations. THE MIRACLE " Half a dozen cars, equipped with radios, parked in front of The Gazette office last night to get the first fresh gleanings of The Gazette's radio broadcast as they dripped out of the microphone. The reception was particularly good in front of The Gazette office. Down at Peter Pan park at the night kitten-ball game, interest in the game lagged and hundreds of people went to their radio-cars where the reception was splendid. But the real truth is that that broadcast left the microphones in the newsroom, composing room and pressroom of The Gazette and was sent by long distance telephone to the Columbia Broad- casting office in New York City, then went on the air from there and was telephoned back from New York City through various chains until it came to Topeka. The whole thing went 3000 miles by telephone and by air before it hit the radios near The Gazette office and at Peter Pan park. If that isn't a miracle, what is? * * * * "This hook-up which Emporians enjoyed last night was a coast-to-coast hook-up of the Columbia Broadcast- ing System, relayed by short-wave to Europe. The cost of such a network for 30 minutes is $20,000.* That is the commercial value of the entertainment which Empo- rians and the rest of the United States had. And well — so far as The Gazette's show is concerned, we can't see how it is worth it. It must cost millions every day to keep all these great radio stations going and the revenue returning must be sufficient to make a decent profit. That, also, is a miracle . . . * * * * " Gilbert Seldes, who is handling the series of broad- casts every Thursday night called "Americans at Work"t ... is a man of exceptional intelligence and works out these "Americans at Work" programs very much like dialogues Friday afternoon at country school... The stage management of a dialogue like last night's with half a dozen characters is rather difficult and the timing is most intricate. During the midst of the broadcast, when Mr. Seldes asked the editor of The Gazette a question, he suddenly found that he had mislaid his slip and said under his breath, "The Lord help me!" When quicker than a flash Seldes handed over from his sheet the script with the reply on it. Everything is in duplicate. There can be no serious slips. "Among the fan telegrams that came to The Gazette office was one from Samuel Ramseyer, of Larchmont, N. Y., who heard the broadcast. He is an uncle of Mrs. Peggy Stites and was of course surprised to hear that Mr. and Mrs. O. R. Stites had gone to Denver. He was so excited that he went to the telegraph office and wired The Gazette. Mr. Ramseyer used to visit here many years ago when his brother, J. P. Ramseyer, was in busi- ness. He said the broadcast made him homesick for Kansas. "Most of The Gazette force stood around last night in the newsroom and watched the show. It was a new experience. The microphones were attached in the com- posing room near the linotypes and in the pressroom by the newspaper press, and two microphones were at Frank Clough's desk. The office force in and out of the cast who had heard the rehearsal two or three times watched the performance with great zest, and after it was all over they all adjourned to Morris's drug store and had a coke, which is the height of night life in Emporia. It was a gay time and one of the really great adventures that The Gazette has had in the nearly 50 years of its life. And to think that that fleeting half-hour of newspaper jargon would have cost an advertiser $20,000!* It is no use trying to imagine such things. "The world has gone clean plumb mad!" *Not. $20,000, Mr. White. The cost for a sponsored program, on the hook-up of 77 CBS stations which carried this program, would have been $9,570 (before discounts). And shrewd advertisers find it well worth while. What other reason for so many of them on the air ! •("AMERICANS AT WORK (Thursdays, 10:30-11:00 P.M., EST) is one of the 20,000 programs broadcast by Columbia each year. It[ is a program created by the CBS Department of Education, giving vivid, from-the-scene portrayals of the varied jobs Americans do. Columbia Broadcasting System 'iliiam Allen White at desk, Emporia, Kansas I 1 is proud to present its first series of shorts since - the Disneys ... a new motion picture thrill MjjL ^full of the glamour and romance of far-away places IP ...taking your patrons around the world in llljl each a perfect gem of pictorial and dramatic \ jTr fl{!jf| interest and photographed in the most perfect j^yN^ i NIMIIII] that ever flashed across the screen! Arrange to have these 'm* ^subjects screened for you: "the eternal fire" • "Jerusalem" fm\ *W "HOME SYMPHONY" • "FOX HUNTING" • "PETRA" (RUINED SITE IN ARABIA) "WANDERERS OF THE DESERT" ■ "ARABIAN BAZAAR" • "RUINS OF PALMYRA" Alert, to the^fo otion Picture Industry EDO NOT MOTION PICTURE DAILY 1 i ■;■ i VOL. 44. NO. 101 NEW YORK, TUESDAY, NOVEMBER 22, 1938 TEN CENTb Canada Gains 2 Concessions In Trade Pact Excise Tax Dropped and Print Duty Reduced Toronto, Nov. 21. — Preferential treatment for film items imported from Great Britain into Canada is re- duced in favor of the United States in the trade agreement signed in Washington last week between the Dominion, the United States and the United Kingdom. Two important concessions have been gained by the film business in Canada. One is the erasing of the three per cent special excise tax on the duty paid value of imports from the United States. The second advan- tage is the reduction of the Canadian duty on positive prints from the (Continued on page 6) N.Y. Council Bill Limits Advance on Legitimate Prices Efforts of the League of N. Y. Theatres to limit advances by ticket brokers to a maximum of 75 cents per ticket will receive considerable support today when Councilman Howard Spellman will introduce a bill before the City Council to permit theatre owners to limit the resale price. Violations will be subject to fines and possible jail sentences. Since a Federal law requires the broker to stamp the price on the back of the ticket, the proposed bill is expected to aid in the enforcement of the code. In January, N. Y. City License Commissioner Paul Moss will sponsor a bill before the state legislature to transfer the licensing power over ticket agencies from state to municipal control. Both measures will be backed by the league. NLRB Hears Kibre Charges on Dec. 1 Hollywood, Nov. 21. — Hearing of "company union" charges brought by Jeff Kibre, minority faction leader of Studio Local 37, against the I. A. T. S. E. was set for Dec. 1 before the N. L. R. B. here by Regional Direc- tor Towne Nylander upon his return from a three-week conference with N. L. R. B. heads in Washington. Nylander stated that he had been (.Continued on page 6) TV. P. R. Collect! M. P. Daily, N. Y. C. "Little Rock, Nov. 21.— Fifty theatre owners of Arkansas I.T.O.A. met for two days and looked at pic- tures. No action on any- thing. No story. Regards." Harlan Hobbs Guatemala Meeting Will Set Channels in Central America New Orleans, Nov. 21. — A meet- ing to determine the channels to be used for broadcasting stations in Cen- tral American countries will be deter- mined at a conference to be held at Guatemala City, Guatemala, represen- tatives of the U. S. Army and the Fed- eral Communications Commission dis- closed here before boarding ship to attend the meeting. The conference is scheduled to open Thursday at Guatemala City and is important to the United States be- cause of the location of the Panama Canal Zone in Central America, ac- cording to Lieut. Col. David M. Crawford of the U. S. Signal Corps. Others attending the conference with him will be Gerald C. Gross, chief of the international section of the F.C.C. ; Harvey Otterman, also of the international section, and Daniel Schmidt, stenographer and interpreter attached to the State Department. To Test Copyright Changes on Dec. 15 Proposed changes in the Federal copyright laws will be put to a vote of the representatives of the various industries interested at the next meet- ing of the general copyright commit- tee, Dec. 15. Results of the vote will determine the nature of the changes that the committee will recommend to Congress at the coming session. Yesterday's meeting of the copy- right committee was confined to con- tinuation of the discussions entered upon at the earlier meetings and to receiving reports of sub-committees. E. P. Kilroe, 20th Century-Fox, and Herman Finkelstein, Columbia, repre- sented film companies at the meeting. Radio— P. 8 British Distributors Must Improve Prints London, Nov. 20. — As a result of C.E.A. pressure, backed by an almost complete unanimity and collaboration among rank and file members, distrib- utors in future will pay greater at- tention to the condition of prints. A C.E.A. inquiry was launched, and some indication of the support ac- corded the move is indicated in the fact that 6,543 replies were received. Most of the complaints referred to the sound track. Distributors were contacted by the C.E.A. General Council and asked to cooperate. Steps already have been taken to improve the quality of prints. In some cases laboratories have agreed to install more up to date equipment. Firms Will Not Compromise With Italians Vigorous denials that any major American distribution company was engaged in negotiations with the Italian Government looking to con- tinuance of operations in that country after Dec. 31 was made yesterday by Col. Frederick L. Herron, foreign head of the M.P.P.D.A. Possibility of a compromise be- tween Italy and American film dis- tributors on E.N. I.C., the Government controlled film monopoly which is scheduled to become operative Dec. (Continued on page 6) Government Weighs Dropping of 12-15 Defendants in Suit Elimination of 12 to 15 individuals as defendants in the Government anti- trust suit is understood to be under consideration by the Department of Justice. The eliminations would be confined to those no longer identified with defendant companies or else as- sociated with them in inactive capaci- ties. Among the individual defendants in the anti-trust suit who might be con- sidered in either of these classifica- tions are Dr. A. H. Giannini, former president of United Artists ; H. A. Fortington, former Paramount board member ; E. A. Schiller, Loew's the- atre executive ; Leo Spitz, former president of RKO ; Courtland Smith, (Continued on page 6) Court Affirms Earlier Stand In G.T.P. Case W.E. Wins Decision in Amplifier Suit Washington, Nov. 21. — Refusing to accept Administration representa- tions that patent monopolies should be restricted, the United States Supreme Court today affirmed the decision ren- dered last May, holding General Talk- ing Pictures Corp. to have infringed patents in the use of amplifiers re- stricted to radio reception in the pro- duction of sound apparatus for the- atres. The court, as was the case last spring, was split on the issue, four members joining with Associate Jus- tice Brandeis in the majority opinion. Associate Justice Roberts did not par- ticipate in consideration of the case. The majority refused to pass on questions raised by General Talking whether a patent owner can restrict (Continued on page 6) U. S. Co-operative Industrial Scheme Facing Curtailment Washington, Nov. 21. — Establish- ment of a cooperative Government- industry sponsored plan for circular- ization of industrial films is under consideration in the Department of Commerce, but indications are that the ambitious plans of sponsors will be materially toned down before the pro- posed Industrial Film Institute is es- tablished. Fathered by Frank R. Wilson, as- sistant to the Secretary of Commerce, the scheme calls for the cooperation of national trade organizations in the (Continued on page 6) Turkey Week This is "turkey week" at Loew theatres, with 41 houses in the metropolitan area distributing 1,000 gob- blers and "the fixin's." Neighborhood merchants are cooperating, and the turkeys will be awarded in special contests and other stunts be- fore Thursday. A few of the theatres are giving away 50 each. MOTION PICTURE DAILY Tuesday, November 22, 193! 4 Purely Personal ► GRACIE FIELDS will arrive in New York on the Normandie Thursday, and will go to the coast to confer with Joseph M. Schenck, Darryl F. Zanuck and William Goetz on further pictures to be made by her in England with the American market in view. • Arthur Eddy of Warners' coast publicity department has arrived with Mrs. Eddy in Pawtucket, R. I., on a visit with his family. They are ex- pected here next week. • Arleen Whelan left the coast yes- terday for Washington, from where she will come on to New York for a short vacation. • Mrs. Catherine Young, postmis- tress at the 20th Century-Fox home office, has become the grandmother of a girl. • Lucius Beebe, columnist, returned to New York from the coast yester- day after work in Paramount's "Union Pacific." • H. J. Yates arrived at the Repub- lic coast studios yesterday for a visit which is expected to extend over sev- eral weeks. • Nancy Kelly leaves New York today following a short vacation and is returning to the coast. • Bill Saal of Republic is touring with Roy Rogers, who is doing per- sonal appearances. • Charles P. Skouras, Fox West Coast theatres head, plans a trip to Europe soon. • Col. Leslie R. Naftzger, Dufay- color vice-president, has gone to the midwest to see a new grandchild. • Ilona Massey, Viennese singer and actress, is in New York for a brief vacation. • Joe Pollack, who went abroad sev- eral weeks ago to aid relatives in Germany, is now in Berlin. • Robert B. Wtlby has left for home after a series of meetings with Para- mount theatre executives. • Herman Robbins, National Screen president, returned from the coast yes- terday. • Hunt Stromberg will leave the coast Friday for a New York visit. • George Trendle is in town from Detroit. Insiders9 Outlook Schaefer to Leave For Coast on Friday George J. Schaefer. RKO chief executive, will leave for the coast Fri- day for his first visit to the studio since taking over the reins of the com- pany. Leo Spitz, former head of RKO. is expected back from the coast to- day. He spent some time at the studio and also vacationed at Palm Springs. JUDGE Henry S. Waldman of the Union County (N. J.) juvenile court recently came to the defense of the industry against attacks from reformers that certain films contribute to juvenile crime and delinquency. Not one of the 4,000 children who have appeared in his court in the last seven years started on a delinquent career as a result of "going to the movies," says the Judge. "A study of the film going habits of 198 delinquent girls and boys in our court during 1937 disproves the theory that delinquent children are interested only in gangster pictures," he declares. "The cowboy is a great- er hero to the boys than the gangster." ▼ T M. P. T. O. A.'s claim to a larger independent theatre repre- sentation within its membership than any other exhibitor organ- ization is not based on any ac- curate census nor does it have any official figures to support it. The claim, made in the last membership bulletin isstied by Ed Kuykendall, M. P. T. O. A. presi- dent, is based solely upon unof- ficial estimates of the theatre holdinp-s of known M. P. T. O. A. and Allies States' members. M. P. T. O. A.'s own estimates of theatres included in its fold range from 5.000 to 6.000. Of this number 2,000 to 2,500 may be affiliated theatres, leaving- a loose estimate. of 3,000 to 3.500 inde- pendent theatres covered by the remainder of its membership. Allied, itself, has never made public an estimate of the number of theatres which its membership covers. Industry estimates, how- ever, range from 1,500 to 2,500. Because the figures are unofficial. however, they cannot be consid- ered conclusive. T ▼ The Kansas City Journal, under new ownership, now has about half the subsequent run theatres there again advertising. Running neighborhood programs under that title in what amounts to a check list, the advertisements are about three-quarter inch, one column. Eleven Fox Midwest subse- quents are advertising, which represents the first space that circuit has bought in the Jour- nal, or its predecessor, the Jour- nal-Post, since the days when Ace (Easy Aces) was the movie and dramatic critic there. Fox left the Journal columns at that time, which was over six years ago. and never returned. The present setup does not bring Fox Midwest's three first runs. Tower, Uptown, and Esquire, back to the Journal. Ever since the depression, the Journal has had difficulty keeping suburbans advertising. Independ- ents continued a while after Fox left, but gradually dropped ofr. At one time they were brought back in under an arrangement whereby the theatres bought space, the Journal turned around and spent the money with those theatres for screen advertising. The money represented in this transaction went into the ITO treasury. After independents ceased advertising about three years ago, the Post continued to publish daily a list of theatres. T T Andrew W. Smith. Jr.. for- merly sales manager for United Artists, returned from an ex- tended European trip a few days ago. and iust as quietly went down to Golden Beach, Fla., to continue his rest. His plans are not known. Sheaffer Acquires "U" Voting Shares Washington, Nov. 21. — Acquisi tion of 700 Universal Corp. common voting trust certificates by Daniel M Sheaffer. Philadelphia director, in September was reported tonight b. the Securities and Exchange Commis- sion in its semi-monthly summary. At the close of the month, it was shown. Sheaffer held 15,500 cefljr" cates direct and 26,500 thr«J Standard Capital Co. and, also through Standard Capital, 111,283 common voting trust certificate war rants. The only other transaction in film stocks by officers or directors of film corporations was the disposition b} Y. Frank Freeman, New York, vice- president of Paramount, of 600 shares of that company's common stock, his entire holdings in that class, and ac- quisition, through his wife, of 600 shares of Paramount second preferred stock. Legion Approves All Of 11 New Pictures National Legion of Decency for the current week has approved ail 11 pic- tures reviewed and classified, seven for general patronage and four for ' adults. The new films and their classi fication follow. Class A-l, Unobjectionable for General Patronage — "Arrest Bulldog Drummond." "King of the Sierras, "Nancy Drew, Detective," "Paris Honeymoon," "Rhythm of the Saddle,'' "Sharpshooters," "Submarine Patrol." Class A-2, Unobjectionable for Adults —"The Beachcomber." "Peg of Old Drury," "The Shining Hour," "Sing- ing Blacksmith." "Peg of Old Drury.' previously classified as objectionable in part, has been reclassified as unob jectionable for adults after changes. Three Refugees Here Seeking Screen Jobs Three German refugees, who will arrive today on the Veendam. will seek employment with American film companies. They were in the show business in German}7. One. Franz Paul Wisbar, formerly connected with Terra and UFA, will confer with W. Ray Johnston at Monogram about a possible contract before going to Hollywood. The others are Theodor Daniel Bachenheimer, stage manager and director, and Kurt Dry. song writer. 20th-Fox Chicago Lease Chicago, Nov. 21. — Lease for a $175,000 two-story building to be erected at Wabash Ave. and 13th St. has been signed here by the 20th Cen- tury-Fox exchange. Fox Movietone News and Gaumont-British will be co-tenants. Proceeds of Kirsch Banquet to Charity Chicago. Nov. 21. — Proceeds of the testimonial dinner to be given Jack Kirsch. president of Allied Theatre Owners of Illinois, on Dec. 2 at the Congress Hotel, will be devoted to the fund for the aid of the needy in the film industry. The ticket sale for the affair is moving rapidly, according to the ar- rangements committee. Deny Metro Suit Plea Application to examine Jack Bach- man, Don Gordon, Jean Hollings- worth. Lena Frederickson and Grace Dobish in Los Angeles before trial of the infringement suit brought by Henrv Rose against M-G-M was de- nied by Judge William Bondy. Rose charges plagarism of his script. "Bur- row, Burrow," in the M-G-M short, "Man of the People." Brown Warner Manager Pittsburgh, Nov. 21. — Robert Brown has been promoted from as sistant at the Etna to manager of the Ritz in New Kensington, Pa., by Warners. He is the son of Harry Brown, for years manager of the Nixon here. MOTION PICTURE DAILY {Registered U. S. Patent Offue) MARTIN QUIGLEY, Editor-in-Chief and Publisher; SAM SHAIN, Editor; JAMES A. CRON, Advertising Manager. Published daily except Saturday, Sunday and holidays by Quigley Publishing Com- pany, Inc., Martin Quigley, president: Colvin Brown, vice-president and treasurer. Publication office: 1270 Sixth Avenue at Rockefeller Center, New York. Telephone: Circle 7-3100. Cable addresss: "Quigpubco. New York." All contents copyrighted 1938 by Quigley Publishing Company, Inc. Address all correspondence to the New York office. Other Quigley publications: Motion Picture Herald, Better Theatres, Teatro al Dia, International Motion Picture Almanac and Fame. BUREAUS: — Hollywood: Postal Union Life Building. Vine and Yucca Sts.; Boone Mancall. manager: William R. Weaver, editor. Chicago: 624 S. Michigan Ave., C. B. O'Neill, manager. London: 4 Golden Square, W. 1: cable address, Quigpubco, London; Hope Williams, manager. Entered as second class matter Sept. 23. 1938, at the post office at New York, N. Y.. under the act of March 3, 1879. Subscription rates per year $6 in the Americas and $12 foreign. Single copiei 10c Paramount proudly presents The National Philharmonic Orchestra of the U.S.A. playing "THE UNFINISHED SYMPHONY Symphony No. 8 by Franz Schubert. ProducedbySymphonic films, Inc. - Conducted 4 Directed by Frederick Feher uccess story Last spring Paramount, ever ambitious to give the trade the latest and best in short subject ideas, offered the first symphonic short, a thrilling presentation of Wagner's "Tannhaueser" overture, by the famous National Philharmonic Orchestra of 122 pieces, conducted by Frederick Feher. Not only did critics, both trade and national press, write rave reviews of this daring attempt to popularize classical music, the fans positively cheered it. Ihe finest applause and comment we have had in some time on any short subject," reported the Paramount Theatre, Los Angeles. "The picture was applauded at the finish." "This splendid subject has received applause after each showing," was the good word from the Denver Theatre. The Orpheum, Ogden, Utah; the New York Paramount, where jitterbugs actually cheered this classic; the Majestic, San Antonio; the Arcadia, Harlingden, Texas; the Arcadia, Tyler, Texas; key city theatres and small towns were unanimous in their approval. Bookers demanded another and quickly . . . So now Paramount presents in its series of Paragraphics an even-more thrilling classic gem, played by the same glorious orchestra of master musicians. Franz Schubert's "THE UNFINISHED SYMPHONY" (Symphony No. 8), one of the mightiest of all the world's great musical triumphs ... a short subject which should be on every exhibitor's programme during this fall and winter season when radio has the public most music- minded. MOTION PICTURE DAILY Tuesday, November 22, 1 93 8 Phila. Dives; "Heart" Good With $11,000 Philadelphia, Nov. 21. — Business took a nose dive. Weather was bad — too summery for this time of year. Best comparative gross was scored by the Earle's $17,500 for "The Gladi- ator" and its Jimmy Dorsey stage show. "The Young In Heart" took a strong $11,000 at the Aldine. "The Great Waltz" did $16,000 for nine days. Estimated takings for the week end- ing Nov. 18 : "Young in Heart" (U. A.) ALDINE — (1,300) (40c-55c-65c-75c) 7 days. Gross: $11,000. (Average. $8,160; "Listen Darling" (M-G-M) ARCADLA. — (600) (25c-40c-55c) 3 days. Gross: $400. (Average, 7 days, $2,800) "Great Waltz" (M-G-M) BOYD— (2.400) (40c-55c-65c) 9 days. Gross: S16.000. (Average, 7 days, $14,000) "The Gladiator" (Col.) EARLE— (2,000) (25c-40c-55c) 6 days. Stage: Jimmy Dorsey and Band. Gross: $17,500. (Average, $14,000) "Brother Rat" (F. N.) FOX— (3.000) (40c-55c-65c-75c) 6 days, 2nd week. Gross: $8,000. (Average, 7 davs, $14,000) "The Citadel" (M-G-M) KARLTOX— (1,000) (25c-40c-55c) 7 days. Gross: S3,300. (Average, $4,000) "Suez" (ZOth-Fox) KEITH'S— (2.000) (25c-40c-55c) 7 days. Gross: $2,800. (Average, $4,000) "Men With Wings" (Para.) STAXLEY— (3,700) (40c-55c-65c) 4 days, 2nd week. Gross: $4,000. (Average, 7 days, $14,000) "Girls' School" (Col.) STAXTOX— (1.700) (25c-40c-55c) 7 days. Gross: $4,300. (Average, $7,000) "Ringside" Opening "Ringside Seat," a melo- drama by Leonard Ide about habitual spectators at mur- der trials, will open todav at the Guild. Rufus Phillips produced the show and directed the staging. The cast includes Grant Mitchell, G. Pat Collins, Roy Roberts, Louise Larabee, Lucia Seger and others. It was formerly known as "Fan Fare." "Boys Town" Leads Montreal, $12,000 Montreal, Nov. 21. — "Boys Town" hit the top among Montreal first runs with $12,000 at the Capitol. Third week of "You Can't Take It With You" grossed $6,500 at the Palace. A double bill at the Orpheum, headed by "The Young in Heart," registered $5,000, while "Valley of the Giants," first feature at the Princess, accounted for $5,500. The weather continued mild with a touch of snow. Estimated takings for the week end- ing Nov. 19 : "Boys Town" (M-G-M) CAPITOL— (2.547) (25c-40c-55c-65c) 7 days. Gross: $12,000. (Average. $9,500) "Rose of the Rio Grande" (Rep.) LOETW;S— (2.800) (25c-40c-50c) 7 Stage: Six vaudeville acts. Gross: (Average, $8,000) "The Young In Heart" (U. A.) "Touchdown, Army" (Para.) ORPHEUM— (919) (25c-35c-50c) 7 days. Gross: $5,000. (Average. S5.000) "You Can't Take It With You" (Col.) PALACE— (2.600) (25c-40c-55c-65c) 7 days. Gross: S6.500. 3rd week. (Average, $11,000) "Valley of the Giants" (W. B.) "Accidents Will Happen" (W. B.) PRIXCESS— (2.272) (25c-35c-50c-65c) 7 days. Gross: $5,500. (Average. $7,000) Grierson to Make Series for Canada Montreal, Nov. 21. — Series of Canadian Government films will be produced by John Grierson, who ar- rived today from England. Produc- tion will be in association with Asso- ciated Screen News, the Dominion's sole newsreel. Grierson has produced many docu- mentary films for British Government departments. He said on arrival that he will aid the Canadian Government in producing "higher grade shorts on life and progress in the Dominion," picturing the country's development. He will also work with private pro- ducers. He expects to be here three months, making his headquarters in Ottawa. He contemplates shorts of Canadian aviation, the MacKenzie River devel- opment, mining, lumbering, farming and similar subjects. The films will be offered to theatres, but will be for non-theatrical and home release as well. The British Government will cooperate in obtaining distribution in the United Kingdom. Grierson will work with F. C. Badgley, director of the Government film bureau, and B. E. Norrish, pres- ident of Associated Screen News. He was here several months ago conduct- ing a survey. Col. to Increase '39 Newspaper Ads New Orleans, Nov. 21. — Columbia will intensify its newspaper advertis- ing schedules in 1939, Abe Montague, general sales manager, told a quarterly meeting of regional representatives here over the weekend. With exchange men present from Atlanta, Charlotte, Memphis, Dallas, Oklahoma City and New Orleans, Montague reviewed accomplishments of Columbia for the current year and said the companyr's program for next year loomed high for exhibitors. The Columbia sales chief said the company will lay stress on "Plane No. 4," starring Jean Arthur and Cary Grant and directed by Frank Hawks ; a series of films based on the comic strip, "Blondie ;" the film ver sion of the play, "Golden Boy," and the new picture being directed by Frank Capra now titled "Our Wife," Lukan Again Heads Washington M.P.T.O. Seattle, Nov. 21. — L. O. Lukan of Seattle was reelected president of the M.P.T.O. of Washington at the 16th annual session here at the New Wash- ington Hotel. The meet was at- tended by approximately 125 theatre owners of this state, Oregon, Idaho and Alaska. Other officers are : Milton worthy, first vice-president ; Aust, second vice-president ; Gwinn, third vice-president, James M. Hone, reelected executive secretary an3 treasurer. Three new trustees are John Ham- rick, Mildred Bishop and Henry Davidson. Ken- Paul Cecil and davs. $7,000. Weinstock Acquires Normandie Theatre David Weinstock and Harry Brandt have leased the new Normandie Thea- tre on 53rd St. near Park Ave. which was built by Robert W. Goelet at a cost of $200,000. The seller was Philip Smith. Boston theatre operator. The house seats 590. It will be oper- ated as a first run for foreign pictures. Opening is scheduled for Nov. 30. U.A. Circuit Board Reelection Expected Present directors of United Art- ists Theatre Circuit, Inc., are slated for reelection at the stockholders' an- nual meeting to be held in Baltimore next Monday. A directors' meeting to be held in New York shortly thereafter, is expected to reelect the present officers. Officers are : Joseph M. Schenck, chairman of the board and president : Lee Shubert, vice-president ; Dennis F. O'Brien, vice-president ; William P. Philips, vice-president and treas- urer ; Bertram S. Nayfack, secretary ; A. M. Georger, comptroller. Directors are : Harry D. Buckley, A. H. Frisch, Joseph H. Moskowitz, Bertram S. Nayfack, Dennis F. O'Brien. Willard V. King. William P. Philips, Joseph M. Schenck and Lee Shubert. Fee to Roxy Accountant Barrow, Wade, Guthrie & Co., ac- countants, have been awarded an ad- ditional $2,555 by U. S. District Court Judge Francis G. Caffey for the clos- ing of the operating account of the old Roxy receivership. The work was done at the request of Howard S. Cullman, former trustee. Ford Quits Republic To Enter Production Hollywood, Nov. 21. — Charles E. Ford, associate producer at Republic, resigned on Friday after less than one year of service at the studio to which he went from the editorship of Uni- versal Newsreel. For a time at Re- public he was executive producer in charge of westerns and serials, but recently he took charge of the Roy- Rogers westerns as associate producer. The studio announcement indicated that the parting was amicable and was the result of Ford's desire to enter production on his own. In all, he pro- duced five westerns on the Republic lot. "Stablemates" Dual, $8,100 Seattle's Top Seattle, Nov. 21. — "Stablemates,' dualled with "Touchdown Army, clicked here at the Fifth Avenue, with $8,100, and was held. Also continuing is the dual Orpheum, "The Citadel" and "Listen Darling," which took $6,800. "Suez" took a strong $6,600 in its second week at the Paramount. The weather was cool and rainy. Estimated takings for the week end-, ing Nov. 18 : "Brother Rat" (F.N.) "Personal Secretary" (Univ.) BLUE MOUSE— (950) (30c-40c-55c), days, 2nd week. Gross: $3,700. (Average $4,000) "Stablemates" (M-G-M) "Touchdown Army" (Para.) FIFTH AYEXUE— (2,500) (30c-40c-55c i 7 days. Gross: $8,100. (Average, $7,000) "You Can't Take It With You" (Col.) LIBERTY — (1,800) (20c-30c-40c-55c), days, 7th week. Gross: $3,950. (Average $5,000) "The Great Waltz" (M-G-M) MUSIC BOX — (950) (30c-40c-55c), 7 days. 2nd week. Gross: $3,900. (Average, $4,000; "The Citadel" (M-G-M) "Listen, Darling" (M-G-M) ORPHEUM — (2,450) (30c-40c), 7 days Gross: $6,800. (Average, $6,000) "Always in Trouble" (2flth-Fox) PALOMAR — (1,500) (15c-25c-30c-40c), /' days. Vaudeville headed by Pinky Lee & Co. Gross: S4.950. (Average, $5,000) "Suez" (20th-Fox) PARAMOUXT— (3.050) (30c-40c). 7 days,, 2nd week. Gross: $6,600. (Average, $6,000 1 Haines at Warners Meeting in Toronto Montreal, Nov. 21. — Wolfe Cohen, Warner Canadian district manager, held a conference here yesterday on plans for the forthcoming Sears' drive, which starts Christmas Day. Attending were Roy Haines, east- ern and Canadian sales manager, and branch managers Mickey J. Isman, Montreal ; Harry O. Paynter, Toronto, and Lou McKenzie, St. John. Cohen will hold a similar meeting in Winnipeg on Thursday, attended by branch managers Gordon A. Sim- mons, Winnipeg ; Lou Geller, Calgary, and Joseph Plottel, Vancouver. "Wings" Dual High In Omaha, $10,600 Omaha, Nov. 21. — "Men With Wings." dualled with "Campus Con- fessions," soared to $10,600 at the Omaha. The bill was moved to the ] Paramount for a second week. 'Young in Heart" and "Vacation From Love" opened nicely but had a weak finish for $8,800 at the Orpheum. Mild weather helped some but com- petition was presented by Auto Show which drew 4.000 a night. Estimated takings for the week end- in? Nov. 17-19 : "Brother Rat" (F. N.) "Tarnished Angel" (RKO) BRAXDEIS— (1.200) (25c-35c-40c) 7 days. Gross: $6,000. (Average, $4,000) "Men With Wings" (Para.) "Campus Confessions" (Para.) OMAHA— (2.200) (25c-40c) 7 davs. Gross: S10.600. (Average, $5,500) "The Young in Heart" (U. A.) Vacation From Love" (M-G-M) ORPHEUM — (3.000) (25c-40c) 7 days. Gross: $8,800. (Average. $7,200) "Imitation of Life" (Univ.) "Slave Ship" (20th-Fox) PARAMOUXT — (3.000) (15c-25c) 7 days. Gross: $4,700. (Average. $4,500) Mexico's 2,488 Extras Mexico City, Nov. 21— Reg- istered extras in Mexico total 2,488, of whom 540 are wo- men, mostly girls between the ages of 15 and 20. They work on an average of five days a week at a daily stipend of from 60 cents to $1. Many of the extras were stage players who lost out because the screen has about abolished the legitimate down here. OU'RE GOING TO HAVE A APPY HANKSGIVING IF YOU'VE DATED IN SUBMARINE PATROL SUBMARINE P ATROJL" RICHARD GREENE *- NANCY KEL LY p re ST 0 N FOS T E R GEORGE BANCROFT BBS1 AND GIANT NEW REVUE HELD OVER in its two newest pre-release engagements . . . ROXY, NEW YORK... where it's roaring along to the biggest business on Broadway! ROOSEVELT, CHICAGO where its MOTION PICTURE DAILY Court Affirms Earlier Stand In G.T.P. Case (Continued from page 1) the use made of a device manufac- tured thereunder after it has passed into the hands of the purchaser and whether "license notice" imposes en- forceable restriction on the purchaser as to the use which may be made of the device, holding that in this case amplifiers were not made or sold under patents and were not acquired by the company in "ordinary channels of trade." Justice Brandeis defended the posi- tion of the court on the ground that American Transformer Co., holder of the license, had not been licensed to sell amplifiers for use in theatre equip- ment and was guilty of infringement when it made and sold amplifiers to General Talking, and latter was also an infringer in buying. Maintaining the position he took in the original decision, Associate Justice Black contended the license notice in any form could not limit or restrict the use of amplifiers after they were sold and that "knowledge by both vendor and purchaser that articles were pur- chased for use outside the 'field' for which the vendor had been given the right to sell, made the transaction be- tween them no less a sale." The dissenting opinion asserted the patent law never was intended to ac- complish the results affirmed by the majority opinion and that the court has held frequently that when an ar- ticle described in a patent is sold and passes into the hands of a purchaser, it is no longer within the limits of patent monopoly. Republic Franchises All Signed But Two With Republic's Kansas City fran- chise owner signed to the new five- year percentage pact, the company has only two distributors not yet signed. These are Arthur Bromberg in At- lanta and Jack Berkowitz in Buffalo and Albany. H. J. Yates obtained signatures of Robert F. Withers and Clarence A. Schulz of Republic Pictures Midwest Film Distributors during a stopover in Kansas City en route to the coast. This company distributes in Kansas and western Missouri. Sixteen franchise owners have signed the new agreements, retroac- tive to last July 1 and calling for an increased percentage to Republic, which will get substantially more rev- enue thereby. The old pacts ran to July, 1939, and were cancelled where new agreements were made. The Atlanta and upstate Xew York distributors are protected by the existing contracts, but will have to meet Yates' terms if they want to continue handling Republic beyond next July. Kerner to Trinidad Edgar H. Kerner of Columbia's home office foreign department has been appointed assistant manager of the company's Trinidad branch. He sailed Friday on the Cottica to take over his new post. US Industrial Plan Facing Curtailment (.Continued from page 1) provision, first, of projectors where needed and then the distribution of industrial films, of which the depart- ment has a large library- Additional films would be presented by outside sources and title would pass to the Government, since the essence of the plan is the free transportation of the pictures to the various exhibiting or- ganizations, which can be secured only by Government frank. Consumer education is the aim of the project, and exhibition would be handled by trade and civic organiza- tions in the cities where the films were shown. Possible use of established theatres, at such times as they are not open for business, is considered, as well as the sandwiching in of Govern- ment films as part of the regular pro- gram where exhibitors will cooperate. The idea of national distribution of Government films is by no means new, and in the past several proposals have been offered, but none has ever been put into effect. May Excuse 12-15 In Anti-Trust Suit (Continued from page 1) former head of RKO Pathe News ; M. H. Aylesworth, former RKO board chairman ; several members of the old RKO board, which has been inactive for more than five years ; Charles R. Rogers, former Universal production chief, and Adolph Ramish. Universal board member. Applications for the elimination of Man- Pickford, Douglas Fairbanks and Charles Chaplin have been made by their counsel on the ground that they have been inactive in company affairs during the past several years. Johnson Renominated Exch'ge Union Head Lou Johnson of the Loew exchange has been nominated to succeed him- self as president of the Film Ex- change Employes' Union. There is no opposition. Leo Brown, Paramount, and John Cronin, 20th Century-Fox, will seek the rice-presidential post. Other nominations are : Dave New- man, Warners, financial secretary- treasurer ; Gerard Lee, Loew, corre- sponding secretary ; August Kubart, Loew, and Harry Bernstein, RKO, sergeant-at-arms. The election is set for Dec. 5. Next Ampa Lunch Dec. 8 Next Ampa luncheon meeting will be held Dec. 8 at the Astor. This week's meeting was called off on ac- count of Thanksgiving. A business meeting for members may be called by the directors for Dec. 1. Scouts Endorse "Angels" Endorsement by the Boy Scouts of America of "Angels with Dirty Faces" has been received by Warners. Special campaigns for each local showing of the film have been promised by the scouts. Canada Gains from New US Trade Pact (Continued from page 1) United States, from three cents to two and one-fourth cents per running foot. The reduced duty on films will go into effect Jan. 1, the effective date of the treaty. Actual abolishment of the special excise tax will not take place until the Canadian Parliament passes the necessary legislation. Parliament is scheduled to convene Jan. 12. With the exception of the special excise tax, there is no major change in tariff or taxation advertising acces- sories. The greatest gain in the matter of actual films will be the duty reduction on colored positive prints not made in Canada and on black and white "emer- gency" positives occasionally imported from the United States. There will be little effect on the cost in Canada of black and white positive films which are made in Dominion laboratories from master negatives brought in from the U. S. for the purpose. All colored prints are imported, however, and the socalled "emergency" prints are the occasional pictures which are required after the master negative has been returned to the U. S. The cost of printing a positive in Canada is three cents per foot while the cost of Amer- ican-made positive is cents per foot in the Dominion. This difference, it is believed, will warrant the continuance of the present procedure of making prints in Canada. Bernstein, Warner Head Charity Drive Motion Picture Accessory Division, a sub-committee of the N. Y. and Brooklyn Federation for the Support of Jewish Philanthropic Societies, has organized to assist the federation in its current fund raising campaign. David Bernstein and Albert Warner are in charge of the drive. B. S. Moss is chairman of the sub- committee, which includes : Eugene Picker, Joe Hornstein, Sam Dembow, Jr.. Joe Springer, Samuel Goodman. A. L. Kirwin, Fred Lakeman. Walter Reade, Jr.. Max Seligman, I. H. Gar- retson. Charles B. Moss, Lawrence Morris. Frank Meyer. Harry Nadel, Milton Green. Edward Rugoff. Jerry Loeb. Sam Rosen, Emil Friedlander, George Feinberg. Walter Barber. Charles Sonin. Jack Katsh, Al Such- man. Sam Rinzler. Harry Frisch, Hugh Davis, Jules Catsiff, Harold Rodner, Monroe Stein and William Friedman. Sue for Short Negative Theodore Nemeth and Mary E. Bute, doing business as Expanding Cinema. Film Service Laboratories, Inc. and Paul Guffanti were named defendants in a suit filed in the N. Y. Supreme Court by Rutherford Boyd, to recover the negative of "Parabola," a one-reel film dealing with the use of curves in art, which he claimed the defendants were wrongfully withhold- ing. The defendants have counter- claimed for $7,500. C. F. I. Sets Dividend Consolidated Film Industries has declared a dividend of 25 cents on the preferred stock, payable Dec. 27 to stockholders of record Dec. 5. Tuesday, November 22, 1 938 ! Firms Will Not Compromise With Italians (Continued from page 1) 31, is suggested by Minister of Popu- lar Culture Alfieri in an interview which appeared in the Corriere^^'la Sera, Milan, and gave rise to HeUJI declaration. Alfieri contended that the projected > film monopoly is not political, being dictated, first, by a necessity for lim- , iting the amount of Italian currency to be taken out of the country and,- secondly, by Italy's autarchial pro- gram, with which, he said, the film ! measure is consistent. "All companies have been advised i by Italy that the provisions of the monopoly decree are final and that the companies can take them or leave them," Herron said. "No American Company is engaged in negotiations with Italy and none has agreed to con- tinue business there after the decree becomes effective." Companies Also Make Denials Individual companies added their ! denials, asserting that their plans to i withdraw from Italy at the end of the ! year were unchanged. Alfieri said that fixed prices under the monopoly would permit profits to be diverted hereafter to the Italian film industry instead of to foreign I concerns. "We have not committed an act of hostility against the American film companies," Alfieri said. "The proof of this is that the only opposition to the monopoly has been the 'Big Four,' which have declared that they will not accept the system. Other American companies are negotiating with us." The reference to the "Big Four" i; understood to mean Loew's, Para- mount. 20th Century-Fox and War- ners, which maintain their own dis- tribution systems in Italy. The interview was interpreted by American film men in Rome as an indication that concessions may be made by both the American companies and the Italian Government which might permit the companies to con- tinue operations after the end of the year. It was suggested that the dis- tributors might accept the monopoly with its fixed price principle, while the Italian Government, on its part, might agree to pay higher prices on indi- vidual films. NLRB Hears Kihre Charges on Dec. 1 (Continued from page 1) given instructions to proceed immedi- ately with the remaining film cases now pending before the board. Meanwhile, the Screen Writers' Guild has sent registered letters to all producers to point cut that the S. W. G. has been designated sole bargaining agency for the writers and warned that continued negotiations with the Screen Playwrights "are not only illegal under the provisions of the National Labor Relations Act, but also raise additional serious questions as to good faith." THE MOST IMPORTANT FACTOR IN THEATER OPERATION The entertainment which brings patrons to your theater night after night is, in the last analysis, just a rapidly changing pattern of light and shadow. The film which provides the shadow pattern is rented, but YOU provide the light. The quality and quantity of that light determines the effectiveness with which the picture is presented. The finest story and the most beautiful photography will often fail to please if poorly projected. Simplified High Intensity projection provides the best projection light available to the average theater today. Yet the required investment is only 2^ per cent of the total investment in the average theater and the operating cost only 1}/^ per cent of total operating expense. It provides the screen brightness and sharp defini- tion desired by that large percentage of your patrons not blessed with perfect vision. It gives the most realistic reproduction of the increasingly popular color features. It permits a comfortable and safe level of general illumination. Ask your dealer to show you the economy of Simplified High Intensity projection. SIMPLIFIED y^hfSjjntMisity ||§f^ m modern ft£££°Oj D ODDDOaDDDDD QPDQDQPOQQt jODDDQODODDDaQDL WITH NATIONAL "SUPREX 'C \ /pop o ooo QPQoo°t]ooouooQDo0ao0oooaoaooPp_p Copyrighted 1938 — National Carbon Company, Inc. NATIONAL CARBON COMPANY, INC. Unit of Union Carbide HIM and Carbon Corporation CARBON SALES DIVISION, CLEVELAND, OHIO General Offices: 30 East 42nd Street, New York, N. Y. MUiCH SUESJlfJFJCES: HEW TORI PITISBULBfiM CHICAGO SAN FH1HCISCIU MOTION PICTURE DAILY Tuesday, November 22, 1930 RADIO anner LINES WMCA's formal disclaimer of remarks regarding Commun- ism and Jews made by Father Charles E. Coughlin over that station on Sunday seems to be a vindication of WHN's apprehension over carrying the radio priest's talks. Originally WHN was to have been the New York City outlet for Father Cough- lin's program, but at an eleventh hour before the series commenced, WHN cancelled the contract, and WMCA was secured by the Union of Social Justice, sponsors of the Coughlin pro- gram, as its New York station. This department recollects that it called both stations for explanations of the station switch. At WHN it was said that the station had cancelled the contract for the series following refusal by Father Coughlin to abide by the station's policy of submitting advance copies of his addresses for perusal by the station. WMCA stated that it also had a policy requiring an advance of all text to be broadcast, and that Father Coughlin would not be an exception. Apparently, however, Father Cough- lin was an exception, for the station now states that it has not been receiv- ing advance copies of Father Cough- lin's talks. T Sunday seems to be a jinx day for radio. Beginning with the Sabbath upheaval caused by Mae West when she broadcast the "Garden of Eden" skit, we've had in succession the Or- son Welles fright, the "Good Will Hour" episode of two weeks ago when a participant incautiously let slip a remark about sex, and now the con- troversy over Father Coughlin's talk. T Al Simon, WHN publicity direc- tor, celebrated a birthday last week, and the presents included 14 of those miniature live turtles, and a gold fish. He's made valiant at- tempts to give away the turtles, with no takers to be found. Any- body want one? T Andre Baruch, the announcer, re- cently won a cooking prize, and as a result he's been booked for a guest appearance on a network show. You've guessed it — the program is "The Woman of Tomorrow." T Fendrich Co., cigar makers, spon- soring "Smoke Dreams" on a split NBC network, is cancelling the show Dec. 25. The reason appears on the cancellation order. "Everyone will be overstocked with cigars after Christ- mas." Necktie sponsors please copy. — Jack Banner Deny Deal for Sale Of Oakland Station San Francisco, Nov. 21. — Denial that a deal is in progress for sale of KROW, Oakland, to Wesley Dumm and Phil Lasky, chief stockholders of KSFO here, has been made by H. P. Drey, general manager of the Oakland station. Dumm and Lasky, who have been reported negotiating for purchase of the studios for $150,000, have refused to deny or affirm the alleged conversa- tions. A. F. R. A.- Musicians Montreal Agreement Off After 6 Months Montreal, Nov. 21. — Working agreement which has been in operation six months between the American Fed- eration of Radio Artists' Montreal chapter and the Musicians' Federation of Montreal was broken today when both unions disclosed radio artists had filed notice of "indefinite suspension" with the musicians. Both are A. F. of L. members. No reasons were given for the split, al- though the artists are understood to have been dissatisfied since they had to refuse many engagements due to non-union performers being on pro- grams. The A.F.R.A. group, compris- ing over 90 per cent of Montreal's radio artists, voted almost unanimous- ly for the break. President Rene Bertrand conferred with Lawrence Tibbett, international president, here last week. Local radio stations never openly recognized either union but the united front during past six months found them much more co- operative. Clancy Is Appointed WHN Night Manager Russ Clancy, now chief announcer and operations manager of WHN, has taken over the duties of night manager, replacing Sid Adler, re- signed. At the same time other staff changes have been effected with Ger- son Alterman resigning to join As- sociated Orchestras of America. George DePue, formerly with NBC, has joined WHN to serve as assist- ant to Clancy, and Ray Katz, assist- ant to program director Fred Ra- phael, has been made day operations manager. Ted Schneider, former as- sistant night manager, has taken over Katz's former duties. Rand Takes WNEW Time Remington Rand has placed an order with WNEW for a spot cam- paign, starting tomorrow. Batten, Barton, Durstine & Osborn placed the account. Additional WNEW business included a contract by Abelsons, Inc., for a participation in the "Make Be- lieve Ballroom" and a contract for five quarter-hour transcriptions per week by Ranald Service, through Fed- eral Transcribed Programs. Transradio to WKRC Cincinnati, Nov. 21. — WKRC, CBS owned and operated station, will augment its present United Press Ser- vice with Transradio Press, effective Dec. 1. Transradio will have a re- write man in the station's newsroom, with two reporters on downtown beats. The new department will be under supervision of Cecil Carmichael, special events director. Morris Renews "Name" "What's My Name," audience par- ticipation show for the Philip Morris Co. on Mutual, will remain on the networks via a renewal just placed by Biow & Co. The agency had been seeking to replace "What's My Name" with another show, but after listening to a number of suggested replace- ments, decided to continue the present show. ► Radio Personals < VINCENT LOPEZ, Del Casino, Barry Wood, Dick Todd and Betty Hutton have been engaged to make a Paramount short. . . . Jim Fleming is new CBS announcer here, coming to New York from Chicago. . . . Leith Stevens, Les Leiber, Nan Wynn and Billy Hackett, of the CBS "Swing Session" were at Warners' Brooklyn studios yesterday making a short. . . . Carl Frank, announcer on "Good Will Hour," "Your Family and Mine" will be married on Saturday to Barbara Weeks. + San Francisco Al Hunter of KFRC's news depart- ment married to Catherine Murphy, non-professional. . . . New entrance- way has been installed at KYA, where the studios have been redecorated. . . . A new weekly educational feature is on KSFO Saturday mornings, in co- operation with the school department. It's titled "Vocation and Avocation." + Pittsburgh Red French, Solly LaPerche, Klor- man Schmidt and Tommy Tarshis have left town to join Happy Felton's new band. . . . Jerry Mayhall has been signed to do special arrangements for Maurice Spitalny's staff band at KDKA. . . . Darrell V. Martin, of the Pittsburgh Post-Gazette , celebrated his 15th anniversary as a radio editor last week. . . . Dorothy Devlin is now do- ing a sponsored news broadcast for women every morning on WWSW. . . . KDKA has signed the Kilbuck The- atre Players to present a 15-minute playlet once a week. . . . Bill Beale is writing KDKA's daily "Movie Maga- zine of the Air" on KDKA in addi- tion to delivering it himself on the air. + Des Moines Joe Miller of St. Louis has been added to the continuity staff of KRNT-KSO. . . . Mabel Hoddicker has been named assistant to Mary Little, radio editor of the Register and Tribune, replacing Mrs. Wayne Var- num, resigned. . . .Duane Peterson has been appointed assistant treasurer of the Iowa Broadcasting System. He replaces Robert Tincher, who left to become manager of WNAX, Yankton, S. D. . . . Edward Truman, a pianist and singer featured daily over KRNT, has replaced Wayne Sprague in the music library of KRNT-KSO. . . . Rowland Peterson has been added to the promotion staff of KSO-KRNT. G. N. Signs Fletcher "Tex" Fletcher, for the past six years on WOR-Mutual broadcasting a "cowboy" singing series, has been signed by Grand National to star in six westerns. He will leave for Hol- lywood on Dec. 1, when his radio programs will be discontinued. World Takes "Web" World Broadcasting System has purchased radio rights to "The Spider's Web" from Columbia Pictures, which produced it as a screen serial. Stewart Sterling of the Eno "Crime Clues" series will write the air adaptations. FCC Calendar Washington, Nov. 21. — Federal Communications Commission has set the following hearings : Nov. 22 : Applications of McComb Broadcasting Corp. for a 1,200-kilo- cycle, 100-watt daytime station at McComb, Miss. ; Pee Dee Broadcast- ing Co., for a 1,200-kilocycle station at Florence, S. C, with 100 j^tts night, 250 watts day, and Wjjj)S, Florence, S. C, for extension ortime from day to unlimited. Nov. 23 : Application of WPG, At- lantic City, for authority to move studio from Atlantic Ctiy to New York, and increase time from specified hours to unlimited. Commission has ordered oral argu- ment to be heard Dec. 1 on the con- testing applications for a new broad- casting station at Pontiac, Mich., of King-Trendle Broadcasting Corp., 1,440 kilocycles, 250 watts, unlimited time; Pontiac Broadcasting Co., 1,100 kilocycles, 1,000 watts, day only, and George B. Storer, 600 kilocycles, 500 watts night, 1,000 watts day, unlim- ited time. The commission also will hear oral argument on the same date on the ap- plications of the Asheville Daily News for a 1,370-kilocycle, 100-watt station at Asheville, N. C. Examiners' hearings were ordered for Jan. 9 on the applications of Law- rence J. Heller for a 1,310-kilocycle station at Washington, with 100 watts night, 250 watts day; KGNO, Dodge Citv, Kan., for increase of power from 250 to 500 watts, and WJRD, Tuscaloosa, Ala., for extension of time from day to unlimited with 100 watts night, 250 watts day. Other hearings scheduled : Jan. 18 : on the application of WJBW, New Orleans, for extension of time from sharing to unlimited, and for Feb. 15 on the application of the Gateway Broadcasting Co., for an 880-kilocycle, 500-watt station at Louisville. Cook Series to Emmett Newell-Emmett agency yesterday was appointed to service the Thomas Cook travel bureau account, and to produce the forthcoming series for the agency, which begins on NBC Dec. 18 with Malcolm LaPrade featured in travel talks. To Move KQW Antenna San Francisco, Nov. 21. — Engi- neering tests to determine a new lo- cation for KQW's transmitter are be- ing conducted by technical experts for the San Jose station, in the outlying valley area. A new transmitter of 5,000 watts power will be built shortly after the first of the year. Adell Joins Weed Co. Charles M. Adell has joined the staff of Weed & Co., special repre- sentatives, and has been placed in charge of the company's office in Chi- cago. Adell formerly was with NBC and RCA. Lord Show Touring Phil Lord's "Gang Busters" series will make a personal appearance Nov. 25, at the Earle, Philadelphia. MOTION PICTURE DAILY Accurate and Impartial NO. 102 NEW YORK, WEDNESDAY, NOVEMBER 23, 1938 TEN CENT> [Yade Pledges $225,000 to NY Federation i ndustry Will Increase Quota This Year Members of the motion picture and Keatrical committee of the New ^ork-Brooklyn Federations of Jewish "harities cam- aign pledged hemselves to aise a quota of ;225,000 at a uncheon meet- ng at the Hotel \stor yesterday. The campaign, vhich is under vay, ends Jan. II. The goal ex- :eeds by $45,- )00 the largest ;um ever raised 3y the amuse- ment division of he Federation. Arere $180,000. Louis K. Sidney will head a Holly- wood committee. Contribu- tions made in Hollywood will be credited to the local com- mittee's quota. The campaign will be conduct- ed through a series of meet- ings for each of the 17 sub-divi- sions in which the committee is divided. B. S. Moss reported that he lad already organized the accessories field, and William Morris, Jr., states (Continued on page 6) David Bernstein Last year collections Albert Warner Gillespie to Handle Sousa Film Rights Exclusive selling rights to the life of John Philip Sousa, famous Ameri- can march king, have been awarded to James F. Gillespie, who will repre- sent the widow of the late band master in all matters pertaining to the screen- ing of Sousa's career. The deal was negotiated through W. Herbert Adams, attorney for the Sousa estate. Gillespie plans to sub- mit the title, "The Stars and Stripes (.Continued on page 6) Paramount to Drop "Zukor Presents" The familiar leader line on Paramount productions — "Adolph Zukor Presents" — will disappear after Jan. 1. Line has appeared on com- pany productions for more than a decade. Decision to eliminate the line follows Zukor's transfer to London to head the com- pany's European operations. Zukor, who continues as chairman of the Paramount board, will arrive in New York from the coast Monday and plans to sail for London Dec. 2. Bernerd With GN; Warner Sells His F. A. Grand National turned over yes- terday. It got itself a new producing company instead of Fine Arts (Frank- lyn Warner). Now it proposes not only to produce eight quota films in England but also to set up its own distributing system there, under Jeff- ery Bernerd and Edward R. Russell. The new producing arm of the firm takes over substantially all of Fine Arts' assets and commitments. These commitments are 22 features for G.N. Franklyn Warner's plans are not known. That's how some of the dispute be- tween E. W. Hammons, president of Grand National and Franklyn War- ner, who headed Fine Arts, has been settled. Russell, who has been associated with the old Educational company (Hammons) for 18 years, was that firm's managing director in England. Bernerd, of course, as the trade has been aware, is the former head of (Continued on page 6) RKO OUT OF 77B BY END OF YEAR Royal Says N.B.C. Controls Writers For Rs Protection Washington, Nov. 22. — John Royal, vice-president of NBC, in charge of programs, from the witness stand at the FCC's monopoly hear- ings, today, asserted the reason that NBC asks writers to sign waivers on material was self-protective to avert Additional developments in radio are found on page 8. plagiarism suits against the firm, and not for purposes of securing a monop- oly and control of writers. Royal's testimony completed several days' examination of various NBC of- ficials, including David Sarnoff, head of RCA, first witness in the inquiry. Royal asserted that while NBC in- sists that certain religious, educational and public affairs sustaining programs be carried by all stations which it owns or operates, local managers of those stations are free to refuse other sustaining programs in favor of fea- tures of more local interest. Over the affiliated stations, however, NBC ex- ercises no control, he said, and such stations are free either to accept or (Continued on page 8) UA Hires 23 Special Exploiters on Films United Artists sent 23 exploitation men into the field yesterday to han- dle 'The Young in Heart" and "The Cowboy and the Lady." The men and their assignments follow. On "The Young in Heart" are : Don Prince, Atlanta ; Louis Ramm, (Continued on page 7) Warner-Cosmopolitan Releasing Arrangement Will Be Extended Warners' releasing arrangement with Cosmopolitan Productions will be extended for a period of years, probably on the present basis of releasing six pictures a year under the Cosmopolitan label, according to Ed Hatrick, head of the Hearst film interests. Hatrick returned early this week from coast conferences on the matter. The new agreement is not entirely set, but conferences will be resumed when Harry M. Warner recovers from his illness. The present pact, which expires at the end of this year, will be completed when Warners deliver two more pictures. One is scheduled for January release and the other in February. Final Decision of Bondy Expected at Next Hearing Dec. 2 Federal Judge William Bondy at yesterday's hearing on RKO indicated that he might dispose definitely of the RKO reorganization situation by Dec. 2 the date of the next hearing. This is the first time that the court has been any wise definite on the matter, so that all interested parties are very hopeful that the company finally may emerge from 77B shortly. Apparently Judge Bondy is deeply concerned about the delays which have been occasioned in the situation, be- cause he asked the parties to be patient for an additional 10 days, dura- tion of the postponement of the hear- ing. "I am considering every argument against the plan fully," the court said, "and I am examining the Special Mas- ter's (George Alger) report to see how the master disposed of these argu- ments." But the judge refused to indicate whether his decision to dispose of the (Continued on page 6) Broadway Grosses In General Slump Jitterbugs are giving Larry Clin- ton a hand at the Paramount on mornings but the night business for "Arkansas Traveler" is not what it might be, and, as a whole, Broadway (Continued on page 6) U. S. — Greece Sign Commercial Treaty Washington, Nov. 22.— Ne- gotiation of a provisional commercial agreement with Greece was announced today by the U. S. State Depart- ment, under which it is agreed that if either coun- try imposes quotas or import controls, goods from the other country shall not be discriminated against. Effect of the "most favored nation" treaty will be to in- sure fair treatment to Amer- ican films under any control system which Greece may adopt during the life of the agreement. MOTION PICTURE DAILY Wednesday, November 23, 1938 i Purely Personal ► T ACK L. WARNER will be a Nor- %J mandie arrival tomorrow. He will remain in New York until Dec. 3 for conferences with Gradwell L. Sears, Major Albert Warner and S. Charles Einfeld on campaigns for forthcoming Warner product. Louis Phillips of the Paramount legal department is in Chicago to as- sist with preparations for trial of the Government contempt action there against P>. & K. and major distribu tors. • George Friedl, Jrv director of sound engineering for International Projector, has left for the coast to consult with producers on sound prob- lems. • Russell Bell of Monogram is re- covering at his home in Ossining from injuries sustained in an auto collision last Saturday at Dobb's Ferry. • Jack H. Levin, general manager of the Copyright Protection Bureau, is in the field checking with exchanges. He is expected back in a week. • Sid Luckman, Columbia U. foot- ball star, will present a trophy to Erasmus High at Loew's Kings The- atre, Brooklyn, Monday night. • Vincent Price, Universal player, has arrived here for a short vacation and will return to the studio shortly. • Y. Frank Freeman will leave for the coast Monday to take over his new post at the Paramount studio. • Jack Skirball, Grand National production manager, will leave for the coast early next week. • Franklyn Warner plans to re- turn to Hollywood tomorrow or Fri- day. • David O. Selznick plans to leave for the coast Saturday. THE MERCURY Insiders9 Outlook DOWNTOWN firm of Dwight, Harris, Koegel & Caskey, is now counsel to Samuel Goldwyn. The firm of Schwartz & Frohlich has broken with Goldwyn. Schwartz & Froh- lich continue their interest in United Artists, however, as coun- sel to the company, and also as counsel for Charles Chaplin, Alexander Korda and Maurice Silverstone. The change was due to a conflict of interest, appar- ently. Other counsel for U. A. is O'Brien, Driscoll & Raftery, who also represent Mary Pickford and Douglas Fairbanks. T T German refugee relief will benefit from the proceeds of a special preview showing of "Pyg- malion" at the Astor next Wed- nesday night, a day before the film opens at the theatre for a regular run. Nicholas M. Schenck has issued invitations for the performance. Proceeds will be divided among the Ameri- can Jewish Joint Distribution Committee, American Committee for Christian German Refugees, Committee for Catholic Refugees from Germany and the Ameri- can Friends Service Committee. T T Broadway producers are unde- cided whether Hays office play reviewers should be placed on the pass list. For the past sev- eral years members of the Pro- duction Code Administration's eastern staff have been catching the new Broadway productions on tickets purchased at box-office prices. This season, the produc- cers received a request from Carl E. Milliken, M. P. P. D. A. sec- retary, for pass privileges for the reviewers. Francis S. Harmon, Dr. James Wingate and Vincent Hart are the M. P. P. D. A.'s stage scouts. After catching the new shows they submit straight repor- torial reviews to member film companies for whatever guidance they may be in the matter of a purchase of film rights. The producing managers, apparently, are unable to decide whether this service is worth a couple of aisle seats to themselves. T ▼ Decision in the "Letty Lynton" infringement suit, which is due to be rendered in the next few weeks, is expected to be a guide for future copyright cases on the question of damages. The au- thors, Edward Sheldon and Mar- garet Ayer Barnes, claim that they are entitled to all profits earned through the distribution and exhibition of the film, after the deduction of expenses. Defense briefs hold not only that all expenses should be de- ducted, but goes further and asks that profits be apportioned, and point out that the story is only one part of the many elements which go to make up a completed picture. Without stars, direction, technical help, organizational set up and the like, no film story could earn any money. Addi- tionally, on the exhibition side, good will, stage shows, advertis- ing and management contribute much to profits. In the case of patent infringe- ments, it is held customary to ap- portion profits according to the value of the contribution of the infringing article. Whether this definition of the defense will be applied to this copyright case remains to be seen. Whatever the decision by Federal Judge Vincent L. Lei- bell, an appeal is likely by one side or the other and a final rul- ing will probably result. OVERNIGHT TO LOS ANGELES Fly the Southern SUNSHINE route over- night to Los Angeles. Through service. No change of planes. Giant SKYSLEEPERS. Complimentary meals served by stewardesses. Mercury Southerner Lv. 5:10 p. m. Lv. 9:00 p. m. , (ptUy 3 slops) {only 5 stops) FOR RESERVATIONS: Call Your Travel Agent orVANderbilt 3-2580. Ticket Offices: 45Vander- iilt Ave., and Rockefeller Center, 18 W. 49th St AMERICAN AIRLINES Musician Wage Fight In Phila. Spreading Philadelphia, Nov. 22. — Dispute between stage show houses and the Philadelphia musicians' union over em- ployment terms is spreading and may result in the closing of Warners' Earle Dec. 2. Notice has been given to employes subject to a possible set- tlement with the union prior to that date. The contract dispute originated at the Fox several weeks ago and has since spread to other stage show houses here. No Paper Thursday Motion Picture Daily will not publish on Thursday, Nov. 24, which is Thanksgiving Day. The "OVERLAND FLYER" Deluxe United Mainliner Sleeper -k Latest Sleeper departure — 11:45 p. m. Arrive Hollywood in mid- afternoon. Luxurious, quiet, fewest stops. Or take United's famed "Con- tinental" Sleeper. Lv. 5:20 p.m., ar. !) :25 a.m. Reservations : 58 E. 42nd St., MU 2-7300. Or travel bureaus, hotels. UNITED AIR LINES The Main Line Airway Producing in East Boosted By Atlas Cash William K. Howard boosts eastern production. Equipment and talent are here and other conditions are as^.ttfcl as in Hollywood, in the opinion on) ^s director, now completing "Frankie," at the Eastern Service Studios, Long Island City. Howard is over his budget on the picture which has been financed by Atlas Corp. (Floyd Odium), but looks to be completed this week. The film was to have come in at $250,000 but will probably hit $400,000, before it is finished. Odesso Productions is the corporate name of Howard's produc- ing firm. With Dudley Murphy, who also has some Atlas money behind him on "one-third of a nation," produced also at E.S.S., Howard's activity is giving production in the east quite a boom. Howard calls New York the great- est talent spot in the world, with new faces cropping up here all the time, which makes it so apart from Holly- wood. Wallace Ford plays the chief role in "Frankie," and the cast includes Stuart Erwin, Aline McMahon, Pat- ricia Ellis, Bert Frohman and George Lewis. Ed Dubinsky Is Here To Spend the Holiday Ed Dubinsky of Kansas City is here with his wife and daughter on a visit. Tomorrow his son, Stanley, who is attending the Wharton School of Finance, Philadelphia, will arrive and there will be a Thanksgiving re- union. Dubinsky at one time was a Para- mount theatre partner in the Kansas City area. Now the Dubinsky broth- ers, Ed, Barney, Irving and William, operate 22 theatres, one in downtown Kansas City. They recently opened a house in Leavenworth, Kan., making three Dubinsky theatres in the town. MOTION PICTURE DAILY (Registered U. S. Patent Office) MARTIN QUIGLEY, Editor-in-Chief and Publisher; SAM SHAIN, Editor; JAMES A. CRON, Advertising Manager. Published daily except Saturday, Sunday and holidays by Quigley Publishing Com- pany, Inc., Martin Quigley, president: Colvin Brown, vice-president and treasurer. Publication office: 1270 Sixth Avenue at Rockefeller Center, New York. Telephone: Circle 7-3100. Cable addresss: "Quigpubco, New York." All contents copyrighted 1938 by Quigley Publishing Company, Inc. Address all correspondence to the New York office. Other Quigley publications: Motion Picture Herald, Better Theatres, Teatro al Dia, International Motion Picture Almanac and Fame. BUREAUS : — Hollywood : Postal Union Life Building, Vine and Yucca Sts. ; Boone Mancall, manager; William R. Weaver, editor. Chicago: 624 S. Michigan Ave., C. B. O'Neill, manager. London: 4 Golden Square, W. 1: cable address, Quigpubco, London; Hope Williams, manager. Entered as second class matter Sept. 23. 1938, at the post office at New York, N. Y.. under the act of March 3, 1879. Subscription rates per year $6 in the Americas and $12 foreign. Single copiei 10c. Wednesday, November 23, 1938 MOTION PICTURE DAILY "Stablemates" $34,000; 'Suez' $17,000 in Hub Boston, Nov. 22. — "Stablemates" an34,000 at Loew's State and Or- pritum. s, "Brother Rat" and "Five of a Kind," in a second week at the Paramount and Fenway, garnered $13,000. "Suez," combined with "Torchy Gets Her Man," at the Metropolitan, took $17,000. Estimated takings for the week end- ing Nov. 19 : "Brother Rat" (W.B.) "Five of a Kind" (ZOth-Fox) FENWAY — (1,382) (25c-30c-40c-55c), 7 days, 2nd week. Gross: $5,000. (Average. $4,500) "Stablemates" (M-G-M) "Listen Darling" (M-G-M) LOEW'S ORPHEUM — (2,907) (25c-35c- 40c- 55c). Gross: $19,000. (Average. $12,000) "Stablemates" (M-G-M) "Listen Darling" (M-G-M) LOEW'S STATE— (3,537) (25c-30c-40c- 55c). Gross: $15,000. (Average, $11,000) "Suez" (20th-Fox) "Torchy Gets Her Man" (W.B.) METROPOLITAN — (4,332) (25c-30c-40c- 55c), 7 days. Gross: $17,000. (Average, $11,000) "Brother Rat" (W.B.) "Five of a Kind" (2ttth-Fox) PARAMOUNT— (2,097) (25c-30c-40c-55c), 7 days, 2nd week. Gross: $8,000. (Average, $8,000) "Mad Miss Manton" (RKO) "Man To Remember" (RKO) RKO MEMORIAL — (2,709) (25c-30c-40c- 55c), 7 days. Gross: $14,000. (Average, $13,000) "Rat" Dual Leads New Haven, $9,100 New Haven, Nov. 22. — "Brother Rat" and "Torchy Gets Her Man" was high at the Roger Sherman taking $9,100. "Men with Wings" and "The Higgins Family" took $7,000 at the Paramount. Second week of "The Citadel" and "Listen, Darling" at the College grossed $3,500. "The Great Waltz" and "Young Doctor Kildare" did an average $8,000 at Loew-Poli. Estimated takings for the week end- ing Nov. 18 : "The Citadel" (M-G-M) "Listen, Darling" (M-G-M) COLLEGE— (1,499) (35c-50c) 7 days, 2nd week. Gross: $3,500. (Average, $2,500) "The Great Waltz" (M-G-M) "Young Doctor Kildare" (M-G-M) LOEW-POLI— (3,040) (35c-50c) 7 days. Gross: $8,000. (Average, $8,000) "Men With Wings" (Para.) "The Higgins Family" (Repub.) PARAMOUNT— (2,348) (35c -50c) 9% days. Gross: $7,000. (Average, $4,400) "Brother Rat" (W. B.) "Torchy Gets Her Man" (W. B.) ROGER SHERMAN— (2,200) (35c -50c) 7Vz days. Gross: $9,100. (Average, $4,700) Manages Dickinson Unit Kansas City, Nov. 22.— A. C. Du- mont, formerly at Rock Island, 111., is manager of the new Dickinson in Johnson County, Kan., near Kansas City. The house is a unit in Glen W. Dickinson Theatres, Inc. Dizzy Dean to Appear Chicago, Nov. 22. — Dizzy Dean, star pitcher, will appear at the RKO Palace beginning Friday. Bob Elson, sports announcer for Mutual, will as- sist him on the stage. Jean Is Annoyed Quebec, Nov. 22. — An irate Frenchman is apt to descend on the Paramount publicity department one of these days and mow 'em down. The annoyed gentleman is Jean Marion, film editor of L'Evenement - Journal, big French language daily here, and the cause of his annoy- ance is the Paramount insist- ence on putting "Miss" in front of his name on mailed press releases. 'Stablemates" Big $22,000; "Storm" $18,000 in Frisco San Francisco, Nov. 22. — Al- though total first run business slumped, the Fox drew $22,000 with a twin bill of "Stablemates" and "Road to Reno." Hollywood stars on opening night helped boost "The Storm" to $18,000 at the Golden Gate. Estimated takings for the week end- ing Nov. 15-18: "The Storm" (Univ.) GOLDEN GATE— (2,850) (35c-40c-55c) 7 days. Stage: vaudeville. Gross: $18,000. (Average, $16,000) "There Goes My Heart" (U. A.) UNITED ARTISTS— (1,200) (15c-35c-40c- 55c -65c) 5 days, 3rd week. Gross: $4,000. (Average, $7,000) "Girls' School" (Col.) "The Lady Objects" (Col.) ORPHEUM— (2,440) (15c-35c-40c-55c), 7 days. Gross: $6,700. (Average, $8,500) "Suez" (20th-Fox) PARAMOUNT— (2,740) (15c-35c-40c-55c- 75c) 7 days. 2nd week. Gross: $10,000. (Average, $13,000) "Stablemates" (M-G-M) "Road to Reno" (Univ.) FOX— (5,000) (15c-3Sc-40c-55c-75c), 7 days. Gross: $22,000. (Average, $17,000) "The Sisters" (W. B.) "The Sharpshooters" (20th-Fox) ST. FRANCIS— (1,400) (15c-35c-40c-55c- 77c) 7 days, 3rd week. Gross: $5,000. (Average, $7,000) "Just Around the Corner" (20th-Fox) "Torchy Gets Her Man" (W. B.) WARFIELD — (2,680) (15c-35c-40c-55c-75c) 7 days. Gross: $9,500. (Average, $13,000) "Grand Illusion" (World) CLAY— (400) (15c-35c-40c) 7 days, 2nd week. Gross: $1,350. (Average, $1,300) "Moonlight Sonata" (U. A.) LARKIN— (390) (15c-35c-40c) 7 days, 4th week. Gross: $1,000. (Average, $1,300) 'School' 'Suspicion' ,200 in Buffalo Buffalo, Nov. 22. — "Girls' School" and "Under Suspicion" drew $8,200 at the Lafayette to lead the town. At the Century, "Garden of the Moon" and "Girls on Probation" took a strong $7,200. "Suez," at the Buffalo, grossed well with $13,800. Estimated takings for the week end- ing Nov. 19 : "Suez" (20th-Fox) BUFFALO — (3,000) (30c-55c), 7 days. Gross: $13,800. (Average, $12,000) "The Sisters" (W.B.) GREAT LAKES— (3,000) (30c-50c), 9 days. Gross: $9,300. (Average, 7 days. $7,500) "Just Around the Corner" (20th-Fox) HIPPODROME— (2,500) (25c-40c), 7 days. Gross: $5,400. (Average, $6,800) "Garden of the Moon" (W.B.) "Girls on Probation" (W.B.) CENTURY— (3,000) (25c), 7 days. Gross: $7,200. (Average, $6,000) "Girl's School" (Col.) "Under Suspicion" (Col.) LAFAYETTE — (3,300) (25c), 7 days. Gross: $8,200. (Average, $6,300) "Heart," $14,000 Cincinnati's High Cincinnati, Nov. 22. — "There Goes My Heart" did $14,000 at the RKO Albee for the heaviest take of the week, and was moved to the RKO Capitol. "Men With Wings" took $10,400 landing at the RKO Palace, and is playing a holdover stanza at the RKO Lyric. "Stablemates" did well at $2,750 on its fourth downtown week at the RKO Grand. Estimated takings for the week end- ing Nov. 17 : "There Goes My Heart" (U.A.) RKO ALBEE — (3,300) (35c-42c), Gross: $14,000. (Average, $12,000) "Men With Wings" (Para.) RKO PALACE— (2.700) (35c-42c), Gross: $10,400. (Average, $10,000) "Drums" (U.A.) RKO SHUBERT— (2,150) (35c-42c) 2nd week. Gross: $5,000. (Average, "The Great Waltz" (M-G-M) RKO CAPITOL— (2,000) (35c-42c), 2nd week. Gross: $5,750. (Average "Suez" (20th-Fox) RKO LYRIC— (1.400) (35c-42c), 2nd week. Gross: $4,000. (Average "Stablemates" (M-G-M) RKO GRAND— (1,200) (25c-40c), 4th week. Gross: $2,750. (Average. "Renegade Ranger" (RKO) (3 days) "Night Hawk" (Republic) (2 days) "Mysterious Rider" (Para.) RKO FAMILY— (1.000) (15c-25c). $2,300. (Average, $2,450) "Service DeLuxe" (Univ.) KEITH'S— (1,500) (35c-42c), 7 days $2,800. (Average, $6,500) 7 da 7 days. , 7 days, $12,000) 7 days, $6,500) 7 days, $6,500) 7 days, $2,750) Gross : Gross : Pitt Droopy Except "Citadel" at $21,000 Pittsburgh, Nov. 22. — Business was spotty here last week with "The Cita- del" drawing heaviest, $21,200 for a neat surprise and giving it at least another week downtown at the War- ner. "Suez," playing a second week at the Alvin and "Drums" with the umpteenth Major Bowes unit to play here, at the Stanley held close to house averages. The Dionne Quin- tuplets film had a fair week at the Fulton but the Warner was way off with a mediocre double bill. Estimated takings for the week ending Nov. 17 : "The Citadel" (M-G-M) LOEW'S PENN— (3,440) (25c to 60c) 7 days. Gross: $21,200. (Average, $14,000) "Suez" (20th-Fox) HARRIS ALVIN— (2,200) (25c to 50c) 7 days. Second week. Gross: $7,200. (Av- erage, $7,500) "Five of a Kind" (20th-Fox) FULTON— (1,750) (25c to 40c) 6 days. Gross: $5,300. (Average, 6 days, $5,400) "Drums" (U. A.) STANLEY— (3,750) (25c to 60c) 7 days. Major Bowes Unit on stage. Gross: $14,- 000. (Average, $15,800) "Vacation From Love" (M-G-M) "Girls on Probation" (W. B.) WARNER— (2,350) (25c to 40c) 7 days. Gross: $3,250. (Average, $4,000) Davis-Col. Appeal Set Argument of an appeal by Colum- bia Pictures was set for Jan. 3 by the Appellate Division of the New York Supreme Court in the stock- holder suit brought by Betty Davis. At the same time Columbia's time to answer the complaint was ex- tended until after the determina- tion of the appeal. Columbia's con- tention that the complaint was defec- tive was overruled by Justice Charles B. McLaughlin last spring. Gypsy Lee and "Service" Top Loop, $24,400 Chicago, Nov. 22. — Gypsy Rose Lee plus "Service Deluxe" topped the Loop with $24,400 at the Palace. "Suez" in a second week at the Chi- cago did an excellent $33,000. Cold weather, the first of the year, had some effect on business. Other attractions that did fairly well were "Broadway Musketeers" at the State- Lake and "Citadel" at the United Artists. Estimated takings for the week end- ing Nov. 15-19: "The Sisters" (W.B.) APOLLO— (1,400) (35c-55c-65c) 7 days. Gross: $6,000. (Average, $6,500) "Suez" (20th-Fox) CHICAGO— (4,000) (35c-55c-75c) 7 days, 2nd week. Stage: Frankie Masters and Band. Gross: $33,000. (Average, $32,000) "Service De Luxe" (Univ.) PALACE— (2,500) (35c-55c-75c) 7 days. Stage: Gypsy Rose Lee and Revue. Gross: $24,000. (Average. $19,000) "Broadway Musketeers" (W. B.) STATE-LAKE— (2,776) (20c-30c-40c) 7 days. Stage: Verne Buck and Revue. Gross: $12,800. (Average, $13,000) "Dark Rapture" (Univ.) "Time Out For Murder" (20th-Fox) GARRICK— (900) (30c-40c-50c) 7 days. Gross: $5,500. (Average, $6,500) "Brother Rat" (W. B.) ROOSEVELT— (1,300) (35c-55c-75c) 7 days, 2nd week. Gross: $9,600. (Average, $11,000) "Citadel" (M-G-M) UNITED' ARTISTS— (1,700) (35c-55c-75c) 7 days, 2nd week. Gross: $12,400. (Aver- age, $15,000) Wash. Strong with "King" at $16,800 'Traveler' $19,200 Washington, Nov. 22. — "If I Were King" at Loew's Palace re- turned the highest gross of the week, $16,800. Stage appearance of Ted Lewis helped lift "Arkansas Traveler" into the profit class at Warners' Earle. "Brother Rat" and "Stablemates" also showed well in the second week. Estimated takings for the week end- ing Nov. 17 : "Submarine Patrol" (20th-Fox) LOEW'S CAPITOL— (3,434) (25c-65c) 7 days. Stage: All Star Revue. Gross: $12,- 500. (Average, $16,500) "Stablemates" (M-G-M) LOEW'S COLUMBIA— (1.243) (25c-40c) 2nd week, 7 days. Gross: $5,600. (Aver- age. $4,200) "If I Were King" (Para.) LOEW'S PALACE— (2,370) (25c-55c) 7 days. Gross: $16,800. (Average, $11,500) "Mad Miss Manton" (RKO) RKO-KEITH'S— (1,836) (25c-40c) 7 days. Gross: $6,000. (Average. $10,000) "Arkansas Traveler" (Para.) WARNER'S EARLE— (2,218) (25c-66c) 7 days. Stage: Ted Lewis and Eddie Leonard. Gross: $19,265. (Average. $16,000) "Brother Rat" (W. B.) WARNERS' METROPOLITAN— (1,591) (25c-40c) 2nd week, 7 davs. Gross: $6,395. (Average, $4,000) Reels on Quiz Closing Entrants in the Movie Quiz contest will receive final warning of the Dec. 31 closing date via the newsreels. In their forthcoming issues, the reels will announce the date and advise partici- pants where to send the answers. Similar cooperation was obtained from the reels at the opening of the con- test. CLOSE-UP OF YOUR PATRONS! The Latest and Greatest of Them The happy Hardy Family... in their newest adventure! When Andy tries to make the Wild West wilder.. .when Marion tries to lasso a buckin' cowboy into love's corral... when the judge outsmarts six-shootin' justice... the whole world opens its heart to fun, excitement, heart-throbs! OKAY, AMERICA! HERE'S THE PICTURE YOU'VE BEEN WAITING FOR OUT WEST HARDYS Screen Play by Kay Van Riper, Agnes Christine Johnston and William Ludwig Directed by George B. Seitz A Metro-Goldwyn-Mayer Picture VIRGINIA WEIDLER THOSE FOLKS ARE HERE AGAIN. ..AND EVEN FUNNIER THAN IN "LOVE FINDS ANDY HARDY"! LEFT: Newspaper ad !! HOW TO CASH IN ON THE GREATEST HARDY PICTURE! j| With overflowing heart you'll agree that "Out West With The Hardys" is positively the best of all this amazing series! I! There was roaring laughter, there were cheers — and tears — when it was screened in M-G-M's projection room, and you'll react likewise when you screen it! Never was a picture sitting prettier for smashing business! The millions who literally adored "Love Finds Andy Hardy" are waiting for the new Hardy picture as no previous attraction was ever awaited! SHOUT the news from your screen, from your lobby, from the pages of your newspapers! DON'T LOSE ONE single opportunity to tease it along from this moment to your play-date! BOOK it for extra time immediately, because you'll have to hold it over! INCREASE your ad space to sock it over! EXPLOIT it as you've never exploited before! THE FRIENDLY COMPANY brings you the friendliest picture ever to come to the screens of America -OUT WEST WITH THE HARDYS" ! MOTION PICTURE DAILY 6 RKO Seen Out Of 77B by End Of This Year (.Continued from page 1) matter meant approval of the plan. The court declared that if the plan was found to be fair, he would look upon the technical aspects of the situation broadly, in order to get the company out of 77B before the end of the year. The judge further stated that he had started reading the voluminous briefs which had been filed in this case by numerous lawyers on Monday. Yesterday once again the RKO hearing was consumed mainly in dis- cussing the opinions of opposition lawyers, such as John S. Stover, at- torney for Ernest W. Stirn, holder of 1,234 shares of original Class "A" stock of RKO, which stock had never been converted by Stirn, even though it had been called in by the company. Stover argued along his usual lines as for the past several months. It was his expression of opinion that only his client and none of the stockholders or debenture holders had filed a sworn proof of claim. Upon such allegations he based his argument that the con- sents to the plan were not valid. Col. Hamilton C. Rickaby of Simp- son, Thacher & Bartlett, counsel for the proponents of the plan, answered Stover to the effect that it was not necessary for the stockholders to file proofs of claim, and that the debenture holders had filed proofs of claim through the debenture trustee. How- ever, Judge Bondy in his argu- ment indicated that in the event he found no proofs of claim had been filed he would issue an order permit- ting them to do so at this time. It was then pointed out that such an order might require new consents to the plan and thus mean additional de- lay to the reorganization of the com- pany, whereupon Judge Bondy indi- cated his hope that the filing of new consents would be avoided. Stover's allegations in court that Atlas, RCA and associates were selling their RKO stock, was refuted and denied on be- half of the parties by Rickaby. May Regulate 16 MM. Showings in Ontario Toronto, Nov. 22. — The newly re- organized Film Section of the Toronto Board of Trade has taken under ad- visement several proposals for regula- tions to govern the exhibition of 16 mm. films in rural halls of Ontario, a draft of which will be submitted to the Provincial Government for consid- eration at the approaching session of the legislature. Chairman of the Film Section is T. J. Bragg, secretary-treasurer of Fa- mous Players Canadian Corp., and vice-chairman is Louis Rosenfeld of Columbia Pictures of Canada, Ltd. Senator to Open Today Pittsburgh, Nov. 22. — The new Senator, latest in the Harris circuit, will open tomorrow night. The open- ing attractions will be John Boles in person and "Service De Luxe" on the screen. Ken Hoel has been named manager and Jerry Mayhall musical director. Abbott Play Tonight George Abbott's latest, "The Boys from Syracuse," opens tonight at the Alvin. Musical by Richard Rodgers and Lorenz Hart, it is based on Shakespeare's "The Com- edy of Errors." Costuming will be done in the tradition- al manner, but the dialogue is modern. The cast is headed by Jimmy Savo, Wynn Murray, Eddie Albert, Mu- riel Angelus, Teddy Hart, Marcy Wescott and Ronald Graham. Tomorrow, the Group The- atre will present "Rocket to the Moon," by Clifford Odets. It is reported to be Odets' first effort with romance as the principal theme. The cast includes Morris Carnov- sky, Eleanor Lynn, Luther Adler, Sanford Meisner, Leif Erikson and others. Gillespie to Handle Sousa Film Rights (Continued from page 1) Forever," as a suggestion for screen use, that being the title of his most famous composition. In all, Sousa wrote more than 150 marches, and composed six operas and numerous suites. After leaving the Marines, where for years he was Bandmaster of the U. S. Marine Band, Sousa toured this country and Europe with his own group, and climaxed his career with a trip around the world. Schlaifer Discusses Releases with B & K Chicago, Nov. 22. — Jack Schlaifer, western division sales manager for United Artists, is conferring with Balaban & Katz executives here on the release of U. A. product in Loop houses. Details on the showing of "The Young in Heart" are being worked out. Loew's Plays Santa Loew's Brooklyn Theatres are again sponsoring the arrival of Santa Claus at Floyd Bennett Airport, which will take place tomorrow for the benefit of the borough's youngsters. Loew's Cadet Band and other entertainers will be on hand. There will be a parade through Brooklyn to Loew's Metro- politan. Signing of reciprocal trade treaties among Great Britain, Canada and the United States is the chief subject cov- ered in the new issues of the news- reels, out yesterday. Highlights of re- cent football games comprise the sports materials. The reels and their contents follow : MOVIETONE NEWS — Trade pact signed. U. S. subsidizes Dollar Line. Spanish insurgents recapture Ebro River area. Racing fashions. San Jacinto tun- nel completed. Lew Lehr on ice skates. Football games. Industry Backs the Federation Drive; Pledges $225,000 (Continued from page 1) that the artists' representatives group is- functioning. Meetings have also been set for early in December for the independent exhibitors, with William and Harry Brandt as chairmen; for the legitimate theatre group, headed by William Klein, Sam Forrest, Harry Goetz and Marcus Heiman ; the independent producers, headed by Budd Rogers; and music publishers and composers, under the chairman- ship of Louis Bernstein and Irving- Caesar. David M. Bernstein and Albert Warner, co-chairmen of the amuse- ment division, concurred that yester- day's gathering was "the largest and most enthusiastic meeting ever held by the group." Speakers in addition to the chair- men were License Commissioner Paul Moss and Paul Felix Warburg, chair- man of the Business Men's Council, permanent fund-raising organization, with which the amusement committee is affiliated. Warner Cites Attendance Major Warner said: "The attend- ance here today proves that theatrical and motion picture men have a real feeling for the community of which they are a part and wish to take their rightful place along with all the other groups working for the support of our basic communal institutions." Among those at the meeting were: Martin Quigley, Jack Alicoate, Bar- ney Balaban, Nate J. Blumberg, Jules Brulatour, Leopold Friedman, Arthur Israel, Jr., Alan Freedman, Jules Levy, B. S. Moss, Louis Nizer, Oscar A. Doob, Eugene Picker, Aubrey and Marvin Schenck, Fredric Ullman, Jr., Fred J. Schwartz, Ed Rugoff, Wil- liam and Harry Brandt, M. A. Schles- inger, Louis Bernstein, Max B. Black- man, Leo Brecher, Irving Caesar, Sam Forrest, Herman B. Gluckman, Harry M. Goetz, Sam Hacker, Budd Lytton, William Klein, Jules Levey, Marcus Heiman, Jack Goetz, Samuel Rosen, Max Rudnick, Sam Sax, Max Seligman, Sam Strausberg, Sidney Piermont and Joseph Phillipson. Great States-G. N. Deal Chicago, Nov. 22.— Great States circuit has bought all Grand National product for showing in the downstate theatres, according to James Winn, G. N. district manager here. NEWS OF THE DAY— Sir Ronald Lind- say and Cordell Hull discuss trade pact. Armistice Day observed overseas. Skiing exhibition. Ice skating. Football games. PARAMOUNT NEWS— Trade treaties signed. British Royalty observes Armistice Day. Football games. RKO' PATHE NEWS— Japs take Can- ton. Trade pact signed. Thirteen -mile aqueduct completed. U. S. subsizes Dollar Line. Football games. UNIVERSAL NEWSREEL— Britain and Canada in pact with U. S. Refugees leave Hankow. San Jacinto tunnel completed. Football games. Wednesday, November 23, 1938 Bernerd With GN; Warner Sells His F. A. (Continued from page 1) Gaumont British distributing and of Gaumont News, in London. £lV Hammons did not divulge the amount of money involved in the sale of Fine Arts or the personnel of the new producing company. Warner came east last week seeking greater administrative authority in G. N. since his company was to supply 26, or the bulk, of the schedule of 44 features G. N. has announced for the season. Warner offered to buy a half or sub- stantial interest in G. N. After con- siderable discussion, Hammons made him a counter offer. Hammons said that the new com- pany has agreed "to take over all the terms and conditions incorporated in the Fine Arts' contract" giving the distributing company "positive assur- ance that it will receive all the prod- uct which Fine Arts agreed to de- liver." G. N. will continue to distribute three Fine Arts' pictures, "Shadows Over Shanghai," "Cipher Bureau" and "Frontier Scout" and will also re- lease "The Long Shot,' now being edited. Broadway Grosses In General Slump (Continued from page 1) business is not so strong. Stage shows are drawing trade but the straight film houses are sagging. The whole main stem, practically, is holding over and for the big tops the only new film is "Sixty Glorious Years," which is British, and doing very mildly at the Music Hall. "Submarine Patrol" is good under the circumstances and above normal. It is concluding its first four days at $34,000 or thereabouts at the Roxy. "Arkansas Traveler" has been held over for a second week after finishing its first with an estimated $38,000. The 14th week of "Marie Antoin- ette" drew an estimated $4,800 and is expected to close Sunday. Second week of "Gangster's Boy" at the Globe drew a reported $6,000, and "Tar- nished Angel" was estimated at $6,000 at the Rialto. On Thursday, "The Great Waltz" will open at the Capitol after three weeks for "The Citadel." "The Cow- boy and the Lady" starts at the Music Hall on the same day. A three- week run at the Strand for "Brother Rat" will be followed by "Angels With Dirty Faces." "Listen Darling" is next at the Criterion. Foreign language films are doing well along Broadway. "Ballerina" was said to have set a house record at the Carnegie in its first week and will continue there as long as business holds. "Grand Illusion" at the Fil- marte, "The Story of a Cheat" at the Fifth Av. Playhouse, "The Singing Blacksmith" at the Continental, and "Professor Mamlock" at the Cameo, are all in extended runs. The Newsreel Parade Wednesday, November 23, 1938 MOTION PICTURE DAILY Production Holds Lively Pace With 42 Before Cameras Hollywood, Nov. 22. — Forty-two pictures were before the cameras this week, three less than last week's total, as eight started and 11 finished. Twen- ty jj^o are being prepared and 75 are b' " edited. Started were : "Racketeers," Colum- *bia; "Tripper Pals," Cinemart-Grand National ; "Wild Horse Trail" and "Tough Kid," Monogram , "Mid- night," Paramount; "Fighting Thor- oughbreds," Republic ; "Juarez," "Broadway Cavalier," Warners. In addition to these shooting are: "Ice Follies," "Wizard of Oz," "The Awakening of Katrina," "Idiot's De- light," "I Take This Woman," "Hono- lulu," "Burn 'Em Up O'Connor," M-G-M ; "Cafe Society," "Never Say Die," "Persons in Hiding," "Union Pacific," "Hotel Imperial," "Bulldog Drummond's Secret Police," Para- mount ; "Fisherman's Wharf," Prin- cipal-RKO ; "It's Spring Again," Roach; "Tail Spin," "The Little Princess," "Charlie Chan in Hono- lulu," "Wife, Husband and Friend" and "Dangerous Cargo," 20th Cen- tury-Fox ; "Newsboy's Home" and "The Son of Frankenstein," Uni- versal ; "Stage Coach," W anger ; "Dark Victory," "Oklahoma Kid," "Yes, My Darling Daughter," "Al- ways Leave Them Laughin," "Nancy Drew," "Reporter," "Dodge City," Warners. Those finished were: "Rio Grande Roundup," Columbia ; "Exile Ex- press," Coronado-Grand National ; "Parents on Probation," Paramount ; "White Slaves" and "Pacific Liner," RKO ; "Federal Man Hunt" and "Shine On, Harvest Moon," Republic ; "Swing, Sister, Swing," "The Phan- tom Stage," Universal ; "The Adven- tures of Jane Arden," Warners. Columbia and M-G-M each started one short subject. M-G-M is prepar- ing three, and 13 are in the cutting rooms. UA Hires 23 Special Exploiters on Films (Continued from page 1) Nashville; Joe Longo, Providence; Ed Healy, Rochester; Floyd Scott, Syracuse ; Max Abramson, Dayton ; Art Catlin, Columbus ; Steve Edwards, Akron ; Ben Cohen, Toledo ; Frank Moneyhun, Indianapolis ; Ed Bellew, Louisville; W. P. Bernfield, Kansas City; Bob Wood, New Orleans; Wil- liam Doll, Reading and Harrisburg; Lee Kugel, Wilmington; Ed Gallner, Baltimore ; Jesse Long, Albany ; E. M. Milburn, Richmond and Norfolk; Ed Wallach, Stamford; Ed Fisher, Cleveland; Ben Hill, Houston: Sam Siegel, Seattle. Handling "The Cow- boy and the Lady" are Shep Henkin, Hartford and New Haven, and Siegel, Hill and Fisher. Set McCord Trial Dec. 27 Federal Judge John M. Woolsey has set Dec. 27 as the date for trial of the $50,000 plagiarism suit brought by Charles McCord against 20th Cen- tury-Fox, Robbins Music Corp., Harry Revel and Mack Gordon. McCord alleges that his song was infringed in the film, 'Stowaway." Mrs. Bill Robinson Model for Charity Cincinnati, Nov. 22— Mrs. Bill Robinson, wife of the tap dancer, will model in the fashion show to be sponsored by the Zeta Phi Beta Soror- ity at Hughes High School here Friday. Proceeds will be contributed to scholarships at the University of Cincin- nati for Negro girls. Monopoly Group To Study Court's G. T. P. Decision Washington, Nov. 22. — Attention of the Administration Monopoly Com- mittee has been called to yesterday's Supreme Court decision in the gen- eral Talking Pictures case, with the suggestion that it may offer the basis for an investigation of the extent to which restricted licenses are used for monopolistic purposes, it was learned here today. The court's decision, holding that company had infringed a patent in us- ing, in sound equipment, amplifiers re- stricted to radio reception and that the amplifier manufacturer had also in- fringed by producing for uses outside his license, is understood to have con- vinced Justice Department officials the only solution for patent monopoly lies in legislation. The decision came down at a most opportune time, observers here pointed out, since the monopoly committee, which begins its hearings Dec. 1, is expected to take up the patent pool situation as the first subject of in- vestigation. Patents involved in the General Talking Pictures case are in- cluded in the socalled radio patent pool. Navy's Film Rental This Year $320,000 Washington, Nov. 22. — Total cost of the Navy's film service during the fiscal year ended June 30, last, was $320,000, of which $85,000 was pro- vided by funds appropriated by Con- gress and the balance obtained from profits from ship's stores and contribu- tions from ships and stations, it was disclosed today by Rear Admiral James O. Richardson, chief of the Bu- reau of Navigation, in his annual re- port to Secretary of the Navy Claude A. Swanson. "A free motion picture show, either in the open air aboard ship or in the auditorium of naval stations, has be- come a nightly feature in Navy life," the rear admiral commented. "For this purpose two prints of more than 300 entertainment motion picture programs are leased annually from commercial producers. These prints are circulated to the various ships and shore sta- tions for exhibition and then returned to the producers." Mrs. Reid Story Head Hollywood. Nov. 22. — Dorothy Reid has been appointed as head of the story department of Monogram, replacing Arthur Fitz-Richards, re- signed. SING OUT THE NEWS STARS OF STAGE SCREEN RADIO WILL BE ON HAND FOR THE 1 8th ANNUAL CHARITY DINNER AND DANCE of THE MOTION PICTURE ASSOCIATES, Inc. at THE HOTEL ASTOR Saturday Night, November 26th GRAND BALLROOM, 10:30 P.M. Reservations Qoing Fast! Call M. Fraum — Columbia Exchange Circle 6-0900 TICKETS $7.50 per person Entertainment under personal supervision of BEN A. BOYAR (Co-Producer) "NIGHT OF STARS" Music by HERBERT STEINER AND HIS BAND RADIO MOTION PICTURE DAILY Wednesday, November 23, 1938 Metropolitan Considering Return to Air Insurance Firm Was Off Air Several Years Metropolitan Insurance Co., one of the largest business houses in the world, may take to the air. The firm auditioned for an hour yesterday on a show which combined drama with music. The presentation was prepared by Young & Rubicam agency. From the agency it was learned that if Metropolitan signs it may be for 26 weeks, but the radio circuit on which it would show is not determined yet, although the audition was at NBC. Met has been the prospect of al- most every large agency in the busi- ness for radio. It was one of the early users of radio but withdrew from the air long ago and whether Young & Rubicam can really lure Metropoli- tan back to the air where others have not succeeded remains to be seen. Cormier Steps Out From Hearst Radio As of December 5 Al Cormier, vice-president of Hearst Radio, Inc., and general mana- ger of WINS, New York, yesterday resigned both positions, effective with the termination of his contract on Dec. 5. Cormier, a veteran broadcasting ex- ecutive, joined the Hearst group sev- eral years ago, replacing Bert Squires. Recently Hearst decided to liquidate his radio interests, putting most of his stations on the open market. Several were sold, including WINS, which went to Milton Biow. Renew Lum-Abner, Margaret McBride General Foods yesterday renewed for long term periods two of its cur- rent programs on CBS. "Lum 'n' Abner," broadcasting Mondays, Wednesdays and Fridays from 7:15 to 7:30 P. M. have had their contract extended for 52 weeks, effective at the close of this year. Mary Margaret McBride, whose radio commentaries are heard the same days as above, from 12 noon to 12:15 P. M., has been renewed for a full year also. Both programs are handled by Young & Rubicam. Collins in CBS Series Ray Collins will be starred in a new dramatic series on CBS starting Nov. 28. The series, to be heard as a sustainer, will be broadcast Mondays through Fridays from 7 to 7:15 P. M. It will be titled "County Seat." Orson Welles will appear in the first pres- entation as a guest performer. Mil- ton Geiger is author of the series, Norman Corwin will direct. Stork Reports Indianapolis, Nov. 22. — Births in Indianapolis hos- pitals now are reported daily over WIRE, with a back- ground of lullaby music. Banquet Milk Co. of this city is the sponsor. Royal Says N.B.C. Controls Writers For Its Protection (Continued from page 1) refuse any program, sustaining or commercial. Questioned regarding the division of features between the Red and Blue networks, Royal explained they are competitive and each tries to take listeners from the other as well as from rival chain stations. For this reason, Royal pointed out, NBC is constantly striving to see that their programs are different from those of other webs, both in and outside of NBC, at the same air times. Dempsey attacked the tendency of the networks to incorporate advertis- ing in the entertainment parts of the commercial programs, and suggested that entire programs are now more or less full of advertising throughout Royal refused to admit such was the case, and asserted if advertising can be made more entertaining it is not objectionable. Earlier in the hearing, O. B. Han- son, vice president and chief engineer of NBC, testified that the advent of sound motion pictures nearly ruined the broadcasting industry. Outlining the development of broadcasting from its earliest to its present stage, Han- son disclosed that improvement of broadcasting equipment had an influ- ence on silent films at a time when talking pictures were being pioneered, and that the introduction of sound in films had immediate repercussions in radio. With Hollywood clamoring for sound equipment and personnel trained in sound, he said NBC lost 50 per cent of its engineering staff to Holly- wood. This "raid" almost wrecked NBC operations, he testified. Ted Collins Obtains "Torchy" Air Rights Ted Collins Corp. has obtained ex- clusive radio rights to the "Torchy Blaine" series, and is offering the show as a half-hour program with Glenda Farrell, Barton MacLane and Tom Kennedy in the leads. The same players appear in the screen series of "Torchy Blaine" pictures. Additionally, Collins is offering agency buyers a five-time-a-week, 15- minute dramatic series titled "My Son and I," and another feature titled "The Stone Family," with Fred, Paula and Dorothy Stone. Abbott, Aldrich Renewed Abbott and Costello, and the Aid- rich Family, both units currently fea- tured in the Kate Smith programs, were renewed for 13 additional weeks on the program by Ted Collins Corp. Herb Yates to Star Autry on Republic Show CBS Will Carry Film Company Program Hollywood, Nov. 22. — Gene Autry today signed with Republic Pictures for a starring role in the studio's radio program. CBS will carry the half- hour show which will be known as "Under Western Stars," it has been definitely decided. Autry will replace Roy Rogers, who was originally slated for the spot. H. J. Yates, president of Republic, closed for his firm. Salary dispute delayed the contract for a time, but a compromise was reached. It is understood that a major inducement to Autry was the assur- ance that Smiley Burnette would con- tinue in a supporting role in all future film vehicles, and would be given a part in the air show. Bill Lawrence, CBS producer, is handling the show with Beverly Bar- nett of the studio. The cast will in- clude Mary Hart, Max Terhune and Elmer, a ventriloquist's dummy. First of the guest stars will be Beverly Rob- erts. Although Yates is undecided about accepting commercial sponsor- ship, the show is now being waxed for presentation to possible sponsors. Gulf Oil Finally Set to Buy SAG's Network Program Hollywood, Nov. 22.— Kenneth Thomson, executive secretary of the Screen Actors' Guild declared today that a deal for a transcontinental radio show series, in which S. A. G. mem- bers would participate, would be signed this week with the Guild supply- ing the talent, Gulf Oil Co. sponsor- ing. Young & Rubicam will act for Gulf. Music Corp. of America will represent the S. A. G. The deal has been in negotiation for weeks and will present a huge ar- ray of film stars and featured players in a series of weekly programs. Money paid by the sponsor and agency is to be turned over to Motion Picture Re- lief Fund, an industry charitable or- ganization for needy show folk. The Guild will have no part in the actual handling of such funds. CBS Adding Power to Short-Wave Stations Improvements to make it possible for CBS to broadcast simultaneously toward Europe and South America are now being installed by CBS for its international stations. W3XAU, operated by WCAU, CBS affiliate in Philadelphia, at present operating with a non-directional antenna, is being equipped with two new directional an- tennae, and when this operation is completed the station will cooperate with the CBS international station in New York, W2XE, with the broad- casts beamed simultaneously toward Europe and Latin America. Your choice of 7 equipments ranging in price from $ 1 07 5.00 to $3600.00— all available on convenient terms. Onh RCA PH0T0PH0NE does the Whole Job! Recording . . . Ultra- Violet Sound for Major Hollywood Studios. Reproduction . . . Magic Voice of the Screen with Rotary Stabilizer for theatres. Service . . . The most efficient and complete theatre sound service— at the lowest cost. Research and Development. ..RCA's research and engineering in all fields of sound enables it to pioneer the movie industry's greatest ad- vances in both recording and reproduction. Permanence ... As in the past, RCA Photo- phone will continue its intensive research and engineering and its progressive policies in be- half of the motion picture industry. RCA presents the Magic Key every Sunday, 2 to 3 p.m., E.S. T., on the NBC Blue Network Better sound means better Box Office . . . and RCA Tubes mean better sound RCA Photophone's Service Organization has a low- cost theatre service plan you'll be interested in! Only the Magic Voice of the Screen offers you all these advantages Rotary Stabilizer • Cellular Speakers Simple Operation ■ Economical Opera- tion • Push-Pull Adaptability • High Fidelity Reproduction • Simple Installa- tion • Accessibility ■ Easy Payment Plan Nationwide Service Organization THE MAGIC VOICE OF THE SCREEN RCA Mfg. Co., Inc. ■ Camden, N. J. A Service of the Radio Corp. of America Alert, ition Picture Industry r MOTION PICTURE DAILY First in 44. NO. 103 NEW YORK, FRIDAY, NOVEMBER 25, 1938 TEN CENTS Korda Due in This Country On Dec. 8th UA Stockholder Meeting May Be Held Then London, Nov. 24. — Alexander Kor- da will arrive in America, Dec. 8, and perhaps at that time United Artists, in which Korda is a stockholder, will hold its annual shareholders' meeting. Korda, of course, will go to Holly- wood. He would likp to make a film in the States, but his first job is to meet U.A.'s British film requirements. It is understood that Korda also might try Paris for production, but the same conditions as concerns U.A. necessarily apply. There have been circulating ac- counts that Korda has had discussion (Continued on page 10) Holders Buy Coast Lab on $70,000 Bid Hollywood, Nov. 24. — Original stockholders of International Cinema, Inc., independent laboratory, forming a new corporation, Cinema Labora- tories, Inc., yesterday purchased for $70,000 the physical assets of the lab- oratory at a bankruptcy sale, in order to save their original investment. The deal must be consummated in 30 days. Creditors' claims will be paid on the basis of 30 per cent cash and 40 per cent in preferred stock in the new corporation, with the orig- inal stockholders holding all com- (Continued on page 10) No Work Stoppage San Francisco, Nov. 24. — Stoppage of work under any condition is prohibited in working agreements in effect between the musicians' union. Local No. 6, and the 1939 San Francisco World's Fair. Working provisions and pay rates are also included. Censor Row Flares In Parliament on Para. Reel Fight London, Nov. 24. — Following a barrage of questions to Prime Minis- ter Chamberlain in the House of Com- mons yesterday on newsreel censor- ship, a member of Parliament threat- ened to raise the whole question of Government censorship for early Commons debate. In answer, Sir John Simon admitted the Government considered certain material in a Paramount News issue on the recent war crisis prejudicial, and that Paramount cut the reel after the Hays organization representatives here had been approached by U. S. Ambassador Joseph P. Kennedy. Sir John defended the action as in the public interest and expressed gratitude to the Ambassador. Paramount home office executives said the deletion from the company's British reel referred to in the discus- sion in Parliament consisted of inter- views with British writers and news- papermen, in some of which Prime Minister Chamberlain's foreign policy at the time of the European crisis was criticized. They said that the deletion (Continued on page 10) US Suit, Patent Probe May Halt Anti-Film Legislation Washington, Nov. 24. — Prospect of an investigation of the motion pic- ture patent situation by the Admin- istration monopoly committee and the existence of the Government anti-trust suit against the industry are seen here as putting the quietus on restrictive film legislation in the coming session of Congress. Most measures which have been pressed actively in past sessions of Congress dealt with block booking and other matters which are current- ly involved in the anti-trust suit. Members of Congress, moreover, ex- pressed the view here recently that no attempts will be made to push such legislation pending a possible settle- ment of the Government suit. Broadening of the patent law to pre- vent monopoly through patent own- ership, which was also sought at the last session, is likewise expected to be held in abeyance until the monop- oly committee has had an opportunity to investigate and report on the pat- ent situation in the industry. That such an investigation will be under- taken is viewed here as virtually cer- tain because of the U. S. Supreme Court's recent decision in the General Talking Pictures case. FILMDOM RALLIES TO AID REFUGEES Sales Chiefs Gather Today On Pact Draft Sales managers of all major com- panies will meet with company law- yers today to go over a draft of the distributors' trade practice proposals which will be submitted to exhibitor groups. The meeting was called by William F. Rodgers of M-G-M. A committee of company counsel has been working on a draft of the pro- posals for about two weeks. A few points remain to be ironed out and it is expected that the program, from a distributors' standpoint, will be ready in about a week for presenta- tion to the exhibitors. The final draft is to be submitted to the M.P.T.O.A. executive commit- tee at a meeting called here for Dec. 8 and 9. This conference may be held earlier, if the sales managers and the lawyers come to an agreement in time. Briggs and Young Seeking Pathe Lab Pathe's Bound Brook laboratory will be acquired by O. Henry Briggs, Pathe president ; T. P. Loach, vice- president, and Arthur Miller, lab su- perintendent, in association with Rob- ert R. Young, if their offer of $540,- 000 in 25-year debentures is accepted by Pathe stockholders under the com- pany's liquidation plan to be voted on Dec. 13. The completed plan was mailed to Pathe stockholders over the holiday. Pathe's assets to be liquidated, in addition to the laboratory and 3,500 shares of du Pont Film Mfg. stock, include $248,800 of RKO notes, having a market value of about $130,000, and (Continued on page 1.0) Blumberg Off Today On Visit to Studio Nate J. Blumberg and Mrs. Blum- berg will leave for the coast by train today for a visit of several weeks at the Universal studio. The trip is Blumberg's first in recent months and will be primarily for discussions on new product. Hoblitzelle-O'Donnell Give Day's Gross In 137 Houses to Karl Hoblitzelle, R. J. O'Donnell and John Moroney, and their Texas Interstate Circuit, of the southwest, will donate one day's gross receipts in 137 theatres to the cause of Ger- man refugee relief. This is how show business is rallying to the cause of the oppressed abroad. The Texas gesture is the greatest to be made by any single private group. However, in show business, the Hoblitzelle-O'Donnell-Moroney group is not alone. This is the traditional spirit of show business to help the distressed and needy regardless of race or creed. Special showings for the humani- tarian cause of the German refugees are being held everywhere in the country. The Texas Interstate event will cover two days, Dec. 7 and 8, and in- clude the circuit's houses in Texas and New Mexico. Film companies' have agreed to cooperate with special pro- grams. There will be "minute men" speakers at all performances to describe the horror of the German situation and (Continued on page 10) U. S. Supplying 60% Of Films to Greece Washington, Nov. 24. — Im- portance of the commercial agreement with Greece an- nounced yesterday by the State Department was em- phasized today in a report from the commercial attache in Athens to the Commerce Department that 60 per cent of the films shown in Greece are of American origin. The report stated that 187 of 315 features in Greece during the 1937-'38 season were American, although in- cluding films dubbed or pro- duced in European studios of American companies. While American pictures accounted for more than half those shown in Greece, it was said, there was a decline as compared with the previous year, due partly to improve- ment in French production and partly to the failure of many American films to prove profitable. 2 MOTION PICTURE DAILY Friday, November 25, 1938 Hollywood Preview "Little Tough Guys in Society9* (Universal) Hollywood, Nov. 24. — This is a rollicking, rib-tickling- use of the Universal sextette of juvenile roughnecks good for just about any time and place. Although given the bulk of the footage and made the center of interest most of the way, the kids are by no means forced to carry the burden of entertainment. The adult cast contains such first flight performers as Mischa Auer, Edward Everett Horton, Mary Boland, Harold Huber and the rapidly growing Jackie Searl. There isn't a quiet or dull moment in the picture. The screenplay by Edward Eliscu and Mortimer Offner is a sounder work than commonly concocted for films featuring gangster-ish juveniles, and averts, without weakening performances, the common danger of presenting adolescent viciousness attractively. The kids are introduced as tough youngsters transported from New York's East Side to the country estate of a wealthy matron whose over-privileged son needs stimulation. They give it to him, plentifully, and derive from their new surroundings a wholesome and proper sense of values. Serious as it sounds in synopsis, the story is 98 per cent humorous as pre- sented. Erie C. Kenton, who directed for associate producer Max H. Golden, extracted full laugh value from the ruffianly behavior of the junior principals without sacrificing in any degree the genuinely smart dialogue and effective character portrayals of the principals. Auer as a psychoanalist, Horton as a butler and Miss Boland as a fluttery matron are a priceless trio. Running time, 70 minutes. "G."* Roscoe Williams "Peek's Bad Boy with the Circus'' (Principal-RKO) Hollywood, Nov. 24. — Appealing to adults as well as children, "Peck's Bad Boy with the Circus," produced by Sol Lesser's Principal Productions for RKO release, is a story of American boyhood based on the lovable, mischievous character created by novelist G. W. Peck. The picture is rich in comedy, being a series of incidents out of which a maximum of laughs is drawn. Tommy Kelly, whose first appearance on the screen was in the title role of "The Adventures of Tom Sawyer," and Ann Gillis, who appeared as "Becky" in that picture, are the leads in "Peck's Bad Boy with the Circus," the former playing "Bill Peck" and the latter a performer in a circus which visits "Bill Peck's" town. Supporting the youthful pair, who carry their roles well, is a group of dependable performers consisting of Edgar Kennedy, Benita Hume, Spanky MacFarland, Billy Gilbert, Grant Mitchell, Nana Bryant, Wil- liam Demarest, Wade Boteler, Harry Stuffs, Fay Helm, Mickey Rent- schler and Louise Beavers. Edward F. Cline directed from the screen- play by Al Martin, David Boehm and Robert Neville, the latter also doing the adaptation. Leonard Fields was associate producer. Tommy, anxious to win for the third time the cross country race at a bovs' camp, delays his trip to the resort when a circus comes to town. At the circus he stumbles upon jealousy in the ranks of the performers, but saves the show for Miss Gillis, who is hurt through a plot of an older rival. Then in a breakneck dash on a circus chariot, he arrives at the camp in time to enter and win the race. Running time, 68 minutes. "G."* Vance King *"G" denotes general audience classification. Short Subjects 'Hawk of the Wilderness* (Republic) First episode of this new 12-chapter serial contains much excitement and suspense. If the other chapters are as good this will be a business build- er for theatres which play such films. The plot is reminiscent of the old Tarzan stories. An explorer and his wife die in a storm at sea. Their baby son is rescued by an Indian servant. The boy grows up as a handsome den- izen of the wilderness, despising civ- ilization's ways. Meanwhile, a friend of his father receives a bottle washed ashore containing a message which sends him on an exploratory expedi- tion to the island where the boy lives. The ship's crew is a cutthroat mob who think the scientist is hunting treasure, and they want their share. There are other complications, includ- ing a volcano and savage Indians. Ro- mance is also indicated. Herman Brix is the boy, Jill Martin the girl and Monte Blue the Indian chief. Running time, first chapter, 29 mins. "G."* "Stranger Than Fiction" No. 56 (Universal) Assorted material presented include a privet hedge in the likeness of ani- mals ; a Mississippi Justice of the Peace who totes his office around on wheels; Swedish Thanksgiving serv- ices by the light of the midnight sun ; dolls sculptured from living models ; a sea-going church in Louisiana ; a two-legged sheep that gets around via wheel-chair ; a dog whose favorite sport is riding atop an auto. Running time, 9 mins. "G."* "Schubert's Unfinished Symphony" (Paramount) The Philharmonic Symphony Or- chestra of U. S. A. under the baton of Frederick Feher presents the pop- ular "Unfinished Symphony," by Franz Schubert. It is a worthy suc- cessor to "Tannhauser" which was first in this series of symphonic shorts. A thoroughly worthwhile subject which lends itself readily to exploita- tion. Should be liked wherever audi- ences enjoy classical music. Running time, 10 mins. "G."* "Pictorial P8-5" (Paramount) This "Pictorial" is made up of a camera study of 17-year locusts, a se- ries of color shots depicting Ameri- can scenes which should make good subjects for a painter's canvas, and four song hits of yesterday sung by the Eton Boys. The last item in- cludes "When You Were Sweet Six- teen," "Break the News to Mother," "The Curse of an Aching Heart" and "In the Good Old Summer Time." The songs should amuse. Running time, 9 mins. "G."* "Mechanix Illustrated" ( Vitaphone) Four of the latest developments in the mechanical field are portrayed in color. Extraction of vitamins, a tele- vision broadcast, working of the weather bureau, and the operation of the N. Y. Fire Department are in- cluded. This last sequence shows what happens from the first wisp of smoke to the conquest of the fire. An excit- ing ride on the hook-and-ladder through lower Broadway should pro- vide a thrill. Running time, 10 mins. "G."* "Disobedient Mouse" (Universal) Walter Lantz Cartune in which Baby-Face Mouse falls into the clutches of Rat Enemy No. 1, who proceeds to "learn" him how to be a crook. The pupil succeeds in calling the police, who find the "professor" knocked out. Baby-Face gets a re- ward and spanking for crossing the railroad tracks. Generally funny. Running time, 8 mins. "G."* "Music and Models" (Universal) Song and dance and a display of fashions are mingled to produce a pleasing film. The fashion angle is subdued, but present none the less, with a credit plug for a well known New York furrier. In effect, this is a sort of miniature tab revue, with turns including Jack Arthur, Carolyn Marsh, Six Debonairs, Roily and Verna Pickert, Theodore and De- nesha, Six Songbirds and Irene Ver- million & Co. Running time, 18 mins. "G."* *"G" designates general audience classification. Variety Club Kansas City Kansas City, Nov. 24. — Final ar- rangements are completed for the annual charity ball, sponsored by Film Row and Variety Club, which will be held tomorrow at Pla-Mor. Earl Jameson, general chairman ; Stanley Chambers, floor show Finton Jones, program; Sir' Lawler, publicity; Frank Hee- ler, table reservations, have done a good job, and the ball is expected to draw more than 1,500. The show will consist of acts and a band from the Fox Tower and Mat Betton's orchestra for dancing. Hostesses for the party are : Par- amount, Anne O'Toole; Republic, Dorothy O'Brien; Universal, Vir- ginia Gaylord; Warners, Mary Jones; Film Delivery, Nadine Mes- sakian ; Grand National, Mabel Fisk; Commonwealth, Opal Winter; United Artists, Minnie Schmiedgen ; M-G-M, Lenore Hering; 20th- Fox, Ann Richey; National Screen Serv- ice, Arda Mayer ; Columbia, Louise Williams ; KMTA, June Medcalf ; RKO, Marguerite O'Toole. Detroit Detroit, Nov. 24. — Instead of the usual luncheon meeting on Monday, the Variety Club will hold a testi- monial banquet honoring Henderson M. Richey, immediate past chief barker of Tent No. 5, celebrating his new association with RKO, where he is director of theatre relations on dis- tribution. Invitations have been issued to numerous film company executives, in- cluding all the top RKO officials, be- sides leading business men, newspaper men and sportsmen of Detroit. Pittsburgh Pittsburgh, Nov. 24. — Herbert J. Yates has sent his check for $500_ to start off the annual Milk Fund drive. Harry Kalmine has been reelected commander of the Variety American Legion Post. Ira Cohn, newly- elected chief barker, will be host at a beer party Dec. 13 before he leaves on a South American cruise. MOTION PICTURE DAILY (Registered U. S. Fatent Office) MARTIN QUIGLEY, Editor-in-Chief and Publisher; SAM SHAIN, Editor; JAMES A. CRON, Advertising Manager. Published daily except Saturday, Sunday and holidays by Quigley Publishing Com- pany, Inc., Martin Quigley, president; Colvin Brown, vice-president and treasurer. Publication office: 1270 Sixth Avenue at Rockefeller Center, New York. Telephone: Circle 7-3100. Cable addresss: "Quigpubco. New York." All contents copyrighted 1938 by Quigley Publishing Company, Inc. Address all correspondence to the New York office. Other Quigley publications : Motion Picture Herald, Better Theatres, Teatro al Dia, International Motion Picture Almanac and Fame. BUREAUS: — Hollywood: Postal Union Life Building, Vine and Yucca Sts.; Boone Mancall, manager; William R. Weaver, editor. Chicago: 624 S. Michigan Ave., C. B. O'Neill, manager. London: 4 Golden Square, W. 1: cable address, Quigpubco, London; Hope Williams, manager. Entered as second class matter Sept. 23, 1938, at the post office at New York, N. Y.. under the act of March 3, 1879. Subscription rates per year $6 in the Americas and $12 foreign. Single copie* 10c. rom y1 C M \3 on That bright, fresh slant of 20th again ! Hilarity in the hoosegow . . . where the "lifers" only stay in for the laughs . . . and it breaks their hearts to break out! "Should net a neat profit for exhibs!" chortles Daily Variety. "A rip-roaring comedy! One for showmen to shout about! ' —reports Motion Picture Daily // UP THE so funny it's practically ill 0 a nil 1 THE MERRIEST GALLERY OF ROGUES EVER TO ROCK THE BIG HOUSE! MtrC° ... Maunnc Music a by Af"^, by Maunne -;;-GarC ana Ha Directea »r , t ry by »*»."£'' s\dney Friday, November 25, 1938 MOTION PICTURE DAILY "Suez" Leader In Twin Cities With $13,300 Minneapolis, Nov. 24. — "Suez," -^h $8,300 at the State, was high ' 0sser for the week. "Stablemates" took $7,000 at the Orpheum and the new Gopher continued at a very satis- factory pace with "Youth Takes a Fling," getting $3,200 for 6 days. In St. Paul, "Suez" again led the procession, bringing $5,000 to the Paramount. Estimated takings for the week end- ing Nov. 17 : Minneapolis : "Son of the Legion" (Para.) "Swing That Cheer" (Univ.) ASTER— (900) (15c-25c) 6 days. Gross: $1,200. (Average, $1,500) "Four's a Crowd" (W. B.) CENTURY— (1.600) (25c-40c) 7 days. Gross: $4,000. (Average, $4,000) "Youth Takes a Fling" (Univ.) GOPHER— (1,000) (25c-40c) 6 days. Gross: S3.200. (Average, $3,000) "Stablemates" (M-G-M) ORPHEUM— (2,900) (25c-40c) 7 days. Gross: $7,000. (Average, $4,800) "Suez" (ZOth-Fox) STATE— (2,300) (25c-40c) 7 davs. Gross: S8.300. (Average, $4,400) "That Certain Age" (Univ.) WORLD— (400) (25c-55c) 7 days, 3rd week. Gross: $2,300. (Average, $1,600) St. Paul: "Straight, Place and Show" (ZOth-Fox) "Stablemates" (M-G-M) ORPHEUM— (2,000) (2Sc-40c) "Show," 5 days, "Mates," 2 days. Gross: $2,500. (Average, $3,200) "Suez" (20th-Fox) PARAMOUNT— (2,500) (25c-40c) 7 days. Gross: $5,000. (Average, $4,400) "Four's a Crowd" (W. B.) RIVIERA— (1,000) (25c) 7 days. Gross: $2,300. (Average, $2,400) "Last Express" (Univ.) "Adventure in Sahara" (Col.) TOWER— (1,000) (25c) 7 days. Gross: $1,900. (Average, $1,600) "Drums" (U. A.) WORLD— (400) (25c-35c) 7 days. Gross: SI. 100. (Average, $700) Kemp Band Boosts "Demon" K.C.Take Kansas City, Nov. 24. — Hal Kemp and "Road Demon" gave the Fox Tower $13,100. "Just Around the Corner" pulled $7,200 at the Esquire and Uptown ; $3,400 at the former, and $3,800 at the latter. "Gangster's Boy" made $4,800 at the Orpheum. Estimated takings for the week end- ing Nov. 15-17: "Just Around the Corner" (ZOth-Fox) ESQUIRE— (800) (25c-40c) 7 days. Gross: $3,400. (Average, $3,000) "just Around the Corner" (ZOth-Fox) UPTOWN— (2.000) (25c-40c) Gross: $3,800. (Average, $4,000) "There Goes My Heart" (U. A.) "The Little Adventuress" (Col.) MIDLAND— (4,000) (25c-40c) Gross: $9,000. (Average, $11,500) "If I Were King" (Para.) NEWMAN— (1,900) (25c-40c) 7 week. Gross: $5,600. (Average. "Road Demon" (20th-Fox) FOX TOWER— (2,200) (25c-35c-65c) 6 days. Stage: Hal Kemp & His Orches- tra. Gross: $13,100. (Average, 6 davs, $7,000) "Gangster's Boy" (Mono.) ORPHEUM— (1,300) (25c-40c) 7 days. Gross: $4,800. (Average, $5,000) days. days days, 2nd $7,000) "Katrine." Final Title Hollywood, Nov. 24. — "The Awak- ening of Katrina" is the final title for Metro's picture starring Franciska Gaal and Franchot Tone, formerly titled "Katherine the Last. Hollywood Preview "Arizona Wildcat" (20th Century-Fox) Hollywood, Nov. 24.— Showmen who have been wishing Jane Withers might have advantage of more substantial stories and larger production budgets get their wish here. This is a "kid picture" in name only. It's a down-to-earth western with Leo Carrillo doing an 1850 Robin Hood of the plains, for a purpose, and such other able performers as William Henry, Henry Wilcoxon, Etienne Giradot, Pauline Moore, Harry Woods and Rosita Harlan giving good account of themselves. Miss Withers is in no sense obscured by the adult plot, but neither is it cut down to child size for her. It looks like just about what the show- man ordered. Miss Withers is a somewhat harum-scarum orphan of the plains who lives with a Spanish stagecoach driver, Carrillo, and his wife and many sons. She and, ultimately, he suspect that the sheriff, Wilcoxon, is responsible for gold robberies in which many men, including her father, have been murdered. The sheriff tries to pin the crimes on an innocent Southerner who, in turn, is seeking a man who robbed his father. It turns out, after much riding, shooting, etc., that the sheriff is also this man. Carrillo, formerly a Robin Hood type bandit, rounds up his former followers and rides again to rescue the young man (for the school teacher, incidentally; and capture the sheriff. Jane helps in making Carrillo's roundup successful but does so in ways that a child of her years really might. With the advent of more substantial stories emerges, also, a new Jane Withers, more actress and yet no less cut up. As directed by Harry I. Leeds for associate producer John Stone in this screenplay by Harry Trivers and Jerry Cady from an original by Frances Hyland and Albert Ray, she sets a new Withers standard. Running time, 69 minutes. "G."* Roscoe Williams New York Preview "Come On Rangers!" (Republic) Fast tempo, plenty of action, a capable cast and a judicious sprinkling of tuneful songs make this attractive for the western fans. Charles Ford produced and Joe Kane directed. The story is of Capt. Roy Rogers of the Texas Rangers who joins the U. S. Cavalry when the Rangers disband. A crooked politician, Purnell Pratt, organizes a State Patrol to provide "protection" for the ranchers and preserve law and order. The leader is also the head of a gang of outlaws, the White Horse Raiders, who overrun Texas and pro- vide the excuse for the existence of the crooked State Patrol. When the U. S. troops are unable to cope with the situation, Capt. Rogers de- serts, rounds up the old Rangers and brings the terrorists to justice. The Governor rewards him by reviving the Rangers and the Colonel's daughter, Mary Hart, finally consents to become Mrs. Rogers. Ravmond Hatton turns in an outstanding performance as an old In- dian scout. Others prominently cast are J. Farrell MacDonald, Bruce MacFarlane and Harry Woods. Running time, 57 mins. "G."* *"G" denotes general classification. Webber Buys KC House Kansas City, Nov. 24.— Mary Lue, suburban house in Southeastern Kan- sas City which E. E. Webber has had under lease seven years, has been ac- quired by Morris Wiber. The 600- seat house operates on a 25-cent policy. Davidson Takes Musical Samuel Davidson, president of Cameo Screen Attractions, has pur- chased for New England distribution the Wilcox musical, "The Gang," and the Nash film, "Convicts at Large," from Fred McConnell, of Record Pic- tures. Walsh in Pittsburgh Pittsburgh, Nov. 24. — John Walsh, former manager of the Shea Para- mount in Newport, is manager of the Fulton, Shea house here, replacing Lester W. Hutchson, who has re- turned to management of the Shea theatres in New Philadelphia and Newark. O. Takes Three in Canada Toronto, Nov. 24.— J. O. Scott, owner of the Weston, has taken three Ontario houses, the Cartier at Tim- mins, Prescott at Prescott, and La- Salle at Kirkland Lake. "Traveler" Is MilwaukeeTop With $10,500 Milwaukee, Nov. 24. — "The Ar- kansas Traveler" and Glen Gray's Casa Loma orchestra were the week's pacemakers with a $10,500 take at Fox's Palace. "Drums" and "Hard to Get" were good for $6,800 at the Warner and "Exposed," with "Hawaii Nights" on the stage, collected $5,500 at the Riv- erside. Other business was down. Chief competition was the auto show in the Auditorium. Estimated takings for the week end- ing Nov. 16-17 : "Drums" (U. A.) "Hard to Get" (W. B.) WARNER— (2,400) (35c-50c) 7 Gross: $6,800. (Average, $5,000). "The Arkansas Traveler" (Para.) PALACE— (2,400) (35c-50c) 7 days. Glen Grav and the Casa Loma orchestra. Gross: 510,500. (Average, $5,000) 'Exposed" (Univ.) RIVERSIDE— (2,300) (25c-30c) 7 Stage: Hawaii Nights. Gross: $5,500. erage, S5,000) "Suez" (ZOth-Fox) STRAND— (1,400) (35c-50c) 7 days $4,000. Average. $4,500) "Just Around the Corner" (20th-Fox) "I Am the Law" (Col.) WISCONSIN— (3,200) (35c-50c) 7 days. Gross: $7,000. (Average, $8,000) days. Stage : days. (Av- Gross : Cleveland Is Down Under; "Rat" Good Cleveland, Nov. 24. - — "Brother Rat" exceeded all first runs at War- ners' Hippodrome with a take of $16,- 000. It moved to the Allen for a continued downtown engagement. "The Great Waltz" at Loew's State, pretty strong at $13,500. "The Mad Miss Manton" at the Palace with Gene Autry on the stage got by with $15,000. "The Citadel," at Loew's Stillman following a run at Loew's State did $5,000, par. Weather was warm. Hanna The- atre, legit, offered "Pins and Needles." Arena, sports, had "The Ice Follies of 1939." Total first run business was $53,000. Average is $49,000. Estimated grosses for the week end- ing Nov. 17: 'A Man to Remember" (RKO) ALLEN— (3,000) (30c-35c-42c) 7 days. Gross: $3,500. (Average, $4,000) "Brother Rat" (F. N.) WARNERS' HIPPODROME — (3,800) (30c-35c-42c) 7 davs. Gross: $16,000. (Aver- age, $12,000) "The Mad Miss Manton" (RKO) RKO PALACE— (3,100) (30c-42c-55c) 7 days. Stage: Gene Autry and vaudeville. Gross: $15,000. (Average, $15,000) "The Great Waltz" (M-G-M) LOEW'S STATE— (3,500) (30c-35c-42c) 7 davs. Gross: $13,500. (Average, $13,000) "The Citadel" (M-G-M) LOEW'S STILLMAN— (1,900) (30c-35c- 42c) 7 days. 2nd week. Gross: $5,000. (Average, $5,000) Warner Exchange Moves Warners' New York exchange, heretofore located in the Film Center Bldg., has moved into new head- quarters at 315 West 44th St., ad- joining the home office building. Gen- eral offices of the exchange are on the second floor of the home office, with shipping, inspection and ad sales in the new space. FREEDOM Ml For the Good of Your Theat niunity, for the Good of Yo Pre-Release Booked by Every Major Circuit! Pre-Releas Endorsed as No Short Subject Ever Was Before, by Govern ment Officials, Civic Societies, Exhibitor Leaders, Editorials Notice: Important Merchandising Plan containing tie-ups and endorsements at your exchange— be sure to ask for i for the Good of Your Com- Country,YOli Must Show all the achieve- ments of which Warner Bros, are proud none has been more overwhelming- ly lauded than this VITAPHONE 2-Reel Short Subject In TECHNICOLOR "Congratulations to WARNER BROS. for an extraordinarily fine film" W. G. Van Schmus Managing Director, Radio City Music Hall JOHN LITEL»Ted Osborne • Rosella Towne • Richard Bond • Owen • Directed by Crane Wilbur* Original Screen Play by Charles L. Tedford (PorewwuO „ 20— Shown»Mcan_sa2^ alternating ^Spontaneous applause. It nev Typical praise from the New York Paramount Theatre preview audience Rav MMand ana ^J";^' team wortny - ^^nces, and vv.»"n £U this is onces and little d»»j MiUand is a son ui burning ta.^ of. For -^mS Bradna, po*ng< barrassed parwts taow Hervey>s s from *«e » tucks, taxis and N ^ "G."* Running tune, ^ ^ SAY IT IN FRENCH or in any other tongue/ this is one of the brightest comedies of the year! — Motion Picture Daily H,f. Cast Swell r !r^^ ' ^er-Directo ^ ^eenp/ay. ---Andrew L Stan e P/ayers; p... hisj anc Jne P/ayers- ^^Si^-Mi^ - ""•ly to c5 ar^wtrTn^j: „ ' ,ere Annies of tb* true l n°?gh effect wh"ch ^ at^/n /he"! f°pard dav a j Cn trts bun ffer'ne a°<* '<"eo/ J" ''*"e *• -sc. — ' rV^ "*rn ■ ■ Dr°du^5nT-c>s. ess«- V?e Ss Wor'^ Dwarrs^n(;?fnow Rf0 J^MIj MOTION PICTURE DAILY 10 Korda Due in This Country On Dec. 8th (Continued from pai/e 1) about Paris production with Arnold Pressburger. And that's about all there may be to this. The latest talk in British film cir- cles, concerns a possible amalgama- tion between Denham and Pinewood studios, to take effect Jan. 1. Strange- ly enough, both studios have been seeking producers to tenant their lots, so that what may be motivating such a prospective transaction as merging is not clear. Such a matter has been discussed from time to time, but latest accounts would have it that the matter is now greatly advanced with Prudential backing the merger. Presumably Prudential will hold the controlling interest in the combined properties. Harry George, at present a London Films executive, is expected to become chairman of the new or- ganization, with P. Stapleton and Capt. Richard Norton as ranking ex- ecutives. Korda will maintain his own production organization, function- ing separately. Censor Row Flares In Parliament on Para. Reel Fight (Continued from page 1) had not been brought to the attention of the home office for action at any time as the matter was entirely within the province of the Paramount British newsreel and the material itself was not designed for use in this country. A Paramount News official made substantially the same statement and asserted that the first knowledge of the incident at the newsreel office here was derived from a Motion Picture Daily dispatch from London, Sept. 26, reporting that the deletion had been made following "diplomatic and press protests." The M. P. P. D. A. office here dis- claimed any knowledge of the inci- dent. Holders Buy Coast Lab on $70,000 Bid (Continued from pape 1) mon stock. All the preferred, 60,000 shares, will go to the creditors. The only other bid, made some time ago and later withdrawn, was $65,500, entered by C. King Charney for Du- Art Film Laboratory of New York. The creditors had entered a protec- tion bid of $65,500. International Cinema has about $207,000 in claims against it. M.P.A. Dance Tomorrow Motion Picture Associates will give their 19th annual dinner dance at the Astor tomorrow night. Many enter- tainers are scheduled to appear. Pro- ceeds will be devoted to industry relief. Loew's Criterion It's now publicly "Loew's Criterion." The circuit has erected a new sign on the marquee proclaiming the circuit affiliation. Loew's assumed operation of the Broadway house some time ago in partnership with B. S. Moss. Admission Levies Drop $612,346 in Four-Month Period Washington, Nov. 24. — Admission tax collections from July 1 to Oct. 31 were $612,346 under those of the corresponding period last year, it was disclosed yesterday by the Internal Revenue Bureau. Releasing its monthly collection re- port, the bureau announced that ad- mission taxes collected in October were $1,596,367, compared with $1,- 668,827 in September and $1,966,617 in October, 1937. October was the seventh successive month in which collections were under those of the same period a year ago. For the first four months of the fiscal year which began July 1, the bureau stated, admission tax revenues amounted to $6,309,070, compared witli $6,921,416 last year. Collections in the Third New York (Broadway) District fell in October to $285,506, as compared with $377,360 in September and $604,487 in October, 1937. the bureau reported. Hardest hit were collections at the box-office, which dropped from $337,- 366 in September to $247,637 last month. Briggs and Young Seeking Pathe Lab • (Continued from pane 1) 65,866 2/3 shares of Monogram Pic- tures stock. Book value of the assets to be ac- quired by Young's new laboratory op- erating company is $989,600, of which $331,122 is the laboratory valuation. A recent appraisal, however, fixed the present value of the latter at $245,000. The new company will invest $200,000 for working capital, and will assume $249,551 of liabilities, and contingent liabilities of $365,000, of which $68,750 is represented by Briggs' contract to June 30, 1941, at $25,000 per year. The new company will assume the four-year printing contract with RKO Pathe News and the three and one- half-year contract with Monogram. The liquidation plan must be ap- proved by 80 per cent of the stock- holders and must be completed before Jan. 1. W. B. -Cosmopolitan Deal Not Completed Extension of Warners' releasing ar- rangement with Cosmopolitan Produc- tions has not yet been agreed upon. Negotiations are in progress. Motion Picture Daily's story crediting Ed Hatrick as stating that the deal will be extended is erroneous. NBC Basking In Spotlight OfF.CCQuiz Tells Committee How to Run Television Washington, Nov. 24. — Network operation will be the only way in which television can be operated at a profit, O. B. Hanson, chief engineer of NBC, yesterday told the F.C.C. monopoly committee, completing di- rect testimony on the development of broadcasting. Television's chief usefulness, Han- son said, will be in covering news events. "To do this, television must leave the studio and reach out into the field, prepared to shoot an event no matter where it may happen," he said. This he saw as television's most difficult problem. Great obstacles are in the way of the formation of tele- vision chains, he said, in view of the medium's high program cost, with makeup, scenery and the complicated technique. Hanson pointed out that no facili- ties exist for transmitting television material from city to city. The only two methods known, coaxial cable and radio relays are not yet fullv devel- oped, he said, as well as being very expensive. NBC has spent $7,719,000 in the construction of 17 studio projects since 1927, Hanson testified. Radio City being the most ambitious with 28 studios. The large number is needed, he said, because every hour on the air has seven hours of rehearsal behind it. All told, NBC has 103 studios in 11 cities. Over a period of a year, it is sending out 5 6 programs simultaneously during the broadcast- ing day, and sometimes more. Chairman McNinch of the F.C.C. halted Hanson's statement, saying the reading of a prepared statement was not the best wav of presenting evi- dence. Hanson will be cross-examined when the hearing resumes next Tues- day. U.S. Rubber Series Starts After Jan. 1 "One Hundred Men and a Girl," a new musical series featuring Ray- mond Paige and a 100-piece popular orchestra, the largest ever recruited for radio, and a girl singer as yet to be selected, is the choice of the U. S. Rubber Co. for a series to bow in on CBS after the first of the year. Campbell-Ewald, agency for U. S. Rubber Co., contracted for the show late Wednesday. A deal for the title rights was made with Universal Pic- tures. The girl vocalist who auditioned with the orchestra was Hildegarde the English singer, and it is believed that she will be the client's selection, although this is not definite. U. S. Rubber's previous air pro- gram featured Ben Rernie. Starting date and broadcast time for the new series have not been deter- mined. However, it is assured the nrogram will be on the air Wednes- days, 10 to 10.30 P. M. Friday, November 25, 193! Films Gather Resources to Aid Refugees (Continued from pane 1) the pressing need for funds to ai'' the victims of Teutonic brutality. ft ],, | In New York, film company art di- rectors and publicity heads will meet at Sardi's on Monday to effect plans for a fund by which it is hoped to raise $50,000 through the public sale of art works donated by prominent American artists. Company execu- tives are cooperating in this endeavor. Several New York theatres are helping relief in a quiet way. The Fifth Ave. Playhouse last Sunday gave a special performance for the purpose. Show people responded in their traditional spirit Wednesday night of last week when more than $100,000 gross was raised by the "Night of Stars" show at Madison Square Gar- den. In Canada, Famous Players Cana- dian, headed by N. L. Nathanson, is setting aside box-office proceeds for the aid of the refugees. Nicholas M. Schenck, president of M-G-M, is sponsoring a special showing of "Pygmalion" at the Astor Wednes- day night for relief purposes. A large invitation list is expected to re- spond. The legitimate stage also rallied to the aid of refugees. Last Sunday "Abe Lincoln in Illinois" and "Knick- erbocker Holiday" played special benefit performances with total pro- ceeds for relief work. It is estimated that they earned about $5,500. Musi- cians are not asking compensation for performances and the stagehands are expected to vote a waiver of payment at a meeting on Sunday. Even ticket brokers cooperated and contributed premiums received on the sale of tickets. A book auction will be held at the Hotel Plaza on Dec. 8. Manuscripts of plays, novels and other works will be auctioned off with the proceeds to go to the Joint Dis- tribution Committee and the Ameri- can Committee for Christian German Refugees. Among plays to be auc- tioned are Clifford Odets' "Rocket to the Moon" and Thornton Wilder's "Our Town." Ethyl Gas to Have New Series on CBS Another major network show has been garnered by CBS, with the sign- ing of Andre Kostelanetz' orchestra and Walter O'Keefe by the Ethyl Gas Co. Batten, Barton, Durstine & Os- born handled the deal. The series will be offered Thursdays from 10 to 10 :45 P. M. The starting date still has not been cleared, al- though it probably will begin shortly after the first of the year. Brandt Acquires Two Harry Brandt has taken over the Fair in Jackson Heights and the Drake in Rego Park, Long Island, from Samuel Rhonheimer. >UOTTr»xr PICTURE to the Picture Industry M. P. PRODUCERS & DISTRIBUTORS OF AM., I! 28 WEST 44TH ST. , NEW YORK , si I tlf n. y. ^Iln ts COP 44. NO. 104 NEW YORK, MONDAY, NOVEMBER 28, 1938 TEN CENTS Congressional Radio Inquiry Gains Headway Slow Progress of F. C. C. Probe a Factor Washington, Nov. 27.— Demand of Senator Wallace H. White, of Maine, for Congressional investiga- tion of the radio industry is gathering strong support in view of the slow and, apparently, unrevealing nature of the Federal Communications Commis- sion's present monopoly probe. There are definite indications that Congressional members, regardless of party alliance, are lining up to sup- port such an investigation, and that sentiment is growing to compel Con- gress to make an inquiry of the radio industry. Introduction of at least one radio bill appears to be certain, in the next session. Senator Clyde L. Herring of (Continued on page 7) Newsreels Pooling For Coverage of Peru Conference American newsreels will pool re- sources to give full coverage to the Eighth International Conference of American States at Lima, Peru, Dec. 9. Arrangements for the coverage are understood to have been completed at a meeting of the newsreel editors with Will H. Hays last week. Frederic Ullman, general manager of Pathe News, is in charge of ar- rangements for the coverage. The reels drew lots to decide which would send crews to the conference, as a re- sult of which 20th Century-Fox Movietone News and Hearst News of the Day (M-G-M) will send crews. Tony Muto, Movietone contact man ; Fernando Del Gatto, cameraman, and Ben Box, soundman, have been as- signed to the meeting by Movietone. (Continued on page 3) Japan, Nazis Plan Exchange of Films According to newspaper dispatches, production and interchange of autarchial and propaganda films between Japan and the Nazis is looked for in consequence of the re- cently signed accord between these countries on "cultural cooperation." This pact, concluded in Tokio, at the instigation of Germany, specifically pro- vides for an exchange of films between the two na- tions. Details of the accord are to be determined later through the basic agreement of the two to systematically promote cultural relations in the domains of films, sciences, radio and youth movements. FILMS-TELEVISION SHOWDOWN IN 1940 Talks on New Warner Product Start Today Discussions on Warners' 1939-'40 production program start here today in conferences which will last all week between Jack L. Warner, production chief ; Hal Wallis, associate execu- tive in charge of production ; Albert (Continued on page 3) Storm Plays Havoc With City's Takes, Upstate and Jersey Sleet and snow wrecked holiday grosses on Thanksgiving throughout the city. New Jersey appeared to be the worst hit, with Long Island and upstate New York also badly affected. Holiday matinee business on Broad- way Thursday was generally satisfac- tory, but evening business was far below par. Circuits operating in other parts of the city reported business at 30 to 40 per cent off last year's take and some New Jersey houses found business at about one-half that of last year. With school children vacation- ing on Friday, business mounted on Broadway, but other sections were not so fortunate. Due to continued hazardous traffic conditions on highways and streets through Saturday, business at many houses which habitually draw the car- riage trade continued under par over (Continued on page 3) WB Refunding Presently Shy $3,200,000 Harry M. Warner, president, in the Warner annual report issued last weekend, reports that $18,864,000 of the company's optional six per cent convertible debentures maturing in 1939 have been deposited, as of Nov. 23, on the New York Stock exchange for new debentures maturing in 1948. This is under the plan of exchange submitted to the debenture holders last July. The total amount outstand- ing on that date was $29,400,000. Certificates of deposit will be ex- changeable for 10-year bonds draw- ing six per cent interest upon the plan becoming effective. The directors can declare the plan in effect when 75 per cent, or approxi- mately $22,000,000, of the principal (Continued on page 3) Col. May Produce, Will Distribute in France and Algiers Paris, Nov. 27. — With Jack Cohn, J. A. McConville, Joseph Friedman and Al Segal, here, there was re- vealed the possibility of Columbia Pic- tures undertaking production in France, while at the same time, defi- nitely establishing a distributing or- ganization of its own, in this country, (Continued on page 3) WPA Theatre to Lampoon Screen on 30th Anniversary Chicago, Nov. 27. — Coincident with the observance of the 50th anniver- sary of the motion picture early next year, the Federal Theatre project for the midwest is planning to put $150,- 000 into a production lampooning the film industry by turning a spotlight on its ancient foibles and failings. John McGee, director of the proj- ect, returned recently from New York discussions of the production and set Feb. 15 as its tentative opening date. The play will be based on Emmett Lavery's and John McGee's "Horse Opera," but will be extensively rewrit- ten. Eight persons are now engaged in research work on the film industry to this end. More are being assigned to study and follow developments in connection with the Government anti- trust suit against the industry in an (Continued on page 3) Academy Report Views The Two Arts as Def- initely in Competition Hollywood, Nov. 27. — In the opin- ion of the Research Council of the Motion Picture Arts and Sciences, there is the possibility of ultimate competition in the production field be- tween television and film interests. However, a definite check on televi- sion's effect on films may not be had until 1940, one year after the first test of public response. This diagnosis of the situation is contained in sub- stance in the third annual report on television by the Academy committee. In its report the committee views television as being on the verge of (Continued on page 7) Walt Disney's Mother Found Dead in Home Los Angeles, Nov. 27. — Mrs. Flora Disney, mother of Walt and Roy Dis- ney, was found dead in her North Hollywood home on Saturday from inhalation of what police said were fumes from a faulty gas heater. Mrs. Disney was 71. Disney's father, Elias, 73, and a housemaid employed by the family, were found unconscious and in serious condition in the home. They were removed to Hollywood Hospital. The Disneys would have celebrated their 51st wedding anniversary Jan. 1. Para. Ail-American Performances of the coun- try's leading football players, as caught by Paramount newsreel cameramen in 100 key games and 250,000 feet of action football film, resulted in the Paramount News All- American, as selected by Al Richard, editor, Bill Slater and the sports staff. The team: L. E. — Brud Holland, Cor- nell; L. T.— Ed Beinor, Notre Dame; L. G.— Harry Smith, U. S. C; C.—Ki Aldrich, Texas Christian; R. G.— Ralph Heikkinen, Michigan ; R. T.— Al Wolff, Santa Clara; R. E.— Waddie Young, Okla- homa; Q. B.— Davey O'Brien, Texas Christian; L. H. B. — George Caf ego, Tennessee ; R. H. B.— Bob MacLeod, Dart- mouth; F. B.— Marshall Gold- berg, Pittsburgh. MOTION PICTURE DAILY Monday, November 28, 1938 Insiders' Outlook Freeman to Leave For Studios Today 2 i Purely Personal ► FRANKLYN WARNER, who planed to Hollywood Friday, is expected back in New York tomor- row to complete arrangements for the transfer of Fine Arts' assets to Grand National. Warner's own fu- ture plans are still indefinite. • N. L. Nathanson, head of Fa- mous Players-Canadian, who was in New York for a few days conferring with Y. Frank Freeman, Paramount vice-president, returns to Toronto to- day. • Harold Winston, assistant mana- ger at Loew's Poli, Worcester, sailed Saturday on the Borinquen for Porto Rico where he will manage the new Metro in San Juan, to open Dec. 20. • C. C. Moskowitz of Loew's and Mrs. Moskowitz were hosts at their annual Thanksgiving party to the cir- cuit's executives and district mana- gers and their families. • Ernest Emerling of Loew's ad- vertising department is visiting Akron, Canton, Toledo and Cleveland on the circuit's advertising plans. He will return in a week. • Douglas Fairbanks and Mrs. Fairbanks sailed for London Satur- day on the Normandie. They plan to return here shortly after the first of the year. • Ken Murray has finished "Swing, Sister, Swing" at the Universal studio and is due here for a Paramount stage engagement starting Wednesday. • Jacques Deval, French playwright, and Miles Bouveng, Eastman Kodak executive, were passengers on the out- going Normandie Saturday. • Mrs. Mark Ostrer, wife of the Gaumont British executive, sailed Saturday on the Normandie after a visit with relatives here. • Cecil Humphreys, English actor, left over the weekend for the coast to appear in Samuel Goldwyn's "Wuthering Heights." • Ned E. Depinet and Jules Levy of RKO are among those attending the H. M. Richey testimonial dinner in Detroit tonight. • Mort Blumenstock, Warners' east- ern advertising and publicity head, returns to his office today from a Caribbean cruise. • C. J. Van Niel, comptroller gen- eral of Eastman Kodak Co. and Mrs. Van Niel have returned from Eu- rope. • William R. Ferguson, M-G-M exploitation manager, returned over the weekend from a field trip. • ;Hunt Stromberg, M-G-M produc- er, arrives today from the coast for story conferences. • Jane Bryan, Warner actress, will return to the coast late this week. • David O. Selznick plans to leave for the coast today. ' BELIEVE it or not, "Angels With Dirty Faces," open- ing simultaneously around the country, on Thanksgiving Day, exceeded the grosses of "Robin Hood" (released May, this year), in 50 comparative spots, reporting to Warners, as of Friday, last. Here are 20 "samples" taken at random, ac- cording to W. B. tabulations : Strand, Albany, "Angels" topped "Robin Hood" by $391, doing $1,694 for the day; Vic- tory, Dayton, "Angels" did $1,785, beating "Hood" by $848; Regent, Springfield, Ohio, "An- gels" grossed $960, topping "Hood" by $439; Branford, Newark, "Angels" did $6,088, beating "Hood" by $1,689; Stan- ley, Jersey City, "Angels" did $5,692, topping "Hood" by $2,422; Ohio, Canton, "Angels" did $1,058, beating "Hood" by $311; Warner, Memphis, "An- gels" did $2,402, beating "Hood" by $1,240 and setting a new rec- ord; Warner, Milwaukee, "An- gels" did $2,736, beating "Hood" by $1,133; Roger Sherman, New Haven, "Angels" did $3,204, top- ping "Hood" by $152; Orpheum, New Orleans, "Angels" did $2,372, topping "Hood" by $1,057; Aldine, Wilmington, "Angels" grossed $2,109, top- ping "Hood" by $931 ; Colonial, Richmond, "Angels" did $1,494, topping "Hood" by $471 ; Penn, Pittsburgh, "Angels" did $3,371, beating "Hood" by $828 ; Capitol, Wilkes Barre, "Angels" did $2,366, topping "Hood" bv $1,251; Aldine. Wilmington, "Angels" did $2,109, beating "Hood" by $931 ; Fabian, Pater- son, "Angels" did $2,805, beat- ing "Hood" by $1,746. At the Fox, St. Louis, "An- gels" did $4,692, topping "Green Light" by $3,423. "Robin Hood" played at another house. At Kansas City's Orpheum, "An- gels" netted $2,345, reportedly the best single bill gross in the Court Awards Alger $27,500 in RKO Fees George Alger, special master who rendered the report approving the RKO proposed plan of reorganization now under consideration by Federal Judge William Bondy, has been awarded $27,500 for services rendered from November, 1936, to date by Judge Bondy. The allowance did not specify whether any further fees would be granted. Chemical Bank & Trust Co., as trustee, under the RKO collateral note indenture, has been ordered by Judge Bondy to pay Irving Trust Co., RKO trustee, $5,512, which the latter will turn over to Wickes, Neilson & Ridell, attorneys, and Price, Waterhouse & Co., accountants, for fees. history of the house. At the Fox, Philadelphia, the film set a 10-year record with $6,750. T T Metro may be adopting the "arty" formula for showing "Pygmalion," its British-made film, around the country. The company proposes to place the film in particular keys at popu- lar prices for long runs. That's how it will be shown at the Astor, Broadway, too. In this way Metro can give the picture "special pre-release showings" before shooting the film out on general release. ▼ ▼ Mention of Paramount's re- ported $50,000 investment in Du- Mont Laboratories by Para- mount, as contained in the tele- vision report of the Scientific Committee of the Research Coun- cil of Motion Picture Arts and Sciences, brings to mind that Paramount obtained 14,000 of DuMont's outstanding 70,000 shares, in that transaction, an amount equal to that presently held by DuMont, himself. Re- mainder of the shares is in other hands, but Paramount, it is understood, under certain condi- tions can acquire additional shares in DuMont up to 50 per cent control. T T Warners say an advertising budget of $75,000 has been fixed for "Heart of the North," a color production, set for release Dec. 10. A full page color ad in the American Weekly will highlight the campaign. An advertisement which will mention local theatres where the film is booked also will be used. Fan magazines and newspapers in key cities will carry ads. ▼ T Alexander Korda may make two Hollywood films. One of these might be "Pocahontas," with Merle Oberon. Mulvey, Farnol to Studio Wednesday James Mulvey, eastern representa- tive for Samuel Goldwyn, and Lynn Farnol, United Artists advertising and publicity director, will leave for the coast Wednesday following a sched- uled meeting of the United Artists board. Mulvey will confer with Gold- wyn. Farnol will confer on advertis- ing plans for the company's new prod- uct. E. Garly, Actor, Dead Hollywood, Nov. 27. — Edward Garly, veteran stage and screen actor, is dead here following a heart attack which he suffered while rehearsing a dance routine at a movie studio. Y. Frank Freeman will leave for the coast by train today to take over his new post as head of the Para- mount studio. He will be accompa- nied by members of his family, with the exception of Frank Freeman, Jr., who remains here for an additional two or three weeks to wind up , sonal and business affairs. Freeman will establish his residence at the Beverly Hills Hotel. He does not plan to come east for the holidays. Adolph Zukor, Paramount board chairman, whom Freeman relieves at the studio, postponed his departure from Hollywood and is not expected in New York now until the end of the week. His departure for London to take over his new post as head of Paramount's European operations has been postponed to shortly before Christmas. Zukor is remaining here to attend the next meeting of the Paramount board, Dec. 8, and to con- fer with John W. Hicks, vice-presi- dent and foreign manager, who is ex- pected back from London during the next two to four weeks. Albion Operations Start After Jan. 1 Albion Films, Ltd., new producing company formed by Douglas Fair- banks and Montague Marks, with dis- tribution through United Artists, ex- pects to start operations shortly after the first of the year. Fairbanks and Marks sailed Satur- day on the Normandie after several weeks of conferences in New York and Hollywood. They expect to re- turn here in January. Meantime, the two will confer with financial associ- ates in London and Switzerland. Dismiss Collins M-G Suit Charges by Dolores Lacy Collins, widow of Jimmy Collins, who wrote "Test Pilot," that the M-G-M film infringed on her husband's book has been dismissed by Federal Judge Al- fred C. Coxe. Judge Coxe declared that he had compared the book and film and found only "superficial simi- larities" which he described as "mere coincidences." MOTION PICTURE DAILY (Registered U. S. Patent Office) MARTIN QUIGLEY, Editor-in-Chief and Publisher; SAM SHAIN, Editor; JAMES A. CRON, Advertising Manager. Published daily except Saturday, Sunday and holidays by Quigley Publishing Com- pany, Inc., Martin Quigley, president: Colvin Brown, vice-president and treasurer. Publication office: 1270 Sixth Avenue at Rockefeller Center, New York. Telephone: Circle 7-3100. Cable addresss: "Quigpubco. New York." All contents copyrighted 1938 by Quigley Publishing Company, Inc. Address all correspondence to the New York office. Other Quigley publications : Motion Picture Herald, Better Theatres, Teatro al Dia, International Motion Picture Almanac and Fame, BUREAUS : — Hollywood: Postal Union Life Building, Vine and Yucca Sts. ; Boone Mancall, manager; William R. Weaver, editor. Chicago: 624 S. Michigan Ave., C. B. O'Neill, manager. London: 4 Golden Square. W. 1: cable address, Quigpubco, London; Hope Williams, manager. Entered as second class matter Sept. 23. 1938, at the post office at New York, N. Y.. under the act of March 3, 1879. Subscription rates per year $6 in the Americas and $12 foreign. Single copies 10c MOTION PICTURE DAILY Monday, November 28, 1938 Col. to Distribute In France, Algiers (Continued from page 1) and Algiers. Columbia's thoughts on production, strangely enough, are given as running to English dialogers, as well as French. The distributing organization to be established would have exchanges not fa in this city but additionally in Lnle, Marseilles, Lyons, Bordeaux, Strasbourg. These revelations were made prior to Cohn's departure for the States, on the Queen Mary. While here, Cohn closed with Paul Graetz of Transcontinental .. Films, for Colum- bia's distribution of T. F. product. Cohn was guest of honor before sailing at a dinner tendered him by Jean Zay, French Minister of Na- tional Education, in recognition of the aid to French films of the deals closed here. The dinner was attended by a large representation of Government departmental officials. Embassy aides and American and European trade executives. Would License Child Attendance in Cincy Cincinnati, Nov. 27. — An ordi- nance has been introduced in the City Council prohibiting admittance of children under 16 to any theatre which does not have an appropriate license, to be issued annually by the City Treasurer at a cost of $2, and to be revocable by the City Manager for violation. The license would restrict attend- ance during school hours, and in no event after 8 P. M. on nights prior to school days. The measure is designed to help prevent truancy. Cohn and Paley Head Christmas Seal Sale Jack Cohn, Columbia vice-president, has been appointed chairman of the Motion Picture and Theatre Division of the New York Christmas Seal drive. William S. Paley, president of CBS, heads the radio division, and Lucille Manners the radio entertainers' group. 22 Shows on Bway. "Soliloquy," a psychological study of a white collar work- er who becomes involved in a murder, by Victor Victor, opens tonight at the Empire. Production is by H. Weiss- mann and staging by Eugen Schulz-Breiden. Also set for tonight is the start of the repertoire of 10 French plays by Theatre Des Quatre Sai- sons at the Barbizon-Plaza. Closing on Saturday of "You Never Know" after 7& performances and "Ringside Seat" after 7, left a total of 22 plays on Broadway. Other openings due this week are: "Lorelei" tomorrow at the Longacre, "Great Lady" Thursday at the Majestic, and "American Landscape" Satur- day at the Cort. Storm Plays Havoc With City's Takes, Upstate and Jersey (Continued from page 1) the weekend. The Music Hall, with "Sixty Glorious Years," finished the week with around $50,000, poor for the house. "Angels with Dirty Faces" got off to a good start at the Strand with $7,800 for its first day Friday. Ted Lewis on the stage was a strong at- traction. "Brother Rat" finished its third week with an estimated $26,000. First week of "Submarine Patrol" at the Roxy drew an estimated $44,400. At the Paramount, "Arkansas Trav- eler" appears likely to do $36,000 when the second week ends tomor- row. Gross of §22,500 was estimated for the third week of "The Citadel" at the Capitol. Opening date of "Pygmalion" at the Astor, which has been shifted several times, and was last scheduled for Dec. 1, is still un- certain. Talks on New Warner Product Start Today (Continued from page 1) Warner, S. Charles Einfeld, adver- tising and publicity head, and Grad- well L. Sears, general sales man- ager. Jack Warner arrived late last week with Mrs. Warner from England. Wallis got in from the coast yester- day. They will leave for Hollywood on Saturday with Einfeld. The re- maining films on the current program will also be discussed. Warner on arrival said he had pur- chased "Called Back" by Paul Con- way, British novelist. Richey Dinner Tonight Several RKO executives, as well as many others representative of the in- dustry, will attend the Variety Club testimonial banquet in Detroit tonight for Henderson M. Richey, who recent- ly became RKO director of exhibitor relations. Richey formerly was an independent exhibitor leader in the Detroit area. Newsreels Pooling For Coverage of Peru Conference (Continued from page 1) News of the Day will send Carl Bock- hurst, cameraman, and Charles Peden, sound man. The material will be avail- able to all reels, which will share the expense of the coverage. Insofar as could be learned. at home offices and M. P. P. D. A. headquar- ters, the newsfeel contingent will be the sole representation of the film in- dustry at the conference. Washington reports, purportedly emanating from -the -State Department, to the effect that the Hays organization would send a "large delegation" to the conference as a good will gesture to forestall the spread to Latin American countries of the nationalistic curbs on American pictures which have closed or re- stricted a number of European film markets, were denied at M. P. P. D. A. headquarters. To Ask Details in Chicago Trust Suit Chicago, Nov. 27. — Robert Gelding, attorney for Balaban & Katz, will ask for a bill of particulars when the Government trust suit against the cir- cuit and major distributors comes up tomorrow before Federal Judge Woodward. Extension of time for filing answers after the bill of particulars is received also will be requested. It is under- stood that "there will be no objection to a two-week extension. Quiz City Officials Nov. 30 in Tax Fight Industry attorneys will begin ex- amination of city officials Nov. 30 in a move to oppose a levy of more than $100,000 in interest and penalties as- sessed by the City Comptroller for the 18 months during which distribu- tors did not pay the two per cent city sales tax. Arthur Schwartz of Schwartz & Frohlich will examine Louis Goodgold of the city comptrol- ler's office. Recommend Spread of London Seating Rule London, Nov. 27. — England's County Councils' Association has de- cided to recommend to all county councils in the country the adoption of theatre seat price regulations similar to those recently passed by the Lon- don County Council. The London regulations provide that a theatre seating plan be promi- nently displayed in the lobby, with seat prices designated, forbid change of price for designated seats from the posted admission, and indicate in the lobby the number of vacant seats in the house to avoid standing by patrons. The Cinematograph Exhibi- tors' Association is waging a vigor- ous fight against the regulations, and a court battle is likely, while attor- neys have advised members it will set a bad precedent to accept 1939 licenses embodying the regulations. 3 WB Refunding Presently Shy $3,200,000 (Continued from page 1) amount of the outstanding debentures have been deposited. The plan be- comes effective automatically when 95 per cent are deposited. The present deadline for depositing debentures for exchange is Dec. 1, but the company reserves the right to extend it. The comp'any reported net profit of $1,929,721.32 for the year ending Aug. 27, compared with an operating net of $5,876,182 for the previous fiscal year. This net, after providing for the current year's dividend on the pre- ferred stock, is equal to 41 cents a share on the common stock, after de- ducting shares held in the treasury. The previous year's common dividend was $1.48 per share. No dividends have been paid on the preferred stock since March, 1932. Gross income for the fiscal year was $102,205,911, compared with $100,516,498 reported in 1937 and $90,655,502 in 1936. WPA Theatre Plans to Lampoon Screen (Continued from page 1) effort to discover "inside" informa- tion which may be turned to the play's purposes. The project is negotiating with various laboratories for bits of old film which would be used to show how pictures were before the Legion of Decency and similar groups ex- erted an influence. Film executives and stars will be caricatured in the production. Masks to aid in identify- ing the characters will be used. The play will draw on burlesqued story conferences, nepotism and other sub- jects for its material. The aid of the industry was sought by W.P.A. the- atre executives for the production, but was refused. Depinet Will Address Carolina MPTO Meet Charlotte, Nov. 27.— -M. P. T. O. A. of North and South Carolina may hear from Ned E. Depinet, RKO distribution chief, on the latest devel- opments in connection with the formu- lation of an industry trade practice program, at its annual convention to be held here Dec. 4 and 5. Depinet, a member of the distribu- tors' negotiating committee, today wired his acceptance of an invitation to attend the meeting. Hagen Liabilities Put at $2,500,000 London, Nov. 27. — Liabili- ties in excess of $2,500,000 were mentioned during a meeting of the creditors of Julius Hagen, producer. His present assets are valued at $250. Claim Darrieux Paris, Nov. 27. — Danielle Darrieux may be prevented from returning to work in Hollywood during the next three years as a result of a ruling Saturday by the French Trade Arbitration Board on her two-year-old contract dis- pute with Producer Gregor Rabinovitsch. The board ruled that Miss Darrieux must fulfill the three-year contract for her exclusive services which she made with Rabinovitsch in 1936. She may, however, ac- cept outside work with his permission. He plans to start a picture with her in Paris in June. D''tViZ.eX 6<3n KIDS tio, ""Pi. >urc MOTION PICTURE DAILY Monday, November 28, 1938 'King" Strong L.A. Grosser With $23,000 Los Angeles, Nov. 27. — "If I Were King" took the honors here, grossing a strong $23,000 at the Paramount. "The Citadel" was not far behind, comparatively, with $7,929 at the 4-Star. The dual of "The Cowboy and the Lady" and "Torchy Gets Her Man" did well, taking $14,400 at the Holly- wood and $15,800 at the Downtown. Estimated takings for the week ending Nov. 23 : "Listen Darling" (M-G-M) "Young Dr. Kildare" (M-G-M) CHINESE— (2,500) (30c-75c) 7 days. Gross: $8,644. (Average, $12,500) "Citadel" (M-G-M) 4 STAR— (900) (40c-55c) 7 da vs. Gross: $7,929._ (Average, $3,250) "Service De Luxe" (Univ.) "The Storm" (Univ.) HILLSTREET— (2,700) (30c-65c) 7 days. Gross: $5,650. (Average, $6,500) "Listen Darling" (M-G-M) "Young Dr. Kildare" (M-G-M) LOEWS STATE— (2,500) (30c-75c) 7 days. Gross: $11,030. (Average, $14,000) "Service De Luxe" (Univ.) "The Storm" (Univ.) PANTAGES— (3,000) (30c-65c) 7 days. Gross: $5,300. (Average, $7,000) "If I Were King" (Para.) PARAMOUNT— (3,595) (30c-65c) 7 days. Stage: F. & M. revue, Kenny Gardner, Jim- my Edmundson, Rube Wolf & orchestra. Gross: $23,000. (Average, $18,000) "The Cowboy and the Lady" (U. A.) "Torchy Gets Her Man" (W. B.) WARNER BROS. (Hollywood)— (3,000) (30c-65c) 7 days, 2nd week. Gross: $14,400. (Average, $14,000) "The Cowboy and the Lady" (U. A.) "Torchy Gets Her Man" (W. B.) WARNER BROS. (Downtown)— (3,400) (30c-65c) 7 days. 2nd week. Gross r$15, 800. (Average, $12,000) JOIN THE GANG! Time FRIDAY EVENING DECEMBER 2nd Place GOLD ROOM CONGRESS HOTEL CHICAGO, ILL. Reason TESTIMONIAL DINNER for JACK KIRSCH Pres. Allied Theatres of Illinois ENTIRE PROCEEDS TO FILM RELIEF FUND for reservations wire HENRI ELMAN 843 S. Wabash Ave., Chicago, III. Hollywood Preview "Pardon Our Nerve" (20th Century-Fox ) Hollywood, Nov. 27— "Pardon Our Nerve" is the third of the 20th Century-Fox Big Town Girls series and is easily tops of the group for entertainment. It is a farcical concoction of the adventures of two girls who, impoverished, seize upon a dull witted waiter and make of him a prize fighter. "Pardon Our Nerve" is 65 minutes of fast moving laughs, as the skillful direction of H. Bruce Humberstone leads the characters through the paces of the screenplay of Robert Ellis and Helen Logan. Lynn Bari and June Gale are the "big town girls" again and in this they are supported by Guinn Williams, Michael Whalen, Edward Brophy, John Miljan, Theodor von Eltz, Ward Bond, Chester Clute, Helen Ericson and .Tom Kennedy, a cast whose .individual and col lective efforts contribute no little to the entertainment. Hilda Stone and Betty Reinhardt wrote the original story for this Sol M. Wurtzel production. Miss Bari and Miss Gale become the managers of a waiter, Guinn Williams, whom they make into a prize fighter. He is so dull witted that Miss Gale, who resembles Williams' sweetheart in Minnesota, must resort to the stratagem of having his opponent hit her in order to anger W illiams. Having been built up, Williams is given a bout with the champion, but a crooked promoter kidnaps Miss Gale to prevent her from doing her ringside stunt. The real sweetheart turns up to save Williams. Running time, 65 minutes. "G." Vance King. <( The Frontiersman" (Harry Sherman-Paramount) Hollywood, Nov. 27. — "The Frontiersman" again demonstrates Harry Sherman's superiority as a producer of westerns. It's a desirable show for almost any kind of audience, especially those partial to outdoor action entertainment. It provides showmen with much exploitation material. A "Hopalong Cassidy" yarn, William Boyd, who has the usual assist- ance of his pals, George Hayes and Russell Hayden, has two problems to work out. One concerns "his trailing of a gang of cattle rustlers and the eventual unmasking of the brain behind the gang. In this the customary thrills, action and excitement are provided. The other problem has to do with his attempt to straighten out a muddled school situation. This matter is humorously complicated when all the ranch hands, especially Hayden, fall in love with Evelyn Yenable, imported to replace Emily Fitzroy. The singing provided in these sequences by the St. Brendan's boys choir adds much to the production's entertainment value. While Boyd, Hayes and Hayden take care of rustler Charles Hughes, and his cohorts, the hero, aided by Miss Venable, succeeds in reforming Dickie Jones. Convincingly played and expertly ^photographed against many beauti- ful natural scenic backgrounds. "The Frontiersman" is fully up to the standard of any of its predecessors. The screenplay by Norman Houston and added dialogue by Harrison Jacobs accounts for considerable novelty and departure from formula. Lesley Selander's direction accentuates these qualities. Running time, 72 minutes. "G."* G. McC. "Traveler" Leads Oklahoma City's Takes at $5,800 Oklahoma City, Nov. 27.— "The Arkansas Traveler" pulled down the best gross here, with a neat $5,800 at the Midwest, in a week of only fair business. "You Can't Take It With " in its fourth week at the State, %vas good for $3,000. Weather was warm with no outstanding competition. Estimated takings for the week ending Nov. 15-17: "The Arkansas Traveler" (Para.) MIDWEST— (1.500) (25c-35c-40c) 7 days. Gross: $5,800. (Average, $4,500) 'The Great Waltz" (M-G-M) CRITERIOX-(1,500) (25c-35c-40c) 7 days. Gross: $5,000. (Average, $5,200) "You Can't Take It With You" (CoL) STATE — (1,100) (20c-25c-40c) 7 days, fourth week. Gross: $3,000. (Average, $3,- 000) "Men With Wings" (Para.) TOWER — (1.000) (25c-35c) 7 days, second week. Gross: $2,300. (Average, $2,500) "Renegade Ranger" (RICO) "Vacation From Love" (M-G-M) LIBERTY — (1,200) (20c-25c) 4 days. Gross: SI. 800. (Average. $1,800) 'Sens Of The Legion" (Para.) 'Torchy Gets Her Man" (W. B.) LIBERTY-(1,200) (20c-25c) 3 days. Gross: '650. (Average, $700) La Paz Government Is Looking for Operator Mexico City, Nov. 27— Govern- ment of Lower California Territory desires to put in operation a theatre which it owns in La Paz, the capital. The house is offered for lease for five years. The lessee must put up $2,400 to guarantee tenancy for that period and agree to permit the house to be used one day a week for patriotic pur- poses. The exhibitor must also pledge him- self to maintain a union projectionist and treat him in accordance with the Federal labor laws and to exhibit at ieast one first class Mexican-made pic- ture a month. 'G" denotes general classification. W. B. Christmas Party Joint kiddie Christmas party will be held this year by the New York and Brooklyn Vitaphone studio Warner Clubs at the Vitaphone studio, Dec. 17. A circus has been arranged for enter- tainment. The committee includes John T. Holmes, Warner Club presi- dent; Ralph W. Budd. Harry Mayer, Stuart Aarons, W. L. Gates, Ann Martin, Morris Schiff, Irving Birn- baum and George O'Keefe. Romero "Juarez" Advisor Hollywood, Nov. 27. — Warners has signed Ernesto A. Romero, Mexican vice-consul, to act as technical ad- visor on "Juarez," starring Paul Muni and Bette Davis. Previously the script had been approved by President Cardenas of Mexico. Phila. Trust Hearing Set Philadelphia, Nov. 27. — Prelim- inary hearing has been set for Dec. 1 in the anti-trust suit brought by Her- bert J. Elliott of the Fern Rock The- atre against 12 major producers and distributors. The Fried anti-trust case, which makes similar allegations against the Warner circuit, is expected to be heard the same dav. Goldgraben Takes Post Harold Goldgraben of the M-G-M home office has taken over the posi- tion of office manager at the local M-G-M exchange. He succeeds Doug- las Peck, who has been transferred to the home office checking department. Goldgraben has been with the com- pany 10 years as a theatre and travel- ing branch auditor. Boost Process Capital Sacramento, Nov. 27.— Permission has been granted by. the Secretary of State to Motion Picture Process Corp. to increase its capitalization from $25,000 to $300,000. Expansion plans include development of the com- mercial department of the company, officers of which are John Gentile, president, Mario Castegnaro, vice- president and treasurer, and Bertha Castegnaro, secretary. Process Corp. in Hollywood, is principally engaged in supplying process shots to studios. Rep. Moves in K. C. Kansas City, Nov. 27. — Republic- Midwest exchange, under Robert F. Withers, and Commonwealth Amuse- ment Corp., has moved into its new building on 18th St. here. RCA has moved into the same building. Grand National is taking over the quarters vacated by Republic, and moving in with Grand National are the offices of the Kansas-Missouri Theatres Asso- ciation. Normandie French Film First film to be booked into the Xormandie, which is set to open Nov. 30, will be Tri-National's "Sacrifice d'Honneur," a French production with English titles. i Monday, November 28, 1938 MOTION PICTURE DAILY RADIO See Effect of Television on Films by 1940 {Continued from page 1) wjl^ition from an experimental to a commercial stage. It sees "definite en- tertainment quality" in the medium now. This transition, if it occurs, will be without "revolutionary effect" on the film industry during the next two years because of television's "com- plexity" and the "magnitude of its artistic and financial problems." Noting that regular transmission service and receiving sets in a number of types and sizes will be available to the public next year, the commit- tee cites mediocre program material as its greatest entertainment handi- cap at this time. It concedes, how- ever, that this defect is "remediable." Of the Farnsworth system demon- stration last summer, here, the report has this to say : "The picture was bright and had considerable entertainment value on close-ups. The longer shots were not as effective." Criticizes RCA Transmissions Of the current RCA-NBC trans- missions in New York, it says : "Al- though too small for convenient view- ing, the pictures are bright and sharp and carry sufficient detail to depict emotions when rather broadly played in close-up or semi-close-up. Medium and long shots merely show the fig- ures and are used mainly for en- trances, exits and establishing settings. When the (televised) material has been up to the mark the results have been definitely entertaining, even with the small screen." Of recent international develop- ments in television engineering the re- port observes that "Progress is slow and laborious, but steady. In general, the advances listed by the foreign field are either results of American invention or they can be duplicated here whenever it becomes expedient." It also observes that despite "notable progress" in England during the last two years on the technical side and in the quantity and quality of programs, little commercial advance has been made there. Comparing the estimated 3,000 to 4,000 receivers with Eng- land's 10,000,000 population within the transmission service area, it finds this to be a "melancholy showing." Says Market Is Waiting "Yet no one conversant with the situation as a whole can or does re- gard it as an evidence of failure," the report states. "The reason is that while sales have lagged, public inter- est has been sustained, and where there is interest there is a potential market." On cost, the Academy experts be- lieve that the financial responsibility which the bigger interests in the tele- vision field have to radio constitutes a "protection, if one is needed, for the other entertainment industries, as well. "The strongest interests in the tele- vision field cannot afford to ignore their very own substantial stake in the business of aural broadcasting." In addition to Carl Dreher, mem- bers of the council's scientific commit- Puhlic Response Hollywood, Nov. 27— First sample of public reaction to a sale of television receivers is described in the report of the Research Council of the Academy as follows : "In June of this year a number of New York depart- ment stores demonstrated television reception, using the Empire State transmis- sions. The pictures were mostly in the 5 x 4-inch range and the receivers were priced at $195 to $225. Public inter- est was aroused but only a few sales were reported. The flurry ended when the trans- mitter shut down for adjust- ments." tee are Gordon Chambers, L. E. Clark, J. G. Frayne, Barton Kreuzer, Wesley C. Miller, Hollis Moise, Wil- liam Mueller and Gordon S. Mitch- ell, council manager. Major Nathan Levinson of Warner Bros, is acting- chairman of the council. Briton Wary on Television The current stir in this country over television seems to be "much ado about nothing," in the opinion of Carl- ton L. Dyer, managing director of the Philco Co. of Great Britain, now in this country- England, he states, has had "good" television for the past two years, yet less than 4,000 home television receiv- ers have been sold. This indicates a lack of interest in television on the public's part, he states. He is of the belief that television ballyhoo at the present will be harm- ful to the new art. If the public is led to expect too much at the start, he states, it will prove to be a tre- mendous financial, industrial and artis- tic disappointment. Obstacles in the path of television which yet remain to be overcome are the extremely short distance of trans- mission, manifold sources of interfer- ence, and the cost of erecting trans- mitters. However, he predicts a much more rapid rise for television in America than in Britain. This, he explains, is because television development here is in private hands, rather than in Gov- ernment hands, as in Britain. He be- lieves that national acceptance of tele- vision, here and elsewhere, is at least five years off. Crosley Warns of Ballyhoo Cincinnati, Nov. 27. — "Pictures comparable to those in theatres can be expected to only a very limited extent by television for years to come, and it is certainly a mistake to ballyhoo television to the public beyond honest statement of facts," declared Powel Crosley, Jr., president of the Crosley Corp., operating WLW, WSAI and W8XAL. "Technically, television has arrived, and satisfactory pictures can be trans- mitted up to 50 miles, but it should be offered to the public with a clear un- derstanding of the program limitations. Production costs and finding a source of sustaining revenue present prob- lems which will require several years to solve. The initial cost of television receivers, and the service limitation to large cities, plus the tremendous ex- penditure involved are bound to limit sales," he said. Blue Revenue for October $901,376 Red Is $2,872,588 Having stated at the F. C. C. mon- opoly hearings that the Blue network was conducted as a separate service from the Red, NBC now is making available separate revenue totals for each network. Revenue of the Blue network for October, 1938, it is learned, amounted to $901,376. This compares to the Red network total, for the same month, of $2,872,588. All told, therefore, for October, 1938, NBC business totaled $3,773,964. Because the breakdown of the busi- ness for the two networks is on a new basis, no comparison for the Blue net- work business is possible, although it is believed that this is the first time that revenue of the Blue network passed the $900,000 mark. Self-Regulation of Radio to Be Talked Washington, Nov. 27. — National Association of Broadcasters, moving on a suggestion made by David Sar- noff, president of RCA, has moved to formulate a code of self-imposed regu- lation for the broadcast industry. A committee of leading broadcasters will meet in New York City Dec. 5 to con- sider recommendations which it will bring to the board of directors of the NAB in Washington, Dec. 12 and 13. The special committee to meet in New York Dec. 5 will consist of Ne- ville Miller, president of the NAB ; Ed Klauber, CBS executive vice-pres- ident; Lenox Lohr, NBC president; Ted Streibert, Mutual vice-president ; Paul Morency of WTIC, Hartford; Edgar Bill, WMBD, Peoria; and Ed Craney, KGIR, Butte. Trammell Appointed NBC Executive V. P. Niles Trammell, vice-president in charge of the central division of NBC, has been promoted to executive vice- president in New York. He will come to New York on Jan. 1 to take over his new duties. Also promoted to a vice-presidency was Alfred H. Morton, who has been in charge of operations of NBC's owned and operated stations. Mor- ton will assume his new duties im- mediately. Trammell's successor in Chicago has not been appointed as yet. Wagner Sponsors "Final" "Five Star Final," one of the oldest news dramatization in radio, will be heard under new sponsorship begin- ning Dec. 4 from 9 to 9:30 P. M. over WMCA. The sponsor is the Wagner Baking Co. The contract is for 26 weeks. Atlantic Radio Formed Albany, Nov. 27.- — Atlantic Radio and Television Corp. has been char- tered to do business in New York state. Directors are Philip S. Glass, Mary Fracchia and Henry C. Schrei- ber, Long Island City. Congressional Radio Inquiry Gains Headway (.Continued from page 1) Iowa is even now working on a bill to establish a board of review for ex- amination of programs. Herring's prospective proposal amounts to Fed- eral censorship, but he has been a per- sistent critic of "wild" children's programs and other features. It is no secret that the industry is under criti- cism in Congress no less than Con- gress from time to time has been quite critical of the F.C.C., so such an in- quiry ought to be a field day from every angle. Senator White himself, it is said, will sponsor a measure calling for a study of the "outstanding" problems of radio. Presumably this will include chain ownership and control, news- paper control of stations, superpower, international broadcasting, libel re- sponsibility of broadcasters and even patent ownership. That's a pretty broad program, and if such a bill ever comes up in Congress it probably will be a long time on the floor for discussion and disposal. It would not be surprising if the Congressmen found many other items for scrutiny, as they generally do once they get started — it will run from pins to crowbars. Investigation of the F.C.C. has been disavowed by the Senator from Maine. However, it seems assured that any legislation which will be brought up opening the way for a radio probe is bound to get into the commission's ac- tivities and operations. Thus what- ever _ internal friction there may be existing within the commission stands a chance of being investigated before the end of the present session. When the House Appropriations Committee meets in executive hearings on the F.C.C. budget for the coming fiscal year, the ground work for such mat- ters may be laid. Pancoast to Transcribed Edwin A. Pancoast, Jr., formerly with Sound Reproductions & Tran- scriptions, Inc., has joined Federal Transcribed Programs, Inc., as vice- president of sales. FILM CENTER BUILDING Ninth Ave., 44th -45th Sts. A **** Building For the Motion Picture Industry * Lowest insurance rates. * Projection and inspection rooms. * Vaults. * Interior shipping platform. Some buildings have some stars — this building has all stars. For space apply 270 Madison Avenue New York Apparently it's worth plenty to those who want to buy it! Commercial advertisers place a high value on the use of your screen to sell their goods. So why shouldn't you do the same? That screen is YOUR best advertising medium-it can be your best ticket-seller. Don't waste it by using unshow- manlike trailers. A good trailer on your screen is the lowest-cost advertis- ing you can buy. Ever stop to think how little National Screen Service costs? When the BEST is so cheap, there is no economy in using make-shift stuff on that valuable screen. In fact, that is extravagance and unfair to your box-office! National Screen Pre-vues are built to sell tickets-by showmen who have studied screen-salesmanship for years. JOIN THE 12,000 EXHIBITORS NOW USING THE BEST —NATIONAL SCREEN SERVICE PRE-VUES! ATLANTA 147-73 Walton St., N.W. BOSTON 34-38 Melrose St. CHARLOTTE 219-21 Mint St. CHICAGO 1307 So. Wabash Ave. CINCINNATI 119 West Central Pkway. CLEVELAND DES MOINES DETROIT DALLAS DENVER 2144 Champa St. MEMPHIS 500 So. 2nd St. IOO31/2 High St. MINNEAPOLIS 1 105 Currie Ave. 2949 Cass Ave. NEW ORLEANS 1431 Cleveland Ave. 2012-14 Jockson St. LOS ANGELES ... 2018 So. Vermont Ave. 2334 Payne Ave. KANSAS CITY 1704 Wyandotte St. NEW YORK 430 Ninth Ave. PHILADELPHIA 1201-07 Vine St. SAN FRANCISCO, 148 Golden Gate Ave. ST. LOUIS 3318 Olive St. SEATTLE 2418 Second Ave. WASHINGTON, D. C. 920 New Jersey Ave., N.W. Alert, Picture Industry MOTION PICTURE DAILY 44. NO. 105 NEW YORK, TUESDAY, NOVEMBER 29, 1938 TEN CENTS Refunding Is Extended To March 15 Plan Is Expected to Be Successful Warner Bros, board of directors, yesterday, voted to extend to March 15, the time when holders might avail themselves of exchanging their pres- ently held optional six per cent con- vertible debentures (due 1939) for new debentures (1948), under the company's refunding plan. This is the third such extension, since the plan was first proposed. The previous time limit was Dec. 1. It is expected that since the pres- ent debentures do not expire until September, 1939, that Warner Bros, shall succeed in obtaining the required amount to put through the plan of (Continued on page 8) Columbia Quarter Net Loss $233,612 Net loss of $233,612, after all charges and provision for Federal and other taxes, is reported by Columbia for the first quarter of its fiscal year, ended Sept. 24. At the end of the period the com- pany's working capital amounted to $10,740,000, of which approximately $2,300,000 was in cash. Gross income for the quarter amounted to $4,469,- 770 ; amortization of production costs, $2,803,631, and general, administrative and selling expense was $1,590,841. Ratio of current assets to current lia- bilities is over eight to one. Repeat Program San Francisco, Nov. 28. — Glenn Dolberg, NBC program director here, got his cues mixed at his own wedding. Although the license was ob- tained on this side of the bay, Dolberg and Eleanor Rennie, contralto, were married in Oakland. When the minister signed the license he noted the mistake, and the entire wedding party motored across the bridge for a sec- ond ceremony. Balaban Ordered To Appear in US Contempt Action Chicago, Nov. 28. — Federal Judge Woodward today set Thursday, Dec. 1, as the date for hearing motions by defense attorneys for a bill of particu- lars in the Government anti-trust suit against Barney Balaban, Paramount president ; Balaban & Katz circuit and major companies except Columbia. The court also ordered that Bala- ban appear in person. Considerable controversy arose over the Govern- ment attempt to impound letters and contracts between the majors and B. & K. until the trial. The documents are also being used in the trust ac- tion of Chicago independents against B. & K. Defense attorneys protested that Balaban's appearance would be difficult to arrange and unnecessary, but the Government's attorneys in- sisted and the court ordered it. Robert L. Wright represented the Government today. The defense plans to ask the court to set Jan. 12 as the date for filing answers, it is under- stood. Gainsborough Makes Quota Films for 20th Century-Fox London, Nov. 28. — Twentieth Pro- ductions, Inc., British subsidiary of 20th Century-Fox, has closed with Gainsborough (Gaumont British) whereby the latter firm will undertake 20th Century's quota production re- quirements. It is understood that 20th Century will require eight films which Gains- borough will make, and that for this purpose, an arrangement has been con- cluded by which these pictures shall be produced under 20th Century su- pervision, of course, at the Gainsbor- ough studios. Twentieth Century production, here, is under direct supervision of Robert Kane, who, it is granted will direct the entire arrangement. Additionally, 20th Century obtains full access to and the employment, if needed, of all Gainsborough players, writers and even scripts. Also, Mau- rice Ostrer and Edward Black, Gains- borough producers, go along with the deal. DIVORCEMENT IS SEEN IN 2 YEARS Coast Ready to Meet Andrews On Wage-Hour Hollywood, Nov. 28. — Application of the Wages and Hours bill to film production is expected to be decided here this week when Elmer F. An- drews, national administrator, arrives. Andrews is scheduled to speak in Los Angeles Friday and is expected to confer with business leaders about the measure. Meanwhile, a conference has been set for Wednesday between studio at- torneys and union representatives to discuss possible revision of the basic labor agreements with five Interna- tionals which provide for a 54 to 60 hour week. It is generally agreed that wages in the studios comply with the act's minimums, but different inter- pretations have been placed on pro- visions for maximum hours. Al- though there is no local office of the Wages and Hours Administration (Continued on page 8) Schaefer, Freeman, Blumberg on Coast Hollywood, Nov. 28. — George J. Schaefer, RKO operating head, ar- rived today for his first visit to the studios since assuming control of the company. He may return to New York before Christmas. Y. Frank Freeman, vice-president of Paramount, will arrive Thursday at the Paramount studio. Nate J. Blumberg also arrived here today. He will spend two weeks con- ferring with studio heads on Univer- sal's new product. Boris Morros Out of Para. After 15 Years Hollywood, Nov. 28.— Boris Mor- ros, musical director and associate producer at Paramount, resigned to- day, effective Jan. 1. Morros joined the studio in 1936 and prior to that time was musical director and pro- ducer of stage shows for Paramount theatres for 13 years. Radio — Page 7 Legislation or US Suit To Bring It About, Showmen Believe If not by court action from the Government, divorcement will be here by legislation, within two years, some showmen believe, once the North Dakota separation statute is sustained by the U. S. Supreme Court, where it is now pending on appeal. There is difference of opinion in the trade whether the companies should fight the New York anti-trust suit, or yield. Among those involved, one big major company is so convinced that divorcement must come, that it is already busily engaged trying to find a way to separate its exhibition side from production and distribution, to retain exhibition only. That North Dakota law has a lot to do with this attitude. It is believed that, once approval of the statute outlawing producer and distributor owned theatres in North Dakota is upheld in Washington, agitation will (Continued on page 8) Shareholders Sue To Halt Pathe Plan In an effort to block a spe- cial stockholders' meeting called for Dec. 13 to consider dissolution of Pathe Film Corp., Anna Bashlow and 15 other stockholders filed suit in the N. Y. Supreme Court yesterday for an injunction to restrain the meeting. The complaint declares that Pathe will receive an inadequate exchange for its assets and asks that the stockholders be enjoined from voting ap- proval of the resolution of the board of directors which was passed Nov. 19. Together, the 16 stockhold- er-plaintiffs claim to hold 2,245 shares of stock. Named as defendants are Pathe, O. Henry Brigers, Henry J. Guild, Robert McKinney, Robert R. Young, Charles A. Stone, Louis Phillips and Gurdon Wattles. To take advantage of 1938 Revenue Law pro- visions, liquidation must be completed in December. MOTION PICTURE DAILY Tuesday, November 29, 1938 i Purely Personal ► FRANK DONOVAN, Pathe News production manager, left yester- day for the Chesapeake marshes of Maryland to supervise a Sportscope on wild geese hunting. He will work with Eltinge F. Warner, publisher of Field & Stream magazine; Joe Walsh, Pathe sports editor, and a camera crew. • M. B. Horwitz, general manager of the Washington circuit, treasurer of I. T. O. of Ohio, and director of National Allied, is at Lakeside Hos- pital, Cleveland, with pneumonia. • Rouben Mamoulian will compare stage and screen techniques in a talk before the Columbia University film study class tonight at the Museum of Modern Arts Film Library. • Arthur A. Lee, G. B. vice-presi- dent and general manager, leaves to- day for the Buffalo, Cleveland and Detroit branches. He is due back the end of the week. • Robert Gillham, Paramount ad- vertising and publicity director, will leave for another studio visit this week. He was there only three weeks ago. • George Sherman, Republic pro- ducer who has been vacationing here, leaves for the studio tonight to start his fifth "Mesquiteers" film. • Charles E. McCarthy, 20th Cen tury-Fox advertising and publicity head, is due back Thursday from a Caribbean cruise. • William F. Barrett, G. B. home office representative, left yesterday for a two-week visit to midwestern ex- changes. • Arthur Dickinson of the M.P. P.D.A. returned to New York yester- day from a tour of midwestern and eastern exchanges. • Jack Skirball, Grand National production executive, has delayed his trip to the coast until Friday. • Leonard Schlesinger, Warner ex- ecutive, returned yesterday from a Bermuda cruise. • Y. Frank Freeman left for the coast yesterday. David O. Selznick left for the coast by train yesterday. MITCHELL MAY, Jr. CO., INC. • INSURANCE Specializing in requirements of the Motion Picture Industry 75 Maiden Lane, New York 510 W. 6th St. Los Angeles Out Hollywood Way Hollywood, Nov. 28. — George San- ders has been signed to play the lead in RKO's "The Saint" series, replac- ing Louis Hayward, originally sched- uled. Hayward, who made the first of the series, is with Edward Small, preparing for the title role of "The Man in the Iron Mask." . . . Wendy Barrie has been signed by RKO for three pictures, first of which will be in "The Saint Strikes Twice" . . . Jimmy Durante is out of the cast of "Song of the West," M-G-M, because his Chicago night club engagement would not permit him to come to the coast . . . Gale Page will play oppo- site Edward G. Robinson in "Brother Orchid," at Warners. Next of Warners' patriotic shorts will be "The Story of Benjamin Franklin," with John Litel as usual in a leading role, and Crane Wilbur will direct . . . Universal has placed Robert Wilcox and Constance Moore in "Forgotten Boys," which Max Golden will produce . . . Frank Ross, story editor for Hal Roach, becomes associate producer on Roach's "Captain Midnight," in addition to carrying on his other duties. Brian Aherne and Victor McLaglen will be starred . . . George Raft and Dor- othy Lamour will be co-starred in Paramount's "Two Time Loser," original by Arthur Sheekman. + Casting — Walter Connolly to "Huckleberry Finn," M-G-M. . . . Maxie Rosenbloom to "Sweepstakes Winner," Warners . . . Evelyn Keyes and Regis Toomey to "Union Pacific," Paramount . . . James Burke and Olin Howland to "Dodge City," Warners . . . Jane Wyman to "Broadway Cavalier," Warners . . . John Miljan to "Oklahoma Kid," Warners . . . Frank Mayo to "Al- ways Leave Them Laughing," War- ners" . . . Judith Allen will appear opposite Frankie Darro in "Tough Kid," Monogram . . . Billy Gilbert to "The Awakening of Katrina," M-G-M . . . Peggy Ryan to "The Flying Irishman," RKO . . . Mau- rice Moscovich to "Love Affair," RKO . . . Lionel Barrymore draws a chief supporting role to Nelson Eddy in "Song of the West," M-G-M. + Contracts — Warners extend the con- tracts of Vincent Sherman, Don Ryan, Aneas Mackenzie, Ivan Goff, Wally Klein, writers, and Ronald Regan, player . . . M-G-M has extended the contract of George Murphy, player ; Norman Taurog, director . . . Andrew Stone gets a one-year pact extension at Paramount as a director. + Writers — ■ Paramount assignments : Brian Marlow on "Me and My Gal" ; Laura and S. J. Perelman on "Campus Dormitory" and Lewis Foster on the Gene Krupa vehicle; George Bruce on "Navy Nurse" . . . Anthony Coldeway working on the script of Warners' "Student Nurse," and Warren Duff on "Glitter" . . . Jack O'Donnell is preparing "Pro- bation Nurse," Franklin Coen, "Women Make News," Michael Sheridan and Steve Vass on "Capi- tal Punishment," all at Republic. + Directors — Warners has assigned William Clemens to direct "Torchy for Mayor," William McGann, "Hell's Kitchen," Noel Smith, "Smashing the Money Ring." Hollywood Preview Exposed" (Universal) Hollywood, Nov. 28. — Comedy, melodrama and romance are the chief elements of "Exposed." The three, plus the inclusion of several topical asides, are so put together that suspense contingent upon each is well developed. Able acting on the part of Glenda Farrell; Otto Kruger, Herbert Mundin, Lorraine Krueger, Charles D. Brown, Bernard Nedell and Richard Lane put life into the George Bilson story which Milton Gropper, Charles Kaufman and Franklin Coen adapted and which Harold Schuster directed. The photographing of down-and-outer Kruger by Miss Farrell, candid- camera enthusiast, results in a libel suit for her and her picture maga- zine. The incident also starts Miss Farrell out on an unusual adventure It leads her into palming off her dumb roommate, whose father, Kruger, a one-time prosecutor, had sent to the chair, as the executed man's daughter. But when Kruger makes partial amends to her by passing over the settlement money, which is quickly returned to the place from which it came, the troubles of the three really begin. A gangster, Nedell, discovers the fraud and threatens to shake down everybody. To get evidence on him, Miss Farrell begins photographing the depredations of the gang of which he is a minor member. All the excitement leads to the breaking up of a racket and forces a confession of the murder for which an innocent man was electrocuted. Love for the now re-estab- lished prosecutor causes Miss Farrell to forget all about taking pictures. The film is keyed to situations where a lot of exciting thrill action served up in fresh and unique style, a liberal amount of comedy and just enough romantic love interest are appreciated. Running time, 60 minutes. "G."* G. McC. *"G" denotes general classification. Short Subjects "Defying Death" ( Vitaphone) Story of slum clearance and the danger of slums are graphically por- trayed by Floyd Gibbons. He finds a group of workmen destroying a tene- ment and tells the story of a woman who rescued her two children during a fire. Finding all avenues of esa>r>e cut off, she places the tots in p& slips and ties them around her ntcK. Then she escapes from the building via a clothes line. Gibbons intror' -s the woman and the children ...jo actually experienced this adventure. Exciting and authentic. Running time, 12 mins. "G."* "The Whalers" (Disney-RKO) Mickey Mouse, Donald Duck and the gang herein are whalers, with Donald the lookout, the horse in charge of the harpoon cannon. When the latter fires himself with the har- poon, lands in the mouth of the whale, and the beast is attacked with a vio- lent fit of coughing, while Donald goes to the rescue, the result is an- other Disney laugh-provoke r. Running time, 7 mins. "G." "A Date to Skate" ( Fleischer-Paramount ) Popeye decides to teach Olive Oyl how to roller skate. After some trial trips around the rink, Olive gets the idea. Just as she has learned, how- ever, Popeye crashes into her and the impact sends her careening through the city streets. The rescue efforts are funny. Running time, 7 mins. "G."* "Puerto Rico — Land of Enchantment* (Universal) Interesting and well done, this Cook's tour of our island possession blends its history and modern fea- tures, and one gets the impression that it is a garden spot. The history goes back to the 15th century, to Col- umbus and Ponce de Leon. The land- marks are well described. Running time, 10 mins. "G."* MOTION PICTURE DAILY (.Registered U. S. Patent Office) MARTIN QUIGLEY, Editor-in-Chief and Publisher; SAM SHAIN, Editor; JAMES A. CRON, Advertising Manager. Published daily except Saturday, Sunday and holidays by Quigley Publishing Com pany. Inc., Martin Quigley, president: Colvin Brown, vice-president and treasurer Publication office: 1270 Sixth Avenue at Rockefeller Center, New York. Telephone: Circle 7-3100. Cable addresss: "Quigpubco New York." All contents copyrighted 193R by Quigley Publishing Company, Inc. Address all correspondence to the New York office. Other Quigley publications: Motion Picture Herald, Better Theatres, Teatro al Dia, International Motion Picture Almanac and Fame. BUREAUS: — Hollywood: Postal Union T.ife Building. Vine and Yucca Sts.; Boone Mancall, manager: William R. Weaver, editor. Chicago: 624 S. Michigan Ave., C. B. O'Neill, manager. London: 4 Golden Square. W. I: cable address, Quigpubco, London: Hope Williams, manager. Entered as second class matter Sept. 23. 1938, at the post office at New York, N. Y.. under the act of March 3, 1879. Subscription rates per year $6 in the Americas and $12 foreign. Single copie* 10c. RDYS V >Aett°bO Ge0Tg^ I I w The new Judge Hardy Family picture "OUT WEST WITH THE HARDYS" in its first 34 engagements is the biggest M-G-M hit in a season of hits! It is doing the best business of the entire Hardy series, including the previous record-breaker "Love Finds Andy Hardy/' It is beating "Boys Town", "Too Hot To Handle" and all the biggest MLG-M "A"ttr actions! (AS WE GALLOP TO PRESS! "Out West With The Hardys" Held Over 2nd Week in 29 Out of 34 Openings!) 'Metro- Goldwyn- m'A 'yer, the Friendly Company MOTION PICTURE DAILY Hollywood Preview "Out West with the Hardy s" (M-G-M) Hollywood, Nov. 28. — M-G-M had to devise a sure-fire plot for the Hardy Family picture to follow "Love Finds Andy Hardy" and found it in the good old-fashioned Western formula wherein an avaricious rancher seeks to acquire an honest neighbor's acreage by depriving him of his water supply. This is the deeply buried but efficacious foundation of the fifth unit in the Hardy series and upon it has been erected a series of incidents individually and collectively strong enough in human interest and humor to keep the preview audience completely captivated. To George B. Seitz, director, and to Kay Van Ripper, Agnes Christine Johnston and William Ludwig, a salvo for solving a difficult box-office problem triumphantly in the screenplay. Prominently handled in the action are the experiences of Mickey Rooney on arrival at a ranch, his attempts to become a bronco buster, his repeated embarrassment by an 8-year-old girl (Virginia Weidler), expert in horsemanship, firearms and other manly pursuits, his heart- break when disaster of his making overtakes her horse — a memorable sequence that brings spontaneous applause, after tears — and, as a sort of postscript to the picture proper, his readjustment of a misunderstanding with his steady girl, Ann Rutherford. There are, additionally, several of those "man-to-man" talks between Rooney and Lewis Stone, each one packed with audience value, an amusing romantic interlude shared by Cecelia Parker and Gordon Jones as a robust ranch foreman, and a homely introductory passage in which Fay Holden registers soundly as a housewife bent on spring cleaning. Ralph Morgan and Xana Bryant portray effectively in little footage the ranch owners Judge Hardy goes West to rescue from threatened ad- versity. The film is at its best in the western setting, which accounts for about 90 per cent of the running time. Running time, 84 minutes. "G."* Roscoe Williams. New York Preview "Pygmalion" (Pascal-M-G-M) Sophisticated audiences may be expected to rave over this delightful whimsy. As translated for the screen by Gabriel Pascal with the direc- torial assistance of Anthony Asquith and Leslie Howard, who also stars, this first of Bernard Shaw's plays to be made into a film has disproved the sage's fears that picture producers are incapable of understanding the spirit of his work. The story is basically the development of the Cinderella theme, but with an originality' that contains many surprises to filmgoers. Many Americans, however, will find the English inflections hard going. Howard is always master of his role as the impulsive Professor Hig- gins, specialist in phonetics, who accepts a challenge to transform a Covent Garden flower girl — guttersnipe, he calls her — into the social equal of Mayfair's best. But it is Wendy Hiller who will be hailed, for her ability no less than for her freshness and charm. She delivers an overshadowing performance as the wistful Cockney waif, Eliza Doo- little, who submits to the professor's molding of her into a lady. Shaw's brilliant philosophizing becomes verbose at time, and this is the picture's only weakness, which the directors evidently sought to avoid by keeping camera and actors in motion. Viewed largely, the film emerges as a burlesque on English middle class manners and morals, literate entertainment done with near perfection. Wilfred Lawson is priceless as Mr. Doolittle, and the other parts are excellently taken by a cast which is mostly renowned on the English stage. Running time, 87 minutes. "G."* Al Finestone 4 Kent Heads Group Going West Dec. 8 For Product Talks Sidney R. Kent, president of 20th Century-Fox, will head a home office delegation leaving Dec. 8 for the coast to attend a meeting with Darryl F. Zanuck, Joseph M. Schenck and other studio executives. The 1939-'40 production budget and sales policies are expected to be set at the meeting, which is scheduled for Dec. 12 and is expected to last most of the week. This is the first instance in the history of the company that field executives have been called in to aid in directly setting the budget and de- ciding other plans for the coming year. Zanuck will outline 1939 production plans, and films completed for release in the first quarter of the year will be screened. Sol M. Wurtzel will dis- cuss plans for his films under the higher budget policy put into effect last week. William Goetz will also participate in the meetings, which will be at- tended by division and district mana- gers and others. Jersey Allied Will Hold Meeting Today Allied of New Jersey will hold a meeting today at the Cochrane House, Newton, as one of a series of meetings to be held outside New York. New York Allied has scheduled a statewide meeting for next Monday at the Statler Hotel, Buffalo. Max Cohen, president, and others from New York will attend. Roberto Soto Seeks Own Mexico Film Mexico City, Nov. 28. — Roberto Soto, Mexico's fattest stage actor, who had a bit part in Paramount's "Tropic Holiday," has turned film producer. He is making "La Marcha Zacate- cas" ("Zacatecas March"), story of Mexico's most stirring march. Reel-Union Talks Set Conference between M. P. Labora- tory Technicians, Local 702, and Para- mount Newsreel officials is set for to- day. The union seeks recognition and a closed shop for lab employes. Jack Rugge, president of 702, and Richard Walsh, of the I. A. T. S. E., will act on behalf of the union. Miss Peck Ohio Censor Cincinnati, Nov. 28. — Jessie Peck, Fostoria, has been appointed assistant censor by E. N. Dietrich, state direc- tor of education. The board has been functioning with only two members since March when the post of assistant censor, held by Edith Leutti, was abolished. Dillon to Diamond House Kansas City, Nov. 28. — Elmer Dillon, formerly with Warners, has gone to Arkansas City, Kan., to man- age the Howard, which Gus Diamond recently acquired. Rosenblatt in Georgia Sol Rosenblatt spent the Thanksgiv- ing Day holidays at Warm Springs. "G" denotes general classification. Remodel Ontario House Toronto, Nov. 28. — Sam Ulster and Sidney Goldstone, Toronto indepen- dents, are remodeling the Royal in Peterboro, Ont, a 600-seat house which has been dark for years. Aust, Brin Take House Seattle, Nov. 28. — Paul R Aust, owner of the Broadway, and L. K. Brin, former local Grand National branch manager, have acquired the Empress in Spokane. Tuesday, November 29, 1938 Toys For Admission New Haven, Nov. 28.— WELI here will cooperate with the Salvation Army by broadcasting a Christmas Party from the Auditorium, charging a 25-cent toy admis- sion to the broadcast. Ap- peals for toys and clothing are also being made by the station, to be picked up by the Salvation Army. £- Variety Club Indianapolis Indianapolis, Nov. 28. — Fred Greexberg, Warner branch manager, has been elected chief barker of the Indianapolis tent succeeding A. C. Zaring. Other officers are Louis Stockman, first vice-president; Lawrence Shub- xell, second vice-president ; Al Blocher, treasurer, and Sol Green- berg, reelected secretary. Board of directors includes three past presi- dents, Zaring, Carl Niesse and Marc Wolf, with Wade Willman, Harry Markun, Earl Penrod, Claude McKean, Sam Gardner and Tom Baker. Washington Washington, Nov. 28. — A. E. Lichtman has been elected chief barker of the Washington Variety Club. Hardie Meakin was named first assistant chief barker; Sidney Lust, second assistant chief barker ; Harry Brown, secretary, and Sam Galanty, reelected treasurer. Ray Bell was renamed executive secretary and A. Julian Brylawski, the club's cur- rent chief, was voted delegate to the council of the national Variety Club. Cincinnati Cincinnati, Nov. 28. — Local tent is scheduled to have a house-warming upon completion of remodeling, which includes the addition of two adjoin- ing rooms, with the event set for about two weeks. Louis Wieth, of the suburban Bond, has been accepted as a resident member. Cleveland Cleveland, Nov. 28. — Nat Wolf, Variety Club chief barker, has ap- pointed M. B. Horwitz head of the Charity Fund committee. Assisting Horwitz on the commit- tee are I. J. Schmertz, Frank D. Drew, Henry Greenberger, Herbert Ochs and Jack Shulman. Otter son-Thomas Set Harry H. Thomas, independent dis- tributor, will handle eastern distribu- tion of John E. Otterson's Tri-Nation- al Films releases under a partnership deal just completed. The deal is the first in Tri-National's plans for na- tional distribution of its imported films. Plan Carolina Theatre Concord, N. C, Nov. 28. — North Carolina Theatres. Inc.. will open a structure costing about $75,000. SPR4N IxceP<"*e*a° ...y even bi99«< season excep pening day "A»ex«>nder ^ Alexander (paraniouni)'°p » opene'- ' but "Alexander op thing b0* v_Seo*°nS _j<< except »,e ^_ opening *OP1' BO«A^° ^Useoson. g ,cppe< lucent ' iCr^seOSOn' a opening. '<><*ed „t this house tn rd op even *" > Alexander • Sensor That's 20th s ' TR HQ X CO s P H O s o H O s CD g o e© s? K S 0*^ Ik. O -■«■» M SO 09 Tf t* ss OQ » I J* cog Si I? ft. eo UK § ft? eo e b < K O M ^./-v a g s « — ' is ~S ° bo | u ^ z to bO^ ejOO*-' J3 00 si S « o co O ON, yj oo -° 4) ^ ake cutting rooms. ^nished were : "Trigger Pals," Cinemart; "The Awakening of Kat- |veoU," M-G-M; "Tough Kid," "Wild h Trail," Monogram ; "Persons in Hiding." "Bulldog Drummond's Secret Police," Paramount; "The Great Man '.. Votes," "Beauty for the Asking ," "Arizona Legion," RKO ; "Fighting Thorobreds," Republic; "Tail Spin," "The Little Princess," 20th Century- Fox. Started were : "Lone Wolf No. 1," "Let Us Live," Columbia; "Huckle- berry Finn," "Broadway Serenade," "Song of the West," M-G-M; "The Lady's from Kentucky," "I'm from Missouri," Paramount; "The Flying Irishmna," RKO; "The Mysterious Miss X," Republic; "Mr. Moto in Porto Rico," 20th Century- Fox ; "You Can't Cheat an Honest Man," Uni- versal. In addition to these, shooting were : "Racketeers," Columbia; "Ice Follies of 1939," "Burn 'Em Up O'Connor," "The Wizard of Oz," "Idiot's De- light," "I Take This Woman," "Hono- lulu," M-G-M; "Cafe Society," "Never Say Die," "Union Pacific," "Hotel Imperial," "Midnight," Para- mount; "Fisherman's Wharf," Prin- cipal-RKO; "Love Affair," "The Castles," RKO; "It's Spring Again," Roach; "Charlie Chan in Honolulu," "Wife, Husband and Friend," "Dan- gerous Cargo," 20th Century-Fox; "Newsboy's Home," "The Son of Frankenstein," Universal ; "Stage Coach," Wanger; "Dark Victory," "Oklahoma Kid," "Yes, My Darling Daughter," "Always Leave- Them Laughing," "Nancy Drew, Reporter," "Dodge City," "Juarez," "Broadway Cavalier." Warners. M-G-M started two short subjects and RKO one. Five are being pre- pared; two finished, and 11 are being edited. $50,000 Blast Damage Hollywood, Nov. 28. — Damage caused by a blast last night at the Wil- liam's Laboratory, an independent firm, was estimated at $50,000. No one was hurt by the blast which oc- curred in the developing room. Four employees who, by chance, were in the front office, narrowly escaped in- jury. Int'l Casino Plans Refugees' Benefit Employes and management of the International Casino will participate in a benefit dinner for German refugees at the Casino on Dec. 18. Actors in the floor show and other employes will work without compensation for the evening. The management, for its share, will provide the meal at cost. A dinner will be served at $5 and $10 a plate and the entire evening will be given over to the event, with no sup- per patrons accepted. Borough Presi- dent Stanley Isaacs will act as honor- ary chairman, Robert M. Christen- berry will be chairman, and a number of unions will be represented on the committee. Harry Calkins, eastern organizer for the American Federation of Actors, will serve for the actors. Specific organizations which will share in the proceeds will be named this week. Cagney, O'Brien Are W. B. Drive Captains Pat O'Brien and James Cagney have been designated as captains of the western and eastern divisions, re spectively, of the Warner Sears sales drive, which begins Dec. 25 and runs 16 weeks, through April 16. O'Brien will head the western and southern division of Ben Kalmenson and Cagney the eastern and Canadian division, managed by Roy Haines Prizes totaling $25,000 will be dis- tributed to winning districts and branches. Carl Leserman, assistant sales manager, is coordinator of the drive. To Vote on AFA Terms San Francisco, Nov. 28. — Ratifica tion of the 1939 contract of the Amer ican Federation of Actors will be voted on Dec. 5 by the local. A $35 $50 per week scale is provided. Up for reelection at the meeting will be Al Smith, local representative ; Charles Renard, business agent, and Connie Mitchell, treasurer. Close Coast Drive Office December 3 Hollywood offices of Motion Pic- tures' Greatest Year will close Dec. 3, following completion of the corre- ation of coast activities with the na- tional drive. Gabe Yorke, on leave from the coast Hays office, headed the organization here. During a large part of the campaign, the office oper- ated as a coast publicity bureau, with George H. Thomas in charge. Renew Texaco Show With Talent Changes Hollywood, Nov. 28. — Texaco The- atre of the Air which bowed in over CBS from here with Max Reinhardt, Una Merkle, Adolphe Menjou, Ned Sparks, Charles Ruggles and Jane Frohman has been renewed for anoth- er 13-week cycle, but with various changes in staff to be effected. Reinhardt's option has been dropped and Billy Bacher, who formerly di- rected but half of this program, will now assume production charge of the entire hour. Another change will find Frances Langford replacing Miss Frohman and the renewals of Sparks and Miss Merkle are to be decided up- on next week. John Barrymore has previously been announced as replac- ing Menjou. WOV to Restrict All Program Commercial A new restrictive policy will be placed in operation by WOV-WBIL, New York, on Jan. 1, when announce- ments on commercial programs will not be allowed to exceed 20 per cent of the broadcast time. Also to be- come effective the first of the year is the limiting of spot announcements to 20 seconds. Word of this new policy is to be made known this week by a letter to all advertising agencies from Hyla Kiczales, general manager of the sta- tions. (Cat and Canary* Sold By "U" to Paramount Hollywood, Nov. 28.— "The Cat and Canary" was purchased by Para- mount from Universal today. Bob Hope and Martha Raye will be starred. It was produced by Univer- sal in 1927 as a silent film. Richard Ince Killed In Motorcycle Race Oakland, Cal., Nov. 28. — Richard Ince., 23, son of the late film producer, Thomas H. Ince, was killed yesterday in a crash with two other motorcycles in the 200-mile Pacific Coast motor- cycle championship race here. Ince was thrown headlong against a fence. Charlie Chan's Son San Francisco, Nov. 28. — Sen Yew Cheung, 23, son of a local Chinatown importer, has been selected as the new Charlie Chan's No. 1 son. Cheung, a graduate of the University of California, was in Los Angeles in his capacity as salesman for a local chemical company when he was spotted by a 20th Century-Fox scout and screen tested, among scores of others. Via Rose, King Wed San Francisco, Nov. 28. — Ula Rose actress, cousin of Billy Rose, and Bruce King, Hollywood actor, were married here. WMCA Ground System WMCA yesterday placed in opera- tion a new ground system which pre- vents absorption of its signal by the earth and thus increases the station's signal strength without the use of in- creased power or additional antenna equipment. Permission for the in- stallation and use of the new system was granted WMCA by the F.C.C. last summer. Phila. Exhibitors Give Up Game Fight Philadelphia, Nov. 28. — Indepen dent exhibitors here gave up their fight in state Supreme Court today to legalize theatre use of Bingo Bango and similar prize games. The case originated when the Palm Theatre sought an injunction to re- strain Philadelphia police from inter- fering with the games. Common Pleas court refused the application and an appeal was taken with a number of other theatres throughout the city joining in the action. After several court setbacks, attorneys for the ex- hibitors advised the state Supreme Court today that the appeal action was being withdrawn. FCC Calendar Washington, Nov. 28. — Federal Communications Commission has set broadcast application hearings during the current week as follows : Nov. 30, before an examiner : Ap- plications of John F. Nolan for a new 1,310-kilocycle, 100-watt, day- time station at Steubenville, O., and KTOK, Oklahoma City, for increase of day power from 100 to 250 watts. Dec. 1, before an examiner: Ap- plications of Larry Rhine for a 1,420- kilocycle, 100-watt station at San Francisco ; Cascade Broadcasting Co., Inc., for a 1,420-kilocycle station at Everett, Wash., with 100 watts night, 250 watts day, and KRKO, Everett, Wash., for extension of time from sharing to unlimited and increase of power from 50 to 100 watts night, 250 watts day. Dec. 1, before the commission: Ap- plication of Asheville Daily Nezvs for a 1,370-kilocycle, 100-watt station at Asheville, N. C, and contesting ap- plications for a new station at Pon- tiac, Mich., of King-Trendle Broad- casting Corp., 1,440 kilocycles, 250 watts ; Pontiac Broadcasting Co., 1,100 kilocycles, 1,000 watts, day only, and George B. Storer, 600 kilocycles, 250 watts. "Harum" Is Renewed For Year by Babbitt B. T. Babbitt Co., sponsoring "David Harum" on the NBC-Red, Mondays through Fridays from 11 to 11:15 P. M., has renewed the series for another year, effective at the close of 1938. Blackett-Sample-Hummert handled the placement. Another renewal just placed is by the Jacob Ruppert Brewing Co., spon- soring the musical series, "Relaxation Time" over WEAF. The renewal, for 13 weeks, becomes effective Dec. 20. Lennen & Mitchell is the agency. John Peltret Dies San Francisco, Nov. 28.— John Peltret, advertising and publicity director for the Clay here, and one time advance man for eastern road- show attractions, died here after a brief illness. /. Wilson Roy Passes Albany, Nov. 28. — J. Wilson Roy, 70, father of Andrew Roy, manager of Warners' Strand, and himself a former dramatic critic and once press agent for Sir Thomas Lipton, died here after a short illness. CBS Dedicates Show To WLW Transmitter A special broadcast dedicating the opening of the new 50-kilowatt trans- mitter of WLW has been scheduled by CBS tomorrow from 10 to 10:30 P.M. WLW is the network's af- filiate in New Orleans. Appearing in the broadcast will be Gov. Richard W. Leche of Louisiana, Mayor Robert Maestre of New Orleans, Father Har- old Gaudin, president of Loyola Uni- versity, and Andre Kostelanetz's orchestra. "Jury Trials" Taken By Two New Sponsors "Famous Jury Trials," sponsored cooperatively on the Mutual network, has just been sold to clients Tn Cin- cinnati and San Francisco. In Cincinnati, over WSAI, the se- ries will be presented by the Bavarian Beer Co., and in San Erancisco, over KFRC, it will be heard under the aus- pices of the Yellow Cab Co. "Mrs. Wiggs" Off Dec. 23 "Mrs. Wiggs of the Cabbage Patch," long a network serial fea- ture, will fade from the air Dec. 23. Sponsored by Bisodol, the program has been heard six mornings weeklv, from 10 to 10:15 A. M. on NBC. MOTION PICTURE DAILY 8 Divorcement Held Likely In Two Years {Continued from page 1) follow throughout the country for various legislatures to enact similar statutes in other states. Relation of the Government's anti- trust suit to this separation law may be incidental but certainly important. Fact is that in the Government's com- plaint, the Department of Justice was frank in warning the defendants that should the remedies sought by the suit not be had by court action, then remedial legislation to achieve the same purpose would be sought. Therefore, it appears the industry has but the one choice, under the present circumstances or outlook. The anti-trust suit might very well prove an excellent exploratory ground from which the Government experts would find a foundation upon which to build future discriminatory legislation against the big firms. Whether divorcement will be a boon to business and an advantage to the industry, as a whole, is a matter of opinion. There are opposite schools of thought on this. There are showmen who believe that once the complex financial and mer- chandising adjustments shall have been made, divorcement will not entail any industry hardship. These also re- gard theatre expansion as a natural and essential phase of industry de- velopment. On production, these experts see a good effect, in that this field would be broadened and provided with greater opportunities for independent action and new producers, which advantages would impress their good effect also on the theatre screen and theatre operation. Milwaukee Operators Refuse Cut in Wages Milwaukee, Nov. 28. — Operators' union, Local 164, has refused the ex- hibitors' request for a \2l/2 per cent reduction in wages, but negotiations to secure relief are being continued by the theatre owners. County exhibitors have a two-year contract with the union, providing a 2l/2 per cent increase Nov. 1, which the theatre operators have been obliged to pay. Admissions among subsequent runs here are dropping with an increasing number of spots playing 10-cent nights several times a week. Not only inde- pendents but at least six Fox neigh- borhood houses are running 10-cent nights. Monogram Deals Are Set in 19 Circuits Product deals with 19 circuits have been closed by Monogram recently. The circuits are Schine, Wilby-Kin- cey, Martin, Sparks, Publix-Great States, Cheseborough, Jefferson Amusement, Central States, Pioneer Theatres, Dickinson, Warners, Pub- lix-Rickards, Popkin & Ringer, Affili- ated (New Orleans), Strand Enter- prises, Rosenblatt & Welt, Comerford- Publix, E. K. Taylor and Saenger. "Lorelei" Tonight "Lorelei," an anti-Nazi play by Jacques Deval, the opening of which has been postponed several times, is finally set to open tonight at the Longacre. Richard Aid- rich and Dennis King are producing the play in asso- ciation with Sir Cedric Hard- wicke and Richard Myers. The cast includes Philip Merivale, Doris Nolan, Den- nis Hoey, Viola Roache, Arnold Korff and others. Coast Ready to Meet Andrews On Wage-Hour (Continued from page 1) here, it is regarded as possible that Andrews may appoint a local admin- istrator during his visit. Harold V. Smith, I.A.T.S.E. repre- sentative, plans discussions with studio managers before Wednesday and ex- pects to reach a tentative decision on the hour problem before the confer- ences get under way. Any decision reached, however, will be subject to approval by Andrews. 19 Films Approved By Decency Legion National Legion of Decency for the current week approved all 19 pictures reviewed and classified, 14 for general patronage and five for adults. The new films and their classification follow : Class A-l, Unobjectionable for General Patronage — "Ballerina," "Blondie," "Cipher Bureau," "Come On, Rangers," "The Cowboy and the Lady," "Gang Bullets," "Law West of Tombstone," "Lily of Killarney," "Little Tough Guys in Society," "Out West with the Hardys," "Santa Fe Stampede," "Sixty Glorious Years," "Titans of the Deep" and "Wild In- nocence." Class A-2, Unobjectionable for Adults — "Pygmalion," "Ride a Crooked Mile," "Say It In French," "The Storm" and "Trailer Romance." Elliott's Injury May Delay Suit in Phila. Philadelphia, Nov. 28. — Herbert Elliott, local exhibitor, who is plaintiff in the most recent anti-trust suit against major dsitributors and affili- ated theatres here suffered two broken ribs and other injuries in an automo- bile accident over the weekend. Indications are that Elliott's injuries may force a postponement of the hear- ing on the anti-trust suit scheduled for Thursday. Korda Will Sail for This Country Friday London, Nov. 28. — Alexander Kor- da will sail for the United States on Friday and will take up definite pro- duction steps in Hollywood. Irving Asher also may sail for America in a few days but only for a visit. To Sell Film Art Work for Benefit Of Reich Refugees Plans for a nationwide sale of art works, the proceeds to go to German refugee relief, were made at a meet- ing of film company art directors and advertising and publicity representa- tives at Sardi's yesterday. The Mo- tion Picture Art Fund for German Refugees was formed as the fund-rais- ing agency. The sale will be held Feb. 12 at a place to be decided. A dance may be held in connection to raise additional money for relief. Tickets for the sale will be printed in books of 20 and sell for 25 cents each. Vincent Trotta, chairman of the art committee, reported that between 50 and 100 oil paintings might be con- tributed by leading artists. Max Kalish, well known sculptor, is honor- ary chairman of the art committee. Al Margolies presided at yesterday's meeting, as temporary chairman. Monroe Greenthal chairmaned a pre- vious meeting. The next meeting will be held Friday, at which a permanent chairman will be elected. The nom- inating committee, besides Margolies, includes Gordon S. White, Alec Moss and Morris Helprin. The finance committee consists of Helprin, chairman ; George Fraser, David Strumpf and Margolies. Hal Danson heads the ticket committee. Other committee chairmen are : Carl Krueger, ticket distribution ; Leonard Gaynor, Herb Berg and Paula Fraser, secretary. Each company is to be rep- resented on each committee. Loew Trial Is Set To Start Tomorrow Trial is scheduled to start tomorrow in N. Y. Supreme Court of the Loew minority stockholders' suit against Loew's, Inc., its officers, directors and others, seeking cancelation of employ- men and profit-sharing agreements with a number of top executives, on the ground of excessive payment. The action is a consolidated one, combining a number of individual ac- tions brought by stockholders. Depo- sitions have been taken from about 20 Loew executives, officers and direc- tors. Judge Louis A. Valente is scheduled to hear the case. First "Raffles" for Goldwyn in England San Francisco, Nov. 28.— First of the new series of "Raffles" pictures for Samuel Goldwyn will be made in Eng- land. The story will be called "Col. Rowan of Scotland Yard." Others in the detective series planned for David Niven will be made later in Holly- wood. Name C. W. Thornton Small's Business Mgr, Hollywood, Nov. 28. — E d w a r d Small Productions has signed as ex- ecutive business manager C. W. Thornton, who leaves his post as secretary-treasurer of General Service studios. Tuesday, November 29, 1938 WB Refunding Is Extended To March 15 (.Continued from page 1) refunding. The company can declare the plan in effect when 75 per ceg? r about $22,000,000 of the $29,005 .0 present debentures outstanding, shall have been deposited for the plan Presently, Warner Bros, haw »n file for exchange, $19,000,000 of the present debentures, making the re- quired amount shy around $3,000,000 principal amount. The plan of exchange provides that the new debentures : ( 1 ) will bear the same rate of interest as the present debentures, six per cent; (2) will be entitled to the benefit of a sinking fund under which there will be retired, on Dec. 15 of each of the years 1939, 1940 and 1941, three per cent of the largest aggregate principal amount of the new debentures which shall have been outstanding at any one time — on Dec. 15 of each of the years 1942, 1943 and 1944, four per cent of such largest aggregate principal amount — and on Dec. 15 of each of the years 1945, 1946 and 1947, five per cent of such largest principal amount, (3) will not be convertible into coupon stock. 'Angels' Weathers Storm and Starts BVay Off Strong Poor traffic conditions, snow and low temperatures hampered the box- office over the holiday weekend but several outstanding films proved their drawing power. At the Strand, "An- gels with Dirty Faces," aided by the Ted Lewis band on the stage, drew an estimated $33,000 in its first three days. It will be held. "The Cowboy and the Lady" grossed an estimated $72,000 at the Music Hall in four days and will continue for a second week. "Submarine Patrol" produced an es- timated $20,500 at the Roxy in the first three days of its second week. "Just Around the Corner" is next. "Arkansas Traveler," in its second week at the Paramount, brought an estimated $15,000 for Friday, Satur- day and Sunday. It will probably do $36,000 for the week. At the Rivoli, "Little Tough Guys in Society" drew an estimated $7,000 and was held over. "Mr. Wong, Detective" at the Globe brought in an estimated $7,500 and made way for "Crime Takes a Holi- day." For its 15th week at the Astor, "Marie Antoinette" grossed an esti- mated $4,464. Association of Foreign Press Corre- spondents will sponsor the premiere of "Abused Confidence" at the Bel- mont tomorrow. "Grand Illusion" starts its 12th week at the Filmarte today. "Spring Madness" opens at the Criterion on Thursday. "Baller- ina" is in its third week at the Little Carnegie. "Two Sisters," Jewish language film, opens today at the Con- tinental. F" „^ COPY MOTION PICTURE DAILY NEW YORK, WEDNESDAY, NOVEMBER 30, 1938 Alert, Picture Industry regi. 44. NO. 106 Charges NBC Turning Quiz Into Web Ad McNinch Calls Testimony "Frills, Puffing" Washington, Nov. 29. — Chairman McNinch of the F.C.C. charged at to- day's radio monopoly hearing that NBC witnesses were attempting to turn the hearing into advertising for the network. The charge followed ef- forts of Philip J. Hennessy, Jr., NBC counsel, to introduce exhibits he claimed would show how the Ameri- can broadcasting system developed. "I hope you will not take up the committee's time by offering material Additional developments in radio yesterday on page 8. that is purely and obviously adver- tising," McNinch said after an argu- ment over pamphlets describing Radio City and the NBC setup. McNinch called them "frills, advertising and puffing." F.C.C.'s allocations policy is hamp- ering the development of high- (Continued on page 8) Rush Preparations For Schine Dinner Albany, Nov. 29. — Arrangements are being rushed for the 25th anniver- sary testimonial dinner to be tendered to J. Louis and Meyer Schine in honor of their service in the film in- dustry. Already 75 reservations have been received, and many more are ex- pected. The dinner will take place at the Ten Eyck Hotel on Dec. 19. Philip C. Fox, Columbia branch manager here, is in New York ar- ranging for speakers and a toast- master. Gov. Herbert H. Lehman, (Continued on page 8) Washington, Nov. 29. — There still is a tremendous amount of question- able advertising being broadcast in radio. The most extensive sources of such questionable business propa- ganda are the manufacturers of drug products and remedies, which are leaders on the air. During the fiscal year ended June 30 last, there were 22,959 radio scripts which were held by the Fed- Strike May Close All Paris Houses Paris, Nov. 29. — Paris will be without an open theatre tomorrow in the event the general strike is made ef- fective as scheduled. Even though theatre employes do not join in the strike the houses will be unable to open because of the shut- down of electrical service which the strikers hope to effect. Even in the event the strike is broken by the mili- tary, widespread public dis- turbance would be expected to follow from which theatre attendance would suffer se- verely. Israel Appointed Executive Aid to Balaban at Para. Arthur Israel, member of Para- mount's home office legal staff for the past 10 years, has been appointed an executive assistant to Barney Balaban, Paramount president. In his new capacity Israel will relieve the com- pany head of many details resulting from Balaban's added duties as head of the company's theatre operations. Israel's duties, it is understood, will include both theatre and executive de- tail. In addition, he is continuing, for the time being at least, certain legal assignments on which he was working at the time his new appoint- ment was made. He established his new office yesterday in quarters ad- joining those of Balaban. Increased duties in theatre depart- ment administration have also been assigned to Leon Netter, as a result of the appointment of Y. Frank Free- man, former Paramount theatre head, to his new post at the studio. eral Trade Commission for further study as containing representations which may have been false or mis- leading, and in fact formed the bases of 1,544 F. T. C. prospective cases. Altogether during the year the Fed- eral Trade Commission read and marked 490,612 scripts. It is disclosed in the annual report of the F.T.C. that drug manufactur- (Continued on page 8) Writer Sues M-G-M Seeking $1,500,000 Hollywood, Nov. 29. — M-G-M was named today in a $1,500,000 suit charg- ing plagiarism by Frank Walsh, writer, who alleges the studio used his original "I Found Kinley," as the basis for "Too Hot to Handle." The story, Walsh said, was submitted three years ago and rejected. Schaefer Doesn't Intend Extensive Changes In Studio Hollywood, Nov. 29. — Rumors of extensive revision of the RKO studio organization are without substantial foundation and no sweeping policy changes are contemplated, George J. Schaefer, operating head of RKO, in- dicated today after two days at the studio. This is his first visit to the coast since assuming executive charge of the company. Emergence of RKO Ra- dio from court supervision, which Schaefer expects before Jan. 1, will affect the company's personnel morale beneficially, he declared. He made it clear that he will not become what is known in Hollywood as a "production president." He ex- pects to return east in two weeks. Schaefer expressed much gratifica- tion with the next six months' product, and said it would be hard for any studio to match "Gunga Din," "Love Affair" and the Astaire-Rogers pic- (Continued on page 8) Rodger s to Be at Chicago M-G Meet William F. Rodgers, M-G-M gen- eral sales manager, and other home office executives will attend a district managers' meeting in Chicago on Sat- urday. Sales progress to date during the current season will be discussed as well as future possibilities, and an outline of forthcoming product will be given. Rodgers plans to leave for Chicago tomorrow, in which event he will at- tend the testimonial dinner there Fri- day night to Jack Kirsch, Illinois Allied president. Shauer Quits Paramount Hollywood, Nov. 29. — Mel Shauer, who served in Paramount's exhibi- bition and production branches, today resigned as associate producer. Prior to becoming a producer in 1936 he was in charge of the talent department. He said he has no immediate plans. First in Impartial TEN CENTS RKO Theatre Divisions in N. Y. Shifted O'Connor Creates Fourth Unit Under Schwartz So that the division managers may apply themselves more thoroughly to the operation of the theatres which they run for the company, John O'Connor, vice-president in charge of RKO's theatres, has decided to reduce the number of theatres operated by each division manager, and thereby making it possible also to create an extra division. The RKO metropoli- tan group of theatres in New York will comprise four divisions instead of three. This new arrangement becomes effective tomorrow. RKO has 46 metropolitan theatres. The new operation has become or- ganized along geographical lines rather than corporate lines. Sol Schwartz, who has been operating the Fordham in the Bronx and the Albee in Brooklyn, has been made a division manager in charge of the newly created Bronx group. This group in- cludes RKO's houses in Yorkville and Harlem. It is understood that Lawrence Greib, who has been in charge of the Yorkville houses, will shift to the Albee. In the new arrangement, a change may be effected in the publicity and (Continued on page 8) World's Fair Films Row in Parliament London, Nov. 29. — Current heated controversy over Brit- ish films at the New York World's Fair reached the House of Commons tonight with a member challenging the Government on the con- stitution and work of the joint committee appointed for their selection. The Government spokes- man defended the committee, claiming the British Council and Travel Association as well as the Postoffice, Foreign Office and the department of overseas trade are repre- sented. The Government claims the committee is work- ing closely with the industry and plans to arrange repre- sentation for features as well as newsreels and documen- taries. Drugs Are Leading Source Of Questionable Radio Ads MOTION PICTURE DAILY Wednesday, November 30, 1938 i Purely Personal ► JOHN HARRINGTON, manager of Monogram's accessory depart- ment, left yesterday for a three-week tour of 17 exchanges to consult with branch managers on accessories and prints. He will go west to Omaha and south to New Orleans. • Charles Moss, son of B. S. Moss, was given a bachelor dinner at the City Athletic Club last night. He tvill be married tomorrow to Paula Mendelsohn at the Pierre. They will honeymoon in Florida. • Mr. and Mrs. William A. Seiter have returned from a South Ameri- can cruise. After a few days in New York they will go on to the coast, for Seiter's next direction assign- ment at 20th Century-Fox. • Clifford W. Smith, formerly Erpi general foreign manager, is en route to Chicago and then proceeds to Hollywood where he will take up his new duties as general west coast man- ager. ■ • James P. O'Loghlin, 20th Century- Fox Canadian district manager and Kent drive leader, is due from To- ronto en route to the coast for the company's sales-production confer- ences. W. A. Scully, Universal sales man- ager, and F. J. A. McCarthy, divi- sion head, will leave tomorrow on an- other sales trio, this time to the south. • Mr. and Mrs. Leo Spitz are back from California, to stay here several weeks. • Ben Washer will leave for Cleve- land today with Richard Carlsen. • Col. L. R. Naftzger has returned from the midwest. Monogram Names Two Monogram has named W. J. Cam- mer office manager and booker in the Dallas office, and Archie Holt a sales- man in Seattle. THE MERCURY OVERNIGHT TO LOS ANGELES Fly the Southern SUNSHINE route over- night to Los Angeles. Through service. No change of planes. Giant SKYSLEEPERS. Complimentary meals served by stewardesses. Mercury Southerner Lv. 5:10 p. im Lv. 9:00 p. m. , (.only 3 stops) (pnly5stops) FOR RESERVATIONS! Call Your Travel Agenl orVANderbilt 3-2580. Ticket Offices: 45 Vander- i>ilt Ave., and Rockefeller Center, 18 W. 49th St. AMERICAN AIRLINES %. Insiders' Outlook THERE still is that chance that Russell Birdwell may leave Selznick-Internation- al. And it can happen in Febru- ary or early spring, if not sooner. Should Birdwell depart, the opportunity is known to exist for John C. Flinn, of Vari- ety, to succeed Birdwell. What- ever path out of S-I Birdwell chooses to take isn't known. Perhaps he will write a book. Also, it has become known gen- erally that Birdwell has been thinking about going into the advertising agency business. Whatever happens may now prove no surprise. T ▼ Harry H. Thomas, veteran in- dependent distributor whose back- ground in the trade goes back many years, firmly believes that the time is psychologically ripe for an increasing influx of foreign mades, into the U. S. Such strong faith explains Thomas' connection with Tri-Na- tional films, which he distributes. To Thomas, films are without nationality. It is quality that ter French and English films which have been imported here attest to his conclusions, Thomas avers. But he has an additional angle, which is that conditions abroad have focused American interest in salvaging that which is good abroad before the Huns destroy it all. T T Those who think that now that the trade practice program is about to be reduced to formal writing, the industry lawyers who have been engaged on the matter can now turn to the anti-trust litigation which is encompassing the trade, with more thorough- ness, are underestimating the law- yers of the trade. That volumi- nous brief filed the other day on the pending anti-trust case in New York fully testifies to the ingenuity of the barristers em- ployed in the business. And that isn't all, for the lads are wrest- ling with another plaguing head- ache for which they are getting scant credit and that is the wages and hour law and how it may be applicable to the film business — east and west. To Quiz Lee for Regal Arthur A. Lee, vice-president of Gaumont British, has been ordered to appear for examination before trial to assist Regal Distributing Corp. and Kayart Theatres Corp. in drawing a complaint against G. B. Pictures Corp. of America and G. B. Pictures Corp. The plaintiffs charge plagiar- ism of the film "Rothchild" in "Mr. Hobo." No date was set for the ex- amination by N. Y. Supreme Court Justice William T. Collins, who granted the order. Perry Heads N. H. Union New Haven, Nov. 29.— Local 273 of the operators' union elected the following officers for the coming year : Frank Perry, president ; Fred Frasier, vice-president, Edward Bar- ber, treasurer ; Tony Balsilicato, sec- retary, and Matthew Kennedy, busi- ness agent. The executive board com- prises the officers, J. Wheaton and John Kelly. Warner, Musicians Agree Philadelphia, Nov. 29. — Indica- tions that an agreement between War- ners and the musicians' union on employment terms, which would pre- vent a threatened closing of the Earle, is given in a new booking for the house starting Friday. Warners had threatened to close the Earle Dec. 2 in the event the dispute between stage show houses here and the union was not settled by then. Honor Van Schmus Hollywood, Nov. 29. — W. G. Van Schmus, managing director of the Music Hall in New York, will be honored tomorrow at a luncheon given by Warner players, directors and executives. * Fly United's DeLuxe * MAIN LINERS TO CHICAGO! Loewenberg in Fox Post Milwaukee Nov. 29. — Charles Loewenberg, associated with the film industry for more than 25 years, has been named advertising and publicity director for Fox theatres in Wiscon- sin. He has been serving as super- visor of the circuit's south side thea- tres where he is succeeded by Lowell Parmentier, manager of the Paradise in West Allis. "Pygmalion" Benefit Postponed One Week Invitation preview of "Pygmalion" at the Astor, sponsored by Nicholas M. Schenck, president of M-G-M, for German refugee relief, has been post- poned from tonight to next Wednes- day night. The regular run has also been set back, and the film will open to the public on Thursday, following the preview. In his letter to the preview m\r' • tion list, Schenck says this is anf , J- :ional benefit and suggests that if the recipient cares to make a contribu- tion, to send in as much as theatre tickets would cost or a similar nomi- nal sum. There will be no solicita- tion at the theatre. Proceeds will be given to four re- lief agencies for German refugee re- lief: American Friends Service Com- mittee, the Committee for Catholic Refugees from Germany, American Jewtish Joint Distribution Commit- tee and the American Committee for Christian German Refugees. Standard Shifts Men Oklahoma City, Nov. 29. — Stand- ard Theatres Corp. has shifted Ben Langdon, assistant to Douglas George, publicity director, to assistant man- ager of the Liberty. Henry Harold succeeds Langdon. Julius Krisch, assistant booker, has been made assistant manager of the Midwest, succeeding Frank Cassota who has gone to the Warner as manager. Frisco Embassy Leased San Francisco, Nov. 29. — Lease on the Embassy, downtown first run which closed six months ago due to lack of product, has been acquired by Dan McLean, former Fox West Coast executive, who will open the theatre about Jan. 1 as a grind house. Top admission will be 20 cents. Union City House Sold Pastime Theatre property, Union City, N. J., has been sold by the Trust Co. of New Jersey to the Colony Real Estate Co., subsidiary of an un- disclosed independent circuit. The 1,100-seat theatre formerly was oper- ated by Jimmy Binkov. It will be reconditioned at an estimated cost of $30,000 and renamed the Colony. C. W. Davis Plans House Reidsville, N. C, Nov. 29.— C. W. Davis, manager of the Rockingham and Broadway, plans a new theatre here. 8 fast flights daily — all over shortest route! To CHICAGO — 4 hrs., 55 min.! ir Mainliners are tops in luxury and comfort! Only United flies the famous deluxe Skylounge Mainliners on non-stop flights — leave 12:15 p.m. or 5:20 p.m. Low round-trip rates! Reservations: 58 E. 42nd St., MU. 2-7300. Or travel bureaus, hotels. UNITED AIR LINES ★ The Main Line Airway ★ MOTION PICTURE DAILY (Registered V. S. Patent Office) MARTIN QUIGLEY, Editor-in-Chief and Publisher; SAM SHAIN, Editor; JAMES A. CRON, Advertising Manager. Published daily except Saturday, Sunday and holidays by Quigley Publishing Com- pany, Inc., Martin Quigley, president; Colvin Brown, vice-president and treasurer. Publication office: 1270 Sixth Avenue at Rockefeller Center, New York. Telephone: Circle 7-3100. Cable addresss: "Quigpubco. New York." All contents copyrighted 1938 by Quigley Publishing Company, Inc. Address all correspondence to the New York office. Other Quigley publications: Motion Picture Herald, Better Theatres, Teatro a i. Dia, International Motion Picture Almanac and Fame. BUREAUS: — Hollywood: Postal Union Life Building, Vine and Yucca Sts.; Boone Mancall, manager; William R. Weaver, editor. Chicago: 624 S. Michigan Ave., C. B. O'Neill, manager. London : 4 Golden Square, W. 1: cable addren, Quigpubco, London; Hope Williams, manager. Entered as second class matter Sept. 23, 1938, at the post office at New York, N. Y., under the act of March 3, 1879. Subscription rates per year $6 in the \mericas and $12 foreign. Single copies 10c. TRUE TALK ON HOLIDAY BOOKINGS! (By Leo, of The Friendly Company) "Don't do it! "I mean don't take chances when it comes to booking attractions for Holiday time, "For instance — I guaranteed great busi- ness for Thanksgiving with 'OUT WEST WITH THE HARDYS/ "IT DID THE BIGGEST BUSINESS IN 6 YEARS ON THE LOEW CIRCUIT (in snow-storms!) "'OUT WEST WITH THE HARDYS' A CLEAN-UP EVERYWHERE! WAY AHEAD OF 'BOYS TOWN'! TWICE THE BUSINESS OF 'LOVE FINDS ANDY HARDY/ IMAGINE! "Now I give you another tip: Ask smart showmen everywhere, in large towns, in small towns what they're booking for the fat and lus- cious New Year's trade— "ask them what picture they're bank- ing on for the most valuable playing time on their calendar: "it's JEANETTE MacDONALD, NELSON EDDY in 'SWEET- HEARTS' (Technicolor) now being booked solid throughout America for the holidays. "I guaranteed 'OUT WEST WITH THE HARDYS' for Thanksgiving and it's terrific! "I now guarantee 'SWEETHEARTS' for the New Year's! It's the biggest and best holiday show in years! DON'T DO THIS WITH HOLIDAY BOOKINGS! MAY RIGHTLY! YEAR'S GOOD AND HER FAMILY! TO INCREASED THE REVIEWS IN IMPORTANT KEY SITUA- TIONS PROVE THAT LOEW S ARE RIGHT IN BOOSTING BLONDIE TO THEIR PATRONS The Shining Hour' is for adults but its program partner is notably for the family ...It's BLONDIE and it's a blamed good little comedy based on the newspaper comic strip of the same name. Arthur Lake, Penny Singleton, Gene Lockhart, little Larry Simms and the others do a capital job with roles and scenes. The Simms youngster is corking as Baby Dumpling, and Lake and Miss Singleton do Blondie and Dagwood, his parents, credibly and amusingly. As a rich real estate man who likes to tinker, Lockhart adds a deal to the fun. And there's Daisy, the dog, one of the most humor- ously expressive performers of the lot." . . . Rochester Democrat & Chronicle • "Chic Young's comic strip, BLONDIE, has been the inspiration for the film of that name and it is amazing how faithfully the screen characters bear likeness to the pen and ink sketches. If you turn back to the funnies and then visit Loew's you will see how accurately the job has been done/'. . . Louisville Courier-Journal TEST ENGAGEMENTS {Single Feature) at the Senate Theatre, Springfield, III.; State Theatre, Richmond, Va.; RKO Lyric Theatre, Cincinnati, O., prove that "BLONDIE" is one of the Year's Best Audience pictures . . . Not only GOOD business but GOOD WILL BUSINESS! rthur Frudenfeld — R. K. O. . . . Lyric Theatre, incinnati, O., soys:— "It will turn in one of he best grosses of the year— in spite of snow tnrm nn nnaninn Hnu " Sam Bendheim — Neighborhood Theatres . . . State Theatre, Richmond, Va., says: — "BLONDIE is one of the BEST AUDIENCE pictures we ever played. . ." Dave Jones . . Senate Theatre, Springfield, III., wires: — "We played it up as a test spot preview and had the patrons fill out preview cards. Everyone enjoyed the picture and would like to see more in this series." .t CALLED: THE mil GAL . . . BLONDIE \RE THE ANSWER IAMILY TRADE! How Cincinnati Sold "BLONDIE " IF YOU ARE A SHOWMAN, YOU WILL GET BEHIND BLONDIE WITH EVERY- THING YOU'VE GOT! YOU'LL NOT ONLY MAKE GOOD MONEY WITH BLONDIE, BUT YOU'LL MAKE GOOD NEW FRIENDS FOR YOUR THEATRE! MOTION PICTURE DAILY Wednesday, November 30, 1938 Bartholomew 'Love' Grip Chi For $17,800 Chicago, Nov. 29. — The reopening of the Oriental resulted in a great sendoff for the house with "Vacation For Love" and Freddie Bartholomew in person taking in a neat $17,800. "Men With Wings" plus Bob Crosby and band on the stage was strong at the Chicago with $35,000. Milton Berle at the Palace with "Lit- tle Tough Guys In Society" and "Sub- marine Patrol" at the Roosevelt were both strong. Cold weather pre- dominated. Estimated takings for the week end- ing Nov. 22-26 : 7 days. 7 days. Gross: days. "Suez" (W. B.) APOLLO-(1,400) (35c-55c-65c) Gross: $5,300. (Average, $6,500) "Men With Wings" (Para.) CHICAGO— (4.000) (35c-55c-75c) Stage: Bob Crosby and Band. $35,000. (Average, $32,000) "Mysterious Mr. Moto" (ZOth-Fox) "Listen, Darling" (M-G-M) GARRICK— (900) (3Oc-4Oc-50fc) 7 Gross: $6,000. (Average, $6,500) "Vacation From Love" (M-G-M) ORIENTAL— (3,400) (25c-30c-40c) 7 days. Stage: Freddie Bartholomew in person. Gross: $17,800. (Average, $13,000) "Little Tough Guys In Society" (Univ.) PALACE — (2,500) (35c-55c-75c) 7 days. Stage: Milton Berle and Revue. Gross: $21,500. (Average, $19,000) "Submarine Patrol" (20th-Fox) ROOSEVELT— (1,300) (35c-55c-75c) 7 days. Gross: $12,600. (Average, $11,000) "Great Waltz" (M-G-M) UNITED ARTISTS— (1,700) (35c-55c-75c) 7 days. Gross: $18,600. (Average, $15,000) Capital Steps Out With 'Shining Hour' Which Gets $21,000 Washington, Nov. 29. — "The Shin- ing Hour" at Loew's Capitol, with a gross of $21,000, was the week's bell- ringer. "The Sisters" at Warners' Earle did $16,500. A heavy snowfall which hit the Thanksgiving trade was responsible for a rather poor week downtown. Estimated takings for the week end- ing Nov. 24 : "The Shining Hour" (M-G-M) LOEW'S CAPITOL— (3,434) (25c-65c) 7 days. Stage: Harriet Hoctor, Johnny Perkins. Gross: $21,000. (Average, $16,500) "Suez" (20th-Fox) LOEW'S COLUMBIA— (1,243) (25c-40c) 7 days, 2nd week. Gross: $4,200. (Average, $4,200) "If I Were King" (Para.) LOEW'S PALACE— (2,370) (25c-S5c) 7 days, 2nd week. Gross: $7,500. (Average, $11,500) "Service De Luxe" (Univ.) RKO'-KEITH'S— (1,836) (25c-40c) 7 days. Gross: $6,000. (Average, $10,000) "The Sisters" (W. B.) WARNERS' EARLE— (2,218) (2Sc-66c) 7 days. Stage: Chaney & Fox, Earle Roxyettes. Gross: $16,500. (Average, $16,000) "Brother Rat" (W. B.) WARNERS' METROPOLITAN— (1,591) (25c-40c) 7 days, 3rd week. Gross: $3,500. (Average, $4,000) Schwartz with Reinhart Canton, Nov. 29. — Ben Schwartz has resigned as manager of Warners' Ohio to become general manager of Harry Reinhart's three houses. Wil- liam Harwell of Atlanta succeeds Schwartz at the Ohio. Hollywood Preview "The Beachconiber" (Paramount-Mayflower) Hollywood, Nov. 29. — Adults who revere virtuosity in performance, craftsmanship in narration, and are not averse to sex themes in their entertainment, may be confidently informed by showmen playing this picture that here is a genuinely advanced and superbly wrought film. Children have no more business attending its exhibition than reading Freud or Jung. Charles Laughton's performance in the title role is by wide margin his most masterly character portrayal and Elsa Lanchester (Mrs. Laughton) gives American and foreign actresses lessons in her delineation of the sex-starved spinster whose love for the bestial beach- comber wears a persecution complex as disguise until rationalized under pressure of contact and circumstance. The picture is made up of strong materials, bluntly yet artistically handled, a truly adult production in all senses of the term. "The Beachcomber" is the first film produced by Mayflower Pic- tures, the English company formed by Laughton and Erich Pommer, producer and director. It is, technologically, up to Hollywood par and, in many particulars, beyond. Save for the_ age-level limitation, which applies as positively in the British Empire as in the States, it is as screen- worthy in one English-speaking community as another. That screen- worthiness is, reportedly, the standard Laughton and Pommer sought when founding and christening their company. The story of "The Beachcomber" is W. Somerset Maugham's "Vessel of Wrath," written for the screen by Bartlett Cormack. The locale is the Dutch East Indies. Laughton is seen as an utterly dissolute remit- tance man, drunkard, wastrel, liar, libertine and cheat, given to enticing native girls from the classroom of the frigid Miss Lanchester, maiden sister of the resident missionary. Jailed after one such escapade, Laugh- ton is sentenced by the Dutch "controleur," who despairs of reforming him, but has made him friend in his loneliness, to hard labor on an island full of accommodating native belles who have no irksome labors for him to perform. Returning, he and Miss Lanchester, most violent of his righteous enemies, are forced to stay overnight on a barren island where she mistakes his disgusted indifference for intrinsic gallantry. From here on she applies herself to reformation and conquest of the derelict, successfully. There are no stereotyped incidents, trite speeches or commonplace developments. Some of the dialogue is highly unvarnished, yet belongs, such as the beachcomber's witness stand declaration that all the excite- ment among the feminine population of the island is due simply to "a bit of normal virility in a man." The film is, in large, an embroidering of that basic situation. Running time, 88 minutes. "A"* Roscoe Williams "Everybody's Baby" (20th Century-Fox) Hollywood, Nov. 29. — The "Jones Family" always has some problem to solve in its pictures and what to do about the new baby is the one engaging their attention in "Everybody's Baby." Like all its prede- cessors, this picture is funny, but the appeal is more to adults than to adolescents and juveniles. As usual, the regular members of the family, Jed Prouty, Shirley Deane, Spring Byington, Russell Gleason, Ken Howell, George Ernest, June Carlson, Florence Roberts and Billy Mahan are featured and impor- tant roles are enacted by Reginald Denny, Claire DuBrey, Hattie Mc- Daniel and Marvin Stephens. In directing the Hilda Stone-Betty Rein- hardt story for which Karen De Wolf, Robert Chapin, Frances Hyland and Albert Ray wrote the screenplay, Malcolm St. Clair continues his careful timing, spotting of gags and situations and treatment of char- acters. Influenced by quack phychologist Denny, Miss Shirley decides to bring up her baby the modern way. The new-fangled ways don't set very well with the family, who want to indulge in an orgy of old-fashioned petting and coddling. Nurse DuBrey's rigorous enforcing of Denny's rules and regulations creates discord which drives husband Gleason from home and inspires Granny Roberts to do something about it. Her action, in which she is aided by the gangs of the oppressed family members, makes Denny the victim of much slapstick abuse, but it reconciles Miss Deane and Gleason, exiles Miss DuBrey and permits the family to do what they wish in bringing up the child. A couple of gags — the mistaken kidnaping and one that has the baby lined up with a batch of negro infants at a colored baby show — add to the merriment. Running time, 60 minutes. "A."* G. McC *"A" denotes adult classification. ' Actress' Sinks Minneapolis to Merest$2,600 Minneapolis, Nov. 29. — "I Am the Law" aided by Hal Kemp and'>~;. orchestra on the stage, was the l|j/ draw here, grossing $18,000 at the Orpheum. 1 he State did handsomely with "If I Were King',' drawing $9,- 000, and at the Centurv, "Young Dr. Kildare" was good for $4,200. In St. Paul, "If I Were King" was the leader at the Paramount, where it took $6,000. "Stablemates," at the Orpheum, got $4,000 for a six-day run. Estimated takings for the week end- ing Nov. 24 : Minneapolis : Gross: Gross: days. Gross: Gross: Gross: "Always In Trouble" (20th-Fox) "Illegal Traffic" (Para.) ASTER— (900) (15c-25c) 6 days. $1,500. (Average, $1,500) "Young Dr. Kildare" (M-G-M) CENTURY— (1,600) (25c-40c) 7 days. Gross: $4,200. (Average, $4,000) "Secrets of An Actress" (F. N.) GOPHER— (990) (25c) 6 days. $2,600. (Average, $3,000) "I Am the Law" (Col.) ORPHEUM— (2,900) (25c-55c) 7 Hal Kemp orchestra on the stage. $18,000. (Average, $4,800) "If I Were King" (Para.) STATE— (2.300) (25c-40c) 7 days. $9,000. (Average, $4,400) "That Certain Age" (Univ.) WORLD— (400) (25c-55c) 6 days. $1,400. (Average, $1,600) St. Paul: "Stablemates" (M-G-M) ORPHEUM— (2,000) (25c-40c) 6 days. Gross: $4,000. (Average, $3,200) "If I Were King" (Para.) PARAMOUNT— (2,500) (25c-40c) 7 days. Gross: $6,000. (Average, $4,400) "Garden of the Moon" (F. N.) RIVIERA— (1,000) (25c) 7 days. Gross: $1,800. (Average, $2,400) "Swing That Cheer" (Univ.) "Torchy Gets Her Man" (W. B.) TOWER— (1.000) (25c) 7 days. Gross: $2,200. (Average, $1,600) "Drums" (U. A.) "Gangster's Boy" (Mono.) WORLD— (400) (25c-35c) "Drums," 5 days. "Boy," 2 days. Gross: $800. (Average, $700) Detroit 'Traveler' Duals with 'Crowd' To Garner $13,000 Detroit, Nov. 29. — "The Arkansas Traveler" plus "Four's a Crowd" gave the Michigan a good $13,000. The Fox took $19,000 with "Room Service" and a stage show. "Shining Hour" at the United Artists did well with $8,000. - Estimated takings for the week end- ing Nov. 25 : "You Can't Take It With You" (Col.) "Crime Takes a Holiday" (Col.) ADAMS— (1,700) (15c-40c) 7 days. Gross: $5,000. (Average. $5,000) "Room Service" (RKO) FOX— (5,000) (15c-65c) 7 days. Stage: 3 Oxford Boys, Bob Ripa, 4 Hollywood Co- Eds. Sallie Jo Nelson, Arlene Whitney. Gross: $19,000. (Average, $20,000) "Four's A Crowd" (W. B.) "The Arkansas Traveler" (Para.) MICHIGAN— (4.000) (15c-65c) 6 days. Gross: $13,000. (Average, $10,000) "Illegal Traffic" (Para.) "Young Dr. Kildare" (M-G-M) PALMS-STATE— (3,000) (15c-50c) 7 days. Gross: $5,000. (Average. $5,000) "Shining Hour" (M-G-M) UNITED ARTISTS— (2,000) (15c-50c) 6 days. Gross: $8,000. (Average. $8,000) Wednesday, November 30, i 938 MOTION PICTURE DAILY PATRONS CAN THE IMPROVEMENT PRODUCED BY SYNCHRONIZED FRONT and REAR SHUTTERS E-7 ADVANTAGE Simplex Synchronized Front and Rear Shutters produce a dissolv- ing effect which supplies more light without any additional cost, and considerably reduces heat at the aperture. Theatre Owners find that Simplex E-7 Projector pleases audience, attracts new patrons, and is a highly profitable investment. MANUFACTURED BY INTERNATIONAL PROJECTOR CORPORATION 8S-96 GOLD STREET, NEW YORK. N.Y. DISTRIBUTED BY NATIONAL THEATRE SUPPLY COMPANY BRANCHES IN PRINCIPAL CITIES Milwaukee Enjoys The 'Waltz' $9,000; 'My Heart' $7,800 Milwaukee, Nov. 29. — "The Great Waltz" and "Always in Trouble" col- lected high money for the week with $9,000 at Fox's Wisconsin. Second money went to "There Goes My Heart" and "Nancy Drew, Detective," with $7,800 at the Warner. "You Can't Take It With You" was brought back to Fox's Palace on a dual with "The Gladiator," and was good for $5,500. Others were off. Estimated takings for the week end- ing Nov. 24 : "You Can't Take It With You" (Col.) "The Gladiator" (Col.) PALACE— (2.400) (35c-50c) 7 days. Gross: $5,500. (Average, $5,000) "Dark Rapture" (Univ.) RIVERSIDE— (2,300) (25c-30c) 7 days. Stage: Gracie Barrie and Revue. Gross: $4,500. (Average, $5,000) "Arkansas Traveler" (Para.) "I Am the Law" (Col.) STRAND— (1,400) (35c-50c) 7 days. Gross: $4,000. (Average. $4,500) "There Goes My Heart" (U. A.) "Nancy Drew Detective" (W. B.) WARNER — (2.400) (35c-50c) Gross: $7,800. (Average. $5,000) "The Great Waltz" (M-G-M) "Always In Trouble" (20th-Fox) WISCONSIN — (3.200) (35c-50c) Gross: $9,000. (Average. $8,000) days. days. "Algiers" $3,500 Is Best in Oklahoma Oklahoma City, Nov. 29.— "Al- giers" did the best comparative gross here, with $3,500 at the State, in a week of sub-freezing temperatures which did the box-office no good. "King of Alcatraz" dualled with "Touchdown Army," at the Liberty took a fair §2,600. Estimated takings for the week end- ing Nov. 23 : "The Young in Heart" (U. A.) CRITERION— (1.500) (25c-35c-40c) 6 days. Gross: $4,950. (Average, $5,200) "King of Alcatraz" (Para.) "Touchdown Army" (Para.) LIBERTY— (1,200) (20c-25c) 6 days. Gross: 52.600. (Average, $2,500) "Brother Rat" (F. N.) MIDWEST — (1.500) (25c-35c-40c) 7 days. Gross: $4,600. (Average. $4,500) "Algiers" (U. A.) STATE— (1.100) (20c-25c-40c) 7 days. Gross: $3,500. (Average. $3,000) "The Arkansas Traveler" (Para.) TOWER— (1,000) (25c-35c) 6 days. 2nd week. Gross: $2,150. (Average, $2,500) 'Drew' and 'Heart' Get $6,000 in New Haven New Haven, Nov. 29. — "The Young in Heart" and "Nancy Drew, Detec- tive" led with $6,000 at the Roger Sherman. At the Loew-Poli "The Shining Hour" and "Blondie" grossed $9,000. "Dark Rapture" and "Affairs of Annabel" at the College did $3,000. Estimated takings for the week end- ing Nov. 25 : "Dark Rapture" (Univ.) "Affairs of Annabel" (RKO) COLLEGE— (1.499) (25c-35c) 7 days. Gross: $3,000. (Average. $2,500) "The Shining Hour" (M-G-M) "Blondie" (Col.) LOEW-POLI— (3.040) (35c-50c) 7 days. Gross: $9,000. (Average. $8,000) "Service de Luxe" (Univ.) "Nurse from Brooklyn" (Univ.) PARAMOUNT— (2.348). 35c-50c) 5 days. Gross: $3,800. (Average. $4,400) "The Young in Heart" (U. A.) "Narcy Drew, Detective" (W. B.) ROGER SHERMAN— (2,200), 35c-50c, 7 days. Gross: $6,000. (Average, $4,700) Shift Warner Managers Pittsburgh, Nov. 29. — Warners management changes include the fol- lowing : William Martin resigned as manager of the Etna in Etna, Pa., and replaced by Harold Friedman, moved from the Ritz ; Max Silverman from the Manor to the Ritz with his assist- ant, Charles Bricker ; W. H. Warring- ton from assistant at Warner to a similar post at the Enright ; Edward Hungerman, from the Model to the Warner assistant post and Harry Campbell gets the Model post ; Jack Kahn of the zone office advertising de- partment assistant at the Manor. Cincy Show Raises 'Annabel' to $16,500 Cincinnati, Nov. 29. — "Affairs of Annabel" with "The Battle of the Bands," composed of Don Bestor's and Clvde McCoy's orchestras on the RKO Shubert stage, collected $16,500. "Brother Rat" took $13,000 at the RKO Palace. "The Great Waltz" had a $3,000 second week at the RKO Grand, and "There Goes My Heart" took $6,500 in its second week at the RKO Capi- tol. Estimated takings for the week end- ing Nov. 24: "If I Were King" (Para.) RKO ALBEE— (3,300) (35c-42c) 7 days. Gross: $10,500. (Average, $12,000) "Brother Rat" (F. N.) RKO PALACE— (2,700) (35c-42c) 7 days. Gross: $13,000. (Average, $10,000) "Affairs of Annabel" (RKO) RKO SHUBERT— (2,150) (30c-40c-60c), 7 days. Stage: "Battle of Bands." Gross: $16,500. (Average, $12,000) "There Goes My Heart" (U. A.) RKO CAPITOL— (2,000) (35c-42c) 7 days. 2nd week. Gross: $6,500. (Average. $6.- 500) "Men With Wings" (Para.) RKO LYRIC— (1.400) (35c-42c) 7 days. 2nd week. Gross: $3,300. (Average, $6,500) "The Great Waltz" (M-G-M) RKO GRAND— (1,200) (25c-40c) 7 days. 2nd week. Gross: $3,000. (Average, $2,750) "Girls on Probation" (F. N.) (4 days) "Sharpshooters" (ZOth-Fox) (3 days) RKO FAMILY— (1,000) (15c-25c) Gross: $2,000. (Average, $2,450) "Young Dr. Kildare" (M-G-M) KEITH'S— (1,500) (30c-40c) 7 days. Gross: $4,900. (Average, $6,500) Dull K.C. Excepts "Wings" for $12,400 Kansas City, Nov. 29. — "Men with Wings" outrode the pre-holiday lag and the shock of freezing weather with $12,400 at the Newman and was held. "Five of a Kind" and a stage show gave the Tower $10,100. Estimated takings for the week end- ing Nov. 22: "Dark Rapture" (Univ.) ESQUIRE— (800) (25c-40c) 7 days. Gross: $2,800. (Average, $3,000) "Dark Rapture" (Univ.) UPTOWN— (2,000) (25c -40c) 7 Gross: $3,000. (Average, $4,000) "The Shining Hour" (M-G-M) "Blondie" (Col.) MIDLAND— (4,000) (25c-40c) 7 Gross: $10,300. (Average, $11,500) "Men With Wings" (Para.) NEWMAN— (1,900) (25c-40c) 7 days. Gross: $12,400. (Average, $7,000) "Magnificent Obsession" (Univ.) "All Quiet on the Western Front" (Univ.) ORPHEUM— (1,500) (25c-40c) 6 days. Gross: $3,000. (Average, 6 days, $4,200) "Five of a Kind" (ZOth-Fox) FOX TOWER— (2,200) (25c-35c-55c) 7 days. Stage: Boys' Town Road Show, with A Capella Choir. Gross: $10,100. (Average, $8,000) days. day! NATIONAL' reply to the PRESIDENT'S call PROMPT Sales Service goes with ★ ★ ★ ★ SOUND SYSTEM Owners of fhe President Theatre, New York, N. Y. had to have New Sound Equipment Installed between Closing Time and Opening Time. National Theatre Supply Company accepts order for Simplex Four Star Sound System on these conditions. Order Signed at 11 A. M. Theatre Closes at 12 Mid- night. Sound at 8:45 A. M. Theatre Opens at 12 o'clock Noon. Dartmouth Amusement Enterprises, Owners, de- lighted. Say that Simplex Four Star Sound is the finest they have ever had. MANUFACTURED BY INTERNATIONAL PROJECTOR CORPORATION 88-96 GOLD STREET, NEW YORK. N.Y. DISTRIBUTED BY NATIONAL THEATRE SUPPLY COMPANY BRANCHES IN PRINCIPAL CITIES RADIO MOTION PICTURE DAILY Wednesday, November 30, 1938 RKO Theatre Divisions in N. Y. Shifted by (.Continued from page 1) advertising department, now run John Dowd. Charles McDonald, veteran RKO operator, will have charge of the big- gest division, comprising the West Side and Queens group of theatres. Louis Goldberg will have charge of Brooklyn and the Rockaway theatres, and Russell Emde will run the West- chester and Northern New Jersey theatres. Coney Island is included in Gold- berg's division. In McDonald's div- ision are included the RKO Broad- way houses besides the Albee and the Orpheum, in Brooklyn. McDonald will run 14 theatres ; Goldberg, 12; Emde, 11 and Schwartz, 11. The changes have been made for purposes of increasing the efficiency of operation, and under the new arrangement, to fulfill this aim, the division managers now will have juris- diction in their territories of both first run and second run houses. In the past there have been in stances where runs were split. Thus a second run in a particular neigh- borhood was part of one division while the RKO first run in the same locality might have been under direction of another division manager. This has been altered. U. A. Asks Severance From Anti-Trust Suit United Artists, yesterday, filed a motion in Federal Court to have stricken from the U. S. anti-trust complaint against the film companies, the major part of the Gov- ernment allegation insofar as it refers to United Artists. Inasmuch as those parts of the complaint which refer to U.A. are fairly vague, the granting of such a motion, could amount to virtual dis- missal of the action in favor of U. A. This motion was filed for U.A. in support of a plea for a bill of particulars from the Government, such as was sought by other de- fendants. No court action on the mo- tion is expected for a couple of weeks, but Columbia and Universal may ask similar re- lief. Grainger Leaves for Tour of Middle West J. R. Grainger, president of Repub lie Pictures, left yesterday for a tour of the middle west, including St. Louis, Cincinnati, Cleveland and In- dianapolis. Republic has closed a deal with the Skouras Metropolitan Circuit, involv- ing 65 theatres, on the current season's product. Morris Epstein, New York sales head for Republic, and John Benas of Skouras negotiated the deal. Morris Goodman, Republic foreign manager, has closed a deal with An- war S. Aizer of Alexandria, Egypt, on 1937- 38 features and westerns, and 1938- '39 serials. Rush Preparations For Schine Dinner (Continued from page 1) and the mayors of Albany, Syracuse, Gloversville and Amsterdam have been invited. Two special trains from New York City and another from the west will bring special guests from these points. Ralph Pielow is in charge of transportation. Among those who have made reser- vations are George J. Schaefer, Ed Golden, Herbert Yates, Jay Eman- uel, W. F. Rodgers, Si Fabian, Abe Montague, W. A. Scully, Nate Blum- berg, Herman Robbins. George W. Weeks and others. Jerry Cooper Renewed Jerry Cooper has been renewed for another 13 weeks on the "Vocal Vari- eties" show, as vocalist and m. c. Se- ries is broadcast Tuesdays and Thursdays at 7:15 on the NBC-Red. H. W. Kastor & Son is the agency. Distributor Trade Pact Draft Is Now Near Completion Framing of the draft of the dis- tributors' trade practice program is in its final stages, with only a few points of phraseology and sequence remain- ing to be determined. After a four-hour session of com- pany sales executives and counsel at the Hays office yesterday, it was said that the draft may be completed by tonight. However, that is uncertain. The program has been agreed upon substantially by the company represen- tatives conferring, but the work of translating the proposals into written form is taking longer than anticipated. The conferees, while anxious to put a self-regulation program into effect as soon as possible, at the same time want to have the distributors' program in presentable form before submitting it to the exhibitor groups for final approval. NBC Adding Three Stations to Nets, Making Total 165 NBC's networks expand from 162 to 165 stations with the additions three new stations, WEEU, WRAW and WNBC. Contracts making the three stations part of NBC were ef- fected yesterday. Two of the stations, WEEU and WRAW, join the Red hookup as op- tional stations, while WNBC joins the Blue. Rates for the new units per evening hour are: WNBC, $120; WEEU, $140; WRAW, $120. WEEU and WRAW are located in Reading, Pa. The former is a day- time station, 830 kilocycles, 1,000 watts, owned by the Burks Broadcast- ing Co. WRAW operates full time, on 1,510 kilocycles, 100 watts. Only WRAW will carry Red commercials, but both will take Blue network sus- taining broadcasts. WNBC is located in New Britain, Conn., and maintains studios both in New Britain and Hartford. It oper- ates full time, on 1,380 kilocycles, 1,000 watts by day and 250 watts dur- ing evening hours. It is operated by the State Broadcasting Corp. Charges NBC Turning Quiz Into Web Ad Schaefer Does Not Plan Studio Shakeup (Continued from page 1) ture, which will be retitled "The Romantic Vernon Castles." Approval of RKO's pending reor- ganization plan by Federal Judge William O. Bondy, tomorrow, may well mean that RKO can emerge from 77b by the first of the year. RKO has been in bankruptcy or 77b for 6 years. That's a record. At the last hearing, the court indicated its possible approval, although certain amendments may be ordered to the plan. (Continued from page 1) fidelity radio. O. B. Hanson, NBC chief engineer, charged today. H»"\ clared the commission's 10-kilotyde separation between channels makes it necessary to design receivers to cut off side-band reception in order to prevent interference from adjacent channels. George Porter, F.C.C. counsel, challenged the statement, saying no separation less than 40 kilocyles is now used for stations in the same town. Physical setup for handling net- work programs was explained by B. F. McClancy, NBC traffic manager. Prior to the organization of NBC, he said, it was almost impossible to ob- tain transmission facilities except at great expense. To meet this, RCA entered into a contract with A. T. & T. for wires at reasonable cost, the agreement providing that the benefits would extend to RCA subsidiaries, and thus making the NBC network possible. Drugs Are Leading Source Of Questionable Radio Ads (Continued from page 1) ers are principals in 30.5 percent of the cases taken up by the F.T.C. This high percentage is inclusive of ques- tionable printed advertising as well as radio. In general, radio has co- operated with the F.T.C. in an en- deavor to check this questionable propaganda, and the F.T. C. itself, in its report, credits an interested de- sire on the part of the national and regional networks, besides the trans- cription producers and some 600-odd active radio stations, to help elimi- ate false, misleading and deceptive advertising. There is even misleading advertis- ing in connection with radio sets, be- cause automobile, radio and refrig- erator advertising was a source of nine per cent of the F.T.C. com- plaints. Food products accounted for 6.8 per cent; cosmetics, 6.1 per cent; health devices, 5.3 per cent. Apparently, however, the job is an endless one and requires constant watching. Of course, the drug people are not alone in their misuse of radio. Sales promotion plans are the second most prolific cause of F.T.C. com- plaints. These account for 14.9 per cent of the complaints heard by the commission. Additionally, there are the correspondence school courses, stamp, coin, astrological and other similar subjects, and these account for 12.5 per cent of the complaints. The F.T.C. report points out that during the fiscal year ended June 30, last, there were submitted to it 490,- 670 commercial radio continuities. These continuities comprised 1,069,- 944 pages of typewritten script. N. A. B.Will Move to New Quarters Jan. 1 Washington, Nov. 29. — Increased activity _ resulting from last spring's reorganization has made it necessary for the National Association of Broadcasters to transfer headquarters from the National Press Building. The offices will be moved Jan. 1 to a new building, as yet unnamed, on K St., where the entire ninth floor has been leased. A number of broadcast- ing attorneys and engineers are mov- ing to the same building. The new quarters will provide office facilities for visiting members. Move Harvester Show Cincinnati, Nov. 29. — "B oone County Jamboree," hillbilly commer- cial stage show sponsored by Interna- tional Harvester, from 8:30 to 10:45 P. M., Fridays, with the program from 9 to 9 :30 aired over WLW, will move Dec. 16 from the 2,200-seat Emery Auditorium to the 6,000-seat Music Hall from where it will there- after originate. G.E. Will Exhibit Television at Fair Schenectady, Nov. 29. — Gen- eral Electric is completing arrangements for a television exhibit at the New York World's Fair next year. The exhibit is expected to include demonstrations of television programs to be created by both RCA-NBC and CBS. G. E. laboratory here cur- rently is experimenting with the application of motion pic- tures to television. However, it has no plans to produce its own films for televising at its motion picture production laboratory here. Alert, tion Picture Industry MOTION PICTURE DAILY First in and Impartial ^fy. 44. NO. 107 NEW YORK, THURSDAY, DECEMBER 1, 1938 TEN CENTS Agreement for Australia Now Faces Setback Exhibitor Group Presses For Legislation Sydney, Nov. 8. — Plan for a gen- eral agreement on Australian exhib- itor-distributor problems, which cen- tered about the drafting of a standard exhibition contract, has received a setback. Claiming the distributors are "stall- ing," the New South Wales Motion Picture Exhibitors' Association, strongest exhibitor organization in Australia, has joined with local pro- ducers in a plea to the state Govern- ment for legislation which involves the fundamental operation of the industry. Pressure is being exerted on Premier Stevens of New South Wales for the establishment of an indepen- dent film commission of three mem- bers, setting of a British film quota, restriction on theatre licenses, in- crease in rejection privileges, preven- tion of overbuying in competitive situ- ations and other matters. William Harrop, business manager of the M.P.E.A., expressed confidence that legislation would be forthcoming. Fabian Acquiring 7 on Staten Island Papers are being drawn whereby the Si Fabian circuit will take over seven Staten Island theatres from Par- Land Theatres on long term leases. One of the theatres is the Para- mount, 2,274-seat house at Stapleton, which is owned by Paramount but pooled with the independent circuit. Negotiations were with the estate of the late Sol Brill, who formerly owned the Staten Island circuit. Harry Shiffman is general manager of Par- Land. Artists Promise to Aid Refugee Benefit That leading American artists, painters and sculptors would cooper- ate with the Motion Picture Art Fund for German Refugees was as- sured by Max Kalisch, sculptor and associate member of the National Academy, and honorary chairman of the committee. A nationwide raffle of art works, to be held Feb. 12, was discussed at Sardi's by film company art directors and publicity representatives. Paris Houses Open In General Strike Paris, Nov. 30.— Theatres here were open as usual and the film industry escaped al- most unscathed during the unsuccessful general strike today. Stagehands and elec- tricians in theatres had been called out, but few if any disaffections were reported. Studios and distributing of- fices were not affected. Op- eration of transport service and public utilities in Paris was almost normal. U.A. Directors Get Facts on Producer Profit Sharing Plan Murray Silverstone, operating head of United Artists, at yesterday's meet- ing of the company's board of direc- tors outlined the mechanics of the firm's non-owner producers' profit sharing plan. Under this plan. 50 per cent of the company's profit is de- voted to non-owner producers. Also, the directors heard of plans by U. A. to produce especially for the Latin-American market. Loyd Wright, of California, representing a prospective producer who would un- dertake to handle this end for U. A., is here now discussing the matter with Silverstone. The board meeting lasted nearly six hours and was adjourned until Fri- day, Dec. 9, in order that Alexander (.Continued on page 2) David Selznick Set With United Artists? Chicago, Nov. 30. — Enroute to the Coast, David Selznick revealed he was set on a six-picture deal at United Artists. Nothing was stated regarding the nature of this program or financ- ing of same, nor how the deal was to be spread, whether over one year, three years or more. He stated that he was to start on his U. A. schedule following completion of "Gone With the Wind." This film goes before the cameras around the middle of Janu- ary. He didn't say when it might be completed, but did indicate it might be ready for release around Thanks- giving Day, next year. He is contem- plating making the picture 16 reels long. Radio P. 7 Imperial Offering 424,000 Shares of New Common Stock Issue of 424,000 shares of Imperial Pictures, Inc., common stock is be- ing offered today at an initial price of $1.50 a share. Smith, Frizzelle> & Co. has underwritten the issue. The company plans to use the pro- ceeds for the production and distribu- tion of low cost pictures. The pros- pectus states Imperial contemplates distribution of 45 pictures during the current season through a nationwide exchange system. The cost of acquir- ing them is given as S700.000, of which $350,000 is expected to be recouped during this season, according to the prospectus. Proceeds from the stock issue will (.Continued on page 8) Rose, Hicks Coming For Para. Confabs David Rose, supervisor of Para- mount's British production, will ac- company John W. Hicks, Paramount foreign head, to New York for a week of general conferences at the home of- fice on the company's British opera- tions. The two will sail from Eng- land Saturday on the Xormandie, ar- riving here Dec. 8. Adolph Zukor, Paramount board chairman, is expected in New York early next week in time to participate in the conferences here before sailing for London to take up his new post as head of the company's European operations. Zukor, Hicks and Rose probably will attend the adjourned meeting of the Paramount board, scheduled for Dec. 8. The Paramount executive commit- tee will meet tomorrow. Warners Entertain Champion Film Fan Hollywood, Nov. 30. — Styling him- self the "world's champion movie fan," W. G. Van Schmus, managing direc- tor of the Radio City Music Hall, New York, at a luncheon tendered him by Warner executives, players and directors, today declared that he was glad to see that "motion pictures are now not underestimating the in- telligence of audiences." "Audiences in recent years have be- come more shrewd in the selection of pictures," he declared. "They know, of course, that 'the play's the thing', but they appreciate fine performances." Van Schmus predicted that this year's yield of films would prove to be the finest in years. A testimonial scroll signed by Warner actors and actresses was presented to him. Set Anti-Ascap Bills in Iowa And Colorado Score Charge Not Music Tax, Says Mills New anti-Ascap legislation with ex- hibitor backing has been prepared for introduction in the Iowa and Colo- rado legislatures next month. Spon- sorship of the measures is attributed by Ascap in part to the encourage- ment given anti-Ascap legislation at the recent M. P. T. O. A. Oklahoma City convention. Taking cognizance of the spread of these state measures, E. C. Mills, chairman of the Ascap administrative committee, yesterday addressed pro- tests to major distributors against identification of the score charge as a "music tax" within the industry. Mills protested that the erroneous impres- sion that Ascap benefits from score (Continued on page 8) Final Briefs in US Suit Ready in Week Final submission of briefs to Fed- eral Judge William Bondy on the motions to strike out portions of the complaint and for a bill of particulars in the Government anti-trust case will not be completed until late next week, it was learned yesterday. United Artists has not yet submitted its (Continued on page 2) New Tax Forms to Simplify Returns Washington, Nov. 30.— Ex- hibitor and other corpora- tions with total receipts not exceeding $250,000 a year and net income of less than $25,- 000, will be relieved of much detail in preparing income tax reports next year by a new four-page corporation form which will replace the highly complicated six-page return heretofore used, the Treasury Department an- nounced today. New forms have been strip- ped of all questions which must be answered only by concerns with more than $250,000 incomes, and will simplify work for approxi- mately 85 per cent of the country's corporations, the Treasury said. MOTION PICTURE DAILY i Purely Personal ► Insiders' Outlook FELICIA, six-year-old daughter of Jimmy Sileo, photographer, youngest member of the Children's Opera Co., will have a leading role in the forthcoming "Snow White" oper- etta to be given during the Christmas holidays under the direction of Eva Leoni, at the Lyceum Theatre. George Blumenthal is the producer. Felicia will have the role of "Dopey." • Julian L. Lesser, son of Sol Les- ser, and Genee Mae Kobacher, mar- ried recently in Columbus, are in New York, set for a honeymoon of several weeks in Bermuda. • Jean Gacon de Cavaignac, French film producer, arrives today on the Champlain and may go to Hollywood. Todd Duncan, English actor, is ar- riving on the same boat. • John J. Payette, Warner Theatres Washington zone manager, is the father of a boy, Ronald Crandall, weight iy2 pounds, born at Columbia Hospital, Washington. • Lynn Farnol, United Artists ad- vertising and publicity director, left for the coast yesterday for three days of conferences with company produc- ers. • Samuel Rinzler of the Randforce Circuit is confined to his home with an injured leg. He expects to be back to his office within two weeks. • Stanton Griffis, chairman of the Paramount executive committee, will leave for a Florida vacation in the near future. • James Mulvey, eastern represen- tative for Samuel Goldwyn, will leave for the coast today to be gone about three weeks. • William F. Rodgers and Tom Connors will represent the M-G-M home office at the Jack Kirsch din- ner in Chicago tomorrow. • E. M. Hartley, manager of the sound department of National Theatre Supply, is on a tour of the southern branches of the company. • Clifford W. Smith left for the coast yesterday to assume his new post as general west coast manager of Erpi. J. Cheever Cowdin is expected in Hollywood on Saturday for confer- ences with Nate Blumberg. PERHAPS today the dis- tributors may conclude the drafting of the trade prac- tice program. Sidney R. Kent, president of 20th Century-Fox, returned from the south this morning, and the matter undoubt- edly awaits his attention. Wil- liam F. Rodgers, general sales manager of Metro, and chair- man of the distributors' commit- tee, may issue a statement on the matter today or tomorrow. What that statement will reveal is not known. It doesn't seem likely that the distributors will announce the program prior to submitting it for final approval to the exhibi- tor bodies. That is only a natu- ral course of business. But of course this may have already been done or will be before the distributors publicly indicate what the program shall be. Natu- rally, a public indication from the distributors at this time would be presumptive of the fact that the program had been com- pleted. Perhaps that's what the distributors will reveal essen- tially. T But in the trade it is regarded as momentous, no matter what the final program will show, that the various factions in the trade Levy Pleads Guilty In Waterbury Case Waterbury, Conn., Nov. 30. — Ed- ward G. Levy, general counsel for the M. P. T. O. A- and Connecticut M. P. T. O., pleaded guilty yesterday in Superior Court here, as 27 other de- fendants went on trial on conspiracy charges, accused of defrauding the citv of Waterbury of more than $1,000,000. Levy's New Haven law firm, Levy and Levy, had participated in a re- vamping of Waterbury's light rates, as a result of which he is said to have saved the city $250,000 in a few years, and for which he collected fees which are now in dispute. He has been serv- ing the M. P. T. O. A. since 1932 and the state unit since 1927. Final Briefs in US Suit Ready in Week (Continued from page 1) memorandum but is expected to do so this week. Thereafter, the Government will re- quest additional time to study all briefs and submit a reply. It is under- stood that the Government will not start its reply until the U. A. brief is received. Ross Transfers Gearty Kansas City, Nov. 30. — P h i 1 Gearty, assistant to W. O. Redden of Ross Federal Service here, has been transferred to Chicago. W. C. Clay- ton, field representative, succeeds him. shall have concluded a fair prac- tice policy under which all in the business can operate. That, of course, is the important angle of the situation. It is undoubtedly true that broad measures of relief will be accorded to the "oppressed" ex- hibitor. And there has been every indication to date that the new trade practice policy will be designed to benefit the small fel- low. That's as it should be. There will be a measure of re- lief on block booking, on pro- tection, on score charges, and some form of conciliation or ar- bitration, as it has been previ- ously indicated. The extent of relief on some of these which will be given already has been indicated by one side or the other. However, what the final papers will reveal is eagerly awaited by all within the trade. ▼ If there should be some dis- appointment in quarters regard- ing the final result, that must be viewed with understanding that it is impossible to obtain a pro- gram which will be 100 per cent agreeable to every group in the business. But that the program will be fair to the greatest num- ber, and feasible for all, is pretty well assured. S. S. Du Pont Seeks Halt On Pathe Stock Sale E. I. du Pont de Nemours & Co. filed suit in the U. S. District Court here yesterday against Pathe Film Corp. to enjoin the transfer of Du- Pont Film Corp. stock to Pathe stock- holders under the proposed plan of dissolution without first offering the stock to the plaintiff on equal terms. In the alternative, the complaint asked that Pathe be required to stamp on the stock certificates a statement to the effect that they are subject to a contract with du Pont. O. H. Briggs, president of Pathe, declared that the suit was based on a contract made in 1925, under which Pathe agreed not "to sell or otherwise dispose of" the stock. Subsequent agreements superseded the original contract and omitted the words "or otherwise dispose of," according to Briggs. The complaint set forth that the proposed plan threatened a breach of contract and would cause "irreparable damage." Under the plan, a large number of small stockholders would be created, it was alleged, and the plaintiff was ready to purchase all or any of the 3,500 shares of DuPont Film now held by Pathe. Republic Gets Lamont Hollywood, Nov. 30. — Fine Arts has suspended production here until after the first of the year. Charles Lamont, associate producer, signed to- day with Republic to direct "Pride of the Navy." Thursday, December I, 1938 U.A. Directors Get Facts on Producer Profit Sharing Plan (Continued from page 1) Korda might have the opportunity of sitting in on the profit sharing dis- cussions before they are finally put i»c to effect. Perhaps, also by that tifcde U. A.'s South American expansion plans will be ready. Korda arri- cu Dec. 8. - f Whether or not a shareholders' meeting also will be held while Korda is in New York remains to be deter- mined. Korda will go to Hollywood after a brief New York stay. He plans to make at least one film or two on the Coast. One of these may be "Pocahontas," with Merle Oberon. Whether or not the shareholders' meeting will take action regarding election of officers has not been re- vealed. Sears Leaves for Sales Drive Tour Gradwell L. Sears, Warner sales head, has left on a swing of exchanges in connection with the annual sales drive which runs for 16 weeks from Dec. 25, and will obtain field reaction for guidance in setting the new pro- gram. Hal B. Wallis, S. Charles Einfeld and Jack L. Warner will leave for the coast tonight, following confer- ences here. Sears is scheduled to ar- rive at the studio about Jan. 15. Alignment of releases for the pe- riod of the drive and merchandising campaigns were also set during the meetings here. "Dawn Patrol" has been set as the Christmas Week re- lease, with other December dates fol- lowing : "Comet Over Broadway," Dec. 3; "Heart of the North," Dec. 10; "Going Places," Dec. 31. Others are "Wings of the Navy," "Crime Is a Racket," "Off the Record," "Dark Victory," "Oklahoma Kid," "Yes, My Darling Daughter" and "Blackwell's Island." MOTION PICTURE DAILY (Registered V. S. Patent Office) MARTIN QUIGLEY, Editor-in-Chief and Publisher; SAM SHAIN, Editor; JAMES A. CRON, Advertising Manager. Published daily except Saturday, Sunday and holidays by Quigley Publishing Com- pany, Inc., Martin Quigley, president; Colvin Brown, vice-president and treasurer. Publication office: 1270 Sixth Avenue at Rockefeller Center, New York. Telephone: Circle 7-3100. Cable addresss: "Quigpubco New York." All contents copyrighted 1938 by Quigley Publishing Company, Inc. Address all correspondence to the New York office. Other Quigley publications : Motion Picture Herald, Better Theatres, Teatro al Dia, International Motion Picturf Almanac and Fame. BUREAUS: — ; Hollywood: Postal Union Life Building, Vine and Yucca Sts.; Boone Mancall, manager: William R. Weaver, editor. Chicago: 624 S. Michigan Ave.. C. B O'Neill, manager. London: 4 Golden Square. W, 1: cable address, Quigpubco, London: Hope Williams, manager. Entered as second class matter Sept. 23. 1938, at the post office at New York, N. Y.. under the act of March 3, 1879. Subscription rates per year $6 in the Americas and $12 foreign. Single copies 10c. Kenyon and Husband Return from Europe Doris Kenyon and her hus- band, Albert D. Lasker, re- turn today from their honey- moon, abroad. Miss Kenyon is a famous film actress and concert singer. Her husband is in the advertising business. Word has not been had whether Miss Kenyon shall continue her professional ca- reer. MOTION PICTURE DAILY Hollywood Preview "Flirting with Fate" (M-G-M-Daz-id L. Loew) Hollywood, Nov. 30. — This time the misadventures of Joe E. Brown take place in the South American gaucho country. Based on a simple premise^-the hero is trying to get his troupe of showfolks back to New York — the production is a series of ridiculous gags. Brown is, of course, the focal point of all that goes on. However, not only is he ably sup- ported but the picture takes on added name value from the presence of Leo Carrillo, Beverly Roberts, Steffi Duna, Wynne Gibson, Charles Judels, Stanley Fields, Leonid Kinsky and Chris Martin in the cast. Trouble starts for Brown and his troupe when, instead of getting a theatre manager's auto out of the mud, he sinks the fiery gentleman further into it. Determined to commit suicide, so that his life insurance money will provide passage funds, the ant poison he drinks turns out to be native fire water. Inebriated, he beards a fierce bandit (Carillo) in his lair, insults that worthy to a fare-thee-well, yet escapes the firing squad. Masquerading in a bull's hide, he stages a rough brawl with a tough bull, but still lives. He goes through a revolution unscathed. But, his actors having been involved in the wild goings on, Brown threatens to blow up all and sundry with a bottle of nitro-glycerine which he thinks is water. Guaranteed safe passage, he does throw the bottle over his shoulder, but it does no damage and the happy ending is attained. Dan Jarrett and A. Dorian Otvos wrote the story, for which the screenplay was done by Joseph Moncure March, Ethel LaBlanche, Charlie Melson and Harry Clork. Frank McDonald directed. The efforts of the writers, director, star and cast were pointed toward serving up a typical Joe E. Brown comedy. Running time, 70 minutes. "G."* G. McC "Little Orphan Annie" (Paramount) Hollywood, Nov. 30. — Producer John Speaks, director Ben Holmes, writers Bud Wilson Schulberg, Samuel Ornitz and Endre Bohem seem to have striven to retain in this filming of an episode in the adventurous life of Harold Gray's cartoon heroine the essence of that attenuated plausibility and exaggerated melodrama which is the hall-mark of the modern comic strip. A noble endeavor, it is regrettably reported that large sections of the preview audience didn't wait to see how it came out. Such laughter and excitement as were manifested came from the very young, and briefly. Ann Gillis as Annie is personable and charming but has impossible things to do. J. Farrell MacDonald, Robert Kent and June Travis, the adult principals, are similarly handicapped. The setting is a poor sec- tion of New York City and the tale is about a young boxer financed secretly by the impoverished citizens in hope of reward through victory. A gangster-ish loan shark somewhat implausibly kidnaps the boxer to protect his customers against winning money with which to pay their debts to him and the ladies of the community beat up the gangster and his musclemen with rolling pins in a protracted slapstick sequence that might be much funnier in pen and ink than it is in this form. Running time, 58 minutes. "G."* Roscoe Williams *"G" denotes general classification. Thursday, December I, 1938 Only "King" Stands Up in Philadelphia Philadelphl\, Nov. 30. — "If I ^ere King" did $18,000 at the Boyd the Earle with "Service de Luxe" and a stage show took $17,500. "The -gaming Hour" drew $14,000 at the I Anley. Rest of the attractions slumped. Estimated takings for the week end- ing Nov. 25 : "Young in Heart" (U. A.) ALDINE— (60C) (45c-55c-65c-76c) 7 days. 2nd week. Gross: S/,000. (Average, $8,160) "Mad Miss Manton" (RKO) ARCADIA— (600) (25c-40c-55c) 6 days. Gross: Sl,700. (Average, 7 days, $2,800) "If I Were King" (Para.) BOYD — (2,400; (40c-55c-65c) 7 davs. Gross: $18,000. (Average. $14,00) "Service De Luxe" (Univ.) EARLE— (2,000) (25c-40c-55c) 6 days. Stage: Dick Foran, Ann Mdler, Roger Pryor and Band. Gross: $17,500. (Average, $14,000) ' Just Around the Corner" (20th-Fox) FOX — (3,000) (40c-55c-65c-75c). Gross: $10,000. (Average, 7 days, S14,000) "Men With Wings" (Para.) KARLTOX— (1,000) (25c-40c-55c) 7 days. Gross: $2,800. (Average, $4,000) "Brother Rat" (W. B.) KEITH'S— (2,000) (25c-40c-55c) 7 days. Gross: $3,000. (Average. $4,000) "The Shining Hour" (M-G-M) STAXLEY— (3,700) (40c-55c-65c) 7 days. Gross: $14,000. (Average, $14,000) "Young Doctor Kildare" (M-G-M) STAXTOX— (1,700) (25c-40c-55c) 7 days. Gross: $5,000. (Average, $4,700) Montreal Goes Big For Horror Double Montreal, Nov. 30.— "If I Were King" reigned here with $12,000 at the Palace theatre. Second week of "Boys' Town" grossed $6,500 for the Capitol. "Dracula" and "Franken- stein" brought $7,500 to the Princess, and "The Young in Heart" registered $4,000 for its second week at the Orpheum. Estimated takings for the week ending Nov. 26: "Boys Town" (M-G-M) CAPITOL— (2,547) (25c-40c-55c-65c) 7 days. Gross: $6,500. Second week. (Aver- age, $9,500) "Listen Darling" (M-G-M) LOEW'S^(2,800) (25c-40c-50c) 7 days. Stage: Milt. Britton's band and vaude- ville. Gross: $6,000. (Average, $8,000) "The Young in Heart" (U. A.) "Touchdown, Army" (Para.) ORPHEUM— (919) (25c-35c-50c, 7 days. Gross: $4,000. 2nd week. (Average, $5,000) "If I Were King" (Para.) PALACE— (2,600) (25c-40c-55c-65c) 7 days. Gross: $12,000. (Average, $11,000) "Dracula" (Univ.) "Frankenstein" (Univ.) PRIXCESS— (2,272) (25c-35c-50c-65c) 7 days. Gross: $7,500. (Average, $7,000) Expunge Old Para. Claim Claims totaling $1,397,417 of G. B. Theatres Corp. against the Para- mount-Publix Corp. have been ex- punged by Federal Judge Alfred C. Coxe upon recommendation of Special Master John E. Joyce. No objection was made to the elimination of the claims. The suit is based upon the assumption in 1926 by Paramount- Publix of two indentures given by G. B. when the latter's assets were taken over. Olympia Theatres, Inc., subsequently undertook payment of the indentures, and they were liqui- dated in the Olympia receivership. "Birth" Petition Denied Troy, Nov. 30. — American Commit- tee for Maternal Welfare, Inc., and Sam Citron, producer of "The Birth of a Baby," petitioners in an action which seeks to set aside the ruling of the State Board of Regents, lost their motion for a jury trial here. Su- preme Court Justice Pierce H. Rus- sell declared that the suit should have been brought before the Appellate Division and not the Supreme Court. Altec, Skouras in Deal Skouras Theatres Corp. has closed a deal with Altec Service Corp. to service the 58 houses operated and controlled by the circuit. Jules Cat- siff acted for the circuit and Bert Sanford, Jr., for Altec. Saints, Sinners Will Honor Christenberry Robert K. Christenberry, vice-presi- dent and general manager of the Hote.' Astor, will be the "fall guy" at the next luncheon meeting of Dexter Fel- lows Tent, Circus Saints and Sinners Club of America, to be held at thr Astor on Dec. 14, at 12:30 P. M Charter Two Companies Albany, Nov. 30. — European News and Film Co., Inc., has been chartered here to deal in pictures. Directors are Israel J. Beck, Edwin Marks and Mildred Doelle of Freeport, L. I. Also incorporated was Popular Pro- ductions, Inc., by Ann Victor, Flor- ence Abramson and Josephine Lang- felder, New York. 3 Frisco Gives Nice $14,500 To 'Cowboy' San Francisco, Nov. 30. — "Cow- boy and the Lady" topped grosses with $14,500 at the United Artists. "You Can't Take It With You" also displayed a box-office kick, taking $11,000 at Orpheum. "The Great Waltz" paired with "Road Demon" was disappointing at the Warfield, drawing $11,500. Estimated takings for the week end- ing Nov. 22 : "A Man to Remember" (RKO) GOLDEN GATE— (2,850) (35c-40c-55c) 7 days. Stage: vaudeville. Gross: $13,500. (Average, $16,000) "The Cowboy and the Lady" (U. A.) UNITED ARTISTS— (1,200) (15c-35c-40c- 55c-65c) 9 days. Gross: $14,500. (Average, $7,000) "You Can't Take It With You" (Col.) ORPHEUM— (2.440) (15c-35c-40c-55c), 7 days. Gross: $11,000. (Average, $8,500) "Suez" (20th-Fox) PARAMOUNT— (2,740) (15c-35c-4Cc-55c- 75c) 4 days, 3rd week. Gross: $4,000. (Average. S13.000) "Brother Rat" (W. B.) "King of Alcatraz" (Para.) FOX— (5,000) (15c-35c-40c-55c-75c) 7 days. Gross: $15,000. (Average, $17,000) 'Stablemates" (M-G-M) "Road to Reno" (Univ.) _STV FRANCIS— (1,400) (15c-35c-40c-55c- 75c) 7 days, 2nd week (moved over from Fox). Gross: S5.50O. (Average. $7,000) "The Great Waltz" (M-G-M) "Road Demon" (20th-Fox) WARFIELD— (2,680) (15c-35c-40c-55c-75c) , 7 days. Gross: $11,500. (Average, $13,000) "Grand Illusion" (World) CLAY— (400) (15c-35c-40c) 7 days, 3rd week. Gross: $1,100. (Average, $1,300) "Moonlight Sonata" (U. A.) LARKIN— (390) (15c-35c-40c) 7 days, 5th week. Gross: $950. (Average, $1,300) 'Girls' School' Gets $15,300 in Cleveland Cleveland, Nov. 30. — "Brother Rat" held top place here for the second consecutive week, with $5,900 at the Allen. Gypsy Rose Lee, vaudeville head- liner at the RKO Palace, was the big draw with "Girls' School" as the screen attraction, at $15,300. Weather was clear the first part of the week with extreme cold and heavy snow the last half. Estimated takings for the week end- ing Nov. 23 : "Brother Rat" (W. B.) ALLEN— (3,000) (30c-35c-42c) 7 days. 2nd week. Gross: $5,900. (Average, $4,000) "Submarine Patrol" (20th-Fox) WARNERS' HIPPODROME — (3,800) (30c-35c-42c) 7 days. Gross: $9,000. (Aver- age, $12,000) "Girl's School" (Col.) RKO PALACE — (3,100) (30c-42c-5Sc) 7 (lays. ; Stage: Gypsy Rose Lee and vaude- ville. Gross: $15,300. (Average, $15,000) "The Shining Hour" (M-G-M) LOEWS STATE— (3,500) (30c-35c-42c) 7 days. Gross: $11,500. (Average, $13,000) "The Great Waltz" (M-G-M) LOEWS STILLMAN— (1,900) (30c-35c- 42c) 7 days. 2nd week. Gross: $4,500 (Average, $5,000) Eden Cancels CEA Talk London, Nov. 30. — Anthony Eden, former British Foreign Secretary, has cancelled his planned speech at the dinner here of the Cinematograph Exhibitors' Association Dec. 13, be- cause it conflicts with the convention in New York of the National Asso- ciation of Manufacturer?, Dec. 12, at which Eden is scheduled to speak. Viscount Cranborne will speak instead. GREAT ■?D, "LET '"V'nMEN TO GUARD THEM! jATURE BOLD Us trackless pKm* Und eokS'- « to adverse...- Sky-p*tercin«3 P~ ^ ^ reCkless men Guarding where eivi end of a rope. vast dominion, a ^ 0 f.fle hangs crime « ^ . ... and iaw ro|nance ot w-»- ef, . . the qranaesT , . ve for [THEATRE IMPRINT HERE] On the Screen and In the Papers For a Mid- December Mop- Up! A TO BE READ THRU THE LENGTH AND BREADTH OF THIS LAND BY MORE THAN 28 MILLION FAMILIES! CLIMAX OF THE ACTION- PACKED CAMPAIGN BEHIND THIS ACTION- JAMMED JAMBOREE FROM WARNER BROS! It runs full-page size in full color in The American Weekly [top circulation of any publication anywhere! J.It's timed to catch the picture's national release... wire your booking now and your own theatre name will be carried in the ad! MOTION PICTURE DAILY Out Hollywood Way 'Drums' Leads Seattle With Great $8,700 Seattle, Nov. 30. — "Drums" led the town with $8,700 at the Liberty. A dual of "Submarine Patrol" and "Swing That Cheer" at the Para- mount was strong at $7,150. "Stablemates" and "Touchdown Army" at the Fifth Avenue was fair. The weather turned colder. Estimated takings for the week end- ing Nov. 25 : "Suez" (20th-Fox) BLUE MOUSE — (950) (30c-40c) 6 days, 3rd week, extended run from Paramount. Gross: $3,200. (Average, $4,000) "Stablemates" (M-G-M) "Touchdown Army" (Para.) FIFTH AVENUE — (2,500) (30c-40c-55c) 6 days, 2nd week. Gross: $6,800. (Average, $7,000) "Drums" (U. A.) LIBERTY — (1,800) (20c-30c-40c-55c) 7 days. Gross: $8,700. (Average, $5,000) "The Great Waltz" (M-G-M) MUSIC BOX — (950) (30c-40c-55c) 6 days, 3rd week, extended run from Fifth Avenue. Gross: $3,100. (Average, $4,000) "The Citadel" (M-G-M) "Listen Darling" (M-G-M) ORPHEUM— (2,450) (30c-40c) 6 days, 2nd week. Gross: $5,350. (Average, $6,000) "Shadows Over Shanghai" (G. N.) "Fugitives For a Night" (RKO) PALOMAR— (1,500) (15c-25c-35c-40c) 7 days. Vaudeville headed by Capt. Dobbsie. Gross: $5,400. (Average, $5,000) "Submarine Patrol" (20th-Fox) "Swing That Cheer" (Univ.) PARAMOUNT— (3,050) (30c-40c) 6 days. Gross: $7,150. (Average, $6,000) Marino Sets 2nd Short Sam Marino, who recently com- pleted "Jai-Lai" as the first of a series of six one-reelers on novelty sports subjects, will feature an all-girl foot- ball team in his second production now in preparation. Kennedy Joins G. N. San Francisco, Nov. 30. — L. E. Kennedy, former Pathe branch man- ager in Denver, has been added to the San Joaquin Valley sales force of Grand National. Hollywood, Nov. 30. — Bryan Foy has arranged a deal with the San Francisco World's Fair executives to use the fair for a background of a "Torchy Blane" series. It will be titled "Torchy at the World's Fair." . . . Ely Culbertson, bridge expert, has been signed by Paramount as technical advisor on bridge sequences in Paramount's "Midnight" . . . Harry Sherman's final picture of the year for Paramount release, "Heritage of the Desert," from the Zane Grey title, will have a cast headed by Evelyn Venable, Donald Woods, C. Henry Gordon, Sidney Toler, Robert Barrat and Paul Fix. Sherman resumes production of the "Hopalong Cassidy" pictures, starring William Boyd, in April of 1939. Maureen O'Sullivan and Ralph Bellamy head the cast, with Henry Fonda, of Columbia's "Let Me Live." After a five year absence from the screen, Ina Claire has signed a term contract with M-G-M and will appear in "I Take This Woman," costarring Spencer Tracy and Hedy Lamarr. . . . Virginia Bruce has been given the feminine lead opposite Nelson Eddy in M-G-M's "Song of the West" . . . Brian Donlevy is now the actor who will feel the lash of a 20-foot bull whip in Akim Tamiroff's hands in Paramount's "Union Pacific." Charles Bickford passed up the role, and J. Carroll Naish, later selected, had another commitment . . . Patsy Mace, 18-year-old Hollywood girl who won the title of "Miss Mo- tion Pictures," at a beauty contest, has been given a term contract by Paramount . . . Roger Daniel, 15- year-old actor, replaces Frankie Thomas in Edward Small's "King of the Turf." Frankie was prevented from taking the role because of his work in a Warner picture . . . Jimmy Cagney's Greeting, "Whadd'ya hear, whadd'ya say?," used in "Angels With Dirty Faces," has been used as a title of a song written by Harry Warren. Irving Fein is do- ing- the lyrics. Witmark will pub- lish it. + Casting — Jerry Colonna and Luis Alberni to "Always Leave Them Laughing," Warners . . . Dick Pur- cell to "Tough Kid," Monogram, which will star Frankie Darro . . . Marjorie Reynolds and Milburn Stone have been signed by Mono- gram for roles in the six "Tailspin Tommy" features to feature John Trent . . . Walter Connolly and Rex Ingram, the latter the noted col- ored actor, have been signed by M-G-M for "Huckleberry Finn." . . . Virginia Grey and Rita Johnson to "Broadway Serenade," M-G-M . . . Paramount has obtained the Don Cossack chorus for "Hotel Imperial" . . . J. M. Kerrigan to "Union Pa- cific" at Paramount . . . Raymond Walburn to "Song of the West," M-G-M . . . Barbara Pepper to "The Awakening of Katrina," at the same lot. + Contracts — M-G-M has signed June Preisser, comedienne and acro- batic dancer, to a term contract and renewed the pacts of Ruth Hussey, featured player, and Reinhold Schunzel, Robert Sinclair and Leslie Fenton, directors . . . Para- mount has signed Frederick Jackson to a term contract, assigning him to the Andrew Stone unit, following his work on "Say It With French." Laura Wilck set the deal. + Writers — Grover Jones has been signed by Hal Roach to write the script for "Captain Midnight," which will star Brian Aherne and Victor McLaglen . . . Warner assignments : Warren Duff on the script of "Glit- ter," Raymond Schrock on an original, "Girls' Reform School," Fred Niblo, Jr., on "The Return of Dr. X," Anthony Coldeway on "Student Nurse" and Vincent Sher- man on "Gantry the Great." Omaha Is Strong for 'King' and 'Numbers' Omaha, Nov. 30. — "If I Were King," dualled with "Safety in Num- bers," pulled $9,200 at the Omaha for the best of a mediocre week. Warm weather hurt general business also. "V alley of the Giants" and "Five of a Kind" were good for $8,000 at the Orpheum. Estimated takings for the week end- ing Nov. 23 : "Brother Rat" (F. N.) "Tarnished Angel" (RKO) "Breaking the Ice" (RKO) "Smashing the Rackets" (RKO) (4 days) BRANDEIS— (1,200) (25c-35c-40c) Gross: $4,800. (Average, $4,000) "If I Were King" (Para.) "Safety in Numbers" (20th-Fox) OMAHA— (2,200) (25c-40c) 7 davs. Gross: $9,200. (Average, $5,500) "Valley of the Giants" (W. B.) "Five of a Kind" (20th-Fox) ORPHEUM— (3.000) (25c-40c) 6 days. Gross: $8,000. (Average, $7,200) "Men With Wings" (Para.) "Campus Confessions" (Para.) (3 days, 2nd week) "Four's a Crowd" (W. B.) "Strange Faces" (Univ.) (4 days) PARAMOUNT— (3,000) (25c-40c). Gross: $4,200. (Average, $4,500) Thursday, December I, 1938 'Boy'-'Sisters' Strong in Hub With $16,000 Boston, Nov. 30. — "The Sisters,'' doubled with "Gangster's Boy" at/fcy; Metropolitan, took $16,000. | -j The Paramount and Fenway were' strong with "Hard to Get" and j Cl legal Traffic." The dual brought $7^J(J at the Fenway and $9,000 at the Para- mount. Estimated takings for the week ending Nov. 26: "Hard to Get" (W. B.) "Illegal Traffic" (Para.) FENWAY — (1.382) (25c-35c-40c-55c) 7 days. Gross: $7,000. (Average, $4,500) "Stablemates" (M-G-M) "Listen Darling" (M-G-M) LOEWS ORPHEUM— (2,907) (25c-35c- 40c -55c) 7 days. 2nd week. Gross: $13,000. (Average, $12,000) "Stablemates" (M-G-M) "Listen Darling" (M-G-M) LOEWS STATE— (3,537) (25c-30c-40c-55c) 7 days, 2nd week. Gross: $8,500. (Average, $11,000) "The Sisters" (W. B.) "Gangster's Boy" (Mono.) METROPOLITAN— (4,332) (25c-35c-40c- 55c) 7 days. Gross: $16,000. (Average, $11,000) "Hard To Get" (W. B.) "Illegal Traffic" (Para.) PARAMOUNT— (1,790) (25c-35c-40c-55c) 7 days. Gross: $9,000. (Average, $8,000) "Little Tough Guys in Society" (Univ.) "Annabel Takes a Tour" (RKO) RKO MEMORIAL— (2,970) (25c-35c-40c- 55c) 7 davs. Gross: $9,000. Average, $13,- 000) 'Manton,' Heidt Beat Pittsburgh Storm at $30,800 Pittsburgh, Nov. 30. — A traffic- paralyzing snowstorm raised havoc with grosses for Thanksgiving Day, ending a week of spotty business. "The Mad Miss Manton" and Horace Heidt and band drew $30,800. "The Citadel" in its second week gave the Warner a good $6,300. "Dark Rapture" at the Fulton brought in $5,200 and won a second week. Estimated takings for the week end- ing Nov. 24: "The Mad Miss Manton" (RKO) STANLEY— (3,756) (25c-60c) 6 days. Horace Heidt's band on stage. Gross: $30,800. (Average, $21,000) "Girls' School" (Col.) "Mr. Moto" (20th-Fox) ALVIN— (1,850) (25c-50c) 7 days. Gross: $5,800. (Average, $5,900) "Dark Rapture" (Univ.) FULTON— (1.750) (25c-40c) 7 days. Gross: $5,200. (Average, $4,800) "The Shining Hour" (M-G-M) PENN— (3,400) (25c-50c) 7 days. Gross: $12,000. (Average, $14,000) "The Citadel" (M-G-M) WARNER— (2,200) (25c-50c) 7 days. Gross: $6,300. (Average, $5,500) Dismiss Van Beuren Suit N. Y. Supreme Court Justice Wil- liam T- Collins has dismissed the $100,000 damage action brought by Joan Lowell against the late Amedee J. Van Beuren for failure of the plaintiff to prosecute her action. The complaint charged that the defendant had "interfered" with a contractual relationship between the plaintiff and the Van Beuren Corp. This advertisement appears as a matter of record only and is under no circumstances to be construed as an offering of these securities for sale, or as an offer to buy, or as a solicitation of an offer to buy, any of such securities. The offering is made only by the Prospectus. 424,000 Shares Imperial Pictures Inc. Common Stock ($1.00 Par Value) Initial Offering Price $1.50 per Share Copies of the Prospectus may be obtained from the undersigned. SMITH, FRIZZELLE & CO. INC. 60 Wall Tower, New York Phone HAnover 2-9140 Bell System Teletype NY 1-1838 Thursday, December I, 1938 MOTION PICTURE DAILY FCC Calendar Washington, Nov. 30. — Federal Communications Commission has as- signed tentative dates for hearings on broadcasting applications, as fol- lows : Jan. 9 : Applications of Lawrence J. Heller for a 1,310-kilocvcle station a*J*V ashington, with 100 watts night, .vf|) watts day; KGNO, Dodge City, Kan., for increase of power from 250 >, t%^00 watts, and WJRD, Tuscaloosa, .' I /, for extension of time from day to unlimited with 100 watts night, 250 watts day. Jan. 23 : Applications of Northwest- ern Broadcasting Association for ? 1,310-kilocycle, 100-watt station at Evanston, 111. ; Bureau of Education for a 1,420-kilocycle, 100 watt day- time station at Montebello, Cal., and WFIL, Philadelphia, for increase of day power from 1,000 to 5,000 watts Feb. 6: Applications of Central Broadcasting Corp. for a 1,500-kilo- cycle station at Worcester, with 100 watts night, 250 watts day : Kingston Broadcasting Corp. for a 1,500-kilo- cvcle, 100-watt daytime station at Kingston, N. Y., and WSGN, Bir- mingham, Ala., for change of fre- quency from 1,310 to 1,290 kilocycles and increase of power from 100 watts night, 250 watts day, to 1,000 watts. Puerto Rico Hearings Set Feb. 14 : Applications of Enrique Abarca Sanfeliz for a 580-kilocycle station at San Juan, P. R., with 1,000 watts night, 5,000 watts day, and United Theatres, Inc., for a 580-kilo- cycle, 1,000-watt station at San Juan, P. R. Feb. 27: Application of WHLS, Port Huron, Mich., for extension of time from day to unlimited with 100 watts night, 250 watts day. The commission has ordered hear- ings on the applications of Publix Bamford Theatres, Inc., for a new 1,430-kilocycle, 1,000-watt broadcast- ing station at Asheville, N. C. ; Elgin Broadcasting Association for a 1,500 kilocycle, 100-watt daytime station at Elgin, 111., and Vincennes News- papers, Inc., for a 1,420-kilocycle, 100-watt station at Vincennes, Ind. Hearings also were ordered on the applications of WSNJ, Bridgeton, N. J., for extension of time from day to unlimited with 100 watts night, 250 watts day, and WDGY, Minneapolis, for extension of time from limited to unlimited. Plishker Gets New Westinghouse Post Herbert E. Plishker, who for more than 11 years has been a member of the advertising force of Westinghouse Electric and Mfg. Co., lamp division, has been appointed sales promotion manager of that department, succeed- ing J. F. O'Brien, who recently re- signed. Plishker was formerly with the Pratt & Lindsay Advertising Co. WABC Shows via Wayne Effective at once, all CBS pro- grams broadcast over WABC will be sent to the transmitter in Wayne, N. J. over newly installed high fidelity circuits. The new circuits have a tonal range of nine octaves, which means, according to engineers, that pickups will be clearer and sharper than heretofore, especially musical programs. Garden Television To Highest Bidder Television rights to Madi- son Square Garden events will go to the highest bidder when and if a commercial market for such rights comes into existence, Stanton Grif- fis, chairman of the board of the Garden and chairman of the Paramount executive com- mittee, said yesterday. Griffis added that he, per- sonally, would have nothing to do with negotiations for such rights, implying that he would not inject himself into a situation in which his Para- mount and Madison Square Garden interests might con- flict. His statement was made in answer to a report that television rights to Garden events would go to DuMont Laboratories, in which Para- mount is interested. FCC to Hear Plea Of WLW for Super Power December 15 Washington, Nov. 30. — Preparing to determine finally the desirabil- ity of super-power early next year, the Federal Communications Com- mission today declared oral argument on the WLW application for continu- ance of its super-power permit would be heard Dec. 15. With its application for extension of the permit held up, the station for many months has been operating on a temporary status. Lengthy hearings were held on the application last sum- mer, following even longer hearings on the question of whether super- power use should be made more gen- eral. Manufacturers, NAB In Chicago Meeting Chicago, Nov. 30. — Committees of the Radio Manufacturers Associa- tion and the National Association of Broadcasters met at the Stevens Hotel here today to discuss ways and means for mutual cooperation on promotion matters and problems concerning their activities. It is learned that each committee will report back to its own group, with subsequent working out of specific plans. Form Broadcasting Corp. San Francisco, Nov. 30.- — Headed by William L. Gleason, former man- ager of KYA's Oakland studios, the Broadcasting Corp. of America, capi- talized at $25,000, has filed articles of incorporation in Sacramento. Also named as leaders in the new group are E. W. Laisne, head of the Pro- gressive Optical System, which used radio time, and Loyal C. Kelly of Riverside. Reed KROW Manager San Francisco, Nov. 30. — J a c k Reed, former Fanchon and Marco vaudeville performer, has been named manager of KROW's local studios. NBC Explains Its Purchase of WPTF William S. Hedges, NBC vice- president in charge of station rela- tions, yesterday issued a statement regarding NBC's purchase of WPTF, Raleigh, N. C. WPTF, owned by the Durham Life Insurance Co., originally was re- stricted to daytime operation only. In order to remain on the air after sundown, the owners made a deal with NBC to use the 680-kilocycle channel of NBC's San Francisco station, KPO. In order to protect KPO's channel, Hedges states, the network asked for and obtained an option on the station's capital stock. This ar- rangement continued satisfactorily until recently, when the Durham In- surance Co. declared itself unwilling to continue with the arrangement. This action, according to Hedges, al- lowed NBC no alternative except to exercise its option. Accordingly, NBC has paid $210,000 to the Durham Insurance Co. The first option given by Durham was for $75,000. The price, however, has been advanced with each renewal and in the course of five years advanced to the $210,000 figure. Mindful apparently of unfavorable press and business reaction in North Carolina, Hedges' statement gives assurances that the station will con- tinue to be operated by North Caro- linians if such a deal can be arranged. Gulf Gas Finally Signs Guild Show Screen Actors' Guild program for the Gulf Gas Co. has finally been set, and will start on Jan. 8 from 7 :30 to 8 P. M. over the same CBS hookup now being used by John Nesbit's "Passing Parade." The deal culminates months of negotiations between the S.A.G. and the sponsor. The guild was repre- sented bv the Music Corp. of Amer- ica, while Young & Rubicam, Gulf's agency, acted for their client. Every detail of the program, from script, production and direction, to the nresentation of the players, will be handled by the S.A.G. All salary pay- ments will be turned over by the spon- sor directly to the Motion Picture Relief fund. Post Series on WOR Starts Next Sunday New York Post will sponsor a Sun- day full hour program on WOR for 13 weeks, starting next Sunday. The series will be in behalf of the Post's current circulation drive with give- aways of an album of recorded classi- cal music. The series will consist of playings of recordings contained in the album. Amos Parrish & Co. placed the con- tract. Irna Phillips to Coast Irna Phillips, author of "Guiding Light," "Woman in White" and "Road of Life," will leave for Holly- wood today to negotiate the sale of a new radio script with a Hollywood sponsor. RADIO anner LINES '*p)E the best of whatever you are," -D an ancient philosopher once said, and obviously the thief who walked off with the bull fiddle in CBS Playhouse No. 3 Monday night deserves a very high rating in his profession. Anyone who can lug away a bull fiddle with- out being observed is a very excellent thief indeed. T With jitterbugs multiplying as rapidly as amoebae, and swing bands holding down a majority of the assignments on the choice com- mercial hours, it is difficult to un- derstand why the "Saturday Night Swing Session" remains unsold. The "Swing Session," in our esti- mation, is the best musical show of its kind on the air. The program has a built-up audi- ence earned through almost two years of broadcasting at the one hour each Saturday, has evoked fa- vorable press and audience com- ment, has superlative production, presents the top swing performers as guests, and is a powerful mail puller, its fan mail now being in excess of 25,000 pieces, yet despite all these virtues and a price tag which is not prohibitive, it still hasn't been sold. "Swing Session" deserves a better fate. T In the light of what followed Father Coughlin's broadcast of two Sundays ago, and in view of WLW's refusal to broadcast "People's Rally" last week because the program sought a vote on whether or not the United States should declare an embargo on German goods, the column would like to make a suggestion that might solve a diffi- cult problem. Our suggestion is this: Whenever a broadcast which threatens to bring about controversy is scheduled, be it sponsored or unspomored, why can- not the stations or networks immedi- ately insert speakers who shall attempt to refute what the previous speaker has declared. The rebuttals can be presented under the standing program title of "The Other Side of the Story." T A CBS policy is to fill vacancies in its New York announcing ranks by advancing announcers who have served on its affiliated stations. A commendable policy. Thus when Rus Russell recently tried to get a CBS berth he failed be- cause he is with WGN, Chicago, a Mutual station. But when auditions for announcers for the Bob Bench- ley Old Gold cigarette show were held, Jim Fleming, competing against a crack field, was the lad selected. But Fleming didn't come from a CBS affiliated station. He's from WGN, the Mutual station in Chicago. The "how come" explanation is compara- tively simple, however. Fleming han- dled baseball broadcasts for Old Gold over WGN, and the sponsor liked his work. And of course when a sponsor wants something, he generally gets his way, even when it is against pol- icy. T An event that should be noted: The "Rise of the Goldbergs" strip celebrates its 10th year as a net- work feature next week. — Jack Banner MOTION PICTURE DAILY Thursday, December I, 1938 Set Anti-Ascap Bills in Iowa And Colorado (.Continued from page 1) charge collection has been permitted to stand and is responsible for most of the antagonism which exhibitors feel toward the music licensing scci ety. He attributes exhibitor support of anti-Ascap legislation to this im pression, whereas, he asserts, Ascap has nothing to do with the score charge and collects only its per seat levy from theatres for music perform- ance rights. Advised that the separate score charge is being eliminated under the pending industry trade practice agree- ment, Mills said that "all exhibitors are aware that the charge will be added to film rentals" and that Ascap, therefore, believes it to be essential that exhibitors understand that no part of the score charge goes to Ascap. Tri-National and Normandie Bow In John E. Otterson's Tri-National Films made its debut in this country last night with the opening of its French-made "Sacrifice D'Honneur," starring Annabella, at the new Nor- mandie Theatre, Park and 53rd. French consular attaches were guests, along with other French no- tables, at the first performance of New York's newest "art" theatre. John Harris, Sam Harris, John Otter- son, Joseph McGoldrick, John Eber- son, Leo Abrams, Bob Wolf and Nat Byer were on hand among the 580 top hat-and-ermine celebrities. The new Normandie is patterned on the lines of the S. S. Normandie, a stone front giving a steamship appear- ance, including the port-holes. The main lobby and auditorium were built along lines suggested by the Music Hall. Harry Brandt and David Wein- stock built the theatre, which will be operated on a continuous run policy at $1.25 top price evenings, and a 75- cent top afternoons. First runs of foreign pictures will be the policy in the main, giving par- ticular attention to Tri-National's im- portations from France and England. Imperial Offers New Common Stock Issue (.Continued from page 1) total $446,250, after deducting ex- penses of registration and sale, the prospectus states. William M. Pizor is president of Imperial. Lewen Pizor of Philadelphia is vice-president and treasurer. The company has an authorized cap- italization of 1.000,000 shares of $1 par value, of which 39,714 shares are outstanding. Skouras Will Try Vaude at Academy George Skouras is inaugu- rating an experimental series of stage shows at the Acad- emy of Music soon, to run Tuesdays and Wednesdays weekly. It is said the show will comprise five acts and a band, and the theatre com- pany is hopeful that the se- ries will prove successful so as to become a permanent part of the theatre's policy. Naturally, the effort is di- rected towards improving the business of the theatre on these two particularly low days of the week. Whether the policy will be extended to other houses on the Skouras circuit has not been made known. Government Film For Pan-American Relations Urged Washington, Nov. 30. — Produc- tion and distribution of Government- made films throughout South America to promote friendship between the sis- ter republics was recommended Tues- day by the Interdepartmental Com- mittee in a report to the President. Expenditure of $176,500 was recom- mended for the production of two fil ms, distribution of six existing films, and projection equipment for embassies. The report proposes two films, one to be made here and distributed in South America, and another to be made there and distributed here, each at a cost of $45,000. Six existing films would be dubbed in Portuguese and Spanish at a total cost of $30,000. The U. S. Film Service would supervise the undertaking and the films would deal with "various activities of the Government, including those in the technical and scientific fields." The Service would likewise act as "a co- ordinating agency and clearing house for motion picture matters of interest to the 21 American republics." Although no projects have been de- veloped for broadcasting, the F.C.C. is now considering engineering stand- ards and the elimination of interfer- ence and is expected to report to the President in January. G. N. May Reduce Slate to 36 Films Grand National's announced schedule of 44 features for this season may be reduced to 36 as a result of the recent agreement for a takeover of the as- sets of Fine Arts Pictures by Earle W. Hammons and associates. A de- cision on the reduced production schedule will be made this week. Transfer of Fine Arts' assets has been delayed due to the insistence of Franklyn Warner, head of that com- pany, on formation of the new Ham- mons' company prior to the turnover. Organization of the new Hammons' company had not been completed at the time the purchase agreement was reached with Warner and the latter was called back to the coast imme- diately thereafter. On his return here Friday, it is expected, the transfer of assets will be completed. Adele Gutman Nathan has been named G. N. eastern storv editor. Hollywood, Nov. 30. — After meet- ing yesterday with directors of Fine Arts Pictures, Franklyn Warner, president, refused comment on the future of the company, which has parted from Grand National. M. A. Penny, Leland F. Davis and George Bigelow spent the entire day confer- ring with Warner, who said he ex- pects to leave today or tomorrow for New York. Graham to Dufaycolor London, Nov. 30. — John C. Gra- ham, who resigned recently as man- aging director for Paramount in England, has joined Dufaycolor. Bernhard Returning From Zone Meetings Joseph Bernhard, head of Warner theatres, and Harry Goldberg, adver- tising director, return today after holding zone meetings in Chicago Tuesday and in Pittsburgh yesterday. The Chicago meeting was supervised by James Coston, zone manager, with Harry Kalmine presiding in Pitts- burgh.. All district, theatre and pub- licity managers attended. New Mexico City House Mexico City, Nov. 30. — This city is to have another de luxe neighbor- hood house when the Cine Coloso, a 1,500-seat theatre owned bv the Samuel and Oscar Granat circuit opens shortly. Chicago Meeting to Set Metro Releases M-G-M's release schedule for the next three months will be planned at the company's mid-season sales meet- ing in Chicago, Saturday and Sunday. William F. Rodgers, general sales manager, will preside and will lead discussions on sales progress and the windup of the season's selling. Attending from the home office, in addition to Rodgers, will be Division Managers Tom Connors and Ed Saunders, Alan F. Cummings, ex- change operations manager, and Ed- ward W. Aaron, assistant to Rodgers. District managers attending will include Jack Flynn, Detroit ; Ted O'Shea, New York ; Maurice N. Wolf, Boston ; Charles E. Kessnich, Atlanta ; Harris P. Wolfberg, Kansas City ; George A. Hickey, Los Angeles, and John J. Maloney, Pittsburgh. Loew Stockholders Suit Begins With Denial by Defense Trial of the suit brought by nine Loew stockholders against the com- pany and its officers and directors got under way before Justice Louis. A. Valente in the N. Y. Supreme £'j);rt yesterday. Charges of "unconsJ^n- able conduct" on the part of Loe>g. of- ficers made by Emil K. Ellis, ^ *)ci- pal attorney for the minority group, in his opening to the court were met by Joseph M. Proskauer, attorney for the defendants, with the reply that "there is not a scintilla of evidence to support the charges." Both counsel will complete their openings today at 2 P. M. after which an adjournment will be taken until Monday. It is barely possible that some of the testimony will start today. Principal dispute is the profit sharing contract of 11 Loew employes which goes into effect on Jan. 1. Also at- tacked are contracts going back to 1926 under which Nicholas M. Schenck, Louis B. Mayer, the late Irving Thalberg, J. Robert Rubin and David Bernstein received profit-par- ticipation contracts and stock options. Proskauer stated that the contracts were made to further the interests of the company and pointed to "steadily increasing profits, while its competi- tors were going through bankruptcy." He charged that "this attempt to regu- late the business by court order is an attempt by the stockholders to strike at the heart of the company." Decisions with respect to the business of the company, he declared, are prop- erly within the discretion of the board of directors, and he asked the court not to substitute its judgment for that of the board. To Honor Wall Today London, Nov. 30. — Exhibitors, labor representatives, musicians and all members of the London conciliation board tomorrow will honor A. Wall, recently resigned from the London Trades Council, at a luncheon. Wall was the first labor leader to champion film workers and was largely respon- sible for the London wage-hour agree- ment and conciliation machinery. Loew's, Ltd. Pays $3.50 Toronto, Nov. 30. — Loew's The- atres, Ltd., here has declared a divi- dend of $3.50 per share on the seven per cent preference shares, payable Dec. 15 to holders of record Dec. 3. This makes a total of $10.50 per share for 1938. Now in arrears is the equivalent of $38.50 per share. M-G-M Plans London Roadshow on 'Waltz' London, Nov. 30. — M-G-M has rented his Majesty's Theatre, a legi- timate house in Haymarket, to run a season on "The Great Waltz," opening Dec. 13. The film will run on a two-a-day basis. "The Good Earth" was the last Metro film roadshown in London, over a year ago. Sound City's Year Profit Is $15,650 London, Nov. 30. — Sound City studio reports profit for the year ended May 31, 1938 of $15,650, com- pared to profit for the previous year of $178,645. Directors voted to open a pleasure park and zoological gardens. Newsreel Speed Sydney, Nov. 8. — Fox Movie - tonews here set some kind of a record on the Mel- bourne Cup race. The reel, complete with fashion clips, hit Sydney screens four hours after the race ended 582 miles away. Harry Guin- ness, editor, installed a processing plant in a plane, and when the plane reached Sydney, the reel was ready for release. 5 COPY Alert, InteUigei >aMe to them otion Picture Industry MOTION PICTURE DAILY 44. NO. 108 NEW YORK, FRIDAY, DECEMBER 2, 1938 TEN CENTS Tenn. Halted In Enforcing Of Ascap Law State Agrees, Awaiting High Court Ruling Knoxville, Dec. 1. — Temporary order restraining Tennessee state of- ficers from enforcing an anti-Ascap law enacted in May, 1937, was granted to the music licensing soci- • ety by a three- judge Federal statu- i tory court here today. Louis D. Frohlich and Herman Finkelstein, New York attorneys for Ascap, argued that the statute is dis- criminatory, unconstitutional and in ■ violation of the Federal copyright laws. Edwin F. Hunt, Tennessee As- sistant Attornev General, did not op- pose the society's application, indicat- ing to the court that the state was {Continued on page 5) Loew's Ready for Stockholder Fight Defendants in the minority stock- holders' suit against Loew's, Inc. and its officers and directors asked N. Y. Supreme Court Justice Louis A. Va- lente to dismiss the action at the con- clusion of the trial. Taking of testi- mony starts Monday. In the second day of the trial, Joseph M. Proskauer, attorney for the defendants, finished his opening address to the court. The plaintiffs are expected to ask permis- sion to amend their complaint when hearings are resumed. RKO Hearing May Be Delayed Today Creditors were unusually reticent about the possibility of confirmation of RKO's re- organization plan, today. Comment has been refused, which makes it appear that the hearing may likely be postponed. However, it is felt that the postponement will not be for long and that if it is up to Federal Judge William 0. Bondy, RKO's 77b ringlet will be lifted by the first of the year. There may be certain tech- nical details which compel such a delay. However, what- ever these may be has not been revealed. All Firms But Metro-20th in Texas Benefit By HARRY McCORMICK Dallas, Dec. 1. — All distributors except 20th Century-Fox and M-G-M have consented to donate film for the 137 Interstate Circuit and Texas Con- solidated houses which will give one day's gross receipts to the Joint Dis- tribution Committee for aiding refu- gees of all creeds. Final arrangements for the benefits were completed here today by R. J. O'Donnell and Karl Hoblitzelle. About 30 cities and towns in which the 137 theatres are situated will participate. Elliott Roosevelt, son of the President, and head of a Texas radio network, (Continued on page 5) 49 Completed Pictures in Vaults of Eight Companies Hollywood, Dec. 1.— Until this week, in the vaults of eight companies, there were 49 pictures which although having been completed, still await a scheduled release date. Paramount led with 13; Warner Bros., 11 ; 20th Cen- tury-Fox, 6 ; Columbia, 6 ; RKO, 5 ; Universal, 5. Following is a listing of the films and the date on which shooting was finished: Columbia — "Homicide Bureau," Aug. 19; "North of Texas," Sept. 9; "The Thundering West/'! Oct. 21; "North of Shanghai," Oct. 28; "Wreckage," Sept. 4, and "Frontiers of '49," Sept. 11. GB Pictures - — "Climbing High," Oct. 20. M-G-M — "Stand Up and Fight," Nov. 11 ; "Pygmalion," made in Eng- land. Paramount — "Return of the Fox," June 10 ; "The Sunset Trail," July 22 ; "Paris Honeymoon," July 29; "Zaza," Sept. 9; "Disbarred," Sept. 15; "St. Louis Blues," Sept. 30 ; "Riders of the Range," Oct. 7 ; "King of Chinatown," Oct. 14; "Ambush," Oct. 28; "Arizona (Continued on page 5) NLRB PROPOSES TO OUST BASIC PACTS Trade Reforms On Program to Make History Filmdom's trade practice program, which is soon to be promulgated, will include reforms of a history-making nature in the trade. There will be a system of arbitration established. Also the new trade practice policy outlaws the practice of move-over on a lower scale. It is understood that the distribu- tors' draft on trade practice was com- pleted yesterday, and this may be dis- closed by the weekend. Final ap- proval will come after the M. P. T. O. A. and Allied shall put their stamp upon it. The new program intends to estab- lish reforms such as to alleviate the oppressive zoning and protection situ- ations wherever existing. Other reforms, of course, as is al- ready known, are the cancellation clause and the removal of score charges. One other thing highly im- portant is that there will be no forc- (Continued on page 5) Y. Frank Freeman Sees Films Upturn Hollywood, Dec. 1. — "Month of November was only five per cent be- low the figure for last year, and De- cember gives every indication, in point of quality of product, of topping No- vember's figures," Y. Frank Freeman declared today as he arrived to take up his duties as co-ordinator of Para- mount home office and studio opera- tions. "The taste of film audiences has reached a point bordering on fastidi- ousness," he asserted, "and only by turning out a high grade product has Hollywood been able to stem the tide of box office depression and bring about an upswing. The first nine months of 1938 were extremely bad from a box office standpoint and the condition was due to inferior pictures. Hollywood snapped out of it, and be- gan to improve the quality of its prod- uct and the result was immediately ap- parent." Studios and Unions Are Asked to Agree on New Election Hollywood, Dec. 1. — Proposal that the- 1935 basic agreement be abro- gated with respect to four studio locals of the I.A.T.S.E. was made today by N.L.R.B. Director Towne Nylander, after an informal hearing. Charges of "company unionism" against the I.A.T.S.E. were brought by the M. P. Technicians Committee, a factional minority group within the I.A.T.S.E., and Local 724, Studio Utility Employes. Three additional points were put forth, the entire proposal resulting from private conferences between Nylander, I.A.T.S.E. leaders and others. The three points are : (a) Consent by all parties to a bargaining agency election. (b) Studios to comply with a cease and desist order to enforce the agree- ment. (c) Studios to post a notice setting forth the various points. Such an election would be held to determine whether the basic agree- ment now effective under N.L.R.B. regulations still applies to present membership. The proposal came as a complete surprise to studio attorneys who came to attend the public conferences. They asked and were granted an adjourn- ment until Feb. 14. A.S.C. Files Request Hollywood, Dec. 1. — American So- ciety of Cinematographers, which now holds collective bargaining agreements for cameramen at all major studios, today filed a request with the N.L.R.B. for certification as the sole bargaining agency for cinematographers and their assistants. Warners to Make "Spy Confessions" Even if it may be known generally, it is worth noting again that Warner Bros, ap- parently are ready to proceed with making "Confessions of a Nazi Spy." Warners, it will be recalled had signed Leon G. Tourou, former U. S. Intelligence Officer. It is understood that Milton Krems, writer and other W.B. officials have been watching the local spy trials for facts and color. MOTION PICTURE DAILY Insiders' Outlook 2 i Purely Personal ► ALBERT MARGOLIES, advertis- ing and publicity head of G. B., will leave for the Midwest tomorrow for the opening of "The Lady Van- ishes" at the Little in Milwaukee. He will return in a week. • Si Seadler, M-G-M advertising manager, and William R. Fergusox, exploitation head, leave today for Chicago to attend the company's dis- trict manager meeting, to be held to- morrow and Sunday. • Albekt S. Howsox, director of cen- sorship for Warners, will address the Trades Committee of the Junior Fed- eration of Brooklyn Charities on Dec. 7 at the Jewish Hospital Auditorium. • O. C. Doerixg, Jr., of counsel to the RKO trustee, is back in Xew York after attending to legal work in Chicago in connection with the Gov- ernment contempt action there. • John S. Harringtox, manager of Monogram's film and accessory de- partment, is on a tour of exchanges, and is due back in three weeks. • J. Cheever Cowdix, Universal board chairman, plans to leave for the coast by plane tonight and re- turns to New York early next week. • Arthur Eddy of the Warner Studio publicity staff has been in Xew York this week. With Mrs. Eddy he leaves for the coast Saturday. • Jack Oakie and his wife. Yexita Vardex, sail today on the Queen Mary. Ralph Bexatzky, composer of "White Horse Inn," also sails. • Carlos Morla, Monogram's Latin American head, is back from Mex- ico, Central America, Colombia and Venezuela. • Louis D. Frohlich and Herman Fixkelstein, of counsel for Ascap, return to Xew York today from Knoxville, Tenn. • Martix Schiff of the Warner for- eign department is the father of a boy, Martix, Jr., born at French Hospital. • Howard Stricklixg, M-G-M stu- dio publicity director, is ill at Monte Sano Hospital, Los Angeles. • Jacques Dallix, French composer, has signed with Sam Fox Publishing Co. Abe Cohex, cashier at the Colum- bia Exchange, is mourning the loss of his sister, Lillian. • George W. Weeks, Monogram sales manager, left yesterday for a two- week tour of exchanges. • Marlexe Dietrich is scheduled to leave for Hollywood tonight. • Fraxklyx Warner is expected in New York from the coast by plane today. • Frank C. Walker has gone to Warm Springs, Ga., for a few days. ANEW class film magazine will soon be put on the mar- ket by Conde Nast. This can be taken to indicate the high place Hollywood now holds in the fashion world. Undoubtedly the fashion angle is prominently in the background of Conde Nast's intentions by this new publication. ▼ T In July of this year few people outside of the phonograph record business realized that the excise tax on records had been re- moved. The tax amounted to five per cent, and may have made the difference between profit and loss for some firms. Probably the man principally responsible for this great benefit to the record business is Milton Diamond, in- ternationally known attorney. Diamond fought the matter through in Washington, when others considered the task hope- less. T T "Three Harbours," by F. van Wyck Mason, (J. B. Lippincott Co., publishers) is an adventure novel of the early years of the American Revolutionary War which has the makings of a dis- tinguished motion picture. Its romantic interest is varied and sustained ; its action, of which there is plenty, holds genuine drama. Action centers primarily in Norfolk, Boston and Bermuda. In the sweep and intensity of the story's movement there is a re- semblance to both "Anthony Ad- Fox Transfers Glass Dexver, Dec. 1. — Fred Glass, mana- ger of the southern division of Fox theatres Intermountain division, has been transferred to Salt Lake City as regional supervisor. Robert Garland, booker, succeeds him in the Denver job. Beatification of Mother Cabrini in Rome at which Cardinal Mundelein officiated, and the crash of an airliner in California are important subjects covered in the new issues of the news- reels. Shipping of Christinas trees and skiing season opening are timely items. The reels and their contents follozv : MOVIETONE NEWS, No. 24— Roosevelt confers with Ambassadors. Airliner crashes in California. International live stock show. Christmas trees shipped. Health club selects champions. Japs seek more cities in China. Stalin reviews soldiers. Baseball preview. Lew Lehr. NEWS OF THE DAY, No. 222— President receives foreign envoys. Myron Taylor leaves for London. Mother Cabrini beati- fied. Airplane wreck. Mrs. Roosevelt urges early shopping. Champion health verse" and "Gone with the Wind." It may even be said that "Three Harbours" reduces the Revolutionary War to the same popular terms of individual and family experience which mark the treatment of the Civil War in "Gone with the Wind," and which contribute so much to the success and value of the latter as a film property. "Three Har- bours" would seem to fit nicely into the pattern of a rich and outstanding action-romance. T T Although specifically, the film industry does not figure in the monopoly study by the Federal Trade Commission, none-the-less, industry lawyers will have cer- tain new, prospective legislation to think about when the F.T.C. recommends to the next Congress that the Clayton Act be amended to prevent interstate corporations from acquiring physical proper- ties of competitors. That should hit at theatre combinations and studios. Of course, should some tight- witted law maker attempt to de- fine talent as "physical property," there is no telling what can hap- pen. T ▼ A dinner was held at the Astor Hotel last night in honor of the birthdays of two men, one 38 years old, the other 74. The "youngster" was John Barbi- rolli, conductor of the New York Philharmonic ; the oldster was John Wade, doorman for the past 45 years at Carnegie Hall. Sussman to Buffalo William Sussman, 20th Century-Fox eastern division manager, will attend the testimonial dinner to Sydney Sam- son, Buffalo branch manager, to be given by the Variety Qub there Mon- day night. A number of upstate ex- hibitors will attend. students. Boys Town football team. Ama- teur boxing. PARAMOUNT NEWS, No. 33— Japanese take Hankow. Banquet for poor children. Cardinal Mundelein at beatification. Nazi spys found guilty. Plane crash kills five. Youths parade in Moscow. Sugar and Rose bowl selections. RKO PATHE NEWS. No. 39— Five drown as airliner crashes. Morocco Sultan observes holy day. Myron Taylor off to refugee parley. WPA repairs old toys for needy children. Mother Cabrini beatified. Cattle show in Chicago. Germany fortifies borders. Skiing season opened. UNIVERSAL NEWSREEL, No. 724— Health show in Chicago. Fall of Hankow. California plane crash. Roosevelt confers with Italian and German envoys. Harry Warner receives citation. Beatification of Mother Cabrini. Opening of Santa Claus lane. Gathering of holly in Del. Football games. Bicycle polo in England. Oregon skiing season opens. Friday, December 2, 1938 Censor Resolution To Come Up Before Commons on Dec. 7 Loxdon, Dec. 1. — Resolution declar- ing that the House of Commons at- tachs great importance to the main^t tenance of British democratic trai, A. tions in liberty of expression in prel^P' and public meetings, with particular reference to the screen, will be brought before Commons on Dec. 7. Geof- frey Le M. Mander, M.P., introduced the resolution, which also deplores any Government action tending to set up political censorship or pressure. Mander again challenged Prime Minister Chamberlain today in Com- mons on political censorship, and the latter admitted, as was indicated ear- lier, that the attention of U. S. Am- bassador Joseph P. Kennedy had been drawn to an issue of Paramount Newsreel during the recent crisis. Chamberlain denied, however, that a request was made to Kennedy to have the material removed on political grounds. U.A. Plans Big Ad Drive on Two Films United Artists plans national ma- gazine campaigns on two releases, "Trade Winds" and "Topper Takes a Trip." On the former film, the campaign will include the back cover of the Christmas issue of Look and page ads in Esquire and the New Yorker. On "Topper Takes a Trip," space will be taken in a number of publi- cations, including Good Housekeeping, Saturday Evening Post. Colliers, Time, Look and Life. In addition, both films will have national news- paper campaigns in cooperation with key city theatres, totaling about $60,000. Mrs. Mae Cottrell Dies Hollywood, Dec. 1. — Mrs. Mae Cottrell, wife of Harry G. Cottrell, head of the Paramount still depart- ment, died yesterday of peritonitis fol- lowing a recent operation. Funeral services will be held privately tomor- row in Glendale. MOTION PICTURE DAILY (Registered U. S. Patent Office) MARTIN QUIGLEY, Editor-in-Chief and Publisher; SAM SHAIN, Editor; JAMES A. CRON, Advertising Manager. Published daily except Saturday, Sunday and holidays by Quigley Publishing Com- pany, Inc., Martin Quigley, president; Colvin Brown, vice-president and treasurer. Publication office: 1270 Sixth Avenue at Rockefeller Center, New York. Telephone: Circle 7-3100. Cable addresss: "Quigpubco, New York." All contents copyrighted 1938 by Quigley Publishing Company, Inc. Address all correspondence to the New York office. Other Quigley publications : Morion Picture Herald, Better Theatres, Teatro al Dia, International Motion Picture Almanac and Fame. BUREAUS : — Hollywood : Postal Union Life Building, Vine and Yucca Sts. ; Boone Mancall, manager; William R. Weaver, editor. Chicago: 624 S. Michigan Are., C. B. O'Neill, manager. London: 4 Golden Square, W. 1: cable address, Quigpubco, London; Hope Williams, manager. Entered as second class matter Sept. 23, 1938, at the post office at New York, N. Y., under the act of March 3, 1879. Subscription rates per year $6 in the Americas and $12 foreign. Single copies 10c The Newsreel Parade ***** TURN FLtASE YACANVT WIPE TACT'S of f ttfe am I^OOqOoO PAli-Y NEWSPAPER REAPERS 6 1,500,000 *ap«o Listens 1.0 %l*tU OK?f/AA/ A/N/tsi»E AWN GlLUf IS A A/ATt/RAi fOfl f«E ffOi-l 6f A^ICA!? FAVORITE TTRIP C« ARACtER. K06ERTKENT, JUNE TffAV/5, J.FARREUL MAC OONAi-0 J-EAD A SUCK PNRAM6UN/T CArr CO ME Sit UP/ MOTION PICTURE DAILY Friday, December 2, 1938 49 Films in Vaults Of Eight Companies (.Continued from page 1) Bracelets," Nov. 11; "Two Weeks with Pay," Nov. 28; "Bulldog Drum- mond's Secret Police," Nov. 25 ; "Per- sons in Hiding," Nov. 25. rS*2^0— "Gunga Din," Oct. 21 ; "Pa- £3E Liner," Nov. 18; "White Slave" (tentative), Nov. 18; "Arizona Le- gion," Nov. 25 ; "Beauty for the Ask- ing," Nov. 25. 20th Century-Fox — "The Girl from Brooklyn," Aug. 26 ; "Pardon Our Nerve," Oct. 21 ; "Jesse James," Oct. 28; "The Three Musketeers," Nov. 11; "The Little Princess," Nov. 25; "Tail Spin," Nov. 25. Universal — "Honor of the West," Nov. 4; "The Last Warning," Nov. 4; "Pirates of the Skies," Nov. 11; "Phantom Stage," Nov. 18; "Gam- bling Ship," Nov. 18. Warner-First National — "King of the Underword," June 17 ; "Black- well's Island," Aug. 5; "Torchy in Chinatown," Sept. 2 ; "Wings of the Navy," Sept. 9 ; "Women in the Wind," Sept. 30; "Crime Is a Rack- et," Oct. 14; "Off the Record," Oct. 14; "They Made Me a Criminal," Oct. 14; "Secret Service of the Air," Oct. 21 ; "Adventures of Jane Arden," Nov. 18; "Dark Victory," Nov. 30. Far Reaching Trade Reforms Are Planned (Continued from page 1) ing of shorts of any nature, including newsreels and trailers, or even fea- tures. It is a wide sweep. The industry is coming clean. Move-overs will be permissible only where such move-overs will continue at the same scale of prices as the original run. As already has been frequently indicated, the graded can- cellation on the basis of 10, 15 and 20 per cent of the whole program of any company is going to remove much of the strain of block booking. The companies are going to make every effort, it is understood, to out- law the "permanent" franchise which, with arbitration and the move-over policy, are bound to develop the right to buy, and create a more favorable situation in that respect. However, when the full policy and the exact definition of these tremendous changes which will possibly reconstruct basic policies and operations of the busi- ness will be promulgated is not yet known. Defense Starts in Indianapolis Suit Indianapolis, Dec. 1. — Indianapo- lis Amusement Co., plaintiff in a $226,000 anti-trust suit here against Paramount-Publix, M-G-M, Univer- sal, U. A., Fox, Educational and Vita- graph, concluded their side of the case today. Defendants, who seek to show that the plaintiff's bankruptcy in 1927 was caused by mismanagement and not losses through block-booking, placed three witnesses on the stand. M-G-M Signs Schunzel Hollywood, Dec. 1. — M-G-M has signed Reinhold Schunzel to a long term directing contract. "Landscape" Opening "American Landscape," latest dramatic offering by Elmer Rice, will open tomor- row at the Cort as the third production of the Play- wrights' Co. A Connecticut family decides to sell a fac- tory site for use as a Nazi camp, but the ghosts of former American soldiers rise to prevent the sale. The cast of 22 includes Charles Wal- dron, Rachel Hartzell, Phoebe Foster, Isobel Elsom, Donald Cook and Lillian Foster. Postpone Chicago Hearing One Week Chicago, Dec. 1. — Federal Judge Woodward today postponed until Dec. 8 the hearing on motions for a bill of particulars, extension of answering time, impounding of documents and quashing of subpoenas in the Govern- ment contempt action against Bala- ban & Katz and major companies. He also ruled that Barney Balaban, president of Paramount, and other witnesses will not have to appear at the Dec. 8 hearing. Judge Woodward said today he was not prepared to hear the pleas, and his decision setting back the hearing caught both Government and defense attorneys by surprise. All Except Metro and 20th in Texas Charity (Continued from page 1) will devote his 15-minute talk given each week over the 27 stations of his chain to the fund-raising. At the sug- gestion of public-spirited citizens col- lections will be taken up at each per- formance in every theatre, thus further augmenting the refugee fund which will be realized. Advance ticket sales by civic and luncheon clubs throughout the area be- gan today. Minute-men speakers and newspapers are aiding in bringing pub- lic attention to focus on the benefit shows, which are scheduled for Dec. 7 in all cities in which the circuits are represented with the exception of Fort Worth and Albuquerque. Shows will be held in those cities the following day. Plans for the "Refugee Theatre of the Air" series, recently announced by WHN, have been completed, with the show set to start tonight at 10 P.M. Hendrik Van Loon has been secured as the conductor of the series. The programs will be presented in cooper- ation with the American Committee of German Christian Refugees, the Cath- olic Committee for German Refugees and the National Coordinating Com- mittee for Jews and Christians. The talent for the first program in- cludes a violinist who fled Germany, a tenor from Vienna, and a baritone from Breslau. Appeal "Wreckage" Ban Albany, Dec. 1. — Cinema Service Corp. has appealed to the N. Y. Su- preme Court to obtain a license to show "Human Wreckage," which was refused by the censor board and the Board of Regents. Arguments will be heard by Justice Francis A. Ber- gan on Dec. 9. Mandel to Succeed Dowd in RKO Post Harry Mandel will succeed John Dowd as advertising and publicity manager of RKO Theatres. Mandel has been with the firm several years and has been in charge of advertising and publicity for that division of theatres which is operated by Charles McDon- ald. The appointment was made by John O'Connor, vice-president and general manager of RKO Theatres. It is in line with the present realign- ment of the RKO metropolitan theatre operations. Dowd transfers to the World's Fair. He had been with RKO for quite some years. That a change would be made was no surprise to the trade, since the imminence of the move had become fairly well known around. Tenn.Anti- Ascap Law Halted by State Court (Continued from page 1) willing to forego enforcement of the anti-Ascap measure pending rulings by the U. S. Supreme Court on the constitutionality of similar laws en- acted by Florida and Washington. The rulings are expected from the high court during the week of Dec. 7. If the Supreme Court decisions are unfavorable to Ascap the litigations over the Tennessee statute will be re- opened, Hunt indicated. The restraining order, which per- mits Ascap to resume business in this state after an interruption of about 18 months, was signed by Circuit Judge Xen Hicks and District Judges George Taylor and John Gore. UA Sets Deals with Schine, Hoblitzelle United Artists has closed deals on the 1938-'39 product with the Schine circuit, covering 75 houses in New York, Ohio, Kentucky and Maryland, and with Hoblitzelle & O'Donnell of the Interstate and Consolidated cir- cuits of Texas, involving more than 100 theatres. George Lynch and Meyer and Louis Schine represented that circuit and Charles Stern and Bert Stearn acted for U. A. on one deal, and R. J. O'Donnell acted for the Texas circuit, and Harry L. Gold and Hugh Owen for U. A. on the other. The company also has closed with Balaban & Katz and the Great States circuit, as per custom, involving 75 key city houses in the Chicago ter- ritory. Walter Immerman acted for the circuit and L. J. Schlaifer for U. A. Para, Plans Six for English Production London, Dec. 1. — Six features have been set by Paramount for production here, John W. Hicks, vice-president and foreign head, said today. The first three are "Hatter's Castle," "French Without Tears" and "The Admirable Crichton." Details of the other three, together with decisions on casts and directors will be decided at home of- fice conferences after the arrival of Hicks and David Rose in New York. They sail Saturday on the Norman- die. 5 Stein Heads Col. Distribution in France, Algeria A. Stein has been placed in charge of Columbia's new distributing organ- ization in France and Algeria, which completes the company's worldwide sales setup. Jack Cohn, vice-president of Columbia, revealed this upon ar- rival yesterday from London. An extension for next season of the production contract with the Den- ham studios in London, which is mak- ing Columbia's quota films, will be discussed in New York after Alexan- der Korda arrives here Dec. 8. Cur- rently Denham is making three mul- tiple quota films for Columbia, which Irving Asher is supervising. Columbia has signed for distribution of four French pictures in addition to the seven which have already been acquired for American release, Cohn revealed. Joseph A. McConville, foreign man- ager, and Jack Segal, assistant, are now in Paris setting up the company's exchange system for France and Al- geria. Branches will be opened in Lille, Marseilles, Lyons, Bordeaux and Strasbourg, with the central of- fice in Paris. McConville is expected back be- fore Christmas. Segal will remain longer in Paris to complete the new exchange setup. Skirball, Alperson Off to Studio Today Jack Skirball, Grand National pro- duction head, and Edward Alperson, general sales manager, leave tonight for the coast to speed up production. The company is slightly behind re- lease schedule, although five inde- pendent pictures are now in the cutting room. It is planned to put "My Son" and a western in production in about two weeks. Monopoly Quiz May Not Discuss Films Washington, Dec. 1. — Film matters are not expected to be discussed by the Tempo- rary National Economic Com- mittee for some time, if at all, it was indicated at the opening of hearings today. However, it is possible that Assistant Attorney General Thurman Arnold, due to tes- tify next week, may touch on films to bring out his point that the anti-trust laws should be revised to apply to industries individually rather than generally. Dr. Isador Lubin, Commis- sioner of Labor Statistics, said that if all workers could be given a $2 a day increase in income, the film industry "could look forward to a trip- ling in admissions." Such an increase would mean an increase in film ad- missions of approximately $45,000,000 per year. The $2 daily increase for all wage earners would give $234,000,- 000 to the recreation indus- tries, Lubin said. Three Outstanding NEW FILMS EASTMAN announces three important new negative films for the professional motion pic- ture field. . . . Plus-X : fast, fine-grained. Unsur- passed for general studio work. . . . Super-XX: super-speed, surprisingly small grain. For diffi- cult newsreel shots, or for use wherever ex- posure is a problem. . . . Background-X : ultra- fine grain, ample speed. For backgrounds. Also excellent for all-round exterior work. . . . These films not only make dramatic advances along their particular lines, but offer the high relia- bility and photographic quality typical of Eastman sensitized materials. Eastman Kodak Company, Rochester, N. Y. (J. E. Brulatour, Inc., Distributors, Fort Lee, Chicago, Hollywood.) EASTMAN Plus-X . . . Super-XX ... Mtaekground-X O {SiOT REMOV Alert, Picture Industry MOTION PICTURE DAILY First in and Impartial VC ' A 44. NO. 109 NEW YORK, MONDAY, DECEMBER 5, 1938 TEN CENTS Trade Pact on Way to Capital For Govt. O. O. Completed Draft Sent to FDR, Justice Dept. Divorcement is just about the only problem left untouched in the history making reforms of the industry's new trade practice program which will soon be promulgated after final exhibitor approval shall have been obtained to the finished draft now submitted by the distributors. This draft has been forwarded to Presi- dent Franklin D. Roosevelt and the Department of Justice, for their in- formation. Perhaps after a practical diagnosis of the self-regulation program of the industry, the Department of Justice may drop its cynical attitude about the possibility of a fair deal in the film industry. The Government has been persistent- ly described as inflexible regarding certain industry phases. Block book- ing is one of these. Whether the plan now determined for the business shall bring appease- ment to the Government remains to be seen. The right-to-buy is treated limit- edly and from a practical standpoint. Strain of block booking is eased, score charges are out, forcing of shorts or features is taboo, and that includes newsreels and trailers. Zon- ing and protection is looked after by provisions which tend to discourage {Continued on page 3) Majors Undisturbed By Nazis-Jap Tieup Recently concluded agree- ment which provides, among other things, for production and exchange of propaganda pictures between Germany and Japan, arouses no con- cern whatever among Ameri- can distributors. The all-too- Dbvious reason is that neither nation has ever produced films which attained even a semblance of popularity with the people of the other. There is no reason to sup- pose, distributors say, that the new agreement will alter either the production capabil- ities of the Nazis or the film tastes of the Japanese peo- ple. They foresee no dim- inution of the popularity of Hollywood product with Japan's film patrons. James Roosevelt Assumes Film Post With Goldwyn Sixth Ave. Preens Itself With Dooming of the "L 99 By SAM SHAIN New York City's tired, old "L," the 6th Avenue Line, stopped running at 11 P. M. last night. In three months this five-mile elevated railway which ran parallel to Broadway but only touched the corner of the Main Stem where it traversed overhead on W. 53rd St., will be in the scrap heap. That's by city edict. And 6th Ave. is beginning to primp up. Broadway now has a potential rival. Everybody has believed that it was anticipation of the early demolition of the 6th Avenue "L" which partly prompted the erection of Rockefeller Center, and its Radio City Music Hall, the once contemplated R. C. Opera House and now the Center Theatre. And so it has come to pass, and it (Continued on page 6) Estimate "U" Last Ouarter's Earnings Around $100,000 Wall Street estimates a net profit of around $100,000 for Universale fourth quarter, ended Oct. 31. Period is Universale first in more than eight years to show a profit and comes on the first anniversary of the present management headed by Nate J. Blumberg. Company's operations have been im- proving steadily throughout the year with the result that world gross for the fiscal year ended Nov. 1 is esti- mated at around $20,300,000 or more than $2,000,000 better than the gross operating revenue of $18,150,876 for (Continued on page 3) M-G-M Sells Second Picture to Music Hall Opening of "Dramatic School" at the Music Hall on Thursday will mark the second occasion an M-G-M film has been booked at the house. The first one, "Young Dr. Kildare," opened there on Oct. 27. "Angels With Dirty Faces" led Broadway business last week with a smash $49,- 000 estimated. Ted Lewis and his band were on the stage. "The Cow- boy and the Lady" now in its second (Continued on page 3) Radio — Page 7 Legal Technicalities Cause Adjournment Of RKO's 77b Plan Decision on the RKO plan of re- organization received a temporary set- back on Friday when technical objec- tions to the consents filed by majority stockholders caused an adjournment until Dec. 16. Federal Judge William Bondy granted the postponment re- quest of Hamilton C. Rickaby, at- torney for Atlas Corp., proponents of the plan. Rickaby declared that he could clear up the technicality before the expira- tion of the two weeks, so as not to delay the reorganization further, and that if Judge Bondy approves the plan, RKO would be out of 77b by the first of the year. The objection was one of three points presented by John S. Stover, attorney for Ernest W. Stirn, holder of 1,234 shares of unconverted old RKO Class "A" stock. Stover maintained that he was not attempting to delay the court's decision and (Continued on page 3) Hays Urges Special So. American Films Hollywood, Dec. 4. — Production of films especially suitable to the South American market is reported to have been urged by Will Hays, M. P. P. D. A. president, in his semi-annual report to the Motion Picture Pro- ducers Association prior to leaving for New York by train Friday night. (Continued on page 3) Eldest Son of President Starts Work Today As V. P. Although, recently, Samuel Gold- wyn's Hollywood office had "confi- dentially" indicated that James Roose- velt was not to join that organization, the eldest son of President Franklin D. Roosevelt, and who also had served as FDR's secretary, began work today as vice-president of the Goldwyn organi- zation. Coming on top of the Government's efforts to stimulate trade with the South American nations, and the like- lihood of films playing a tremendous role in this respect, the fact that a member of the President's household and official family has taken up a post in the business, is highly important. The President, himself, is known to be friendly to the film business, and his deep interest in the trade has been shown on various occasions. Perhaps the recent denial by Gold- wyn's Hollywood office was a matter of form, in order not to embarrass the White House, until the matter was properly attented to. Whether or not White House approval was sought prior to the announcement, in Holly- wood, Sunday, isn't known. Will Hays has visited the President on several oc- casions in the past several weeks, but there has been no intimation that the Goldwyn-Roosevelt matter was dis- cussed then. Naturally, both the film business and Washington is agog about it. Poli- ticians and showmen will conjecture about it to read some unknown angle into the matter. But Samuel Goldwyn, curiously enough, was brief and direct (Continued on page 3) Allred Urges Aid For Texas Benefit Austin, Tex., Dec. 4. — Gov. James V. Allred has asked Texans to cooperate with the plan to raise funds for Ger- man refugees by the Inter- state Circuit on Dec. 7. The Governor said, "This is certainly a most worthy cause. The Interstate Circuit raised more money for the Rogers Memorial than in any other state. I feel confident Texans will give their utmost in prayers and money in this humanitarian move." MOTION PICTURE) DAILY 4 Purely Personal ► Insiders' Outlook DAVE PALFREYMAN of the M.P.P.DA. left over the week- end for Charlotte where he will at- tend the North and South Carolina T. O. convention. Ed Kuykendall, M.P.T.OA. president, who is attend- ing the same meeting, will come to New York from there tomorrow. • Mike Dolid, assistant to Norman Moray, Vitaphone sales manager, left yesterday for a week in Indianapolis, Cincinnati, Cleveland and Buffalo. • Pete Rosian, Grand National ex- change manager, left over the week- end on a deal with the Walsh Circuit upstate. • Adolph Zukor and Mrs. Zukor arrive from the coast today and will be here a week or 10 days before sailing for London. • W. A. Scully, Universal general sales manager, left over the weekend to visit the company's southern exchanges. • Perla Greco, Argentine film star, is at the Waldorf-Astoria. She leaves soon for the coast. • Ben Kalmenson, western and southern sales manager for Warners, returns today from a trip to the coast. • William A. Seiter and his wife, the former Marion Nixon, left for the coast over the weekend. • Ernest Emerling of Loew's adver- tising and publicity staff returns to- dav from a midwest tour. • Fred Quimby, in charge of M-G- M's short subjects, arrives today from the coast for home office conferences. • Mrs. Mervyn LeRoy, wife of the M-G-M producer, has arrived in town from the coast. • Tay Garnett, director, arrived in New York from the coast on Satur- day. • Will H. Hays arrives in New York today from Hollywood. Industry Aids Art Fund for Refugees Full cooperation and endorsement from producers, directors and stars of all religious denominations has been assured for the fund raising drive of the M. P. Art Fund for German Refugees, Vincent Trotta, acting chairman, told film art directors, ad- vertising and publicity representatives at a meeting Friday. Emanuel Silverstone, London Films representative, and Dick Murray of Paramount were appointed treasurers for the nationwide drawing for paint- ings. Closing date for the sale of tickets was set for Feb. 1 and the drawing will take place on Lincoln's Birthday. The next meeting will be held Wednesday at the Hotel Pic- cadilly. YEAR ago Gabriel Pascal was broke. He was as good a producer then as he is now, but he was starving. He couldn't obtain a job. To- day, as the producer of George Bernard Shaw's "Pygmalion" he is just about the most sought for producer in the world of films. George Bernard Shaw un- doubtedly could have disposed of the film rights to his play for a round, good sum. It is under- stood that he had some very fancy offers, perhaps even fantastic ones. The Irish bard never had much enthusiasm for those in films. He wouldn't trust his properties to them. And that he did turn it over to a penniless producer, who could not even guarantee him a royalty return, let alone a specific and large pay- ment for the rights to the play, explains something about Shaw. T And so it happened one day Pascal, in desperation, called up- on a literary agent whom he knew in London, persuaded him to make an appointment with Shaw, and told the agent that he wanted to see Shaw in order to obtain "Pygmalion" for film pro- duction. Shaw's agent was a bit nonplussed, to say the least, but he was a friend of Pascal, and Pascal needed assistance. Thus an appointment was arranged but, and here is the interesting angle, Pascal said to the agent: "Before we go, I'd like to have lunch, but I'm broke. Will you lend me a pound note ?" This the agent did. ▼ When they met Shaw at the latter's cottage in the country, Shaw said, "What can I do for you ?" Pas- cal said he'd like to make "Pyg- malion" in pictures. Shaw said: "Oh, you would, would you ! How much money have you got?" Pascal turned his pocket out and took out the change from the pound note and showed it to Shaw, saying: "That's all the money I've got in the world." Shaw said: "The play is yours," and a deal was made without any advance but distinct- ly on a royalty basis. "Pygma- lion" is an English-made picture, and is now being distributed by Metro-Goldwyn-Mayer. ▼ T Those Hollywood reports that the William Morris office was tie- ing in on talent with Paramount and the DuMont Laboratories, on television, must have proved surprisingly interesting to Bill Morris and Abe Lastfogel, who ought to know what their firm is doing on anything. There just didn t happen to be anything to the reports. Of course, the cir- cuitous link to the report may have been welded from the fact that the William Morris office acted as agent in the original Paramount-DuMont transaction whereby Paramount purchased an interest in the television firm. ▼ ▼ An unusual feature of the N. Y. Post, on Friday, was the disclosure of Adolph Hitler's telephone number — Berlin 116191. It was taken from the British Who's Who. The paper gave it top display, using it in a dog-ear box above the masthead on the front page, where it couldn't possibly go unnoticed. Consequently, the New York Telephone Co. did a landoffice transatlantic business. Not only did the Post telephone the moustached German, but several other newspapers took the oppor- tunity of doing so. The overseas operator, how- ever, after a 10-minute pause told the Post reporter: "Herr Hitler refuses to take the call." No doubt, now, the number has been changed. "The phone rate from New York to Berlin is $24 for three minutes," the Post stated. "Pro- fanity is prohibited." T T RCA's networks, the Red and the Blue of NBC, are so set up as to be free from interference from foreign station broadcast- ing, but because of the "unstable" allocations in Cuba and Mexico, these networks experience some difficulty from these countries. Also, transmissions are less satis- factory now than in 1935 because of atmospheric conditions. This is among interesting testi- mony given at a hearing of the monopoly committee of the F.C.C., in Washington, last week, by W. C. Lent, NBC engineer. Lent also testified that to ob- tain single program service in day-primary-areas and to elimi- nate duplication in network pro- grams it would require the aban- donment of 42 of the 154 NBC stations. ▼ T Presumably, were an Ameri- can affiliate of Scophony, Ltd., to be formed, such a unit would enter upon television manufac- turing, and perhaps set up an experimental transmitter some- where in the vicinity of New York, maybe even in the World's Fair, if the financing should ever be raised. Solomon Sagall, head of Scophony, is still here, trying to arrange for the creation of such an American affiliate of his British firm. It may depend upon financing. Monday, December 5, 1938 French Sea Strike Ties Up Normandie Urgent business awaiting several arrivals from abroad may be delayed by the late departure from Le Havre of the Normandie as a result of a strike tieup. The liner was scheduled to sail Saturday morning and to dock here Thursday. The French Line, yesterday, was unable to give information onCi much of a delay would be occasioned. It appeared very uncertain that the1 ship would sail from France since the Government had requisitioned the ves- sel. If held up too long, France faces a loss of prestige which such serious interruption of the ace liner's schedule would entail. Among film people listed to sail on the Normandie are Alexander Korda, head of London Films, and Irving Asher, associate producer at Denham studios ; John W. Hicks, Paramount foreign chief; David Rose, Paramount production head in London ; Max Mil- der, Warner's managing director in the United Kingdom ; Robert Ritchie, a director of M-G-M's studios in Lon- don ; Countess Von Keller, managing director of World Window, Ltd., pro- ducer of shorts for U. A. ; Douglas Fairbanks, Jr. ; Gary and Mrs. Cooper ; George and Mrs. Arliss ; James Whale, returning to direct "The Man in the Iron Mask" for Edward Small ; Gabriel Pascal, British producer, and Carroll R. Levis. Douglas Fairbanks, Jr., cabled U. A. that he had switched to the Cunard Line's Aquitania, which sailed Satur- day from Southampton and is due Friday. Others are believed to have done the same. Mayer's Deposition At Loew Trial Today Testimony of Louis B. Mayer, taken on the coast prior to the opening of trial of the Loew's minority stockhold- ers' suit against the company, its of- ficers and directors, will be read into the record when the trial resumes to- day before Justice Louis A. Valente in N. Y. Supreme Court. Indica- tions are that few, if any, officers of the company will be called as wit- nesses. Most were examined before trial and their testimony may be en- tered in that form without amplifica- tion. MOTION PICTURE DAILY {Registered U. S. Patent Office) MARTIN QUIGLEY, Editor-in-Chief and Publisher; SAM SHAIN, Editor; JAMES A. CRON, Advertising Manager. Published daily except Saturday, Sunday and holidays by Quigley Publishing Com- pany, Inc., Martin Quigley, president; Colvin Brown, vice-president and treasurer. Publication office: 1270 Sixth Avenue at Rockefeller Center, New York. Telephone: Circle 7-3100. Cable addresss: "Quigpubco. New York." All contents copyrighted 1938 by Quigley Publishing Company, Inc. Address all correspondence to the New York office. Other Quigley publications: Motion Picture Herald, Better Theatres, Teatro al Dia, International Motion Picture Almanac and Fame. BUREAUS : — Hollywood: Postal Union Life Building, Vine and Yucca Sts. ; Boone Mancall, manager: William R. Weaver, editor. Chicago: 624 S. Michigan Ave., C. B. O'Neill, manager. London: 4 Golden Square. W. 1: cable address, Quigpubco, London; Hope Williams, manager. Entered as second class matter Sept. 23. 1938, at the post office at New York, N. Y., under the act of March 3, 1879. Subscription rates per year $6 in the Americas and $12 foreign. Single copies JOc. -Monday, December 5, 1938 MOTION PICTURE DAILY Estimate "U" Last Quarter $100,000 (Continued from page 1) the preceding 12 months. Universal's net loss for the fiscal year ended Nov. 1, 1937, was $1,084,999. One month later Blumberg was selected to head the company's new management and tb" Jjbss was trimmed in each succeed- ing-^quarter until, during September, Universal's operations moved into the "black for the first time in years. The company's operating profit for October showed a further increase sufficient to put the final quarter in the black. The improvement noted actually was accomplished during only 10 months of operations under the new management, which took over after Jan. 1 of this year. Universal's working capital and gen- eral financial resources were strength- ened further at the outset of the cur- rent fiscal year by the closing of a $2,500,000 credit with a banking syn- dicate, which was negotiated over an extended period by J. Cheever Cow- din, board chairman, and Blumberg. The latter is one of the youngest chief executives in the trade. It was just one year ago that he accepted the Uni- versal presidency proffered him by Cowdin and his associates. Operating economies in all depart- ments and improved product were among the immediate results achieved by the new management. Tremen- dously improved domestic sales under W. A. Scully contributed vitally to the $2,000,000 increase in gross reve- nue. Foreign sales were also up con- siderably under the direction of Joseph Seidelman. There have been tremen- dous improvements in studio opera- tions under Cliff Work and Matthew 1 Fox, vice presidents. Ascap Activities Are Resumed in 3 States Ascap has resumed music tax col- lections in three of the five states in which legislation to bar the society from operations was enacted during the past two years. States are Ten nessee, Florida and Nebraska, in each of which Federal statutory courts have issued injunctions restraining state of ficials from enforcing the anti-Ascap laws. Music society is still prevented from doing business in Washington and Montana, the other two states which have enacted anti-Ascap measures. U. S. Supreme Court may rule this week or next on Ascap's appeal in the Washington case. Decision may de termine the legality of all five anti- Ascap laws. Action on the Montana law is suspended until the Federal statutory court which heard Ascap's attack on the constitutionality of the measure nearly 18 months ago hands down its decision. The five state laws which have been enacted are credited by Ascap to radio broadcasters' efforts. Similar meas- ures have been drafted for introduc- tion in Iowa and Colorado next month which, for the first time, are admitted by Ascap to have originated with exhibitors. Pictures, Too Hamilton, O., Dec. 4. — At- tractions for a week at the Paramount, Southio unit, in- clude a stage show on Sun- day, giving of an auto- mobile Monday, Sweepstakes Wednesday, Barn Dance Thursday and Encore Night Friday. The house is show- ing pictures, too, making five changes during the week. Legal Technicalities Cause Adjournment Of RKO's 77b Plan James Roosevelt Is A V. P. for Gold wyn (Continued from page 1) agreed to go before the court as soon as motion papers were prepared by Rickaby. Stover contended that consents filed by majority stockholders are not proper because they failed to present the actual stock certificates to the court. He pointed to an order made in 1932 by Federal Judge Alfred C. Coxe which required stockholders to present such certificates before they could "participate" in the suit. Judge Bondy upheld the contention, but in- dicated that the word "participation" should have referred only to participa- tion in the proceeds after confirma- tion. However, to avoid later com- plications, it was agreed to have the order of Judge Coxe amended to per- mit consents to be filed without the physical presentation of the certificates. Upon Stover's insistence that the motion be made in writing rather than orally, it was also agreed that some- time before the next hearing the mo- tion would be heard by Judge Bondy in his chambers. In addition, Judge Bondy is awaiting an affidavit from Stover in which all alleged irregulari- ties on proxies used in the 1931 reor- ganization are set forth. Stover stated that he was unable to present these to the court on Friday as promised, but that they would be filed today. Judge Bondy said he has been read- ing briefs for two solid weeks and that the last one came in as late as Thursday. (Continued from page 1) in his announcement, giving no clue as to what, if anything was behind the move, other than a pure business ar- rangement : "It is with pleasure I announce," states Goldwyn, "that Mr. James Roosevelt has joined my organization as vice-president." The younger Roosevelt had this to say : "I am very happy to be associated with Mr. Goldwyn. For a considera- ble time I have contemplated being identified with an industry in which service to the general public is an outstanding feature. "I consider myself fortunate now to have the opportunity to join the motion picture industry and to work with Mr. Goldwyn in continuing the record of service which this industry has so long maintained." Whether the younger Roosevelt signed a contract in connection with the post isn't detailed. The nature of his future duties has not been divulged. It is considered hardly likely that he will serve on the creative or picture making end. Rather, his service are more likely to be devoted to the busi- ness end. Apparently he is filling the post made vacant by the departure of David Rose, now with Paramount. Only other v. p. in the Goldwyn or- ganization is James Mulvey, eastern representative, who is expected to re- turn from the Coast, soon. Trade Program Is Sent to Washington For FDR Perusal Cassidy Is General P.A. Under Mandel Fadiman Takes "Mioche" Edwin Fadiman's National Pictures has acquired "Le Mioche," French film, starring Madeleine Robinson. Under the direction of Harry Man- del, who will succeed John Dowd as director of advertising, publicity and exploitation for RKO Theatres, John A. Cassidy will serve as general press representative for Greater New York ; Fred Herkowitz continues with Divi- sion Manager Louis Goldberg, and Edward Sniderman with R. H. Emde. Maurice Harris joins Sol Schwartz in the newly created division, and Patrick Grosso has been assigned to C. B. McDonald's houses. Blanche Livingston remains in charge of trail- ers and newsettes. Newsreel Theatre Is Open in AP Building Fourth unit in the Newsreel The- atres, Inc., circuit opened Friday to fairly steady business. The latest house, located in the Associated Press Building of Rockefeller Center, just east of the Music Hall, has 450 seats and is furnished and decorated in the modern style. . Subdued lighting is employed inside during the screening to prevent eye- strain in the one-hour show of news- reels and selected shorts. The seats are set sufficiently far apart to permit comfortable access. The lounge is spacious and furnished with light mod- ern armchairs. More than 700 guests attended the invitation preview on Thursday. Jim Brightwell, who formerly managed the Embassy and other Newsreel units, is in charge. The house is now in- cluded as one of the sightseeing stops in the tour of Radio City. (Continued from page 1) "aggressive" action by circuits and the outlawing of "permanent" fran- chises. "Move-overs" at reduced scales are prohibited. Exhibitors are accorded an unre- stricted graded cancellation privilege of 20-15-10 per cent. This will bene- fit the small exhibitor mostly. An arbitration system assuring fulfillment of the aims in the new trade practice policy is to be estab- lished. Such a system will serve as a curb on all "aggressive" action by any faction or group. On Friday, the distributors' com- mittee issued the following statement by W. F. Rodgers, general sales manager of Metro and chairman of the distributors' committee : "The Distributors' Committee on trade practices has today forwarded to the interested exhibitor bodies a memorandum of the understandings reached in principle at conferences conducted by their respective com- mittees. "To cover all subjects considered as national in their scope, it has been necessary to synchronize the thoughts expressed by the different theatre groups and the draft form of memorandum represents only such subjects, it being the belief that an- other and subsequent method will apply to those topics that are purely local in their application. "Every subject of general impor- tance involving trade practices has been discussed fully, and we belieye the suggested means of solution will create a better understanding between all branches of our industry." New Mono. Chicago Office Chicago, Dec. 4— Monogram plans to build a new exchange here adjacent to the new 20th Century-Fox branch on Wabash Ave. Work will start in January, with the building to be ready in August. Hays Urges Special So. American Films (Continued from page 1) Addressing the closed session of the full membership, Hays is understood to have discussed the status and trend of the European and South American markets. It is believed also that the distributor trade practice agreement and the production of an industry film for the New York and San Fran- cisco's World's Fairs were discussed. Cliff Work of Universal and J. R. McDonough of RKO were elected to the board of directors. Smith to Century Or Florida Group There seem to be two possibilities for Andrew W. Smith, Jr., former general sales manager at United Art- ists during George Schaefer's admin- istration, both of which have to do with the theatre end of the business. In one connection there is some talk of his possibly acquiring an interest in the Isle Theatre Corp. (Shiff- man). Another would link him to the Century Circuit (Schwartz) which operates mainly on Long Island. M-G-M Sells Second Picture to Music Hall (Continued from page 1) week at the Music Hall, drew an es- timated $95,000 for the first week. "The Great Waltz" attracted an es- timated $36,000 at the Capitol and is another holdover. "Arkansas Traveler" finished its second week with an estimated $31,600 at the Paramount, and the second week of "Submarine Patrol" at the Roxy was good for about $26,000. Faith Plans 2 in Conn. Unionville, Conn., Dec. 4. — Joseph Faith of the Mayfair, Terryville, plans a 600-seat house here and another in Collinsville. "ANGELS WITH DIRTY FACES" Starring JAMES CAGNEY PAT O'BRIEN THE "DEAD END" KIDS HUMPHREY BOGART • Ann Sheridan George Bancroft -Directed by MICHAEL CURTIZ Screen Play by John Wexley and Warren Duff • From a Story by Rowland Brown • Music by Max Steiner • A First National Picture **h *»* fast ;s c k:d S° rflers 4 MOTION PICTURE DAILY Monday, December 5, 1938 32 Mexican Films Produced in Year Mexico City, Dec. 4. — Thirty-two features were pro- duced this year up to Nov. 15 by Mexican companies. It is significant that the theme of 18 of these pictures was "charros and chinas" (Mexican cowboys and cow- girls) and featured folk danc- ing and ranch music. Four Foreign Heads Of 20th-Fox Are Due Four 20th Century-Fox overseas executives are due here this month to attend year-end conferences with Walter J. Hutchinson, foreign chief, and others at the home office. Their arrival will coincide approxi- mately with that of Hutchinson, who is scheduled to arrive Dec. 22 after a four-month trip abroad. The con- tingent will include F. L. Harley, British managing director ; Ben Mig- gins, Continental manager; J. C. Bavetta, managing director in Brazil, and A. G. Doyle, Japan manager. Hutchinson is now en route to France by air after a survey in South Africa. He went to South Africa from South America where he made an inspection tour. Grade Fields Next Set Hollywood, Dec. 4. — Gracie Fields has been assigned by 20th Century- Fox to star in "Sally of the Ship- yards," to be produced in London with Monty Banks directing. New York Preview "Just Around the Corner" {20th Century-Fox) Here is the gay, dramatically light material which audiences through- out the world have come to expect of a picture in which the inimitable Shirley Temple appears. A little song, a little dance, a good deal of com- edy and a serious note of drama which involves a pep talk for the nation in its business slump, all add up to excellent entertainment. Shirley is supported by Charles Farrell, as her architect father made poor by depression ; Joan Davis and Bert Lahr, as servants who provide many laughs ; Bill Robinson, for a tap routine with Shirley ; Franklin Pangborn, Amanda Duff, in love with Farrell, and Claude Gillingwater, business tycoon, whose name, "Uncle Sam," causes the child to confuse him with the mythical American symbol her father has told her about. It is Gillingwater who has refused to back Farrell's ambitious building plan, despite the efforts of Miss Duff, his niece, until Shirley goes to work on him. The highlight of the film is the party among the slum children organized by Shirley to "help" poor Uncle Sam, whom she be- lieves is in a bad way, and which causes a newspaper sensation. There is also much that is amusing in Shirley's successful efforts to make a man of young Bennie Bartlett, grandson of Gillingwater, as she shears his curls, succeeds in getting him a black eye and old clothes, which delights the grandfather and causes his mother to faint. Irving Cummings directed from a screenplay by Ethel Hill, J. P. McEvoy and Darrell Ware and original story by Paul Gerard Smith. Running time, 71 minutes. "G."* Charles S. Aaronson *"G" denotes general classification. Finish Cutting "Nation" Cutting on the Triple A produc- tion, "One-Third Of a Nation," has been completed under the supervision of Director Dudley Murphy and Har- old- Orlob, the producer. O. 50GLOW ARTHUR "BUGS" BAER, of King Features, sums him up this way: The freshest comedy idea 20th Century-Fox ever grabbed out of its entertainment surprise bag! THANKS FOR EVERYTHING (Released December 23rd) Just what you want for Christmas! Kirsch Is Honored At Chicago Dinner Chicago, Dec. 4.^More than 450 film men from this city and around the country filled the Casino at the Congress Hotel to capacity here Fri- day night at the testimonial dinner to Jack Kirsch, president of Allied The- atre Owners of Chicago. It was the largest and most enthu- siastic gathering of its kind held here irt yearst with a number of film and civic leaders among the speakers. Heading the list of speakers was. Mayor Edward J. Kelly • of- Chicago. Others were :- Alderman Jacob M. Arvey, Charles C. Pettijohn, general counsel of the M.P.P.D.A. ; William F. Rodgers, general sales manager of M-G-M; Al Steffes, national Allied leader ; Edward Golden, sales chief of Monogram ; Judge Michael Igoe, Jack Schlaifer, United Artists- sales execu- tive; H. M. Richey and Jack Miller. An excellent bill of entertainment supplemented the speeches, which uni- formly paid tribute to the record of Kirsch as an exhibitor leader in the few months he has occupied his post. Proceeds of the evening's affair were given to charity. 'U Doom Preens 6th Ave. as New Show- Shop Lane Final Regional of Columbia in Frisco Columbia's third and final divisonal sales meeting will be held next Sat- urday and Sunday at the St. Francis Hotel, San Francisco. Abe Mon- tague, general sales manager, left New York over the weekend to at- tend the meeting and Rube Jackter, assistant sales manager, leaves today. Jerome Safron, western division manager, and managers and" salesmen from, the Denver, Salt Lake City, Se- attle, Portland, Los Angeles and San Francisco branches will attend. (Continued from page 1) is going to be strange to the custom- ary travelers of 6th Avenue, soon, ta find themselves able to peer at t|f.i sky, with no trestle to block the view,*' and in stormy weather, no longer to be able to get that little shelter which some sought under the railroad bridge. They will be able to look at the full facade of Radio City and the Music Hall, unobstructed. Sixth Avenue is an old street, and the "L" was old, but not quite as old as the street. It is a street typical of New York, where the ramshackle mixed with the swank, the small shop and foreign newspapers stand with Big Business. The "L" began with a flourish of smoke and steam, in 1878, 60 years ago. But New York has outgrown the shabby overhead rail- way. The modern subway and express highways have forced it down. Street of Contrasts Soon 6th Avenue will have its own subway. It has been under construc- tion, now, several years. Like so many New York thorough- fares, 6th Avenue is a street of amaz- ing contrasts. At the uppermost end, there are fine apartment buildings and hotels, and fine shops. A class neigh- borhood which entwines with the Cen- tral Park south front, and borders on the city's big cafe belt, and night-time rendezvous. Just a few blocks above, beginning where the Music Hall stands, at W. 50th St., much improved though it is since Radio City was constructed, 6th Avenue houses the employment agen- cies in old fashioned low dwellings which have for so many- years attract- ed a motley array of men and women job hunters, from camp cooks and lumberjacks to building sweepers. Here they assemble and congregate before the bulletin boards posed on the build- ings housing the agencies for jobs, hear and distant. Eating Places Galore Sixth Avenue has its restaurants, from the lowly counter tile coffee shop to the nobby spot. When it crosses Forty-second Street, the big store area begins, department stores and furniture shops, until into Greenwich Village, after passing Bryant Park back of the Public Library, and the foreign eating places, French, Greek and Italian restaurants, are encoun- tered, additional to the quaint arty and literati neighborhoods. Above this, in the middle twenties, is the wholesale florist district, where show business buys its flowers. Then the Battery and surrounding neighborhood where the East River and the Hudson unite. Florenz Ziegfeld saw the future of 6th Avenue before the Rockefellers and he built the Ziegfeld at W. 54th Street, a block above where the "L" cuts off. Loew owns that spot-now; operat- ing it as a class grind. Across the street is the swank Warwick Hotel, which was once a Hearst property. And with the "L" razing, New York and the show world wonders. Will Broadway move over? Monday, December 5, 1938 MOTION PICTURE DAILY RADIO 18 Plays on B'way Four closings on Saturday brought Broadway legitimate stage productions down to 18. "You Can't Take It with You" closed after a 103-week run; "The Fabulous Invalid" after eight weeks; "Glorious Morn- ing" after one week, and "Lorelei" after seven per- formances. Only two are set to open for this week. Tomorrow, "Here Comes the Clowns" starts at the Booth, and on Thursday, "Spring Meeting" comes to the Morosco. Foreign Plays in Stock David Wolper, theatrical attorney, is involved in a deal which will bring sto<~k company presentation of foreign hit shows to Broadway. Present pro- gram is to buy a series of European plays for four-week presentations. Finals of "Waltz" Contest on Dec, 12 Metro's "Great Waltz" festival, a nationwide contest, will have its na- tional finals on Dec. 12, at the Wal- dorf, for the benefit of the American Red Cross, which will get the entire proceeds. This campaign, under William Ferguson, Metro's exploita- tion manager, has attracted national attention. Luise Rainer will lead the grand march at the finals. McBride's is handling ticket sales gratis and boxes are scaled from $50 to $200. General admission tickets are scaled at $3 to $9. N. Y. Allied Holding Buffalo Meet Today Max Cohen, president, and Harry G. Kosch, counsel, of Allied Theatre Owners of New York, will be prin cipal speakers at a meeting of the or ganization at the Statler Hotel, Buf- falo, today. A discussion of the pro posed industry trade practice program will highlight the session, which will last all day. Regular broadcasts from the World's Fair are to begin New Year's Day, with 17 nations lined up to participate in the series to be known as "Salute of Nations." The three coast-to-coast networks, CBS, NBC and Mutual will broadcast the programs jointly. The programs will be presented from 1 :30 to 2 P. M. each Sunday from Jan. 1 to April 23, inclusive. President Albert Lebrun of France will be the first speaker in the series. In all, 14 European nations, in addi- tion to Canada, Brazil and Japan, will take part in the series. The European nations which will participate are France, Ireland, Den- mark, the Netherlands, Russia, Rou- mania, Norway, Belgium, Yugoslavia, Italy, Hungary, Poland, Sweden and Great Britain. The list of speakers to be heard during the series repre- sents the greatest array of rulers of nations ever assembled in radio. _ The list includes, among others, President Lebrun of France, President Hyde of Eire, King Christian of Denmark, Queen Wilhelmina of the Netherlands, Lord Tweedsmuir of Canada, King Carol of Roumania, King Haakon of Norway, King Leopold of Belgium and Prince Paul, Regent of Yugo- slavia. Moss Will Address Exhibitors Thursday License Commissioner Paul Moss will address a meeting of exhibitors sponsored by the I.T.O.A. on Thurs day at 1 P. M. at the Astor. The commissioner's office has been active recently in checking up on the enforcement of regulations governing juvenile attendance in theatres. Form Iowa Theatre Firm Des Moines, Dec. 4. — Frank D. Rubel, manager of the local office of the Pioneer Theatre Corp., and Her- man Field of Clarinda, la., have formed American Theatre Co., here. Rubel is president and secretary and Field, vice-president and treasurer. Adds 100,000 Seats London, Dec. 4. — More than 100, 000 seats have been added to the total in Middlesex theatres in the past 12 years. The aggregate in 1926 was 72,000, today it is 180,000. A total of 136 theatres have been opened in the county in the same period. Fair Broadcasts To Start Jan. 1 2 Heatter Programs Renewed on Mutual Gabriel Heatter's contracts for his two Mutual network shows sponsored by Barbasol and Kreml have been ex- tended for 13 weeks each. Erwin, Wasey & Co. handled the placements. The Barbasol program is presented Mondays and Thursdays from 9 to 9:15 P.M.; and Kreml, Wednesdays and Fridays, also from 9 to 9:15 P.M. Another contract placed at Mutual is for participation by a new client in the Uncle Don series. It is by the International Vitamin Corp., and is for 13 weeks. Bisberne Advertising Co. handled the contract. Lohr Will Address Council of Churches Lenox R. Lohr, president of NBC, will speak at meeting of the Federal Council of Churches in America Wednesday at the Hotel Statler in Buffalo. Lohr will speak on "Radio and Religion." He will be the sec ond lay person ever to have addressed the conference, the other having been President Roosevelt. McNinch on Intolerance Chairman Frank N. McNinch of the Federal Communications Commission will protest attacks on the Protestant, Catholic and Jewish faiths in a special broadcast Dec. 11 from 3 to 3:30 P. M. on the NBC-Red in an address titled "The Organized Attack on Re ligion." The talk will be before the American Bible Society. Hold Rites for Peters Funeral services were held Fri- day at Campbell's Funeral Church for William Frederick Peters, 67, who died at his home in Englewood, on Thursday. Violinist and composer, he wrote the first original scores for films, including "Way Down East," "Orphans of the Storm," "Under the Red Robe" and others. Honor Fletcher Tex Fletcher, Mutual's sing- ing cowboy, who left his program on Saturday to go to Hollywood to make a series of western pictures for Grand National, was tendered a fare- well party on the air by his sponsors. Bell-Ans purchased an extra 15-minute period Saturday, from 12:45 to 1 P. M. to felicitate Fletcher, who has been broadcasting for them for several years. Two Networks Tally Record Nov. Grosses NBC New Rate Card Has Little Change NBC's new rate card h out and gives the rearrangement of some groups and the addition of 15 new affiliated stations. There is no change in the basic rate structure except that the new Blue network discounts an- nounced the past October are now in- corporated in the new card. The North Central group, consist- ing of WTMJ, Milwaukee, and WIBA, Madison, has been eliminated. WTMJ is now a basic Red station, while WIBA is listed as a basic sup- plementary station available with either the basic Red or basic Blue. KTMS, Santa Barbara and KFSD, San Diego, are now listed among the Pacific Blue, while WTAR, Nor- folk, is now a basic supplementary station available to Red or Blue. Caiman Is Appointed As Manager of WiNS Carl Caiman has been appointed' manager of WINS by E. M. Stoer, comptroller of Hearst Radio. Cai- man succeeds Al Cormier, who re- cently resigned. WINS is now in process of sale to Milton Biow. Under Caiman the station will continue the same gen eral policies as heretofore, until the sale is consummated. Melville on WABC Melville Shoe Co. has signed a year's contract for a six times weekly early morning strip on WABC. The program starts next Monday and will be heard Mondays through Saturdays thereafter from 7 :45 to 8 A. M. Show is to be a _ news program, with copy provided by U. P. Neff-Rogow placed the contract. Royal Leaves for Peru John Royal, NBC vice-president, left Saturday by plane for Peru to attend the eighth annual conference of American States at Lima as an un official observer. The network's in- terest in the conference relates to in- ternational broadcasting. Tronolone's Mother Dies Mrs. Elizabeth Tronolone, 72 mother of Nick and Charles Trono- lone of Pathe and Movietone, respec- tively, died at her home in Hobo- ken Friday. Burial will be at the Cemetery of the Holy Name, Jersey City, today. NBC Total $3,899,915, Mutual $360,929 Network billings continue to climb for the year, with NBC and Mutual reporting record time sale revenues for the November. CBS billings, de- spite a decline, show signs of return- ing shortly to the plus side. November, 1938, proved to be the biggest business month in Mutual's history, with the total showing an in- crease of 39.7 per cent over the corre- sponding month the preceding year. The November, 1938, billings are $360,929, which compares to last No- vember's total of $258,357. Mutual's cumulative total this year is up 29.6 per cent over the 1937 11- month total, the grosses being $2,582,- 955 for 1938, $1,993,612 for 1937. _ NBC's gross hit another all-time high in November, 1938, with a total of $3,899,915. The 11-month cumula- tive total for NBC was $37,576,603, a rise over the same period last year of 7.3 per cent. The per cent of gain from October, 1938, was 3.3 per cent. As was announced last week, NBC is releasing separate totals for the Red and Blue networks. The individ- ual breakdowns are as follow : Novem- ber, 1938, on the Red, $2,949,850; November, 1938, on the Blue, $950,065. Billings for this November on CBS totaled $2,453,410, a decline of 7.5 per cent compared to the billings for the same month last year, which amounted 4)412,654,473. However, Columbia's No've^biM- billings were better by 2.8 -|§|| ^cenrt^a^ j;he total accounted for during October. '_ The cumulative total for CBS for the 11 months of 1938 amounts to $24,816,337, compared to the total for the same period last year, $25,935,500, a decline of 4.3 per cent. Fidelio in WHN Deal Fidelio Brewery has entered into a contract for an announcement cam- paign on WHN, for an indefinite period. FILM BUILDING Ninth Ave., 44th -45th Sts. A**** Building For the Motion Picture Industry + Lowest insurance rate*. * Projection and inspection rooms. * Vaults. * Interior shipping platform. Some buildings have some stars — this building has all stars. For space apply s-» The excellence of Du Pont Superior Pan springs not from a single quality. Rather it arises from the careful combination of a great many properties, proven to be practical by six years of widely diversified use. ^ For superb photography in your next production, rely on Du Pont Superior Pan. Du Pont Film Manufacturing Corporation INCORPORATED 9 Rockefeller Plaza New York N.Y. Plant . . Parlin, N. J. SMITH &. ALLER, LTD. 6656 Santa Monica Blvd. Hollywood ... California BETTER THINQS for BETTER LIVINQ through CHEMISTRY Alert, otion Picture Industry MOTION PICTURE DAILY First in V^44. NO. 110 NEW YORK, TUESDAY, DECEMBER 6, 1938 TEN CENTS Jim Roosevelt Gets 5 -Year Goldwyn Pact ^resident's Son to Put In 2 Months Here ■ By ROSCOE WILLIAMS Hollywood, Dec. 5. — James Roose- velt's contract with Samuel Goldwyn is for five years and the President's son will spend the first two months of the period in New York "learning that end of the business." After that he will return to Holly- wood where he will establish perma- nent residence and do "whatever Mr. Goldwyn tells me to do." The pro- ducer isn't sure yet what that will be but he has ideas — "I always have ideas," he said today. Asked whether he felt his relation- ship to the Chief Executive of the nation and his experience as White (Continued on page 5) Marquee Hearing Set for Tomorrow Public hearing on a local law to permit 9-foot marquees on theatres will be held by Mayor Fiorello H. LaGuardia at City Hall tomorrow at 9 :30 A. M. The bill was conceived and introduced by Charles E. Keegan, Bronx councilman. Keegan was for- merly secretary to Mayor James V. McKee and once a member of the staff of the old World. The bill has already received the approval of the city council and now goes to the Mayor for signature. It was vetoed several months ago because it was not (Continued on page 5) Wage Law Effect on Producing Discussed Hollywood, Dec. 5.— Meeting of at- torneys for major producers was held here today for a discussion of the ap- plication of the Wages and Hours Act to the production end of the film in- dustry. At the end of the session, a program was drawn up for another meeting tomorrow at which studio man- agers and Pat Casey, labor contact man for major companies will be pres- ent. Attorneys present at the meeting re- fused to divulge the nature of the dis- cussions. It was learned, however, that considerable confusion exists as to the interpretation of the law. Radio — Page 8 Brandt, Weisman to Confer with Arnold Harry Brandt, president of the I.T.O.A., and Milton C. Weisman, counsel for the or- ganization, leave for Wash- ington this morning for a scheduled conference with Thurman Arnold, assistant U. S. Attorney General, this afternoon. The conference pertains to the legality of theatre acqui- sitions by independents as well as affiliated circuits in view of the pending Govern- ment anti-trust suit. Majors Win Trust Suit Jury Verdict In Indianapolis Indianapolis, Dec. 5. — A Federal jury in U. S. District court here to- day returned a verdict in favor of the seven film company defendants in the Indianapolis Amusement Co. $266,000 damage suit after deliberating less than an hour. Defendants in the action were M-G-M, Universal, United Artists, 20th Century-Fox, Paramount, Vita- graph (Warners) and Educational. Indianapolis Amusement, which for- merly operated the Colonial and Re- gent here, went into bankruptcy in 1927. Its action claimed that through block booking it was obliged to play product of inferior box-office value which injured its business. PACT DRAFT NOT U.S. SUIT ANSWER Italy Delays Films Decree For 6 Months Rome, Dec. 5. — American distribu- tion representatives here have been ad- vised by Government officials that Italy will postpone the effective date of the film distributing monopoly de- cree for six months from Dec. 31. Terms of the postponement have not been made known, so it is uncer- tain now whether all distribution com- panies or only certain ones are to be included in the enforcement suspen- sion. Likewise, it is not known whether limitations will be placed on the amount of product which may be brought in during the period of grace or whether more drastic finan- cial restrictions than those now in force will be invoked after Jan. 1. Home office foreign departments said no official notification had been received from Rome as yet that Italy would defer enforcement of its film monopoly decree for six months. The inclination of most foreign depart- ments was to withhold comment until (Continued on page 5) Justice Department and Majors! To Explain Theatre Compromise In the Motion Picture Daily on Monday, Nov. 12, there was printed the fact that the film companies have agreed not to acquire or sell theatres without the knowledge of the Government. The companies agreed to submit day-to-day reports on theatre deals to the Department of Justice. This was the compromise reached between the defendants in the Government's pending anti-trust suit, in New York, in lieu of a standstill agreement as was previously sought by the Government. Now, both the Department of Justice and the defendants are about to issue explanations for this compromise. When this shall be done has not been indicated. The defendants have hired Steve Hanagan to present their side, and he has pre- pared a statement for the companies, which it is presumed will soon be issued to the press. It is understood that the D. of J., under the compromise, has the right to enjoin any deal which may be undertaken by the defendants if the Government deems so to do. Also, the statements which will be issued very likely will be identical in subject matter but of course each will treat the subject from the respective views. Justice Dept. Apparently Not Concerned Over Trade Program Washington, Dec. S. — Officials of the Department of Justice will read the trade practice draft with interest when it is received. They do not be- lieve, however, that it is the answer to the problems raised by the pending anti-trust suit in New York. Apparently the department has not yet received the industry's reform pro- gram, and does not seem to be par- ticularly interested in the matter, hav- ing refrained from sending any repre- sentatives to conferences at which it was discussed. Officials do not believe that the trade practice program can cover the whole gamut of practices and conditions cited in the New York suit. It is the intention of the industry, once the exhibitor organizations and participating bodies approve, to ar- range a meeting with Thurman Ar- nold, assistant U. S. Attorney General, in Washington, and to discuss with him and other Department of Justice officials the new trade practice re- forms. By the middle of this week, such bodies or their representatives shall have completed their study of the draft of the new trade code, preparatory to further conferences with the distribu- tors' group on the matter. On Thursday, the distributors meet with the M. P. T. O. A. representa- tives for a final discussion of the trade code merits. Casa Manana Will Become Vaude Spot Despite a gross of $30,000 to $40,- 000 weekly at the Casa Manana, Billy Rose will close the theatre restaurant Dec. 17, reopening New Year's Eve with two-a-day vaudeville. Rose said that the closing and change of policy is due to the demand of the waiters' union for a 33 per cent increase in wages. The union, Local 16, told Rose that the waiters would walk out if the demand was not met. Operation of the Casa Manana has brought Rose added prestige as a showman. He will close the club in the midst of a successful season, with a box-office which proved to Rose that the public wants the vaude- ville type of entertainment again. He will remodel the club. MOTION PICTURE DAILY Insiders9 Outlook 2 i Purely Personal ► JOSEPH R. VOGEL, Loew circuit executive, and Oscar A. Doob, ad- vertising and publicity head, leave Thursday for visits to theatres in Washington, Baltimore, Reading, Harrisburg, Norfolk and Richmond. They will return Monday. Ernest Emerling, assistant to Doob, returns tomorrow from a swing around mid- west theatres. E. V. Richards of Saenger Circuit is in New York from New Orleans for conferences with Barney Bala- ban and may remain through tomor- row to attend a Paramount board meeting. • Moishe Oysher, star of the All- Yiddish musical, "The Singing Black- smith," will make a personal appear- ance at the Hollywood, Montreal, where his picture is playing. • Lynn Farnol, United Artists ad- vertising and publicity director, ar- rives in New York today after being grounded in Pittsburgh yesterday while en route here from the coast by plane. • M. J. Farrell, co-author of the play, "Spring Madness," which opens on Broadway shortly, arrived on the President Roosevelt yesterday, accom- panied by her husband, R. L. Keane. • William F. Rodgers and Tom Con- nors of M-G-M may arrive today from Buffalo, where they went fol- lowing a district managers' meeting in Chicago over the weekend. • Chester Morris, together with his wife, is stopping at the Waldorf for a two-week vacation here. They re- turn to the coast for the holidays. • Dr. E. E. Jelley, of the Kodak re- search department, came in on the President Roosevelt yesterday to take up duties in the New York office. • Arthur M. Loew, vice-president of Loew's, and his brother, David L., and their wives, are due Dec. 28 from a South American trip. • L. W. Conrow, president of Altec Service Corp., is spending several days in Washington on business. • Ward Morehouse, N. Y. Sun dra- matic critic, returned from a 16-day southern cruise yesterday. • Paul Whiteman will headline the show at Loew's State the week of Dec. 29. • Judge I. Frey of Loew's legal staff is back from Florida. Chadwick to Handle Tri-National in West John E. Otterson, president of Tri- National, has closed with I. E. Chad- wick to distribute Tri-National im- portations in the west. With head- quarters in Los Angeles, Chadwick will distribute in California, Hawaiian S,?S iurugon' Washington, Nevada, Idaho, Utah and Colorado NOW that Russell Birdwell suggests licensing of press agents, maybe the news- papers should counter with a sug- gestion that they be finger- printed. ▼ T In a letter to the Worcester Telegram, Kenneth Clark of the Hays office, points out that out of 17,500 theatres in the country, 15,200 are entirely independent of any producing or distributing companv. Of the 15,200, there are 379 companies which operate four or more theatres as circuits. These independent circuits operate and control approximately 3,850 the- atres, which leaves 11,350 the- atres customarily classed as individual operations. These 11,350 theatres, of course, are unaffiliated or independent the- atres. The letter was written as a response to an editorial in the paper which stated: "The moving picture houses throughout the country are owned largely by a few companies." ▼ ▼ Proxies in support of the Pathe liquidation plan are coming in slowly. This development may be of more significance than the du Pont and Pathe stockholders' court actions, in possibly halting liquidation. The law requires 80 per cent stockholder approval. To Drop "Lucknow" Filming in England London, Dec. 5. — Following objec- tions of the India Office to the pro- duction and release of "Lucknow," by Butchers Film Service, Maurice El- vey, director, is expected to abandon it. Believing that the risks of Govern- ment and censor objections are too great, the planned employment of 800 staff technicians and cameramen has been abandoned. Tippett Quiz Date Set John D. Tippett, president of John D. Tippett, Inc., was ordered to ap- pear for examination before trial on Dec. 20 by N. Y. Supreme Court Jus- tice William T. Collins in connection with the company's $600,000 breach of contract suit against Universal Pic- tures. The complaint alleges breach of a 1932 contract under which Universal allegedly agreed to purchase one-half of its raw film requirements from the plaintiff. Rose Sets Para. Film London, Dec. 5. — Prior to leaving for the United States, David Rose, in charge of Paramount British produc- tion, set plans to make "Chinese Fish," as a single quota release, to be directed by J. Elder Wills and to star Valerie Hobson. Pathe directors are said to have about 60 per cent on hand. Fail- ure to obtain the balance by Dec. 13, date of the special meeting of stockholders, may be fatal to the plan. The law, it is under- stood, also requires that the li- quidation must be completed during December to be valid. T ▼ CBS has issued a splendid pro- motional volume giving in detail the part the network played dur- ing the 20 crucial days of the Czechoslovakian crisis when it appeared that a general Euro- pean war was imminent. The volume contains 175 pages of analytical detail and comment, and rates an honored position in any library about radio. T T By this, Dudley Murphy will learn that in a communication to the trade press, the A.M.P.A. describes William Howard, who will be the society's guest of honor at the Astor, Thursday, as he "who is now completing work on 'One Third of a Nation.' " ▼ ▼ According to 20th Century- Fox advices, King Farouk of Egypt has written enthusiastically about "In Old Chicago," which the monarch viewed at a special Cairo screening. Understood that the royal letter went to L. Gior- dano, the company's Near-East supervisor. To Hear Appeals on Canada Royalty Fees Toronto, Dec. 5. — A meeting of the Copyright Appeal Board has been called for Friday to consider any ob- jections to the schedule of fees which the Canadian Performing Right Society, Ltd., proposes to collect from theatres, radio stations, orchestras, fall fairs and other amusement operators for the use of its musical works dur- ing 1939 under the provisions of the Canadian Copyright Act. The society has not asked for any increase in the license fees which it will collect from theatres on a basis of seating capacity. Paramount May Shift Al Wilkie to Studio Al Wilkie, Paramount publicity head, may be transferred to the studio under a revamping of the department which is being worked out on the coast by Robert Gillham, advertising and publicity director. C. N. Odell, of the home office publicity staff, would replace Wilkie while the latter is at the studio. There is a possibility that Wilkie will alternate between the home office and studio. Newkirk to Be Reopened Murray Ginsberg, owner of the Newkirk in Brooklyn, will reopen the theatre this month after remodeling it at a cost of $10,000. Tuesday, December 6, 1938 Name Lyle Wilson As President of Carolina Owners Charlotte, Dec. 5. — Lyle M. Wil- son of Roanoke Rapids, N. C, today was elected president of the Theatre Owners of North and South Carolina. H. R. Berry of Hartsville, Sfr , and F. H. Beddingfield of Chan .e were elected vice-presidents. Mrs. Walter Griffith was reelected secre- tary-treasurer. Ed Kuykendall, president of the M. P. T. O. A., and Ned E. Depinet, vice-president of RKO, addressed the 26th annual convention. President S. S. Stevenson presided at the sessions yesterday and today, with 300 dele- gates present. Gene Autry also was present. Round-table discussions were held today, followed by committee reports and the election of new officers. Lachmann to Escort Gov. Chandler West Marc Lachmann, 20th Century- Fox exploitation manager, leaves to- day for Frankfort, Ky., where he will meet Jim Denton of the studio. The two will escort Gov. A. B. "Happy" Chandler of Kentucky and his party to the coast for the premiere aof "Ken- tucky" at the Carthav Circle, Dec. 14. During their five-day stay on the coast, the Kentuckians will be guests of Joseph M. Schenck and Darryl F. Zanuck at a party, with many notables attending. Prior to the opening of the film, the Governor will broadcast on a coast-to-coast network program on the picture. In the party will be members of the Governor's family; Lieut. Gov. and Mrs. Keene Johnson; Mayor Joseph Scholtz of Louisville; Mayor Reed Wilson of Lexington; A. N. "Bo" McMillan, football coach at the Uni- versity of Indiana; Carl Saunders, managing editor of the Kentucky Post: Joe Hart of the Louisville Cour- ier-Journal: Tom Underwood of the Lexington Herald: Boyd Martin of the Louisville Courier-Journal, and others. MOTION PICTURE DAILY (.Registered U. S. Patent Office) MARTIN QUIGLEY, Editor-in-Chief and Publisher: SAM SHAIN, Editor; JAMES A. CRON, Advertising Manager. Published daily except Saturday. Sunday and holidays by Quigley Publishing Com- pany, Inc., Martin Quigley, president; Colvin Brown, vice-president and treasurer. Publication office: 1270 Sixth Avenue at Rockefeller Center, New York. Telephone: Circle 7-3100. Cable addresss: "Quigpubco. New York." All contents copyrighted 1938 by Quigley Publishing Company, Inc. Address all correspondence to the New York- office. Other Quigley publications: Motion Picture Herald, Better Theatres, Teatro al Dia, International Motion Picture Almanac and Fame. BUREAUS: — Hollyzvood: Postal Union T-ife Building. Vine and Yucca Sts.; Boone Mancall. manager: William R. Weaver, editor. Chicago: 624 S. Michigan Ave., C. B. O'Neill, manager. London: 4 Golden Square, W. 1: cable address, Quigpubco, London; Hope Williams, manager. Entered as second class matter Sept. 23. 1938, at the post office at New York, N. Y., under the act of March 3, 1879. Subscription rates per year $6 in the Americas and $12 foreign. Single copies 10c J- 1 RIDE A CROOKED MILE' A Paramount Picture with Akim Tamiroff • Leif Erikson Frances Farmer • Lynne Overman He's box office dynamite in Paramount's RIDE A CROOKED MILE 'Okay drama! Definitely establishes Tamiroff as character star." — Hollywood Reporter . . ."Virile, exciting melodrama. Superb characterizations by Tamiroff." — Daily Variety . . ."TamirofPs performance most convincing and vigorous of the year. Suspense retained steadily until finish." — Motion Picture Herald . . . "Red-blooded, action-crammed drama. Brilliant performance by Akim Tamiroff." — Box-Office. ^Mfc MOTION PICTURE DAILY Tuesday, December 6, 1938 Variety Club Pittsburgh Pittsburgh, Dec. 5. — Local Va- riety Club has started its fifth annual Milk Fund Drive, in cooperation with Station KDKA and the Pittsburgh Press. The purpose is to provide milk for children in 31 orphanages. The goal this year is $65,000. The club need raise only $32,500, which is matched by William Zeuger, local milk dealer. WWSW also will aid this year. Four Satur- day radio broadcasts before Christmas are employed. John P. Harris and George Tyson head the club commit- tee, aided by Ira Cohen, chief barker, and Clarence Pettit, KDKA pro- gram director. Cincinnati Cincinnati, Dec. 5. — Father Cle- tus A. Miller, one of the club's chap- lains, has had the rank of Papal Cham- berlain with the title of Very Reverend Monsignor conferred upon him. At 35, he is the youngest Monsignor on record. Harold Bernstein is in California where he will be married. Very Rev. Cletus A. Miller, Rabbi Victor E. Reichert and Chief Barker Joe Oulahan have been ap- pointed to determine the charitable obligations o fthe club. Film Act Committee Adjourns to Jan. 12 London, Dec. 5. — The Home Office Advisory Committee in its initial meet- ing opened consideration of the non- flam situation, then, on suggestion of Sir Samuel Hoare, adjourned the dis- cussion until Jan. 12. The committee was established to advise the Home Office and Scottish office on the administration of the 1909 Films Act. Lord Tyrrell, chief film censor, was present at the meet- ing. The committee decided to hear evidence as part of its activities, and it is believed certain that short sub- jects producers and the Cinematograph Exhibitors' Association will send depu- tations. Mexican Labor Union Again Bans "Scipio" Mexico City, Dec. 5. — Exhibition of "Scipio Africanus" was blocked at the last minute and after costly ad- vertising at the Cine Palacio here by the Confederation of Mexican Work- ers, this country's most powerful labor organization. It revived the ban on the picture, on the ground that it is Fascist propa- ganda, which it canceled when the pic- ture was brought to Mexico six months ago. Bank Night Outlawed In 2 Mass. Counties Dedham, Mass., Dec. 5. — District Attorney Edmund R. Dewson has noti- fied police chiefs in all cities of Nor- folk and Plymouth Counties that they must halt all theatre use of Bank Night and similar games within their jurisdiction. In a circular letter to the officials, Dewson wrote, "This scheme is a lot- tery, and it must be stopped imme- diately." New York Preview "Sacrifice D'Honneur ( Tri-N ational) "Sacrifice D'Honneur," first of Tri-National's product, in French but with ample English titles, is a somberly treated story of an eternal triangle, albeit not a sordid one, presented against a sweeping back- ground of French naval warfare. A few attempts have been made to insert some Gallic wit as relieving touches, however, with effective results. The premiere was before a distinguishd audience at the distinc- tive new Normandie Theatre oh Park Ave. The story deals with a middle-aged French naval officer married to a beautiful young girl, Annabella, who, despite an earlier indiscretion with another French officer, is devoted to her husband. The picture reaches its emotional climax following the torpedoing of her husband's ship by an enemy vessel which gives French signals. At the court mar- tial his story about the signals is not believed until his wife, sacrificing her own honor, reveals that she too had seen the signals while in the stateroom of the young lieutenant with whom she had staged her indiscre- tion prior to her marriage. The court, thinking her story a fabrication to protect her husband, finally clears him of charges when another officer admits he, too, had seen the false signals. Annabella, as usual, photographs stunningly, and gives an admirable performance. Victor Francen gives an effective characterization as the middle-aged naval officer. The battle scenes are action-packed and realistic. Marcel L'Herbier directed. Running time, 75 minutes. "A."* Jack Banner *"A" denotes adult classification. "Gang Bullets" (Monogram) This is unpretentious but active, well-paced screen fare, which should serve its purpose in the smaller spots where active dramatic material is suitable. Although put together without any elaboration, this E. B. Derr production, directed by Lambert Hillyer, has definite values for many audiences. Robert Kent, Anne Nagel, Charles Trowbridge, Morgan Wallace and J. Farrell MacDonald have the leading roles, and all handle themselves in satisfactory fashion. The original screenplay by John T. Neville finds Wallace, big-time racket boss, tossed out of many towns and finally starting his activities, operating gambling joints, shakedown protection "associations" and the like in the town where Trowbridge is district attorney. Kent is his assistant and Miss Nagel, Kent's fiancee, is Trowbridge's daughter. MacDonald is chief of police. Trowbridge is faced with ousting from office because he cannot arrest and convict Wallace, and when evidence makes it appear that Trowbridge is conspiring with the gangster, Kent seeks to convict him. Only at the last minute, in an active climax, it appears that Trow- bridge was trapping Wallace, successfully, and the misunderstanding between Kent and Miss Nagel is cleared up. Running time, 63 minutes. "G."* Charles S. Aaronson *"G" designates general classification. "Santa Fe Stampede" (Republic) The dependable "Three Mesquiteers" perform their usual hard-riding, fast-shooting and expert villain-busting in the latest in their Republic series, "Santa Fe Stampede." It has excellent outdoor photography and pace. Juvenile and adults who go for westerns will like it. The "Mesquiteers," having grubstaked a pal, Dave Carson, who has struck a rich mine, are sent for by Carson to receive a half claim in the mine. But Gil Byron, a villainous mayor, learns of the strike and sics his mob on the boys and Carson. The ensuing action sees an ambushing, with the death of Carson and his little daughter, a false murder charge against Stony Brooke, leader of the "Mesquiteers," a near lynching of Brooke when Byron stirs up the townsfolk, and in the end the inevit- able triumph of justice and law and order. There is a love interest be- tween Brooke and Carson's grown daughter, Nancy, but it's slightly treated. John Wayne, Ray Corrigan and Max Terhune are again the "Three Mesquiteers." George Sherman directed. Running time, 58 minutes. "G." Jack Banner "G" denotes general classification. 'Citadel' and 'Blondie' Hub High, $37,500 Boston, Dec. 5. — Boston's box-office takes ballooned more than 60 _per cent above average last week. mT'ht Citadel" and "Blondie" led with v^/l 000 at Loew's Orpheum. Grand total for two theatres, Loew's State and Orpheum, was $37,500. At the Metro- politan "Angels with Dirty Faces" and "Down on the Farm" ran a strong second taking a clear $20,000. "Drums" and its co-feature, "Swing Cheer," was third and strong enough for a holdover, at $18,000. Estimated takings for the week end- ing Nov. 30 : "Angels With Dirty Faces" (W. B.) "Down on the Farm" (ZOth-Fox) METROPOLITAN — (4,332) (25c-35c-40c- 55c) 7 days. Gross: $20,000. (Average, $12,500) "Drums" (U. A.) "Swing Cheer" (Univ.) RKO MEMORIAL— (2,907) 55c) 7 days. Gross: $18,500. $13,000) "The Citadel" (M-G-M) "Blondie" (Col.) LOEW'S STATE— (3,537) (25c-35c-40c-55c) 7 days. Gross: $16,000. (Average, $10,000; "The Citadel" (M-G-M) "Blondie" (Col.) LOEW'S ORPHEUM— (2,907) (25c-35c- 40c-55c) 7 days. Gross: $21,500. (Average. $12,000) "Suez" (20th-Fox) "Torchy Gets Her Man" (W. B.) PARAMOUNT— (1,797) (25c-35c-40c-55c) 7 days. Gross: $7,000. (Average, $9,000) "Suez" (20th-Fox) "Torchy Gets Her Man" (W. B.) F EN WAY— (1 ,332) (25c -35c -40c -55c) days. Gross: $5,000. (Average, $4,500) (25c-35c-40c- ( Average. Examining Dates Set For Newburgh Action Dates for nine examinations before trial in the anti-trust suit brought by Orange County Theatres, Inc., against Eugene Levy, George Walsh, Netco Theatres Corp., Paramount, 20th Cen- tury-Fox, Big "U" Film Exchange. United Artists, RKO and Joseph Lee have been set by Federal Judge Ed- ward A. Conger. Judge Conger or- dered the appearance of Harry Bux- baum and Lee yesterday; Sidney R. Kent, today; Neil F. Agnew and M. S. Kusell, Dec. 7; Walsh and Levy, Dec. 13 and William Sussman on Dec. 21. Harry Friedman, presi- dent of Orange, must appear Dec. 15. Books and records which list all film releases in Newburgh, N. Y., from 1935 to 1937 must be produced by the defendants. The plaintiff seeks $225,000 damages for an alleged con- spiracy to restrain trade in violation of the Sherman and Clayton anti-trust laws. Chicago Union Deal Same As This Year Chicago, Dec. 5. — Terms of the new contract here for projectionists are understood to be the same as for the current year, which is 10 per cent under the previous year. The signing of the contract is awaiting only the working out of in- dividual problems with certain exhib- itors. The conclusion of an agree- ment ends the long fight between the unions and exhibitors over the union's attempt to win a pay increase. I! Tu day, December 6, 1938 MOTION PICTURfc DAILY Zukor Is Here On Paramount British Policy Paramount's new operating policies in Britain will be determined during | ,'• (jinext 10 days while Adolph Zukor, arrived trom the coast yesterday 't with Mrs. Zukor, is in New York, i postponed meeting of the company's i board will be held tomorrow and sev- eral conferences of the company heads will get under way immediately fol- j lowing the arrival from London on ' Friday of John W. Hicks, foreign head, and David Rose, Paramount's British production representative. ( The conferences are expected to cover the company's future production policy in England, theatre expansion abroad and the executive setup for ' England and the Continent. Zukor " said on his arrival here that a number of story properties, which he de- clined to identify, had been with- • drawn from the Hollywood schedule in the belief that they were better adapted for production in England. Producers, directors, cast members j and technicians will be sent to Lon- don from Hollywood for work on some of these while others will be 5 made with wholly British personnel. To Add to Theatre Holdings Zukor said he assumed the company would continue to add to its theatre holdings abroad inasmuch as it had i maintained a policy of theatre expan- sion for many years. Decision on appointment of a successor to J. C. Graham, whose former post as man- aging director for Britain has not been filled, would be up to Hicks. I Asked to comment on reports that he might relinquish his post as chair- man of the Paramount board, Zukor ' said, "I have given the matter no thought." High company officials have denied reports that Zukor would be replaced by a new board chairman i on leaving for London. Mr. and Mrs. Zukor stopped off in . Tucson for a week to visit their daughter, Mildred Zukor Loew, and her son. Barney Balaban, Paramount president, was at the station to meet r the Zukors. The latter will sail some time next week. j Also arriving on the 20th Century • yesterday were Will H. Hays and II Mrs. Hays, who had been in Holly- wood for about four weeks, and an ■ M-G-M home office sales delegation ,. returning from a weekend sales meet- • ing in Chicago. In the latter group n were W. F. Rodgers, Fred Quimby, . Tom Connors and Si Seadler. Canadians to Weigh Contract Revisions ( Toronto, Dec. 5. — A meeting of the Conciliation Committee of the ' Film Section, Toronto Board of '- Trade, will be held Wednesday to [ consider applications of the Inde- pendent Theatres Association for re- vision of the standard license agree- ment, including the elimination of the • score charge and changes in clearance • schedules. The chairman of the committee is J. T. Bragg, secretary of Famous ■ Players Canadian Corp., while N. A. Taylor represents the I. T. A. High Court to Hear W.Va. Tax Argument Washington, Dec. 5. — U. S. Supreme Court this week will hear argument on the applicability of the West Vir- ginia "use" tax to pictures distributed by out-of-state companies, on appeal of the state's acting tax commis- sioner against a district court decision holding United Artists not engaged in busi- ness in West Virginia and its activities beyond reach of the use tax as interstate com- merce. Statute provides for collec- tion of one per cent of gross proceeds of companies en- gaged in business in the state. The tax commissioner contended U. A. was suffi- ciently engaged in business in West Virginia to be sub- ject to the tax and not en- gaged in interstate com- merce relative to local ex- hibition of its films, which is the only activity sought to be taxed. Italian Decree Is Delayed 6 Months (Continued from page 1) the terms of the extension become known. Some indicated the belief that the postponement might be de- signed to apply to certain companies only, in order to break the solid front of the American distributors' opposi- tion to E. N. I. C. Metro, 20th Century-Fox, Para- mount and Warners, which have their own branches in Italy, have given no- tice to employes and made arrange- ments for liquidating their Italian of- fices Dec. 31. It is assumed, how- ever, that the notifications would be cancelled if the official terms of the postponement of the effective date of the decree are acceptable. Confer Today for Future GN-FA Deal Hollywood, Dec. 5. — Jack Skirball, production head of Grand National, declined to reveal whether Fine Arts would continue to release through G.N. or break away entirely. He ar- rived here from N. Y. with Edward Alperson, G.N. sales chief. A conference has been set for to- morrow between Skirball, Alperson and Franklyn Warner, F. A. head, and an announcement of future G.N. and F.A. relations was promised for this week. Skirball declared that produc- tion would start shortly on six musical westerns which will feature Tex Fletcher. Other production activity will also be speeded in order to catch up with the release schedule which fell by the wayside when F.A. suspended activity. Group Service Altec Plan Altec Service Corp. is inaugurating a plan for making servicing available to exhibitors at reduced rates through contracts with exhibitor organizations. The group servicing deals will be made with any "recognized" exhibitor unit. Negotiations are under way now with several regional theatre associa- tions. Marquee Hearing Is Scheduled Tomorrow (Continued from page 1) limited to theatres, but in its present shape, is receiving the mayor's atten- tion. In effect, the present bill would restore the law to the same as existed prior to the adoption of the new city charter. The present code, however, limits marquees and signs on mar- quees to a two-foot width. David So- linger, attorney for Newsreel The- atres, Inc., is conducting litigation to determine the right of the Board of Standards and Appeals to waive the two-foot law, and he is expected to appear at the hearing to favor pass- age. Committee of General Welfare of the council now has under considera- tion an amendment to the administra- tive code to ban all marquees from Broadway between 69th St. and 120th St. and from 72nd St. between Colum- bus Ave. and Riverside Dr. This bill also includes a ban on the area on side streets lying within 100 feet of Broadway. The committee heid a public hearing on the bill last Wednes- day. Myers, Samuelson to Attend Phila. Meet Philadelphia, Dec. 5. — With Abram F. Myers, general counsel of national Allied, and Sidney Samuelson of New Jersey as speakers, final plans for an Allied suit in Philadelphia are expected to be completed at an or- ganization meeting here tomorrow. 5 Roosevelt Pact Is To Run Five Years (Continued from page 1) House secretary would aid or hin- der him in his connection with any motion picture of controversial na- ture which he might have to work on, Roosevelt said, "Mr. Goldwyn doesn't make controversial pictures" and Goldwyn promptly affirmed the assertion. Roosevelt plans to remain in Holly- wood for about ten days and will re- port to N. Y. headquarters on Jan. 2, the date when his contract becomes operative. Amplifying his preliminary state- ment that he had been attracted to the industry by its record of service to the general public, Roosevelt said he had long sought a chance to identify himself with a "growing industry" and indicated he believes the motion picture has by no means attained its full stature. Goldwyn said the em- ployment of Roosevelt was in keeping with his long known policy of obtain- ing the services of "able young men" and that "probably nobody is so well acquainted with public taste as Mr. Roosevelt." A question as to whether the five- year pact has the usual option clauses was allowed, gracefully, to go unan- swered although an answer to an ear- lier question had concluded with "if I'm here a year from now." Roosevelt declined to discuss the amount of his salary beyond saying re- ports that it is $50,000 a year are "high." < u z o o pa CO s < p H O 55 O H O "80 ci ►a 5 1*3 so t£ •53 ^ "Si . 53 © c J S€ o ft. 50 60 6 03 so 53 Q d «o *^/-\ ■so •G oj i c 2 •s c 5 4) "6 ! 6 WARNERS Brother Rat (G) (C) Wayne Morris Priscilla Lane Hard to Get (G) (C) Dick Powell de Havilland Torchy Gets Her Man (G) (D) Glenda Farrell MacLane Nancy Drew, Detective Bonita Granville John Litel Angels with Dirty Paces (G) (D) Cagney O'Brien "Dead End" Kids Comet Over Broadway Kay Francis Ian Hunter Heart of the North Dick For an Gloria Dickson Secret Service of the Air Ronald Reagan John Litel Ila Rhodes The Dawn Patrol Errol Flynn Rathbone Going Places Dick Powell Anita Louise UNIVERSAL The Storm (G) (D) Bickford MacLane Foster Exposed (G) (C) Glenda Farrell Otto Kruger Prairie Justice (O) His Exciting Night (C) Charles Ruggles Ona Munson Little Tough Guys in Society (G) (C) Boland Auer Horton Strange Faces (G) (D) Dorothea Kent Frank Jenks Andy Devine Secrets of a Nurse (G) (D) Helen Mack Edmund Lowe Swing, Sister, Swing Ken Murray Ghost Town Riders (O) Newsboys Home Jackie Cooper Wendy Barrie s ®" E <, ■4-> ^ m cq A < The Young in Heart (G) (C) Gaynor Fairbanks, Jr. Goddard Cowboy and the Lady (G) (C) Cooper Oberon Trade Winds Frcdric March Joan Bennett Duke of West Point Louis Hayard Joan Fontaine 20TH-FOX Suez (G) (D) Tyrone Power Loretta Young (913) Always in Trouble (G) (C) Jane Withers Jean Rogers (914) Just Around the Corner Shirley Temple Charles Farrell (915) Sharpshooters (G) (D) Brian Donlevy Lynn Bari (916) Submarine Patrol (G) (D) Richard Green Nancy Kelly Preston Foster (909) Road Demon (G) (D) Henry Arthur Joan Valerie Henry Armetta (918) Up the River (G) (C) Tony Martin Phyllis Brooks (924) - Down on the Farm (G) (C) Jones Family (920) Thanks for Everything Menjou Oakie (917) Kentucky Loretta Young Richard Greene (923) RKO RADIO Tarnished Angel (G) (D) Eilers (907) Lawless Valley (G) (O) George O'Brien (981) Annabel Takes a Tour (G) (C) Oakie Lucille Ball (908) Law West of Tombstone (G) (O) Harry Carey Jean Rouverol (909) Peck's Bad Boy at the Circus Tom Kelly (G) (C) Next Time I Marry Lucille Ball James Ellison (910) The Great Man Votes John Barrymore Peter Holden REPUBLIC I Stand Accused (G) (D) Robt. Cummings Helen Mack Rhythm of the Saddle (G) (O) Gene Autry Storm Over Bengal (G) (D) Patric Knowles Rochelle Hudson Santa Fe Stampede (G) (O) Orphans of the Street Come On, Rangers (G) (O) Roy Rogers Mary Hart Western Jamboree (O) Gene Autry Smiley Burnette Red River Range 3 Mesquitecrs Federal Man Hunt Fighting Thoroughbreds Ralph Byrd Mary Carlisle Robert Allen Shine On, Harvest Moon Roy Rogers Mary Hart PARA. Men With Wings (G) (D) MacMurray Illegal Traffic (G) (D) J. Carroll Naish Mary Carlisle If I Were King (G) (D) Colman Rathbone Thanks for the Memory (G) (C) Bob Hope Shirley Ross i i l Say It in French Ray Milland Arrest Bulldog Drummond Little Orphan Annie (G) (C) Ann Gillis Robert Kent Ride a Crooked Mile Farmer Erikson Tamiroff The Frontiersman (G) (O) William Boyd (3856) One Third of a Nation Sylvia Sidney Tom Sawyer, Detective Artists and Models Abroad Jack Benny Joan Bennett MONOGRAM Gangster's Boy (G) (D) Jackie Cooper Robert Warwick Gun Packer (O) Jack Randall Gang Bullets Anne Nag el Little Tenderfoot (O) Tex Ritter Song of the Buckaroo (O) Tex Ritter I Am a Criminal John Carroll Mary Kornman Tough Kid Frankie Darro Wild Horse Canyon (O) Jack Randall Sky Pirate John Trent M-G-M The Citadel (G) (D) Robert Donat Rosalind Russell (909) The Great Waltz (G) (M) Luise Rainer Fernand Gravet Miliza Korjus (908) Spring Madness (G) (D) Lew Ayres Burgess Meredith The Shining Hour (A) (D) Crawford Sullavan Douglas Out West with the Hardys Lewis Stone Mickey Rooney Flirting with Fate (G) (C) Joe E. Brown Leo Carrillo Dramatic School Rainer Goddard Alan Marshall A Christmas Carol Reginald Owen Terry Kilburn The Girl Downstairs Tone Goal Connolly Sweethearts MacDonald Nelson Eddy COLUMBIA The Little Adventuress (G) (D) Edith Fellows Law of the Texan (O) In Early Arizona Bill Elliott Dorothy Gulliver Adventure in Sahara Paul Kelly Lorna Gray Blondie (G) (C) Penny Singleton Arthur Lake Rio Grande (O) Charles Starrett Ann Doran Strange Case of Dr. Meade Jack Holt California Frontier (O) There's That Woman Again Douglas Bruce Smashing the Spy Ring Fay Wra>y Ralph Bellmny o ^ sl * i * Z £ 00 1 M i a * Q • Q & s Tuesday, December 6. 1938 MOTION PICTURE DAILY English Film Loans Getting Court Test London, Dec. 5. — Two actions to establish the legal status of bank loans for production financing on which in- surance policies have been posted as security were begun in the Commer- cial Courts here today. The two ac- tions involve 23 companies and an es- ti.'Okd $10,000,000 of production n'riafcing. Others will be filed later, it is believed. The first action was brought by the Westminster Bank against Ralli Bros., and the second by Guild Hall Insur- ance Co. against Poland, Cockell and Stewart and Lloyd's, underwriters. The actions are regarded here as test cases to establish liability result- ing from production losses in instances in which the loans were secured by in- surance policies. $500,000 Suit Filed Against Movie Quiz Movie Quiz was subjected to its first legal attack yesterday when Mil- ton Spitz, copyright owner of "U- Spot-It," filed an infringement suit in the U. S. District Court here against Motion Pictures Greatest Year, Inc., Columbia, M-G-M, Paramount, RKO, 20th Century-Fox, Universal, War- ners, Monogram, Bobbydick, Inc., op- erators of the Globe, and Moredall Realty Corp., operators of the Capitol. A permanent injunction restraining the Quiz, $500,000 damages and an accounting of the profits is sought. Pending trial of the suit, a motion for a temporary injunction will be made. Annexed to the complaint is a book- let copyrighted in March, 1936, which describes "U-Spot-It." The idea called for a distribution of identification tickets to the audience. The patron would watch the film for a shot which would refer to his identification and, if found, would go to the platform to answer questions concerning the story. Hollywood Preview Para.-Skouras Start Contest on "French" Paramount has launched a Neil F. Agnew exploitation contest in cooper- ation with Skouras Theatres on "Say It in French." Prizes totaling $500 will be awarded to Skouras managers who contribute the best exploitation campaigns and tally the best compara- tive grosses on the film. The contest will end on March 8, 1939. The judges will be S. P. Skouras, E. F. Zabel and George H. Balsdon on grosses, and Alec Moss, Paramount advertising manager, on exploitation. "Dramatic School" {M-G-M) Hollywood, Dec. 5. — The M-G-M search for films to fit the unique talent of its two-time Academy winner, Luise Rainer, led in this in- stance to use of a Hungarian play by Hans Szekely and Zoltan Egyed dealing with the acting carrer of just such an actress as Miss Rainer is. This fact would seem to provide useful exploitation material for show- men offering the attraction. Miss Rainer's role is that of a Paris factory worker who attends dramatic school and whose more adequately financed but less talented fellow students stimulate her to the invention of boastful fictions which circumstance and strangers instinctively sympathetic to her ambition conspire to make come true. Chief among these fictions is that Alan Marshal, rich Parisian, loves her and is "angel-ing" her career. He does and is, for a time, but his interest cools and the hurt of his deser- tion spurs her to dramatic virtuosity and box-office triumph. She plays the role in the plain, repressed manner of her previous appearances. Robert B. Sinclair directed for producer Mervyn LeRoy and the screenplay is by Ernest Vajda and Mary C. McCall, Jr. Paulette God- dard shares top billing with Miss Rainer and plays a professional rival. Gale Sondergaard and Henry Stephenson are outstanding in support with Melville Cooper, Lana Turner, Anthony Allan, Genevieve Tobin and Ann Rutherford among the members of a very large cast. The production is expensively done and contains a number of effective passages. It is mature in tone and treatment, although equipped with dialogue lines which specifically define the "angel"-actress relationship as immaculate, and depends rather completely on the Rainer popularity. Running time, 82 minutes. "A."* Roscoe Williams Depositions Read In Loew's Action *"A" denotes adult classification. New York Preview Ride a Crooked Mile (Paramount) Showmen have a combination of gangster, prison, army, Russian exile and filial love themes to sell in this picture, as well as a first class job by Akim Tamiroff, that sterling character actor. There are also Leif Erikson in a strong performance and Frances Farmer in the role of a patient sufferer. Tamiroff is a transplanted Russian Cossack who has amassed wealth by bigtime cattle rustling somewhere out west. He discovers he has a grown son, who proves to be a chip off the old block. Tamiroff's resolve to go straight is interrupted by the F. B. I. men, who send him to the Federal pen at Leavenworth. Erikson joins the cavalry and with Miss Farmer's help plots the escape of Tamiroff and a cellmate, Lynne Over- man. There's a smash climax as Erikson, who finds that duty comes before paternal ties, leads a troop in pursuit of the escaped convicts. The picture is full of action. Jeff Lazarus produced, Alfred E. Green directed, Ferdinand Reyher and John C. Moffitt did the original story and screenplay. Running time, 78 mins. "G."* Al Finestone First day for the taking of testi- mony in the suit of Loew's minority stockholders against the company and its officers and directors was con- sumed by the introduction of deposi- tions and written exhibits. Stockhold- ers were granted permission to amend their complaint to include 20 additional charges. Most of the allegations re- ferred to charges of favoritism and concessions granted to relatives of of- ficers. Norma Shearer, Edward Loew and Bank of America, as execu- tors of the estate of Irving Thalberg, were named as defendants. The deposition of Louis B. Mayer, which traced the history of the com- pany's development, was read into evidence and was followed by the dep- osition of J. Robert Rubin. Reading of Rubin's deposition will be com- pleted today. A total of 85 exhibits were also admitted. The trial con- tinues today in the N. Y. Supreme Court before Justice Louis A. Va- lente. Legion Approves 10 Of 11 New Pictures National Legion of Decency for the current week approved 10 of 11 pictures reviewed and classified and found one objectionable in part. Of those approved, eight were found un- objectionable for general patronage and two for adult patronage. The new films and their classification follow : Class A-l, Unobjectionable for General Patronage — "Adventure in Sahara," "Dawn Patrol," "Father O'Flynn," "Flirting with Fate," "In Early Arizona," "Last Warning," "Little Adventuress," "Up the River." Class A-2, Unobjectionable for Adults — "Comet over Broadway," "Shadows over Shanghai." Class B, Objectionable in Part — "The Story of a Cheat." *"G" denotes general classification. Reserve Pathe Decision N. Y. Supreme Court Justice Philip J. McCook reserved decision yesterday on the motion for a temporary injunc- tion made by 16 Pathe Film Corp. stockholders to restrain the Dec. 13 meeting of the company when a vote will be taken on the proposed disso- lution. Sarecky Quits Universal Hollywood, Dec. 5. — Barney Sa- recky, associate producer at Universal since 1936, wound up his contract there and left for New York. Warners Plan Big Ad Campaign on "Patrol' Advertising plans for "Dawn Pa- trol" by Warners include full page ads in color in Life, Look and Click which will appear during the national release of the film, set for Dec. 25. In January, issues of Modern Screen, Modern Movies, Photoplay, Screen- land and Silver Screen will also carry ads. Horwitz Recovering Cleveland, Dec. 5.— M. B. Hor- witz, independent circuit owner is on the mend at Lakeside Hospital where he is convalescing from pneumonia. KMT A Is Planning Regional Meetings Kansas City, Dec. 5. — Kansas-Mis- souri Theatres Association plans a series of regional meetings to be held in Kansas and Missouri from Dec. 15 to Jan. 15. Tentatively, the meetings have been set for Pratt, Stocton, Salina, Topeka and Inde- pendence, Kan., and Joplin, Eldon and Maryville, Mo. Purpose of the meetings is to gain the full cooperation of all theatres, affiliated and non-affiliated, and to pro- vide an opportunity to discuss legis- lative and other problems, Frank Cassil, president, said. All members of the board will attend. M P Art Fund to Sell 42,700 Benefit Tickets M. P. Art Fund for German Refu- gees has pledged itself to dispose of 42,700 tickets for the benefit. Sale_ of tickets starts this week. Assisting Carl Krueger, chairman, in the sale are Jimmy Boyle, RKO, Ruth Weis- berg, Warner, Al Sherman, Colum- bia, Charles Garrett, Gaumont-British, Arthur Jeffrey, U. A., Leon Schreib- man, Republic, Gene Murphy, M-G-M and Loew's, Lou Shanfield, 20th Cen- tury-Fox, Marion Orford, Universal, Ruth Schwerin, Monogram, and Mil- ton Silver, National Screen Service. Gus Eysell, managing director of the Music Hall, will appoint a member of his staff within the next few days. Pascal' s Next to Be "Doctor's Dilemma" London, Dec. 5. — Gabriel Pascal's next picture will be "Doctor's Dilemma," to be made here with a Hollywood star and director, to be followed by "Major Barbara," with Wendy Hiller, and "Devil's Disciple," to be made in Hollywood. George Bernard Shaw is writing an original for stage and picture pro- duction. Pascal's policy will be to alternate between England and Holly- wood on production. RADIO MOTION PICTURE DAILY Tuesday, December 6, 1938 ► Radio Personals < GUY LOMBARDO has been ap- pointed as head of the Radio Division of the Christian Com- mittee for the Relief of Jewish Refu- gees . . . Lucy Monroe off to St. Louis and Cincinnati to fulfill con- cert dates . . . Stuff Smith's orchestra set for five weeks at the La Salle, Chicago, by Stan Zucker, general manager of Consolidated Radio Ar- tists . . . Myron Selznick, Ltd., has just set a guest appearance for Fredric March on Eddie Cantor's Camel Cara- van program Dec. 12. The deal was arranged by Herman Bernie. Adding another milestone to a bright career, Guy Lombardo's or- chestra celebrates its 10th big time year in radio on Dec. 12 . . . Buddy Clark, Nan Wynn and Ray Block's orchestra set for a new show of their own on CBS, starting next Wednes- day at 10 :30 P. M. . . . Robert Mont- gomery and Olivia De Havilland will be heard in "Scarlet Pimpernel" in the Lux "Radio Theatre" Dec. 12. High Fidelity Set Marketed by WQXR WQXR, New York City's high fidelity station, is marketing a high fidelity radio receiver, the first time such a step has been taken by any station. The set is designed by WQXR's engineering staff under the direction of John V. L. Hogan, own- er of the station, and is built to im- prove reception of high fidelity broad- casts. Ansley Radio Corp. is manufactur- ing the sets, which will go on display some time next week. Rodzinski to Direct Four NBC Concerts Arthur Rodzinski will direct thf NBC symphony orchestra in the Saturday night broadcasts of Dec. 10 17, 24 and 31, while Arturo Toscanini is on vacation. The latter will re- sume Jan. 7. Will Honor Sarnoff David Sarnoff, president of RCA, was notified yesterday that he is to be this year's recipient of the Poor Rich- ard Club's gold medal of achievement, for "contributions to American civ- ilization." The medal will be awarded in Philadelphia at a club banquet Jan. 17. Manchu Himself Radio Attractions, Inc., did it right when they sent out invitations to a preview of the radio production of "The Shadow of Fu Manchu" at the Waldorf tomorrow. They printed the invitation on a be-ribboned paper re- sembling parchment and had it delivered by an imposing figure dressed like a storied Chinese mandarin, accom- panied by a Chinese girl in native dress. F.C.C. "Forgives" Welles Broadcast Washington, Dec. 5.— Orson Welles' "War of the Worlds" program of Oct. 30 was for- given today by the Federal Communications Commission in an announcement that complaints regarding the program will not be consid- ered in approving renewal of the stations carrying the broadcast. The commission explained that "in its judgment," steps taken by CBS since the broadcast are "sufficient to protect the public interest" and expressed the belief there is no likelihood of a repetition of incident. Pub- lic sentiment on the broad- cast, which created panics in several localities, was shown by the commission to have been divided. New CBS Sustainer Taking Welles Spot With the Orson Welles series vacat- ing the Sunday 8 to 9 P. M. spot on CBS to begin a new commercial schedule, CBS will fill the period with an elaborate new sustaining series titled "This Is New York," with James Montgomery Flagg, the illus- trator, as the m. c. Initial guests are to be Alexander Woollcott and Louis Armstrong. Leith Stevens' orchestra and Lynn Murray's choral group will appear permanently in the peries. Ed Gardner will produce. The program starts Dec. 11. RC A-Amperite Trial Set Trial of the infringement suit brought by RCA and Western Electric against Amperite Corp. and Samuel Ruttenberg has been set for Jan. 16 by U. S. District Court Judge John M. Woolsey. The suit charges in- fringement of four patents covering improvements on microphones and amplifiers. An accounting of profits, damages and injunction are sought. New CBS Program Gives Studio Tieup To RKO Theatres Direct tieups with all RKO theatres and the studio will be the basis of the radio series which RKO and the Wil- liam Wrigley Co. will sponsor on the CBS network, beginning Jan. 8. The new program, known as "Gate- way to Hollywood," will be directed to the discovery of new talent. Ap- plication blanks for tryouts will be ob- tainable only at RKO theatres. Ar- thur Willy, RKO eastern talent chief, will interview applicants at the com- pany's exchanges throughout the country, with the appointments for promising talent being made in ad- vance by mail. Regional contests will be arranged for those selected by Willy and winners will be guaranteed six months' employment at $125 a week at the RKO studio. All talent used will be billed by the names of "Alice Eden" and "Jack Archer." Central Casting Bureau, Holly- wood, is participating in the plan and all bookings of successful contestants will be handled by it. Idea for the program originated with Jesse L. Lasky, who will super- vise the series on the air. Broadcasts will be over a 60-station hookup, Sun- days from 6:30 to 7:00 P. M., E.S.T. Ethyl on 61 Stations Ethyl Gas Co. will use 61 stations to carry its new show on CBS, bowing in Jan. 12 from 10 to 10 45 P. M. The program will be the sponsor's first attempt at network radio. Batton, Barton, Durstine & Osborn is the agency. The talent comprises Andre Kostelanetz, Kay Thompson's vocal group and Walter O'Keefe. Bette Davis on "Theatre" Bette Davis has been signed for two appearances in the "Silver Theatre" on CBS, Dec. 11 and 18. Miss Davis will be heard in a snecially written story, "Broken Prelude," which will be in two installments. Network Chiefs andN.A.B. Meet on New Industry Code Network executives sat with a com- mittee of the National Association of Broadcasters in all-day session here yesterday to act on formation of a new industry code. The meeting follows a recent suggestion made to that ef- fect by David Sarnoff, president of RCA. at the monopoly hearings in Washington. The entire day was devoted to a re- view of past network programstand- ards and policies and to a review of the old National Association of Broadcasters Code, which was adopted in 1935. Since adoption of the old code, the NAB has been completely reorganized, with Neville Miller com- ing in last July as the association's first "paid" president. From yesterday's meeting, according to those who attended, will evolve a preliminary approach to formation of an entirely new NAB code. The committee stated frankly it recognized that the code in force is inadequate for present day broadcast- ing, but would not make known what recommendations for change it con- siders making. However, its recom- mendations will be presented to the board of directors of the NAB at special meetings in Washington Dec. 12 and 13 Those who attended yesterday's meeting include Neville Miller, pres- ident of the NAB ; Lenox Lohr, presi- dent of NBC ; Ed Klauber, execu- tive vice-president of CBS ; Ted Streibert, vice-president of Mutual ; Edgar Bill of Peoria, 111. ; Ed Craney of Butte, Mont.; Paul Morency. Hartford, Conn. ; Ed Spence, secre- tary-treasurer; Arnold Bennett,, at- torney, and Ed Kirby, public relations, all of the NAB. Frank Mason and Niles Trammell, NBC vice-presi- dents, also attended the afternoon FCC Calendar Washington, Dec. 5. — The Federal Communications Commission has as- signed for hearing Dec. 19 the appli- cation of Yuba- Sutter Broadcasters, for a new 1,320-kilocycle, 250-watt station at Marysville, Cal. The commission also ordered hear- ings, to be held Jan. 10, on the^j^ plications of James F. Hopkins, Wj', for a new 1,400-kilocycle, 250-watt station at Ann Arbor; WKOK, Sun- bury, Pa., for extension of time from sharing to unlimited, and WJEJ, Hagerstown, Md., for increase of day power from 100 to 250 watts. Hearings have been ordered on the applications of the Dalhart Broadcast- ing Co., for a 1,500-kilocycle station at Dalhart, Tex., with 100 watts power night, 250 watts day ; Copper County Broadcasting Co., for a 1,370- kilocycle station at Hancock, Mich., with 100 watts night, 250 watts day; Martinsville Broadcasting Co., for a 1,420-kilocycle station at Martinsville, W. Va., with 100 watts night, 250 watts day ; Presque Isle Broadcasting Co., for a 1,500-kilocycle station at Erie, Pa., with 100 watts night, 250 watts day; Albemarle Broadcasting Co., for a 1 ,370-kilocycle station at Elizabeth City, N. C, with 100 watts night, 250 watts day, and WFMD, Frederick, Md., for extension of time from day to unlimited. WOR-Mutual Record Last 6th Ave. "L" Run The last rattlings of the last train to traverse the gloomy Sixth Avenue "L" were recorded for radio listeners and for posterity by WOR-Mutual, with Dave Driscoll working in the 38th St. station, and Al Josephy riding aboard the final "limited." The broadcast, was on the air at 12 midnight, and lasted for 10 minutes. For contrast, following the descrip- tion of the final ride of a train on the elevated structure, WOR-Mutual followed with a recorded description of underground activities of the build- ing of the Sixth Avenue subway. The broadcast on the "L" platform almost came a cropper when Josephy. riding on the train, could not get off at the 38th St. station with passengers he had obtained for interview pur- poses. The plan had been for Josephy to disembark with some passengers and join Driscoll on the 38th St. plat- form, but the motorman elected to ride straight to 42nd St. Olsen-Johnson Star In New CBS Program Olsen and Johnson have been set for a cooperatively sponsored show on CBS to begin within the next few weeks. The radio program will be styled along the lines of their Broad- way musical show, "Hellzapoppin." The air show will be billed as "Whatsapoppin." The series will take the Sunday 5 to 5 :30 P. M. spot, now occupied by a sustaining show. Fred Mayer, in- dependent producer, is lining up the show and has already secured a num- ber of sponsors. It is believed the program will have about 35 sponsors over as many CBS outlets by the time the program starts. MOTION PICTURE DAILY First in Accurate and Impartial VftL. 44. NO. Ill NEW YORK, WEDNESDAY, DECEMBER 7, 1938 TEN CENTS Fairbanks May Produce at SI Coast Studios Selznick May Share in New Company Negotiations under which Selznick International may obtain a participat- ing interest in the new producing company being formed by Douglas Fairbanks, Sr., in return for use by :the latter of the S-I studio and pro- duction facilities are under way. S-I has not made and does not con- template making a financial investment in the Fairbanks company. The negotiations will be continued with the return to New York from Europe of Fairbanks and Montague Marks. The latter and Adrian Baillie represent British investors, (Continued on page 7) Butterfield Quits Pathe News Post Allyn Butterfield has resigned as managing editor of Pathe News after three years with the newsreel. Fred- eric Ullman, Jr., vice-president and general manager, has taken over the post, at least for the time being. A successor may not be named for some (Continued on page 7) Dividend Totals Are Aired in Loew Suit Charges that five Loew employes received $12,800,000 during the period from 1934 to 1937 while common ; stockholders received $21,612,000 dur- ing the same period were aired yes- terday in the N. Y. Supreme Court before Justice Louis A. Valente in the minority stockholders' suit. Ber- nard J. Reis, an accountant, testified that he had made an examination of . the books to determine the figures. ' It is expected that the plaintiffs will later charge that the amount received as dividends was too low. The five men who participated in the $12,800,000, according to Reis, were Louis B. Mayer, J. Robert Rubin, Nicholas Schenck, David Bern- . stein, Irving Thalberg and Arthur Loew. Most of the day was taken up with the reading of depositions of Rubin, which had started on Monday. Schenck, Bernstein, Theodore Frey and John Hazel. The trial will con- tinue todav. Allied Will Observe 10th Birthday Jan. 17 Allied States next month will observe its 10th anni- versary at a "Founders' Day" dinner to be held at the Carl- ton Hotel, Washington, Jan. 17. The dinner will be held in conjunction with the annual directors' meeting, Jan. 17 and 18. Allied States Asso- ciation began operations on Jan. 15, 1929. Allied is inviting indepen- dent exhibitors generally to attend the dinner. U. S. Strength ini Chicago Case May Show Tomorrow Radio — Page 8 Chicago, Dec. 6. — When Leo Spitz, William Kirkland and other attorneys for defendants appear Thursday be- fore Federal Judge Woodward, in connection with the Government's criminal contempt plea against Bala- ban & Katz, Barney Balaban and vari- ous major film companies, there may be revealed just how strong or weak the U. S. case may be. The defendants already have asked tor a bill of particulars. There doesn't appear to be any like- lihood of the Government abandoning its action. The contempt action is sought on alleged violation of the 1932 consent decree. Spitz is counsel for RKO and Uni- versal. Kirkland is counsel for Para- (Cnntinued on page 7) Cutting Rooms Are Busy on 78 Films; 41 Before Cameras Hollywood, Dec. 6. — Forty-one productions are before the cameras this week, as seven finished and seven started. Twenty-one are being pre- pared, and 78 are in the cutting rooms. Started were: "Paroled to Exile," Monogram ; "Me and My Girl," "Sudden Money," Paramount ; "Twelve Crowded Hours." RKO ; "Winner Take All." "The Jones Fam- ily in Hollywood," 20th Century-Fox ; "Torchy Blane Runs for Mayor," Warner. In addition to these, shooting were : "Lone Wolf No. 1," and "Let Us Live," Columbia : "Ice Follies of 1939." "Honolulu," "The Wizard of Oz," "Idiot's Delight," "I Take This Woman," "Burn 'Em Up O'Connor," "Broadway Serenade," "Song of the West," M-G-M: "Cafe Society." (Continued on page 3) Studio Men Tackle Wages-Hours Plan Hollywood, Dec. 6. — After a meet- ing today with 40 representatives of the studios to discuss procedure under the wages-hours law, Pat Casey, pro- ducer labor contact, said that no pro- gram would be established until after a second meeting on Friday. The question causing most discussion is that of classification of workers as there are about 80 in the industry and some may be declared professional and not under the jurisdiction of the act. Boom in Phonograph Record Business Drawing Wall St. By SAM SHAIN Phonograph record business has boomed so, that the business is at- tracting the attention of financiers in Wall Street, and when that happens, it's a sure sign that the business has a future. Now there is to be heard talk about mergers and combinations in the disc business. Almost a year ago Decca and American Record Co. (Yates) dis- cussed a merger, and today it is CBS and American. The American Record Co. is a combination of Columbia- Brunswick and Vocalion. Brunswick was formerly owned by Warner Bros, in their talker heyday. That was when Warners bought the record and phonograph business from Brunswick- Balke-Collender and paid something like $12,000,000 for them. It was one of those hectic periods like a gold rush in the film business. Sound had come in. Everybody was sound conscious. For Warners it meant a new outlook and future in the film business. Some time after that Herbert Yates (Consolidated Laboratories) who, as everybody knows, is in the processing business, felt that he had to do some thing to protect his business. Yates also is the head of Republic Pictures, im portant film company. And so he went to Scranton and purchased a button stamping factory in order to be pro- tected in the new sound wave. Vitaphone at that time, which was owned by Warners, used the disc, and (Continued on page 8) Program Not Full Solution, States Myers Tells Phila. Allied Vital Point Is Conciliation Philadelphia, Dec. 6. — Talking on the trade practice draft before the newly formed Allied group here, Abram Myers, general counsel of Allied States, explained its advantages but said, "I would like to point out to you exhibitors that the schedule as published is not the end of the road, nor is it self-executing, and it doesn't mean exhibitors will find every solu- tion." The new organization formed here adopted the name Allied Independent Theatre Owners of Eastern Pennsyl- vania, and set an annual budget of $25,000 of which half was raised to- day. A total of 45 exhibitors was present, many formerlv active in the United M. P. T. O. here. Myers declared the most important factors in the trade practice draft are (Continued on page 7) Laurel Sues Roach Asking $700,000 Hollywood, Dec. 6. — Charging breach of contract, Stan Laurel todav filed suit for §700,000 against Hal E. Roach and Hal Roach Studios, Inc. Laurel charged that Roach can- celled a contract under which he was to star with Oliver Hardy in two additional pictures. The pact, made in 1937, called for four pictures, of which two were made, he said. After the contract was abrogated Hardy was co-starred with Harry Langdon. the complaint states. Church Film Boards Asked for Canada Montreal, Dec. 6. — Sepa- rate Protestant and Catholic school board censor units to rule on films for children were believed to have been suggested today in a report of the pedagogical commit- tee of the Montreal Catholic School Commission. The report, which supports the "Films for Children" drive, was the result of a month's study of the ques- tion. The present 10-year-old law limits the admission age to 16 years and over. MOTION PICTURE DAILY Wednesday, December 7, 1938 i Purely Personal ► JOHN GARFIELD, Warner play- er, arrived yesterday by plane from the coast to join his father, who is ill here. He will return to the studio soon. • E. C. Rhoden, Fox Midwest divi- sion manager in Kansas City, is in town conferring with Spyros Skouras. • Mike Cullen, Loew's district man- ager at Pittsburgh, conferred yester- day with Joe Vogel at the home of- fice. • Hunter Perry and Sam Pinanski are at the Paramount home office for conferences with Barney Balaban. • Ned E. Depinet returned from Charlotte yesterday. Dave Palfrey- man is due from there today. • Austin C. Keough of Paramount was confined to his home with a cold yesterday. • J. Robert Rubin of M-G-M was on the sick list yesterday. Hal Horne is expected back from London next week. Ed Kuykendall will arrive in New York today. Kent Leaves Friday For Studio Meeting Sidney R. Kent, president of 20th Century-Fox, leaves Friday for the studio to attend a meeting of produc- tion and distribution officials which will start early next week. Other home office executives and others from New York will leave to- morrow night. On Friday they will be joined by district managers from other parts of the country in Chi- cago, from where they will proceed to Los Angeles, arriving there Sunday. Van Doren Plans House Waterbury, Conn., Dec. 6. — Fred- erick Van Doren of the Hamilton plans a 650-seat theatre here. THE MERCURY OVERNIGHT TO LOS ANGELES Fly the Southern SUNSHINE route over- night to Los Angeles. Through service. No change of planes. Giant SKYSLEEPERS. Complimentary meals served by stewardesses. Mercury Southerner Lv. 5:10 p. mi Lv. 9 :10 p. m. (only 3 stops) (only 5 slops) FOR RESER VATIONS: Call Your Travel Agent orVANderbUt 3-2580. Ticket Offices: 45 Vander- tat Ave., and Rockefeller Center, 18 W. 49th St. AMERICAN AIRLINES^ BERNARD HAYMAN has suggested to major net- works establishment of a general charity tax of 10 cents per person, upon free radio audi- ences, for the benefit of German refugees, and when the Nazi scourge is removed, to fire and flood victims in stricken areas. ▼ ▼ Some indication of the exhibi- tor mind regarding Samuel Goldwyn's employing James Roosevelt may be had from the following comment which ap- pears in the Allied States bulle- tin, of Dec. 5 : "A few exhibitors have become unduly alarmed by the report (confirmed this morning) that the President's son, James Roose- velt, was going to take a position with Sam Goldwyn, pretending to see in the affair an effort to gain White House support in securing the dismissal or aban- donment of the Government's prosecution against the motion picture trust. "This imputes to the Presi- dent's son a motive so unworthy that no one who seriously reflects on the matter can fairly entertain it." Incidentally, it looks like the younger Roosevelt is fortunate in more ways than one, for he is to have the benefit of being tutored in the trade by James Mulvey, vice-president and eastern repre- sentative for Samuel Goldwyn, on coming east. Quarters are be- ing prepared for the new v.p. adjoining those of Mulvey, in the Goldwyn home offices, here. T T Hollywood committees are planned by the Motion Picture Arts Fund for German Refugees to cooperate with the New York group in the nationwide cam- paign to raise money for refugee relief. The figure of 47,200 tickets for the art drawing sponsored by the Fund was conceived unauthori- tatively by a trade paper contact for the group. Fund committees plan a na- tionwide distribution of 200.000 tickets. Distribution will be made through the exchanges. The tickets should be off the press late this week. A Hollywood personality may be named national executive chairman. Al Margolies is per- manent chairman of the Fund. About 60 paintings have been contributed to date, with Dean Cornwell, Max Kalisch and other prominent artists making dona- tions. The Fund committees hold a joint meeting today at the Piccadilv. Loew's Xmas Hosts To 80,000 Children Fifty Loew theatres in the metro- politan area are preparing to enter- tain 80,000 youngsters at special Christmas Day morning shows. The children will be invited from orphan- ages and other institutions. Gifts such as candy are being donated by neigh- borhood merchants. The circuit estimates that 100,000 youngsters will be similarly enter- tained at 75 theatres out of town. Deny Plea to Study Smith Firm's Books N. Y. Supreme Court Justice Wil- liam T. Collins has denied William Mayer the right to examine the cor- porate books and records of S. M. M. H. Corp. organized to market a patent for a non-intermittent camera and projector. According to the papers filed, Mayer is a 10 per cent stockholder and Courtland Smith and Saul Rogers are officers of the corpo- ration. Similar applications to inspect the books of Studio C. Lens Corp. and C-Lens Corp., organized to market lens patents, were also denied. Loew-Skouras in Deal Arrangements are expected to be completed this week whereby Loew's will enter in a joint operation deal for two Skouras theatres on upper Broad- way. Loew's have two theatres in the area, the Lincoln Square at 66th St. and Broadway, and Loew's 83rd. L. Fox on Ad Films Hollywood, Dec. 6. — Lawrence W. Fox, Jr., president of General Film Co., which produces the Crime Club shorts for Universal release, has formed the General Commercial Film Co. to pro- duce advertising films. He will con- tinue with the Crime Club produc- tions. Cocalis Takes Riviera Sam Cocalis has taken over the Ri- viera, St. John's Place, Brooklyn, from Randforce. He expects to re- open it at Christmas with a policy of vaudeville and films. Deluxe overnight Sleeper ~k Latest evening departure — 5:20 p.m. — with arrival for morning busi- ness in Hollywood. Or take TJnited's famous Overland Flyer, another Sleeper plane, leaving at midnight. Fast, luxurious, fewest stops. RESERVATIONS at 58 East 42nd Street, MUrray Hill 2-7300. Or travel bureaus, hotels. UNITED AIR LINES The Main Line Airway To Ask Chamberlain About 'Lucknou? Ban London, Dec. 6. — Prime Minister Chamberlain will be questioned tomorrow in Com- mons on the censorship of "Lucknow," Butcher Films picture which was abandoned on objections from the India Office. Chamberlain will be asked, it is understood, whether th^P Government is considering- the establishment of a state censor board. Johnson President Of Exchange Union Lou Johnson of the Loew exchange was reelected president of the Film Exchange Employes' Union, Local B-51, at the annual election. Votes were cast by 232 of the total member- ship of approximately 300. Plans were laid for several social events which will take place after the first of the year. Other successful candidates were: Leo Braun, Paramount, vice-presi- dent : David Newman, Warner, secre- tary-treasurer; Gerard Lee, Loew's. recording and corresponding secre- tary; Augustus Kubart, Loew's, ser- geant-at-arms ; Michael Orlando. 20th Century'- Fox ; Leonard Brooks, War- ners ; Selig Epstein, RKO : Victor Pe- pitto, Columbia; James Pope. Loew's; Conrad Forschner, Paramount ; Frank Gollotto, Universal, and Harry New- man, U. A., members of the executive board; Perry Strow, Warner; Irving Damrauer, Columbia, and Murray En- gel, 20th Century-Fox, trustees. Ohio Censor Cuts 47 Columbus, Dec. 6. — Ohio censor re- viewed 665 reels, from which 47 elim- inations were ordered during the five- week period in November. Eight reels were rejected during week ending Nov. 4, and a like number for the week ending Nov. 18. These figures compare with 509 reels reviewed, with 24 eliminations in October, and 621 reels and 55 eliminations in November, 1937. MOTION PICTURE DAILY {Registered U. S. Patent Office) MARTIN QUIGLEY, Editor-in-Chief and Publisher; SAM SHAIN, Editor; JAMES A. CRON, Advertising Manager. Published daily except Saturday, Sunday and holidays by Quigley Publishing Com- pany, Inc., Martin Quigley, president; Colvin Brown, vice-president and treasurer. Publication office: 1270 Sixth Avenue at Rockefeller Center, New York. Telephone: Circle 7-3100. Cable addresss: "Quigpubco. New York." All contents copyrighted 1938 by Quigley Publishing Company, Inc. Address all correspondence to the New York office. Other Quigley publications: Motion Picture Herald, Better Theatres, Teatro al Dia, International Motion Picture Almanac and Fame. BUREAUS: — Hollywood: Postal Union Life Building. Vine and Yucca Sts.; Boone Mancall, manager: William R. Weaver, editor. Chicago: 624 S. Michigan Ave., C. B. O'Neill, manager. London: 4 Golden Square. W. 1: cable address, Quigpubco, London; Hope Williams, manager. Entered as second class matter Sept. 23. 1938, at the post office at New York, N. Y., under the act of March 3, 1879. Subscription rates per year $6 in the Americas and $12 foreign. Single copies 10c Wednesday, December 7, 1938 MOTION PICTURE DAILY Seattle Slips But "King" Has Strong $8,350 Seattle, Dec. 6. — Best bet of the w££k was "If I Were King" at the _smount, which took a neat $8,350 aira was held. The only other house to better average was the Fifth v Avenue, with "The Shining Hour" and "Road Demon," at $7,900. The weather was rainy. Estimated takings for the week end- ing Dec. 2: "Stablemates" (M-G-M) "Touchdown Army" (Para.) BLUE MOUSE — (950) (30c-40c-55c) 7 days, 3rd week, extended run from Fifth Avenue. Gross: $3,800. (Average, $4,000) "The Shining Hour" (M-G-M) "Road Demon" (20th-Fox) FIFTH AVENUE— (2,500) (30c-40c-55c) 7 days. Gross: $7,900. (Average, $7,000) "Drums" (U. A.) LIBERTY— (1,800) (20c-30c-4Oc-55c) 7 days, 2nd week. Gross: $4,650. (Average, $5,000) "Submarine Patrol" (ZOth-Fox) "Swing That Cheer" (Univ.) MUSIC BOX— (950) (30c-40c-55c) 7 days, 2nd week, extended run from Paramount. Gross: $2,950 (Average, $4,000) "Just Around the Corner" (ZOth-Fox) "Mr. Doodle Kicks Off" (RKO) ORPHEUM— (2,450) (30c-40c) 7 Gross: $5,700. (Average, $6,000) "Prairie Moon" (Repub.) "Mr. Wong, Detective" (Mono.) PALOMAR— (1,500) (20c-30c-40c) 7 days. Vaudeville. Gross: $4,800. (Average, $5,000) "If I Were King" (Para.) PARAMOUNT— (3,050) (30c -40c) 7 days. Gross: $8,350. (Average. $6,000) days M. P. Lawyers Talk With Mayor on Tax Industry representatives met yes- terday with Mayor LaGuardia for a discussion of the principles underlying the city's current efforts to assess dis- tributors penalties and interest for non-payment of the two per cent city sales tax during a period in which the industry believed it was exempt from the levy. The Mayor heard the industry's story from Arthur H. Schwartz of Schwartz & Frohlich, counsel for Col- umbia, and indicated that his views in the matter would be made known later. In the industry delegation in addi- tion to Schwartz were Harry Buckley, United Artists ; Peyton Gibson, Uni- versal ; Carl Leserman, Warners, and Walter Frye and Arnold Bernstein, M-G-M. Hollywood Previews Three Slates After 802 Executive Posts Three rival slates are in the running for the annual elections of Local 802, American Federation of Musicians. Jack Rosenberg, present incumbent ; Arthur Pryor and Arthur Holdstein have been nominated for the presi- dency. Elections take place Dec. IS. Other nominations are: For vice- president, Dick McCann, incumbent ; Jacob Blankleder, Sam Holder, An- thony Mulieri and Burt H. Smith ; for secretary, William Feinberg, in- cumbent ; W. Earl Duncan and Emil Hollander ; for treasurer, Harry A. Suber, incumbent ; Irving B. Carneol, William E. Richard. Thanks for Everything (20th Century-Fox) Hollywood, Dec. 6. — This is a lively and adroitly contrived comedy of situations, plus songs, running the scale of humorous devices from suave dialogue off the tongue of Adolphe Menjou to surefire slapstick swung by Jack Haley, Jack Oakie and expert assistants. Rooted in a radio contest, the story by Gilbert Wright is freshly turned and the screenplay by Harry Tugend makes capital of every kink in it. Preview audience reaction was loud and laudatious. Haley plays a small town youth whose 100 percent correct answers to 100 questions asked in a radio contest seeking the "average Ameri- can" inspire the head of the advertising agency to delay delivery of the prize money and use Haley as a guinea pig whose reactions form the basis of predictions on which the agency prospers prodigiously. Haley's romance is snarled in the process and extreme measures are resorted to by way of preserving the accuracy of his responses to stimuli. Final undertaking of the agency is to find out for a foreign power what degree of incitement is required to make the average American want to fight for his country and the picture gives a popular answer convincingly without departing even momentarily from the comedy vein. It's as nice a job of picture plotting as has come across the screen in months. Interest is chiefly in Haley, Menjou and Oakie, with Arleen Whelan, Binnie Barnes and Renie Riano doing the relatively minor feminine chores competently. It's a Harry Joe Brown production directed for every laugh that's in it, which are many, by William A. Seiter. It contains four songs by Mack Gordon and Harry Revel for good measure and Tony Martin sings them. It's an all-'round, all-purpose comedy for anv time or place. Running time, 70 minutes. "G."* Roscoe Williams Cutting Rooms Are Busy on 78 Films; 41 Before Cameras "I Am a Criminal" (Monogram-Crescent) Hollywood, Dec. 6. — "I Am a Criminal" is a melodrama of regenera tion. The basic story, a freshly devised original by Harrison Jacobs, is sound and logical. Off the beaten path, it introduces a wealth of novelty in plot, situations, characterizations, dialogue and action. Intelligently directed by William Nigh, the plot is naturally and convincingly acted by John Carroll and young Martin Spellman especially, supported capably by Kay Linaker, Craig, Reynolds, Mary Kornman, Robert Fiske and Lester Matthews. Class of production given the film by E. B. Derr causes it to compare favorably with others that have had the benefit of larger budgets. To win public sympathy for Collins, a gambler arrested on a murder charge, Attorney Fiske hires press agent Reynolds to publicize him as philanthropist and humanitarian. Reynolds' big stunt is to have the racketeer adopt waif Spellman. As Collins' attachment for the boy grows, Reynolds double crosses him by cutting in on Collins' girl friend, Miss Linaker. As the day of his trial approaches, Collins is deserted by all but Spellman and his house keeper, May Beatty. Then, rather than face the charge, he skips out but is surprised to find the boy accompany- ing him. In a mountain hideout, the attachment between the two grows stronger and Collins also finds real romance with Miss Kornman. But when Spellman is about to drown while trying to help Collins escape an officer, he sacrifices his chance for freedom by saving the boy. Arrested he returns to face the charge knowing that Spellman and Miss Korn man will be waiting for him when he completes his sentence. Running time, 73 minutes. "G."* G. McC. *"G" denotes general classification. Associates Meet Dec. 13 Next meeting of the Motion Picture Associates will be held at the Hotel Lincoln, Dec. 13. Nomination of offi- cers for the coming year and discus- sion of the annual dinner and dance are contemplated. Buys House in S. C. Timmonsville, S. C, Dec. 6. — The State here has been sold by Mrs. A. E. Whittemore, of Rockingham, N. C, to F. A. Green, native of Bishop- ville. Murgin Theatres Formed Albany, Dec. 6. — Papers of in corporation have been filed on behalf of Murgin Theatres, Inc., with Sidney Jacobson, Louis L. Seidman and Da- vid L. Holzman, New York, as direc tors. Des Moines Xmas Party Des Moines, Dec. 6. — Plans are under way for the Warner Club's an nual Christmas party Dec. 24. Bill Watkins, vice-president, is in charge of the entertainment. (Continued from paae 1) 'Never Say Die," "Union Pacific," Hotel Imperial," "The Lady's from Kentucky," "Midnight," "I'm from Missouri," Paramount ; "Love Affair," 'The Castles," "The Flying Irishman," RKO ; "Mysterious Miss X," Republ- ic ; "It's Spring Again," Roach ; 'Chasing Danger," vMr. Moto in Porto Rico," 20th Century- Fox ; "Son of Frankenstein," "You Can't Cheat an Honest Man," Universal ; "Stage Coach," Wanger ; "Oklahoma Kid," "Yes, My Darling Daughter," "Al- ways Leave Them Laughing," "Dodge City," "Juarez," Broadway Cavalier," Warners. Finished were "Racketeers," Colum- bia ; "Fisherman's Wharf," Principal ; "Charlie Chan in Honolulu," "Wife, Husband and Friend," 20th" Century- Fox ; "Newsboys' Home," Universal ; 'Dark Victory," and "Nancy Drew, Reporter," Warners. Columbia started one short subject, which is still shooting. M-G-M fin- ished two, and RKO, one. Five are being prepared, and IS are in the cut- ting rooms. "Pygmalion" Starts At Benefit Tonight Special benefit performance at the Astor for German refugees will usher in "Pygmalion" tonight. Tomorrow it will start an indefinite run on a con- tinuous show policy. "Mary Antoin- ette" finished on Sunday with an es- timated $3,400 -for its 16th and final week. "Angels with Dirty Faces" is held over for a third week at the Strand. "Say It In French" did an estimated $29,000 at the Paramount and will be followed today by "Thanks for the Memory." "Out West with the Har- dys" is due at the Capitol tomorrow and "Thanks for Everything" at the Roxy on Friday. Foreign films are strong with "Grand Illusion" in its 13th week at the Filmarte and "Ballerina" in its fourth at the Little Carnegie. "Little Tough Guys in Society" drew an esti- mated $5,000 at the Rivoli in its sec- ond week. "Crime Takes a Holiday" attracted an estimated $6,200 at the Globe. Vaudeville will augment a film policy at the Continental when the new policy goes into effect at the house Christmas Eve. The acts will be pre- sented in the form of a short musical revue. Gainsborough Year Profit Is $13,500 London, Dec. 6. — A profit of $13,- 500 is recorded by Gainsborough Pic- tures for the year ended June 20 last, as against the loss in the previous year of $55,405. The balance from trading and sundry income amounted to $83,135. Interest, depreciation and amounts written off total $62,945. WRITE YOUR OWN TICKET! I WANT BIG PRE-HOLIDAY ATTRACTIONS WHEN I NEED THEM MOST! ' Okay Mr. Exhibitor, here's "DRAMATIC SCHOOL" starring Luise Rainer, Paulette Goddard. World Premiere Radio City Music Hall, starting December 8th. It's the most powerful heart drama since " Stage Door" and in its Hollywood Preview has been acclaimed one of the strongest box-office hits of the year. Other current M-G-M money attractions to keep your house packed are "OUT WEST WITH THE HARDYS," latest sensation of this famed family, beating even the previous one, uLove Finds Andy Hardy." Also Joan Crawford, Margaret Sullavan, Robert Young, Melvyn Douglas in "THE SHINING HOUR." Also "THE GREAT WALTZ" starring Luise Rainer, Fernand Gravet, Miliza Korjus. Also "THE CITADEL" starring Robert Donat, Rosalind Russell. You get these big productions now, when your box-office needs them most! 9 "I WANT THE FINEST CHRISTMAS FEATURE EVER MADE!" Okay, Mr. Exhibitor, here's ''A CHRISTMAS CAROL." Please screen it immediately and we'll guarantee that with tears in your eyes, hap- piness in your heart, you'll agree it's the fullest 7 reels of audience thrill and joy you've seen since M-G-M's previous Charles Dickens masterpiece, "David Copperfield." And "A CHRISTMAS CAROL" is a knockout attraction for any season of the year! "I WANT A NEW YEAR'S SHOW AS BIG AS A $6.60 BROADWAY MUSICAL HIT!" Okay, Mr. Exhibitor, here's "SWEETHEARTS" starring JEANETTE MacDONALD, NELSON EDDY. Entirely in Technicolor and the most magnificent production that ever combined star names, hit- songs, soul-stirring love story and unique spectacular presentations! It will play day-and-date in hundreds of theatres across America, a positive clean-up for the most popular theatre-going time of the year! "SWEETHEARTS" will write new box-office history for the greatest number of simultaneous bookings and for attendance beyond all previous records. u m ii METRO-GOLDWYN-M A YER, THE FRIENDLY COMPANY MOTION PICTURE Wednesday, December 7, 1938 Reviewing New Short Subjects "Scouts to the Rescue" (Universal) If the first three episodes in Uni- versale new 12-chapter serial are any indication, "Scouts to the Rescue" should prove an attractive addition to the program. It has all the elements — Boy Scouts, G-Men and Indians. Jackie Cooper plays the lead as the assistant scoutmaster of his troop. Skeets Scanlon (Bill Cody, Jr.) finds a map of hidden treasure and the scouts go off to dig it up. It is really counterfeit money. The counterfeiters, of course, go after the money and the G-Men after the counterfeiters. Indians in the ter- ritory where the bogus money is bur- ied resent the intrusion of the scouts and try to capture them. Both Coop- er and young Cody give appealing per- formances. Pat Scanlon plays Skeets' father, William Ruhl leads the G- Men and Ivan Miller is head of the gang. Several exploitation devices lend themselves readily to this serial, chief of which is a Boy Scout tieup. Run- ning time of each chapter, 21 mins. "G."* 'The Miracle of Salt Lake' (M-G-M) That America has not been immune to religious intolerance is dramatically shown in the persecution of the Mormons. Brigham Young leads his flock to the western wilderness where they will be free to practice their re- ligion. But a new menace arrives, hordes of grasshoppers which threaten to destroy the crops wrested from an almost barren soil. The Mormons' prayers are answered, and seagulls destroy the destroyers. Carey Wilson poises the question, "Was this a miracle?" Well done. Running time, 11 mins. "G."* 'The Captain's Christmas' (M-G-M) Mildly amusing are the antics of the cartoon characters, "The Captain and the Kids," in a holiday short. The Captain has prepared a holiday for the kids but Long John Silver ruins things, then repents and makes amends. Running time, 9 mins. "G."* "Stranger Than Fiction, No. 57" ( Universal) Eight oddities are assembled to make up a diversified and interest- ing subject. A millionaire Santa Claus, quadruplet calves, a new type of metal sculpturing, religious ser- vices for the deaf, a family of 13, miniature art, world's smallest post- office, and an acrobatic dancer who can walk on her feet and elbows at once. Running time, 9 mins. "G."* "Costa Rica" (Paramount) A travelogue in color of the Latin- American republic. Costa Rica's an- cient customs and its modern life are contrasted. Done in the routine man- ner of travelogues. Running time, 10 mins. "G."* "Man's Greatest Friend" (M-G-M) Pette Smith relates, in his usual in- teresting style, how man and dog have been companions through the ages. Most of the footage is devoted to Louis Pasteur's search for a cure for rabies and its successful consummation. If anyone has any doubts that the dog is man's best friend, this will go a long way to dispel them. Running time, 10 mins. "G."* "Jaipur, the Pink City" (M-G-M) FitzPatrick Traveltalks describe the fabulous city in India where the build- ings have a pink hue, which is brought out in the color tones. The strange customs of the natives, their religion which forbids the destruction of any- thing that lives, the primitive industry of the residents and their children, are among the topics that come before the camera. Running time, 8 mins. "G."* "Football Romeo" (M-G-M) Our Gang goes in for football, but Alfalfa refuses to play in the crucial game against Butch's Assassins. Romantic pangs taunt him into joining hk team, and he rushes on the field in the nick of time and saves the day. Running time, 10 mins. "G."* "Opening Day" (M-G-M) City Treasurer Robert Benchley of Shreeversport substitutes for _ the Mayor in dedicating the new stadium. After considerable oratory and heck- ling by the crowd he finally throws the first baseball — into a store window across the street. Benchley's tech- nique is not recommended, but it's grand satire. Running time, 9 mins. "G."* "Going Places, No. 57" ( Universal) A trip through Yellowstone National Park is provided in this fascinating short. The almost universal appeal which the park holds for tourists and would-be tourists should make this attractive to every type of patron. Graham McKamee does the narration. An unusually good travelogue. Run- ning time, 9 mins. "G."* "Frolicking Frogs" (Paramount) A Grantland Rice Sportlight which deals with trained frogs. A jumping frog contest at Angel Camp, Cal., made famous by Mark Twain, starts the reel. The locale is then changed to San Jose, where a group of per- forming frogs are trained. Although Ted Husing does his best to maks this one sound exciting, it is not up to par. Running time, 10 mins. "G."* "Little Blue Blackbird" (Universal) Here is an amusing black and white cartoon subject which should please. When her three eggs are hatched, the mother blackbird finds one baby bird which has no feathers. After several efforts to learn flying, the newcomer gives up. However, when a hawk robs the nest and kidnaps his brother and sister, he dons some discarded feathers and effects a rescue. Running time, 7 mins. "G."* "Baby Kittens" (Universal) In tl is Walter Lantz Cartune, three young kittens, with their eyes still un- opened, mistake Big Dog for mother cat. Big Dog at first doesn't like the idea, but grows fond of kittens and de- cides to adopt them. Mother cat thinks a kidnap is afoot and rounds up some tough cats who show Big Dog who's boss. Mildly amusing Running time, 7 mins. "G."* "Robbin' Good" ( Vitaphone) A novelty number which should in- terest every age and type of patron. Luis Zingone, expert on various phases of gambling, illustrates dis- honest methods employed. The scene is set in a courtroom where Zingone furnishes the necessary testimony to convict. Running time, 10 mins. "G."* "The Night Watchman" (Vitaphone) In this well-paced Merrie Melody color cartoon, Tommy Cat, night watchman of the kitchen, becomes too ill to attend to his nocturnal duties and sends Tommy, Jr., to substitute. The mice take advantage of the little fellow and stage a raid. After several amusing scenes, Junior gathers his courage and repulses the invaders. Running time, 7 mins. "G."* "The Daffy Doc" ( Vitaphone) Daffy Duck and Porky Pig are on view in this "Looney Tune" cartoon. Daffy tries his hand at surgery, but is dismissed by the head surgeon. He discovers Porky, however, and drafts him as a patient. Porky's efforts to escape and the complications of the "iron lung" will earn a chuckle. Run- ning time, 7 mins. "G."* "Stardust' ( Vitaphone) Eight variety acts introduced by Benny Davis, the song writer, are pre- sented here. Several attractive dance numbers are included, among which is a specialty number by Rollo and Ver- non Pickert who dance on stilts. Davis concludes by singing several of the out- standing song hits he has written. A good program filler but a trifle long. Running time, 22 mins. "G."* "Hal Kemp and his Orchestra" (Paramount) Hal Kemp offers a swing session with the assistance of Saxie Dowell, Bob Allen and Judy Starr. Judy in- troduces her six-year-old daughter. Patsy, who also contributes a vocal number. Pleasant and enjoyable. Run- ning time, 10 mins. "G." *"G" denotes general audience clas- sification. 'Angels' Tops Phila. $18,000 Despite Storm Philadelphia, Dec. 6. — Despite heavy snow storms "Angels with Dirty Faces," backed by an ext^'/ve ad campaign, took $18,000 at the- vox and was held over. The stage-screen bill at the Earle drew $19,000.' "Thanks for the Memory" was the film with the Jan Savitt band. "Cow- boy and the Lady" got a first week gross of $11,500 at the Aldine. Estimated takings for the week end- ing Dec. 1 : "Cowboy and the Lady" (U. A.) ALDINE — (1,300) (40c-55c-65c-75c) 7 days. Gross: $11,500. (Average, $8,160) "Man to Remember" (RKO) ARCADIA— (600) (25c-40c-55c) 4 days. Gross: $900. (Average, 7 days, $2,800) "If I Were King" (Para.) BOLD— (2,400) (40c-55c-65c) 7 days, 2nd week. Gross: $9,000. (Average, $14,000) "Thanks for the Memory" (Para.) EARLE— (2,000) (2Sc-40c-S5c) 6 days. Stage : Jan Savitt band, Eric Blore, Ethel Shutta. Gross: $19,000. (Average, $14,000) "Angels With Dirty Faces" (Warners) FOX— (3,000) (40c-55c-65c-75c) 7 days. Gross: $18,000. (Average, $14,000) "Just Around the Corner" (20th-Fox) KARLTON— (1,000) (25c-40c-55c) 7 days. Gross: $3,000. (Average, $4,000) "Young in Heart" (U. A.) KEITH'S— (2,000) (25c-40c-55c) 7 days. Gross: $3,500. (Average, $4,000) "Submarine Patrol" (20th-Fox) STANLEY— (3,700) (40c-55c-65c) 7 days. Gross: $10,000. (Average, $14,000) "Illegal Traffic" (Para.) STANTON— (1,700) (25c-40c-55c) 7 days. Gross: $4,000. (Average, $7,000) 'Suez' Montreal High at $12,000 Montreal, Dec. 6. — "Suez" cap- tured the box-office lead for the week with a gross of $12,000 at the Capitol. It was held. "A Man to Remember" and vaude- ville brought $8,000 to Loew's, while second week of "If I were King" at the Palace grossed $6,000. Weather was mostly fair and cool. Estimated takings for the week end- ing Dec. 3 : "SUEZ" (ZOth-Fox) CAPITOI^-(2,547) (25c-40c-55c-65c) 7 days. Gross: $12,000. (Average, $9,500) "A Man to Remember" (RKO) LOEW'S — (2,800) (25c-40c-50c) 7 days. Stage: Three Sailors and vaudeville. Gross: $8,000. (Average, $8,000) "The Young in Heart" (U. A.) "Touchdown, Army" (Para.) ORPHEUM— (919), (25c-35c-50c) 7 days. Gross: $2,500, 3rd week. (Average, $5,000) "If I Were King" (Para.) PALACE— (2,600) (25c-40c-55c-60c) 7 days. Gross: 6,000. 2nd week. (Average, $11,000) 'Dracula" (Univ.) "Frankenstein" (Univ.) PRINCESS— (2,272) (25c-3Sc-50c-65c) 7 days. Gross: $4,000. 2nd week. (Average, $7,000) Jesse Fishman Dies Cleveland, Dec. 6. — Jesse Fish- man, Warner theatre district man- ager here, died of a heart attack en route to the hospital after being srticken at his office. He is survived by his wife and two daughters. Eskin Takes 2 in Newark Newark, Dec. 6. — American and Cameo have been acquired by Harold Eskin. The houses, formerly operated by Picture Playhouses, Inc., seat 980 and 966, respectively. Wednesday, December 7, 1938 MOTION PICTURE DAILY Program Not Full Solution, States Myers . (Continued from paiic 1) conciliation and arbitration boards, arOigaid that Allied had insisted in th-— practice meetings that rules and machinery for conciliation should be fully defined to insure "proper and sfair administration." He cited the non-forcing clause as a case in point, stating that while the distributor is not allowed to force newsreels and trailers, his selling of them might con- ceivably lead to coercion without fair arbitration. On the subject of organization, he noted three "enemies" in exhibitor ranks — leaders who are subsidized, leaders with too great a sense of so- called gratitude to distributors and t scatter-brained leaders who grasped at any concession. Sidney Samuelson, Morris Wax and David Yaffe also spoke. Effective Date Uncertain Effective date of the industry trade practice program remains as one of the vital matters yet to be determined before the program is placed in final form and approved by exhibitors. Likewise, some exhibitor effort to have provisions of the plan made ret- roactive to the current season's con- tracts which are now in force appears certain. Preliminary drafts of the program which were dispatched to exhibitor representatives over last weekend specify that its provisions are not to become effective until the 1939-'40 buying season except in the cases of new contracts made prior to that time and in respect to the score charge elimination, which is to be made oper- ative immediately upon ratification of the program. These drafts, however, prepared by the distributors' negotiat- ing committee, are tentative and sub- ject to the outcome of final discus- sions with the exhibitor representa- tives. M.P.T.O.A. Wants Conciliation M. P. T. O. A., which resumes its negotiations with the distributors' committee here tomorrow, is definitely committed, on instructions from its board of directors, to insist upon the program being placed in effect imme- diately upon its completion. The M. P. T. O. A. will also urge the inclu- sion of definite provisions for estab- lishment of conciliation machinery in the program in addition to the plan's tentative provisions for settlement of trade disputes by voluntary arbitra tion. The preliminary draft of the program makes only a passing refer- ence to conciliation as a method of handling trade practice complaints and makes no attempt to suggest means of setting up local conciliation boards in key cities. Allied States' attitude on the effec- tive date of the program may not be determined until the organization's board of directors acts on the program as a whole. This will not be until after the organization's negotiating committee has given final study to the distributors' preliminary draft and an analysis of it which is being sent to committee members by Abram F. Myers, Allied chairman. The next "Clowns" Tonight "Here Come the Clowns," the story of vaudevillians transplanted to a meta- physical setting, by Philip Barry, opens tonight at the Booth. The cast includes Eddie Dowling, Madge Evans, Doris Dudley, Leo Chalzel, Russell Collins, Hortense Alden and others. Dowling is also producer, and Barry is reported to have furnished some of the financial backing. Robert Milton did the stag- ing. U. S. Strength in Chicago Case May Show Tomorrow regular meeting of the Allied board is scheduled for Jan. 17 and 18. Col. H. A. Cole, chairman of Al- lied's negotiating committee, may be prevented from taking an active part in any negotiations which may occur within the next few weeks. He under- went a gall bladder operation recently at Baylor Hospital, Dallas. Reached there yesterday, he said he did not ex- pect the Allied committee to meet un- til after the holidays. He reiterated his earlier statement that the under- standing which has been reached with the distributors is on general princi- ples of the program only. Allied T. O. of Iowa, an unaffiliated unit, will hold a series of district meetings in the next two weeks to present the draft to the directors and membership for action. Butterfield Quits Pathe News Post (Continued from page 1) time. No other major changes are said to be contemplated. The change is understood to have taken place a few weeks ago when Butterfield returned from extending the newsreel's facilities in Europe. Ullman at that time assumed editorial charge of the newsreel, but the im- pression was given that this was only temporary. Butterfield is negotiating for a con nection in the industry and may enter production, possibly in Hollywood. He is winding up at Pathe News. He has been in the newsreel field since 1923. Prior to joining Pathe he was for four years editor in chief of Universal Newsreel during which time he inaugurated several shorts series. He also edited "Bring 'Em Back Alive" and was otherwise active in feature production. (Continued from pane 1) mount. There seem to be more film company lawyers on hand for this case than have been prevalent in these parts for many years. It is understood the Government is no less covered by numerous investigators besides U. S. attorneys. More than 7,000 documents are ought by the Government for its in- formation. Most of this information is similar to that which is being sought in the pending independent anti-trust suit against B. & K. and the majors. The latter suit comes up for hearing again on Dec. 15. Fairbanks May Produce at SI Coast Studios Jean Hersholt to Be Santa Claus to 12,000 San Francisco, Dec. 6. — Jean Hersholt, who plays "Dr. Christian" in the radio serial of the same name, will play Santa Claus at a Christmas Eve party in the Civic Auditorium, with 12,000 youngsters expected to attend. The show is sponsored jointly by the city and the Call-Bulletin, local newspaper. Arrangements are being made to broadcast. Gets Role with Laughton London, Dec. 6. — Maureen O'Hara, an unknown player, has been cast op- posite Charles Laughton in "Jamaica Inn." (Continued from pane 1) who are supplying financing in asso- ciation with Swiss banking interests. Initial capital will be $2,500,000. The new producing organization will be known as Fairbanks International and if the negotiations with John Hay Whitney are consummated, "The Californian," which will be the first of three pictures it will distribute thorugh United Artists during 1939, will be made at the Culver City plant. Raoul Walsh may direct. The other two pictures will be "The Tenth Woman," a Technicolor picture based on the life of Lord Byron, and "The Three Musketeers," also in Technicolor. They may be made either at Denham, Pinewood or in Continen- tal Europe. Marks will sail from England Saturday on the Queen Mary and Fairbanks will follow in about three weeks. Sues M-G-M on "Ney" Charlotte, N. C, Dec. 6. — Copy- right infringement suit has been filed in the Federal Court here by LeGette Blythe, author of "Marshall Ney: A Dual Life," against Loew's, Inc. and M-G-M, for alleged plagiarism of the book in the short film, "The Bravest of the Brave." Damages of not less than $250,000 are sought. 0>< Fight Wis. Bank Night La Crosse, Wis., Dec. 6. — In a campaign in La Crosse County, of- ficials removed Bank Night equipment from the Rivoli and Hollywood here and issued a warrant charging opera- tion of a lottery against the La Crosse Theatres Co. and William Freise, operators and manager, respectively, of the former house. Buys House in Conn. Southampton, Conn., Dec. 6. — John W. Walsh of West Hartford has bought the Colonial Theatre property from Abraham Schuman and Joseph A. Davis, for a reported $100,000, in- cluding the 800-seat house, three stores, offices and apartments. But WALTER LIPPMANN doubts if he even is! V Now Hollywood gives Mister Average Man the orks— in a scandalously funny picture! THANKS FOR EVERYTHING (Released December 23rd) Timed by 20th for big holiday business! RADIO MOTION PICTURE DAILY Wednesday, December 7, 1938 Wall St. Drawn ByPhonograpb Records Boom (Continued from page 1) the sound-on-track was not known or generally used. As it happened, the sound-on-track became the accepted form for talkers, and the disc was abandoned, and so Yates found him- self with a button stamping factory and had to do something about it. That's when Yates bought Bruns- wick, paying something like a quarter of a million dollars for the business, but giving Warners a royalty on the old classical records. He also bought Columbia and Vocalion. Five years ago the phonograph busi- ness was just about the worst business in the country. Anyway, it was among the worst. Today, every im- portant radio set manufacturer is manufacturing phonographs in combi- nation with radio sets. Undoubtedly today there are people who would not purchase a radio set without a phono- graph attached. That's how the busi- ness has suddenly advanced. Selectivity a Factor Naturally, it got its impetus from several factors, one of which undoubt- edly is low cost records. The princi- pal firm manufacturing such records is Decca. Another angle concerned in this remarkable rebirth of an industry is the fact that people are satiated with radio, and by the phonograph they can obtain greater selectivity of music. If they want to hear Bing Crosby in "Sweet Leilani" all they have to do is bring out the record. On the radio they may have to wait days, weeks or months before they hear the song they want. Decca itself todav, after five years, is said to be the manufacturer of the greatest number of records annually, manufacturing upwards of 12,000,000 records a year — 1,000,000 monthly. And from these first few years of struggling through* unusually large losses, the company is now profitable. Decca Records, Inc., and its subsidi- aries show a net income of $207,122 for the fiscal year ended Aug. 31, after all charges. The net in 1937 was $80,245. ► Radio Personals < MURIEL WILSON has just re- covered from a two-week siege of grippe. . . . Six stations will be added to Guy Lombardo's CBS commercial this week. . . . Connie Boswell will appear as Tommy Dorsey's guest Dec. 14. . . . Aileen Soares has joined NBC's press de- partment to handle religious publica- tions. She was formerly with the Federal Council of Churches. . . . R. L. Ferguson, formerly with Weed & Co. and WOR and WINS here, has become general manager of WCLO in Janesville, Wis. . . . WHIO, Dayton, and WBIG, Greens- boro, N. C, are the latest to join the World Transcription Network. John H. Mason has been transferred from WABC's technical division to become an assistant program director in the production department . . . Jean English, CBS studio engineer, has been transferred to Hollywood, effec- tive Dec. 16 . . . Felix Knight has been renewed for 13 weeks on the Schaefer Revue . . . Bruce Boyce, Ca- nadian baritone, has begun a series on WQXR of all classical programs . . . Jessica Dragonette will sing at the Diamond Jubilee of the Xavier Alumni Sodality at the Waldorf Dec. 11. Two days later Miss Dragonette sings at Clark University in Worcester, Mass. . . . Larry Menkin, writer-direc- tor, has signed with the William Mor- ris office. First Commercial Dorothy Gordon, who used to be heard in a children's series over CBS, has been signed by the Wheatena Corp. to replace Ford Rushe's pro- gram on Mutual. Miss Gor- don will start her stint on Dec. 16, and will be heard Mondays. Wednesdays and Fridays from 5:45 to 6 P. M. It will mark her first com- mercial series, despite years in radio. Rohrabaugh & Gib- son is the agency. NBC Network Adds 2 Stations in Havana CMQ, Havana, and its complemen- tary short-wave station, COCQ, have been added to the NBC network, effec- tive immediately. With these additions, the number of NBC stations is brought to 166, of which the number of foreign stations is five. CMQ operates with a power of 25,000 watts on 1,010 kilocycles. COCQ, covering Cuba, Central America and the northern portion of South America, has a power of 1,000 watts. Rates for CMQ will be $200 an hour. The rate includes all trans- mission facilities but does not include extra announcing or translating serv- ices. Meanwhile, NBC will lose two sta- tions currently affiliated with it, when, the coming spring, KOIL, Omaha, and WWNC, Asheville, N. C, leave to join another network, presumably CBS. Says Radio Tubes Faulty in Canada Calgary, Dec. 6. — Charges that the life of radio tubes had been "de- liberately shortened" after Canadian firms had complained that they "lasted too long" were made yesterday at the hearing being conducted by Trade and Industry Commissioner R. J. Gaunt. Don Kepler, service man, charged that there was "definite deteriora- tion" of the product in 1934. He said that U. S. tubes were one per cent defective compared to 17 per cent in Canadian tubes. Funkhouser Counsel In FCC Air Quiz Washington, Dec. 6. — Appoint- ment of S. King Funkhouser of Roanoke, Va., as special counsel for the monopoly investigation was dis- closed today by the F. C. C. Funk- houser has been engaged in general practice for many years and was at one time in the legal department of the National Recovery Administration. The commission also announced the appointment of William Koplovitz, of St. Louis, to the position formerly held by William J. Dempsey, who be- comes general counsel under the McNinch purge. Koplovitz has been acting general counsel for the Federal Power Commission and is one of a number of the staff taken from that body by McNinch, himself formerly head of the Power Commission. Plea of CBS To Eden Wins Airing of Talk By the intervention of Anthony Eden, to whom CBS made a personal appeal by ship-to-shore telephone^Jiat network has been able to obtaP lie right to broadcast part of the National Association of Manufacturers dinner, Friday, along with NBC and Mutual. CBS was definitely out of the pic- ture until the plea to Eden, aboard the Aquitania was made. It is under- stood that Eden, thereupon, cabled the N.A.M. to the effect that if his speech was to be broadcast, he thought it should be done impartially, by all. When NBC and Mutual made their announcement on the N.A.M. -Eden broadcast, CBS was unable to make any statement, because NBC and Mu- tual apparently had obtained exclusive privilege on the broadcast. The CBS part of the broadcast will be from 10:30 to 11 P. M., while NBC and Mutual will be on from 10-10:30 P. M. CBS can't go on with the Eden speech at 10 P. M. be- cause "Grand Central Sketches," a regular Friday night commercial, in- terferes. Cable Cut, Charges Montreal Mayor Montreal, Dec. 6. — Former Mayor Camillien Houde, whose radio cam- paign speech for reelection last night was interrupted by a breakoff, charges that a cable to the studios of CHLP from the meeting hall was cut. Tech- nical officials at the studios and tele- phone repairmen insist, however, that the breakoff was purely an accident. Houde claims the cable was cut by political opponents to keep him off the air. Dickson to Replace Eddy Donald Dickson, according to re- ports, is to replace Nelson Eddy as the featured vocalist on the Chase and Sanborn show on Feb. 5. The Newsreel Parade Ending of the 60-year career of New York's 6th Ave. "L" captures the newsreel spotlight in the new issues, out yesterday. Notre Dame vs. U. S. C. climaxes the season's football games. The reels and their contents follow: MOVIETONE NEWS, No. 25— Arabs rise in Palestine. Devil's Island in France. Dooming of 6th Ave. "L." Chamberlain rind Lord Halifax sail for France. Egypt's King Faruk announces birth of first child. Franco pays homage to de Rivera. King Leopold visits Armsterdam. Kemal Ataturk buried in Turkey. Repair old toys for poor children. Costume ball in Akron. Lew I^ehr. Navy boxing. U. S. C. beats Notre Dame. NEWS OF THE DAY, No. 223— Convicts arrive at Devil's Island. Belgium King visits Amsterdam. Uprisings in Palestine. Utah school bus wrecked. "L" discontinues serv- ice. Rubber costume ball. Notre Dame upset. Navy championship matches. Ski season opens in Boston. PARAMOUNT NEWS, No. 36— Society wedding. Spain bids farewell to volunteers. Turkey's Kemal Ataturk buried. Rumanian Royalty enjoys hunting. Freight train and school bus collide. Refugees construct community in Holland. Elevated railway closes. Winter sports show in Boston. Ice skating in California. Notre Dame loses RKO PATHE NEWS, No. 40— Homer Martin opposes Communism. Chamberlain and Lord Halifax en route to Paris. British soldiers maintain peace in Palestine. F.C.C objects to Government censorship. Societx ball in Akron. Indoor ski show. U. S. C upsets Notre Dame. Titterbug jamboree. UNIVERSAL NEWSREEL, No. 725— "L" doomed. Bus and train crash in Utah. Chamberlain and Lord Halifax sail for Paris. Japanese settle in Hankow. Johnny Jones spans continent. First annual rubber ball. Colonel Price leaves China. Boston sports show. Football games. Dodgers Set Deal For Airing Games Consummating a move which has been freely predicted in radio and sporting circles the last six months, the Brooklyn Dodgers baseball club yesterday, through its general manager Larry MacPhail, now in New Or- leans, announced completion of a two- year deal for the airing of the club's home and road games under joint sponsorship of General Mills Co., and Socony Vacuum Co. The action of the Dodgers abrogates a long standing agreement among the Yankees, Dodgers, and Giants clubs. It is considered a certainty now, in the light of the Brooklyn club's action, that the managements of the Yankee and Giant clubs also will sign agree- ments for commercial sponsorship of descriptions of their games. It is understood that the Dodgers will be paid $1,000 a game by the co- sponsors, or about $77,000 for the season. It is not known which, if any, of the three major networks will broadcast the games, for the possi- bility still exists that a special network of independent stations may be formed for the games. NBC to Help Salute New A. P. Building Dedication of the new Associated Press Building will be saluted by NBC in a special program on the Blue network Christmas Day, from 1 to 2 P. M., with dramatizations of the leading stories of the past year, and as a special feature, dramatiza- tions of highlight stories of the last century. Byron Price, executive news editor of AP, will speak. Stories of the past century to be dramatized include the founding of the AP, assassination of Abraham Lin- coln, Custer's last stand, sinking of the Maine, San Francisco earthquake, and the World War. to the Picture Industry MOTION PICTURE DAILY 44. NO. 112 NEW YORK, THURSDAY, DECEMBER 8, 1938 TEN CENTS One Big Union Plan of 4-A's Is Premature Gillmore Says They Must Set House in Order Efforts to go forward with plans for "one big union" for the Association 1 of Actors and Artistes of America at I the present time would be "premature," II Frank Gillmore, president, declared ' after an executive board meeting yes- 8 terday. The meeting was called prin- ' cipally to allow Kenneth Thomson, executive secretary of Screen Actors' Guild, to meet with other 4-A repre- sentatives for the mutual exchange of information. "We must first set our present : house in order," Gillmore pointed out, "before going forward with plans for i consolidation. The present organiza- | tion plans of the American Federation of Radio Artists, and the American , Guild of Musical Artists are occupy- ing our full attention at the present time." Principal stumbling block still re- i mains the loss of dues in the event of {Continued on page 8) Epes Sargent Dies; Won Note as Critic Epes Winthrop Sargent, 66, vet- eran chronicler of theatrical news, died Tuesday night at midnight at his home, 1466 East Ninth St., Brooklyn. According to a letter of funeral in- structions he left for his wife the fu- neral services, which will take place at the Sargent home Friday night, will consist of the Masonic rites, a simple prayer and cremation. Sargent began his career in the the- atre as an usher in Pat Harris' Wash- ington Bijou. His first job in New (Continued on pane 8) Mamlok Files Suit Against "Mamlock" Suit was filed yesterday in the N. Y. Supreme Court by Hans J. Mamlok against Amkino Corp., Levrad Amuse- ment Co., Inc., Charles S. Levin, Benjamin I. Radin, Cameo Theatre Co., Inc., Leninfilm and Friedrich Wolf. The suit asks $100,000 and an injunction restraining ex- hibition of the picture, "Pro- fessor Mamlock." The plain- tiff claims violation of Sec- tion 51 of the Civil Rights Law in that his name is used in the picture and states that for 25 years he was a pro- fessor in Berlin and a dental authority. Chase Disposes of 50,200 20th-Fox Shares in October Washington, Dec. 7. — Disposition in October of 50,200 shares of 20th Century-Fox common stock by the Chase National Bank in a series of transactions extending throughout the month was reported today by the Se- curities and Exchange Commission in its monthly summary. As a result of the sales, the volume of the stock still held by the bank was reduced to 287,- 158 shares. The Chase National Bank also dis- posed of 10,000 shares of the film company's $1.50 cumulative preferred stock, reducing its holdings to 671,916 shares. Other transactions in 20th Century-Fox stocks included the ac- quisition of 100 shares of common by Sidney R. Kent, bringing his holdings to 3,455 shares, and disposition of 10,000 shares of common by Darryl F. Zanuck, reducing his holdings to 132,130 shares. The report showed (Continued on page 8) Extension of Rome Decree Given to Only 4 Companies Rome, Dec. 7. — First official exten- sion of the effective date of the Ital- ian film monopoly decree from Dec. 31 to June 30 has been proffered to the distribution agents here of United Artists, RKO, Universal and Colum- bia, only. Under the terms of the extension, these Italian agents either must ad- here to the E. N. I. C. monopoly regulations at the end of the six months or liquidate their distributing organizations. Under this procedure, such distributors eventually would have to sever their connections with the four - American companies which they now represent, join the state monopoly and handle whatever films E. N. I. C. gives them to distribute. (Continued on page 6) GOVERNMENT PAT ON DIVORCEMENT 20th-Fox Handling GB Sales, Booking In United States Under plans now being discussed, 20th Century-Fox may take over the handling of all Gaumont British busi- ness, in America. This appears to be in line with the policy of the 20th Century-Fox firm to extend its co- operation and aid to the British com- pany. The move, which is being talked of, is in the interest of G.B. economy, and assures the continued distribution of G.B. films, over here. By this prospective undertaking, G.B. product will not only be booked by 20th Century-Fox but 20th Cen- tury-Fox also will distribute and handle the sales of G.B. films, here. Physical distribution and booking of G.B. films already is handled through 20th Century-Fox, so that the han- dling of the sales end additionally will not prove complex. At the same time, the move will link the two firms more closely. There will be several G.B. films released through 20th Century-Fox, under the new plans. 'Pygmalion' Benefit Attracts Notables Society notables and industry lead- ers mingled with personalities of the show world at the brilliant opening of "Pygmalion" at the Astor last night. The premiere was one of the most impressive outpourings of distin- guished citizenry. They came in re- sponse to the appeal of Nicholas M. (Continued on page 6) Is a Star's Publicity Overtime? Coast Asks Hollywood, Dec. 7. — Effect of the new 48-hour-week players' contract on publicity operations was discussed at a meeting today of studio publicity directors and Screen Actors Guild. Procedures were outlined for handling- interviews, still poses, personal ap- pearances and other publicity activ- ities within the limits of the new work week. Radio — Page 9 Trade Program Without Divorcement Held No Compromise Washington, Dec. 7. — There must be divorcement of production from ex- hibition. This is the government atti- tude. It is inflexible. Also it was indicated that the trade practice reform program will not be considered in connection with the anti- trust suit, except were it also to in- clude divorcement. It has been pointed out that the department considers the trade practice program purely intra- industry and that it is a move which has not yet been given approval of all the interests in the industry. Officials of the Department of Jus- tice have looked over the trade prac- tice draft, but otherwise will not give it official notice, since it will have no bearing on the anti-trust suit in New York. It was admitted that the trade practice program was sent to Wash- ington without any intimation that it was a compromise effort in any sense on the suit by the defendants. Final Action in Six Weeks? Final agreement on an industry trade practice program may not be had until late in January, at the earli- est, and, in the meantime, vital changes in the tentative draft prepared by the distributors' negotiating committee which is now being studied by ex- hibitor organizations, are almost cer- tain to be made. Ed Kuykendall, M.P.T.O.A. presi- dent, made known yesterday that final (Continued on page 8) WPA May Drop Play Satirizing Industry Chicago, Dec. 7. — John Mc- Gee, director of the Federal Theatre for the Midwest has resigned to engage in a pri- vate enterprise. McGee, co- author of "Horse-Opera" was a leading factor in the plans of the local group to produce the play which was to have been a satirical "expose" of Hollywood and the film in- dustry. Plans for the production, which was to have been readv for the Dublic by February, may be dropped as far as the Federal Theatre is concerned, as it does not own the play, it is reported. MOTION PICTURE DAILY Thursday, December 8, 1938 « Purely Personal ► T OSEPH BERNHARD, general *-» manager of Warner Theatres, left last night for Cleveland, where he will address the Ohio zone men today. Harry Goldberg, circuit advertising manager, accompanied him. • Dr. Herbert T. Kalmus is back in New York from the coast and plans to sail for England Dec. 17 after a meeting of the company's board next week. • Ed Kuykendall, M.P.T.O.A. pres- ident, will leave New York tomorrow evening for Memphis. He goes to his home at Columbus, Miss., fforri there. • Hal Sheridan, manager of Tri- States' Paramount in Cedar Rapids, la., sponsored the couple who won locally in the "Great Waltz" contest. • Gabriel Pascal, producer of "Pygmalion," is sailing for New York on the Queen Mary, scheduled to ar- rive here Dec. 15. • Ed Schnitzer, Warners' eastern district manager, is due back the end of this week after a brief stay at the Buffalo branch. a Walter Reade, Jr. of Walter Reade Theatres is expected to return tomor- row or Saturday after a tour of up- state theatres. • Sam Goldstein of Guaranteed Pic- tures returns tomorrow on the Wash- ington from a two-month business trip to Europe. • Herbert Wilcox and Anna Neagle will arrive in New York from the coast tomorrow en route back to London. • W. G. Van Schmus, managing director of the Music Hall, is due back from the coast tomorrow. • Norman Z. McLeod has arrived in New York from the coast for a short vacation. • Leo Spitz, RKO special counsel, left New York for Chicago yesterday. OVERNIGHT VIA SKYSLEEPER • Board TWA's "Sky Chief" in Newark at 5:10 p.m. ..you 're on the Coast 8:24 a.m.,af terasound night's sleep in a lux- urious berth. All Skysleepers with sepa- rate lounge and sleeping compartments. TRANSCONTINENTAL & WESTERN AIR, INC. PHONE MU 6-1640 70 E. 42nd St., New York. Or Air Travel Desk, Lobby, Penn. Station— any hotel, telegraph office or travel bureau. THE ROUTE OVER THE Insiders9 Outlook DUE to the apprehension of officials of the Department of Justice that the public will mistake the delays caused by tactical moves of the major com- panies, defendants in the pending anti-trust suit, as the government's unwillingness to prosecute an im- portant industry, may compel the Government to ask the courts to crack down on the defendants and help bring the case to an early trial in January. This reaction in the Depart- ment of Justice has not been less- ened by Samuel Goldwyn's em- ployment of James Roosevelt, even though the Goldwyn com- pany is not a part of the suit. It is the feeling within the department that the companies are deliberately employing dila- tory tactics to put off the suit. It has been made clear that the department wants the suit to go to trial in January and will not willingly agree to any further delay. Officials of the department feel that the defendants are "stalling." The latter were given a 90-day extension on top of 30 days which had been provided for filing answers to the Govern- ment's complaint, and then they set up three different bills of particulars, each with many items. All that the department has asked for is 10 days to go through the mass of files and pre- pare a response. But the compa- nies sought another 60 days to prepare their answers. T ▼ Independents also have been quietly conferring with Depart- ment of Justice officials, in Washington, on anti-trust mat- ters. Most recent theatre na- bobs to visit the Capital for this purpose have been Harry Brandt and his attorney, Milton Weis- man. They visited with Paul Williams, assistant U. S. Attor- ney General. T T "I need hardly say how much I sympathize with the present bitter plight of the German refu- gees for whom the proceeds of this premiere, ('Pygmalion') are being devoted." These are the words of George Bernard Shaw, cabled to Nicho- las N. Schenck, president of Loew's. T ▼ Staging of Max Cohen's N. Y. Allied unit's convention in Buf- falo early this week is viewed in the trade as the opening sally in a campaign to win members up- state from the M. P. T. O. of Western New York, an M. P. T. O. A. affiliate which is one of the oldest exhibitor organizations in existence. Cohen's unit has made no no- ticeable impression on exhibitor ranks in the Buffalo area, the stronghold of the M. P. T. O. organization, since Allied came into New York. Trade sees the Allied Buffalo convention as set- ting the stage for Cohen's at- tempted invasion of the area: if the Buffalo exhibitors won't come to Allied, he'll bring Allied to them. E. Thornton Kelly, secretary of the unit, is continuing a mem- bership drive upstate and expects to remain in the Buffalo area un- til Christmas. The unit claims to have lined up about 70 upstate members in recent weeks. ▼ ▼ United Artists, no doubt, soon will indicate whether there has been any change in the position of Charles Leonard, studio adver- tising contact. Leonard came to United Artists from Universal, serving both well. Loew's Suit Delays Directors9 Meeting Scheduled meeting • of the Loew directors yesterday was postponed indefinitely because of the attendance of company officials at the Loew mi- nority stockholder suit under way in the N. Y. Supreme Court. Bernard Reis, accountant, con- tinued his testimony at the trial yes- terday. He described a contract made between the Allied Owners and Para- mount Famous Players Lasky under which three theatres were to be erected in Brooklyn for Loew's. At completion, the contract provided, Loew's was to have the the option of either paying $9,000,000 in cash or $14,000,000 over a period of IS years and that Loew's exercised the latter option. Trial was adjourned at noon yester- day and Sidnev R. Kent, 20th Cen- tury-Fox president, will take the stand on behalf of the defendants today. British Trade May Reduce Clearance London, Dec. 7. — Regulation of "unfair" clearance schedules loomed as a possibility when both the Cinemato- graph Exhibitors Association and the Kinematograph Renters Society agreed at a joint meeting today that over- long clearance is harmful to both ex- hibitor and distributor. K. R. S. promised it would give consideration to means of correcting clearance abuses but warned that ef- fective action depended upon com- plete unanimity of exhibitors and dis- tributors. Kenneth Nyman, C.E.A. president, challenged the distributors as to whether or not they had the "courage and ability" necessary to im- pose sanctions against the major cir- cuits. The Films Council has asked the C. E. A. to consider supplying it with statistical information for its guidance in proceeding further in the matter. Para. Board Votes Quarter Dividends Usual quarterly dividend of $1.50 per share on Paramount first pre- ferred stock and 15 cents per share on the second preferred was voted by the company's board of directors yes- terday. Dividends are payable Dec. 24 to holders of record on Dec. 16.,^ Directors' meeting lasted only ^ minutes, one of the briefest held at Paramount for months. Adolph Zukor, board chairman, and E. V. Richards of New Orleans, whose appearances at board meetings have been infre- quent, attended the session yesterday. 20th Cent.-Fox Group Heads West Today Division Managers William Suss- man, William J. Kupper and W. C. Gehring, head the 20th Century- Fox home office delegation leave to- day for studio meetings next week. Attending the sessions, in addition to distribution executives, will be Darryl F. Zanuck, Joseph M. Schenck, William Goetz and Sol Wurtzel. S. R. Kent, president, leaves tomorrow. Herman Wobber, general sales manager, is already on the coast. Others in the New York delegation will be J. P. O'Loghlin, Kent drive leader ; William J. Clark, Jack Si- chelman, Martin J. Moskowitz, Jack Bloom, Charles E. McCarthy, Roger Ferri, Harry H. Buxbaum, Joseph J. Lee. District Managers Edgar Moss of Philadelphia and Tom H. Bailey, of Boston, also leave from here. George A. Roberts, district head at Cleveland, will join the party en route, as will District Managers Harry C. Ballance, Morton A. Levy, Clyde W. Eckhardt and Ward E. Scott. Delay Marquee Hearing Hearing before the Mayor on the Keegan bill to fix the size of mar- quees at nine feet instead of two was adjourned indefinitely yesterday. In- stead, the Board of Estimate will act on the bill this morning at 10 :30. Film representatives, who were pres- ent yesterday, may request a hearing at the Board's meeting today. MOTION PICTURE DAILY (.Registered U. S. Patent Office) MARTIN QUIGLEY, Editor-in-Chief and Publisher; SAM SHAIN, Editor; JAMES A. CRON, Advertising Manager. Published daily except Saturday, Sunday and holidays by Quigley Publishing Com- pany, Inc., Martin Quigley, president; Colvin Brown, vice-president and treasurer. Publication office: 1270 Sixth Avenue at Rockefeller Center, New York. Telephone: Circle 7-3100. Cable addresss: "Quigpubco. New York." All contents copyrighted 1938 by Quigley Publishing Company, Inc. Address all correspondence to the New York office. Other Quigley publications : Motion Picture Herald, Better Theatres, Teatro al Dia, International Motion Picture Almanac and Fame. BUREAUS: — Hollywood: Postal Union Life Building, Vine and Yucca Sts.; Boone Mancall, manager; William R. Weaver, editor. Chicago: 624 S. Michigan Ave., C. B. O'Neill, manager. London: 4 Golden Square, W. 1: cable address, Quigpubco, London; Hope Williams, manager. Entered as second class matter Sept. 23, 1938, at the post office at New York, N. Y., under the act of March 3, 1879. Subscription rates per year $6 in the Americas and $12 foreign. Single copies 10c. THE BOYS HAVE A LOT TO CELEBRATE! Four Daughter with Dirty Fao Angels witn (In Technicolor!) £. ^ t ft** The ^n ^ . . SO THEY'RE ALL NEW YEAR'S EVE! G'mon Alonz! 4 Warner Bros.' A Cosmopolitan Production With a Big Cosmopolitan Newspaper Campaign! Starring DICK POWELL ANITA LOUISE RONALD REAGAN Allen Jenkins • Walter Catlett Harold Huber „ Scoop • Directed ^ fto-M- 3etr* „ plaV b^ , „ . Based Songs of the Best! (By the writers of 'Girl Friend of the Whirling Dervish', Warren and Mercer) 'Say It With a Kiss' 'Jeepers Creepers' • 'Mutiny in the Nursery' Direct- j-tc^-^ „ play ^ , „ • Based llooo tn . and " CoWier, Sr. Thursday, December 8, 1938 MOTION PICTURE DAILY 'Angels' L. A. Take $29,000 In Two Houses Los Angeles, Dec. 7. — "Angels With Dirty Faces" led the town with , -^16,500 at the Warner Downtown and ^H2,500 at the Warner Hollywood, for a total of $29,000. "Citadel" was strong at the 4 Star with $5,539. "That Certain Age" and "Swing That Cheer" took $8,300 at the Hill- street and $7,400 at the Pantages. Estimated takings for the week end- ing Dec. 7: "The Young in Heart" (U.A.) "Always in Trouble" (ZOth-Fox) CHINESE— (2,500) (30c-75c) 7 days. Gross: $10,694. (Average, $12,500) "Citadel" (M-G-M) 4 STAR— (900) (40c-55c) 7 days, 3rd week. Gross: $5,539. (Average, $3,250) "That Certain Age" (Univ.) "Swing That Cheer" (Univ.) HILLSTREET— (2,700) (30c -65c) 7 days, 2nd week. Gross: $8,300. (Average, $6,500) "The Young in Heart" (U.A.) "Always in Trouble" (Zttth-Fox) LOEWS STATE— (2,500) (30c-75c) 7 days. Gross: $12,393. (Average, $14,000) "That Certain Age" (Univ.) "Swing That Cheer" (Univ.) PANTAGES— (3,000) (30c-65c) 7 days, 2nd week. Gross: $7,400. (Average, $7,000) "Dark Rapture" (Univ.) PARAMOUNT — (3,595) (30c-65c) 7 days. Stage: F. & M. revue, Rube Wolf and his orchestra. Gross: $13,000. (Average, $18,000) "Angels With Dirty Faces" (F.N.) WARNER BROS. (HOLLYWOOD) — (3,000) (30c-65c) 7 days, 2nd week. Gross: $12,500. (Average, $14,000) "Angels With Dirty Faces" (FJJ.) WARNER BROS. (DOWNTOWN) — (3,400) (30c-65c) 7 days, 2nd week. Gross: $16,500. (Average, $12,000) 'King' Dual With 'Memory' Detroit Best at $14,000 Detroit, Dec. 7. — The Michigan, with "If I Were King" and "Thanks for the Memory," took $14,000. "Just Around the Corner" at the Fox, plus a stage show, did $20,000. The United Artists, featuring "Out West with the Hardys," took $10,000. Estimated takings for the week end- ing Dec. 2 : "You Can't Take It With You" (Col.) ADAMS — (1,700) (15c-40c) 7 days. Gross: $4,000. Average, $5,000) "Just Around the Corner" (20th-Fox) FOX— (5,000) (20c-65c) 7 days. Stage: Horace Heidt, Happy Joe Gentile, Toby David and Jeannie Gustaf. Gross: $20,000. (Average, $20,000) "If I Were King" (Para.) "Thanks for the Memory" (Para.) MICHIGAN— (4,000) (20c-6Sc) Gross: $14,000. (Average, $10,000) "Girls on Probation" (W. B.) "In Old Mexico" (Para.) PALMS -STATE— (3,000) (15c -50c) 7 days. Gross: $5,000. (Average, $5,000) "Out West with the Hardys" (M-G-M) UNITED ARTISTS — (2,000) (20c-50c) 8 days. Gross: $10,000. (Average, $10,000) 8 days. Mooney Names McManus Cleveland, Dec. 7. — Milton A. Mooney, head of Cooperative Thea- tres of Ohio, has appointed H. E. McManus as one of his bookers. Sid- ney Cohen is the other booker. Mc- Manus was formerly manager of the Allen, Akron, where he has been suc- ceeded by E. E. Blanc. Hollywood Preview His Exciting Night (Universal) Hollywood, Dec. 7. — Risible comedy, with three top-notch funmakers, Charlie Ruggles, Maxie Rosenbloom and Stepin Fetchit, is the essence of "His Exciting Night." In addition to providing lots of amusement for average audiences, the show provides exhibitors with a wealth of exploitation material. All that happens is the result of a prank, partly serious but generally hilarious in conception, played on a groom on his wedding night. Terrorized by his boss, Richard Lane, Ruggles dreads more his prospec- tive aunt-in-law Georgia Caine. He is easy prey for a stunt that will leave him alone with his bride, Ona Munson, on their marriage night. But the plan goes awry when he and Marion Martin, a blonde who has been hired to show him up as a philanderer, are kidnapped by taxi driver Benny Baker. The pair escape a near tragedy only to be con- fronted with one more menacing when Rosenbloom, a dumb strong man, who doesn't quite understand what its all about, comes looking for his wife, Miss Martin. The situations established are amusingly de- veloped as Ruggles gets out of his predicament after the manner of a timid lamb turned roaring lion. Based on a story by Katherine Kavanaugh, the screen play prepared by Pat C. Flick, Edward Eliscu and Morton Grant is deft. Gus Meins directed. It should serve well where laughter is appreciated. Running time, 55 minutes. "G."* G. McC "El Trovador de la Radio" ("The Radio Troubador") {Paramount) Hollywood, Dec. 7. — Second of Paramount's all-Spanish productions starring Tito Guizar and first to be produced by Dario Faralla, "El Trovador de la Radio" can be ranked among the best to come from Hollywood in this particular field. A musical melodrama, it strikes a bull's eye in the market at which it is aimed — the ever-widening Spanish mart. It introduces as a leading lady Robina Duarte, erstwhile night club singer, who with Guizar, is supported by Tana, Paul Ellis, Paco Moreno, Barry Norton, Carlos Villarias, Lucio Villegas, Martin Garralaga, Jose Pena Pepet, Sarita Wooton, Luz Segovia, Mario Borello, Helen Mar- tinez, Rosita Granada, and El Charro and his Caporales. Richard Harlan directed the picture and on the basis of this, was signed to direct the following three. The screenplay was written by Arthur Vernon Jones with Spanish dialogue by Gabriel Navarro. It was based on a story by Bernard Luber and Nenette Noriega. Guizar sings five songs written by himself, Nenette Noriega and Rafael Gama. Guizar, a radio singer, has his love for a nurse frustrated by his thieving secretary. Confronted with her pilfering, the secretary poisons Guizar, causing him to lose his voice. In the strain of emotional excite- ment caused by the denouement, he regains it. Running time, 60 minutes. "G."* Vance King "The Last Warning" (Universal) Hollywood, Dec. 7. — Good characterizations, glib dialogue, provoca- tive situations, and all the mystery that anyone could desire establish "The Last Warning" as one of the best of the "Crime Club" series. It's a comedy crime melodrama that challenges solution. With Preston Foster and Frank Jenks featured as a pair of playboy detectives who would rather pay attention to the girls than the job for which they were hired, as the focal points of interest, Joyce Compton, Kay Linaker, E. E. Clive, turn in support performances that seldom permit attention to go wandering off onto other subjects. A mysterious character, "The Eye," threatens socialite Parker and his sister, Miss Robinson. Foster and his stooge, Jenks, are called in to see what they can do about ferreting out the menace. But there are a lot of bathing-suit clad girls, especially Miss Compton and Miss Linaker hanging around the swank mansion. Meanwhile, couple of murders are committed, Miss Linaker is mysteriously slain, and Miss Robinson kidnapped. But, giddy as Foster is, he is not so dumb and nabs the real criminal. The picture is based on Jonathan Latimer's "Crime Club" novel "The Dead Don't Care." The screenplay was by Edmund L. Hartman and Al Roger directed. Running time, 62 minutes. "G."* G. McC. *"G" denotes general classification. 'Angels' High In Loop with $41,000 Take Chicago, Dec. 7. — "Angels With Dirty Faces" made a clean sweep in the Loop, grossing an excellent $41,- 000 and holding at the Chicago. "Just Around the Corner" gave the Apollo a neat $6,800. "Road to Reno" scored $16,500 at the Oriental. Business elsewhere was just fair. The weather was unsettled most of the week and rather cold. Estimated takings for the week end- ing Nov. 29-Dec. 3 : "Around the Corner" (2flth-Fox) APOLLO— (1,400) (3Sc-55c-65c) 7 days. Gross: $6,800. (Average, $6,500) "Angels With Dirty Faces" (W. B.) CHICAGO— (4,000) (35c-55c-75c) 7 days. Stage: Clyde Lucas and Band. Gross: $41,- 000. (Average, $32,000) "Men With Wings" (Para.) GARRICK— (900) (30c-40c-50c) 7 days. Gross: $5,000. (Average, $6,500) "Road to Reno" (Univ.) ORIENTAL— (3,400) (25c-30c-40c) 7 days. Stage: Vaudeville Revue. Gross: $16,500. (Average, $13,000) "Hard to Get" (W. B.) PALACE— (2,500) (35c-55c-75c) 7 days. Stage: Dizzy Dean and Revue. Gross: $18,- 000. (Average, $19,000) "Submarine Patron" (20th-Fox) ROOSEVELT— (1,300) (35c-55c-75c) 7 days, 2nd week. Gross: $9,500. (Average, $11,000) "Great Waltz" (M-G-M) UNITED ARTISTS— (1,700) (35c-5Sc-75c) 7 days, 2nd week. Gross: $13,000. (Average, $15,000) 'Great Waltz' at $17,000 Leads the Way in Washington Washington, Dec. 7. — -"The Great Waltz" at Loew's Palace was the lo- cal leader with a gross of $17,000. 'Angels With Dirty Faces" was not far behind at $21,000 at Warners' Earle. Most of the other downtown attrac- tions failed to show a profit. Estimated takings for the week ending Dec. 1 : "There Goes My Heart" (U.A.) LOEW'S CAPITOL— (3,434) (25c-65c) 7 days. Stage: Romo Vincent, Buck O'Neill. Gross: $15,000. (Average, $16,500) "Just Around the Corner" (ZOth-Fox) LOEW'S COLUMBIA— (1,243) (25c-40c) 7 days. Gross: $3,000. (Average, $4,200) "The Great Waltz" (M-G-M) LOEW'S PALACE— (2,370) (25c-55c) 7 days. Gross: $17,000. (Average, $11,500) "Peck's Bad Boy" (RKO-Radio) RKO-KEITH'S — (1,836) (25c-40c) 7 days. Gross: $7,500. (Average, $10,000) "Angels With Dirty Faces" (W.B.) WARNERS' EARLE— (2,218) (25c-66c) 7 days. Stage: Patricia Norman, Earle Roxy- ettes. Gross: $21,000. (Average, $16,000) "Girls' School" (Col.) WARNERS' METROPOLITAN — (1,591) (2Sc-40c) 7 days. Gross: $4,000. (Average, $4,000) Film Council Formed Denver, Dec. 7. — Motion Picture Council of Denver, organized with Campton Bell as president, plans to recommend better films to member bodies, among which are the Parent- Teacher Association, Denver Women's Press Club, National Council of Jew- ish Women, National Council of Catholic Women and the Denver Council of Church Women. MOTION PICTURE DAILY 6 'Pygmalion' Draws Many Notables to Benefit Opening (Continued from page 1) Schenck, president of M-G-M, who sponsored the special showing for German refugee relief. Those attending, in lieu of paying for the tickets, were invited to con- tribute voluntarily, the proceeds go- ing to succor the victims of the Nazis. The response was generous. Among those listed as attending were Theodore Roosevelt, Jr., Walter Dam- rosch, Herbert Bayard Swope, Alice Duer Miller, E. B. Hatrick, Ira Nel- son Morris, Grover Whalen, Stanley Rinehart, Noel Coward, Harry F. Guggenheim, Sidney Howard, Guthrie McClintic, Robert E. Sherwood, George S. Kaufman, Max Gordon, Katharine Brush, Moss Hart, Rich- ard Rodgers, Lee Simonson, Arthur Schwartz, Clifton Webb, George Ab- bott, Lee Shubert, Pauul Block, Sam H. Harris, Milton Diamond, Lorenz Hart, Leopold Friedman, Oscar A. Doob, Nicholas M. Schenck, Richard Jaeckel, Arlina Clayburgh, J. S. My- rick, David Blum, Mrs. Alfred P. Parker, Judge I. Frey, Fred A. Muschenheim, Byron C. Foy, Major Edward Bowes, Martin Beck, William R. Ferguson, Si Seadler, Maurice Newton, C. C. Moskowitz, Clarence Dillon, Morton A. Spring, William B. Murray, Raymond Ives, John E. Otterson, H. Content, Edward M. Warburg, Sherman M. Fairchild. British Censors Bow To Pressure, Charge London, Dec. 7. — Subject of film censorship was revived by Parliament again today with the allegation being- made that the conservative Central Office is not disinterested in the mat- ter of restriction of some screen mate- rial. The protest was raised that cen- sorship is consistently used against the opposition. The board of censors came in for criticism as an unofficial body of allegedly moral guardians but not above acting politically. The recent Paramount Newsreel incident, various March of Time reels, the Indian mutiny picture and many sequences criticizing Fascism and Naziism were cited among the material cut or altered allegedly as a result of Gov- ernment pressure. Some spokesmen countered that the film trade had only itself to blame for bowing to dictation in political mat- ters, and deplored the lack of a "Hays organization" here. The withdrawal of the Paramount reel was cited as "a great service to peace," however. Sir Samuel Hoare, Home Secretary, replying to the charges, categorically denied allegations of Government in- fluence in censorship, again admitting, however, that the Government had called Ambassador Joseph P. Ken- nedy's attention to the Paramount film which was shown on the most critical day of the recent crisis. RKO Up Tomorrow Federal Judge William Bondy has set tomorrow as the date for a hearing in the RKO reorganization proceed- ings. Minority stockholders will be required to show cause why physical presen- tation of stock certificates should not be waived in con- nection with the filing of con- sents. The hearing will be held at 5 P.M. in Judge Bondy's chambers. 4Hardys' Loew's Holiday Booking Loew's circuit in the metropolitan area has set up its holiday bookings so that "Out West with the Hardys" will play "across the board" without the normal clearance between runs. The picture starts at the Capitol to- day. On Dec. 22 it will go into the first group of Loew houses and a week later into the second, stretching over the Christmas and New Year's dates. For normal purposes, the circuit is di- vided into four or five different runs with clearance of one to two weeks between. Loew's, however, claims that a simi- lar booking method is adopted for other pictures, depending on what is available for the circuit. Thus, "The Great Waltz," which closed last night at the Capitol, goes into all Loew first runs, except the Metropolitan in Brooklyn, on Dec. IS. This is a week's wait instead of the usual two weeks. G. N. Withdrawal of Common Is Approved Washington, Dec. 7. — Withdrawal of Grand National registration for its $1 par common stock, effective at the close of trading Dec. 9 was granted to- day by the Securities and Exchange Commission. Commission explained that the ac- tion was sought for the reason, among other things, that the company is a debtor in procedings under 77-B ; has ceased to exist except as corporate shell, and trading in its common stock on the New York Curb Exchange has been very slight. Patricia Ellis at Ampa Patricia Ellis of the cast of "Frankie," which is shooting at As- toria, is scheduled to appear at the Ampa luncheon at the Astor today. William K. Howard, pioducer of the film, will speak. John Walker, the film's production manager, also will be present. Open "Winds" in Phila. "Trade Winds" will have its world premiere at the Aldine, Philadelphia, Dec. 15. Fredric March, star of the picture, and Tay Garnett, producer- director, will go to Philadelphia to attend a press luncheon in advance of the opening. Cohen Joins Warners Ben Cohen, formerly with United Artists and Paramount, has joined Mort Blumenstock's eastern advertis- ing and publicity department at War- ners. Thursday, December 8, 1938 Rome Grants Extension to Only 4 Firms (Continued from page 1) This course would be necessary in order for them to remain in busine«7. in Italy and, in the meantime, to co^," tinue their distribution of the Ameri- can films which they have on hand now. No official indication has been given as to whether or not the extension will be made applicable to Loew's, Paramount, 20th Century-Fox and Warners on the same or comparable basis. Meanwhile, however, those companies have not rescinded their orders for liquidation of their branches here by Dec. 31. Home office foreign departments were without official information yes- terday on the granting of a six-month period of grace to the Italian repre- sentatives of Columbia, United Art- ists, Universal and RKO. They have been advised, however, that details of the Italian Government's proposal is being forwarded to their Continental managers in Paris and will be cabled to New York from there. Lacking official advices, none of the four com- panies would state whether or not they would consider remaining in business in Italy after Dec. 31 under the in- dicated circumstances. General industry opinion, however, is that the move by Rome is probably a strategical maneuver to break the solid opposition of the American com- panies to the projected film monopoly in Italy, by encouraging the four com- panies to continue in the hope that the other four will be forced to do so by competitive factors. No indication of such a break resulting from the de- velopment was in evidence here yes- terday, however. Industry spokesmen also pointed out that if the cabled advices from Rome are correct, the procedure being fol- lowed by Italy is flagrantly discrimi- natory against the four companies which operate their own distribution systems in Italy. These spokesmen point out that the Italian subsidiaries of Loew's, Paramount, 20th Century- Fox and Warners are Italian compa- nies, organized and operated under Italian laws, and that discriminatory measures against them eventually might warrant the attention of the Italian courts and the American State Department. All such observations, however, were made on the supposition, as yet unverified, that the time extension is not intended to apply to all compa- nies. The Real Thing Oklahoma City, Dec. 7 — Guns blazed on the screen as Bill Boyd put the finishing touches to the villains in "Borderland." Then pieces of plaster be- gan falling on the audience. Manager Johnny Ryan of the Joy assured his patrons it was not gunfire but a 13- year-old boy who had been stamping on the roof. YouVe Never Seen Anything Like This! Here is something sensationally new in motion picture theatre showman* ship. Here is a plan that offers continuous, ever increasing patronage for your theatre at an unbelievably low cost. Proved principles applied to a new and revolutionary plan of selling seats at your theatre. WHAT'S IT ALL ABOUT A nation-wide radio program — a coast'to-coast club of hundreds of thousands of enthusiastic members — a raging hobby that is gaining momentum by leaps and bounds. Three great sources of untold power, harnessed to a driving force that herds the crotvds of paying patrons into your theatre. This is the first time that such a forcefid method of seat'Selling has ever been applied to YOUR theatre. YOUR OWN RADIO SHOW A gigantic campaign that will include sensational broadcasts over impor- tant coast-to-coast radio stations. Millions of your potential patrons will be within the range of these broadcasts that will cover the Nation. Every one of these programs will be, in effect, your own radio show, building up busi- ness at your box office. These broadcasts will present dramatically and entertainingly the activities of the Bob Gale Stamp Club and the new Motion Picture Stamps to be issued weekly by the club. These beauti- ful stamps, unlike any ever issued before, are not pic- tures of screen stars, but actual, striking scenes from important motion pictures. And these stamps can not be bought . . . from us or any one else; they can not be obtained for coupons or box tops. The only way any one can get these stamps (eight new stamps each week) is by going to YOUR THEATRE for them. You can't miss if you tie up your theatre with this revolutionary idea — now is the time to act — allocations are being made in order of application — Write, Wire or 'Phone today for full particulars. THOUSANDS OF LETTERS WEEKLY A most gratifying re- sponse has poured in from the very first broad- cast. Hundreds of letters arriving daily. Letters from children, boys and girls, mothers and fathers, 6 to 60, each and every one expressing enthusi- astic interest. The writers anxious to get these new, different sensational motion picture stamps, which can be secured ONLY from your theatre. This exciting, planned radio campaign will create compelling in- terest that will bring present and new patrons back to your theatre regularly each week on Motion Picture Stamp Day. BOB GALE'S 155 EAST 44th STREET STAMP CLUB NEW YORK CITY MUrray Hill 2-8560 MOTION PICTURE DAI Thursday, December 8, 1938 One Big Union Plan of 4 A's Is Premature {Continued from paae 1) consolidation of all branches. How- ever, individual branches are planning separate action to establish joint offices in cities where the overhead is a bur- den on small memberships. Agreement on Major Points Thomson, who returns to the coast tomorrow, disclosed that he had con- ferred with all eastern studio repre- sentatives yesterday and agreement on all major points in the modification agreement had been reached. As an inducement to the studios a simplified arbitration procedure will be intro- duced. Instead of an arbitration board, a committee of three will be set up consisting of one member from the union, another from the studios, and the third selected by agreement be- tween the two designated members. Although the committee will not have as broad powers as a similar committee on the coast, it is expected that minor difficulties will be obviated. Studios have complained that in minor salary disputes, arbitration has proved too expensive. The committee idea is the substitute. Denies Serious Difficulty Emily Holt, executive secretary of A.F.R.A., denied published reports that there was any serious difficulty be- tween the organization and Radio Writers' Guild, a subdivision of the Authors' League. Mrs. Holt is con- tinuing negotiations with the Ameri- can Association of Advertising Agen- cies for a contract on commercial pro- grams. An executive board meeting will be held today to discuss the situ- ation and further talks with the asso- ciation will be held in the next few days. No special significance is to be attached to the fact tha't a recent re- quest had been made to Actors' Equity for funds. This money had been pledged in October of last year, and the unpaid balance of the pledge had been asked. Efforts to obtain legislation to re lieve actors of heavy income tax bur dens will be pushed. Gillmore will discuss this with Senator Robert Wag ner when the latter returns to the city late this month. Paul Turner, coun- sel to the 4-A's, is also preparing leg- islation to remove unfair social se- curity taxes from actors' salaries. Epes Sargent Dies; Won Note As Critic (Continued from page 1) York, which marked the beginning of his career of criticism, was with the old Dramatic Mirror, for which he did a vaudeville column. The criticisms which won him no- tice under the name of Chicot began in the Sunday Mercury, now defunct. Later he joined Sime Silvermann on Variety. Thereafter he became gen eral press agent for the Proctor cir- cuit, joined the William Morris agency and about seven or eight years ago returned to Variety, where he has been since in an editorial capacity. "Spring" Opening "Spring Meeting," a com- edy by M. J. Farrell and John Perry, opens at the Morosco tonight. The play, a story of two daughters of an Irish baronet, was directed in Lon- don by John Gielgud and is still current there. It is pro- duced here by Gladys and Philip Merivale in association with Lee Ephraim and George Jessel. The cast in- cludes Gladys Cooper, A. E. Matthews, Jean Cadell, Ar- thur Shields, Shelah Richards and others. Para. Dakota Plea Extended to Jan. 5 Time for completing and filing Paramount's appeal to the U. S. Su- preme Court on the North Dakota affiliated theatre divorce law was ex- tended yesterday to Jan. 5. An ear- lier extension of the appeal period was to have expired Dec. IS. Reported here that Simpson, Thach- er & Bartlett, counsel for Paramount, Minnesota and American Amusement companies, could have completed its work by Dec. 15 but a further exten- sion was made necessary by final prep- arations for a defense of the statute by North Dakota state officials. In- dications now are that the appeal papers will be filed in the Supreme Court about the end of the month. Minority Fails to Halt Pathe Meeting Minority stockholders lost yesterday in their attempt to block the Dec. 13 stockholders' meeting of Pathe Film Corp. when dissolution of the corpo- ration will be voted upon. N. Y. Su- preme Court Justice Philip J. McCook denied a motion for a temporary in- junction. He pointed out that 80 per cent of stockholders must consent be- fore dissolution can be effected and that at least $1,000,000 in taxes can be saved. Shift Turnesa Suit Suit brought by six Turnesa broth- ers, golfers, against Pathe News, Inc., RKO and R. H. Macy & Co. was transferred yesterday from the N. Y. Supreme Court to the U. S. District Court here because of the diversity of citizenship among the parties. Plain- tiffs allege they appeared in an RKO "Sportscope" and claim they were shown using a "Power" ball, which is exploited by Macy's, and that the alleged advertising was put in without their permission. Chase Disposes of 20th-Fox Shares (Continued from page 1) that Zanuck also holds 21,946 shares of the preferred. Reports on Columbia Pictures showed that Jack Cohn disposed of 1,400 common voting trust certificates during October, reducing his holdings to 31,817; a late report for September showed that he acquired 810 certifi- cates and 13 shares of common stock in that month, bringing his holdings of the latter to 542 shares. Other reports field with the com- mission showed that Leopold Fried- man disposed of 200 shares of Loew's, Inc., common stock, reducing his holdings to 612 shares at the end of October ; Gurdon W. Wattles acquired 300 shares of Pathe common, bringing his holdings to 900 shares; Peyton Gibson acquired 400 Universal Corp. common voting trust certificates, giv- ing him total holdings of 800, and Daniel M. Sheaffer acquired 500 certificates, giving his a total of 16,- 000. Universal Corp. in September acquired 2,000 shares of Universal Pictures common stock, making its holdings 230,927 shares; the company also held 220 shares of first preferred and 20,000 shares of second preferred. Reports on the holdings of persons becoming officers or directors of cor- porations showed that Preston Davie, added to the directorate of Universal Corp. Sept. 8, last, held no securities in that company direct but through Standard Capital Co., held 26,500 com- mon voting trust certificates and 111,- 283 common voting trust certificate warrants. U.S. Suit Briefs to Capital for Study Briefs by defendants in support of motions for a bill of particulars and to strike out portions of the complaint in the Government anti-trust suit have been sent to Washington by Moses H. Lewis, assistant attorney in charge of the N. Y. office. They will be studied there and reply briefs air- mailed back for filing on Monday. Federal Judge William Bondy, who has the motions under advisement, is engaged in the criminal part of the court at present, and it is problematical when he will undertake decision of the motions. Tri-States M.P.T.O. Will Meet on Sunday Memphis, Dec. 7. — Annual conven tion of Tri-States M.P.T.O. (Missis- sippi, Tennessee and Arkansas) will open here Sunday at the Gayosa Hotel. Meeting will run for two days and will have special events to mark the opening of the Memphis Variety Club, with headquarters in the same hotel over the weekend. Ed Kuykendall, M.P.T.O.A. presi dent, and David Palfreyman of the M.P.P.D.A. are scheduled to attend. U. S. Pat On Divorcement; No Half Way (Continued from page 1) action on the draft would not be taken by M.P.T.O.A. until after furtbf;- meetings of its negotiating commi^ u had been held and the organization's board approved an ultimate draft. Several negotiating committee meet- ings may be held before the year-end but a meeting of the full M.P.T.O.A. board will not be set until January. The meeting of the negotiating com- mittee which had been scheduled for today has been called off indefinitely pending completion of study of the dis- tributors' first draft of the trade pro- gram. This coincides with the prospect of no decisive action on the program by Allied States' board of directors before mid- January. While expressing his optimism over prospects for an eventual exhibitor- distributor agreement, Kuykendall clearly indicated that he was not satis- fied with the distributors' draft as it now stands. "While the draft displays a sin- cerity of purpose in the distributors' approach," he said, "it still does not include some of the things we are insisting upon." He verified Motion Picture Daily's statement of yesterday that the M.P.T.O.A. will insist upon the program being made effective imme- diately upon completion, rather than at the start of the 1939-'40 season. Pie also indicated that the organization will insist upon changes in phraseology in the present draft and for more specific provisions for local conciliation and arbitration machinery. Kuykendall hit at unnecessary delay from any quarter in completing the program, including the submission of industry problems to the Department of Justice for its consideration. Pickett Honored in Troy on Retirement Troy, Dec. 7;— John T. Pickett bowed out of the picture business here tonight, when 75 friends tendered him a dinner at the Elks' Club. Pickett, who has been assistant to Harry Black at Fabian's Proctor for many years, is resigning to enter the insurance business. Fabian executives, Troy exhibitors and every major company branch manager from Albany's film row was in attendance. Albany group was headed by George Lofink, L. R. Gold- ing, Sid Deneau, Larry Cowan, Oscar Perrin, Alexander Sayles and Ralph Pielow, while Schenectady managers present included Joseph Shure, Phil and Louis Rapp, Richard Murphy and Robert Fox. Allied Not Satisfied Yet Fall River, Mass., Dec. 7. — Allied regards the distributors' draft of the proposed trade practice program as unacceptable and will seek further con- cessions, it is declared by Nathan Yamins, president. In a statement to Motion Picture Daily, Yamins said : "The trade prac- tice draft as submitted contains a large part but not all of the concessions that the distributor committee agreed to undertake to secure for exhibitors. "Some very important matters are not included and remain to be worked out. It would be a mistake to con- clude that the draft as submitted is acceptable to Allied' s negotiating com- mittee. "When the important matters re- ferred to have been worked out and submitted to our committee by the dis- tributor committee it will be sub- mitted to Allied's board of directors for final action with such recommenda- tions as our committee may make. "It should be clearly understood that final action rests with our board of directors." The Allied board is not scheduled to meet until Jan. 18. Thursday, December 8, 1938 MOTION PICTURE DAILY RADIO ► Radio Personals < HUDSON Hawley, formerly in charge of European offices of International News Service, has been appointed to the newly created position of news editor of the inter- r'QLonal division of NBC. . . . Another ttt-S correspondent, W. W. Chaplin, ' has begun a news series on WNEW. . . . Warner S. Shelly, recently elected vice-president of N. W. Ayer & Son, has been placed in charge of the New York office, coming here from Phila- delphia. Mel Allen and Leith Stevens go off the CBS "Swing Session" Dec. 17, to be replaced by Walter Gross as band- leader and Dan Seymour as commen- tator. . . . Art Shaw will be the guest on Buddy Clark's show Dec. 14. . . . Howard L. Hausman has joined the legal department at CBS. Baldwin Airs Plea To Canada Today Montreal, Dec. 7. — Speeches by British statesmen figure prominently on the lineup of Canadian Broadcast- ing Corp. programs for mid-December. Three will be heard in less than a week. Tomorrow afternoon Earl Baldwin, former prime minister of England, goes on the National network, his 'Appeal for Jews and Non-Aryan Christians" coming short-wave from BBC. Friday the corporation will air coast-to-coast NBC's broadcast of an address by former British Foreign Secretary Anthony Eden, before the National Association of Manufacturers in New York, and next Tuesday afternoon, Prime Minister Neville Chamberlain will be heard in Canada as he addresses the annual dinner of the Foreign Press Association in London. Donnell on Publicity For Wrigley Program San Francisco, Dec. 7. — Darrell Donnell, former Examiner radio edi- tor, has been appointed publicity director for the new RKO-Wrigley radio show, to start Jan. 8 on the CBS network. Donnell will handle contests in principal cities to select young actors with talent, in cooperation with local theatres. Winners of local contests will go to Hollywood for the finals, with a chance to appear in an RKO picture next year. It's a Sellout If anyone wants to buy spot announcement or station- break time on WHN, the waiting line forms to the right, for according to asso- ciate director Arthur Pettey, the station is now operating on a 100 per cent commercial basis on these announce- ments, with all available time sold out. Nazi Embargo Query Brings Record Mail "People's Rally," network show, recently caused) a rumpus when it asked for an opinion as to whether or not the United States should declare an embargo against German goods. It was as a result of the provocative sub- ject that WLW, Cincinnati, refused to broadcast the show. It now develops that the show drew a record mail of approximately 10,000 pieces. Eighty-one per cent of those who responded voted in favor of an embargo. Stars Pledge Aid to Screen Guild Series Carole Lombard, Jack Benny, De- anna Durbin, Robert Montgomery, Clark Gable, Jean Hersholt, Frank Morgan, Bing Crosby, Gloria Stew- art, Joan Crawford, William Powell, Paul Muni and other leading screen players have personally guaranteed that they will participate in the forth- coming Screen Actors' Guild series which is to start on the CBS net- work Jan. 8 for the Gulf Oil Co. The S.A.G. show will be one of the most elaborate regular radio series ever to be presented, for the charity angle behind the show has been a tre- mendous lure, and Hollywood is giv- ing wholehearted support, according to the local Young & Rubicam office, the agency which negotiated the se- ries. Nothing has been said offi- cially as to how much money will be paid to the S.A.G. by the sponsor, but it is learned that the fee will be a flat $10,000 a week for the first 26 weeks, with even more money forthcoming if the show continues be- yond that period. The fees in their entirety will be used by the S.A.G. to establish a fund for use in the building and maintain- ance of a home for the needy actors of Hollywood, and the construction of a hospital for the same purpose. As- sociated with the S.A.G. in the presen- tations are the Screen Writers' Guild, Motion Picture Producers Associa- tion, Screen Directors' Guild, and other industry units. Woodruff Appointed To Head Georgia Net Atlanta, Dec. 7. — James Wood- ruff, Jr., has been appointed executive director of the Georgia Broadcasting System. The network consists of WRBL, Columbus; WATL, Atlanta and WGPC, Albany, Ga. Woodruff moves up from the general manager post at WRBL, while Jack Gibney as- sumes his position as general mana- ger. WHN to Air Benefit WHN will broadcast the meeting of the Christian Committee for the Re- lief of Jewish Refugees from the Hotel Commodore today from 5:15 to 5:45 P.' M. Helen Hayes, Jack Dempsey, Vera Zorina, Attor- ney General John J. Bennett, Comp- troller Frank J. Taylor and Assistant Attorney General Martin McLaughlin will be among the speakers. Discarding of FCC Denied by McNinch Washington., Dec. 7. — Published stories that legislation is being drafted for a three-man board to supersede the FCC were formally denied today by Chairman Frank R. McNinch as "utterly without foundation." McNinch charged the "misinforma- tion" must have come from a source "desirous of sabotaging the commis- sion's work and seeking to discredit functional reorganization which is bringing about much more effective administration of the communications act." One article stated that McNinch was dissatisfied with the present set- up and was backing legislation for a three-man board operating under larger quasi- judicial board as means of eliminating friction between pres- ent members. Stein Leaving Time Aaron Stein, who left the Nezv York Post some months ago to be- come Time Magazine's first radio edi- tor, is leaving, and probably will de- vote himself to writing mystery novels. He is the author of several such books. His successor has not been chosen, but it is believed the post will be filled from within the Time staff. Gilman Returns West Don Gilman, NBC vice-president on the west coast, left New York yester- day to return to California after spending a few weeks in the east. NBC denies reports Gilman is to be transferred to the New York office. Wage-Hour Ruling Puts Broadcasting Stations Under Law Washington, Dec. 7. — Broadcast- ing stations are not "service establish- ments" exempt from wage-hour provi- sions of the fair labor standards act, it was held today in a ruling by the gen- eral counsel's office of the Wage- Hour Division. Admitting that stations perform "service," the ruling holds it is not the type of service intended by Congress to be exempt from the act, in that they do not render service to the ultimate consumer in intrastate commerce. Industry Gets Peek At Radio Attractions Radio Attractions, Inc., made its bow to the industry yesterday at the Waldorf with an audition of its record- ings. The company, headed by Her- bert R. Ebenstein and George W. Brandt, son of William Brandt, local theatre operator, specializes in the pro- duction and distribution of recorded program series. The first, "Fu Manchu," is being re- leased to stations, and subsequent ones will be "Ella Cinders" and "Hop-a- Long Cassidy." The company plans to distribute six series a year, on a plan similar to the release of films to theatres, Ebenstein drawing from his experience as a former film execu- tive in arranging the plan. Production is by Fields Bros, on the Coast. history . . . w, hile his gem of a femme oL a mystery! \pl MELVYN DOUGLAS and VIRGINIA BRUCE A COLUMBIA PICTURE THERE Eddie Small, whose productions of "The Count of Monte Cristo" and "The Last of the Mohicans" still hold many house records CELEBRATES HIS RETURN TO UNITED ARTISTS with THE DUKE OF WEST POINT LOUIS HAYWARD • TOM BROWN RICHARD CARLSON JOAN FONTAINE • ALAN CURTIS Directed by ALFRED E. GREEN Original screen play by GEORGE BRUCE World Premiere Thursday, December 15th at RADIO CITY MUSIC HALL Definitely a hit. .. definitely a big hit ...that's the word its coast preview has already spread thru the trade. Prints soon in all United Artists Exchanges where you can share its pleasant box-office surprises at an early screening. * ASK ABOUT IT TODA -JOT REMovi Alert, InteUiget to the^l cjtion Picture Industry MOTION PICTURE DAILY VOL. 44. NO. 113 NEW YORK, FRIDAY, DECEMBER 9, 1938 TEN CENTS L^iS. Units Call Paris Parley On Rome Ban Will Decide Next Week on Quitting Italy Dec. 31 Decision as to whether or not any American companies, either volun- tarily or by compulsion, will continue in business in Italy after Dec. 31 is scheduled to be made at a meeting of Continental managers of the American distributors in Paris next week. \ The decision, at this time, will af- fect the future Italian operations of only Columbia, RKO, United Artists and Universal, the only major com- panies to whom Italy has proffered — through their Italian distribution rep- resentatives— a six-month postpone- ment of enforcement of the Govern- ment's film monopoly decree. Notice Received Yesterday Terms of the extension will be studied at the Paris meeting to deter- mine whether or not continuation _ of business in Italy is compulsory during the six-month period of grace. Home office foreign departments of the four companies received official notification of the Italian Government's action yes- terday. The first reaction here was that if the provisions of the extension i are not compulsory, the four compa- nies may not be in a position to with- draw from Italy Dec. 31 without vio- lating their existing contracts there. If compulsion enters into the exten- sion, however, it was indicated here that the four companies may consider their contracts breached by the Italian Government, in which case they would withdraw from Italy at the end of the year, as originally decided. There has been no change in the status of the plans of Loew's, Para- mount, 20th Century-Fox and War- ners for liquidating their Italian oper- i ations as of Dec. 31. Legion Pledges to Be Renewed Sunday Renewal of pledges to the Legion of Decency for another year will be , asked of Catholics in the New York Archdiocese and in other parts of the country at all masses this Sunday. Those taking the pledge agree not to patronize pictures not approved by the I Legion. In a letter to Catholic pastors in New York, Bishop Stephen J. Dona- hue, administrator of the Archdiocese, calls attention to praise accorded the i Legion by the Pope since its inception five years ago. Silver Anniversary Kansas City, Dec. 8. — Sum- mit, oldest theatre in contin- uous operation under one management here, will cele- brate its 25th anniversary, Dec. 12. The theatre, opened in 1913 by Mr. and Mrs. C. H. Burkey, has been operated by Mrs. Burkey since 1934, when her husband died. During most of its history, the subsequent run Summit has changed programs daily, and has charged 10 and 15 cents. It seats 800. Films' Assets Human, Kent Informs Court "The assets of the motion picture industry are the human assets. Money can't stand alone," Sidney R. Kent, president of 20th Century-Fox, in- formed the N. Y. Supreme Court, tes- tifying yesterday in the minority stockholders' suit against Loew's, Inc. Kent was the day's only witness. To the men who are now being sued and criticized by the defense, Kent at- tributed the rise and success of the Loew company. The head of 20th Cen- tury-Fox told the court that should the present employment contracts of these executives of Loew's be abro- gated or invalidated, that Loew's would be wrecked. Would Take Executives If the Loew company wants to let these men go, his company would be glad to take them on, Kent testified. When questioned about a drop in Loew studio earnings from $9,900,000 in 1930 to $3,800,000 in 1932, Kent de- clared that in 1932 Fox Films lost $12,000,000, of which $9,000,000 was a loss on studio operations. He ex- pressed approval of the action of Loew executives for increasing production operations and refusing to invest in costly theatre operations. This re- fusal helped Loew's in earning profits while competitor companies were ex periencing financial difficulties. Arthur Mayer Calls At Justice Division Washington, Dec. 8. — Arthur Mayer, operator of the Rialto, New York, was another independent ex- hibitor to confer with Department of Justice officials here this week. N. Y. EXHIBITORS WILL KILL GAMES Name Schenck To Air Trade '39 Forecast Joseph M. Schenck, president of the Motion Picture Producers' Associa- tion, will forecast the business outlook for the industry in 1939 in a special network broadcast Dec. 29 which will present leaders of America's nine lead- ing industries. The broadcast, ar- ranged by NBC, will be heard over the Blue network, from 8:30 to 9 P. M. Schenck will speak from Hol- lywood. In addition to the film industry, the feature will present spokesmen of the banking, railroad, newspaper, food, clothing, drug, automobile, iron and steel fields. Philip A. Benson, president of the American Bankers Association; Dr. Additional developments in radio yesterday on page 9. John F. Anderson, president of American Drug Manufacturers ; Paul S. Willis, president of the Grocers' Association ; Sol Cohen, president of National Retail Dry Goods Associa- tion; Edwin S. Friendly of the American Newspaper Publishers' As- sociation, will speak from New York. J. J. Pelley, president of the Asso- ciation of American Railroads, will be heard from Washington. Other speakers will be Alvan Macauley, president of the Auto Manufacturers' Association and T. M. Girdler, presi- dent of the Iron and Steel Institute. Elect Hummel Head Of Film Trade Board Harry Hummel, Warners' New Jersey branch manager, was elected president of the New York Film Board of Trade at a meeting Wednes- day night. He succeeds Leo Abrams, Universal branch head. Others elected are: Edward Bell, Paramount New Jersey branch man- ager, first vice-president ; Robert Fannon, Republic, second vice-presi- dent; Jack Bowen, M-G-M branch manager, treasurer ; Myron Sattler, Paramount branch manager, secretary, and David Levy, M-G-M New Jersey branch manager, sergeant-at-arms. In- stallation will be Jan. 11 or 18. Annual Lotteries Total $3,000,000; Moss Warns Theatres By AL FINESTONE Given the alternative of cleaning their own house or having the law do it for them by License Commis- sioner Paul Moss, New York ex- hibitors, at a meeting yesterday at the Astor Hotel, decided to study means to eliminate, at least, chance games from the theatres of the city. The hope is that the exhibitors may go even further and discard other forms of giveaways. The yearly total of cash and other giveaways was es- timated by William Brandt at $3,000,- 000. This was a meeting of the I.T.O.A., of which Harry Brandt is president, and was attended by non-members and representatives of the affiliated circuits as well. "Eradicate the Cancer" Commissioner Moss urged the ex- hibitors to "eradicate the cancer," and warned that he is determined to put an end to the practice because the chance games are illegal. He warned them further that unless this was ac- complished he had the one alterna- tive, to suspend the licenses of those who persisted in the practice. His office had received many complaints, including one by the Society for the Prevention of Crime. The Society's lottery charges against Max Cohen's Jewel Theatre in Harlem are to be heard in special sessions court Mon- day. Following Moss's address, Brandt was authorized to name a committee of six, to draft a citywide program to which exhibitors in the Metro- politan area will be asked to accede. This committee will be composed of (Continued on page 10) "Ballerina" Coast Rights to Laemmle Sale of the west coast rights of the French film, "Ballerina" to Carl Laemmle has been made by Arthur Mayer and Joe Burstyn, its distribu- tors. Currently in its fourth week at the Little Carnegie Playhouse the film is reported to have broken all records for this theatre. "Ballerina" is scheduled to open in Baltimore and Philadelphia on Christ- mas Dav. MOTION PICTURE DAILY Friday, December 9, 1938 i Purely Personal ► JCHEEVER COWDIN, Univer- • sal board chairman, is prolong- ing his stay at the studio a few days and, in consequence, is not expected here until Sunday. As usual, he will return by plane. • Lewen Pizor, fully recovered from his recent illness, came to New York yesterday from Philadelphia for talks with Ed Kuykendall, M.P.T.O.A. head. The latter leaves New York for Memphis tonight. • Alexander Korda, John Hicks, Jr., Max Milder, James Whale, George Arliss, Douglas Fairbanks, Jr., Gary and Mrs. Cooper and Lili Da- mita are due on the Aquitcmia late today. • Thurman Arnold, assistant U. S. attorney general in charge of the Government anti-trust suit against the industry, has been added to the list of sponsors of Films for Democracy, Inc. • Joe Kinsey, manager of the Daven- port, la., district for Tri-States, has taken a month's leave on account of his health and will spend the time in Florida. • U. S. Ambassador Joseph P. Ken- nedy will arrive here on the Queen Mary, Dec. 15, for the holidays. The Ambassador and his family will go to Florida. • William F. Rodgers leaves New York today or tomorrow for product conferences with Al Lichtman and others at the M-G-M studio. • Jack Cohen of Ottumwa, la., part- ner with Tri-States in several houses, was host at a duck dinner at the Hotel Fort Des Moines. • Sam Rinzler is confined to his home in Brooklyn with a sprained foot. He may be laid up several weeks. • E. V. Richards and Hunter Perry have left New York after conferences at the Paramount home office. • Joe J. Deitch, Des Moines book- keeping head for Tri-States, is vaca- tioning in California. • Nicholas M. Schenck plans to open his winter home in Florida shortly. Mr. and Mrs. Jimmy Ritz will ar- rive in New York tomorrow from the coast. • Earl Wingart of 20th Century- Fox is nursing a case of laryngitis. • C. C. Petti john is fighting a cold acquired during his trip to Chicago. • George Schaefer, RKO chief, re- turns from the coast next week. • Marjorie Noble returns to London on the Aquitania tomorrow. Lloyd Wright will leave for the roast today. Insiders' Outlook THE facsimile people are also anxious to get into the consumer belt, with televi- sion. Those close to Finch Tele- communications Laboratories set forth claims of a transaction with a company, known as William A. Bruno Co., by which the lat- ter may manufacture special fac- simile telecast kits for the home market. At the present time, these experts hold, there are sev- eral radio stations in the coun- try operating visual facsimile on an experimental basis, and that these could form the nucleus for a facsimile network. T T When Mrs. F. D. Roosevelt handed Jack Benny a one-dollar bill for a 25-cent ticket in the German refugee art fund draw- ing yesterday, she asked: "Have you the change?" "I'll send you the change if you'll stay in one place long enough," Benny quipped. The first lady left last night for Washington. HARRY BRANDT yester- day was served with a summons as an additional defendant in the copyright in- fringement suit brought by Mil- ton Spitz, of "U-Spot-It," against Motion Pictures Greatest Year, Inc., and film companies. Brandt is an officer of Bobby- dick, Inc., which operates the Globe, and an original defend- ant. Peculiarly none of the Brandt theatres are participating in the quiz. ▼ ▼ Independent exhibitors, at a meeting, in the Astor, yesterday, pledged $16,000 to the N. Y. Jewish Federation for Support of Philanthropic Societies. When Walter Reade passed a plate around to obtain additionally "pocket money" from the as- semblage, $290 was collected. T T Clarke Robinson has written another novel, "Behold, The Woman." The Newsreel Parade Scenes of President Roosevelt at the University of North Carolina at which he receives a degree, and the U. S. delegation at the Pan-Ameri- can conference are shown in all the new issues of the newsreels, out yes- terday. The reels and their contents follow : MOVIETONE NEWS, No. 26— Roose- velt at North Carolina University. U. S. delegates en route to Lima parley. French line of defense. Hat fashions. Lew Lehr. Giants beat Redskins. NEWS OF THE DAY, No. 224— Roose- velt speaks at Chapel Hill. French and Italian crisis. Dr. Dafoe takes orders for Santa Claus. Frost hits Yellowstone Park. Pan -American conference. Diamond Belt bouts. Giants win championship. PARAMOUNT NEWS, No. 37— Dare- devils sail through Grand Canyon in rub- ber boats. Roosevelt receives degree. James Roosevelt becomes film executive. Monop- oly investigation. Pan-American confer- ence. Secretary Hull welcomed at Pan- ama. Winter Sports show at Madison Square Garden. Davey O'Brien receives Heisman trophy. Giants beat Washington. RKO PATHE NEWS, No. 41— President Roosevelt at North Carolina University, James Roosevelt in Hollywood and Mrs. Roosevelt at National Jewish Fund rally. American delegates in Lima. Congressmen tour Florida projects. Ice hockey. Giants UNIVERSAL NEWSREEL, No. 726— Roosevelt speaks. Pan-American confer- ence. Czech city evacuated. James Roose- velt as movie executive. Ten brothers dis- play strength. Plane crashes in Mexico. Diamond Belt bouts. Winter Sports show in Madison Square Garden. B & K Circuit Staff Gets 6 -Million Policy Chicago, Dec. 8. — On Dec. 15 a coverage of $6,000,000 will become ef- fective for employes of Balaban and Katz theatres and Publix Great States. More than 2,200 will come under the plan, according to John Balaban, who made the announcement today. This, according to the announce- ment, is the first quadruple group in- surance plan written by Equitable which is paid for entirely by the em- ployer. Drive Office Closes Soon Motion Pictures' Greatest Year campaign headquarters in the RKO Building will be closed within the next few weeks, as the Movie Quiz con- test, principal remaining feature of the campaign, nears its end Dec. 31. Staff has been reduced to a mini- mum already. Coast office of the cam- paign was closed down recently. Anient to Be M. E. Of Pathe Newsreel Walton C. Ament, news editor of Pathe Newsreel for the last year, will be named managing editor of the reel in the near future. He will re- place Allyn Butterfield, who resigned recently. Ament, who before joining the newsreel was a member of the RKO trustee's legal staff at the home office, already is handling much of the work which was done by Butterfield. Howard Addresses Ampa "Good pictures are not a matter of geography," William K. Howard, who recently completed "Back Door to Heaven" at the Eastern Studios, as- serted at the fortnightly luncheon of Ampa yesterday. He refused to com- ment on the future of production in the east. Patricia Ellis, co-starred with Wallace Ford, sang two songs from the film, and Ford spoke briefly. Defense Plea Heard In B & K Motion on Bill of Particulars Chicago, Dec. 8. — Hearing on de- fense methods for a bill of particulars in the Government's criminal contempt proceedings against Balaban & Katz and the majors for alleged violation of a 1932 consent decree was held be- fore Federal Judge Woodward tod^ Defendants seek an itemization charges against them. At today's hearing, Robert Golding appeared for B. & K. and Paramount, Edmund Adcock, of Spitz & Adcock, for RKO and Universal, Frederic Burnham, for Loew's, David Levinson, for U. A., and Otto A. Koegel, of Dwight, Harris, Koegel & Caskey, for 20th Century-Fox. Argument will be concluded tomorrow when Vincent O'Brien will appear for Warner Bros, and Robert Wright, of the Govern- ment staff, will present the opposition. Following the conclusion of debate on the motions for a bill of particu- lars, motions to quash subpoenas and for extension of time to answer will be made. To Reelect Warner Directors at Meet Five Warner directors whose terms are expiring are slated for reelection at the annual meeting of stockholders in Wilmington on Monday. They are Samuel Carlisle, Sam E. Morris, Stanleigh P. Friedman, Morris Wolf and Charles S. Guggenheimer. The directors will meet in New York to elect officers, with the present slate expected to continue. Stanley Corp. of America, Warners' theatre subsidiary, will also hold its stockholders' meeting on Monday, with reelection of directors scheduled. Para. Sets B. A. Meet A sales convention of Paramount Films, S. A., has been called for next Monday and Tuesday in Buenos Aires. John B. Nathan, managing director in charge of Argentina, Uruguay and Paraguay, will preside. New season's product will be discussed. MOTION PICTURE DAILY (Registered U. S. Patent Office) MARTIN QUIGLEY, Editor-in-Chief and Publisher: SAM SHAIN, Editor; JAMES A. CRON, Advertising Manager. Published daily except Saturday, Sunday and holidays by Quigley Publishing Com- pany, Inc., Martin Quigley, president; Colvin Brown, vice-president and treasurer. Publication office: 1270 Sixth Avenue at Rockefeller Center, New York. Telephone: Circle 7-3100. Cable addresss: "Quigpubco. New York." All contents copyrighted 1938 by Quigley Publishing Company, Inc. Address all correspondence to the New York office. Other Quigley publications: Motion Picture Herald, Better Theatres, Teatro al Dia. International Motion Picture Almanac and Fame. BUREAUS : — Hollywood: Postal Union l ife Building. Vine and Yucca Sts.; Boone Mancall, manager; William R. Weaver, editor. Chicago: 624 S. Michigan Ave., C. B. O'Neill, manager. London: 4 Golden Square. W. 1: cable address, Quigpubco, London; Hope Williams, manager. Entered as second class matter Sept. 23. 1938, at the post office at New York, N. Y., under the act of March 3, 1879. Subscription rates per year $6 in the Americas and $12 foreign. Single copies 10c. Friday, December 9, 1938 MOTION PICTURE DAILY 'Cowboy' Has Big $11,500 Denver Take Denver, Dec. 8. — "The Cowboy and the Lady" took a strong $11,500 at the Denver for the best gross, and was moved to the Aladdin for a con- "XjBrother Rat" and "Gangster's Bov" took a good $4,000 in the second week at the Paramount, and "If I .. Were King" was good for $6,200 in its second week at the Denham. Estimated takings for the week end- ing Dec. 7: "Moonlight Sonata" (Select) ALADDIN — (1,400) (25c-40c) 7 days. Gross: $3,000. (Average, $3,500) "Young Dr. Kildare" (M-G-M) "Mad Miss Man ton" (RKO) BROADWAY— (1,100) (25c-40c) 3 day holdover. Gross: $1,000. "Out West with the Hardys" (M-G-M) "Tarnished Angel" (RKO) BROADWAY— (1,100); 25c-40c, 4 days. Gross: $1,500. (Average for week, $2,500) "If I Were King" (Para.) DENHAM — (1,750) (25c-35c-40c) 7 days. 2nd week. Gross: $6,200. (Average, $5,500) "The Cowboy and the Lady" (U.A.) DENVER — (2,525) (25c-35c-50c) 7 days. Gross: $11,500. (Average, $8,500) "Out West with the Hardys" (M-G-M) "Tarnished Angel" (RKO) ORPHEUM — (2,600) (25c-35c-40c) 3 day holdover. Gross: $3,000. "The Great Waltz" (M-G-M) "Spring Madness" (M-G-M) ORPHEUM— (2,600) (25c-35c-40c) 4 days. Gross: $6,000. (Average for week, $7,500) "Brother Rat" (F.N.) "Gangster's Boy" (Mono.) PARAMOUNT— (2,200) (25c-40c) 7 days. 2nd week. Gross: $4,000. (Average, $3,500) "Just Around the Corner" (ZOth-Fox) "Exposed" (Univ.) RIALTO— (878) (25c-40c) 7 days. Gross: $2,000. (Average, $1,750) 'Angels' Lead in K. C. With $8,800 Kansas City, Dec. 8.— "Angels with Dirty Faces" stood up under cold weather and competition for $8,800, and was held at the Orpheum. Big money went to "Out West with the Hardys" and "Adventure in Sahara," which gathered $14,100 at Loew's Midland. Estimated takings for the week end- ing Nov. 30-Dec. 1 : "Submarine Patrol" (20th-Fox) ESQUIRE— (800) (25c-40c) 8 days. Gross: $2,200. (Average, 8 days, $3,500) "Men with Wings" (Para.) NEWMAN— (1,900) (25c-40c) 7 days, 2nd week. Gross: $5,800. (Average, $7,000) "Submarine Patrol" (ZOth-Fox) UPTOWN— (2,000) (25c-40c) 8 days. Gross: $3,300. (Average, 8 days, $4,500) "Out West with the Hardys" (M-G-M) "Adventure in Sahara" (Col.) MIDLAND — (4,000) (25c-40c) 8 days. Gross: $14,100. (Average, 8 days, $12,500) "Angels With Dirty Faces" (W.B.) ORPHEUM — (1.500) (25c-40c) 8 days. Gross: $8,800. (Average, 8 days, $5,600) "Campus Confessions" (Para.) FOX TOWER— (2,200) (25c-35c-55c) 8 days. Stage: Bernie Cummins & His Orchestra, featuring Connie Barleau and Walter Cum- mins, Steve Evans, Paul Sydell & Spotty. Tommy Martin. Gross: $8,500. (Average, 8 days, $9,000) Test Sunday Closing Cambridge, 0., Dec. 8.— Daniel Gil- hula, local exhibitor, and three of his employes, arrested for violation of the Sunday closing law, have been re- leased on bond pending trial. Voters in the recent election expressed a preference for Sunday closing, and Gilhula is making a test case. Out Hollywood Way Hollywood, Dec. 8. — Major H. D. Detweiler, commanding officer of Fort McArthur, San Pedro, will con- fer with Capt. William F. Cox, U. S. A. retired, on "Invasion," forth- coming Paramount picture dealing with an invasion of North America by an enemy . . . M-G-M has pur- chased "The Lady Comes to Burk Burnett," story of Texas oil fields, by James Edward Grant . . . Due to complications following an appendec- tomy, Lana Turner is one of the cast of M-G-M's "I Take This Woman" . . . Peggy Montgomery gets a featured role in M-G-M's "Burn 'Em Up O'Connor" . . . Warners will reunite James Cagney, Pat O'Brien, Humphrey Bogart, Ann Sheridan and the "Dead End" kids, who ap- peared in "Angels with Dirty Faces," in the forthcoming "The Battle of City Hall." Michael Curitz will direct. Universal has retitled "Three's Company," the Bing Crosby picture, as "East Side of Heaven" . . . Lieut. Jack Reins Lincke has joined John LeRoy Johnston's publicity staff at Walter Wanger's, replacing Rus- sell Phelps, who has joined 20th Century-Fox' writing staff . . . Bob Hope and Shirley Ross will be teamed in "Some Like it Hot," vehicle for Gene Krupa and his or- chestra at Paramount... Jane A rmistead and Ramos Share Para. Plaques Harold Armistead of the Lyric, Ecsley, S. C, and J. Castro Ramos of the Cine Plaza, Rio de Janeiro, were declared joint winners of the In- ternational Plaque in Paramount's $5,- 000 advertising and exploitation con- test, part of the recent sales drive on "Paramount on Parade." Each will re- ceive a plaque. In the domestic field Armistead won first place and $500 for the best campaign in cities under 15,- 000. Ramos won first place and $500 for leading the foreign division. The judges were William Le Baron, man- aging director of production; A. M. Botsford, producer ; and Cliff Lewis and Edward Schellhorn, of the Para- mount publicity staff. Raze Carolina House Columbia, S. C, Dec. 8. — Carolina here will be closed Dec. 31. Equip- ment will be transferred before dis- mantling of the building begins to make way for construction of new hotel. Taking the place of the Caro- lina will be the Five Points, construc- tion of which is to begin soon. Grady Beeker, manager of the Carolina, will go to Greenwood as city manager of two houses operated by Palmetto Amusements. Sunday Tax $479,280 London, Dec. 8. — Middlesex exhib- itors have paid over to their council $479,280 in the form of a tax on the Sunday opening of theatres since the 1932 Act came into force. Another $15,000 odd went to the Privy Council Fund. Bryan draws the feminine lead in "Gantry the Great," Warners. + Casting — Allen Jenkins to "Song of the West," and William Gargan to "Broadway Serenade," M-G-M . . . J. Carrol Naish to "Hotel Imperial," and Russell Hayden to "Heritage of the Desert," Paramount . . . Gene Lockhart to "I'm from Missouri," Paramount . . . May Robson, Sidney Toler, Edward Brophy and Maxie Rosenbloom to "Broadway Cavalier," Warners . . . Rosella Towne to "Yes, My Darling Daughter," Warners. + Writers — W a r n e r assignments : Seton I. Miller is writing a new treatment for "The Sea Hawk" ; Lawrence Kimble and Sig Herzig are writing "The Holy Terror" ; Michael Fessier is on an untitled original dealing with a famous medical center . . . Gilbert Gabriel and Robert Thoeren are working on "The World's Applause" at Para- mount. + Contracts — Warners has extended the pact of Gabriel Dell and Huntz Hall of the "Dead End" kids. + Directors — Warners assigned Terry Morse to guide "Sweepstakes Win- ner," starring Marie Wilson, and Noel Smith to direct "Smashing the Money Ring." Weather Hits Pitt. "Angels" Takes$19,200 Pittsburgh, Dec. 8. — Winter weather took a big "bite" out of grosses. "Angels with Dirty Faces" led the list with $19,200 and won an- other week downtown at the Warner. The Stanley hit $18,700 with "There Goes My Heart," and a stage show. Hardest hit was the new Harris Senator, which made its bow Thanks- giving Day. Paying a stiff fee for John Boles, screen singer, took a goodly share of the receipts which to- taled $8,100. Estimated takings for the week end- ing Dec. 2: "Just Around the Corner" (20th-Fox) ALVIN— (1,850) (25c-50c) 6 days. Gross: $6,200. (Average, $6,500) "Little Tough Guys in Society" (Univ.) FULTON — (1,750) (25c-40c) 6 days. Gross: $3,800. (Average, $4,600) "Angels with Dirty Faces" (W.B.) PENN — (3,400) (25c-50c) 8 days. Gross: $19,200. (Average, $16,500) "Service De Luxe" (Univ.) SENATOR — (2,000) (25c -50c) 7 days. Stage: John Boles. Gross: $8,100. "There Goes My Heart" (U.A.) STANLEY — (3,750) (25c-60c) 6 days. Stage: Maxine Sullivan, Dick Foran, Ann Miller and Roger Pryor's Band. Gross: $18,700. (Average, $21,000) "A Man to Remember" (RKO) "Nancy Drew, Detective" (W.B.) WARNER— (2,000) (25c-40c) 7 days. Gross: $4,800. (Average. $5,500) An entertainment idea as brightly new and different as the new nickels! THANKS FOR EVERYTHING (Released December 23rd) The joy-time show for big-time grosses! L _ .... feosine**-10 ,_.„,„ euf i *Hh Amet«=oS d on by sHOW « ^e.he,...andhowHo9 &RevelhWSt , SO DAT* « £ 2^ THEY'U THANK with ADOLPHE MENJOU * JACK OAKIE JACK HALEY • ARLEEN WHELAN TONY MARTIN • BINNIE BARNES GEORGE BARBIER • WARREN HYMER | Directed by WILLIAM A. SEITER Associate Producer Harry Joe Brown * Screen play by Harry Tugend Adaptation by Curtis Kenyon and Art Arthur * Based on a story by Gilbert Wright • Music and lyrics by Mack Gordon and Harry Revel DARRYL F. ZANUCK in Charge of Production T h e gre atest fear history . • • All in Universal's NEW Cavalcade of Profit- Basil Bori F Bel.a A T Lione WIL SON OF FRANKENSTEIN / / me ■ by ROWLAND V.LEE [UTCHINSON Emma Dunn • Donnie Dunagan • Edgar Norton A ROWLAND V. LEE PRODUCTION MOTION PICTURE DAILY 8 'Take It' in Twin Cities Is $20,000 Lead Minneapolis, Dec. 8. — Best grosser in Minneapolis for the week was "You Can't Take It With You" at the Or- pheum at $12,000. At the State, "The Sisters" got $5,500 and "Moonlight Sonata" was good for $2,600 at the World. In St. Paul, "You Can't Take It With You" was also best, bringing $8,000 to the Orpheum. Estimated takings for the week end- ing Dec. 1 : Minneapolis: "Arrest Bulldog Drummond" (Para.) "Tarnished Angel" (RKO) ASTER— (900) (lSc-25c) 6 days. Gross: $1,500. (Average, $1,500) "The Mad Miss Man ton" (RKO) CENTURY — (1,600) (25c-40c) 7 days. Gross: $3,400. (Average, $4,000) "Listen, Darling" (M-G-M) GOPHER— (990) (25c) 7 days. Gross: $2,S00. (Average, $3,000) "You Can't Take It With You" (Col.) ORPHEUM — (2,900) (25c-40c) 7 days. Gross: $12,000. (Average, $4,800) "The Sisters" (W.B.) STATE— (2,300) (25c-40c) 7 days. Gross: $5,500. (Average, $4,400) "Moonlight Sonata" WORLD— (400) (25c-55c) 7 days. Gross: $2,600. (Average, $1,600) St. Paul: "You Can't Take It With You" (Col.) ORPHEUM — (2,000) (25c-40c) 7 days. Gross: $8,000. (Average, $3,200) "The Sisters" (W.B.) PARAMOUNT— (2,500) (25c-40c) 7 days. Gross: $4,000. (Average, $4,400) "Listen, Darling" (M-G-M) RIVIERA — (1 ,000) (25c) 7 days. Gross: $1,700. (Average, $2,400) "Lawless Valley" (RKO) "Silks and Saddles" (Majestic) TOWER— (1,000) (25c) 7 days. Gross: S2.000. (Average. $1,600) "Gangster's Boy" (Mono.) WORLD — (400) (25c-35c) 7 days. Gross: $1,000. (Average, $700) "Angels" $14,000 Is Cincinnati Hit Cincinnati, Dec. 8.— "Angels With Dirty Faces" took top money last week with $14,000 at the RKO Palace. Count Berni Vici's "Stars Over Broadway" on the RKO Shubert stage helped "Listen Darling" to a $13,000 gross, and "Brother Rat," grabbed a $6,600 take in its second week at the RKO Capitol. Estimated takings for the week end- ing Dec. 1 : "The Sinning Hour" (M-G-M) RKO ALB EE— (3,300) (35c-42c) 7 days. Gross: $10,700. (Average, $12,000) "Angels With Dirty Faces" (F. N.) RKO PALACE— (2,700) (35c-42c) 7 Jays. Gross: $14,000. (Average. $10,000) "Listen Darling" (M-G-M) RKO SHUBERT— (2,150) (35c-40c-60c) 7 days. Stage: "Stars Over Broadway." Gross: $13,000. (Average, $12,000) "Brother Rat" (F. N.) RKO CAPITOL— (2,000) (35c-42c) 7 days, 2nd downtown week. Gross: $6,600. (Aver- age, $6,500) "Blondie" (Col.) RKO LYRIC— (1,400) (35c-42c) 7 days. Gross: $5,900. (Average. $6,500) "Young Dr. Kildare" (M-G-M) RKO GRAND— (1,200) (25c-40c) 7 days, 2nd week. Gross: $2,400. (Average, $2,750) "The Man From Music Mountain" (Republic) (3 days) "Illegal Traffic" (Para.) (2 days) "Sons of the Legion" (Para.) (2 days) RKO FAMILY— (1.000) (15c-25c) Gross: S2.0O0. (Average, $2,450) "The Mad Miss Manton" (RKO) KEITH'S— (1,500) (30c-40c) 7 days. Gross: $4,400. (Average, $6,500) Form Williams Theatres Dover, Dec. 8. — K. Lee Williams, Theatres, Inc., has been formed here for exhibition. The company listed capital of 1,000 shares, no par value. S. L. Mackey, J. Slaughter, and H. Kennedy of Wilmington were the in- corporators. 'Hardys' a Smash In Cleveland with Gross of $18,500 Cleveland, Dec. 8. — "Out West with the Hardys" had the edge on "Angels with Dirty Faces" by a slight margin. "Out West with the Hardys" at Loew's State, took $18,500. "Angels with Dirty Faces" at Warners' Hip- podrome came through with $16,500, and was held. Weather was cold, with snow and ice. Estimated takings for the week end- ing Dec. 2: "Peck's Bad Boy at the Circus" (RKO) "Annabel Takes a Tour" (RKO) ALLEN — (3,000) (30c-35c-42c) 7 days. Gross: $3,000. (Average, $4,000) "Angels With Dirty Faces" (W. B.) WARNERS' HIPPODROME— (3,800) (30c- 35c-42c) 8 days. Gross: $16,500. (Average, $12,000) "Just Around the Corner" (2flth-Fox) RKO PALACE— (3,100) (30c-42c-55c) 8 days. Stage: Ben Blue and vaudeville. Gross: $15,000. (Average, $15,000) "Out West With the Hardys" (M-G-M) LOEW'S STATE— (3,500) (30c-35c-42c) 8 days. Gross: $18,500. (Average, $13,000) "The Shining Hour" (M-G-M) LOEW'S STILLMAN— (1,900) (30c-35c- 42c) 8 days 2nd week. Gross: $5,000. (Aver- age, $5,000) 'Hardys' $13,000 Indianapolis Best Indianapolis, Dec. 8. — "Out West With the Hardys" did a powerful $13,000 at Loews' "Adventure in Sa- hara" shared the bill, which was held. "Nancy Drew, Detective," with Herbie Kay's orchestra on the stage, paid the Lyric $9,000. The horror dual, "The Walking Dead" and "White Zombie," tallied a nice $3,500 for the Apollo. Estimated takings for the week ending Dec. 1 : "The Walking Dead" "White Zombie" APOLLO— (1,100) (25c-40c) 7 days. Gross: $3,500. (Average, $3,000) "Little Tough Guys in Society" (Univ.) "The Storm" (Univ.) CIRCLE— (2,800) (25c-40c) 7 days. Gross: $3,500. (Average, $4,500) "Angels With Dirty Faces" (F.N.) INDIANA— (3,200) (25c-40c) 2 days, 2nd week. Gross: $1,500. (Average, $5,000) "Out West with the Hardys" (M-G-M) "Adventure in Sahara" (Col.) LOEW'S— (2,800) (25c-40c) 7 days. Gross: $13,000. (Average, $7,000) "Nancy Drew, Detective" (W.B.) LYRIC— (2,000) (25c-40c) 7 days. Stage: Herbie Kay's Orchestra. Gross: $9,000. (Average, $8,000) To Build Ohio House Cincinnati, Dec. 8. — The Queen City Holding Co., composed of Nat Galley, local man ; J. S. Jossey, Cleve- land, and others, has acquired a site in suburban Elmwood on which a 750- seat house will be built. Takes Waterbury House Waterbury, Conn., Dec. 8. — Nicho- las Mascoli, operator of the Carroll, has taken over the 500- seat Garden from Steve Panora. 'Angels' $9,000 With 'Service' Is Top in Milwaukee Milwaukee, Dec. 8. — "Angels With Dirty Faces" and "Service de Luxe," topped the week's takes with a $9,000 gross at the Warner. Runnerup was "If I Were King" and "Thanks for the Memory," which grossed $8,400 at Fox's Palace. The Stroud Twins and "I Stand Accused" collected $6,800 at the Riverside. Estimated takings for the week end- ing Nov. 30-Dec. 1 : "Angels With Dirty Faces" (F. N.) "Service de Luxe" (Univ.) WARNER— (2,400) (35c-50c) 7 days. Gross: $9,000. (Average, $5,000) "Submarine Patrol" (20th-Fox) "Down on the Farm" (ZOth-Fox) WISCONSON— (3,200) (35c-50c) 7 days. Gross: $7,500. (Average, $8,000) "If I Were King" (Para.) "Thanks for the Memory" (Para.) PALACE— (2,400) (35c-50c) 8 days. Gross: $8,400. (Average, $5,000) "I Stand Accused" (Rep.) RIVERSIDE— (2,300) (25c-30c) 7 days. Stage: The Stroud Twins. Gross: $6,800. (Average, $5,000) "You Can't Take It With You" (Col.) "The Gladiator" (Col.) STRAND— (1,400) (35c-50c) 7 days, 2nd week. Gross: $4,800. (Average, $4,500) 'Cowboy' Rides 'Em In Buffalo $11,500 Buffalo, Dec. 8. — "The Cowboy and the Lady" took the honors, with $11,500 at the Great Lakes. "Little Tough Guys in Society" dualled with "The Last Express" at the Lafayette, took a strong $9,100. "Submarine Patrol" held up well, drawing $7,800 at the Century. Estimated takings for the week end- ing Dec. 3: "The Shining Hour" (M-G-M) BUFFALO — (3,000) (30c-55c) 8 days. Gross: $13,600. (Average, 7 days, $12,000) "The Cowboy and the Lady" (U. A.) GREAT LAKES— (3,000) (30c-50c) 9 days. Gross: $11,500. (Average, 7 days, $7,500) "Stablemates" (M-G-M) HIPPODROME— (2,500) (25c-40c) 9 days, 2nd week. Gross: $9,300. (Average, 7 days, $6,800) "Submarine Patrol" (20th-Fox) CENTURY— (3,000) (25c) 7 days. Gross: $7,800. (Average, $6,000) "Little Tough Guys in Society" (Univ.) "The Last Express" (Univ.) LAFAYETTE — (3,300) (25c) 7 days. Gross: $9,100. (Average, $6,300) 'Hardys/ 'Manton' N. H. High, $11,500 New Haven, Dec. 8. — "Angels With Dirty Faces" and "Road to Reno" scored at the Roger Sherman with $8,400. "Out West with the Hardys" and "The Mad Miss Man- ton" grossed $11,500 in eight days. Second week of "The Shining Hour" and "Blondie" did $2,800 at the College. Estimated takings for the week end- ing Dec. 2 : "The Shining Hour" (M-G-M) "Blondie" (Col.) COLLEGE— (1,499) (35c-50c) 7 days, 2nd week. Gross: $2,800. (Average, $2,500) "Out West With the Hardys" (M-G-M) "The Mad Miss Manton" (RKO) LOEW-POLI— (3,040) (35c-50c) 8 days and midnite show. Gross: $11,500. (Average, $8,- 000) "Hold That Co-Ed" (20th-Fox) "Gangster's Boy" (Mono.) PARAMOUNT— (2,348) (35c-50c) 8 days. Gross: $4,400. (Average, $4,400) "Angels With Dirty Faces" (W. B.) "Road to Reno" (Univ.) ROGER SHERMAN— (2,200) (35c-50c) 7 days. Gross: $8,400. (Average, $4,700) Friday, December 9, 1938 Frisco Bows To "Angels" At $24,000 San Francisco, Dec. 8. — "Angels With Dirty Faces," paired with "Listen Darling" at the Fox, took the lead with $24,000. Also holding up unusually were "You Can't Take It With \ J which drew $10,500 in second week at Orpheum, and "Cowboy and the Lady," drawing $10,000 in second week at United Artists. Estimated takings for the week end- ing Nov. 29-Dec. 2: "Peck's Bad Boy With the Circus" (RKO) GOLDEN GATE— (2,850) (35c-40c-55c) 7 days. Stage: vaudeville. Gross: $14,500. (Average, $16,000) "The Cowboy and the Lady" (U.A.) UNITED ARTISTS— (1,200) (15c-35c-40c- 55c-65c) 7 days, 2nd week. Gross: $10,000. (Average, $7,000) "Submarine Patrol" (20th-Fox) "Down on the Farm" (20th-Fox) PARAMOUNT — (2,740) (15c-35c-40c-55c- 75c) 8 days. Gross: $12,000. (Average, $13,000) "You Can't Take It With You" (Col.) ORPHEUM — (2,440) (15c-3Sc-40c-55c) 7 days. 2nd week. Gross: $10,500. (Average, $8,500) "Angels With Dirty Faces" (W.B.) "Listen Darling" (M-G-M) FOX— (5,000) (15c-35c-40c-55c-75c) 7 days. Gross: $24,000. (Average, $17,000) "Brother Rat" (W.B.) "King of Alcatraz" (Para.) ST. FRANCIS— (1,400) (15c-35c-40c-55c-75c) 7 days, 2nd week (moved over from Fox). Gross: $5,400. (Average, $7,000) "The Shining Hour" (M-G-M) "Arrest Bulldog I>oimmond" (Para.) WARFIELD— (2,680) (15c-35c-40c-55c-75c) 7 days. Gross: $14,000. (Average, $13,000) "Grand Illusion" (World) CLAY — (400) (15c-35c-40c) 7 days, 4th week. Gross: $900. (Average, $1,300) "Moonlight Sonata" LARKIN— (390) (15c-35c-40c) 7 days, 6th week. Cross: $900. (Average, $1,300) 'Hardys' Is Omaha Best With $12,200 Omaha, Dec. 8.— "Angels With Dirty Faces" grossed a strong $8,200 in seven days at the Brandeis, and was held for a second week. "Out West With the Hardys," dualled with "Exposed," pulled a smash $12,200 at the Orpheum. "Shining Hour" and "Mysterious Mr. Moto" did a good $7,900 at the Omaha. Estimated takings for the week end- ing Nov. 30 : "Angels With Dirty Faces" (F. N.) BRANDEIS— (1,200) (25c-35c-40c) 7 days. Gross: $8,200. (Average, $4,000) "Shining Hour" (M-G-M) "Mysterious Mr. Moto" (20th-Fox) OMAHA— (2,200) (25c-40c) 7 days. Gross: $7,900. (Average, $5,500) "Out West With the Hardys" (M-G-M) "Exposed" (Univ.) ORPHEUM— (3,000) (25c-40c) 7 days. Gross: $12,200. (Average, $7,200) "Drums" (U. A.) "Swing That Cheer" (Univ.) PARAMOUNT— (3,000) (25c-40c) 7 days. Gross: $4,500. (Average, $5,500) Moreels Joins Monarch Pittsburgh, Dec. 8. — Edward Mo^ reels, who left the Warner sales^ force here several months ago, has joined Lew Lefton's Monarch office as a salesman. He replaces Joseph Fleshin, who resigned recently to go with the Bien Theatre Poster Supply Co. in Cincinnati. Friday, December 9, 1938 MOTION PICTURE DAILY FCC Calendar Washington, Dec. 8. — Hearings on broadcasting cases have been set by the Federal Communications Commis- sion for hearings, as follows : Dec. IS: Applications of Colonial Broadcasting Corp. for a 1,370-kilo- cycle station at Norfolk, with 100 's watts night, 250 watts day; KLS, ! A Ikland, for increase of power from _i) to 500 watts; and WLAW, j Lawrence, Mass., for extension of t time from day to sunset at KPO. Jan. 10 : Applications of James F. , Hopkins, Inc., a 1,400-kilocycle, 250- watt station at Ann Arbor ; WJEJ, ! Hagerstown, Md., for increase of day J power from 100 to 250 watts ; WKOK, Sunbury, Pa., for extension of time from sharing to unlimited, I and WSNJ, Bridgeton, N. J., for ex- tension of time from day to unlim- ited with 100 watts night, 250 watts day. Jan. 24 : Application of St. Lawrence Broadcasting Corp. for a 1,310-kilo- cycle station at Ogdensburg, N. Y., with 100 watts night, 250 watts day. Jan. 25 : Applications of Bowling Green Broadcasting Co. for a 1,310- kilocycle station at Bowling Green, Ky., with 100 watts night, 250 watts ( day, and WALA, Mobile, Ala., for increase of night power from 500 to 1,000 watts. Feb. 6 : Applications of Central Broadcasting Corp. for a 1,500-kilo- cycle station at Worcester, with 100 i watts night, 250 watts day; Kingston Broadcasting Corp. for a 1,500-kilo- i cycle, 100-watt daytime station at Kingston, N. Y. ; WCBS, Springfield, 111., for change of frequency from 1,420 to 1,290 kilocycles and increase of power from 100 watts night, 250 watts day to 1,000 watts, and WSGN, Birmingham, for change of frequency | from 1,310 to 1,290 kilocycles and increase of power from 100 watts i night, 250 watts day, to 1,000 watts. Feb. 20: Applications of Julius H. Dixon for a 1,500-kilocycle station at Tupelo, Miss., with 100 watts night, 250 watts day, and WLAC, Nash- i ville, for increase of power from 5,000 to 50,000 watts. Application for a new station to operate on 1,420 kilocycles with 100 watts power was filed by the Gazette Co., Cedar Rapids. Other applications included WOC, Davenport, la., for change of fre- quency from 1,370 to 1,390 kilocycles, increase of power from 100 watts night, 250 watts day, to 1,000 watts, and move of transmitter from Daven- port to Bettendorf, la., and WHBY, Green Bay, Wis., for authority to move from Green Bay to Appleton. Hearings were set on the Suffolk Broadcasting Corp. for a 1,420-kilo- cycle station at Suffolk, Va., with 100 watts power night, 250 watts day ; KAND, Corsicana, Tex., for exten- sion of time from day to unlimited with 100 watts night, 250 watts day : WBNX, New York, for move of transmitter from Cliffside Park to Carlstadt, N. J., and increase of power from 1,000 to 5,000 watts; WEXL, Royal Oak, Mich., for change of fre- quency from 1,310 to 1,300 kilocycles and increase of power from 50 to 250 watts, and KRSC, Seattle, for increase of power from 250 to 1,000 watts. ► Radio Personals i JIM BARRETT, president and edi- tor of the Press-Radio Bureau, will speak Sunday over WBIL on "Frontiers of the News" . . . Nan Wynn, CBS singer, flies to Buffalo tonight to appear at the annual Variety Revue in that city. Remain- der of the talent at the affair will be culled from the staff of the Buffalo Broadcasting Corp. . . . Jimmy At- kins, a discovery of Fred Waring, will make his network singing debut on Fred's program tomorrow night . . . Danton Walker of the Daily News, Hy Gardner of the Brooklyn Eagle, and Henry L. Jackson, editor of Esquire, will describe the ideal way to spend an evening in New York on WHN next Tuesday at 9 :30 P.M. 'Good News' Show Renewed for Year M-G-M's radio series, "Good News," has been renewed for 52 weeks, proof that the studio and spon- sor. General Foods, are satisfied with the program. Previous renewals were for 13-week periods. "Good News" started last year. It is heard Thursdays over 82 stations of the NBC-Red network, plus the CBC network in Canada. The renewal be- comes effective Jan. 5, 1939. Benton & Bowles is the agency. Another major Hollywood program which yesterday won a year's renewal is the Chase & Sanborn hour, broad- cast Sundays over a 59-station hookup on the Red network. J. Walter Thompson is the agency. Also renewed were General Elec- tric's "Hour of Charm," for 13 weeks, through the Maxon agency, and Ward Baking's dramatic strip, "Jane Arden," also for 13 weeks. Sherman K. Ellis Co. is the agency. CBS Artist Bureau Has Record Season Columbia Artists Bureau, under the direction of Herb Rosenthal, this year has enjoyed its most prosperous season by virtue of a number of major deals recently closed. Deals which helped put the bureau over the top involve Orson Welles, Andre Kostelanetz, Raymond Paige, Raymond Scott, Hildegarde, H. V. Kaltenborn, Kay Thompson and others. Welles and his Mercury players were sold by the bureau to Campbell Soup Co. for the series which starts tomorrow. In addition Columbia Artists set the orchestra under the direction of Bernard Hermann on the show. Kostelanetz and Miss Thomp- son were sold to the Ethyl Gas Co. for that series starting Jan. 12 ; Ray Scott to the American Tobacco Co. on the "Hit Parade" ; Paige and a 100-piece orchestra, and Hildegarde to the U. S. Rubber Co., starting Feb. 22 ; Kaltenborn to Pathe News as con- sultant and adviser on foreign affairs. Other deals include the booking- of Ray Block's orchestra and the Eton Boys on the U. S. Tobacco series. Vallee Heads Three NBC Show Renewals Three important renewals, headed by the re-signing of the Rudy Vallee show, have been effected at NBC. Vallee's show, sponsored by Stand- ard Brands for Royal Dessert, has been taken up for another year, effec- tive Jan. 5. Series is hea<-d on the Red from 8 to 9 P.M. on Thursdays, over a 53-station hookup. J. Walter Thompson is the agency. Fitch "Bandwagon," sponsored by the Fitch Co., a musical series which began in the fall, has been renewed for 52 weeks effective Jan. 8. It is broadcast from 7 :30 to 8 P.M. on the Red. L. W. Ramsey Co., Davenport, la., is the agency. Wander Co., sponsoring "Little Or- phan Annie., script show based on the cartoon of that title, will be continued on the air for another year, through a renewal placed by Blackett-Sample- H u m m e r t. Broadcast Mondays through Fridays, the series is heard on the Red at 5 :45 P.M. Begin New NBC Antenna Installation has been started on new short-wave antenna by NBC for its foreign transmitters W3XL and W3XAL which will enable the net- work's international division to extend its service to Latin America to 16 hours a day, without diminishing the service to Europe, upon completion. The network is now broadcasting nine hours a day to Latin America. RADIO , NBC to Broadcast Film Critic Prizes New York Film Critics will again make their annual awards, headed by their selection of the best picture of the year, over the NBC network. The awards are to be made public in a program from 7 to 7:30 P. M. over the Blue, on Jan. 6. In the broadcast this year, NBC will dramatize a scene from the film selected as the year's best, and will present the actors and actresses to be cited by the critics. Also to be pre- sented will be the best director, and a representative of the company receiv- ing the award for producing the best foreign-made picture of the year. Critics who will be in charge of the broadcast are Howard Barnes of the Herald Tribune, William Boehnel of the World-Telegram and Frank Nu- gent of the Times. Greet NBC Additions Stations WRDO, Augusta, and WLBZ, Bangor, joining the NBC network Sunday, will be saluted with a special welcoming program to be broadcast at 3 :30 P.M. over the Red. Originating in the Chicago studios, the dedicatory broadcast will include music by Roy Shield's orchestra and vocals by Vivian Delia Chiesa and Charles Sears. Finance Firm on WHN Jefferson Personal Finance Co. has contracted for five 15-minute periods weekly over WHN, for 26 weeks. Roger B. Relkin placed the account. detective Bruce 'o slayers— run to cover! For she won't stop for any cop Be he husband, friend, or lover! Melvyn DOUGLAS • Virginia BRUCE THERE'S THAT WOMAN AGAIN alexanZ'hall A COLUMBIA PICTURE MOTION PICTURE DAILY Friday, December 9, 1938 N. Y. Theatres Map Plan for Abolition Of Cash Premiums (Continued from page 1) an equal number of representatives from the independent and affiliated and non-affiliated exhibitors. The 2-2- 2 committee is to report back at a meeting tentatively called for Dec. 21. There were about 100 showmen at the meeting and discussions were held from the floor. Two of the more important leaders present were Charles C. Moskowitz, executive op- erator of Loew's theatres, and John J. O'Connor, operating head of RKO theatres. Moskowitz pledged the co- operation of his circuit as soon as everybody else is willing to go along, and said that Loew's is even agreeable to lead the way. O'Connor asked the Commissioner whether his ban would apply to chance games in churches, fraternal halls and clubs. To this Moss replied affirmatively and in- dicated that it is something to be taken up with Mayor F. H. _ La- Guardia and Police Commissioner Lewis J. Valentine. Walter Reade brought up the question of other commercial fields giving premiums, and expressed the opinion that as long as this persisted, exhibitors should be permitted the same privilege. It was William Brandt who pointed out that there were theatres in New York giving away as much as $1,000 weekly, with the RKO Fordham dis- tributing $300 per night, two nights of every week. Circuits operating in the Bronx, which are already said to have agreed to the ban, are Loew's RKO, Consolidated, Springer-Cocalis, Brandt, Moe Rosenberg, Ben Knobel and Strausberg-Leff. 20-Fox GB Deal Effective Monday Announcement that 20th Century- Fox will handle all Gaumont British business in America was made yester- day and the deal will go into effect Monday. Sidney R. Kent, 20th Century-Fox president, issued the following state- ment: "We have handled the physical distribution of Gaumont British for several years in this country. Natur- ally, there has been considerable du- plication of costs in this arrangement, so, under the new plan, we will be able to make several economies both for Gaumont British and ourselves." Arthur A. Lee, GB vice-president, may make a statement on his future plans early next week. He will not be associated with 20th Century-Fox under the new arrangement. Lee has a contract with GB which has about one year to go. Marquee Bills to Mayor Two bills which will permit nine- foot marquees instead of limiting them to two feet as they are under the present law were returned yesterday by the Board of Estimate to the Mayor's office for final action. The board refused to take jurisdiction over the legislation on the ground that no city appropriation was involved. Interstate Gives $70,000 to Refugees; Art Drive Opens Eleanor Roosevelt buys the first ticket from Jack Benny for the Motion Pic- ture Art Fund for German Refugees. Arleen Whelan and Shirley Ross are at left and Kitty Carlisle is at right. Mrs. Franklin D. Roosevelt yester- day inaugurated the ticket selling by the Motion Picture Art Fund for Ger- man Refugees by buying the first four tickets from Jack Benny. With Paramount and Universal newsreel camera crews in action, in a room on the ninth floor of the Para- mount Building, Benny told Mrs. Roosevelt he was happy to sell her the first 25-cent ticket to the art fund. The First Lady responded that she would be "happy to contribute." She handed Benny a dollar bill, thereby be- coming the possessor of three addi- tional tickets. Distribution Is Under Way Distribution is already under way of the expected total of 200,000 tickets for the drawing of art works contrib- uted by prominent artists. It is planned to hold the drawing Feb. 12 on the steps of the City Hall, with Mayor F. H. LaGuardia officiating. Four agencies for German refugee relief will benefit by $15,480.75, the sum collected through voluntary con- tributions by those attending the bene- fit premiere of "Pygmalion," spon- sored by Nicholas M. Schenck at the Astor Wednesday night. Interstate Collections Big Dallas, Dec. 8.— A total of $70,000 is estimated to have been collected in the refugee benefit performances held in all 137 Interstate Circuit houses. It is expected $10,000 will have been returned by Dallas theatres alone. Performances were held today in 14 theatres in Albuquerque and Fort Worth, and yesterday in 123 other Texas and New Mexico spots. The difficulty of checking on advance sales in outlying situations will make it im- possible to obtain a complete check. Boston Trans-Lux Benefit Boston, Dec. 8. — A. W. Lauder, manager of the Trans-Lux here, act- ing on instructions from Major Leslie Thompson, president, and Percy Furber, board chairman of the circuit, has placed 100,000 tickets at the dis- posal of several local charitable or- ganizations. The plan is designed to raise $25,000 for the relief of refugees from Germany. Oklahoma City Host To Johnston, Weeks Oklahoma City, Dec. 8. — W. Ray Johnston, Monogram president, and George W. Weeks, general sales man- ager, were guests of the city today at a special luncheon attended by Gov- ernor Marland, leading business men and film executives. Following the luncheon by the Chamber of Commerce, Johnston and Weeks visited the ranch of Major Gordon W. Lillie (Pawnee Bill), ac- companied by Cecil E. Maberry and Carr Scott, local Monogram branch heads. Present at the luncheon were the Griffith Brothers, Dinty Moore, T. B. Noble, Ralph Talbot, J. C. Hunter, Phil Isley, William Moran, A. B. Momand. The two expect to visit Tulsa as guests of that city after their stav here. A. F. A. and Theatres Talk Stage Contract Conference between Broadway the- atre executives and the American Federation of Actors was held yes- terday for discussion of demands by the union for a contract with houses which use vaudeville or stage shows. The union seeks a closed shop, $60 weekly minimum for principals, re- striction on rehearsal time, dues check-off system, chorus minimums. Attending yesterday's session were C. C. Moskowitz, Loew's; Major Thompson. RKO ; Jack Partington, Fanchon & Marco ; Irving Lesser, Roxy ; Robert Weitman, Paramount ; Frank Phelps, Warner, and Stanley Reid. of the Stanley Theatres. For the A.F.A., Harry Calkins, eastern organizer, and Charles Mosconi, treasurer, were present. Boston Gives 'Corner' Twin Run $20,000 Boston, Dec. 8. — Dual of "Just Around the Corner" and "Arrest Bull- dog Drummond" at the Fenway had the best take of the week, compajg*. tively. At the Paramount the V J took S11,000. Close behind were "Swing That Cheer" and "Drums" at the Keith Memorial, with $17,000 ; "The Citadel" and "Blondie" at the Loew's Orpheum, doing $16,000, and "Angels with Dirty Faces" and "Down on the Farm" at the Metro- politan, also taking $16,000. Estimated takings for the week end- ing Dec. 7: "Drums" (U. A.) "Swing Cheer" (Univ.) KEITH MEMORIAL — (2,970) (25c-3Sc- 40c-55c) 7 days. Gross: $17,000. (Average, J13.000) "Angels With Dirty Faces" (W. B.) "Down on the Farm" (20th-Fox) METROPOLITAN— (4,332) (25c-35c-40c- 55c) 7 days. Gross: $16,000. (Average, $12,500) "The Citadel" (M-G-M) "Blondie" (Col.) LOEW'S ORPHEUM— (2,907) (25c-35c- 40c-55c) 7 days. Gross: $16,000. (Average, S12.000) "The Citadel" (M-G-M) "Blondie" (Col.) LOEW'S STATE— (3,537) (25c-30c-40c- 55c) 7 davs. Gross: $10,000. (Average, $10,000) "Just Around the Corner" (20th-Fox) "Arrest Bulldog Drummond" (Para.) PARAMOUNT— (1,790) (25c-35c-40c-55c) 7 days. Gross: $11,000. (Average, $8,500) "Just Around the Corner" (20th-Fox) "Arrest Bulldog Drummond" (Para.) FENWAY— (1,382) (25c-35c-40c-55c) 7 days. Gross: $9,000. (Average, $4,500) 'Cowboy' $7,850 In Oklahoma City Oklahoma City, Dec. 8. — "The Cowboy and the Lady" did the best business here, with $7,850 at the Cri- terion. Dual of "The Mad Miss Man- ton" and "A Man to Remember" at the Liberty took a strong $4,000. "Girls' School" and "Romance of the Limberlost" at the State, and "The Young in Heart" at the Tower, were fair. Estimated takings for the week end- ing Nov. 30: "The Cowboy and the Lady" (U. A.) CRITERION— (1,500) (25c-35c-40c) 7 days. Gross: $7,850. (Average, $5,200) "A Man to Remember" (RKO) "The Mad Miss Manton" (RKO) LIBERTY— (1,200) (20c-25c) Gross: $4,000. (Average, $2,500) "Just Around the Corner" (20th-Fox) MIDWEST— (1,500) (25c-35c-40c) 7 days. Gross: $4,000. (Average, $4,500) "Girls' School" (Col.) "Romance of the Limberlost" (Mono.) STATE— (1,100) (20c-25c) 7 days. Gross: S3.500. (Average. $3,000) "The Young In Heart" (U. A.) TOWER — (1,000) (25c-35c) 7 days. 2nd week. Gross: $2,600. (Average, $2,500) days K-A-0 Votes Dividend Dividend of $3.50 per share on the seven per cent cumulative convertible preferred of Keith-Albee-Orpheum was declared by the company's board yesterday, payable Dec. 23 to holders of record on Dec. 19. The dividend, payable out of capital surplus, is for the quarters ended Dec. 31, 1935, and March 31, 1936. FAME The Audit of Personalities SCREEN RADIO CONCERT Now in preparation by the world-wide staff of Quigley Publications — edited by Terry Ramsaye NEW YORK . CHICAGO • LONDON • HOLLYWOOD killed with- out mercy... stole |, without fear ... till a boy touched the heart that bullets couldn't reach! 3M »8 JOHN CARROLL KAY LINAKER • MARTIN SPELLMAN CRAIG REYNOLDS Produced by E. B. DERR Directed by WILLIAM NIGH Associate Producer FRANK MELFORD Screenplay by JOHN W. KRAFFT Story by HARRISON JACOBS 0>N sr cot** 6o*%; M» wve^* «»o*N * HO? ^ **** OS A©1 ^Vi>etlvi<- 0\« n monocRnm picture OV" Alert, to the Picture Industry [MOT MOTION PICTURE DAILY First in 44. NO. 114 NEW YORK, MONDAY, DECEMBER 12, 1938 TEN CENTS AFRA Submits Network Base Pay Schedule Agency Group to Render Decision Dec. 22 Efforts of the American Federation of Radio Artists to obtain a contract for radio artists appearing in spon- sored network programs neared a climax over the weekend when the radio guild submitted to a committee of the American Association of Ad- vertising Agencies a contract govern- ing minimum artists' pay, and a code of fair practice. The 4-A's will ren- der its decision on Dec. 22. The standard contract provides that artists and announcers may not be dis- Additional developments in radio on page 5. charged, except for cause ; that play- ers and announcers may not be used except for live broadcasts unless the client or agency receives the approval of the artists and A.F.R.A. ; that the (Continued on page 5, column 2) Blumberg Is Due in New York on Friday Hollywood, Dec. 11. — Nate J. Blum- berg, president of Universal, will leave here on Tuesday for New York. He will arrive either Friday or Satur- day. Lubitsch Expected To Produce for UA That Ernst Lubitsch will produce for United Artists appears fairly certain. Dis- cussions are said to have reached a definite stage. If a deal is concluded, it may run for five years, under which Lubitsch perhaps would make at least one picture a year for United Artists distribu- tion. He would provide his own financing. Naturally, this Lubitsch deal cannot become effective this season. The indications are that a deal may be con- cluded whereby Lubitsch will join the United Artists ros- ter for the 1939-'40 program. Arbitration Will Be Up to the Exhibitors Exhibitors, themselves, are to de- termine whether it shall be arbitration or conciliation. The distributors, en- gaged in formulating trade practice reforms, are leaving it up to the ex- hibitors. Such exhibitor determina- tion may be had in January, at meet- ings of the various exhibitor groups to discuss terms of the draft on trade practice reforms, which is now be- fore them. Of course, once this is determined, the industry's next problem will be to set up the machinery for putting the reform in practice. That will consume considerable effort and time. As everybody knows, decisions are (Continued on page 8) Britain Anticipates Drought Of Own Films This Summer British production has slackened and England is faced with a drought of native-made films, in the summer. This view was brought back from England by John W. Hicks, vice-pres- ident in charge of foreign films for Paramount, who returned on the Aqui- tania, Friday, accompanied by David Rose, Par's boss of British production. Adolph Zukor leaves for London about Dec. 31. He becomes the liaison between Paramount's American and European operations, serving in a consultory and supervisory capacity. Post of managing director for Paramount, in London, is still held by Hicks, but he will relinquish this post as soon as the company decides upon a qualified permanent successor to John C. Graham, who resigned some weeks ago. David Rose has been abroad for three months, studying the London production side. He will present his views to the company board, while here, sailing back for England, next Saturday. Present plans are for Paramount to make seven quota films, if possible, for the coming year, and 10-12 films in London, for the year following. First on the schedule will be "French Without Tears," a double-quota film and "Hatter's Castle," by A. J. Cronin, a triple-quota product is also listed. C. J. Dickinson has been named gen- eral sales manager of Paramount Film Service, Ltd. MAJORS WILL SEEK BASIS FOR DECREE U. S. Firms Won't Yield to Italy; See Trick in Extension Despite Italy's decision to extend for six months the privilege of doing business in that country to four American distributors, the American companies will not yield, but will with- draw from Italy as soon as conven- ient. There has been no change in the status of these companies as regards Italy. Although, pro forma, a meet- ing in Paris will be held this week by continental managers of Ameri- can distributors, that meeting is ex- pected to bring about a reaffirmation of the American determination to withdraw from Italy. Trick in Italy's Decision There is a trick in Italy's decision to extend the privilege of doing busi- ness to four American companies- Columbia, RKO, United Artists and Universal — that is that these compa- nies have to convert their contracts at the expiration of this extended per iod, anyway. In June these four companies, under this new edict, must turn over their business to Rome on a flat rate basis, on terms dictated by Rome. This flat rate, a scheme by which Rome is try- ing to take away the distribution bus- iness of the American film companies, runs perhaps from 20 to 35 cents or. the dollar. It is understood that Rome is offering somewhere between 10, 000,000 and 20,000,000 lira flat for all the American business, while the American business runs to approxi- mately 100,000,000 lira a year. In American money that might mean, all told, about $4,000,000. Rome is offer- ing about $1,000,000 or less, according to estimate. Chicago Case Goes Over Until Jan. IS Chicago, Dec. 11.— Federal Judge Woodward on Friday took under ad- visement the motions for a bill of par- ticulars in the Government anti-trus' suit against Balaban & Katz and major distributors, and said he will act on the motions on Jan. 16. On the January date, the judge in- dicated, he also will set a time, for the filing of the answers. To Advise Government of Concessions Which They Can Make Within the next month, counsel for the major companies, defendants in the pending anti-trust suit in New York, will begin the preparation of terms which may form the basis for a consent decree in this suit. Natu- rally, this draft will embody all the considerations from the viewpoint of the companies. Block booking also will be covered in this plan on the basis that it is treated in the trade practice program. It is still questionable whether the Department of Justice will be amen- able to a consent decree which shall be lacking in provision for separation of exhibition from production and dis- tribution, and definite prohibition of block booking. Government Determined It had been previously indicated in Washington that the government's at- titude, insofar as divorcement is con- cerned, is inflexible — that the Gov- ernment is determined that there shall be divorcement. Some company counsel on occasions have indicated to the Government their clients' reluctance to yield on theatre divorcement. On the other hand there (Continued on page 4) Goldwyn Offered Shearer $250,000 That Norma Shearer, al- though offered $250,000 a film, plus 50 per cent of the profits by Samuel Goldwyn, pre- ferred a contract with Metro for two pictures a year at $150,000 a picture, plus a profit-sharing arrangement, was revealed in the trial of the minority stockholders suit against Loew's, before Justice Louis A. Valente, in the N. Y. Supreme Court Fri- day. It was also shown that the Metro payroll in the last few months had been reduced considerably. There were de- positions read at this trial by defense counsel, including those of Al Lichtman, David Bernstein, Louis B. Mayer. Edgar Mannix and former Federal Judge John R. Hazel. Judge Hazel was a former trustee of the old Film Se- curities Co. Monday, December 12, 1938 National Movement MOTION PICTURE DAILY 4 Purely Personal ► Insiders' Outlook FELIPE MIER, president of CISA, Spanish language film producer in Mexico, arrived here Saturday for conferences with the home office ex- ecutives at United Artists. • Gary Cooper, accompanied By his wife, returned from a month's vaca- tion in Europe on the Aquitania Fri- day. He starts work on his next Goldwyn picture, "The Last Fron- tier," in January. • Louise Rousseau, assistant to Frank Donovan, RKO Pathe pro- duction manager, will return about the end of the year from a nationwide tour visiting exhibitors. • W. A. Scully and F. J. A. Mc- Carthy of Universal returned to New York over the weekend from a tour of the company's southern ex- changes. • George Trendle of United Detroit Theatres returned to Detroit over the weekend after several days of confer- ences at the Paramount home office. • Karl Macdonald, Latin America supervisor for Warners, left last night on a week's business trip to Havana and Kingston. • James Mulvey, Samuel Goldwyn's eastern representative, returns from the coast today. • Sig Wittman, assistant to Eddie Alperson, is confined to his home with a cold. • W. G. Van Schmus, managing di- rector of the Music Hall, returned on Friday from a periodic visit to the coast. • Jean Benoit-Levy, director of "La Maternelle" and "Ballerina," leaves Paris this week for a New York visit. Dual "Wings" Premiere Warners will open "Wings of the Navy" at the U. S. Naval Stations at Pensacola, Fla., and San Diego, Cal., simultaneously, in February. 'Unreasonable' RKO Order May Be Eased Application for modification of an order calling for stock- holders to present their cer- tificates to the court upon fil- ing their approval of the Atlas reorganization plan for RKO was made Friday before Judge Bondy. He indicated that he would consent to modification unless that action should conflict with provisions of the Chandler Act. He termed the original order "unreasonable." All attorneys present con- sented to the application ex- cept John S. Stover, attorney for Ernest W. Stirn. He ob- jected on the ground that his client was the only one who had filed his consents prop- erly. IT S the cause that counts, and being called upon to appear at five benefits on the night of Dec. 15 for the relief of the German Jewish refugees, doesn't stop Grant Mitchell. On that evening he is to appear at the Hunts Point Palace in the Bronx; Audubon Ballroom, Bronx ; Bronx Winter Garden; Riverside Plaza and the Academy of Music, Brooklyn. That's some itinerary ! Mitchell is head of the Motion Picture Division of the Christian Committee for the Relief of Jew- ish Refugees. Hon. John J. Ben- nett, Jr., is chairman. T T Hans J. Mamlok, Jewish refu- gee from Germany, who was a professor and dental authority in Berlin, considers himself libeled in the anti-Nazi film, "Professor Mamlock" because in that Rus- sian-made picture the principal character in the story, whose name is similar to the former professor's, is portrayed as a Communist. The suit is now pending in the N. Y. Supreme Court. Mamlok seeks to enjoin distribution of the Amkino film. ▼ T Recent investigation by the N. Y. Department of Education in Albany shows that the aver- age secondary school pupil spends at least one-third of his spare time listening to the radio. T Y Terre Haute is quite excited about its legit season, more plays having been shown there this fall than in recent years, and the turnout has been pretty good. ▼ T To overcome the pre-Christ- mas slump, the Hamrick-Ever- green theatres in Seatle have organized their emploves in a "Good Will Club." Under that grouping the employes conduct an intensive personal ticket-sell- ing campaign among friends and acquaintances, with a prize of $50 offered to the one selling the largest number of tickets, and the tickets being good for any one of the circuit's five Seattle houses during Dec. 11-24. Special loge-seat service is offered pur- chasers of this kind of tickets. Y Y Seattle's making a fuss over the presence in that city of John Considine. Jr., Metro producer, because he was born there. Con- Duvst Sent to Coast By Int'l Projector Jack Durst of International Projec- tor Corp. has been assigned as fac- tory representative in Hollywood. Durst has been identified with the development of the new Simplex Four Star Sound Equipment. His experi- ence in the industry dates back to 1928. sidine is now in that northwest town obtaining atmosphere and location stuff for the picture, "Seattle," which he is to make for the company. It is a story about the Alaska gold rush days of 1898. T ▼ RCA Victor has a new broch- ure of music for the ballet on release. This brochure presents a lucid history of the ballet, in in addition to listing Victor re- cordings of such music. Richard Gilber is author of a treatise on the ballet for the booklet. The brochure's catalog of selections includes such works as Rimsky- Korsakov's "Scherezade," "Les Sylphides," Alexander Borodin's "Prince Igor" and Stravinsky's "L'Oiseau de Feu." ▼ T In Australia during 1938 there were only eight films produced, according to Department of Com- merce reports. British films were the chief competition to Ameri- can product. At the end of 1938 there were 1,371 theatres in the Common- wealth. Total seating capacity was 1,100,000. The Australian censors exam- ined 1,712 films in 1937. Of these 67.3 per cent, or 1,152, were from the United States. These figures include short subjects. Britain — 26.8 per cent, or 459; other countries exported to Aus- tralia 5.9 per cent, or 101. It will be _ remembered, of course, that British films come in duty free to Australia, while those of other countries are dutiable at eight pence a foot; that means about 1.6 cents ($0.16). It is on ac- count of this duty that only American negatives are shipped to Australia, the positives being made in that country. T ▼ Apparently unwilling to assume the burden of provinsr the consti- tutionality of the Ascap regula- tory measures in Colorado, the- atre managers in Denver are not pressing any action at this time which, of course, means that no- body else will try to introduce an anti-Ascap bill in that legislature. Presumably those Denver theatre men want to see how such pro- hibitory laws are handled in other states. That's why they are be- ing cautious now. "Waltz" Test Finals At Waldorf Tonight National finals of M-G-M's "Great Waltz" contest to determine the best amateur waltz couple will be held to- night at the Waldorf-Astoria with the entire proceeds going to the Red Cross. Winning couples from the 12 zone contests will compete for a three- month contract at the M-G-M studios. For Nazi Boycott Started on Coast Hollywood, Dec. 11. — President Roosevelt and Congress will be peti- tioned by some 20 to 30 million people to declare an economic boycott against Germany if a movement started 1 by a group .of outstanding motwd picture figures proves successful. Meeting at the home of Edward G. Robinson, some 60 stars, writers, di- rectors and producers made a prelimi- nary draft of the petition which will be given national circulation through theatres, clubs, churches and schools for additional signatures. The peti- tion calls for dissolution of all eco- nomic connection with Germany through embargo and boycott. The meeting was presided over by Melvyn Douglas. Others who attended and signed the anti-Nazi petition in- clude Paul Muni, Bette Davis, Fred Astaire, Joan Bennett, Claudette Col- bert, Gale Sondergaard, John Crom- well, George Cukor, Miriam Hopkins, Rosemary Lane, Anatole Litvak, Aline McMahon, Robert Montgomery, Groucho Marx, John Ford, Fay Bain- ter, Ginger Rogers, Claude Rains, Martha Raye, Gloria Stuart, Jack L. Warner, Walter Wanger, and Carl Laemmle. Move "Wreckage" Suit Albany, Dec. 11. — Legal action of Cinema Service Corp. to compel the N. Y. censor board to issue an exhibi- tion license for "Human Wreckage," social hygiene film, has been trans- ferred to the Appellate Division by Justice Francis A. Bergan of the state Supreme Court, in accordance with the precedent set last year in a simi- lar action involving licensing of "To- morrow's Children." G N in AP Building Educational and Grand National moved into their new consolidated headquarters in the recently completed Associated Press Building in Radio City over the weekend. Educational vacated the Paramount Building, where its home office has been for more than 10 years. MOTION PICTURE DAILY {Registered U. S. Patent Office) MARTIN QUIGLEY, Editor-in-Chief and Publisher; SAM SHAIN, Editor; JAMES A. CRON, Advertising Manager. Published daily except Saturday, Sunday and holidays by Quigley Publishing Com- pany, Inc., Martin Quigley, president; Colvin Brown, vice-president and treasurer. Publication office: 1270 Sixth Avenue at Rockefeller Center, New York. Telephone: Circle 7-3100. Cable addresss: "Quigpubco. New York." All contents copyrighted 1938 by Quigley Publishing Company, Inc. Address all correspondence to the New York office. Other Quigley publications : Motion Picture Herald, Better Theatres, Teatko al Dia, International Motion Picture Almanac and Fame. BUREAUS: — Hollywood : Postal Union I-ife Building. Vine and Yucca Sts.; Boone Mancall, manager: William R. Weaver, editor. Chicago: 624 S. Michigan Ave., C. B. O'Neill, manager. London: 4 Golden Square W- 1:„faWe address, Quigpubco, London; Hope Williams, manager. Entered as second class matter Sept. 23.' 1938, at the post office at New York, N. Y under the act of March 3, 1879. Subscription rates per year $6 in the Americas and $12 foreign. Single copies 10c. I OUI I DUKE OF EST POINT UIS HAYWARD • TOM BROWN HARD CARLSON • ALAN CURTIS JOAN FONTAINE • c»*d b, ALFRED E. GREEN final Stfnplay br GEORGE BRUCE EASED THRU UNITED ARTISTS step 's ^ the oi tbe ***** ■1** oi MOTION PICTURE DAILY Monday, December 12, 1938 Hidden Clause in U. S.-Canada Pact Cuts Negative Tax Toronto, Dec. 11. — A hidden clause in the trade agreement between the United States and Canada has brought a hitherto unannounced reduction in the Canadian duty on film negatives imported from the States from 32]/2 to 27J/2 per cent. This concession was not realized at the time the pact was signed at Washington when general details were revealed because of the ambiguous wording of the clause gov- erning the importation of negative films. The actual description, as taken from the agreement, reads : "Manufac- tures of pyroxylin plastics, or of which pyroxylin plastic is the component of chief value." According to experts of the Cus- toms and Excise Divisions of the De- partment of National Revenue, this means exposed negative films, among other things, and accordingly the film industry in the Dominion gains an- other benefit under the pact which will become effective Jan. 1. This change is comparable with the reduction in duty on positive prints from three cents to 2J4 cents per linear foot. The special three per cent excise tax is also to be removed, of course. No change has been made in the Canadian tariff on imports of 16 mm. films from the U. S., which remains at 20 per cent ad valorem. Metro Gets Xmas Bill at Music Hall Another Metro picture will play the Music Hall during Christmas Week. It is "Christmas Carol." This is the third Metro film to play the Music Hall this season. It is not unlikely that before the season expires other Metro pictures will play the Music Hall. These deals have no effect on the Capitol, Broadway, which is operated by Loew's. The transactions with the Music Hall on individual pictures are entirely separate deals, distinctly un- related to the Capitol Theatre, or Loew's operation of same. Majors Will Seek Basis for Decree (.Continued from page 1) are certain defendants who are now trying to determine how to accomplish divorcement on their end. The pur- pose of such a draft as that which is to be prepared, it is understood, is primarily to furnish a starting point from which negotiations can be pur- sued toward achieving a final settle- ment of the case and a formal consent decree, which shall be feasible to the defendants and meet the Government's demands at the same time. It is understood that submitting such a draft or the preparation of the same commits the defendants to noth- ing. In receiving such a draft and discussing it with the defendants, the Government is not committing itself. Completion of the industry's trade practice program may speed and sim- plify the work of preparing an initial draft for Washington's perusal on the trust case. Marcus Loew Holders In Dividend Protest Toronto, Dec. 11. — Shareholders of Marcus Loew's Theatres, Ltd., hold- ing 698 shares of preferred stock, have entered protests to the officers of the company to what is declared to be in- adequate liquidation of arrears in divi- dends on the stock, which now amount to $38.50 per share following the cur- rent payment of $3.50 for the half- yearly period ending Sept. 30, 1934. In a letter, it is pointed out that working capital was built up from $14,926 to $264,999 in the period from Jan. 2, 1932, to Aug. 26/1937, during which time a substantial amount was spent on redecorating, it is declared. No dividends were paid for many years up to June 30, 1934. Mono. Adds New Office New Haven, Dec. 11. — Monogram Pictures has opened new offices in the Film Building, with Philip Sherman as manager. Nat Furst will be at the office monthly. Hold Alterman Rites Funeral services were held Friday for Herman Alterman, brother of Jack Alterman, owner of the Savoy, Jamaica, L. I. Two other brothers, Samuel and Louis, survive. Whale Wants Junior Fairbanks in Picture James Whale, director, has talked with Douglas Fairbanks, Jr., about taking a role in "The Man With the Iron Mask" which was once played by Douglas Fairbanks, Sr., in silent days. Both returned on the Aquitania Friday. Whale goes to the coast next week to direct the film for Edward Small, U. A. producer. Canada ITA Accept 1939 Royalty Fees Toronto, Dec. 11. — Independent Theatres Association of Canada have not prepared any objections to the proposed schedule of fees to be im- posed against theatres in 1939 by the Canadian Performing Right Society, as no change had been made by the musical copyright body for theatre li- cense rates for the coming year. The annual fee for theatres scales up to 15 cents per seat. Broadcasting stations, hotels and other places of amusement entered complaints before the Federal Copy- right Appeal Board Friday, however, because of substantial increases in fees for performance of musical works, and these were taken under advisement by the board. Censor British Reel London, Dec. 11. — British Censor Board yesterday refused an exhibition certificate for "England Expects — ," a topical reel concerned with bombing of British ships by Spanish national- ists. Cuts were demanded, but the dis- tributor has threatened to screen the film in the West End, Monday, re- gardless. Womersley for C. E. A. London, Dec. 11. — Sir Walter Womersley, assistant Postmaster Gen- eral, will be guest speaker at the C. E. A. banquet here Tuesday. Rangers to See "Duke" Lester Patrick and his New York Rangers hockey players will be ac- corded a special preview showing of Ed Small's "Duke of West Point" at United Artists Preview Theatre to- night. yes-rep- day 235 M£W VCrARS BOOK IN/ 65 WEET HEART, (»4S -Bxe n-C-n lunette Mac Donald Detroit Goes for "Angels" and "Get" To Tune of $20,000 Detroit, Dec. 11. — Michigan did well with the double bill, "Angels with Dirty Faces" and "Hard to Gef-^. for a take of $20,000. "Submar Patrol" gave the Fox $16,000. Sec< ond week of "Out West with the Hardys" drew $7,000 at the United Artists. Estimated takings for the week end- ing Dec. 9 : "Dark Rapture" (U.) "The Road to Reno" (U.) ADAMS— (1,700) (15c-40c) 7 days. Gross: $4,300. (Average, $5,000) "Submarine Patrol" (2©th-Fox) FOX — (5,000) (20c -65c) 7 days. Stage: Don Cummings, Boy Foy, Dorn Bros, and Mary, Rhythm Pals, Armin Franz, The Biltmorettes. Gross: $16,000. (Average, $20,000) "Angels with Dirty Faces" (W. B.) "Hard to Get" (W. B.) MICHIGAN— (4,000) (20c-65c) 7 Gross: $20,000. (Average, $15,000) "Mars Attacks the World" (U.) "Prison Train" (Col.) PALMS-STATEr-(3,000) (15c-50c) 7 days. Gross: $5,300. (Average, $6,000) "Out West with the Hardys" (M-G-M) UNITED ARTISTS— (2,000) (20c-50c) 7 days, 2nd week. Gross: $7,000. (Average, $10,000) days. 'Angels' and 'Girls' ,400 in Seattle Seattle, Dec. 11. — "Angels with Dirty Faces," dualled with "Meet the Girls" at the Orpheum, took a strong $7,400 to lead the way. "The Young in Heart" and "Service de Luxe" was good for $7,600 at the Fifth Ave., and "Flight Into Nowhere" and "Kid Mouthpiece" at the Palomar took $5,900. Estimated takings for the week end- ing Dec. 9: "Stablemates" (M-G-M) "Touchdown Army" (Para.) BLUE MOUSE— (950) (30c-40c-55c) 7 days. 4th week. Gross: $3,000. (Average, $4,000) "The Young in Heart" (U. A.) "Service de Luxe" (Univ.) FIFTH AVENUE— (2.500) (30c-40c-55c) 7 days. Gross: $7,600. (Average, $7,000) "Drums" (U. A.) LIBERTY— (1,800) (20c-30c-40c-55c) 7 days, 3rd week. Gross: $3,900. (Average, $5,000) "The Shining Hour" (M-G-M) "Road Demon" (zOth-Fox) MUSIC BOX— (950) (30c-40c-55c) 7 days, 2nd week. Gross: $3,300. (Average, $4,000) "Angels With Dirty Faces" (F. N.) "Meet the Girls" (20th-Fox) ORPHEUM— (2,450) (30c-40c) 7 days. Gross: $7,400. (Average, $6,000) "Flight Into Nowhere" (Col.) "Kid Mouthpiece" (Rep.) PALOMAR— (1,500) (15c-25c-35c-40c) 7 days. Major Bowes' "Rodeo Rhythm" unit on stage: Gross: $5,900. (Average, $5,000) "If I Were King" (Para.) PARAMOUNT— (3,050) (30c-40c) 7 days, 2nd week. Gross: $6,200. (Average, $6,000) Pre-Holiday Slump Hits B'way Grosses Broadway houses continued slow in the pre-holiday lull. Bad weather also affected grosses. "Just Around the Corner" grossed an estimated $25,000 at the Roxy. Second week of "Angels With Dirty Faces" drew an estimated $42,000. It will continue for four weeks. "The Cowboy and the Lady" grossed an estimated $71,000 in its second week at the Music Hall, and "The Great Waltz" did an estimated $26,000 at the Capitol. Monday, December 12, 1938 MOTION PICTURE DAI IY RADIO AFRA Submits Basic Network Pay Schedule Kai-Shek's Station Is Now Heard Here San Francisco, Dec. 11. — Station XGOX, new Chinese Government station at Chungking, new capital of Chiang Kai-Shek, may now be heard daily in the United States at 9 A.M., E.S.T., in English, French and Chinese, according to word received here by Chinese Consul-Gen- eral C. C. Huang. N.A.B. Will Discuss Program Code Today Washington, Dec. 11. — Recommen- dations of the committee which met in New York last week to develop a set of program standards for the radio industry will be considered by the National Association of Broad- casters at a meeting tomorrow. It is expected that suggestions for a broad code developed at the meeting will be approved by the N.A.B. At the committee meeting in New York were President Neville Miller, N.A.B. president ; Lenox H. Lohr, NBC; Edward Klauber, CBS; Theo- dore Streibert, KGIR ; and Paul Mo- rency, WTIC. Others sitting in at the meeting were Frank Mason, NBC ; Gilson B. Gray, CBS, and Andrew Bennett, Ed Spence and Ed Kirby, of the N.A.B. WCPO of Cincinnati Plans Hamilton Hour Cincinnati, Dec. 11. — WCPO, Cin- cinnati Post station, inaugurated a series of "Hamilton Hour" commer- cial programs today, sponsored by merchants and manufacturers of near- by Hamilton, O., to be aired from 3 to 4 P. M. Sundays. Transcrip- tions of Hamilton juvenile talent will be featured, with five-minute plugs for each of the sponsors. William F. Holland Agency handled the account. Erpi Offers New "Mike" Erpi is putting on the market a new Western Electric microphone which is said to give the pick-up engineer positive control over the direction of sound. The instrument has been tested in coast studios and is said to have won approval of engineers. It is a development of the Bell Labora- tories. Shoe Firm in KGO Deal San Francisco, Dec. 11. — Fifty- two week deal for six quarter-hour musical programs a week has been signed with KGO, Blue network out- let, by the Feltman & Curme shoe chain. The shows will feature Will Aubrey, singing "Bard of the Byways." Harshbarger Quits NBC Hollywood, Dec. 11. — Dema Harsh- barger has resigned as head of NBC's artists' service here after three and a half years. No successor has been named. Harshbarger, who established the artists' bureau for NBC here, plans to retire. (Continued from page 1) client and agency must defend actors and announcers from civil or criminal suits arising from their appearances in the show, and- pay all charges and judgments arising from such suits. In its code of fair practice, A.F.RA. stipulates that it will keep its union open and admit to membership all eligible radio artists ; asks for a closed shop status in that agencies may em- ploy only artists who are members of A.F.R.A.; that all disputes will be subject to arbitration ; that only stand- ard A.F.R.A. artists' contracts are to be used by the agencies ; that the agencies do not transfer their respon- sibility to the artists to a third party. It provides that the contract, if it receives 4-A approval, is to remain in effect until January IS, 1940. Covers All Talent Fees for actors are provided as fol- lows : $15 for 15-minute programs, or less, and an additional $10 for re- broadcasts ; $25 for programs of 16- 30 minutes, and $12.50 additional for re-broadcasts ; $35 for programs of 31-60 minutes, and $17.50 additional for re-broadcasts. For rehearsals, actors are to receive $6 per hour for the first hour, and $3.50 per half- hour thereafter. Auditions by actors are to be paid for at one-half the broadcast fee, and rehearsal time for auditions is to be paid for at the same rate as for a regular engagement. Singing Group Schedule Payments for singing groups are covered as follows : Groups of nine or more voices : $14 each member of group for a 15-min- ute program or less and $7 additional for re-broadcast ; $16 each for pro- grams of 16-30 minutes and $8 addi- tional for re-broadcast ; $18 each for programs of 31-45 minutes and $9 additional for re-broadcast ; $20 each for programs of 46-60 minutes and $10 additional for re-broadcast. Re- hearsals with orchestra, and coaching- rehearsals are to be paid for at a $4 per hour fee, and $1 per quarter-hour thereafter. Groups of five to eight voices : $24 each for 15-minutes or less and $12 additional for re-broadcast ; $28 each for programs of 16-30 minutes and $14 additional for re-broadcast; $32 each for programs of 31-45 minutes and $16 additional for re-broadcast ; $36 each for programs of 46-40 min- utes and $18 additional for re-broad- cast. Rehearsal fees for groups of this number are to be the same as paid to the larger group. Groups of two to four voices : $30 each for 15-minutes or less and $15 additional for re-broadcast ; $35 each for programs of 16-30 minutes and $17.50 additional for re-broadcast; $40 each for programs of 31-45 min- utes and additional $20 for re-broad- casts ; $45 each for programs of 46- 60 minutes and additional $22.50 for re-broadcast. Rehearsal fees for this group are to be $5 per hour for the first hour and $1.25 per quarter-hour thereafter. List Soloists' Pay Fees for soloists are provided as follows : Payment of $40 for programs of 15 minutes or less and $20 additional for re-broadcast; $50 for programs of 16- 30 minutes and $25 additional for re- broadcast ; $60 for programs of 31-45 minutes and $30 for re-broadcast ; $70 for programs of 46-60 minutes and ad- ditional $35 for re-broadcast. For orch- estra rehearsals, soloists are to receive $6 for the first hour and $1.50 per quarter-hour thereafter. Auditions by soloists are to be paid for at half the regular broadcast fee, and the same for rehearsals for auditions. The contract further specifies mini- mum working conditions for singers. Any re-broadcast performance must begin within 24 hours of the original broadcast to be considered a re-broad- cast, otherwise the first-performance fee prevails. Further, no rehearsal is to be considered as less than an hour in duration except such rehearsals as are called immediately before or after a performance. However, singers may be required to stand by 15 minutes be- fore a performance without payment of rehearsal fee. Also, orchestra re- hearsals for singers may not be divid- ed into more than two sessions ; there must be a five-minute rest period in each hour in rehearsals lasting more than an hour ; individual members of singing groups cannot be discharged save for cause as long as the group remains on a program, or for 13 weeks, whichever is less; where a member or members of a group are required as soloists, applicable scale is to be paid. Announcers' Payment Scale of payment for announcers is as follows : Pay of $15 for programs of 15-min- utes or less, with $10 additional for re-broadcast; $25 for programs of 16- 30 minutes, with $12.50 additional for re-broadcast ; $35 for programs of 31- 60 minutes, with $17.50 additional for re-broadcast. For rehearsals, announcers are to receive $6 per hour. Rehearsals for programs in excess of 15 minutes may be held in two sessions. Where an an- nouncer is engaged for a program for a guaranteed term of not less than 13 weeks on a 15-minute program broad- cast three times or more a week, the following compensation is provided: Three times a week, $50 weekly, and $25 extra for re-broadcast ; four times a week, $60 weekly and $30 extra for re-broadcast ; five times a week, $75 weekly and $32.50 extra for re-broad- cast ; six times a week, $85 weekly and $42.50 extra for re-broadcast. Rehearsal Time Included In instances such as the above, a weekly rate of 45-minute rehearsal time is included. Also, provision is made for announcers to receive $10 per announcement for network commer- cial cutins. For auditions, the contract stipulates that announcers are to re- ceive half the broadcast fee ; rehearsals at the regular fee. The 4-A's were represented by 10 members. Representing the various artist guild units were Eddie Cantor, president of A. F. R. A. ; Ken Thomp- son, executive secretary of the Screen Actors' Guild ; Bert Lytell, vice-presi- dent of Actors Equity ; Fredric March of the S. A. G. ; Lawrence Tibbett, president of American Guild of Musi- cal Artists, and Emily Holt, Henry Jaffee and George Heller, executive secretary, attorney, and national treas- urer, respectively, of A. F. R. A. Displays in Studio Philadelphia, Dec. 11.— WPEN here has opened its 650-seat auditorium to its sponsors and is now allowing them to place displays in various sections of the hall as an added service. WCLO, WLS Plan Program Interchange Janesville, Wis., Dec. 11. — Affilia- tion of WCLO, Janesville, and WLS, Chicago, providing for an interchange of programs, has been effected. The latest addition to the local sta- tion is Harry Burge, announcer, for- merly with WLW, Cincinnati. Other members of WCLO's staff of an- nouncers are Mona Aspinwall, John Dixon, Joe Wilson and Ruth Guil- foyle. Harrington Is Named Agency's Radio Head Tom Harrington, manager of Young & Rubicam's Hollywood office, has been named director of radio for the agency, succeeding Dan Stauffer, who has resigned. Harrington will take up his new duties on Jan. 1 in New York. Trammell Omaha Speaker Omaha, Dec. 11— Niles Trammell, NBC executive vice-president, will address the Omaha Advertising Club on Dec. 13 at a "radio night." Guests will be 200 Omaha sponsors and ad- vertisers on WOW, KOIL, KFAB and WAAW. FCC Calendar Washington, Dec. 11. — Applica- tions for authority to construct two new stations have been filed today with the Federal Communications Commission. The applications disclosed that Joseph A. Lattimore plans a 1,370- kilocycle station at Shelby, N. C, with 100 watts power night, 250 watts day, and Martin K. Calaway and Harry S. Hooper propose a 1,320- kilocycle, 250-watt day station at Marysville, Cal. An increase in night power from 1,000 to 5,000 watts was asked of the commission by KSCJ, Sioux City. Dates for hearings on broadcasting cases were set by the commission as follows : Dec. 15: WLW, Cincinnati, for extension of super-power license. Jan. 13 : Applications of Charles Greenblatt for a 1,190-kilocycle, 250- watt limited time station at Bridge- port, and WTHT, Hartford, for in- crease of day power from 100 to 500 watts. Feb. 7 : Applications of Monocacy Broadcasting Co. for a 1,140-kilocycle, 250-watt daytime station at Rockville, Md. ; Vincennes Newspapers, Inc., for a 1,420-kilocycle, 100-watt station at Vincennes, Ind., and KTAT, Fort Worth, for authority to move to Wichita Falls and increase day power from 1,000 to 5,000 watts. >mes 5b i§d\ AVAILABLE NOW . . WARNER BROS.' ACTION PACKED PRE XMAS FOLLOW UP TO ANGELS AND BROTHER RAT! MOTION PICTURE DAILY Monday, December 12, 1938 Coast Talks Show Wages and Hours Touches All Help Hollywood, Dec. 11. — By far the larger number of studio employes are within the Federal Wage and Hour law's provisions because of a 40-hour maximum work week obtained by office employes' associations in bar- gaining agreements with the studios some time ago, Pat Casey, producers' labor contact, indicated here. Casey estimated that not more than 200 workers here would be affected by the outcome of the current conferences of studio representatives and attor- neys being held to determine which employes come under the law. Despite this, however, he said four or five more meetings would be necessary to complete the work, due largely to the different classifications which indi- vidual studios give employes engaged in the same work. Decision Reserved On duPont Motion Federal Judge Alfred C. Coxe on Friday reserved decision on the mo- tion of duPont Film Mfg. Co. for a temporary stay to restrain Pathe Film Corp. from transferring duPont stock to Pathe common stockholders under the proposed dissolution of Pathe. DuPont contended that under the terms of its contract with Pathe, transfer of the duPont stock was re- stricted. In an affidavit opposing the motion, O. H. Briggs, Pathe presi- dent, stated that the association of Pathe and duPont has not been one of cooperation and mutual assistance, but that Pathe's interests frequently have been disregarded, -"contributing to the losses of Pathe in its processing laboratory business." A "hostile attit- tude" has been one of the contributing causes of the proposed dissolution," the affidavit said. He claimed the company was being dissolved to pre- serve the assets and save over $1,- 000,000 in taxes. Arbitration Will Be Up to the Exhibitors (.Continued from page 1) enforceable, under arbitration, while under conciliation, there exists no au- thority to make decisions effective. Ed Kuykendall, M.P.T.O.A. presi- dent, saw Sidney R. Kent, president of 20th Century-Fox, and leader of the distributors' group, prior to the latter's departure for California, on company business. The exhibitor lead- er offered no comment regarding his talks with Kent. Kuykendall also left town, but ex- pects to return to New York early in January for resumption of trade prac- tice discussions with distributors. Allied States representatives and representatives of unaffiliated exhibi- tor organizations are also expected then. SO. CALIF. I. T. O. TO MEET Hollywood, Dec. 11. — Directors of the I. T. O. of Southern California and Arizona met Friday to discuss the proposed trade agreement. Federation Lunch Tuesday; Cantor Fetes Bernie Dec. 19 Amusement Division of the Federa- tion for the Support of Jewish Philan- thropic Societies, under the chairman- ship of David Bernstein and Major Albert Warner, will hold a report meeting at the Astor to- morrow noon. Progress in the campaign to raise $225,000 will be heard. The amount to be raised this year is substantially more than last because of the increase in budgetary re- Eddie Cantor quirements. A highlight in the division's efforts will be the luncheon in honor of Ben Bernie, sponsored by Eddie Cantor, at the Astor Dec. 19. A committee of 50, representing every branch of the amusement field, is working with Can- tor for the success of the luncheon. Members of the committee will take part in the report session tomorrow. Serving with Cantor on the commit- tee are : Willard Alexander, Ben Boyer, Herman Bernie, Donald Flamm, Harry Kaufman, Sam Lyons, Jesse Block, Sid Piermont, Jules Ziegler, William Morris, Marvin Schenk, Johnny Shubert, Jack Von Tilzer, Charles Yates, Barney Bala- ban, Nate J. Blumberg, Jack Cohn, Commissioner Paul Moss, George J. Schaefer, Joseph M. Schenck, Harry Engel, Carleton Hubb, Mark Leddy, Arthur S. Lyons, Annie Laurie Wil- liams. Also Phil Baker, Eddie Duchin, Benny Goodman, George Jessel, Abe Lyman, Dave Rubinoff, Sam Saxe. Louis Sobol, Sophie Tucker, Ed Wynn, Harry Brandt, William Brandt, Leo Brecher, Harry Kalcheim, Harry Mayer, Jules C. Stein, Ted Friend, Noah L. Braunstein, Lou Brecher, Hy Gardner, Billy Rose, Herman Stark, Jack Alicoate, Maurice K. Kahn, Mar- tin Quigley, Sid Silverman and Roy Norr. U.A. Stockholders Will Meet on Coast United Artists will hold its annual shareholders' meeting, on the Coast, in January. There was a board meet- ing, here, Saturday. Alexander Korda attended this meeting, prepara- tory to leaving for Hollywood. Korda arrived on the Aquitania from Eng- land, Friday. Mechanics of the com- pany's profit sharing plan for non- owner producers was again discussed at the board session, and likely ap- proved informally, if not finally. With Korda, from England, this time, there has come C. H. Brown, his British counsellor. In Hollywood, Korda will lay the plans for his coming American pro- duction, which may be "Pocahontas," with Merle Oberon. He expects to return to London, around the close of the month, sailing from here, Jan. 20. In June or July he may again come to America. Four other films which are planned include "Four Feathers," now in pro- duction and expected to be completed in March, the first ; "Thief of Bagdad" and Kipling's "Jungle Book," both with Sabu, in addition to another film with Miss Oberon. Milwaukee Council Approves Film Study Milwaukee, Dec. 11. — The Com- mon Council has authorized its presi- dent, Harry J. Devine, to appoint a committee of five citizens to consider reducing long film programs which may be harmful to the health of chil- dren and adults. The committee also will consider the elimination of crime and sex pictures. The committee will work separately from the motion picture commission. The council has approved appoint- ment to the commission by Mayor Daniel W. Hoan of E. J. Kluckow, Charles Trampe and Mrs. J. C. Buck- land for four years. Schaefer Will Leave Hollywood Tomorrow George J. Schaefer will leave the coast for New York tomorrow and will return west late in January. Schaefer is scheduled for election to the board of M. P. P. D. A. at the quarterly meeting Wednesday. 20th-Fox Men Set To Start Five-Day Coast Sales Meet Hollywood, Dec. 11. — 20th Cen- tury-Fox distribution personnel ar- rived here today to attend the com- pany's five-day convention which opens at the Ambassador Hotel M' *\ day. J Chief among the topics to be taken up by division and district managers is the Sidney R. Kent sales drive. Previewing of completed and partially completed product will be interspersed among the sales conferences, over w hich Herman Wobber, general sales manager, will preside. Joseph M. Schenck, Darryl Zanuck, William Goetz and Sol Wurtzel will outline production plans and policies to the men. In all, about 30 sales officials and President Sidney R. Kent and other home office executives will attend. Highlight of the week on the semi- social side will be the formal pre- view of "Kentucky" at the Carthay Circle, Wednesday, followed by h for- mal dinner at the Trocadero to be given by Schenck. Zanuck and Goetz for the conventioneers and Gover- nor A. B. Chandler of Kentucky. Ask Non-Flam Briefs London, Dec. 11. — The Film Advis- ory Committee has invited the Cine- matograph Exhibitors Association and the Sub- Standard Cine Association to submit briefs on the non-flam situa- tion next month. Vetective Mel tmjtks she looks swell t her eyes ?-he'd like^fu Knew kind green, or hazel, or even brown Ji/s* the black-and-blue kind! *» OUGIAS . RUCE THERE'S THAT WOMAN AGAIN ALEXANDER HALL • 111 \ i\\ MOTION PICTURE DAILY NEW YORK, TUESDAY, DECEMBER 13, 1938 Alert, Picture Industry j)L. 44. NO. 115 Exhibitors Get 25% Rejection In South Wales Up from W/i%; Quota to Remain at 3% Exhibitors' rejection privilege has been increased from 12^4 to 25 per cent under the terms of a new film quota law passed yesterday by the legislature of New South Wales. The increase is seen in distribution circles here as presenting a serious problem, since exhibitors thus may reject one- quarter of a distributor's product. The quota on American films in the Australian state remains the same as heretofore, three per cent. American companies have made no attempt up to this, time to follow the quota regula- tion, on the advice of their attorneys that the quota provisions were un- constitutional, but it is understood the new law overcomes that situation. It provides that the three per cent must (Continued on page 4) In Ownership Fight On Mexican Station Mexico City, Dec. 12. — American- owned radio station, XEPN, at Pied- ras Negras, across the border from Eagle Pass, Tex., is in a state of siege, as W. E. Branch, president, is holding the fort as the result of a conflict over the ownership of the station. Fox, Kranze Here on Schine Dinner Plans Phil Fox and G. B. Kranze ar- rived here yesterday from Gloversville to complete arrangements for the testi- monial dinner to Meyer and Louis Schine, which will be held at the Ten Eyck Hotel, Albany, next Monday. The two are in charge of arrange- ments for the affair. Harry Hershfield will be toastmas- ter at the dinner and Louis Nizer one of the principal speakers. Broadway entertainers are being lined up by M. N. Grassgreen, chairman of the en- tertainment committee, for the pro- gram which will follow the dinner. Transportation arrangements have been made by Ralph Pielow for two special trains, one leaving New York at 4:30 P.M., the other from Buffalo at 1 :30 P.M. The Gloversville dele- gation will be picked up at Fonda by the latter train. Radio — Page 11 Wm. Fox Subpoenaed In Loew Stock Suit William Fox will be sub- poenaed to testify by minor- ity stockholders in connec- tion with their pending suit against Loew's, Inc., now be- ing tried in the N. Y. Su- preme Court before Justice Louis A. Valente. At yester- day's hearing, Bernard Reis, accountant, testified with ref- erence to his study of Loew books. Para. Devises Negative Film For Telecasts Paramount has developed a special soft-tone process negative for pictures to be used in television broadcast, upon the assumption that such soft- tone product will prove superior in telecasting to the black-and-white. The company is preparing to ex- periment in telecasting this special process film on Jan. 15. Whether the new blend film, a kind of sepia tint, or mauve color, will eventually outlaw the black-and-white, and replace the latter for television, can't be detailed. Investigation by Paramount's tele- vision experts seems to have con- vinced them that the black-and-white product is not as good as the softer toned product for television. The experimental broadcasts which are to be undertaken on film by Para- mount will serve a two-fold purpose, in that it will test the use of the new (Continued on page 4) Oklahoma City, Dec. 12. — The Oklahoma State Supreme Court has held that a night watchman shot while on duty is entitled to workmen's com- pensation payments, but that a motion picture projectionist burned in a pro- jection booth is not. The court affirmed an industrial order calling Dolese Brothers Co. to pay $9.23 a week compensation to John D. Pardue, night watchman at the company's rock crusher near Bro- mide, Okla. Pardue was felled by a shotgun blast fired by an unknown assailant. The court set aside a compensation award of $3,125 to Albert George George Burns in Plea of Guilty of Smuggling Charge George Burns, of the comedy team of Burns & Allen, pleaded guilty in the Federal Court here yesterday to two indictments which charged him with smuggling. Sentence was de- layed until after the trial of Albert N. Chaperau and Paula Gheyskens, who were indicted with him. Burns was paroled in the custody of his attorneys and he left for the coast last night. The indictments became known when Judge William Bondy opened sealed true bills which had been voted by the Grand Jury last week. Burns, who was present in court, stepped for- ward and pleaded guilty to all counts. The charges relate to receiving, concealing and transporting jewelry (Continued on page 4) High Court Denies Steelman's Appeal Washington, Dec. 12. — U. S. Su- preme Court today dismissed the ap- peal of Hiram Steelman, trustee in bankruptcy for William Fox, from the Third Circuit Court of Appeals decision holding that the All-Continent Corp. was not within his jurisdiction. Steelman's appeal was another move in the long drawn out campaign to secure access to the books of All-Con- tinent, owned by Fox's wife, which the trustee claims is the personal cre- ation of the Fox family and created by William Fox, who transferred all his assets to it before the bankruptcy was initiated. The court made no explanation of its action. Johnson at the rate of $10 a week for burns he suffered while operating a projection machine for Oscar Berry, owner of the Fox at Ardmore. Okla. Johnson claimed permanent total dis- ability of his right hand and partial disability of the left. Six justices concurred in the opin- ion that state laws do not class occu- pation in the theatre industry as haz- ardous employment an^ the fact that there were electric motors, generators and projectors present does not class- ify a projection booth as a workshop which would bring it within the Ok- lahoma workmen's compensation laws. First in Impartial TEN CENTS 6 Plays Bought In Nov.; None On BVay List 12 Companies Acquire 59 Properties in Month Broadway was ignored by the film companies, in the purchase of stories for films, during November. There were six plays bought in that month but none is from the current legit crop. Altogether, 12 producing firms bought 59 story properties last month. Of these 34 are original stories. There are six published novels among the group. The biggest buyer was Metro-Gold- wyn-Mayer, which purchased five originals, one novel, two plays and 12 magazine yarns. Universal purchased 11 manuscripts, nine originals and two novels. War- ners bought three plays, two original stories, one novel and one magazine story. Paramount bought five stories and RKO and Columbia, each, purchased three. Tri-Art, 20th Century-Fox, Republic, Monogram each bought two. United Artists and a company known as Collective Film Producers each purchased one. Warners bought the following plays : "Barber of New Orleans," by Edward Child Carpenter; "Footsteps in the (Continued on page 4) Allied of Northwest Vote Pact Rejection Minneapolis, Dec. 12. — Recommendation that the national board of Allied States reject the industry trade practice program in its present form was voted by members of Northwest Al- lied at a meeting here over the weekend. Action was taken by the members over the opposition of W. A. Steffes, a member of Allied's negotiating com- mittee which helped to com- plete the draft. Steffes, who for years headed the North- west Allied unit and is still regarded as an exhibitor leader for this territory, urged acceptance of the draft on the grounds that it would provide immediate benefits for all exhibitors. The national Allied board is scheduled to meet and act on the trade program Jan. 18. Injured Night Guard Gets Award: Denied Boothman 2 MOTION PICTURE DAILY Tuesday, December 13, 1938 Insiders' Outlook B'way Play Flood Falls Below Hopes 4 Purely Personal ► GOV. A. B. CHANDLER of Ken- tucky and party will be luncheon guests of Louis B. Mayer today at that M-G-M coast studio. In the party will be Mrs. Chandler and their daughters, Marcelly and Mil- dred; Lieut. Gov. and Mrs. Keene Johnson, Mayor Wilson of Lex- ington, Mayor and Mrs. Scholtz of Louisville. • H. A. Ross, president of Ross Fed- eral Service, returned to the home of- fice after a six-week trip through the west. Americo DiTullio, national supervisor, and Harold Lund, dis- trict manager, returned to the field yesterday after a short visit here. • William J. Quinn, formerly man- ager of the Astor and Mayfair, and at one time head of RKO Theatres personnel department, has been named manager of the new Normandie Theatre. • Joseph Mankiewicz, M-G-M pro- ducer, arrived yesterday for a brief vacation here. "A Christmas Carol," his latest production, opens at the Music Hall next week. • Lucien Hubbard's first production under his new M-G-M contract will be "Wings Over the Desert," an orig- inal screen play by Harold Buckley. • Clifford B. Ross is now the father of a second son, Stephen, born at the New Rochelle Hospital. • Harry Charnas, who flew to Cleveland to attend the funeral of his brother-in-law, Jesse Fishman, is spending two weeks there. • David Rose, Paramount British production supervisor, plans to leave New York on the Queen Mary Fri- day for London. • Russell Moon, for some time at the Veterans Hospital, Kingsbridge Road, is on the mend there from his recent illness. • Sam Marino, producer and director, is the father of a girl born yesterday at the Jewish Memorial Hospital in Brooklyn. • Leo Spitz is in New York, having returned from Chicago over the week- end. MITCHELL MAY, Jr. CO., INC. • INSURANCE Specializing in requirements of the Motion Picture Industry 75 Maiden Lane, New York 510 W. 6th St. Los Angeles NEVILLE MILLER, presi- dent of the N.A.B., at the Variety Club dinner Sun- day night in Philadelphia, speak- ing for radio, said that radio wants the same freedom of ex- pression which is accorded the press, religion and assembly. It wants the free exchange of ideas. It does not want what they are having in Europe — it does not want censorship. Presumably, Lenox R. Lohr, president of NBC, is thinking along similar lines. Stating the policy of the network, he de- clares: "There is no NBC pol- icy preventing discussion of con- troversial subjects during its sustaining periods. On the con- trary, we invite discussion of controversial subjects in which the public may have an interest and furnish our facilities gratis for discussion by responsible per- sons on both sides of a ques- tion." T T Prof. G. W. Norvell, State Department of Education, has called upon educational systems through the country to recognize the potentialities of motion pic- tures for "good and evil." He likens motion pictures as closely allied to literature and feels that fiction films and historical films could easily be employed in the classroom. T T Alfred Segal, Cincinnati Post columnist, is writing a series of programs for WCKY, which will start on that station, Christmas Day. T ▼ M-G-M claims capacity audi- ences at every performance of "Pygmalion" to date. Week- end attendance brought the total of ticket sales to 26,500 for the four days since the picture's opening. Because of the unusual character of the production and its attendant marketing problems the business being done by the picture at the Astor is being watched with interest through- 20th-Fox Deal Fails to Affect GB in Canada Toronto, Dec. 12.— The deal by which 20th Century-Fox takes over distribution of G.B. product in the United States, will have no effect on the distribution of G.B. films in Can- ada, it was declared here. The films have been distributed in the Dominion for five years by Em- pire-Universal Films, Ltd., in which N. L. Nathanson, president of Famous Players Canadian Corp., has a con- trolling interest. This arrangement is to continue for the 1938-'39 season and the contract will undoubtedly be ex- tended, it is declared. out the trade as a guide to fu- ture policy for both this type of production and the selling methods. ▼ T Clarke Robinson's second novel, "Behold This Woman," (God- win) is a story of pre-war soci- ety at Newport and the various horse-breeding spots of America. It deals with the murder of a prominent society leader and the romance of his daughter. Robinson is the author of 100 short stories and articles. His first novel was "Fate Is a Woman." T T Philadelphia Variety Club's annual banquet and entertain- ment for the aid of infantile paralysis victims which was staged in the Bellevue Stratford, Saturday, drew 1,200 showmen and guests. William E. Dodd, former Ambassador to Germany, was the principal speaker. Other guests included Governor Rich- ard McMullen of Delaware ; Harold G. Hoffman, former Gov- ernor of New Jersey, and Ne- ville Miller, N.A.B. president. George Jessel was toastmaster and Joe E. Lewis, master of cere- monies. William Clark was named the tent's new chief barker. ▼ ▼ Denver public schools are go- ing into production as well as exhibition. They expect to make five films of local character to be used in visual education courses. The American Council on Edu- cation in Washington is sending Charles F. Hoban, Jr., and F. E. Brooker to assist in the ser- ies. The films will be available to civic bodies, as well as the schools. T T "Duke of West Point" is a picture the kids will hug to their bosoms and which delivers a patriotic boost for America deserving to be screened every- where. Eight New Pictures Get Legion Approval National Legion of Decency for the current week approved all of the eight pictures reviewed and classified. Of those approved, five were found unob- jectionable for general patronage and three for adults. The new films and their classification follow : Class A-l, Unobjectionable for Gen- eral Patronage — "Frontiersman," "Lit- tle Orphan Annie," "Peck's Bad Boy with the Circus," "The Sunset Trail," "While New York Sleeps." Class A-2, Unobjectionable for Adults — "Dis- barred," "Dramatic School," "Sacri- fice d'Honneur." Early season expectations for legiti- mate plays on Broadway have failed to materialize. Only 20 plays remain on the boards. Of these, "Sing Out the News" has suspended perform- ances until Christmas Eve, and two more, "Great Lady," and "Victor" Regina" are due to close Saturday. openings are scheduled for this week. Only 13 original plays which opened this season are destined to continue with the remainder holdovers from last season's hits and revivals. Open- ings since Nov. 1 totaled 16 and five survive. The rest closed with an average of eight performances apiece. A rush of openings is expected to begin next week when five are set and it may continue well into the new year. However, out-of-town tryouts and financial difficulties will probably reduce this number considerably. Efforts to induce film companies to invest in Broadway productions continue. Another meeting between officials of the Dramatists' Guild and Jake Wilk, Warner story editor, will probably be held this week but al- though considerable progress has been made, nothing definite has been de- cided. Republic Sets Deal With Lucas & Jenkins Republic has closed a deal with the Lucas and Jenkins circuit, involving 37 theatres in Atlanta and surround- ing Georgia towns. Carl Floyd, At- lanta manager, arranged the deal after J. B. Grainger, Republic president, started negotiations for it. Republic in Australia plans a "Gor- don Ellis Month" sales drive during January, when Ellis, managing direc- tor, will visit the home office. Edward Hudson Buys Exchange in Seattle Seattle, Dec. 12. — James O'Neal has sold his General Film Attractions Corp., a state-right distributing ex- change, to Edward Hudson of this city. Hudson, a local newsreel cameraman, has appointed Arthur Bushell as manager of the company. MOTION PICTURE DAILY (Registered U. S. Patent Office) MARTIN QUIGLEY, Editor-in-Chief and Publisher; SAM SHAIN, Editor; JAMES A. CRON, Advertising Manager. Published daily except Saturday, Sunday and holidays by Quigley Publishing Com- pany, Inc., Martin Quigley, president; Colvin Brown, vice-president and treasurer. Publication office: 1270 Sixth Avenue at Rockefeller Center, New York. Telephone: Circle 7-3100. Cable addresss: "Quigpubco, New York." All contents copyrighted 1938 by Quigley Publishing Company, Inc. Address all correspondence to the New York office. Other Quigley publications : Motion Picture Herald, Better Theatres, Teatro al Dia, International Motion Picture Almanac and Fame. BUREAUS: — Hollywood: Postal Union Life Building, Vine and Yucca Sts. ; Boone Mancall, manager: William R. Weaver, editor. Chicago: 624 S. Michigan Ave.,eC. B. O'Neill, manager. London: 4 Golden Square, W. 1: cable address, Quigpubco, London; Hope Williams, manager. Entered as second class matter Sept. 23, 1938, at the post office at New York, N. Y„ under the act of March 3, 1879. Subscription rates per year $6 in the «HUCK" FINN . u-loved chat- Oneofthemost»> ica,s «°°st bv °eraU^nthescieae: in Paramo^ ETEGTlVE. For Paramours « fty„ D°nalys Mark Twain s O'Connor, P« he-s never barefoot yo-g^ BiUy Cook been P*aved, „ „a, -Tom." *»* P^''HUf:fcnrSe,s«rronnas Paramount, ot tarsWlth these t«osaref« {{Vce favor- a tyP-a» cast of b ^ MOTION PICTURE DAILY 4 1937 Canada's Biggest Film Year Since '30 Attendance at 134,374,061, Receipts $32,499,300 Toronto, Dec. 12. — Attendance at film theatres of Canada reached the highest point since 1930 and revenue was the greatest since that peak year, report for the 12 months of 1937 by the Department of Trade and Com- merce shows. Paid admissions at the 1,047 theatres last year totaled 134,- 374,061 as compared with 127,441,574 for the previous year, while receipts mounted to $32,499,300 against $29,- 610,300 for 1936 and $37,479,500 for the all-time record in 1930. The annual payroll for 1937 was reported at $5,627,300, compared with $4,928,700 for the previous year when the number of theatres in operation was 959, or 88 less than on Dec. 31 last. In 1935, the number of theatres in the Dominion was 862, so the in- crease for the two years was 185. Ontario headed the list of Provinces with receipts in 1937 of $14,457,000 for 356 theatres, compared with revenue of $12,888,400 in 1936. All provinces showed gains in receipts with the ex- ception of Saskatchewan, where grain production has been hard hit by drought, the revenue for the Prairie Province dropping to $1,351,000 from $1,369,300. The expenditure for film entertain- ment per person in British Columbia was $4.82 in 1937 compared with $4.31 in 1936 and $6.05 in 1930, this being the highest figure for any section of the Dominion. The average per person in Ontario was $3.90 last year and $3.49 in 1936. With 88 new theatres coming into operation, seating capacity was in- creased by 35,410 to 601,611 one year ago, according to the Government statistics. The 1,047 theatres were given a physical valuation of $67,538,- 400 for property and equipment, the average theatre valuation being $64,500. Motiograph Names Davee Lawrence W. Davee has been named eastern sales manager of Motiograph, Inc., by Joseph B. Kleckner, president. Obituaries Benjamin Fey Seattle, Dec. 12. — Benjamin W. Fey, 64, owner and operator of Fey's Theatre in Renton for many years, died here after a brief illness. He came to Seattle in 1919 and operated the Madison here until 1925, when he moved to Renton to open the New Renton Theatre. He is survived by his widow and a son, Erwin. Ken McGaffey San Francisco, Dec. 12. — Ken Mc- Gaffey, 53, who was Mary Pickford's first press agent, died here of a heart attack after an illness of six weeks. For the past four years he served as advertising and publicity manager for the Golden Gate Theatre here. Holmes to Head Americanization Unit at Warners Jack Holmes will head the new Americanization department at War- ner Bros, studio, which will work in cooperation with American Legion posts and other patriotic associations, with regard to the showing of histor- ical short subjects. Holmes will work under the supervision of Bob Tap- linger, studio publicity head. Holmes will make a tour in con- nection with this new activity and will contact various organizations around the country, who are desirous of screening the Warner historical shorts to bring the history of the country visually and directly to the citizenry. The three Warner brothers, Harry, Jack and Major Albert, are intensely and personally interested in this new patriotic film move and are lending their personal assistance to the cause. "Lincoln in the White House" is the next patriotic release, and will have its premiere at the Radio City Music Hall. Others are "The Man With- out a Country," "Romance of Louisi- ana," "Give Me Liberty," "Song of a Nation." 6 Plays Bought in Nov., None B'way (Continued from pane 1) Dark," by Bernard Merivale and Jeffery Bell, and "Elizabeth the Queen," by Maxwell Anderson. Metro bought "Dulcy," by George S. Kaufman and Marc Connelly, and "Madame Pompadour," a foreign musical. Paramount purchased "The Cat and the Canary," by John Willard, from Universal. "The Cat and the Canary," it is un- derstood, was bought by Paramount as a vehicle for Bob Hope and Martha Raye, while Warners may be intend- ing to use Errol Flynn in "Barber of New Orleans." Warners are also un- derstood to be planning to cast Bette Davis and Errol Flynn in "Elizabeth the Queen." Metro's magazine story purchases included a series of eight known as the "Henry" stories by W. S. Tuttle. The novel which Warners purchased is "All This and Heaven, Too," by Rachel Field. Bette Davis is men- tioned for the chief role. Twentieth Century-Fox purchases were "Life of Alexander Graham Bell," an original by Ray Harris, to feature Loretta Young and Don Ameche ; and "Shooting High," which will be produced by Sol Wurtzel as a musical film with Tony Martin, Joan Davis and Marjorie Weaver. Para. Devises New Film for Telecast (Continued from page 1) process film and at the same time prove the feasibility of DuMont Lab- oratory's television equipment. Para- mount owns a substantial equity in DuMont. These experimental broadcasts with film by Paramount will be telecast from the DuMont laboratories in New Jersey to points within a 50-mile radius. Waltz Champs! Winners of the grand prize in M-G-M's "Great Waltz" contest, finals of which were held at the Waldorf-Astoria last night, were Mr. and Mrs. Charles Smith, of Brooklyn. They triumphed over 11 couples, preliminary winners in 12 zones throughout the country. The grand prize winners get a three month Metro contract. Terms are not revealed. Katherine Budel and Herman Bodendorfer, of Los Angeles, runners-up, re- ceived a cup. George Burns Pleads Guilty in Smuggling (Continued from pane 1) after it had been smuggled into the country. The jewelry was valued at $4,885 and had allegedly been smug- gled on three occasions between Jan- uary, 1936' and May, 1938. Joseph T. Delany, assistant U. S. Attorney in charge of the case, de- clared that additional evidence would be presented to the Grand Jury which would involve nationally known fig- ures, but it was not revealed whether other film figures would be brought in. Burns was represented by three at- torneys, William J. Donovan, Walter N. Thayer and Carl E. Newton. After the hearing, a statement by Lloyd Wright, his Los Angeles coun- sel, was issued, as follows : "Mr. Burns has entered a plea of guilty to the misdemeanors charged in the indictment. While he had no pur- pose or intent to offend against the laws of the United States, he has been advised that the circumstances of this case indicate violations of the customs laws with respect to some novelty jewelry which Mr. Burns purchased in New York City. For that reason, upon being advised of his indictment, he flew here from California to enter his plea and submit to the jurisdiction of the court." Burns has continued his weekly broadcasts from the coast and has made his appearances here after plane trips from Hollywood. 5 Directors Renamed At Warners Meeting Wilmington, Del., Dec. 12. — Five directors of Warner Brothers Pictures were reelected at the annual stock- holders meeting here today. They are Stanleigh P. Freidman, Samuel Car- lisle, Charles S. Guggenheimer, Mor- ris Wolf and Sam E. Morris. Hold- over members are Harry M. Warner, Albert Warner, Jack L. Warner, Joseph Bernhardt, Robert W. Perkins and Waddill Catchings. File Dallas Appeals With Supreme Court Appeals in the Federal conspiracy action against Interstate and Texas Consolidated circuits and major dis- tributors have been completed and filed with the U. S. Supreme Court in Washington, Paramount attorneys reported yesterday. The appeal per- iod was to have expired tomorrow. Case has been placed on the high court's calendar for hearing during the first week in January but may not be reached until the following week. Tuesday, December 13, 1938 London Films' Net Profit for Fiscal Year Totals $3,780 London, Dec. 12. — London Film Productions (Alexander Korda) re- ported a net profit of $3,780 for its last fiscal year. The company's actual profit was $82,530, before deductio^ of $78,750 to compensate for cancella- tion of a corporate contract. London Films will hold 10 shares of $5 par stock in the new Denham- Pinewood studio combine. This new studio company has been formed with a capitalization of $3,750,000. Control will be in the hands of Prudential Assurance, financial backer of London Films, indicating that the latter may be in charge of operations through its financial connection. In consideration for the transfer of London Films' assets to the new studio company, the latter will assume cer- tain London Films' liabilities, chief among which are $1,500,000 of first mortgage debentures and $2,750,000 of bonds outstanding. London Films' inventories of com- pleted films and its interest in other productions was placed in the financial report at $6,809,270. Exhibitors Get 25% S. Wales Rejection (Continued from page 1) be produced in Australia, and that after 1939 a decision "'ill be made on the future figure. The new law also provides for the formulation of a new standard exhibi- tion contract, drafts of which are al- ready being written by distributor and exhibitor groups, and calls for the es- tablishment of a Film Commission to decide on applications for new theatre construction, among other things. The new law will be effective on the signature of the premier, which is ex- pected shortly. Gordon Ellis, executive of Greater Union Theatres, is due here shortly to discuss the relations between Ameri- can distributors and Australian ex- hibitors and producers. It is pointed out as at least possible that other Australian states may follow New South Wales in the matter of film legislation, since that state, most important in the country, is generally the leader. U. S. Catholics Renew Film Legion Pledges Legion of Decency pledges were renewed by Catholics in more than 18,000 churches in the United States last Sunday. National headquarters of the Legion here reported that no official estimate was available of the total number of persons who took the pledge but indicated that it would ap- proximate the total number of Catho- lics in this country. Powell, Blondell Finish Hollywood, Dec. 12. — Under the amicable settlement reached with Warners over the weekend, Dick Powell, whose seven-year contract had two months to go, will leave the lot on finishing work in "The Professor Steps Out" this week, and Joan Blon- dell will follow on completing "Broad- way Cavalier" around Christmas. THE BIGGEST THEATRE IN THE WORLD MAKES AN IMPORTANT DECISION! The largest house, the greatest grosser in the world, with the pick of pictures chooses the attraction for its most valuable playing time, Christmas week It's M-G-M's soul-stirring Charles Dickens masterpiece A CHRISTMAS CAROL it A superb production of Charles Dickens' immortal classic. The Holiday offering par excellence Tremendous human punch! Real heart interest!" —FILM DAILY 'Exploitable, timely, beautiful Dickens' immortal story'is drama surprise of the year!" — JAY EMANUEL PUBLICATIONS "Touches the heart deeply. Will delight and mellow youngsters and oldsters alike for the holiday mood ond should be a Yuletide cleanup at the b.o." —DAILY VARIETY 'It belongs in thespecial treatclass. It should make the box-office bloom with health. Its message is one of happiness. It's the tops." —HOLLYWOOD REPORTER Charles Dickers' "A Christmas Carol" wilh Reginald Owen, Gene Lockbart, Kathleen Lockhort. Terry Kilburn, Barry Mackay. Lynne Carver. Screen Play by Hugo Butler. A Metro-Gotttwyn-Moyer Picture. Directed by Edwin L. Marin. Produced by Joseph L Monkiewicz.- Thrills for a thousand movies, plundered for one mighty show! MOTION PICTURE DAILY Hollywood Preview "Swing, Sister, Swing" {Universal) Hollywood, Dec. 12. — Desirous of cashing in on the "jitterbug" craze, Universal pressed into production "Swing, Sister, Swing," a story of a group of "hepcats" and "Alligators" whose dance takes the coun- try by storm. The "jitterbug" revels are superimposed on a background of show business and Broadway, with the accompanying factual and fictional heartbreaks. Heading the cast are Ken Murray, as an impecunious Broadway press agent, Johnny Downs, Kathryn Kane and Eddie Quillan as three small town pals who go to New York to start a dance craze; Ernest Truex as the New York dancing teacher who sponsors the routine as his "creation," and Ted Weems and his orchestra. Others in the cast are Edna Sedgwick, Nana Bryant, Esther Howard, Herbert Heywood and Clara Blandick. Joseph Santley directed from the screen play of Charles Grayson. Burt Kelly, associate producer, wrote the original story. Exploitation campaigns should be aimed at the youngsters and the oldsters of the nation who a. e "in the groove," of whom there are many. Lured to New York to exploit their dance creation, "The Baltimore Bubble," Miss Kane, Downs and Quillan make an agreement with Truex and Murray to split the "take." Soon they go on a national tour and, returning to New York after the craze dies out, split up. Downs prefers to remain and try his luck again. His new dance step fails, and he returns to join his friends in his home town. Running time, 63 minutes. "G."* Vance Kixg 8 Phila. Gives 'Hardys" Big $18,000 Gate Philadelphia, Dec. 12. — "Out West With Hardys" won $18,000 and a holdover at the Stanley. The stage- screen show at the Earle also clicked nicely with $18,000. "Up the River" was the film and the stage had Phil- lips Lords' radio "Gang-Busters" and "Stuff" Smith's Orchestra. Estimated takings for the week end- ing Dec. 8: "Cowboy and the Lady" (U.A.) ALDIXE— (1,300) (40c-55c-65c-75c>. 7 days. 2nd week. Gross: $9,500. (Average, 58,160) "The Great Waltz" (M-G-M) ARCADIA — (600) (25c-40c-55c). 7 days. Gross: S3,200. (Average, S2.800) ' Spring Madness" (M-G-M) BOYD— (2.400) (40c-55c-65c). 7 days. Gross: S9.000. (Average. S14.000) "Up the River" (20th-Fox) EARLE — (2,000) (40c-55c-65c). 6 days. Stage: Stuff Smith band; "Gang- Busters." Gross: S18.000. (Average. $14,000) "Angels With Dirty Faces" (W.B.) FOX— (3,000) (40c-55c-65c-75c), 7 days. 2nd week. Gross: S16.000. (Average. S14.000) 'Pecks Bad Boy With Circus" (RKO) KARLTOX— (1.000) (25c -40c -55c). 2 days. Gross: S350. "Robin Hood" (W.B. revival). 5 days. Gross: $2,000. (Average. 7 days. $4,000) "Submarine Patrol" (20th-Fox) KEITH'S — (2.000) (25c-40c-55c). 7 days. Gross: $2,600. (Average. $4,000) "Out West With the Hardys" (M-G-M) STANLEY— (3.700) (40c-55c-65c). 7 davs. Gross: $18,000. (Average. $14,000) "Storm Over Bengal" (Rep.) STANTON— (1.700) (25c -40c -55c). 7 davs. Gross: $4,500. (Average, $7,000) * "G" denotes general classification. Tavolara in Frisco San Francisco, Dec. 12. — Louis G. Tavolara, former executive for Fox West Coast Theatres has been named manager of the El Capitan here. Nelson Unit Helps "Room" to $16,000 Take in Cleveland Cleveland, Dec. 12. — Ozzie Nelson with Harriet Hilliard on the RKO Palace stage with "Room Service" on the screen was the best draw of the week at $16,000. It was the only bill to better average. "The Young in Heart" at Loew's State did $12,000. "Angels with Dirty Faces" in its second week at Warners' Hippodrome took $10,000. "Out West with the Hardys" at Loew's Stillman came up with S5,000. Estimated takings for the week end- ing Dec. 9 : "Giris On Probation" (W.B.) 5 days "Secrets of a Nurse (Univ.) 4 days ALLEX — (3.000) (30c-35c-42c). 9 days. Gross: $3,000. (Average, for 7 days. $4,000) "Angels With Dirty Faces" (W.B.) WARNERS' HIPPODROME— (3.800) (30c- 35c-42c), 7 davs. 2nd week. Gross: $10,000. (Average. $12,000) "Service De Luxe" (Univ.) RKO PALACE — (3.100) (30c -42c -55c), 7 davs. Stage: Ozzie Nelson. Harriet Hilliara and Co. Gross: $16,000. (Average. $15,000) "The Young In Heart" (U.A.) LOEW'S STATE— (3.500) (30c-35c-42c), 7 days. Gross: $12,000. (Average. $13,000) "Out West With the Hardys" (M-G-M) LOEW'S STILLMAN — (1.900) (30c-35c- 42c). 7 days, 2nd week. Gross: $5,000. Average. $5,000) King Replaces Evans Montreal, Dec. 12. — M a u r i c e Evans, who cancelled an arrangement with the Canadian Broadcasting Corp. to play the lead in "Hamlet," last of the CBS Shakespeare series, Dec. 18, has been replaced by Dennis King. James Hone Injured Seattle, Dec. 12. — James M. Hone, executive secretary of the MPTO of Washington, suffered broken ribs and other injuries in an automobile crash here. Tuesday, December 13, 1938 "Take It" Is $7,500 Top in Minneapolis Minneapolis, Dec. 12. — In its sec- ond week at the Orpheum, "You Can'/ Take It With You" was high grossel with $7,500. "The Great Waltz" in : nine days got $7,000 at the Century, while "The Shining Hour" was good for $5,500 at the State. In St. Paul, top money getter was -| "The Great Waltz" with $4,500 at the Orpheum, with "The Shining Hour" doing 54,400 at the Paramount. Estimated takings for the week end- ing Dec. 9 : Minneapolis : "Sharpshooters" (20th-Fox) "Adventures in Sahara" (Col.) "Tcrchy Gets Her Man" (W.B.) "The Last Express" (Univ.) ASTER — (900) (15c-25c). 7 days, split week. Gross: $1,500. (Average, $1,500) "The Great Waltz" (M-G-M) CENTURY — (1,600) (25c-40c). 9 days. Gross: $7,000. (Average, for 7 days, $4,000) "Hard to Get" (W.B.) GOPHER— (990) (25c), 7 days. Gross: $2,800. (Average, $3,000) "You Can't Take It With You" (Co:.) ORPHEUM— (2.900) (25c-40c). 7 days, 2nd week. Gross: $7,500. (Average, $4,800) "The Shining Hour" (M-G-M) STATE— (2.300) (25c-40c), 7 days. Gross: I $5,500. (Average. $4,400) "Moonlight Sonata" (Maimer) WORLD — (400) (25c-55c). 2nd 7 davs. Gross: $2,200. (Average, $1,600) St. Paul: "The Great Waltz" (M-G-M) ORPHEUM — (2.000) (25c-40c), 7 days. Gross: $4,500. (Average. $3,200) "The Shining Hour" (M-G-M) PARAMOUNT— (2.500) (25c-40c). 7 davs. Gross: $4,000. (Average, $4,400) "I Am the Law" (Col.) RIVIERA— (1.000) (25c), 7 days. Gross: S2.400. (Average, S2.400) "Sharpshooters" (20th-Fox) "Tarnished Angel" (RKO) TOWER — (1.000) (25c). 7 days. Gross: SI .800. (Average, $1,600) "Return of the Scarlet Pimpernel" (U.A.) WORLD— (400) (25c-35c), 7 days. Gross: SI. 200. (Average, $700) 'Cowboy' Clicks in New Haven $5,900 New Haven, Dec. 12. — "Cowboy and the Lady" and "His Exciting Xight" led at the Roger Sherman with a $5,900 take. Second week of "Out West with the Hardys" and "The Mad Miss Manton" pulled $3,600 at the College. The Loew-Poli, with "There Goes My Heart" and "Spring Madness," and the Paramount, with "Thanks for the Memory" and "Time Out for Mur- der" were hit by the pre-holiday lull. Estimated takings for the week end- ing Dec. 9 : "Out West With the Hardys" (M-G-M) "The Mad Miss Manton" (RKO) COLLEGE— (1.499) (35c-50c). 7 davs. 2nd week. Gross: $3,600. (Average. $2,500) "There Goes My Heart" (U-A.) "Sprinj? Madness" (M-G-M) LOEW-FOLI — (3.040) (35c-50c), 7 days Gross: $7,500. (Average. SS.0O0) "Thanks for the Memory" (Para.) "Time Out for Murder" (20th-Fox) PARAMOUNT— (2.348) (35c-50c), 7 davs. Gross: $3,500. (Average. $4,400) "Cowboy and the Lady" (U.A.) "His Exciting Night" (Univ.) ROGER SHERMAX— (2.200) (35c-50c). 7 days. Gross: $5,900. (Average. $4,700) T he mystery's curious! T he comedy's furious! he gal's brains? -just SPURIOUS! -R "R _ ft. -t R v. — © "SO *- if* »R . s ■*» © a- "© ^ a © © ^ C •Si JS I55 <©jg © eo © d C **N >w £3 cd v> « § s o 3 "Ml ■a S U 2 d to M^1-1 ^ . n fe E *Jh K cd ^ "2 » o <"5 ■8|S s^o~ cd CO Q CO 'ft! .22 ^ So"? i" u o >7 ■ to ^ . «o CO ' WARNERS Hard to Get (G) (C) Dick Powell de Havilland Torchy Gets Her Man (G) (D) Glenda Farrell MacLane Nancy Drew, Detective Bonita Granville John Litel Angels with Dirty Faces (G) (D) Cagney O'Brien "Dead End" frit* Comet Over Broadway Kay Francis Ian Hunter Heart of the North Dick Foran Gloria Dickson Secret Service of the Air Ronald Reagan John Litel Ila Rhodes The Dawn Patrol Errol Flynn Rathbone Going Places Dick Powell Anita Louise Devil's Island Karloff UNIVERSAL Exposed (G) (C) Glenda Farrell Otto Kruger Prairie Justice (O) His Exciting Night (C) Charles Ruggles Ona Munson Mars Attacks the World Larry Crabbe Jean Rogers Little Tough Guys in Society (G) (C) Boland Auer Horton •Strange Faces (G) (D) Dorothea Kent Frank Jenks Andy Devine Secrets of a Nurse (G) (D) Helen Mack Edmund Lowe Swing, Sister, Swing Ken Murray Ghost Town Riders (O) Newsboys Home Jackie Cooper Wendy Barrie Last Warning Foster -Jenks < D The Young in Heart (G) (C) Gaynor Fairbanks, Jr. Goddard Cowboy and the Ladv (G) (C) Cooper Oheron Trade Winds Fredric March Joan Bennett Duke of West Point Louis Hayard Joan Fontaine 20TH-FOX Always in Trouble (G) (C) Jane Withers Jean Rogers (914) Just Around the Corner Shirley Temple Charles Farrell ■ (915) Sharpshooters (G) (D) Brian Donlevy Lynn Bari (916) Submarine Patrol (G) (D) Richard Green Nancy Kelly Preston Foster (909) Road Demon (G) (D) Henry Arthur Joan Valerie Henry Armetta (918) Up the River (G) (C) Tony Martin Phyllis Brooks (924) Down on the Farm (G) (C) Jones Family (920) Thanks for Everything Menjou Oakie (917) Kentucky Loretta Young Richard Greene (923) While New York Sleeps Michael Whalen (922) RKO RADIO Lawless Valley (G) (O) George O'Brien (981) Annabel Takes a Tour (G) (C) Lucille Ball (908) Law West of Tombstone (G) (O) Harry Carey Jean Rouverol (909) Peck's Bad Boy at the Circus Tom Kelly (G) (C) Next Time I Marry Lucille Ball James Ellison (910) The Great Man Votes John Barrymore Peter Holden Pacific Liner McLaglen Chester Morris W endy Barrie REPUBLIC I Stand Accused (G) (D) Robt. Cummings Helen Mack Rhythm of the Saddle (G) (O) Gene Autry Storm Over Bengal (G) (D) Patric Knowles Rochelle Hudson Santa Fe Stampede (G) (O) Orphans of the Street Come On, Rangers (G) (O) Roy Rogers Mary Hart Western Jamboree (O) Gene Autry Smiley Burnette Red River Range 3 Mesquiteers Federal Man Hunt Fighting Thoroughbreds Ralph Byrd Mary Carlisle Robert Allen Shine On, Harvest Moon Roy Rogers Mary Hart PARA. Illegal Traffic (G) (D) /. Carroll Naish Mary Carlisle If I Were King (G) (D) Colman Rathbone Thanks for the Memory (G) (C) Bob Hope Shirley Ross Butterworth Say It in French Ray Milland Arrest Bulldog Drummond Little Orphan Annie (G) (C) Ann Gillis Robert Kent Ride a Crooked Mile Farmer Erikson T amir off The Frontiersman (G) (O) William Boyd (3856) One Third of a Nation Sylvia Sidney Tom Sawyer, Detective Artists and Models Abroad Jack Benny Joan Bennett King of Chinatown Anna May W ong T amir off MONOGRAM Gangster's Boy (G) (D) Jackie Cooper Robert Warwick Gun Packer (O) Jack Randall Gang Bullets Anne Nag el Song of the Buckaroo (O) Tex Ritter I Am a Criminal John Carroll Mary Kornman Wild Horse Canyon (O) Jack Randall Tough Kid Frankie Darro M-G-M The Great Waltz (G) (M) Luise Rainer Fernand Gravet Miliza Korjus (908) Spring Madness (G) (D) Lew Ayres Burgess Meredith The Shining Hour (A) (D) Crawford Sullavan Douglas Out West with the Hardys Lewis Stone Mickey Rooney Flirting with Fate (G) (C) Joe E. Brown Leo Carrillo uramatic School Rainer Goddard Alan Marshall A Christmas Carol Reginald Owen Terry Kilburn The Girl Downstairs Tone Goal Connolly Sweethearts MacDonald Nelson Eddy Stand Up and Fight Robert Taylor Wallace Beery Florence Rice COLUMBIA In Early Arizona Bill Elliott Dorothy Gulliver Adventure in Sahara Paul Kelly Lorna Gray Blondie (G) (C) Penny Singleton Arthur Lake Terror of Tiny Town Jed Buell's Midgets Rio Grande (O) Charles Starr ett Ann Doran Strange Case of Dr. Meade Jack Holt California Frontier (O) There's That Woman Again Douglas Bruce Smashing the Spy Ring Fay Wray Ralph Bellamy North of Shanghai Betty Furness James Craig 1 * i ^ Z * i 2 i $ z N ♦ Q Q Q ^ a S Q 00 ♦ ON 10 MOTION PICTURE DAILY Tuesday, December 13, 1938 Rogers Band And 'Alcatraz' $10,400, K.C. Kansas City, Dec. 12.— The pre- holiday lag held down first runs with weather normally cold. "King of Al- catraz" and Buddy Rogers' band garnered $10,400 at the Fox Tower, and "Angels With Dirty Faces" took $5,600 in its second week and was held. "The Young In Heart" and "Flirt- ing With Fate" at the Midland were fair. Estimated takings for the week end- ing Dec. 6-8 : "Thanks for the Memory" (Para.) NEWMAN— (1.900) (25c-35c-55c). 6 days. Stage: Chick Webb and His Orchestra with Ella Fitzgerald. Gross: $5,800. (Average, 6 days, combination bill, $7,000) "Service De Luxe" (Univ.) ESQUIRE— (800) (2Sc-40c), 7 days. Gross: $2,500. (Average, $3,000) "Service De Luxe" (Univ.) UPTOWN— (2,000) (25c-40c). 7 days. Gross: $3,000. (Average, $4,000) "The Young in Heart" (U.A.) "Flirting With Fate" (M-G-M) MIDLAND — (4.000) (25c-40c), 7 days. Gross: $10 800. (Average, $11,500) "Angels With Dirty Faces" (W.B.) ORPHEUM— (1,500) (25c-40c), 7 days, 2nd week. Gross: $5,600. (Average, $5,000) "King of Alcatraz" (Para.) FOX TOWER— (2,200) (25c -35c -55c). 7 days. Stage: Buddy Rogers & His Orchestra, fea- turing Eliz Tilton. Arthur Wright. Elmer Davis; also Bob Ripa, Shea & Raymond. Gross: $10,400. (Average, $8,000) Out Hollywood Way Hollywood, Dec. 12. — Twentieth Century-Fox has extended the con- tract of Marjorie Weaver, and given her the leading role in "Shooting High," a musical . . . Irene Dunne will be starred by John Stahl in Universal's "A Modern Cinderella," from the James M. Cain novel . . . Jack Holt's next picture to be pro- duced by Larry Darmour for Co- lumbia release will be "The Enemy Within," based on agitation sur- rounding espionage in this country by foreign agents. Lou Colling will direct from a script now being written by Gordon Rigby and Eric Taylor . . . 20th Century-Fox has increased the budget of "The Little Princess," Shirley Temple vehicle, and is put- ting additional song numbers in it. Marjorie Rambeau, old time favor- ite now staging a comeback, has re- placed Mary Boland in Paramount's "Sudden Money." She will be teamed with Charles Ruggles, in this story of a sweepstakes winner . . . Ann Sheridan has been set for the feminine lead in "Each Dawn I Die," and "Dodge City," both at Warners . . . Margaret Lindsay draws the lead in Warners' "Smashing the Money Ring" and "Hell's Kitchen" . . . Paramount has purchased "Wife Under Contract," story by Andrew Stone, and will star Ray Milland and Frances Dee. + Casting — Paul Guilfoyle substi- tutes for Harvey Stephens in Sher- man-Paramount's "Heritage of the Desert" . . . Eleanor Hansen, Ethyl Haworth and Peggy Carrol to "The Romantic Castles," RKO . . . Harry Fitzgerald to "The Saint Strikes Twice," RKO . . . Henry Kolker, Stanley Ridges and Alan Baxter to "Let Us Live," Columbia . . . Charles Butterworth to "Song of the West," M-G-M . . . Scotty Beckett, Gene Reynolds, J. M Ker- rigan and Grady Sutton to "The Flying Irishman," RKO . . . Am- brose Schindler ex-football star, to "The Wizard of Oz," M-G-M . . . Grant Withers to "Me and My Gal," featuring Buck Jones, at Para- mount . . . Lon Chaney, Jr., to "Union Pacific," Paramount . . . Doris Lloyd to "I'm from Missouri," Paramount . . . Olin Howland and Clem Bevans to "Broadway Cava- lier," Warners . . . Maurice Mosco- vitch to "Broadway Serenade," M-G-M . . . Francis X. Bushman, Jr., to "Song of the West," M-G-M . . . Helen Jerome Eddy to "Burn 'Em LTp O'Connor," M-G-M. + Dorothy Lee returns to the screen in "Twelve Crowded Hours," RKO . . . Hobart Cavanaugh to "Always Leave Them Laughing," Warners . . . John Miljan to "Torchy Runs for Mayor," Warners . . . Franklin Pangborn to "Broadway Serenade," M-G-M . . . Louise Beavers to "The Lady's from Kentucky," Paramount . . . Claire Dodd and Sybil Jason to "Dr. Judith Randall," Freida Ines- court vehicle, at Republic . . . James Dunn replaces Dick Purcell in "Pride of the Navy," Republic. + Writers — Anthony Veiller is working with Sy Bartlett on Para- mount's "Invasion." . . . Jerry Cady is doing additional work on Para- mount's "I'm from Missouri" . . . Seton I. Miller has been assigned to work with Robert Rosson on "Dust Be Thy Destiny," at Warners. + Directors — John Farrow is signed to direct RKO's "The Saint Strikes Twice" . . . Ray McCarey is guid- ing Warners' "Torchy for Mayor." + Contracts — M-G-M has extended the contract of writer Jacques Duval. N. H. Xmas Party Dec. 20 New Haven, Dec. 12. — Exchange Employes' Local B-41 will hold its second annual Christmas dinner party and dance on Dec. 20 at Dave's, in- viting local exchange managers as guests. Sam Zipkin, Universal ; James Mahan, Paramount, and Jack Mullen, Warner, are in charge of arrange- ments. Bock Father of Twins Cincinnati, Dec. 12.— Twins, a boy and girl, the first children in the fam- ily, have been born to Mr. and Mrs Ervin Bock at Christ Hospital. The father is manager of the RKO Palace. Vote Down Sunday Films Fayetteville, N. C, Dec. 12. — Board of Aldermen here voted five to three against an ordinance to permit the showing of Sunday films here. 'Cowboy' with $9,000 Frisco Best Grosser San Francisco, Dec. 12. — "The Cowboy and the Lady" took a strong $9,000 at the United Artists to lead. V "The Citadel" "Spring Mandness" at the Paramount were good for $14,000, and "You Can't Take It With You" at the Orpheum drew $9,500 in the third week. Estimated takings for the week end- ing Dec. 6-9 : "Service De Luxe" (Univ.) GOLDEN GATE— (2,850) (35c-40c-55c), 7 days. Stage: vaudeville. Gross: $13,000. (Average, $16,000) "The Cowboy and the Lady" (U.A.) UNITED ARTISTS— (1,200) (15c-35c-40c- 55c-65c), 7 days, 3rd week. Gross: $9,O0C. (Average. $7,000) "The Citadel" (M-G-M) "Spring Madness" (M-G-M) PARAMOUNT — (2,740) (15c-35c-40c-55c- 75c). 7 days. Gross: $14,000. (Average. $13,000) "You Can't Take It With You" (Col.) ORPHEUM — (2,440) (15c-35c-40c-55c), 7 days, 3rd week. Gross: $9,500. (Average, $8,500) "Angels With Dirty Faces" (W.B.) "Listen, Darling" (M-G-M) FOX— (5,000) (15c-35c-40c-55c-75c), 7 days. 2nd week. Gross: $17,500. (Average: $17,000) "Submarine Patrol" (20th-Fox) "Down on the Farm" (20th-Fox) ST. FRANCIS — (1,400) (15c-35c-40c-55c- 75c), 7 days, 2nd week (moved over from Paramount). Gross: $5,200. (Average. $7,000) "Say It In French" (Para.) "Illegal Traffic" (Para.) WARFIELD— (2.680) (15c-35c-40c-55c-75c). 7 days. Gross: $7.5CO. (Average, $13,000) "Grand Illusion" (World) CLAY — (400) (15c-35c-40c), 7 days, 5th week. Gross: $850. (Average, $1,300) "Pugachev" (Amkino) LARKIN— (390) (15c-35c-40c). 7 days. Gross: $800. (Average, $1,300) 'Corner' Is Omaha's Big Take at $11,400 Omaha, Dec. 12. — "Just Around the Corner," dualled with "Youth Takes a Fling," grossed a fine $11,400 at the Orpheum. Warm weather hurt business. "Citadel" and "Torchy Gets Her Man" were good for $8,100 at the Omaha. Second week of "Angels" pulled $4,200 at the Brandeis as a single. Estimated takings for the week end- ing Dec. 7-8 : "Angels With Dirty Faces" (F.N.) BRANDEIS— (1,200) (25c-35c-40c). 7 davs, 2nd week. Gross: $4,200. (Average, $4,000) "Citadel" (M-G-M) "Torchy Gets Her Man" (W.B.) OMAHA — (2.200) (25c-40c), 7 days. Gross: $8,100. (Average, $5,500) "Just Around the Corner" (20th-Fox) "Youth Takes a Fling" (Univ.) ORPHEUM — (3.000) (25c-40c). 7 days. Gross: $11,400. (Average, 7.200) Readers Ask Recognition Hollywood, Dec. 12. — With a mem- bership of 30, and claiming to repre- sent a majority of the workers in screen readers departments of eight studios, the Screen Readers Guild has filed a petition with the N.L.R.B. for recognition as the collective bar- gaining agency for such workers. Ohio House to Chakeres Springfield, O., Dec. 12. — Phil Chakeres has bought the Grand in Circleville, O, from Pickaway Amuse- ment Corp. The house will be re- modeled and enlarged to seat 1,000. Tuesday, December 13, 1938 MOTION PICTURE DAI LY radio ► Radio Personals < WILLIAM A. SCHUDT, JR., general manager of WKRC, is spending 10 days here on busi- ness. . . . Cary Grant has been . signed to appear on the Kellogg show, )\ which begins Jan. 15 over NBC-Red. f\J Al A. Schillin has resigned at WINS i sales manager. . . . James L. Kilgal- v len, I. N. S. feature writer, will be- gin his commentary series over WNEW at 10 P. M. tomorrow. Radio stars will appear Thursday night at the five benefits being staged by the Radio Division of the Chris- tian Committee for the Relief of Jew- ish Refugees in Manhattan, Bronx and Brooklyn. KSO in Des Moines Doubles Its Power Des Moines, Dec. 12— KSO of Des Moines has become a 5,000-watt station, doubling its power and in- creasing its potential listening audi- ence to over 1,000,000 persons, the sta- tion management estimated. With the increased wattage new equipment was added, including new power amplifiers and a new 172-foot tower at the KSO transmitter. Plans are also being made for the installa- tion of the new Miller tape trans- mission methods for transcribed radio programs. Two Writers Share New Series on NBC Two Washington newspapermen, Mark Sullivan and Jay Franklin, will be heard in a new series on NBC titled "Public Interest in Democracy." They will analyze America's major problems, and will offer their own so- lutions. Sullivan will represent the conservatives, Franklin the liberals. The show is to start Dec. 21 and will be broadcast from 10:30 to 11 P. M. Wednesdays on the Blue. KOIL, WW NC Join in CBS Web in Spring KOIL, Omaha, and WWNC, Ashe- ville, N. C, will join the CBS net- work early in the spring, at which time their existing network affiliation with NBC will end. KOIL, operating with 5,000 watts daytime, 1,000 watts at night, will join the CBS basic network on or before April 26, 1939. WWNC, 1,000 watts day and night, will become a member of the CBS Southeastern group by June 1. Kyser Series Renewed Kay Kyser's quiz series for the American Tobacco Co. has been re- newed for another 13 weeks, effective Jan. 4, 1939. The series is broadcast Wednesdays from 10 to 11 P. M. over 89 stations of the NBC-Red. Lord & Thomas is the agency. Burke Replaces Strous Frank Burke, formerlv publicity di- rector for Consolidated Radio Art- ists, will take over Irving Strous' duties as head of Leading Attractions, Inc., Paul Whiteman's booking and publicity setup. FCC Denies WLW Super-Power Plea Washington, Dec. 12. — F. C. C. today denied the petition of WLW to abandon oral argument on exten- sion of the station's super-power per- mit Dec. 15. Petitioning for leave to withdraw the request for oral argument, the station asked the commission to in- struct the super-power committee to modify its report to include specific findings of fact upon each of the is- sues specified in the notice of hear- ing, adopt the report so amended as its proposed report and acquaint the station with the position to be taken by the commission with respect to each question of law presented by the record. Suit of RCA Against WBO Is Under Way Trial of the copyright infringe- ment suit brought by RCA against WBO Broadcasting Corp., operators of WNEW, started yesterday in the U. S. District Court here before Fed- eral Judge Vincent L. Leibell. RCA seeks an injunction to restrain the station from broadcasting RCA-Vic- tor recordings of Paul Whiteman and his orchestra. Trial continues tomor- row. At the same time, a stipulation was filed discontinuing Whiteman's suit against the station. Fibber McGee Heads WOW Xmas Show Omaha, Dec. 12. — Fibber McGee will headline WOW's Christmas Char- ity Show at the Ak-Saz-Ben Coliseum on Dec. 18. Three shows will be given with proceeds going to charity. Directed by Lyle DeMoss, produc- tion manager, the show will also in- clude WOW "Follies" of 40 staff members, including Fred Ebener's or- chestra, choir, units and novelty num- bers. WLW Promotes Bailey Cincinnati, Dec. 12. — J. N. Bailey, press relations director of WLW, WSAI and W8XAL, has been named head of WLW newsroom, succeeding Harold McEwan, just resigned as head of the joint WLW- WSAI news department. Brennan Quits NBC San Francisco, Dec. 12. — Tom Brennan, veteran coast radio per- sonality, has resigned as CBS pro- gram director here to join Long Ad- vertising Service. His place is taken by Van Fleming* formerly with NBC's production staff at KPO. Renew "Man's Family" "One Man's Family," popular net- work dramatic series sponsored by Tenderleaf Tea Co. on the NBC-Red network, has been renewed for another year, effective Jan. 1. J. Walter Thompson is the agency. Pepsodent Show Off Pepsodent Co.'s "Candid Lady" series, a daily except Saturday and Sunday dramatic strip on a split NBC network, will leave the air Dec. 16, and is not to be replaced. Lord & Thomas is the agency. Thompson Agency to Aid SAG Show by Releasing Artists Hollywood, Dec. 12. — Cooperation of the J. Walter Thompson agency was assured for the Screen Actors' Guild program today by Danny Danker who declared that artists under contract with the agency would be released for the S.A.G. radio show "whenever the artist can be released without conflict in schedule or interest to our client and his program." The S.A.G., under its contract with Gulf Oil Co. which will sponsor the hour, promised to have certain film stars appear on the show. A tem- porary difficulty arose when it was discovered that the Thompson agency had several of the top ranking per- formers under exclusive contracts. Elimination of the snag was accom- plished after a conference between Danker, Mike Levee of the Artists' Managers' Guild, and Ralph Morgan and George Murphy of the S.A.G. Levy Sells 370 CBS Shares in October Washington, Dec. 12. — Disposition by Leon Levy, director, of 370 shares of Class "B" Columbia Broadcasting System stock in October was reported today by the Securities and Exchange Commission in its semi-monthly sum- mary. At the close of the month, the com- mission stated, Levy held 44,530 shares of the Class "B" and 37,850 shares of the Class "A" stock. KPO-KGO Drops Three San Francisco, Dec. 12. — Com- mentator Coleman Cox, "mistress of charm" Sharon Merrill and Dorothy M'cKenzie, woman commentator on "Backseat Driver," are out of NBC KPO-KGO here in an economy move. Other retrenchments include cutting "Jingletown Gazette," variety, from five to three programs a week, and "Crosscuts from Log of the Day" from five shows to two a week. Breneman on NBC San Francisco, Dec. 12.— Tom Breneman's weekly "Spelling Bee," sponsored by Marco Dog and Cat Food on KSFO, CBS outlet, switches to NBC's Red network station, KPO, Dec. 30, for six months. Breneman will remain as M.C. He recently re- signed as director of programs for CBS here. Baker on Dole Show Phil Baker will begin a new series for the Dole Pineannle interests on CBS Jan. 14, through a placement just effected by Young & Rubicam. The series is to be heard Saturdays from 9 to 9:30 P. M. Beyond the signing of Baker, no other program details have been concluded. "Revivals" Adds Stations "Old Fashioned Revivals," coast-to- coast Mutual sponsored show, has added six stations of the Oklahoma network, plus WSAI, Cincinnati, through a placement by R. H. Alber Co., agency handling the series. Pro- gram features Dr. Charles A. Fuller. FCC Calendar Washington, Dec. 12. — Change of frequency from 1,140 to 1,070 kilo- cycles, extension of time from sharing with KVOO to unlimited, and an in- crease of power from 5,000 to 50,000 watts have been asked by WAPI, Birmingham, Ala., in an application filed with the Federal Communications Commission. An increase in power, from 100 to 250 watts, was also asked of the com- mission by KSAM, Huntsville, Tex. Three applications for new stations sought by A. Corenson were made the subject of hearing Jan. 23, following a hearing on the application of WFIL, Philadelphia, for an increase in day power from 1,000 to 5,000 watts. Trading as the Northwestern Broad- casting Association, Corenson is seek- ing a 1,310-kilocycle, 100-watt unlim- ited time station at Evanston, 111.; as Bureau of Education, a 1,420-kilocycle, 100-watt daytime station at Monte- bello, Cal., and as Elgin Broadcasting- Association, a 1,500-kilocycle, 100- watt daytime station at Elgin, 111. A hearing will be held Jan. 20 on the application of WRR, Dallas, for an increase of power from 500 to 1,000 watts. Lee Named Manager Of KGFF, Oklahoma Oklahoma City, Dec. 12. — Joseph W. Lee, for the last year and a half general manager of KTOK here and managing director of the Oklahoma network, has been appointed manager of KGFF at Shawnee, Okla., a net- work station. W. G. Dunn, who has been serving as manager for the last few months, will devote his full time to the man- agement of the Shawnee News and Star, with which the radio station is affiliated. New Show Over KFBK San Francisco, Dec. 12. — Children of northern and central California will be targets of a new radio campaign over KFBK, Sacramento, sponsored by Frozen Fudge Service Co. of that city. Program is called "Station KIDS," will be heard, three times a week, and may later be added to sta- tions in the bay area here. WBRY Added to CBS Waterbury, Dec. 12.— W B R Y, Waterbury and New Haven, is the latest CBS outlet in this territory. Total of 101 Radio Stations in Mexico Mexico City, Dec. 12.— Mex- ico has 101 radio stations as of Dec. 1, of which 96 are in regular operation, according to the Ministry of Communi- cations and Public Works which has control of air affairs in this country. Of the total stations, eight are Government or semi-Govern- ment owned. Twenty-seven of all the stations are in the Federal District, which in- cludes this city. Thirty-nine of the stations are in Amer- ican border communities. FOR THE SHOWMANSHIP. . . u. APP«»l ot f Show Portia"1 favorite Sta«-- ^^ated Ue «lt HapPened . ROLAND YOUHC TODAY : Selznick International and United Artists bow their appreciation to J. J. Parker, owner of the BROADWAY, PORTn LAND, OREGON, and his advertising director, Ted Gamble. By linking a great picture with a su- perlative campaign, busi- ness soared far above "Star Is Born" and "Prisoner of Zenda". . .and that means receipts were in the high- est record brackets! V MOTION PICTURE DAILY NEW YORK, WEDNESDAY, DECEMBER 14, 1938 Alert, Picture Industry 44. NO. 116 FCC Tightens Renewal Rule For Licenses Must Apply Over 60 Days Before Expiration Washington, Dec. 13. — Rules re- quiring radio stations to apply for li- cense renewals more than 60 days in advance of the expiration of the license, heretofore loosely applied, hereafter will be strictly enforced, it was stated by the Federal Communica- tions Commission today. No temporary license or extension of license will be issued under any cir- Additional developments in radio yesterday on page 10. cumstances where stations fail to file application for renewal, the F. C. C. also ruled. When an application is re- ceived less than 60 days before an ex- piration, a temporary extension of license only will be granted. Broadcasters also were ordered to exercise more care in filing applica- tions for renewal and to see that they reflect "actual conditions" at the time of filing, in order to obviate the neces- sity of returning applications for cor- rection. Jim Roosevelt Is on Way Here for Xmas Chicago, Dec. 13. — James Roose- velt, vice-president of Samuel Gold- wyn, Inc., arrived here today from Rochester, Minn., en route to New York and Washington to spend the holidays with his family. He plans to remain here until Friday on per- sonal business. Net profit of around $10,500,000 to $11,000,000 will be reported by Loew's, Inc., for the fiscal year ended last August, before taxes and dividends on the preferred. Figures were brought out in testi- mony in the minority stockholders' action in State Supreme Court here yesterday and were subsequently con- firmed by a company official. Universal's net for the final quarter of the fiscal year ended Nov. 1 may amount to around $200,000. This is Labor Chiefs Warn Mexican Stations Mexico City, Dec. 13.— Radio stations throughout Mexico were warned of a strike by unionists if they persist in broadcasting information de- rogatory to Vincente Lom- bardo Toledano, chief of the Confederation of Mexican Workers, Mexico's labor czar, and Luis Rodriguez, president of the Party of the Mexican Revolution. PathePlanOut; New Scheme to Be Ready Soon Liquidation plan for Pathe Film Corp.. was abandoned yesterday when proxies representing only 60 per cent of the company's stock were voted in favor of the plan at a special meeting of Pathe stockholders. A new proposal designed to accom- plish the major part of the liquidation plan will be completed next week and sent out to the company's stockholders, however. The new plan is expected to provide for liquidation of Pathe's physical assets. Other assets, includ- ing the duPont Film Manufacturing Corp. stock, Monogram Pictures stock and RKO notes, would be retained by Pathe Film. It was not disclosed what proposal would be made under the new plan for disposition of the Bound Brook lab- oratory. However, it probably will be offered to the highest bidder, with a new company, headed by O. H. Briggs, Pathe president, and asso- ciates, making an offer which may be incorporated in the new proposal. The abandoned liquidation plan had (Continued on page 4) nearly double Wall Street estimates of two weeks ago and results from smaller year-end adjustments, applicable dur- ing the final quarter, than had been calculated earlier. For the first three quarters of its fiscal year Universal showed a loss of around $700,000. Profit for the final quarter, therefore, should reduce the loss for the year to approximately $500,000. This is considerably less than half the loss reported for the (Continued on page 4) Federation's Aim Is 1,000 Guests At Bernie Lunch It is the plan of the Amusement Division of the Federation for the Support of Jewish Philanthropic So- cieties of N. Y., under the chairman- ship of David Bernstein and Major Albert Warner, to bring the attend- ance at the Ben Bernie testimonial lunch at the Hotel Astor on Dec. 19 to more than 1,000 persons. Eddie Cantor is host at this luncheon. At yesterday's meeting of chairmen of the various subdivisions and sub- committees, at which Jack Cohn of Columbia presided, reservations for several tables were subscribed for. The luncheon yesterday was for the purpose of discussion and for reports by the various chairmen on the prog- ress of the campaign to raise $225,000, the quota set this year by the film and theatrical division of the federa- tion. Besides Cohn, among those who addressed the meeting were Harry Brandt and William Brandt of the In- dependent Theatre Owners committee ; Benjamin S. Moss, head of the the- atrical accessories group ; Louis Bern- stein, chairman of the song publishers and composers committee ; William Morris of the agents and managers division ; William Klein, chairman of the legitimate theatres group; Spyros P. Skouras, Joseph Seidelman of Uni- versal ; Sam E. Morris of Warners ; Malcolm Kingsberg of RKO; Her- (Continued on page 4) Michalove Returns From Sydney Jan. 9 Dan Michalove, assistant to S. R. Kent, 20th Century-Fox president, is due back Jan. 9 from Australia where he has completed a survey of Hoyts Theatres properties, in which the film company has an interest. Michalove, accompanied by Irving Barry, assistant to Skouras, already has sailed from Sydney. 160 New Yorkers On Schine Dinner List Albany, Dec. 13. — Every phase of the film industry will be represented here Monday night when 500 guests honor J. Meyer Schine and Louis Schine. List of the reservations, read at yesterday's meeting of the Schine dinner committee, included 160 metro- politan New York friends of the Schines. Speakers are to be announced today. Philip C. Fox, Columbia branch man- ager and committee chairman, said that the downtown section of Albany (Continued on page 4) First in Impartial TEN CENTS ITOA SedbT" 100% Accord On Giveaways RKO, Loew's to Hold Off Until It Is Obtained Loew's and RKO, before eliminat- ing cash giveaways, are going to make certain that the independents are sin- cere along the same line. Already a majority of the I.T.O.A., of which Harry Brandt is president, is under- stood to have subscribed to the move- ment for abandoning the games in metropolitan New York. To obtain action from the affiliated circuits, the independents are making an effort to achieve a 100 per cent accord among themselves. There has been much history writ- ten in the trade about giveaways and exhibitor intentions to eliminate them. In New York in the early spring of 1937, both RKO and Loew ban- ished box office stimulants in all their theatres in the metropolitan New (Continued on page 4) Lurie Steps Out of Mae West Company Hollywood, Dec. 13. — Louis Lurie, San Francisco financier, is understood to have withdrawn from business asso- ciation with Mae West in film pro- duction. The reported deal whereby Miss West's pictures would be released through United Artists is understood to be out, too. National Anthem in All Warner Houses Pursuant to the wishes of Harry M. Warner, president of Warner Bros., Joseph Bernhard, general manager of Warner Theatres, has in- structed all the company's managers that "The Star Spangled Banner" must be played every day in all War- ner theatres throughout the country. Mr. Warner's pur- pose is to stimulate devotion and loyalty to American ideals. It is an enlargement of the Warner patriotism campaign, a feature of which is the pro- duction and distribution of two - reel color historical shorts, based on patriotic in- cidents in the nation's his- tory. Loew Net Near $11,000,000; "U" Quarter Seen $200,000 MOTION PICTURE DAILY Wednesday, December 14, 1938 i Purely Personal ► J A. McConville, Columbia foreig: • manager, Joseph Friedman, man aging director for England, and Mrs Friedman, will arrive from London tomorrow on the Queen Mary. Mc Conville has been abroad for six weeks. Friedman will be here several weeks for home office conferences. • W. A. Scully, Universal sales manager, and W. J. Heineman, as sistant, are in Chicago to meet Nate Blumberg, president, en route east tomorrow. They are due back Friday • Jules Levy, RKO general sales manager, is in Chicago conferring with Walter Branson, midwest dis trict head, and Jack Osserman branch manager. • Ray Milland arrived in New York by plane yesterday and will sail with Mrs. Milland on the Queen Mary on Friday to spend eight weeks in England. • Richard Carlson, of "The Duke of West Point," will be host at the showing of the film at the Music Hall tomorrow evening. • Chester Morris will leave for the coast Friday after a two- week vaca- tion here, stopping off in Albany en route west. • Harry Curry of London is back in New York to confer with J. H. Hoff berg, who returns from the coast next week. • Morris Legendre, North Carolina theatre owner, is stopping here en route to Washington. • Harry Goldberg, advertising and publicity head for Warner Theatres, is ill with the flu. • Gabriel Pascal, producer of "Pyg- malion," arrives on the Queen Mary tomorrow. • Arleen Whelan will leave New York for the coast today after 10 days here. June Travis is in town. THE MERCURY OVERNIGHT TO LOS ANGELES Fly the Southern SUNSHINE route over- night to Los Angeles. Through service. No change of planes. Giant SKYSLEEPERS. Complimentary meals served by stewardesses. Mercury Southerner tv. 5:10 p. m; Lv. 9:10 p. m. (My 3 slots) (only 5 stops) FOR RESERVATIONS: Call Your Travel Agenl or VANderbilt 3-2580. Ticket Offices: 45 Vander- i>ilt Av«„ and Rockefeller Center, 18 W. 49th St- AMERICAN AIRLINES Insiders9 Outlook OPINION exists in Wall Street that tentative ap- proval of RKO's reorgani- zation plan may be granted Friday, by Federal Judge Wil- liam O. Bondy. Such opinion is premised upon the known desire of the court to hasten RKO's emergence from 77b, providing all legal requirements are met. Whether the court will predi- cate its approval upon making certain changes in the plan, is not known. There is some speculation in creditor circles regarding the possibility of an improved con- version right for debenture hold- ers to be asked for, but that might condition granting great- er rights also to creditors, in return. T T George Jessel, the nonpareil, has been booked solid for the next two weeks as an after din- ner speaker in a dozen or more cities. Starting with the Phila- delphia Variety Club banquet, Jessel is visting Worcester, Bos- ton, Washington and midwest cities to preside at dinners. Sun- day night he will talk at the Broadway Temple Methodist Church on "Religion." T T Thomas France, chairman of the London and Home Counties Branch of the C.E.A., referring to current political propaganda, insisted the exhibitors' business is to sell entertainment, not poli- tics. He spoke at the annual banquet last night at which the e-uest of honor was Sir Walter Womersley, Assistant Postmast- er General, who substituted for Anthony Eden. ▼ T Benefit shows run by Inter- state Circuit in the southwest for German refugees grossed a total of $40,000. Attendance was above average in the large cities, but slipped in the small towns where publicity was slight and general interest small. Dallas led with $8,900, Houston had $6,500, San Antonio, $5,500, Fort Worth, $3,600. T ▼ Variety Club of Twin Cities have voted to raise $25,000 foi the German refugees through the sale of 100,000 theatre tickets at 50 cents. Technicolor's Profit For 1938 $1£00,000 Technicolor's consolidated net profit for 1938 is estimated at about $1,200,- 000, before Federal taxes, by Herbert f. Kalmus, president and general man- ager. This compares with $571,395 for 1937. Company directors yesterday voted a dividend of 15 cents a share, payable Dec. 28, to stockholders of record Dec. 21. This makes a total of $1 a share paid this year, and compares with 75 cents paid during 1937. M.P.P.D.A Meeting Off to Next Tuesday Quarterly meeting of the board of M. P. P. D. A., scheduled for today, will be postponed to next Tuesday be- cause of the absence from the city of Sidney R. Kent, Nate J. Blumberg and George J. Schaefer. Blumberg and Schaefer are due in New York Friday from the coast. The latter is scheduled to be elected to the M. P. P. D. A. board at the coming meeting. Two Sign with Guild Triple A Productions (Harold Orlob) and West Coast Sound Studio have signed the modified form of Screen Actors' Guild basic agreement. They are the first production or- ganizations in the east to sign the new contract form. Vitaphone Planning Xmas Show for Kids Employes of Wrarners' Vitaphone Studios in Brooklyn, under the super- vision of Sam Sax, will hold a Christ- mas party for 1,000 children. The ma- jority of these children are relatives of the employes. This year's party is being jointly conducted by the studio and home office W'arner Clubs. A one ring circus will feature the party, and the children will receive gifts. Re- freshments will be served. The committee on arrangements are: John T. Holmes, national presi dent of the Warner Club, R. W. Budd, chairman, Harry' Mayer, A. W. Schwalberg, Max Blackman, George O'Keefe, Ed Savin, Stuart Aarons, Sam Schneider, Jules Levy, Harold Rodner, Nat Fellman, Irving Birn- baum and Ann Martin. A. T. P. Loss $177,215 London, Dec. 13. — A net loss of $177,215 is reported by Associated Talking Pictures for the year ended June 30 last. Production profits and sundry revenue amount to $160,740 and no provision was made for losses by subsidiary companies. Deluxe United Mainliner Sleeper •k Latest Sleeper departure — 11:45 p. m. Arrive Hollywood in mid- afternoon. Luxurious, quiet, fewest stops. Or take TJnited's famed "Con- tinental" Sleeper. Lv. 5:20 p.m., ar. 9 :25 a.m. Reservations : 58 E. 42nd St., MU 2-7300. Or travel bureaus, hotels. UNITED AIR LINES The Main Line Airway Production Spurts With 47 Pictures Shooting on Coast Hollywood, Dec. 13. — Production spurted this week to 47 pictures be- fore the cameras, highest since the production rush last July. Twelve tures started, six finished; 13 ar8 ing prepared, and 75 are in the fit- ting rooms. Started were : "First Offender," Columbia ; "Wuthering Heights," Goldwyn ; "Women in White," M-G-M; "Santa Fe Bound," Mono- gram ; "Heritage of the Desert," Paramount ; "The Saint Strikes Back," RKO; "Ridin' the Range," "Dr. Judith Randall," "Pride of the the Navy," and "The Lone Ranger Rides Again," Republic; "Three Smart Girls Grow Up," Universal ; "Smashing the Money Ring," War- ners. Others Shooting In addition to these shooting were : "Lone Wolf No. 1," "Let Us Live," Columbia ; "Ice Follies of 1939," "The Wizard of Oz," "Idiot's Delight," "I Take This Woman," M-G-M ; "Union Pacific," "Me and My Gal," "Hotel Imperial," "M i d n i g h t," "Sudden Money," "The Lady's from Kentucky," "I'm from Missouri," Paramount; "Love Affair," "The Romantic Cas- tles," "The Flying Irishman," "Twelve Crowded Hours," RKO ; "It's Spring Again," Roach; "Mr. Moto in Porto Rico," "W'inner Takes All," "Jones Family in Hollywood," 20th Century- Fox ; "Son of Frankenstein," "You Can't Cheat an Honest Man," Univer- sal ; "Stage Coach," Wanger ; "Okla- homa Kid," "Yes, My Darling Daughter," "Always Leave Them Laughing," "Dodge City," "Juarez," "Broadway Cavalier," "Torch}' Blane Runs for Mayor," Warners. Finished were : "Burn 'Em Up O'Connor," "Paroled to Exile," Mono- gram ; "Cafe Society," and "Never Say Die," Paramount ; "The Mysterious Miss X," Republic, and "Chasing Danger," 20th Century-Fox. RKO started one short subject, which is still shooting. Columbia fin- ished one. Five are being prepared, and 14 edited. MOTION PICTURE DAILY (Registered V. S. Patent Office) MARTIN QUIGLEY, Editor-in-Chief and Publisher; SAM SHAIN, Editor; JAMES A. CRON, Advertising Manager. Published daily except Saturday, Sunday and holidays by Quigley Publishing Com- pany, Inc., Martin Quigley, president; Colvin Brown, vice-president and treasurer. Publication office: 1270 Sixth Avenue at Rockefeller Center, New York. Telephone: Circle 7-3100. Cable addresss: "Quigpubco. New York." All contents copyrighted 19J8 by Quigley Publishing Company, Inc. Address all correspondence to the New York office. Other Quigley publications : Motion Picture Herald, Better Theatres, Teatro al Dia, International Motion Picture Almanac and Fame. BUREAUS: — Hollywood: Postal Union Life Building, Vine and Yucca Sts.; Boone Mancall, manager; William R. Weaver, editor. Chicago: 624 S. Michigan Ave., C. B. O'Neill, manager. London: 4 Golden Square. w- 1:„«jJ>Ie address, Quigpubco, London; Hope Williams, manager. Entered as second class matter Sept. 23 1938, at the post office at New York, N. Y under the act of March 3, 1879. Subscription rates per year $6 in the The Light Before Xmas RELEASED DECEMBER 24TH PRECEDED BY SPECTACULAR COLOR ADS IN LIFE, LOOK, CLICK AND 14 OTHERS! ' ooper . g W***E* Bros? Tothe iu°« by M "r Wax s, • Reducer* MOTION PICTURE DAILY 4 Pathe Plan Is Out; New Proposal to Be Ready Shortly (Continued from page 1) been proposed under a new provision of the 1938 U. S. Revenue Act which required that the proposed plan have the approval of 80 per cent of the stockholders and that the liquidation be completed before the end of this month. Approximately 325,000 shares, or 55 per cent of the total outstanding, were counted in favor of the plan and an estimated additional five per cent was said to be on hand but uncounted. An adjournment of the meeting to continue solicitation of proxies was made impossible by the time limita- tions on completing the dissolution of the company prior to the end of the month. The new liquidation plan will not be brought under the same statute, of course. Suits Caused Hitch A statement issued by the company following the meeting implied that the necessary amount of stock to carry the proposal would have been obtained except for the restraining actions filed by duPont and minority stockholders, both of which, however, were dis- missed in Federal court prior to the stockholders' meeting. Briggs told the meeting that nego- tiations by Pathe for the acquisition of one laboratory on the west coast and two in the east from "a major company" for about $2,000,000 in Pathe stock had been abandoned prior to formation of the liquidation plan. The negotiations included a contract for the major company's printing to be_ done by Pathe. Briggs said the price was regarded as too high and limitations placed on future printing charges to the comnany were too re- strictive. In reply to stockholders' question, Briggs declined to state whether the company referred to was Paramount. Replying to another question, Briggs said that inquiries concerning purchase of Pathe's duPont stock holdings had been made last summer but no "firm offer" was ever received. Loew Net for 1938 Is Near $11,000,000 (Continued from page 1) preceding 52 weeks. Universal has been operating in the black since Sept. 1. November operations showed a substantial profit and the pace is being maintained currently, giving definite indications of a profitable first quarter for the current fiscal year. Paramount's 1938 earnings are esti- mated in Wall Street to be running in the neighborhood of $1,000,000 or slightly higher. Dividends from theatre subsidiaries are estimated to supply the bulk of this figure, although the picture company is in the black. National Theatres, in which 20th Century-Fox owns a 42 per cent inter- est, may show a profit for the year of around $2,500,000 according to cur- rent Wall Street estimates. Montgomery GN Head San Francisco, Dec. 12. — George N. Montgomery, special representative for Grand National, has taken over management of the local exchange, re- placing H. Bradley Fish, resigned. Mayer on Stand in Loew Suit Monday Louis B. Mayer is expected to take the witness stand on Monday in the minority stock- holders' suit against the com- pany now being tried by Justice Louis A. Valente in the N. Y. Supreme Court. William Fox will follow on Dec. 21. This was revealed in informal conversation be- tween the court and counsel for both sides. The plaintiffs' accountant testified yesterday and, in ad- dition, portions from the de- positions of 13 Loew wit- nesses were read into the record. ITOA to Discuss Pact Draft Friday Details of the first draft of the trade practice program, recently submitted by the distributors to exhibitor groups, will be discussed at a meeting of the I.T.O.A. negotiating committee on Friday. The committee's recommendations will be presented at a membership meeting scheduled for Dec. 21. The I.T.O.A. was one of seven unaffiliated groups which conferred with the dis- tributors. William F. Rodgers of M-G-M, who has acted for the distributors, has been advised by the exhibitor committees that they are studying the draft, but no specific criticism has been received as yet. 1,000 Guests Is Aim At Bernie Luncheon (Continued from page 1) man Robbins of National Screen Co., and Herbert J. Yates. Additionally among those present were Jules Brulatour, Irving Caesar, Samuel M. Forrest, Harry M. Goetz, Leon Goldberg, Max Gordon, Marcus Heiman, Arthur Israel, Jr., Herman H. Landwehr, Abe Lastfogel, Mark Leddy, Budd Lytton, Ralph I. Pouch- er, Sidney Piemont, Jack Robbins, Budd Rogers, Sam Rosen, Sam Sax, Aubrey Schenck, Marvin Schenck, Abe Schneider and Joseph Somlo. "40 LITTLE MOTHERS" National Pictures Corp. will dis- tribute "Le Mioche" in this country as "40 Little Mothers." Anthony Eden speaking before the National Association of Manufacturers in New York and the initiation of Alfred Landon into the Ancient Order of Shellbacks were the major events covered in the new issues of the newsreels, out yesterday. The reels and their contents follow : MOVIETONE NEWS, No. 27— Eden ad- dresses N. A. M. Landon ceremony at Equator. Luxury tractor tested. Statue of Liberty cleaned for World's Fair. Farley celebrates silver jubilee of parcel post. Governor Chandler at premiere of "Ken- tucky." African club here. Fashions. Party for mermaids. Lew Lehr. Giants NEWS OF THE DAY, No. 225— Eden speaks. Landon initiated. New Navy blimp. ITOA Is Seeking Giveaways Accord (Continued from page 1) York area. This ban was effective for several weeks. At that time, there was an under- standing that the independents would take similar action as the big circuits, especially in view of the fact that the independents initiated the movement to abandon the game at that time. However, the Loew and RKO grievances are that the independents failed to follow through, and Loew and RKO got nowhere with their good intentions. A committee of seven named by Brandt in connection with the cam- paign to drivp games out of theatres will meet at noon today at the Astor Hotel. C. C. Moskowitz, executive operator of Loew's theatres and J. J. O'Connor, general manager of RKO theatres, are on this committee. Others are Max Cohen, Walter Reade and David Weinstock, representing the unaffiliated circuits. The smaller operators are represented by Abe Shenk and Samuel Seelen. 20th-Fox Convention Talks Sales Policies Hollywood, Dec. 13.— Discussion of territorial sales policies occupied 20th Century-Fox division and district man- agers at the sales meeting today. Darryl F. Zanuck will address the men on Thursday. "Tailspin," "Charlie Chan in Hollywood" and "Kentucky" were screened today. Sidney R. Kent, president, addressed the meeting at the Ambassador Hotel yesterday. Herman Wobber, general sales man- ager, presided. Joseph M. Schenck, William Goetz, Sol Wurtzel and division managers William Sussman, William J. Kupper, W. C. Gehring, Edgar Moss, Tom H. Bailey, George A. Roberts, Harry C. Bal- lance, Morton A. Levy, Clyde W. Eckhardt and Ward E. Scott were in attendance. From New York were J. P. O'Loghlin, William J. Clark, Jack Sichelman, Martin J. Moskowitz, Jack Bloom, Charles E. McCarthy, Roger Ferri, Harry H. Buxbaum and Joseph J. Lee. To Vote on Sunday Films Smithfield, N. C, Dec. 13. — Citi- zens of this town will vote Jan. 10 on whether or not Sunday films will be permitted. Monkey island in Hollywood. New dance introduced. Decorate Paris streets for Christmas. Giants win title. PARAMOUNT NEWS, No. 38— Fire in paper plant. Eden defines Democracy. Traditional Equatorial ceremony. Norway mourns Queen Maud. Mrs. Roosevelt and Jack Benny aid refugees. Monkey island in Hollywood. Giants take National title. RKO PATHE NEWS, No. 42— Eden speaks before N. A. M. Last rites for Kemal Ataturk. Czechs elect new presi- dent. Landon initiated. New streamline blimp for Navv. Giants win grid crown. UNIVERSAL NEWSREEL, No. 727— Landon at Equator. Eden speaks. Mrs. Roosevelt aids refugees. Ataturk funeral in Turkey. Dr. Hacha is new Czech president. Blimp in first flight. Christmas shopping in New York. Monkey island in Hollywood. Texans back Garner for president. Giants beat Packers. Wednesday, December 14, 1938 U. S. Hits Plea for Bills of Particulars In Anti-Trust Suit The Government's views in the anti- trust suit, New York, are clearly ex- pressed in briefs filed with Fed**-":1 Judge William Bondy. In these brW. the Government brands the requester independent companies for bills of par- ticulars as "directed toward procuring a trial brief of the Government's case with a full disclosure of all evidentiary matters as well as the names of its witnesses." The Government revealed in these briefs that such requests would delay the suit for many months and would require a petition 500 pages long. The Government charges "flagrant misrepresentation" of remarks made by Paul Williams, special assistant Attorney General, in connection with the motion by United Artists to strike out portions of the Government's original complaint. It is denied by the Government that it lacks sufficient knowledge to con- nect UA. with the alleged conspiracy, and that Williams had meant that U.A. had no part in the charges on monopoly in production. Charge "Unfair Practices" The Government briefs declared that it was not necessarv for each co- conspirator to be connected with every phase of the conspiracy. Its allega- tions charged unfair "trade practises imposed upon independent exhibitors" and unfair "favors and advantages ex- tended by defendants to each other" are proper allegation as affecting U.A. It is also charged by the Government that an attempt is being made to "limit narrowly the charges of the Govern- ment." These briefs were filed by Moses H. Lewis, special assistant Attorney Gen- eral in charge of the N. Y. office, and were prepared by Thurman Arnold, Paul Williams, J. Stephen Doyle, Jr., John F. Clogett, Jr., Shelby Fitze, Seymour Simon and Seymour Krieger. 160 New Yorkers on Schine Dinner List (Continued from page 1) is to be given over to the out-of- town film guests Monday night in an elaborate demonstration. At least 10 cars will be in the Schine section of the Commodore Van- derbilt, leaving Grand Central at 4:20 and arriving at Albany 6:59 P.M. Eight cars are reserved from Buffalo to pick up the western New York, Detroit, Cleveland, Pittsburgh and Bellefontaine delegations. Cleveland- ers listed to attend are Harry Gold- stein, "Duke" Clark, Dave Miller, Bert Stearn, A. M. Goodman, I. J. Schmertz and Nat Barach. Empire State Express will have a Schine section, stopping at Rochester, Syracuse, Utica and Fonda. Gets "Ballerina" in NE Arthur Mayer and Josenh Burstyn have sold the New England rights on "Ballerina" to Abraham J. Zimmer- man, Boston attorney. Four other Mayer-Burstyn French releases were included in the deal. Keith Memorial Has Loss Keith Memorial Theatre Corp. re- ports for 1937 a net loss of $53,889. The Newsreel Parade mines.... j£/?eading time this ad 1 minute. Playing time this picture three times normal ran/j| • • • the violence of hardpressed youth •••of hun- gry hearts and hungry stom- achs • • • guard- ing the street crumbs that gave them life! MOTION PICTURE DAILY Wednesday, December 14, 1938 'Cowboy Lady9 Leads in Loop With $18,600 Chicago, Dec. 13. — "The Cowboy and the Lady" were the most popular folks in the Loop last week, the Cooper film garnering a smart $18,600 at the United Artists theatre for the opening week. John Boles, in person, at the Chicago gave impetus to "Angels With Dirty Faces" and the second week of that picture was a strong $32,000. Lola Lane and "Secrets of an Act- ress" at the Oriental kept that house in the big money with a $16,000 gross. Elsewhere business was not much more than average and in many places less than that as the Christmas slump started to gain momentum. The weather was unsettled most of the week and that didn't help any. Total first run business was $103,400. Average is $103,000. Estimated takings for the week end- ing Dec. 6-10 : days. "The Great Waltz" (M-G-M) APOLLO — (1.4C0), (35c-S5c-65c) Gross: S6.200. (Average, $6,500) "Angels With Dirty Faces" (W.B.) CHICAGO — (4,000) (35c-55c-75c) 7 days. 2nd week. Stage: Tohnes and Revue. Gross: 832,000 (Average, "$32,000). "Men With Wings" (Para.) GARRICK — (900) (30c-40c-50c) 7 days. 2nd week. Gross: $4,600. (Average, $6,500) "Secrets of an Actress" (F.N.) ORIENTAL— (3,400) (25c-30c-40c) Stage: Lola Lane and Revue. Gross: (Average, $13,000) "A Man To Remember" (Radio) PALACE — (2,500) (35c-55c-75c) Stage: Bovs Town Revue. Gross (Average, $19,000) "Stablemates" (M-G-M) ROOSEVELT — (1,300) (35c-55c-75c) 7 days. Gross: $12,000. (Average, $11,000) "Cowboy and The Lady" (U.A.) UNITED ARTISTS— (1.700) (35c-55c-75c) 7 days. Gross: $18,600. (Average, $15,00^ 7 days. $16,000. 7 days. $14,000. Poli Theatres Heads Assessments in N, H. New Haven, Dec. 13. — Poli New England Theatres, Inc., heads the thea- tre assessments on the new list here, with an assessment of $1,516,925. Among the 264 taxpayers who have assessments in excess of $100,000 are also the Arena Co., $509,000, Bernhart E. Hoffman et al, $137,450, Howard Theatre Co., $105,460, Harry L. La- vietes, $114,680. Hollywood Preview "A Christmas Carol" (M-G-M) Hollywood, Dec. 13. — In the whole English literature there is prob- ably a no more dated story than Charles Dickens' "A Christmas Carol." In its merit as a human interest story, one that is strong in its power to effect the more sentimental emotions, it has few rivals in any lan- guage. No work is more timely to the Christmas season. The theme of Dickens' allegory needs no reiterating. Its moral is just as modern, as pointed and significant to the world of today, as it was when it was written almost 100 years ago. Suffice to say its pro- ducer, Joseph L. Mankiew-icz, his director, Edwin L. Marin and all the players, those important in its plot and those incidental to the action and detail — have brought it to screen realism in full keeping with all the fine traditions that have grown up about the classic. In comparison with the pictures of today, the styles they adapt and the preachments of one kind or another they attempt, "A Christmas Carol" may be considered by many as a lot of hokum. It is hokum. But it's the kind of hokum that sometimes makes people shudder. It makes them laugh, too. And, inevitably, it brings tears. No doubt those who see it will be inspired. Most likely they will leave the theatre re- solved to make this Christmas happier for themselves ; happier for those less fortunate. Reginald Owen is an exceptional "Ebenezer Scrooge." He makes the early "Scrooge" a mean man, but one who is not so much a "horror" as was the product of Dickens' imagination. When he dreams his dreams, though, later to become a real human being, he is all the author visioned. The other characters, played by Gene Lockhart. Kathleen Lockhart, Terry Kilburn, Barry Mackay, Lynne Carver, Leo Carroll, Lionel Braham, Ann Rutherford, D'Arcy Corrigan and Ronald Sinclair, are as Dickens created them. Similarly the production effects, settings and details substantiating the story are authentic of the London of 1840. Few dialogue changes were made by Hugo Butler, who did the screenplay. Running time, 65 minutes. "G."* G. McC. "G" denotes general classification. Indiana Circuit to Offer Common Issue Washington, Dec. 13. — Registration statement covering proposed issue of 50,000 shares of $5 par Class "A" common stock, to be offered at $6 per share, was filed with the Securities and Exchange Commission by Pix Thea- tre Circuits, Inc., Gary, Ind. Company plans to use §300,000 de- rived from sale of the stock for the purchase of three theatres and equip- ment and for working capital. Samuel B. Nissley is president of the corpora- tion and Warren Franklin Corp. is the principal underwriter. Bitner, Feist File Suit Against MGM Bill of complaint has been filed set- ting forth the details in the breach of contract suit brought by Edgar F. Bitner and the estate of Leo Feist against M-G-M Corp. The complaint alleged that in October, 1935, M-G-M purchased 1,450 shares of Leo Feist, Inc., which carried with it control of the company. The purchase price al- legedly was $177,000 apiece to Feist and Bitner, payable in installments of $44,250. It is claimed that the last in- stallments to Bitner and Feist were unpaid. TOOAY Tr4trfclf all i vs. Tech Ktcolav . 'School' and Kemp Boost Milwaukee's Leader to $10,000 Milwaukee, Dec. 13. — "Girls' School" and Hal Kemp's orchestra were the week's favorites with $10,; 000 at Fox's Palace. Second moi went to "The Storm" and Ina Hutton at the Riverside for a $7,500 gross. "Out West With the Hardy's and "Listen, Darling," was the only other bill to break par, collecting $8,500 at Fox's Wisconsin. Estimated takings for the week end- ing Dec. 7-8: "Angels With Dirty Faces" (F.N.) "Service De Luxe" (Univ.) WARNER— (2,400) (35c-50c). 7 days, 2nd week. Gross: $5,000. (Average, $5,000) "Out West With the Hardys" (M-G-M) "Listen, Darlinc" (M-G-M) WISCONSIN — (3,200) (35c-50c). 7 davs Gross: $8,500. (Average. $8,000) "Girls' School" (Col.) PALACE— (2,400) (35c-50c). 7 days. Stage: Hal Kemp. Gross: $10,000. (Average, $5,000) "The Storm" (Univ.) RIVERSIDE — (2.300) (25c-35c). 7 days. Stage: Ina Ray Hutton. Gross: $7,500. (Average, $5,000) "If I Were King" (Para.) "Thanks for the Memory" (Para.) STRAND— (1.400) (35c-50c). 7 days Gross: $3,200. (Average. $4,500) 'Hardys' at $15,500 Smash in Cincinnati Cincinnati, Dec. 13. — Horace Heidt and orchestra helped "Hard to Get" to $16,000 at the RKO Shubert. "Out West with the Hardys" col- lected $15,500 at the RKO Palace, and "The Cowboy and the Lady" was good for $12,000 at the RKO Albee. Estimated takings for the week end- ing Dec. 8 : "The Cowboy and the Lady" (U.A.) RKO ALBEE — (3,300) (35c-42c), 7 days. Gross: $12,000. (Average, $12,000) "Out West With the Hardys" (M-G-M) RKO PALACE— (2,700) (35c-42c). 7 davs. Gross: $15,500. (Average. $10,000) "Hard to Get" (W.B.) RKO SHUBERT— (2,150) (35c-42c-6v>-'> 7 days. Stage: Horace Heidt and Orchestra. Gross: $16,000. (Average, $12,000) "Angels With Dirty Faces" (F.N.) RKO CAPITOL— (2.000) (35c-42c), 7 davs. 2nd week. Gross: $4,100. (Average. $6,500) "A Man To Remember fRKO) RKO LYRIC — (1,400) (35c-42c), 7 days. Gross: $2,800. (Average. 6.500) "Brother Rat" (F.N.) - RKO GRAND— (1.200) (25c-40c). 7 davs, 3rd week. Gross: $2,800. (Averaee. $2,750) "Lawless Valley" (RKO) 2 days "Last Express" (Univ.) 2 days "I Stand Accused" (Republic) 3 days RKO FAMILY— (1,000) (15c-25c) S2.350. (Average, $2,450) "Thanks for the Memory" (Para.) KEITH'S— (1,500) (30c-40c), 3 davs $900. (Average, 7 days. $6,500) "The Shining Hour" (M-G-M) KEITH'S— (1,500) (30c-40c). 4 days $2,400. (Average, 7 davs. $6,500) Gross: Gross: Gross: Table Bill in Cincy On Child Attendance Cincinnati, Dec. 13.— Pending an agreement with school authorities and parent-teacher associations, the City Council has tabled an ordinance re- quiring theatres to obtain an addi- tional annual oDerating license, and prohibiting attendance of children un- der 16 during school hours, and not later than 8 P. M. on any evening pre- ceding a school day, even if accompa- nied by parents, with license revocable by the City Manager for violation. Council's action in deferring the measure was influenced by Charles D. Mervis, manager of the Rialto, repre- senting the suburban exhibitor group. and a cheer for another swell Columbia comedy .... funnier than "There's Always A Woman' WOMAN AGAIN Co-starring M E LVY N VIRGINIA DOUGLAS-BRUCE MARGARET LINDSAY STANLEY RIDGES Screen play by Philip G. Epstein, James Edward Grant, Ken Englund Directed by ALEXANDER HALL A COLUMBIA PICTURE 8 MOTION PICTURE DAILY Wednesday, December 14, 1931 Hollywood Preview "Heart of the North" {Warners) Hollywood, Dec. 13. — Action, adventure and romance are the enter- tainment and commercial qualities of "Heart of the North." Done in color, with practically all action taking place outdoors against picturesque scenic backgrounds, the show features Dick Foran, Gloria Dickson, Gale Page, Allen Jenkins, Patrick Knowles, Janet Chapman, James Stephenson, Anthony Averill, Joseph Sawyer and Joseph King in a Royal Canadian Mounted Police story. Though Sawyer, minion of factor King, holds up a river boat, looting it of its gold and furs, suspicion for the crime is pointed towards Rus- sell Simpson. While inspector Gore is willing to accept King's advice, troopers Foran and Jenkins have other ideas. For following Sawyer's trail, against orders, both are suspended from the service and ordered confined to quarters. Following the sensational blasting of a dam, they steal an airplane and quickly catch up with Sawyer's gang. The cus- tomary shooting episodes follow as well as a hair raising battle on the brink of a cliff before the disobedient "mounties" return with their man. They arrive just in time to prevent Simpson being lynched, force Miss Page to confess that she lied when she identified him as the bandit and as King is killed, Foran and Jenkins are restored to duty and promoted. As Miss Page leaves for civilization there is no further menace to the romance between Foran and Miss Dickson. Melodramatic action and excitement is the essence of the Lee Katz and Vincent Sherman screenplay, based on William Mowery's novel which Lewis Seiler directed. Running time, 80 minutes. "G."* G. McC. 'Shining Hour' Is Capital Best Bet, Capturing $5,800 Washington, Dec. 13. — "The Shin- ing Hour" grossed a good $5,800 at Loew's Columbia, to lead compara- tively. "The Great Waltz," in its second week at Loew's Palace, took $10,500, and "A Man to Remember" drew $10,000 at RKO Keith's. Estimated takings for the week end- ing Dec. 8 : "Drums" (U. A.) LOEW'S CAPITOL— (3,434) (25c-65c) 7 days. Stage: Jay C. Flippen, Vox & Walters, Deane Janis. Gross: $14,500. (Av- erage, $16,500) "The Shining Hour" (M-G-M) LOEW'S COLUMBIA— (1,243) (25c-40c) 8 days. Gross: $5,800. (Average, $4,200) "The Great Waltz" (M-G-M) LOEW'S PALACE— (2,370) (25c-55c) 2nd week, 7 days. Gross: $10,500. (Average, $10,000) "A Man To Remember" (RKO) RKO KEITH'S— (1,836) (25c-40c) 7 days. Gross: $10,000. (Average, $10,000) "Hard To Get" (W. B.) WARNERS' EARLE— (2,218) (25c-65c) 7 days. Stage: Dick Foran, Arren & Broderick. Gross: $14,000. (Average, $16,000) "Men With Wings" (Para.) WARNERS' METROPOLITAN— (1,591) (25c-40c) 7 days. Gross: $3,800. (Average, $4,000) W. E. Declares Dividend Western Electric board of directors yesterday declared a dividend of 25 cents per share on the common stock, payable Dec. 28 to stockholders of record Dec. 23. *"G" denotes general classification. Schaefer Due Monday George J. Schaefer, chief executive of RKO, returns Monday from studio conferences. 'Wings' $12,000 Is Montreal High Montreal, Dec. 13. — "Men With Wings" soared high for the week when it grossed $12,000 at the Palace, and was held. "The Cowboy and the Lady" did well with a $5,000 take at the Or- pheum, while "Service DeLuxe" and vaudeville brought $7,500 to Loew's Theatre. The weather continued mild. Estimated takings for the week end- ing Dec. 10 : "Suez" (20th Fox) CAPITOL— (2,547) (25c -40c -55c -65c), 7 days Gross: $6,500, 2nd week. (Average, $9,500) "Service De Luxe" (Univ.) LOEW'S— (2,800) (25c-40c-50c), 7 days. Stage: Hollywood Star Doubles and vaude- ville. Gross: $7,500. (Average, $8,000) "The Cowboy and the Lady" (U.A.) ORPHEUM— (919) (25c-35c-50c), 7 days. Gross: $5,000. (Average, $5,000) "Men With Wings" (Para.) PALACE— (2,600) (25c-40c-55c-65c), 7 days. Gross: $12,000. (Average, $11,000) "Garden of the Moon" (F.N.) "Racket Busters" (W.B.) PRINCESS — (2,272) (25c-35c-50c-65c), 7 days. Gross: $6,000. (Average, $7,000) Confer on K.M.T.A, Meetings in January Kansas City, Dec. 13. — Frank Cassil, president of the Kansas- Missouri Theatres Association ; George Harttmann, secretary : John Stapel and R. R. Biechele conferred in St. Louis with Fred Wehrenberg, president of the M.P.T.O. of Eastern Missouri and Southern Illinois, and the association's board of directors. Purpose of the conference was to coordinate the series of exhibitor meetings in the eastern and western parts of_ the state. The K.M.T.A. will begin its series in Kansas the week of Jan. 9. The following week the Missouri sessions will be held. Mutual problems will be discussed. Mexican Directors Organizing Union Mexico City, Dec. 13. — Mexican directors are organizing a union that is to be affiliated with Mexico's most powerful labor organizations. A ten- tative regulation is a minimum fee of 7,500 pesos (about $1,500) per picture. Producers are frowning on the /jL po- sition as it would swell costS^too greatly. A 6,000-seat theatre is to be a fea- ture of the headquarters building here of the Confederation of Mexican Workers. Construction will start in January. The confederation has banned "Carmen," produced in Germany by CIFESA, Spanish producer, when the film had been advertised for special showing at the Cine Rex here at the unprecedented top for this city of five pesos ($1.05) for the benefit of the, Spanish Red Cross. The Confedera- tion forbade exhibition, contending that the picture is Nazi propaganda. Canada May Not End Film Tax Until April Toronto, Dec. 13. — Intimation from the Customs and Excise Division of the Department of National Revenue is that the removal of the three per cent excise tax, imposed under the Special War Revenue Act on many imports from the United States and. now scheduled to be abolished in the new trade agreement, will not take place until after the close of the Dominion fiscal year March 31, 1939. Abolition of this tax must be ap- proved by Parliament and it is be- lieved that the legislative machinery cannot be speeded up on the guarantee contained in the pact, although all other provisions of the agreement be- comes effective Jan. 1. The special excise tax is applied against the duty- paid value of all film positives and negatives, projection equipment, cam- eras and parts, accessories and theatre supplies, the custom duties on which are being reduced. Record Closes Deals On 2 New Pictures Fred McConnell of Record Pictures has arranged distribution on Herbert Wilcox's "The Gang," with Syndicate Exchanges, New York and New Jer- sey; Big Feature Rights Exchanges, Ohio, Kentucky and Tennessee ; Prog- ressive Picture Co., Buffalo and Al- bany; Hollywood Film Corp., Phila- delphia; Cameo Screen Attractions, New England; Sack Amusement En- terprises, Atlanta, Dallas and Chicago. "Convicts at Large" has been sold to Cameo, New England; Principal Film Exchange, New York and New Jersey ; Monarch Pictures Co., Pitts- burgh ; Big Feature Rights, Ohio, Kentucky and Tennessee; Hollywood Film Corp., Philadelphia. RCA in Two Circuits Contracts have been signed for in- stallation of RCA Photophone equip- ment in the 80 theatres of the Blank Circuit in the midwest and of the Commonwealth Circuit in Missouri. Myron Blank and Dave Dewey of the Blank circuit and Clarence A. Schultz and Dick Orear, Commonwealth rep- resentatives, negotiated the contracts with RCA. COLUMBIA IS FIRST with a red-hot expose . . . the hottest news Three Outstanding NEW FILMS EASTMAN announces three important new negative films for the professional motion pic- ture field. . . . Plus-X : fast, fine-grained. Unsur- passed for general studio work. . . . Super-XX: super-speed, surprisingly small grain. For diffi- cult newsreel shots, or for use wherever ex- posure is a problem. . . . Background-X : ultra- fine grain, ample speed. For backgrounds. Also excellent for all-round exterior work. . . . These films not only make dramatic advances along their particular lines, but offer the high relia- bility and photographic quality typical of Eastman sensitized materials. Eastman Kodak Company, Rochester, N. Y. (J. E. Brulatour, Inc., Distributors, Fort Lee, Chicago, Holly wood.) EASTMAN Plus-X... Super-XX ... Buchground-X RADIO MOTION PICTURE DAILY Wednesday, December 14, 1938 ► Radio Personals < ARTHUR BORAN has been ap- pointed to head the radio show of the Christian Committee for the Relief of Jewish Refugees to be staged tomorrow at the Academy of Music. . . . Abbott and Costello, of the Kate Smith program, are being considered for a picture berth by- Warners. . . . Rosalind Sherman, for- merly of WINS, has joined the WNEW staff and will conduct her in- terviews over that station hereafter. Frank Parker returns to the Burns and Allen show as regular vocalist Dec. 16. . . . Carl Lloyd, a newcomer to radio, has joined the night press staff at CBS. . . . John Edwards has replaced Bob Baral on the overnight trick in the same publicity office. . . . Eddie Davis, bandleader father of Hal Davis of the CBS press staff, has joined with Martin Dicker in a new radio production setup. Horton Is Appointed Sales Head of WEEI Kingsley Horton, for the past two years account executive at Radio Sales, Inc., selling bureau for CBS owned and operated stations, has been named sales manager of WEEI, Bos- ton, and will start his new duties on Monday. He will be succeeded at Radio Sales by Frank R. McDonnell, formerly head of Advertisers Service, Inc., a transcription subsidiary of Gene Grombach. Has Frisco Fair Show San Francisco, Dec. 13. — Homer Griffith, former WLW commentator who conducted promotional programs for the Chicago and Dallas exposi- tions, has started a similar show on KJBS here for the 1939 Golden Gate International Exposition. Assisted by Mrs. Griffith, he airs a chatty "guide" to various attractions at the forthcom- ing fair. Ayers on WOR Today Col. Leonard P. Ayres, economist and banker, will be heard over WOR- Mutual today from 1 to 1 :30 P.M. in a talk on "The Outlook for Busi- ness in 1939" to the Cleveland Cham- ber of Commerce. The broadcast will be recorded and broadcast again over WOR-Mutual from 11:15 to 11:45 P.M. Washington, Dec. 13. — Extension of time of KATE, Albert Lea, Minn., from day to unlimited with 100 watts power night, 250 watts day, has been approved by the Federal Communica- tions Commission. Acting on a number of broadcast cases, the commission . denied the ap- plications of the Florida West Coast Broadcasting Co., for a 1,300-kilo- cycle, 250-watt daytime station at Clearwater, Fla. ; Pawtucket Broad- casting Co. for a 1,390-kilocycle, 1,000- watt station at Pawtucket, R. I. ; George H. Payne for a 1 ,440-kilocycle, 500-watt station at San Jose, Cal., and W. A. Steffes for a 1,310-kilo- cycle, 250-watt daytime station at Minneapolis. A number of applications were set for hearing, including those of Great Union High School District for a 1,420-kilocycle, 100-watt daytime sta- tion at North Sacramento, Cal. ; Niagara Falls Gazette Publishing Co., for a 1,260-kilocycle, 1,000- watt day- time station at Niagara Falls, and KERN, Bakersfield, Cal., for change of frequency from 1,370 to 1,380 kilo- cycles and increase of power from 100 to 1,000 watts; KMJ, Fresno, Cal, for increase of day power from 1,000 to 5,000 watts; WTAQ, Green Bay, Wis., for increase of power from 1,000 to 5,000 watts, and WDAN, Danville, 111., for extension of time from day to unlimited with 100 watts night, 250 watts day. Authorization to erect a new 1,270- kilocycle, 250-watt broadcasting sta- tion has been asked by the Broadcast- ing Corporation of America, River- side, Cal. An application also has been filed with the commisison by WKBN, Youngstown, O., asking for an in- crease in day power from 500 to 1,000 watts. Sues CBS on Song Los Angeles, Dec. 13. — Austin Cor- coran has filed suit in Federal Court, asking $175,000 from CBS, Mont- gomery Ward & Co., and Wills Carter, alleging plagarism of his poem, "Plain Bull," which was made into a song and sold on records. CBS is alleged to have broadcast the song. There Is No Santa Claus Foreign publicity managers of major companies at a meeting at M. P. P. D. A. headquarters voted to dispense with the Christmas ban- quet this year. YOU ASKED FOR THEM! YOUR AUDIENCE WANTS THEM "THE SCREEN TRAVELER" Quality Travel Shorts . . . EXCELLENT . . . ARTISTIC— M. P. Daily. . . . EXCELLENT— M. P. Herald. . . . MAGNIFICENT . . . OUTSTANDING . . . SCENIC DELIGHT — Film Daily. . . . FASCINATING . . . EXCELLENT . . . SUPERB — Showmen's Trade Review. First run bookings in New York City at Radio City Music Hall, Roxy, Rivoli Theatres, etc. Foreign Distribution by United Artists Metro-Goldwyn-Mayer PAUL P. DEVLIN T. , - ,. 2 west 67th street 30 1 imely Sublets New York, N. Y. Key territories still available. NAB Affirms Vote For New Standard Washington, Dec. 13. — National Association of Broadcasters' directors, meeting here yesterday, affirmed the four resolutions adopted at the New York meeting of the N.A.B. and net- work heads last week. It was voted that: ( 1 ) In view of the growing com- plex order of American life, a com- mittee be appointed to re-evaluate the N.A.B. code of 1935. (2) That the committee secure from all stations and networks cop- ies of existing program policies and practices. (3) That following a study of these, a new Standard of Practices be written for N.A.B. member stations. (4) That a copy of the Standard of Practices, when approved by the N.A.B., he submitted to all N.A.B. broadcasters for study, prior to the next annual meeting, at which time the entire membership will consider the matter in convention. The N.A.B. also adopted a resolu- tion today saying, "it is the sense of the N.A.B. that American broadcast- ing stations should not carry adver- tising for distilled spirits." The board explained that by distilled spirits is meant "hard liquor." 'Bowery Mission' Is Renewed Over WHN Gottfried Baking Co., sponsoring the "Bowery Mission" broadcasts for the past year on WHN, has closed a contract to continue its sponsorship for another 52 weeks, starting with the broadcast of Jan. 8. Community Opticians, in another WHN deal, has renewed sponsorship of the "Early Bird" program for an- other 18 weeks. The series is a par- ticipation show. Commonwealth Ad- vertising handled the placement. Nesle-Lemur Co. has renewed its contract for participation in the "Polly, the Shopper" show, for 13 weeks. Monroe F. Dreher, Inc., is the agency. Renew 3 NBC Shows J. B. Williams Co. program, "True or False," heard Monday -10 to 10:30 P. M. over the NBC Blue and "Get- ting the Most Out of Life," sponsored by Standard Brands and heard from 11:45 to noon, have been renewed for 52 weeks effective Jan. 2. J. Walter Thomson is the agency. "Tale of To- day" for Princess Pat, Ltd., over NBC also has been renewed for 52 weeks, effective Dec. 18. Gale and Pietsch is the agency. Grant to Kellogg Show Cary Grant has been signed by the J. Walter Thompson agency to co- star with Carole Lombard, previously signed, in the forthcoming new net- work series of the Kellogg Co., which begins over the NBC-Red network Jan. 15 at 10 P. M. Remainder of the cast still is unsigned. Mutual to Air Grid Game Mutual will broadcast exclusively the play-by-play description of the annual East-West all-stars football game on Jan. 2, from 4 :45 P.M. until the end of the game. The broadcast will originate through the facilities of Mutual's affiliate KFRC B anner LINES TO the query, "What was your greatest disappointment in life?" Irmgard Maron provided an elo- quent answer, on Ed East's program over WHN the other night, rXhi Maron, a German refugee in ArfW\ca but a short time, replied that she was > disillusioned by twentieth-century cul- ture. T Tom Revere, director of radio for ■ Benton & Bozvles, is a guesser par excellence when it comes to deducing what Crossley ratings will be. In a discussion with this department, Ton; opined that the first Crossley on "In- formation Please" would be no bet- ter than the medium, which is about six. We thought that it would be nine or 10. Revere won, of course. T A "must" on everyone's dial should be "Cavalcade of Amer- ica," broadcast over CBS Dec. 19, at 8 P. M., when the life of the late Will Rogers will be the subject of the dramatization. T Alton Cook, radio editor of the World-Telegram, appeared on the "Battle of the Sexes" the other eve- ning and earned a perfect answer score — a perfect zero, same as he got on "Information please." He's really a bright fellow, though. Luck to Tom Brooks, the WNEW newscaster, and Norm Weiser, whose play "Hell's Pennies" has been bought by Elsa Granger Productions. The play is already cast and will go into production immediately, Sam English directing. There is to be a dance in hon of the delegates attending the Conference of American States in Lima, Peru, tonight, and some one at NBC envisioned the horrifying picture of the United States dele- gates tripping to the unfamiliar strains of the Peruvian rhumba bands. Accordingly there was a hasty conference at NBC yesterday, resulting in the booking of some good old Yankee swing bands whose music will be short-waved to Lima during the main daneins hours. The music will be by Art Shaw, Phil Spitalny and Russ Mor- gan. If that isn't the ultra in network service, it will do until some better example comes along — Jack Bannee Authors Suing NBC Suit for $175,000 damages against NBC has been filed in N. Y. Supreme Court bv Lodewick Vroom and George W. Butler, authors, for alleged breach of contract. The authors claim that NBC agreed to obtain a sponsor for their program, "Understudy Hour," for 26 weeks at $1,000 weekly. In addition, they charge that the idea was used with modifications which de- stroyed the value of the program and that thev are now unable to market it. Axton-Fisher on WNEW A don-Fisher Tobacco Co. has closed with WNEW for 30 spot an- nouncements weekly on a 52-week deal. McCann-Erickson, Inc., is the agency. iThe Audit of Personalities SCREEN RADIO CONCERT Recording the elections of the box office public as set down by vote of showmen of the world NEW YORK . CHICAGO . LONDON . HOLLYWOOD f7 always thought National Screen Service was too rich for my blood . . . figured my little theatre out here in the sticks couldn't afford your trailers . . . but I guess the best is the cheapest when it comes to trailers . . Right you are, sir! National Screen Service is geared up to serve the smallest, most obscure theatre in the land . . . and from there, right up to the biggest first-run Palace. . . . And the same showmanship, the same thought and care goes onto every one of the 12,000 screens we serve. No form of theatre advertising costs so little as National Screen Service Pre-vues. This is one form of advertising that the smallest theatre can use at its best; can equal every other theatre in showmanship and quality. Every theatre can afford National Screen Service! In fact, NO theatre can afford to be without it. CHECK RESULTS AGAINST COST . . . THERE'S TICKET-SELLING SHOWMANSHIP IN NATIONAL SCREEN PRE-VUES! to the Picture Industry ition MOTION PICTURE DAILY "r0I- 44. NO. 117 NEW YORK, THURSDAY, DECEMBER 15, 1938 TEN CENTS Theatre Units Split on Trade Practice Draft Independents Are Not Satisfied, Some Approve Reports from exhibitors which are coming in from various parts of the country indicate that the exhibitors are divided on the question of approv- ing or disapproving the tentative terms of the trade practice program for the industry recently submitted to them after extensive negotiations be- tween their representatives and the distributors. There is much opposition in Allied circles and among certain other inde- pendents. To these the present terms are unsuitable. On the other hand, cer- tain independents favor the plan. Gen- erally the plan seems to have the ap- proval of the affiliated exhibitor units. Nathan Yamins, national president of Allied, already has indicated that (Continued on page 4) Kane Sailing for Home Office Talks London, Dec. 14. — Robert T. Kane, head of 20th Century-Fox British pro- duction, will sail for New York early in January for conferences with Sid- ney R. Kent, president, and Darryl Zanuck, the company's production chief. Walter J. Hutchinson, foreign man- ager for 20th Century-Fox, is ex- pected in New York Dec. 22. He will sail from here accompanied by F, L. Harley, 20th Century-Fox Brit- ish manager, and Ben Miggins, con- tinental chief. The company's quota program of "A" pictures for next season, to be produced by Gainsborough (G. B.) includes two with Annabella, and two films with Gracie Fields and Will Fyffe, in addition to "Crazy Gant," "Rob Roy," and possibly also "Hindle Wakes." "Rob Roy" will be in color. Monty Banks will direct one of the films. These pictures will be made under Kane's supervision by Maurice Ostrer and Edward Blatt. Goldsmith to Coast For Talks on "Sousa" Judge Frederick E. Goldsmith, at- torney for James Gillespie, left for the coast yesterday to confer on disposi- tion of the film rights to "The Life of John Philip Sousa," which are held by Gillespie. Several Firms to Pay Xmas Bonuses Christmas bonuses will be paid this year by several major companies, as in other years. United Artists has ap- proved a bonus of one week's salary for all employes. Loew's, 20th Century - Fox and Paramount are consider- ing bonus payments and may take action on the same basis as last year. Other companies were non- committal on the subject, in- dicating that no decisions on the extra payments had been made yet. RKO May End Current Year In the Black With a net profit of $250,000 for October, RKO is expected to over- come the $480,000 loss for the first six months of 1938 and may finish the year in the black. Third quarter earnings are estimat- ed at around $125,000. Operations during July were about even, while the company was in the black by a modest margin during August and September. With the October results, the deficit for the year was reduced to around $140,000. November and December operations are in the black, although not up to the October pace. Regardless, the results for the final quarter may run around $350,000, giv- ing RKO either a break-even or a small profit for the year. Significance of the figure for 1938 lies in the fact that it is arrived at after including provision for $765,000 (Continued on pave 3) Schenck to Testify In His Own Defense Nicholas M. Schenck probably will be the first witness for the defense in the minority stockholders suit against Loew's, Inc., in the N. Y. Supreme Court. The plaintiffs are expected to end their testimony today. Following Schenck the expected witnesses will be Eugene Leake, J. Robert Rubin and David Bernstein. H. M. Bardt of the Bank of America, one of the executors of the estate of Irving Thalberg, also may be called. The appearance of Louis B. Mayer on the witness stand is questionable as his services are required on the coast. Reading of depositions con- tinued at yesterday's hearing. SAMUEL GOLDWYN FOR DIVORCEMENT National Effect Of Giveaways To Be Studied Before determining to abandon chance games in metropolitan New York theatres, the committee of ex- hibitors named by Harry Brandt to study the situation has decided to broaden its scope and attempt a survey of the effect of giveaways around the country, which will take several months. Also, the committee at a meeting in the Astor Hotel, yesterday, decided to enlarge its membership to include representatives from Skouras Theatres, Randforce, Prudential, In- terboro and the Cocalis theatres. Presently the committee stands at 7. The committee has no plan on how to embark on its survey or how to eliminate giveaways. The study which the committee pro- poses to make may provide the exhib- itors with alternative stimulants for the box office. Committee members, at present, in- clude C. C. Moskowitz, J. J. O'Con- nor, Max Cohen, Walter Reade, (Continued on page 4) No Para. British Theatre Expansion Paramount will not try to expand its theatre operations in Britain. This was indicated following conferences on British and European operations at the home office this week with Barney Balaban, Adolph Zukor, Stanton Grif- fis, John W. Hicks and David Rose participating. Discussions about the company's British policies and future operations will be concluded today with deci- sions to be reached on the scope of Zukor's duties in his new post as head of the company's European operations, Paramount's British production pol- icies and program and management of its distribution organization in Eng- land, as well as the manner of filling the post vacated by John Cecil Graham. Rose returns to London tomorrow on the Queen Mary and Zukor will accompany him unless further confer- ences result in some delay. Griffis leaves for a two-week Florida vaca- tion next Wednesday. James Roosevelt Issues Statement, Giving Producer's Views By WILLIAM CROUCH Chicago, Dec. 14. — James Roose- velt, in a formal statement, tonight, said that Samuel Goldwyn and he favored separating production from distribution and theatre operation. This statement was made to dispel the impression that his "connection with the film industry had a direct connec- tion with pending anti-trust suits against the major companies." "I shall take no part whatsoever in the negotiations or proceedings with the Government," said Roosevelt, vice- president of the Goldwvn organization. Mr. Goldwyn and myself happen per- sonally to agree with the Govern- ment's position in favor of separating the production companies from theatre ownership and operation. "The company by which I am em- ployed is not named in any of the suits. Mr. Goldwyn and I were in agreement long before my association with his company became effective concerning the above facts. Just a Private Citizen "I am going to work in the film in- dustry as a private citizen in business with no political aspect of any kind." Roosevelt stated that he was making the statement after consultation with Mr. Goldwyn and with the latter's full approval. "I want to make perfectlv clear," he said, "my position with regard to (Continued on page 4) Box-Office War Threatens Loop Chicago, Dec. 14. — B. & K. will reopen the State-Lake here Christmas Day with a 40-cent top admission. Price is 15 cents under Jones, Linick & Schaefer's 55-cent top at the Oriental, just around the corner, which has inspired the local trade to speculate on the possibility of a price war developing in the Loop houses. State-Lake will have stage show and "B" product, and Oriental is on the same pol- icy. B. & K. however, has choice of product where that policy and class of house is involved. MOTION PICTURE DAILY Thursday, December 15, 1938 4 Purely Personal ► BRIGADIER General J. L. Ben- edict, commandant of West Point, and Mrs. Benedict will entertain the senior staff of the academy at dinner and the evening showing of "The Duke of West Point" at the Music Hall tonight. • Walter Reade, Walter Reade, Jr. and Charles Byran, general man- ager of Reade Theatres, are leaving for Albany Sunday to attend the Schine testimonial dinner Monday. • Sam Pinanski returned to New York yesterday from Boston for fur- ther conferences at the Paramount home office. He was here for about 10 days on another recent visit. • Rudolph Bach, formerly with G.B., has joined the New York sales staff of Columbia's foreign films distrib- uting department, headed by Budd Rogers. e Father Baltasar and Father Benigno of the Caroni Mission in Venezuela have arrived with the first documentary film of the Venezuelan wilds. 0 Y. Frank Freeman, Jr., will leave New York for Hollywood tomorrow to join his family. He has no ad- vance assignment from Paramount. • William F. Rodgers, M-G-M dis- tribution head, and E. M. Saunders, western division manager, may return Monday from the coast. • Nate Goldstein and Hunter Perry are in New York for confer- ences with Barney Balaban, Para- mount president. • J. Cheever Cowdin, Universal board chairman, is expected back from the coast tomorrow by plane. • Robert Ritchie, a director of M-G-M's British studios, is due today on the Queen Mary. • Alexander Korda returns to New York today from Canada and will leave for the coast tomorrow. THE FASTEST ROUTE COAST-TO-COAST • TWA has3fast coast-to-coast (lights daily each way. "Sky Chief" leaves Los Angeles 4:45 p.m., puts you in New York next morning! Skysleepers — with separate lounge and sleeping compartments. Transcontinental & Western Air, Inc. In New York: Phone MU 6-164U 70 East 42nd Street In Los Angeles: Phone Ml 8881 540 West 6tn Street OR YOUR TRAVEL AGENT m Hollywood Preview THE ROUTE OVER THE "Dawn Patrol" ( W arners) Hollywood, Dec. 14. — Stark, two-fisted drama, leavened with touches of comedy, is the essence of Warners' "Dawn Patrol." An intensely mov- ing, gripping story, it tells of the adventures of a group of British fliers during the World War. As in the original, produced in 1930, the cast contains no women and the narrative deals with the emotions of men, strong and weak, under the mental and physical stresses of warfare. The exploitation campaigns can be taken from the newspaper headlines. Artistically and technically, the picture is all that could be desired. The cast is headed by Errol Flynn, Basil Rathbone, David Niven, Don- ald Crisp, Melville Cooper and Barry Fitzgerald. They are supported by Carl Esmond, Peter Willes, Morton Lowry, Michael Brooke, James Burke, Stuart Hall, Herbert Evans and Sidney Bracy. Individually and collectively, they surrender themselves as individuals and emerge as the film characters they are portraying. Seton I. Miller and Don Totheroh, who wrote the 1930 screenplay with Howard Hawks, wrote the script for this, and alleviated some of the grimness of the John Monk Saunders story for this version by inter- polating, in orderly fashion and clear sequence, scenes of punchy comedy. The film is crowded with thrills, from exciting aerial combat maneu- vers and dogfights to the sombre takeoffs of inexperienced replacements who do not return. Rathbone, as commander of a squadron near the front lines, is pro- moted to general headquarters as a reward for the daring exploits of Flynn and Niven, who have made an unauthorized sortie and demolished an enemy airdrome. Rathbone, who has been driven half-crazy because of Flynn's taunts that he is a murderer for sending inexperienced fliers to their deaths, appoints Flynn to head the company. Flynn, obeying orders, sends Niven's young brother to his death, and the pair, previ- ously the best of friends, are estranged. Then Flynn tricks Niven out of a dangerous mission, and flies to his death. The picture ends as Niven, now squadron commander, issues orders to a new group of inexperi- enced fliers. Credit for the production goes to Associate Producer Robert Lord and Executive Producer Hal B. Wallis. Running time, 105 minutes. "G."* Vance King 'G" denotes gcneml classification. Labor News and Events SEATTLE UNIONS ELECT Seattle, Dec. 14— New officers of the I.A.T.S.E. Seattle locals for 1939 are as follows : Local 154, projectionists: Harry Lampman, president; Andrew Evans, vice-president; Jay Brown, recording secretary; Robert Cameron, financial secretary; James McNabb, business agent ; Frank Myers, treasurer ; P. A. Snider and Donald Dvorak, members- at-large; Warren Smith, Frank Cook and Harry Clark, trustees. Local 15, the stage employees : Charles Crickmore, president; E. A. Clark, financial secretary; E. C. Booth, recording secretary; Colin Durie, treasurer; Basil Grey, business agent; Al McKay, sergeant-at-arms ; Earl O. Gunther, Central Labor Coun- cil delegate, all reelected. OUSTER FIGHT IN COURT Oklahoma City, Dec. 14. — A dis- pute over dismissal of two employes sent the local I.A.T.S.E. union into district court with an application for an injunction against Standard Thea- tres Corp. The union cited a contract nego- tiated Oct. 11 by Joe Campbell, agent for the union, and Byron F. Moore, general manager of Standard, which provided the number of union em- ployes to be hired. The contract, the suit alleged, provided for hiring of two additional maintenance men whom Moore said he planned to dismiss. A temporary restraining order was is- sued and hearing was set for Dec. 30. STAGEHANDS TALK RENEWALS Stagehands Local 1, I.A.T.S.E., met last night to consider terms for re- newal of the contract with circuits operating in Manhattan, Bronx and Staten Island. The meeting started at midnight. Under consideration were proposed wage increases and whether the contract should run until September, 1939 or September, 1940. RESTORE CLEVELAND CUT Cleveland, Dec. 14. — Cleveland op- erators union, Local 160, have had re- stored the 10 per cent pay cut, effected in the early fall for a 10-week period. ROGERS CAROLINA HEAD Winston-Salem, N. C, Dec. 14. — Harry Rogers has been reelected pres- ident of I.A.T.S.E. Local 635. Other officers elected were Paul Peddycord, vice-president ; H. R. Faust, corre- sponding and recording secretary; John Robertson, financial secretary; O. L. Ziglar, treasurer and business representative ; Lee Craver, sergeant- at-arms ; Johnny Keenan and P. D. Peddycord, trustees. Equity Council to Study Cooperative, Experimental Issue In an effort to stimulate interest in the experimental and cooperative legi- timate theatre, the council of Actors' Equity lias appointed a committeM study the matter. General complaint from actors and directors is that re- hearsal costs and minimum wage scales required from commercial pro- ducers, prevent groups of actors from getting together in experimental groups of their own. Heretofore, the council has_ imposed the same terms on cooperative and commercial enterprises on the theory that if the rules were relaxed, com- mercial producers would use it for tryout purposes and evade the regular rehearsal payments. The committee composed entirely of Equity members, has three members who are success- ful directors. Margaret Webster, Worthington Miner and Antoinette Perry are the directors who will serve with Hugh Rennie and Winifred Len- ihan, chairman. Regular quarterly membership meet- ing of Equity will be held tomorrow at 2 P. M. at the Astor. Subjects due to come up for discussion are the threatened WPA layoffs and new reg- ulations covering penalties for mem- bers who pay excessive commissions to agents. Grainger Leaves to Spend Xmas in West James R. Grainger, Republic pres- ident, left last night for the coast to spend the holidays with his son, Ed- mund, in Beverly Hills. He is mak- ing stopovers in Chicago, Des Moines, Denver and San Francisco. Mrs. Grainger accompanied him to Chicago and is proceeding to the coast. He expects to return about Jan. 15, stopping in southern cities for con- ferences with franchise holders en route. Arthur C. Bromberg, head of Re- public Pictures of the Southeast, has closed a new five-year agreement with Republic, for distribution of its prod- uct through his five exchanges. The deal was worked out at the home office with H. J. Yates and Grainger. MOTION PICTURE DAILY (.Registered U. S. Patent Office) MARTIN QUIGLEY, Editor-in-Chief and Publisher; SAM SHAIN, Editor; JAMES A. CRON, Advertising Manager. Published daily except Saturday, Sunday and holidays by Quigley Publishing Com- pany, Inc., Martin Quigley, president; Colvin Brown, vice-president and treasurer. Publication office: 1270 Sixth Avenue at Rockefeller Center, New York. Telephone: Circle 7-3100. Cable addresss: "Quigpubco, New York." All contents copyrighted 1938 by Quigley Publishing Company, Inc. Address all correspondence to the New York office. Other Quigley publications : Motion Picture Herald, Better Theatres, Teatro al Dia, International Motion Picture Almanac and Fame. BUREAUS: — Hollywood: Postal Union Life Building, Vine and Yucca Sts. ; Boone Mancall, manager; William R. Weaver, editor. Chicago: 624 S. Michigan Ave., C. B. O'Neill, manager. London : 4 Golden Square, W. 1: cable address, Quigpubco, London; Hope Williams, manager. Entered as second class matter Sept. 23, 1938, at the post office at New York, N. Y., under the act of March 3, 1879. Subscription rates per year $6 in the Thursday, December 15, 1938 MOTION PICTURE DAILY 'Manton' Dual Pulls $16,000 In L. A. Slump I -^Angeles, Dec. 14. — Pre-Christ- rn/f850) (25c-50c) 1 days. Gross: $8,500. (Average, $6,500) "Down on the Farm" (ZOth-Fox) 'Secrets of a Nurse" (Univ.) *,^LT?N-U>7S0) U^-Wc) 7 days. Gross: $3,100. (Average, $4,600) Brother Rat" (W.B.) *,??r^NZ:(3'400) (25c-5°c) 7 days. Gross: $16,500. (Average, $16,500) 'The Lady Objects" (Col.) 'The Storm" (Univ.) SENATOR— (2,000) (25c-40c) 7 3ross: $3,460. 'Young Dr. Kildare" (M-G-M) STANLEY-(3,750) (2Sc-60c) 7 (Stage 6 days) Stage: Duke Ellington and orchestra, featuring Ivy Anderson. Gross $16,700. (Average, $21,000) "Angels With Dirty Faces" (W.B ) WARNER— (2,000) (25c-40c) 7 day Gross: $6,300. (Average, $5,500) days. days. 'Pygmalion' Draws $16,000 for Week First week of "Pygmalion" shown at popular prices at the Astor, drew a capacity crowd each day and finished with an estimated $16,000. "Out West with the Hardys" brought an esti- mated $35,000 at the Capitol and holds over there. "Dramatic School" was weak with an estimated $64,000 at the Music Hall. "Duke of West Point" opens there today. "Thanks for the Memory" totaled an estimated $34,800 at the Paramount and is in its second week. At the Strand, "Angels With Dirty Faces" goes into its fourth week Friday. "Last Warning" attracted an esti- mated $5,000 at the Rialto. On Dec. 21, "Heart of the North" starts there. "40 Little Mothers" (National Pic- tures) opens at the 55th St. Playhouse Dec. 23. It is a French production for- merly known as "Le Moiche." Delay Granted on WW's Power Plea Washington, Dec. 14.— F. C. C. to- day granted the petition of the Crosley Radio Corp. for postponement of oral argument on the WLW application for extension of its super-power permit. The hearing, originally scheduled for tomorrow, now is set for Dec. 22 and, in order that all members of the Commission may attend, the monopoly investigation will recess for the Christ- mas holiday on Dec. 21 instead of Dec. 23, as originally planned. The mon- opoly hearing will resume Jan. 4. CEA to Renew Study Of Doubles Problem London, Dec. 14— General Coun- cil of the Cinematograph Exhibitors' Association has formed a new nego- tiating committee empowered to fe- explore the problem of two "A" fea- tures on one program. Birmingham and Bristol branches of the CEA. challenged the former committee's decision that there is no solution to the problem. The new committee was instructed to approach collectively those houses running double bills of "A" films. Mark, President of WOL, Passes at 61 Washington, Dec. 14. — LeRoy Mark, president of the American Broadcasting Co., which operates WOL here, died yesterday at the age of 61 He was a native of Washington, son of George A. Mark, Librarian of Con gress from 1867 to 1887. He is sur vived by his widow and four children. Radio Company Formed Albany, Dec. 14. — Vacutron, Inc., has been licensed to conduct a radio, broadcasting and wireless business in New York state. Leo Rosen, and Mary E. Rosen and Emanuel Alexan- dre, New York, are directors, Workers Film Group Is Active in London London, Dec. 14. — Workers' Film Association, under the banner of which are labor party, trade union, and co-operative groups, has begun active work. A special conference and dis- play was organized by the National Council of Labor to enable organiza- tions in the movement to become ac- quainted with its aims and activities. The association will advise asso- ciated bodies on production, and will engage in the hiring out of films, projectors, cameras and road shows of labor pictures. RKO Is Expected To Finish Current Year in the Black (Continued from page 1) interest on $11,600,000 of debentures outstanding. Under the RKO reor- ganization plan these interest charges will be eliminated, with the deben- tures being replaced by $11,600,000 of six per cent first preferred. Thus, 1938 operations would be equivalent to a net of around $775,000 before first preferred dividends, when considered on the capital basis of a reorganized RKO. Figure means that even 1938's modest net is more than sufficient to meet the dividend on the new first preferred of a reorganized RKO. RKO theatre companies are main- taining a good profit-pace and the pic- ture company has been breaking about even or possibly showing a small profit for the past several months. Cash position of the parent company continues healthy. Dividends of some theatre subsidiaries have been and will be passed during this quarter, with the cash permitted to remain in the treas- uries of the subsidiaries for no other reason than that the parent company is in no need of additional funds. RKO's only high negative cost pro- duction currently is "Gunga Din." An amortization reserve could be set up out of earnings for the final quarter, if deemed advisable, in which case current estimates of 1938 earnings would be reduced in proportion to whatever reserve was created. How- ever, at this time no other special charges which would materially affect the 1938 report are in view. ■Hfi MOTION PICTURE DAILY 4 Some Exhibitor Groups Don't Like Industry Program (Continued from page 1) the tentative terms were what he con- sidered "unacceptable." Northwest Allied at a recent meeting in Minne- apolis disregarded the admonitions of its leader, W. A. Steffes, and voted to recommend to its board not to ap- prove the tentative terms. Yesterday, two more independent exhibitor groups opposed the draft. Theatre Owners and Managers of the Rocky Mountain Region and the I.T.O. of Southern California and Arizona. Xeither is affiliated with Al- lied or the M.P.T.O.A. The Rocky Mountain group, meet- ing in Denver, voted unanimously to reject the proposals and instructed its directors to prepare a program em- bodying1 the organization's original demands. The principal demand is a straight 20 per cent cancellation. The organization also wants elimination of score charges, no forcing of shorts and an end to move-over runs. Los Angeles Not Satisfied In Los Angeles, Albert Galston, president of the I.T.O., expressed keen disappointment with the draft, declar- ing it does not in most instances "com- prise the intent or the substance of the points presented by the Association's delegates at the New York confer- ences." The unit's directors went on record as asking that the distributors' com- mitte reconsider its proposals in order to meet exhibitors' objections. Gal- ston has written W. F. Rodgers, M-G-M sales chief and distributor committee member, to that effect. "We cannot believe that the distrib- utor committee was unanimous in the final adoption of its draft," Galston said. "We will continue our negotia- tions and we believe subsequent ses- sions with distributors will bring about more complete adoption of the balance of our points." Buffalo Group Approves The Buffalo M.P.T.O., however, has approved the draft with few ex- ceptions. This unit is affiliated with the M.P.T.O.A., the president of which, Ed Kuykendall, has also ex- pressed objections to some of the im- portant provisions. A meeting of more than 100 mem- bers of the Buffalo unit, early this week, recommended that the clause relating to box-office reports be de- leted. It was urged that the propo- sals become effective immediately on all contracts. M-G-M Auditors to Hold Meeting Dec. 27 M-G-M will hold its annual audi- tors' meeting at the Astor on Dec. 27 to 29, with Alan F. Cummings, in charge of exchange operations, and C. K. Stern, assistant treasurer, con- ducting the sessions. Nine traveling auditors and home office representatives will attend. New methods of branch operation and plans for the coming year will be dis- cussed. William F. Rodgers, Tom Connors, E. M. Saunders and other home office executives will talk to the men. Goldwyn Advocates Theatre Separation (Continued from page 1) the Government suits against certain members of the film industry. I do this only because of certain statements which have given the impression that my connection with the film industry has a direct connection with the suits." Roosevelt will spend six weeks in the east studying distribution in the Goldwyn office and return to Holly- wood in February. He has not spoken with any theatre men here nor has he any such in- tention. Scotch Showmen Hit School Group Rating Loxdox, Dec. 14. — Exhibitor circles in Scotland are disturbed at a recent report of the Edinburgh Education Committee, which classifies the film theatre as an employment source un- suitable for boys under 15 asking for exemption from the school age limit. The inclusion of the theatre in that category is thought to blacklist it as an undesirable occupation, and Edin- burgh exhibitors have decided to send a letter of protest to the committee correcting allegations and pointing out the great opportunities for promotion and advancement for young people in the industry. Quizzo Charges Are Dismissed in Phila. Philadelphia, Dec. 14. — Gambling charges against Nathan Abelove and Alfred Shrier, of the Ritz, in the Quizzo test case, were dismissed today by Judge Bonniwell. In dismissing the case Judge Bonni- well said that half the people have to play Bingo or numbers while a few can play the stock market and be called philanthropic. Cinecolor Votes Dividend Hollywood, Dec. 14.- — Dividends to- taling $12,210, covering a five-month period, will be paid to holders of com- mon stock of Cinecolor, Inc., as of Dec. 23, it was announced today. A similar amount was paid last June. Toronto, Dec. 14. — Government re- port on operation of theatres in the Dominion reveals that only 28 per cent of the total seating capacity of 1,047 theatres in the country is occupied at every performance during the year, the average for the previous year be- ing 29 per cent, when there were 88 fewer theatres in operation. The total seating capacitv of all theatres is given as 601,611, and, therefore. 168,000 seats are occupied on the average. Further statistics show the average percentage of seats occupied in cities of 100,000 population and over was 30 while in the smaller centers the aver- age was 26 per cent. The ratio is rela- tively higher in theatres having accom- modation for less than 800 persons with an average of approximately 31 Canada's License Fee Less Than US Charge Toronto, Dec. 14.— Col. O. M. Big- gar, solicitor for the Canadian Per- forming Rights Society, has answered the strong protests of the Canadian Association of Broadcasters to the pro- posed increase in the society's license fees for 1939 to S154,588 from the present total of $83,081, by declaring that the new charge is only 75 per cent of the levy collected in the United States. The new Canadian rate averages 14 cents per licensed receiving set in use in the Dominion as compared with the previous fee of 8 cents charged by the Canadian society and, according to Col. Biggar, the levy in Canada is con- siderably less than that charged in other English-speaking countries. In Australia, he said, the charge is 33 cents, while that in New Zealand is 18 cents. These figures have been challenged by Brooke Claxton of the Canadian Broadcasting Corp., who declared that the royalties collected in other coun- tries had no bearing on the Canadian situation. Claxton declared that the Australian rate was 20 cents and not 33 cents while the fee in New Zealand was 15 cents and not 18 cents. The Canadian license fee for music used on the air should be fixed on Canadian conditions. Canada had fewer radio sets per square mile than other coun- tries, less revenue per square mile and less broadcasting power. Moreover, Canadians listened much more to for- eign stations, notably the United States, than did listeners in other countries. All these factors should be taken into consideration by the Copyright Appeal Board before approval is given to the 1939 schedule of fees, Claxton declared, and the society should prove conclus- ively that any increase was warranted. Will Appeal Fines For Sunday Opening Cambridge, O., Dec. 14. — Dan Gil- hula, operating the Cort, and three of his employes, recently arrested for vio- lation of the Sunday closing ordinance, have signified intention to appeal their cases, following imposition of fines of $50 each in Municipal Court. Repeal of the Sunday law was voted down at the November election, and Gilhula proposes to make a test case. per cent for all performances. The average for theatres having more than 800 seats is 27 per cent for the year. The total number of employes for the 1,047 Canadian theatres was 6,950, of whom 5,294 were men. In its subsequent report, the Gov- ernment showed that the average per capita expenditure for film entertain- ment during 1937, based on a popula- tion of 11,120.000, was $2.93, as com- pared with $2.70 in 1936 and $2.33 in 1933. Figures for the respective prov- inces for 1937 were given as follows : British Columbia, $4.82; Ontario, S3.90; Quebec, $2.15; Nova Scotia, $2.41; New Brunswick, $1.86; Prince Edward Island, $1.23; Manitoba. $3.07; Saskatchewan, $1.48; Alberta. $2.44. Thursday, December [5, 1938 Neagle Will Make Film for RKO in Deal With Wilcox Anna Neagle, star of Herbert Wil- cox; films, will make a picture for RKO in Hollywood next year, play- ing the part of an English girl^ar an American setting. This is part V 'he cooperative arrangement effected with1 RKO whereby Wilcox is to produce , two to four pictures a year for RKO in England. RKO will participate in the financ-. ing of the films to be made by the company, Imperator-Radio Pictures, Ltd. The company also will make available players and other studio talent, according to the plan. Wilcox and Miss Neagle sail tomorrow on the Queen Mary and return around Jan. L "Sixty Glorious Years," Wilcox film which stars Miss Neagle, will not be generally released here until after the visit of King George and Queen Elizabeth next summer. The produc- er and RKO officials take the view that this is psychological timing and will enhance American interest in the film. It already has played the Radio City Music Hall. The title will be changed to "The House of Windsor" for the American market. Wilcox has eight or nine stories suitable for the British production program. He will supervise the prep- aration of the scripts and will work closely with the RKO studio story de- partment. He expects to start shoot- ing at Denham in March. Details of the tieup were outlined by Wilcox at a luncheon at the Ritz-Carl- ton yesterday attended by the trade press and British correspondents. Also present were Ned E. Depinet, RKO distribution chief ; Phil Reisman, for- eign head ; William Hamilton, mem- ber of the RKO board; W. G. Van Schmus, managing director of the Music Hall; A. H. McCausland, RKO trustee's representative ; S. Bar- ret McCormick. director of advertis- ing and publicity; G. H. Middleton, British vice-consul, and others. Plan National Study Of Giveaway Effect (Continued from page 1) David W'einstock, Abe Shenk and Samuel Seelen. Whether the committee's action will satisfy the city authorities, or whether the latter will brook such a long delay as may be contemplated under a sur- vey proposal, is not known. When License Commissioner Paul Moss addressed the exhibitors, about a week ago, warning them to elim- inate chance games in theatres and to "eradicate the cancer" from the play- houses, the indications were that speedy action would follow by the ex- hibitors, to meet the Commissioner's threat. File Chicago Trust Answers on Friday Chicago,, Dec. 14. — Answers of the eight principal defendants in the in- dependent exhibitors' anti-trust action against B. & K. and leading distribu- tors, which were expected to be filed today, will not be ready until Friday. Indications are that eight separate answers will be filed. Only 28% of Canada Seats Are Occupied at All Shows Alert Ivl If Inteiliges nltinn Picture Industry MOTION PICTURE DAILY 44. NO. 118 NEW YORK, FRIDAY, DECEMBER 16, 1938 TEN CENTS Bernstein Is Finance Genius Says Schenck Lauds Loew Executive in Testimony at Trial "David Bernstein, vice-president and treasurer of Loew's, is one of the world's greatest financial minds," Nicholas M. Schenck, yesterday, in- formed the N. Y. Supreme Court, where Justice Louis A. Valente is try- ing a minority stockholders' suit against Loew's. Schenck was testifying for the de- fense. He was the first witness called by that side, after the court had turned down a motion to dismiss the suit, a usual procedure in such cases. After expressing this tribute to his friend and associate, Schenck turned to where Bernstein was sitting, near- by, among the spectators, and added : "I am glad he is in court to hear me say so." Credits Executives In his testimony, Schenck traced his own association with the industry since 1906, with the late Marcus Loew. It was Loew, who personally began negotiations with the late Irving Thal- berg, Louis B. Mayer and J. Robert Rubin which led to their joining the Loew organization. To these men, Schenck gave credit for the tremendous production devel- opment of Metro and Loew's. He testified about the time that he might have left the company, during the lifetime of Marcus Loew. and how it was Loew, himself, who offered him at that time 2y2 per cent of the com- pany's profits. Bernard Reis, a witness for the plaintiffs, testified that options have been exercised by officials of Loew's on 134,848 shares of the company's stock, out of 250,000 shares which were under such options. Another Suit Started Another minority stockholders' suit was started against Loew's, Inc., yes- terday. Plaintiffs are Norman Wolf, owner of 100 shares and Manes Fuld, 65 shares. The suit was filed in Fed- eral Court and names as defendants Loew's, Nicholas M. Schenck. David Bernstein, Arthur M. Loew. William Fox, Erpi, Western Electric, Chase National Bank, Chase Securities Co., Halsey, Stuart Co., Inc., estate of Irv- ing Thalberg, Louis B. Mayer, J. Rob- ert Rubin, Edward Mannix and 27 members of the board of directors. Radio — Page 8 Expect RKO Plan to Be Confirmed Today Formal confirmation of the RKO reorganization plan by Federal Judge William Bondy at today's hearing is hoped for in creditor circles, but still is not certain. Indications are that several changes in the plan may be suggested by the court today and an approval of the reor- ganization, conditioned upon the making of such changes, may then be given. Final con- firmation of the plan might still be had before the end of the year if any changes which may be forthcoming are not too drastic. Zukor Will Be Goodwill Boss ForParamount Adolph Zukor becomes a consultant on Paramount's world-wide opera- tions, rather than supervisor of its British and Continental European ac- tivities, under a new assignment evolved at home office conferences concluded yesterday. David Rose, who has been Paramount's British pro- duction representative in London for the past four months, was named managing director for the company in Great Britain and Ireland, filling the post vacated by John Cecil Graham's resignation about three months ago. In his new assignment Zukor will conduct a survey of Paramount's world-wide operations and will con- tact the company's representatives and exhibitor customers in all leading for- eign markets. One of his aims will be to make the company's operations understandable to those who man its distant units throughout the world. His first survey, as originally planned, will be of Paramount's Brit- ish operations. He sails with Rose today on the Queen Mary for Eng- land, where he will be joined about Jan. 20 by John W. Hicks, vice-presi- dent and foreign manager. The two will then consult on coordination of (Continued on page 6) STUDIOS ADOPT 44-HR. WEEK PLAIN Moss to Hold Off Action on Chance Games Until the exhibitors have embarked upon a feasible plan for the elimina- tion of chance games in the metro- politan area, the Commissioner of Li- censes, Paul Moss, will withhold judgment. The Commissioner's of- fice is inclined to wait until the exhibi- tors have a definite plan of action for abandoning the chance games. However, it has been officially in- dicated that the Commissioner will act at once in cases where theatre owners shall have been convicted of lottery charges, presumably to cancel theatre licenses held by such owners. The Commissioner will not be hasty about the present situation, although he is known to be opposed to chance games in theatres, as was shown by his address before the exhibitors meet- ing at the Astor Hotel a week ago. It is understood that the chance game owners who distribute to New York theatres have become apprehen- sive over the possibility that the New York exhibitors may eliminate these stimulants. From the Commissioner's office it was learned that one of these distrib- utors conferred with city officials and that the particular distributor involved expressed himself as willing to give up the business but was apprehensive lest the copyright company with which he had a contract might sue him. Whether the copyright stand can hold up if the games are declared illegal is one of the questions yet to be answered. RKO Plans to Make "Saint" in England Hollywood, Dec. 15. — RKO plans to make "The Saint in London" at an English studio, with William Sis- trom as associate producer on the film. George Sanders will be starred. 'What The Industry Faces in 1939' an article by Martin Quigley — p. 3 Effective Next Week; Professional, Executive Groups Exempt Hollywood, Dec. 15. — Progressive establishment of a general 44-hour week in the studios will be started next week, according to an announce- ment made after a meeting of studio managers and attorneys today. All studio workers will be affected except those specifically exempted under the Federal wages and hours act or not employed under labor con- tracts which prescribe other periods. Procedure to be followed under the 44-hour week was mapped today at a meeting of studio representatives with Pat Casey, producer labor con- tact man. The new working time will not be put in effect simultaneously in all the studios because of divergent working conditions. Appointment of a committee to draft a statement of the position of the in- dustry in the present situation was an- nounced after the studio meeting. Among those considered exempt from provisions of the Federal act are executives, administrators, profes- sional employes, artists and various workers now employed under labor contracts. Stanley Net Profit $2,063,703 in Year Net operating profit of $2,063,703 is reported by Stanley Co. of America, theatre subsidiary of Warners, for the 52 weeks ended Aug. 27. This com- pares with $2,230,902 for the year ended Aug. 28, 1937. Net income was $6,244,749, in addi- tion to $19,563 interest earned and $17,455 dividends received. During the year the company paid $723,877 in dividends, compared with $2,714,539 the year before. Amortization and depreciation of properties was written off at $2,283,- 237 for the year. Normal income taxes totaled $371,750 and surtaxes $108,300. Earned surplus as of Aug. 27 is figured at $5,007,582. Rodgers, Saunders Leave Coast Today Hollywood, Dec. 15. — W. F. Rodg- ers, Loew's general sales manager, and E. W. Saunders, western sales manager, leave tomorrow night for New York, MOTION PICTURE DAILY Friday, December 16, 1938 Columbia May Do Four Triple-Quota Films in England Columbia for next season may boost its British production program to four films of triple-quota credit plus one or two single-quota pictures, depend- ing on requirements, it was disclosed by Joseph A. McConville, foreign manager, on arriving yesterday on the Queen Mary. Irving Asher, associate producer at Denham studios, who supervises Co- lumbia's English films, is expected early in January to confer on next season's plans. For this season Asher is making three pictures for Colum- bia. He may bring a print of the first, "Q Planes." The second will be "Spy in Black." Columbia has arranged for the pro- duction of three French films, one of which will be "Six Men in Hell," to be produced by Julien Duvivier. Mc- Conville said that eight offices are be- ing opened, in France, Algiers and Brussels. Jack Segal, his assistant, will remain abroad until March and will visit Continental branches as well as make a flying trip to India to con- fer with Columbia's Far East repre- sentative. Joseph Friedman, Columbia's Brit- ish manager, arrived with McConville. i Purely Personal ► HELEN HUGHES, former secre- tary of Universal, will be mar- ried Dec. 22 to Eugene L. Breen of the Aetna Life Insurance Co. in the Lady Chapel of St. Patrick's Cathedral. Immediately after the ceremony they will sail on the Champlain for a two- week trip to Kingston and Nassau. • A. G. Doyle, 20th Century-Fox manager in Japan, who had planned to spend the holidays here, has can- celled the trip. • R. A. Rowland is in New York from Hollywood representing Edward Small in the opening of "The Duke of West Point." • Sam Berkowitz, rice-president and executive manager of Fine Arts Pic- tures, leaves for the coast today by train. • Morris Goodman, Republic foreign manager, returned yesterday by plane from Havana. • Dave Palfreyman of the M. P. P. D. A. returns to New York from Memphis today. • George J. Schaefer, RKO chief ex- ecutive, is due in from the coast on Monday. English Censor Is Defended by Hoare London, Dec. 15. — Sir Samuel Hoare defended the British Board of Film Censors in reply to questions on political censorship in the House of Commons today and demands for a committee investigation. He defended the censor operation on the grounds that local authorities have the power to rescind the decisions of the censor, that there is no truth to the suggestion that the censor board is influenced by political considera- tions, and that the trade and the pub- lic have registered no complaint re- garding the operation of the censor board. Doran and Durant Form New Company Hollywood, Dec. 15. — D. A. Doran, former Columbia story editor, and Tim Durant have formed a producing company. They have the rights to "Variety," a German silent film. Shift Loew Managers Changes in theatre staffs in the metropolitan area for Loew's include : George Ahrens, 83rd St., promoted to assistant manager at the Dyck- man; Frank L. Cronon, assistant at the Warwick, shifted to the Astor as an assistant; Herbert Schoenhof. from the Lexington staff to assistant manager at the Warwick; Daniel Harris, assistant at the Metropoli- tan, to the Prospect; John Cusack, assistant at the Prospect, to the Metropolitan. RKO Signs Wendy Barrie _ Hollywood, Dec. 15.— RKO has signed Wendy Barrie to star in three films annually for five years. TYRONE POWER is due in New York Dec. 22 on the- Southern Prince from a South American trip and will spend the holidays here be- fore returning to the coast. Sol Revitz, owner of the Luxor and Waverly, is the father of a &/2- pound girl. • Ray and Mrs. Milland, Mrs. Otto Kruger and John Ringling North are booked to sail today on the Queen Mary. • Fred Quimby, head of M-G-M shorts, has arrived on the coast after home office conferences. Morris Goodman, Republic foreign chief, has returned from Havana by plane. Joseph M. Schenck is due in New York in January. James Roosevelt arrives in New York from Chicago tomorrow. Gary Cooper left for the coast to start work in "The Last Frontier." Montague to Hawaii On Consolidated Deal Abe Montague, Columbia general sales manager, will sail from San Francisco today for Honolulu on a combined business and vacation trip. Montague, while in Hawaii, will negotiate with Consolidated Amuse- ment Co., Ltd., on a three-year franchise deal for Columbia product. Preliminary negotiations were held earlier. The deal would cover 20 Consolidated houses and 46 additional theatres which the Hawaiian com- pany services. Accord on Copyright Changes Due Jan. 20 Sub-committees representing the various industries which are formulat- ing recommendations to Congress for changes in the Federal copyright laws reported further progress at the close of another joint meeting yesterday. The sub-committees, however, are not yet in agreement on all of the recom- mendations to be made. Another meeting of the group will be held Jan. 20 at which time final agreements are expected. Stagehands Reject Pact Stagehands Local 1, I.A.T.S.E., re- fused to accept a proposed contract renewal with theatre circuits operat- ing in Manhattan, Bronx and Staten Island, at a membership meeting. It is understood, however, that recom- mendations for changes were minor and that another meeting will be held Sundav for further consideration. Hear Four More in Smuggling Inquiry Sally Eilers, Jack Pearl, Sophie Tucker and Collette DArville ap- peared yesterday before the Federal Grand Jury in connection with the in- vestigation of smuggling now being conducted by that body. It is under- stood that all denied knowledge of the alleged activities. London Houses to Aid Refugee Fund London, Dec. 15. — All Lon- don theatres on Jan. 7 will contribute 10 per cent of their gross receipts to the Stanley Baldwin fund for refugee relief. 8 MO VoteSSlatesQy Of Musician Local About 8.000 of the 18.000 members of Local 802, American Federation of Musicians, voted yesterday on candi- dates for officers of the union. Ballots were still being counted at a late hour last night. Three complete tickets were in the field with nominees for president, rice- president, secretary and treasurer : nine executive board members ; nine trial board members and delegates to the national and state federations and trades groups. Terms of all officers are for two vears. At the last election 7.200 members of the local voted. The Newsreel Parade Anthony Eden again takes the newsreel spotlight, this time as he visits the White House. Signing of the French-German peace pact is also covered. The reels and their contents follow : MOVIETONE NEWS, No. 28— Eden calls at White House. Boys exhibit model planes. Silver foxes on farm. Lew Lehr. Repair railroad tracks in Palestine. Ger- man-French peace pact. Child refugees ar- rive in England. Franco spreads propa- ganda in Madrid. Queen Elizabeth at stu- dent reception. Fashions for dolls. Water polo in Florida. Ping pong in Australia. NEWS OF THE DAY. No. 226— German refugees in England. La Guardia speaks at rally. Santa Claus in parachute jump. English Queen at student reception. Wreck City Hall post office. "Great Waltz" fes- tival. Table tennis champions. Wrestling. PARAMOUNT NEWS, No. 39— Christ- mas shopping. French -German pact. Jewel fashion show. Mine disaster in Nova Scotia. Christmas in Holland. Capital greets Eden. Government seizes whaler. Indoor sports. RKO PATHE NEWS. No. 43— Eden visits capital. French-German peace pact. Fire in Bayonne. Secretary Wallace speaks in Carnegie Hall. Graymoor Friars enjoy snow. Jubilee in Mexico. Surplus cotton in Arizona. Army boxing. UNIVERSAL NEWSREEL. No. 728— Liner launched for Panama run. French- German peace pact. Refugees in Czecho- slovakia. Eden in Washington. D. C. French salute colors. Young elks in moun- tains. Inventors' congress meets. Baby elephants. Opera singers stage benefit. Sagall, of Scophony, Sailing Home Today Solomon Sagall. managing director of Scophony, sails today on the Queen Mary, after several weeks in this coun- try trying to interest financiers in es- tablishing an American branch or sub- sidiary of his firm. Whatever progress there may have been made has not been revealed. While here Sagall also had the chance to discuss television with the Federal Communications Commission in Washington. English Imports Gain London, Dec. 15. — Imports of ex- posed positive film for November to- taled 2,317,597 feet, comparing with 1.613.257 feet in November, 1937. Ex- ports in November, this year were 2.007,213 feet, and in November. 1937. were 2.213.170 feet. B & D Profit $350 London, Dec. 15. — British & Do- minions Film Corp. has reported profit for the year ending Oct. 29 of $350. reducing the debit balance to $685,250. The company is inac- tive but has an investment in the Pinewood studio of $1,146,740. MOTION PICTURE DAILY (.Registered U. S. Patent Office) MARTIN QUIGLEY. Editor-in-Chief and Publisher: SAM SHAIN. Editor; JAMES A. CRON, Advertising Manager. Published daily except Saturday. Sunday and holidays by Quigley Publishing Com- pany, Inc., Martin Quigley, president; Colvin Brown, vice-president and treasurer. Publication office: 1270 Sixth Avenue at Rockefeller Center, New York. Telephone: Circle 7-3100. Cable addresss: "Quigpubco. New York." All contents copyrighted 1938 by Quigley Publishing Company, Inc. Address all correspondence to the New York office. Other Quigley publications: Motion Picture Herald, Better Theatres, Teatro al Dia, International Motion Picture Almanac and Fame. BUREAUS: — Hollywood: Postal Union Life Building. Vine and Yucca Sts.: Boone Mancall, manager: William R. Weaver, editor. Chicago: 624 S. Michigan Ave.. C. B. O'Neill, manager. London: 4 Golden Square. W. 1: cable address, Quigpubco, London; Hope Williams, manager. Entered as second class matter Sept. 23. 1938, at the post office at New York, N. Y., under the act of March 3, 1879. Subscription rates per year $6 in the Friday, December 16, 1938 MOTION PICTURE DAILY 3 WHAT THE INDUSTRY FACES IN 1939 0 An Outline of Problems and Possibilities in Production, Distribution 1 and Exhibition, Due for Action in the New Year By MARTIN QUIGLEY in >: i i a ] s VW ITTLE DOUBT remains that the American motion picture _j industry will face a variety of thorough-going changes during the coming year. Out of the changes that are in prospect there is hope of a better business. This is fortunately so because l\'the recent trend has been almost evenly in the wrong direction. I admission depends not upon what they may show in a competitive test but, rather, upon their good fortune and right connections useful in penetrating the wall which has been created to keep the insiders in and the outsiders out. The oligarchic rule which prevails is a staggering responsibility in relation to the production of motion pictures, especially in such times as these. • • €J If the condition of the business were prosperous, those in the saddle would claim the credit. And in this they could not be gain- said. But when the condition is not prosperous, the right of in- quiry and examination may well be asserted. It is not intelligently satisfying to listen indefinitely to explanations which only transfer the blame elsewhere. Especially is this not so when much of the available explanation is predicated on the theory that everyone is out of step but Hollywood. •I Added to the problems that have arisen out of the Hollywood scene is the undeniable fact that the processes of distribution, em- bracing as they must the essential function of promotion, have lagged both in policies and in energies. How much the results may be blamed on policies that no longer fit the exigencies of the business and how much on lack of aggressive procedure is a question difficult to judge. But it is not at all difficult to reach the conclusion that most decidedly it was not out of the slow-paced movement of the past year that the present greatness of the in- dustry was created. ^ There seems little reason for attributing in full the situation which has obtained during the past several months to the general business conditions affecting the country. General business con- ditions have not been flourishing, but the motion picture is not a luxury service which depends upon great general prosperity for profitable operation. This is not a business which is inevitably linked to economic cycles such as certain of the heavy industries and various specialties which are strictly subject to the pre- vailing trend. The motion picture provides amusement which in the modern world is a staple. It is the best and cheapest amuse- ment available to the whole public. There never has been an indication of any waning devotion of the public toward the types of amusement which motion pictures represent. nnW frorl Guin/ a show that really big special campaign? Along comes RKO RADIO with a show deserving of the biggest and best you can give it! ... A picture to back up all promises! . . . A remarkably fine produc- tion!. . . In all his career John Barrymore never gave more to a role - nor played a role that had more to take! . . . The story of a man whose single vote controlled a big election ... a highbrow hobo in dis- grace . . . laughed at by the town . . . loved loyally by his motherless kids ! . . .Tell your folks to come expecting OUTSTANDING ENTERTAINMENT. . . They'll get it! John Darrymore Peter Holden • Virginia Weidler Donald MacBride • Katharine Alexander Pandro S. Berman in Charge of Production MOTION PICTURE DAILY Monday, December 19, 1938 CONGRATULATIONS AND BEST WISHES TO THE SCHINE CIRCUIT ON THIS 20th ANNIVERSARY WE ARE HAPPY AND PROUD OF THE PRIVILEGE OF ASSOCIATING WITH THE FINE PERSONNEL OF THIS STERLING ORGANIZATION IDEAL SEATING COMPANY Grand Rapids, Mich. BEST WISHES to J. MYER and LOUIS SMI! .ALTEC 250 West 57th Street NEW YORK CITY THE SERVICE ORGANIZATION OF THE MOTION PICTURE INDUSTRY Schine Careers Founded On Loyalty and Service By GENE CURTIS Advertising and Publicity Manager Schine Theatres From a single office in the old Hippodrome Theatre in 1918, Schine theatres have increased until their or- ganization, today, occupies a two- story building of its own which covers half a city block. Many of the depart- ment heads now with the company have been with it almost from its start. Fifteen years ago there were only seven people on the Schine office staff. Today that staff comprises 73 men and women. While one of the brothers was away at war, the other looked after their little business. Louis had joined the service in 1918. McKay an Old Timer Among the old timers was Willard S. McKay, general counsel and vice- president of the company, who has helped guide the Schine brothers through most of their trials and tribu- lations. John A. May, present comptroller of the company, was one of the first to be associated with the Schines. He joined them in 1925. He was formerly connected with the Federal Reserve Bank in New York City. Florence D. Thompson, office manager, is another. She is a very important executive of the firm. David Salvious is her assis- tant. George V. Lynch is chief film buyer. He also grew up with the com- pany, and is looked upon as a valu- able associate. The chief booker is Louis Goldstein. His assistants are William Kraemer, Joel Golden, Harry Thompson, Ray Frisz, Bryan Dashiell, Seth Field, Richard Eason and Alan Kennedy. Harold F. Sliter, who is assistant to Louis W. Schine, general manager in charge of operations, has been very instrumental in helping to build the organization. He joined the company in 1933. He was formerly with Para- mount-Publix and later executive with the old Fox Theatres company. College Men Preferred Guy Selmser is in charge of con- struction and maintenance, another pioneer member of the Schine staff, having joined the company in 1923. Assisting Selmser is J. Dewey Lederer, who is a graduate of the Yale School of Engineering. The personnel department is under the direction of E. Douglas Leishman, who conducts a school for theatre managers, college graduates preferred. Schine managers are taught to be active in civic and community affairs and in Chamber of Commerce activi- ties, in other words, to make the the- atre an integral part of community life. Nutter Statistician Albert Nutter, who is head of the statistical department, is a Harvard graduate. The insurance department is headed by Francis Barter. He formerly was personal secretary to Louis W. Schine. Miss Bert Luss is his assis- tant. The real estate department is headed by Maurice Glockner, a for- mer faculty member of New York University and Columbia. Assisting Willard McKay, general counsel, are Howard Antevil, Edward M. Byrne, in the home office, Peter Klein and William H. Townsend. In the Field Among the more popular and bet known of the Schine field executij is Gus Lampe, who operates trie RKO-Schine theatres in Syracuse. Louis Lazar is another with a fine In 1918 — Louis, then in sendee, and Myer shortly before they acquired the Hippodrome. record, who joined the Schine organi- zation in 1935 to take charge of the Ohio division, from which point he operates Schine theatres in Ohio and Kentucky. His assistant is Saul Sil- verman, former district manager. Clint Young, district manager in central New York, is another old- timer with the company. Other dis- trict managers are William Tubbert in northern New York, and Louis Levitch in Rochester. Seymour Mor- ris is district manager in southern New York. City manager of Auburn is Joe Schwartzwalder. Heiss in Northern Ohio In northern Ohio, William Heiss is district manager, having grown with the company. In southern Ohio, the district man- ager is Jim Levine. He was at one time director of the Paramount-Pub- lix managers' school, and also man- ager of the Globe in Gloversville. Lew Hensler, district manager in Ken- tucky, and Marsh Gollner, district manager in Maryland, joined the Schine circuit when the latter took over the Maryland theatres. Lee Ins- ley joined about the same time. Following are the theatres of the Schine Circuit : Eastern Division HOME OFFICE DISTRICT Regent, Amsterdam, Harold Gates; Rialto, Amsterdam. F. K. O'Kelly; Strand, Amster- dam, Arnold Rittenberg; Empire, Glens (Continued on page 19) u . . . this is New Year's Booking No. 309 on M-G-M's SWEETHEARTS with the total number of holiday bookings headed for an all-time industry high! (A typical telegram is the following from John Hamrick, famed Seattle showman) METRO-GOLDWYN^MAYER Last night we previewed "Sweethearts" and words fail me to properly describe this breath-taking, awe-inspiring Technicolor picture. I consider it the very finest subject made with these two great stars, Jeanette MacDonald and Nelson Eddy, and entire cast is wonderful We open it here at the Fifth Avenue day before New Year's single bill with increased admission prices during New Year's Eve celebrations and confident will break house records. Kindest regards. —JOHN HAMRICK, FIFTH AVE. THEATRE, SEATTLE, WASH. FLAS (4 MOTION PICTURE DAILY Monday, December 19, 1938 Our Sincere Congratulations TO SCHINE BROTHERS on your 20th Anniversary Pyramid Exchange 505 PEARL ST. BUFFALO, N. Y. Schine Circuit Personnel MUSICAL WESTERNS May we add Our Congratulations to SCHINE BROTHERS on your 20th Anniversary RAMBUSCH 'Designers Decorators and (aruflsmen 2 West 45th St. — New York City HEARTIEST CONGRATULATIONS to THE SCHINES LEATHERCRAFT CORPORATION UPHOLSTERY LEATHERS 35 East 21st Street New York, N. Y. Some of the members of the Schine home office staff today, pictured at a recent get-together. Geogre V. Lynch Film Buyer Home Office Gene Curtis Director Advertising & Publicity Lew Hensler District Manager Kentucky 4 f. Compliments OF CHARLES H. KENNY STUDIOS, INC. Draperies I 12 W. 44th St. New York City J. Guy Selmser Purchasing Agent Maintenance Chief Marsh Gollner District Manager Maryland Gus Lampe City Manager Syracuse CONGRATULATIONS to J. MYER SCHINE on your 20 th Anniversary R. M. SAVINI Astor Pictures Corporation 1501 Broadway, N. Y. C Louis Goldstein Head Booker Home Office Harold Sliter Assistant to L. W. Schine J. N. ScH WARTZVV ALDER City Manager Auburn To SCHINE BROS. our Heartiest CONGRATULATIONS on your 20th Anniversary • MARAGLIOTTI STUDIOS Mural and Decorative Painting 15 Vanderbilt Ave. New York City CONGRATULATIONS TO J. Myer & Louis M. Schine ON YOUR 20TH ANNIVERSARY Keller-Ansell Ticket Co., Inc. 723 - 7th Ave. N. Y. C. II Best WISHES TWENTIETH ANNIVERSARY SCHINE CIRCUIT 5f I If UNIVERSAL 16 MOTION PICTURE DAILY Monday, December 19, 1938 Congratulations and Best Wishes May You Enjoy Many More "Twentieth" Anniversaries JACK BERKOWITZ BERNIE MILLS Republic Distributing Corp. Willard S. McKay Willard McKay One of Schines ' Guiding Forces One of the chief guiding forces of the Schine Theatres or-^ ganization is Willard S. McKay, general counsel and vice-presi-^f dent. From his initial contact with the Schine company, in 1925, he has been most closely associated with the circuit. He is among the leading lawyers of the trade. Counsellor McKay was born in Brook- lyn, Aug. 21, 1895. He graduated from Yale College in 1917. His law studies at the Yale Law School were interrupted when he joined the country's air service, upon the nation's entry into war. When he returned from war, McKay finished his law course at Fordham University Law School, and was admitted to the New York Bar in 1921. He was associated with Siegfried F. Hartman, who was then general counsel for Universal. That was in 1930. In March, 1938, McKay resigned as general counsel for Universal, but continued as special counsel and opened offices in association with Sol A. Rosenblatt and William B. Jaffe, at 630 Fifth Avenue, N. Y. C. Congratulations to The Schine's Circuit on their Twentieth Anniversary as Successful, Progressive Showmen ^ptHO&X E-7 PROJECTOR INTERNATIONAL PROJECTOR CORPORATION BETTER PROJECTION PAYS 88-96 GOLD STREET NEW YORK, N. Y. • Date as soon as possible Columbia's Comedy Hit!... M DOl ELVYN IRGINI UGLAS BRUCE MiMSlvllliVtlfl WOMAN AGAIN MARGARET STANLEY LINDSAY - RIDGES Screen play by Philip G.Epstein, James Edward Grant, Ken Englund Directed by Alexander Hall A Columbia Picture 18 MOTION PICTURE DAILY Monday, December 19, 1938 Industry Leaders Pay Tribute to Schine Boys Congratulations to J. Myer and Louis Schine have poured in from leaders of the industry throughout the country. There have not been many in the business who have been so com- mended. Many who should have liked to attend the dinner, because they have not been able to avail themselves of that opportunity, have wired or writ- ten their regrets. These messages in- dicate the esteem in which the recipi- ents of tonight's testimonial are held by the important people of the busi- ness. These letters, addressed to J. Myer and Louis Schine, follow: Sidney R. Kent: "It is fitting that your twenty years in this business should be observed with a testimonial dinner. You are to be congratulated upon your long ser- vice. I wish you and your friends a most enjoyable evening." George J. Schaefer: "I regret exceedingly that it is im- possible for me to be with you and your many friends at the celebration of your twentieth anniversary in the industry. This celebration in recog- nition of your place in the industry is well deserved. It would have given me very great pleasure to have been able to be with you personally, and add my voice to the tribute. My very best wishes are yours. May you continue to have great success." Nate Blumberg: "My heartiest congratulations on your twentieth anniversary. I can think of no finer tribute than the as- sembly planned for Monday night. Having been associated with you, I know that such tribute is well de- served by you both. I hope there will be many more similar occasions on which your associates will again gather to- gether to extend felicitations. There are no finer or more honest gentlemen in our industry than you two and any tribute that we can offer fails to ex- press adequately our respect for you as businessmen and our affection for you as fellowmen." Samuel Goldwyn: "I want to be one of those who join with the others of the motion picture industry in congratulating you on the twentieth anniversary of your fine ser- vice to motion pictures. It is indeed fitting that the people of this industry are holding a dinner in your honor and I only wish that I were free to be back at the Ten Eyck Hotel in Albany on the night of Dec. 19 to pay you my tribute personally. May you have many more years of service to the motion picture industry." Jack L. Warner: "Let me add my congratulations to the hundreds you must be receiving as you observe your twentieth anni- versary in the motion picture business. In an industry which is as highly competitive as ours, twenty years is certainly a long time for any organi- zation to successfully carry on. That record is indeed a striking tribute to (Continued on page 19) Compliments of SKOURAS THEATRES CORP. NEW YORK Congratulations to Louis and Myer Schine1 and the Schine Theatre Organization on their Twentieth Anniversary □ Harry Berkson MONOGRAM FILM EXCHANGES BUFFALO ALBANY □ JACKIE COOPER NOW AVAILABLE IN "GANGSTER'S BOY" JOHN CARROLL IN "I AM A CRIMINAL" COMING ATTRACTIONS BORIS KARLOFF JACKIE COOPER IN IN "MR. WONG AT HEADQUARTERS" "STREETS OF NEW YORK" Monday, December 19, 1938 MOTION PICTURE DAILY 19 Industry Leaders Offer Tribute to Schine Brothers (.Continued from page 18) its executive manpower. May your next twenty years be as successful as past twenty. Kindest regards to jou both." v Hal B. Wallis: "It affords me a great deal of pleas- ure to congratulate you both on your twentieth anniversary in the film in- dustry. Under your guidance, the Schine enterprises have definitely es- tablished themselves as one of the country's outstanding theatre opera- tions." William F. Rodgers: "You are to be congratulated that so many of your business associates and friends are gathering together at this testimonial and I hope that you both will enjoy a long life and a happy one, and that all of - those gathered with you will have an en- joyable evening." J. R. Grainger: "I know of no individuals or company that has more respect in the motion picture business than have the 'Schines'. Your reputation in the in- dustry of fair and square dealing, and the loyalty of your employees indicates that you both are a credit to the mo- tion picture business." Y. Frank Freeman: "I join with all of your other friends in extending my heartiest congratulations and best wishes." Neil Agnew: "Congratulations and best wishes for the future on your joint anni- versaries. I hope the next twenty years are even more pleasant and pros- perous than your preceding two de- cades in this industry which we all join with you in celebrating today." George P. Skouras: "I was happily surprised to learn from the invitation sent to me and the reports in the trade papers that a testimonial dinner is to be tendered to you and your brother, Louis, on Monday, Dec. 19. I take this oppor- tunity to add my congratulations and also to express the sincere respect and admiration that I have for both of you. My business association with you only enhanced the high esteem that I already had for you. Wish you all the good luck you deserve and hoping that your 50th anniversary in the business will be even more glowing." Barney Balaban: "My sincerest. congratulations and best wishes on your twentieth anni- versary. In an industry as young as motion pictures it is gratifying to find men who had the vision and courage to enter the exhibition field in its pioneer days and who have achieved the success which this vision and cour- age merited." Ned E. Depinet: "As great as our industry has be- come, it would be still greater if we had more Schines. I congratulate you on this great occasion and wish you many, many more years of happiness and prosperity." Harry L. Gold: "Your twenty years of achievement stands as an inspiration to future gen- erations of the motion picture indus- try." Edward A. Golden: "We in the motion picture industry are happy to pay tribute to J. Myer and Louis Schine on the occasion of their twentieth anniversary. Our congratulations and best wishes for their continued success are hereby tendered J. Myer and Louis Schine." Schines' Career Based on Loyalty (.Continued from page 12) Falls, Robert Baker: Rialto, Glens Falls, Milton Schosberg; Glove, Gloversville, Erie Wright; Hippodrome, Gloversville, Lou Hart; Liberty, Herkimer, Warren Frair; Richmond, Herkimer (closed); Strand, Hud- son Falls, Herbert Levy; Opera House, llion (closed); Capitol, Ilion, Hy Gordon; Hippodrome, Little Falls (closed) ; Rialto, Little Falls, Nick Kauffman. CLINT YOUNG, DISTRICT MANAGER— (Geneva Theatre — Geneva, N. Y.) Babcock, Bath, Harold Lee; Playhouse, Canandaigua, W. J. MacFarlane; Fox, Corning, Leon Shafer; Palace, Corning, Harold deGraw; State, Corning (closed); Geneva, Geneva, Al Marqusee; Regent, OUR SINCERE CONGRATULATIONS TO SCHINE BROTHERS ON YOUR 20th ANNIVERSARY • FABIAN THEATRES CORPORATION Geneva, Floyd Shear; Temple, Geneva (closed); Hi- Art, Lockport, Ted Conklin; Palace, Lockport, Gerald Fowler; Rialto, Lockport, Ronald Failes; Capitol, Newark, Gus Depauw; Crescent, Newark (closed); Elmwood, Perm Yan, Toby Ross; Audito- rium, Perry, Frank Randolph; Andrews, Salamanca. Carl Dickerson; Strand, Seneca Falls, Lee Bousquet; Seneca, Seneca Falls I closed). WM. TUBBERT, DISTRICT MANAGER— (Avon Theatre — Watertown, N. Y.) State, Carthage (closed) ; Strand, Car- thage, Frank Lupien; Malone, Malone, Frank Meehan; Massena, Massena, Abe Cohen; Strand, Ogdensburg, Clint Dadson; Pontiac, Ogdensburg, Clint Dadson; Capitol, Oswego, W. M. Powers; Richardson, Os- wego (closed) ; Strand, Oswego, W. M Powers; State, Oswego (closed); Pontiac, Saranac Lake, A. B. Anderson; State, Tup- per Lake, Leon Elliott; Avon Watertown, Garson Jaffa; Olympic, Watertown, Her- man Addison; Palace, Watertown, Francis Lattin. SEYMOUR MORRIS— DISTRICT MAN- AGER—(State Theatre— Cortland, N. Y.) State, Cortland, Seymour Morris; Temple, Cortland, David Goodman; State, Hamilton, Fred Helwig; Colonia, Norwich, Francis Gere; Oneonta, Oneonta, Harry Rose; Pai- ace, Oneonta, Tom Whalen; Strand, Oneonta (closed). J. N. SCHWARTZWALDER— CITY MAN- AGER — AUBURN — (Auburn Theatre, Auburn, N. Y.) Jefferson, Auburn, Ray Corcoran; Auburn, Auburn, Jos. Deacon; Palace, Auburn, Geo. Cameron; Strand, Auburn (closed). LOUIS LEVITCH— DISTRICT MANAGER — (Riviera Theatre — Rochester, N. Y.) Granada, Buffalo, Harry Goldsmith; Riverside, Buffalo, Harry Yette; Cameo, Rochester, Jacob Weber; Dixie, Rochester, Joseph Goldberg; Grand, Rochester, Raphael Ferrigno; Lake, Rochester, Lee Stern; Liberty, Rochester, Sol Shafer; Riviera, Rochester, Edmund C. Brandhorst; State, Rochester, Sam Shafer. MARSH GOLLNER — DISTRICT MAN- AGER — (Arcade Theatre, Salisbury, Md.) Arcade, Cambridge, J. Bryan Dashiell; Grand, Cambridge (closed); State, Cam- bridge, Harold Hefner; Music Hall, Easton, Chas. Howard; Avalon, Easton, Chas. How- ard; Federal, Federalsburg, Tom O'Brien; Hurlock, Hurlock, Edw. Elliott; Arcade, Salisbury, Marsh Gollner RKO-Schine Syracuse Theatres GUS LAMPE— CITY MANAGER— SYRA- CUSE—(Keith Theatre— Syracuse, N. Y.) Eckel, Syracuse, Harold Raives; Keith, Syracuse, Harry Unterfort; Paramount, Syracuse, David Freeman; Strand, Syra- cuse, Walter League. Schine Benton Theatres Capitol, Ballston Spa., Miss Ryan; State, Mechanicville, J. P. Malone; Capitol, White- hall, Harold Loomis. Ohio-Kentucky Division Louis Lazar — Division Manager S. Silverman — Assistant to Mr. Lazar BILL HEISS — DISTRICT MANAGER - (Vernon Theatre — Mt. Vernon, Ohio) Ohio, Ashland (closed) ; Opera House, Ashland, W. S. Eckard ; Palace, Ashland, W. S. Eckard; Star, Delaware, John Manuel ; Strand, Delaware, John Manuel; Kent, Kent, Ed. Kidwell; Opera House, Kent (closed); Princess, Medina, Ben Yudelvitz; Vernon, Mt. Vernon, Jim Piatt; Vine, Mt. Vernon, Jim Piatt; Ravenna, Ravenna, Har- old Garfield; Ohio, Ravenna (closed); Opera House, Wooster (closed) ; Wooster, Wooster, Ed Mott; Wayne, Wooster, Ed Mott. JIM LEVINE— DISTRICT MANAGER— (Forum Theatre — Norwalk, Ohio) Athena, Athens, Frank Nolan; Ohio, Athens, Frank Nolan; Court, Athens (closed); Opera House, Bellefontaine (closed); Strand, Bellefontaine (closed); Holland, Bellefontaine, Larry ONeil; Bucy- rus, Bucyrus, Milton Bryer; Southern, Bucyrus, Milton Bryer; Civic, Fostoria, Ural Buck; Roxy, Fostoria (closed); State, Fostoria, Ted Barker; Forum, Norwalk, Bill Selman; Moose, Norwalk, Bill Selman; Bijou, Piqua (closed) ; Miami, Piqua, Bob Anthony; Piqua, Piqua, Bob Anthony; Cas- tamba, Shelby. H. D. Shreffler, Grand, Tif- fin (closed); Ritz. Tiffin, D. W. Britton; Tiffin, Tiffin, D. W. Britton; Strand, Van Wert, Geo. Bannan; Van Wert, Van Wert, Geo. Bannan. LEW HENSLER— DISTRICT MANAGER — (Ben Ali Theatre — Lexington, Ky.) Ben Ali, Lexington, Geo. L. Hensler; Kentucky, Lexington, Wally Allen; State, Lexington, Harold Koren; Strand, Lexing- ton, Harry D. Stearn; Russell, Mays- ville, Ed. May; Madison, Richmond, Fred Williams; State, Richmond, Fred Williams; Bourbon, Paris, John Makemson; Hippo- drome, Corbin. Louis Merenbloom; Ken- tucky. Corbin, Louis Merenbloom. 729 Seventh Avenue, New York City Cable Address: WORLDFILM Foreign Territories Available In congratulating the Schines on their Twentieth Anniversary we pay public tribute to their square business dealings ♦ ♦ ♦ their sincerity* their modesty and their fine characters* ■ Alert, to the Wqtion Picture Industry MOTION PICTURE DAILY First in and Impartial VOL. 44. NO. 120 NEW YORK, TUESDAY, DECEMBER 20, 1938 TEN CENTS ISGM's 1938-9 Contracts Hit 9,300 to Date Increase of 1,100 Over Last Year Noted M-G-M's sales to date total 9,300 exhibition contracts, about 1,100 more than last year at this time. Every large circuit has already been closed. The Golden State cir- cuit in San Francisco was signed by William F. Rodgers, general sales manager, and E. M. Saunders, western sales manager, on the trip to the coast from which they returned yesterday. Rodgers also visited the studio, but said that no 1939-40 plans have been discussed. It is probable, however, that M-G-M's sales meetings will be held earlier next year. Ignore Nazi Protest Hollywood, Dec. 19. — War- ners are proceeding with preparations on "Confessions of a Nazi Spy," despite pro- test by Dr. George Gyssling, German consul at Los An- geles. Gyssling protested to Warners and the Hays office, with the warning that "there may be trouble ahead" if the picture is made. The Hays office said the consul's letter had been acknowledged without com- ment. U.A. Owners' Meet Jan. 12; May Elect Annual meeting of United Artists stockholders has been set for Jan. 12 in Hollywood. All five owners, Mary Pickford, Samuel Goldwyn, Alexander Korda, Douglas Fairbanks and Charles Chaplin, will attend. There is a pos- sibility that Maurice Silverstone will be elected president of the company at the meeting, although the step is regarded as unnecessary for adminis- trative purposes inasmuch as Silver- stone already has been given the execu- tive authority equivalent to the title. United Artists board members held a routine meeting over the weekend with no action taken on important matters due to the absence of Mary Pickford from the city and the need for an early adjournment to permit (Continued on page 4) Industry Honors Schines at Albany Albany, Dec. 19.— About 500 in- dustry personalities were on hand at the Ten Eyck Hotel here tonight to honor J. Myer Schine and Louis W- Schine on their 20th anniversary in the industry. Harry Hirshfield served as toast- master. Among the speakers were William Scully, H. J. Yates, Sr., Jack (.Continued on page 4) Radio — Page 8 To Meet Here on Studio Basic Pact Company heads and presidents of the international unions which are sig- natories of the studio basic agreement will meet here with Pat Casey, pro- ducers' labor representative, shortly after the first of the year to determine whether or not the basic agreement will have to be revised to comply with the Federal Wages and Hours Law. The agreement provides for a work week in excess of the 44-hour Federal maximum in the case of several of the unions. Some opinion holds, how- ever, that such contractual agreements which are the result of approved ne- gotiations are not affected by the law. Casey arrives in New York today from the coast where he recently com- pleted with production heads arrange- ments for the progressive establish- ment of a 44-hour studio week for all workers engaged in production except those specifically exempted from the Federal act and those covered by the (Continued on page 4") Kent Off to Europe Soon for Survey of 20th-Fox Interests Sidney R. Kent, 20th Century-Fox president, plans a visit to London and the Continent in the near future for conferences on the company's Euro- pean operaitons, he said yesterday on his return from the coast. No date for his departure has been set yet. Kent attended the company's sales meeting in Los Angeles last week and discussed new product plans with Darryl F. Zanuck. He said, however, that any statement on 20th-Fox's new season product plans would be "pre- mature" now. He also declined to comment on the rejection of the ten- tative draft of the distributors' trade practice program by several exhibitor organizations during the past week. Charles E. McCarthy, advertising and publicity director ; Division Man- agers William Sussman, W. C. Gehr- ing and W. J. Kupper and others from the home office also returned yester- day from the coast conferences. Herman Wobber, general sales man- ager, will remain on the coast until after the holidays. Jack Sichelman, assistant to Wobber, is due back next Monday. Loew Minority Suit Due to End Tomorrow End of the minority stockholders' suit against Loew's, Inc., is expected tomorrow in the N. Y. Supreme Court. Cross examination of Nicholas M. Schenck was completed yesterday. Eugene Leake, of Beekman, Bogue, Leake, Stephens & Black, a former (Continued on page 4) Luncheon for Bernie Brings $125,000 to Charity Drive Approximately $125,000 was donated to the Amusement Division of the Federation for the Support of Jewish Philanthropic Societies of N. Y. at the testimonial luncheon to Ben Ber- nie at the Astor yesterday. The dona- tions sent the Amusement Division of the drive past the half-way mark in the raising of its $225,000 quota. About 1,000 persons from all branches of the amusement industry attended the luncheon, which was sponsored by Eddie Cantor. The lat- ter, acting as toastmaster, marvelled that Bernie could attract such a turn- out "in mid-day during the week be- fore Christmas — when business is no good anywhere." Bernie responded that it was the first time in his career he had had the role of a "decoy." He then urged the worthiness of the cause, pointing out that the Amusement Di- vision's quota, for all the traditional generosity of its people, was but a small part of the federated Jewish charities' goal of $6,250,000 for ks 116 separate non-sectarian institutions in Greater New York which will be aided by the drive. Cantor made public the names of some of the donors and the amounts contributed at the luncheon. Among them were William S. Paley, $15,000; National Screen Service, $9,500; Al- bert Warner, $7,000; Al Jolson, $5,000; David Bernstein, $7,500; RKO, $5,500; Eddie Cantor, $3,250; Irving Berlin, $3,000; Ben Bernie, $2,000; Jack Cohn, $2,500; Music (Continued cn page 4) Local Practice Agreements to Be Negotiated Will Be Supplemental to National Pact Local agreements will be negotiated with exhibitors apart from the na- tional trade practice program, and these are expected to meet many of the objections which have been raised bv exhibitor groups after studying the first draft of the proposed program formulated by the distributors' com- mittee. The committee emphasizes that the draft contains only tentative terms, and that many local problems could not be handled in a national program. Much will be left to local agree- ments, as it is generally conceded that there are different problems applying to each territory which call for in- dividual handling. The solutions may also be found through local concilia- tion or arbitration boards, where prob- lems are amenable to such procedure. No additional meetings have as yet been scheduled with the exhibitors and further procedure in negotiating a completed program has not been de- termined. W. F. Rodgers and S. R. Kent, members of the distributors' (Continued on page 4) Exhibitor Drive Quiz Lacked Authorization An elaborate questionnaire which was sent out to exhibitors inquiring into various details in connection with their business promises to add compli- cations to the closing days of the Greatest Year Campaign Committee. Inquiry reveals that the question- naire was not officially authorized, but was a scheme conceived by Harold B. Franklin and dispatched broadcast from the committee headquarters. Various company executives were surprised to learn that the question- naire sought information concerning competitive data such as product played, newsreels shown, box-office value of stars, condition of business during past three months, etc. On account of the scheme having lacked official approval and because of the character of various of the ques- tions asked the replies received are to be impounded. Discussion of future activities of the committee, including the question of Franklin's connection with it, have been awaiting the return from Holly- wood of George J. Schaefer. Schaefer returned to his New York office yes- terday. MOTION PICTURE DAILY Tuesday, December 20, 1938 i Purely Personal ► STEVE HANAGAN has been appointed to handle publicity for the defendants in the Government anti- trust suit. The appointment was made on the recommendation of Col. William Donovan of Donovan, Leisure, Newton & Lombard. Frank Donovan, Pathe production manager, has left for Quebec to ar- range for two shorts on winter sports. Joe Walsh, Pathe sports editor, is in Pinehurst, N. C., on an archery short. Marc Lachmann, 20th Century- Fox exploitation manager, is the father of a 6,r-4-pound boy, born Sat- urday at Hollywood Hospital to Mrs. Lachmann. The son has been named Cornell. • Elsa Lanchester, who plays op- posite her husband, Charles Laugh- ton, in "The Beachcomber," will at- tend the premiere at the Rivoli on Christmas Eve. • Harry Seed, Pittsburgh branch manager for Warners, arrived here yesterday for conferences with Roy Haines, Eastern and Canadian sales manager. • Tay Garnett, who has been in Xew York on vacation since he fin- ished directing "Trade Winds," has returned to the coast. • M. N. Grassgreen, 20th Century- Fox Albany branch manager, cele- brated his birthday at the branch Christmas party. • Marian Baldwin, coast press rep- resentative, is in New York from Hollywood for a visit of several weeks. • Montague Marks of Fairbanks In- ternational, and Gabriel Pascal, producer, have left for the coast. • Robert Gillham, Paramount ad- vertising and publicity director, has returned from a studio visit. • George J. Schaefer, RKO chief ex- ecutive, returned to New York yes- terday from a studio visit. • Joseph Moskowitz has returned to Xew York from a visit at the 20th Century-Fox studio. • J. Cheever Cowdin, Universal board chairman, is expected back from a coast trip today. • Charles Moss and his bride have returned from their Florida honey- moon. • Tyree Dillard, Loew attorney, may spend the holidavs in Greensboro, N. C • Robert W. Perkins, Warners' counsel, has returned from the south. • Mary Pickford has returned to Xew York from a brief coast visit. Insiders' Outlook RKO theatre companies will pay a Christmas bonus to lower salaried employes. The same procedure was followed in other years. A bonus fund of $2,000 will be divided by 30 employes of Cine- color's Hollywood office, shares being based on the number of years each has been in the com- pany's employ and the amount of the individual's weekly pay. T T Agfa Ansco will distribute $125,000 to about 2,600 employes as an annual Christmas bonus this week. Payments will be made to all employes who have been with the company prior to last July 1 and will be appor- tioned on a basis corresponding with the individual's length of service. Maximum payments will be two weeks' salary to those in the company's employ for 10 years or longer. T T Audience health protection in connection with motion pictures is the purpose of a plan proposed in the City Council of Milwaukee. A committee of five has been ap- pointed to study the situation. The study was recommended by the Public Utilities and Health Committee of the City Council. Alderman Samuel Soref spon- sored the measure. Presumably remedial legislation would be sought, depending upon what the study reveals. In opposition to Soref there is Frank B. Met- calfe, chairman of the city's Film Commission, who is skeptical of the motive and purposes behind the Soref measure, and not at all sure about what benefit the proposed committee's study would be to the public. However, Met- calfe is willing to see the effort undertaken. T T Niles Trammell, executive vice-president of NBC, in an ad- dress before the Omaha Adver- tising Club, credited radio broad- casting with raising the Ameri- can standard of living. Trammell gave radio credit for helping to lower prices by increasing sales. His reasons for the success of a radio station is one which ad- heres strictly to good taste in program presentation, and main- tains a neutral attitude on con- troversial public questions. ▼ T In Terre Haute, believe it or not, in answer to the Fourth Avenue Amusement Company's advertising on the "Franken- stein" and "Dracula" horror double, a near-riot followed. Some windows were smashed, traffic was blocked near the American Theatre, and a police squad had to be dispatched to the scene. Several women fainted, necessitating the utilization of several ambulances. And that's according to M. P. Daily's own correspondent, M. P. Debney. ▼ T Industry lawyers have their eyes on North Dakota and the U. S. Supreme Court, awaiting that court's decision on the N. D. divorcement statute. That court's decision, one way or another, may have far-reaching effect on the attitude of these men regard- ing the industry's future action in relation to pending U. S. anti- trust suits. T T Station XEPN, in Piedras Negras, Mexico, opposite Eagle Pass, Texas, was damaged to the extent of $150,000 in a dynamite blast. There has been a dispute over ownership of the station, and factions had been besieging the station for several days. T T A resolution urging appoint- ment of a Catholic woman on every theatre censor board and library board of every city in the diocese of Seattle was passed in that city by the executive board of the Diocesan Council of Cath- olic Women. Twenty thousand women in Seattle and neighbor- ing towns are members of the council, whose president is the Most Rev. Gerald Shaughnessy, bishop of Seattle. T ▼ Gov. Herbert H. Lehman is an ardent film fan, as was his prede- cessor, Franklin D. Roosevelt. Whenever Gov. Lehman desires to see a picture, one of the com- panies along Albany's Film Row obliges by arranging a private screening at the Capitol where the Roosevelt screen and equip- ment are still in use. ▼ T Russell Birdwell addresses film editors with the brief reminder that, in compilation of "best" pic- tures of 1938, they should bear in mind that Selznick International during the year released "The Adventures of Tom Sawyer" and "The Young in Heart." "Kentucky" in Louisville World premiere of "Kentucky" will be held by 20th Century-Fox at the Rialto, Louisville, tomorrow. Roger Ferri, editor of the Dynamo, company publication, is there covering it. Loew Renews N. H. Lease New Haven, Dec. 19. — Loew's have renewed their lease of the 2.000-seat Palace for 10 years. It is reported extensive remodeling will be under- taken. Canadian ITA Seeks "B" Clearance Cut To High of 56 Days Toronto, Dec. 19. — The Indepen- dent Theatres Association of Canada, of which Harry Firestone of Toronto is president, has made a formal re- quest to the Canadian Clearance Com- mittee for a general shaving dowivjof protection on "B" pictures in Tori , and other key cities so that the maxi- mum of protection will be 56 days after their performance at downtown first run theatres. In actual practice the independents claim that the neigh- borhood theatres do not get a chance with bookings until six months after first local exhibition. First Runs Get 28 Days At present the first run houses in Toronto are given 28 days' protection over key theatres in each of eight zones throughout the city which, ac- cording to the association, are all cir- cuit theatres as well. Next in line for bookings is another series of circuit houses which wait from 14 to 28 days, after which the independent commu- nity theatres come in. According to Firestone, however, current releases are not available to independent owners for months be- cause the prints are booked into out- of-town theatres, also circuit first run situations, so that it is often six months before Toronto independents are able to get dates. Objection also is raised against over-buying of features by the circuits, against which the penalty of loss of priority is not imposed because of delayed bookings. Clearance on "B" pictures was vol- untarily halved by the circuits for the period of the Movie Quiz Contest which will terminate Dec. 31, and the independents are asking for a similar policy on a permanent basis starting in January, pointing out that many of the smaller theatres have yet to play a quiz picture even with the booking concession on "B" pictures. The I. T. A. also has recommended that Canadian distributors obtain _ more prints of features so that bookings in large centers can keep step with clear- ance schedules. MOTION PICTURE DAILY (.Registered U. S. Patent Office) MARTIN QUIGLEY, Editor-in-Chief and Publisher: SAM SHAIN, Editor; JAMES A. CRON, Advertising Manager. Published daily except Saturday, Sunday and holidays by Quigley Publishing Com- pany, Inc., Martin Quigley, president; Colvin Brown, vice-president and treasurer. Publication office: 1270 Sixth Avenue at Rockefeller Center, New York. Telephone: Circle 7-3100. Cable addresss: "Quigpubco New York." All contents copyrighted 1938 by Quigley Publishing Company, Inc. Address all correspondence to the New York office. Other Quigley publications : Motion Picture Herald, Better Theatres, Teatro al Dia, International Motion Picturi Almanac and Fame. BUREAUS : — Hollywood: Postal Union Life Building, Vine and Yucca Sts. ; Boon? Mancall, manager: William R. Weaver editor. Chicago: 624 S. Michigan Ave., C. B O'Neill, manager. London: 4 Golden Square W. 1: cable address, Quigpubco, London: Hope Williams, manager. Entered as second class matter Sept. 23. 1938, at the post office at New York, N. Y.. under the act of March 3. 1879. Subscription rates per year $6 in the Americas and $12 foreign. Single copies 10c. 3^ T/ON mm National Carbon Company, Inc. has revolution- ized motion picture projection through steady improvement in projection light sources. You cannot afford to retain 1928 standards of theater illumination. Ask your dealer about the economy, low cost and box office value of Simplified High Intensity projection. PROJECTION jODDDOODDDDQDDDL WITH NATIONAL SUPREX C. L Copyrighted 1938 — National Carbon Company. Inc. *JH0 MODERN I NATIONAL CARBON COMPANY, INC.! Unit of Union Carbide HIM and Carbon Corporation CARBON SALES DIVISION, CLEVELAND, OHIO General Offices : 30 East 42nd Street, New York, N. Y. AHCH_SALE.S _0.FFI CBS: HfW.-TORK _ . PITTSBURGH CHICAGO ___SAS. FfUNCIStfli MOTION PICTURE. DAILY Tuesday, December 20. 1938 4 Bernie Luncheon Garners $125,000 (Continued from page 1) Publishers' Ass'n, $2,500; Walter Reade, $2,250; I. J. Fox, $2,200; Mil- ton C Weisman, $2,000; Frisch & Rinzler, $2,000; Jules Brulatour, $1,500; Abe Lastfogel, $1,250; Leo Brecher, $1,012. Also, Louis Bernstein, $1,000; Jack Robbins, $1,000; Leo Feist. $1,000; Richard Rogers, $1,000; Sam Morris, $1,000; Sam and Arthur Lyons, $1,000; Spyros Skouras, $1,000; Bar- ney Balaban, $1,000; C. C. Moskowitz, $1,000 ; Ed Levine, $1,000 ; Nate Spin- gold, $1,000; John Golden, $1,000; Phil Baker, $1,000. Also, the Picker Family (Loew's), $750 ; Si Fabian, $500 ; Abe Montague, $550; Abe Schneider, $500: William Morris, Jr., $500; Roy Norr, $500; Variety, $500; Nate J. Blumberg, $500; Sam Berman, $500; Joseph Bernhardt, $500; Joe Vogel, $500: Hal Home, $500 ; Olsen & Johnson, $500 ; Jack Skirball, $400; Louis Nizer, $350; Jack Pearl, $250; Marvin schenck, $250; Sam Sax, $200; Ned E. Depinet, $200; "Ham" Fisher, $200 ; Oscar Doob, $200 ; Louis Sobol, $100; Norma Terriss, $100; Charles Sonin, $100; Howard Dietz, $100; Dave Apollon, $100; Sam Briskin, $100; Harry Bernstein, $150; Budd Rogers, $100; Lou Holtz, $100; Vin- cent Lopez, $100; Harry Salter, $100; Arthur Price, $100, and William Mur- ray, $100. At the dais with Cantor and Bernie were Will H. Hays, Maurice Silver- stone, Frank Gillmore, Harry Brandt, Fred Stone, John Golden, Phil Baker, Jack Cohn, Max Gordon, Felix War- burg and Raymond Massey. Industry Honors Schines At Albany (Continued from page 1) Cohn, Ned E. Depinet, Jules Levy, T. J. Connors, Milt Kusell, Herman Rob- bins, Edward A. Golden, Willard Mc- Kay and Louis Nizer. Phil Fox, Columbia branch man- ager, who was chairman of the ar- rangements committee for the event, and Bernard Kranze of the Schine Circuit were additional speakers. Rabbi Freedman of Gloversville, Schine headquarters, pronounced bene- diction at the opening of the affair. Entertainment arranged by Lou Gold- berg followed the dinner. A late ending kept most of the New York delegation here overnight. U. A. Closes Two Deals Deals covering all United Artists product for the current season have been closed by L. J. Schlaifer, U. A. western sales manager, with Minne- sota Amusement Co. and United De- troit Theatres (Paramount). The deals cover first and subsequent runs of both circuits. Confers on British Plans Hollywood, Dec. 19. — Robert Ritchie, executive of M-G-M's Brit- ish studio, arrived today from New York for several weeks of discussion on production plans with Louis B. Mayer. Murphy Is President Of American Record Adrian Murphy was named tempo- rary president of American Record Corp. yesterday by CBS, which pur- chased the corporation on Saturday from Consolidated Film Industries, Inc., for $700,000. Other officers named, also on a temporary basis, w ere Frank K. White, treasurer, C. C. Boydston, assistant treasurer, and Ralph F. Colin, secretary. The purchase included the subsidi- aries, Columbia Phonograph Co., Inc., Brunswick Record Corp., Amer- ican Record Corp. of California, Mas- ter Records, Inc., and several inactive companies. Columbia Phonograph was the parent company of CBS some years ago. Of the stock acquired by CBS, 20 per cent will be held by a minority group with an option to CBS to re-purchase. Appeal Is Dismissed In Lipman RKO Suit "Ideas cannot be copyrighted, but sequence of events can," the U. S. Circuit Court of Appeals ruled yester- day. However, a judgment dismissing the appeal of Clara Lipman and the estate of Samuel Lipman from a dis- missal of their suit against RKO was affirmed. The authors claimed an infringe- ment of their play, "Depends on the Woman" in the RKO picture, "I Dream Too Much." The court ruled that the more varied the sequence, the less likely it was that a court would find an infringement. Principal Lays Off Snell, Four Others Hollywood, Dec. 19. — Paul Snell, Principal Productions publicity direc- tor, and five other studio employes were laid off today for two months. Slackening of Sol Lesser's production schedule caused the layoff. Snell will become Pacific coast rep- resentative of Steve Hannagan and will return to Principal the latter part of February on a picture-to-picture basis. Asher Sailing Dec. 30 For Columbia Confab London, Dec. 19. — Irving Asher, head of production in England for Columbia, will sail for the United States on Dec. 30, bringing with him a print of "Q Planes," which Colum- bia will release throughout the world. Holloway De Lapp Aide Hollywood, Dec. 19. — Bert Hollo- way has been made assistant to Terry De Lapp, Paramount studio publicity head, and other members of the de- partment have been given new assign- ments to increase the efficiency of the department. The rearrangement elimi- nates an earlier plan for bringing Al Wilkie from the home office to head the department here. No resigna- tions are involved in the changes. Selznick Casting "Wind" Hollywood, Dec. 19. — Oscar Polk, colored actor who played the role of Gabriel in "Green Pastures" was given the role of Port in "Gone With the Wind" at the Selznick International studio today. Local Trade Pacts Will Be Negotiated (Continued from page 1) committee, returned yesterday from the coast after an absence of more than a week. It had been explained to the exhibi- tor committees that the first draft they were to receive would be only tentative and would be subject to further discussions and negotiation. The draft represents the viewpoints of the eight major company sales de- partments and their counsel, formu- lated on the basis of exhibitor propo- sals in the negotiating meetings held over a period of weeks. The draft represents an effort to coordinate the divergent viewpoints between the com- panies as well as an attempt to recon- cile these viewpoints with the different opinions expressed by the committees negotiating for Allied, M.P.T.O.A. and the seven unaffiliated units. Loew Suit Is Due to Wind Up Tomorrow (Continued from page 1) member of the board of Film Securi- ties, Inc., and H. M. Bardt, vice-presi- dent of the Bank of America, also testified on behalf of the company. Bardt pointed out that Norma Shearer will receive only one-third of the income from the estate of the late Irving Thalberg, and that the entire principal of the estate goes to the chil- dren. Leopold Friedman, vice-president of Loew's, and J. Robert Rubin, vice- president and general counsel, are ex- pected to testify today. Unions to Meet Here On Studio Basic Pact (Continued from page 1) union contracts. Compliance with the Federal law has been established in the distribution and home office branches of the industry for more than a month. The exhibition branch is ex- empt. Casey and the company heads are slated to meet Jan. 9 with Joseph M. Weber, president of the American Federation of Musicians, to discuss further the possibilities of the indus- try absorbing a large number of un- employed musicians. Weber, now in the south, is due in New York shortly after Jan. 1. U. A. Owners to Meet Jan. 12 in Hollywood (Ccmtinued from page 1) Alexander Korda to catch a plane to the coast. Korda's departure left the meeting without a quorum. Among the subjects discussed was the company's "reward of merit" or producers' bonus plan. Final action on the plan may be taken at the next meeting of the board, no date for which has been set yet, however. Acquire Princeton House With the acquisition of the Arcade, Princeton, N. J., Associated Play- houses now have control of the town. The circuit has also the Garden and the Playhouse in Princeton. The Ar- cade was taken over from F. A. Struve. Second Run Theatres Lose in Coast Action Los Angeles, Dec. 19. — Second run theatre activities do not affect inter- state commerce, Federal Judge Harry Hollzer ruled today. The ruling was in a suit brought by Colcata Corp. against Fox Wrest Coast Theatres and eight major distributors. It was dis- missed. Judge Hollzer said that the defend- ants' acts were insufficient to warrant a charge of intent to restrain iii*""- state commerce. Leave to file'\J|. amended complaint was granted. British Film Group Delays Dissolution London, Dec. 19. — Producers' group here, which recently decided to reor- ganize under an entirely new setup, today decided to suspend final action in dissolving the present organization. The decision to continue for another three months as the Films Group of the Federation of British Industries, is believed to have been taken as a result of the continued reluctance of the American companies to join the movement for a revised organization. The group originally decided to dis- band its present setup because of lack of interest on the part of many mem- ber companies, and the consequent in- ability to accomplish its objectives. Hold Marquee Hearing Public hearing on the Keegan bill which would permit nine-foot theatre marquees instead of the present limi- tation of trwo feet was held by Mayor Fiorello H. LaGuardia at City Hall yesterday. Realty interests attacked the bill on the ground that it would make a "Coney Island and Times Square" of the entire city. Labor unions and circuit heads urged the mayor to sign the bill. Sues on Johnson Film Osa Johnson, as executrix of the es- tate of Martin Johnson, filed suit in the N. Y. Supreme Court yesterday against Lina Pictures Corp. and Jo- seph Briskman for a permanent in- junction restraining further distribu- tion of the film, "Across the World With the Johnsons," a return of the negative and an accounting of the profits. "Mamlock" Writ Denied Application for a temporary injunc- tion against further exhibition of "Professor Mamlock" was denied by N. Y. Supreme Court Justice Philip J. McCook yesterday. Hans J. Mam- lok is suing Amkino Corp., Levrad Amusement Co., Inc., Cameo Theatre Co., Inc., Leninfilm, Charles S. Levin. Benjamin I. Radin and Friedrich Wolf on the ground that the film is based on his life and that it libels him. Orpheum Fees Stand U. S. Circuit Court of Appeals yes- terday affirmed an allowance of $5.- 500 to Marcus Heiman, trustee in bankruptcy of Orpheum Circuit, Inc., and $20,000 to his attorneys, Beekman, Bogue, Leake, Stephens & Black. A creditor, Philip J. Snyder, had ap- pealed the allowance as excessive. Heiman had sought $7,172 and his attorneys $50,000. Tuesday, December 20, 1938 MOTION PICTURE DAILY 'Patrol' IsGood $16,500 in Hub Despite Xmas Boston, Dec. 19.— With the Christ- mas shopping rush making only a slight dent in the week's business, Submarine Patrol" and "Thanks for U ^Memory" pulled a neat $16,500 at thcr Metropolitan. "The Young in Heart" and "Spring Madness" took a good $15,000 at Loew's Orpheum and hit $10,000 at Loew's State. "Heart of the North" and "Sharp- shooters" did well with $5,500 at the Fenway but took a fair $7,500 at the Paramount. Estimated takings for the week end- ing Dec. 14: "Drums" (U. A.) "Next Time I Marry" (RKO) RKO MEMORIAL— (2,907) (25c-35c-40c- 55c) 7 days. Gross: $12,500. (Average, $13,- 000) "Submarine Patrol" (20th-Fox) "Thanks for the Memory" (Para.) METROPOLITAN — (4,332) (25c-35c-40c- 55c) 7 days. Gross: $16,500. (Average, $12,- 500) "The Young in Heart" (U. A.) "Spring Madness" (M-G-M) LOEW'S ORPHEUM— (2,907) (25c-35c-40c- 55c) 7 days. Gross: $15,000. (Average, $12,- 000) "The Young in Heart" (U. A) "Spring Madness" (M-G-M) LOEW'S STATE— (3,537) (25c-35c-40c-55c) 7 days. Gross: $10,000. (Average, $10,000) "Heart of the North" (W. B.) "Sharpshooters" (ZOth-Fox) PARAMOUNT— (1,797) (25c-35c-40c-55c) 7 days. Gross: $7,500. (Average, $8,500) "Heart of the North" (W. B.) "Sharpshooters" (20th-Fox) FENWAY — (25c-35c-40c-55c) 7 days. Gross: $5,500. (Average, $4,500) Cincinnati Gives 'Heart' $11,300 Cincinnati, Dec. 19. — High money went to "The Young In Heart," which gave the RKO Palace $11,300. "Angels With Dirty Faces" did well with $3,000 in its third week at the RKO Grand, and "Out West With the Hardys" took $5,300 at the RKO Capitol, in its second stanza. Estimated takings for the week end- ing Dec. 15 : "Submarine Patrol" (20th-Fox) RKO ALBEE— (3,300) (35c-42c) 7 days. Gross: $9,800. (Average, $12,000) "The Young In Heart" (U. A.) RKO PALACE— (2,700) (35c-42c) 7 days. Gross: $11,300. (Average, $10,000) "Spring Madness" (M-G-M) RKO SHUBERT— (2,150) (35c-40c-60c) 7 days. Stage: "Hollywood to Broadway" Re- vue with Lola Lane and Jack Durant. Gross: $10,000. (Average, $12,000) "Out West With the Hardys" (M-G-M) RKO CAPITOL— (2,000) (35c-42) 7 days, 2nd week. Gross: $5,300. (Average, $6,500) "Dark Rapture" (Univ.) RKO LYRIC— (1,400) (35c-42c) 7 days. Gross: $4,600. (Average, $6,500) "Angels With Dirty Faces" (F. N.) RKO GRAND— (1,200) (25c-40c) 7 days. 3rd week. Gross: $3,000) (Average. $2,750) "I Stand Accused" (Republic) (2 days) "The Storm" (Univ.) (2 days) "Law West of Tombstone" (Radio) (3 days) RKO FAMILY— (1,000) (15c-25c). Gross: $2,350. (Average, $2,450) "The Cowboy and the Lady" (U. A) KEITH'S — (1,500) (30c-40c) 7 days, 2nd week. Gross: $3,400. (Average, $6,500) Hollywood Preview "Sweethearts" (M-G-M) Hollywood, Dec. 19. — "Sweethearts," fifth co-starring feature for Jeanette MacDonald and Nelson Eddy, is sweet entertainment every minute. There are 110 minutes in which the sophisticates and masses, those who appreciate fine music and enjoy romantic love interest, comedy, staging beautifully photographed in color and spectacle are offered much to delight them. Only the title, a number of the original Victor Herbert musical com- positions and the memory of "Sweethearts" are retained in the piece. Otherwise everything is new. The sparkling screenplay, prepared by Dorothy Parker and Alan Campbell, is the first modern theme that the Mac Donald-Eddy duo have had. The up-to-date lyrics and music by Bob Wright and Chet Forrest, the picturesque settings created by Cedric Gibbons and the dances and ensembles arranged by Albertina Rasch accentuate the several entertainment elements. In his handling of stars and supporting personnel, the wealth of production detail and settings, W. S. Van Dyke again warrants his rating as one of the industry's top directors. It is a Hunt Stromberg production and one to be proud of. After six years of starring in "Sweethearts," appearing in benefits on radio broadcasts and doing all that is expected of members of royal families of Broadway, happily married Miss MacDonald and Eddy succumb to the lure of Hollywood. As his "kiddies" prepare to depart, the bottom drops out of producer Frank Morgan's life. But not for nothing is Mischa Auer a great playwright. Stealing love letters which Eddy has written his wife, he concocts a script that, when read to Miss MacDonald, sows the seeds of jealousy in her mind. Faithful secretary Florence Rice is set up as the "other woman." The pair split, go on separate road company tours and suffer all the agonies of those whose love has been taken away from them, until they discover they have been duped. Hollywood is forgotten as, reunited, they continue in "Sweethearts." The MacDonald-Eddy name value is supplemented by that of a host of important screen personalities. It may be expected that not only will the show be attractive to their regular following, but also to those patrons who turn out only when an unusual show is available. Running time, 110 minutes. "G."* G. McC. *"G" denotes general classification. First W. B. "Heroes" Set Hollywood, Dec. 19. — First of the Warner four-reel color series, "He- roes of the Western Hemisphere" will be "Bolivar of South America," with a life story of General Jose Artigas next. Capitol Supply Corp. Observes 20th Year Capitol Motion Picture Supply Corp. is celebrating its twentieth year in business. I. Perse founded the enterprise Dec. 20, 1918, after having been mechanic, repair man and licensed projectionist. The organization now is headed by Benjamin Perse, president; Harry Perse, vice-president, and I. Perse, secretary. Dowling Quits RKO For Post at Griffith Oklahoma City, Dec. 19. — Matt Dowling, head booker at the RKO exchange, has resigned to join Griffith Amusement Co. as a booker out of the Dallas office. Frank McCabe, former manager of the Criterion here and head booker for Standard Theatres Corp., has joined Griffith Amusement. Mississippi Judge Upholds Bank Nighi Biloxi, Miss., Dec. 19. — An effort to halt theatre Bank Nights in Biloxi failed when Justice of the Peace E. D. Lawrence dismissed the case of State of Mississippi vs. M. E. Ferrera, man- ager of the Saenger here. Judge Lawrence said: "There hav- ing been no case handed down by the Supreme Court that theatre Bank Nights has proved to be a lottery, it is the discretion and decision of this court that the defendant, charged with advertising a lottery, is not guilty." Albert Sidney Johnston, who signed the affidavit against the theatre man- ager, was among the state witnesses. Lid on Games Asked By Wisconsin ITPA Milwaukee, Dec. 19. — Aware that Bingo has cut into theatre receipts substantially, Milwaukee county mem- bers of the Independent Theatres Pro- tective Association of Wisconsin have called upon authorities to enforce all laws pertaining to lotteries, gambling and all games of chance against "any and all parties" violating ordinances or statutes. Exhibitors indicated their willing- ness to discontinue games of chance in theatres provided all forms of games be stopped in halls, taverns and churches. Police Chief Joseph T. Kluchesky has permitted Bingo where it is conducted by church and similar organizations and the game has been attracting thousands weekly. Trenton Bans Bingo Trenton, N. J., Dec. 19. — Ban on Bingo and novelty parties in Mercer County by county authorities does not affect cash games in theatres. The edict is that such parties cease im- mediately. William A. Dooling, Trenton police chief, says criminal charges of operating a lottery will be brought on sufficient evidence. Stromberg on Coast Hollywood, Dec. 19. — Hunt Strom- berg, M-G-M producer, and Joseph Mankiewicz, writer, arrived today from New York. ^s" ***** to^-w^L ia* -*« ^ *;so picture is trulV Gf Jea ^ ^ ana ^ mucU to *e at bis best- B ^x suuat SddYj ^ave booked^ ^ s «D •s» CO co «■ Cs cj S v. CO © "SO .jg ft, M "55 O ca eo — s 'SO 5 1 co ^ ^ « . s ca cu •ft cy £5 CU *g « s CD »5 ~£ g~ ft. co HO «a Sh CO e CD so PQ d ■oO i-J JS in 8 I S ~ o O N? h-. JS cj"«2 X ,. -~v a o P I .^8 o"3 2 d to M^-'t-4, c«co^e-g- js CO '- g 5 c° g>Ow 4) JS ° " y-< O CO G s 1 B §cr to ~< . «rt s « WARNERS Torchy Gets Her Man (G) (D) Glenda Farrell MacLane Nancy Drew, Detective Bonita Granville John Litel Angels with Dirty Faces (G) (D) Cagney O'Brien "Dead End" Kids Comet Over Broadway (G) (D) Kay Francis Ian Hunter Heart of the North (G) (D) Dick Foran Secret Service of the Air Ronald Reagan John Litel Ila Rhodes The Dawn Patrol Errol Flynn Rathbone Going Places Dick Powell Anita Louise Devil's Island Karloff They Made Me a Criminal John Garfield "Dead End" Kids I laude Rains UNIVERSAL His Exciting Night (G) (C) Charles Ruggles Ona Munson Mars Attacks the World Larry Crabbe Jean Rogers Little Tough Guys in Society (G) (C) Boland Auer Horton Strange Faces (G) (D) Dorothea Kent Frank Jenks Andy Devine Secrets of a Nurse (G) (D) Helen Mack Edmund Lowe Swing, Sister, Swing Ken Murray Ghost Town Riders (O) Newsboys Home Jackie Cooper Wendy Barrie Last Warning Foster Jenks (G) (D) 0 -3 ^ s co g^-J u ^ fa < Cowboy and the Lady (G) (C) Cooper Oberon Trade Winds Fredric March Joan Bennett Duke of West Point Louis Hayard Joan Fontaine 20TH-FOX Just Around the Corner Shirley Temple Charles Farrell (915) Sharpshooters (G) (D) Brian Donlevy Lynn Bari (916) Submarine Patrol (G) (D) Richard Green Nancy Kelly Preston Foster (909) Road Demon (G) (D) Henry Arthur Joan Valerie Henry Armetta (918) Up the River (G) (C) Tony Martin Phyllis Brooks (924) Down on the Farm (G) (C) Jones Family (920) Thanks for Everything (G) (C) Menjou (917) Kentucky Loretta Young Richard Greene (923) While New York Sleeps Michael Whalen (922) Tail Spin Alice Faye Constance Bennett (925) s RKO RADIO . 00 —< O /-s w Law West of Tombstone (G) (O) Harry Carey Jean Rouverol (909) Peck's Bad Boy at the Circus Tom Kelly (G) (C) Next Time I Marry Lucille Ball James Ellison f910} The Great Man Votes John Barrymore Peter Holden Pacific Liner McLaglen Chester Morris Wendy Barrie The Pure in Mind (Tentative) Anne Shirley Roger Daniels REPUBLIC Rhythm of the Saddle (G) (O) Gene Autry Storm Over Bengal (G) (D) Patric Knowles Rochelle Hudson Santa Fe Stampede (G) (O) Orphans of the Street Come On, Rangers (G) (O) Roy Rogers Mary Hart Western Jamboree (O) Gene Autry Smiley Burnette Red River Range 3 Mesquiteers Shine On, Harvest Moon Roy Rogers Mary Hart Federal Man Hunt Livingston Travis Fighting Thoroughbreds Ralph Byrd Mary Carlisle Robert Allen Mysterious Miss X Michael Whalen Mary Hart PARA. If I Were King (G) (D) Colman Rathbone (3810) Thanks for the Memory (G) (C) Bob Hope Shirley Ross (3811) Say It in French (813) Arrest Bulldog Drummond Little Orphan Annie (G) (C) Ann Gillis Robert Kent (3814) Ride a Crooked Mile (G) (D) Farmer Tamiroff (3815) The Frontiersman (G) (O) William Boyd (3856) Tom Sawyer, Detective (3816) Artists and Models Abroad Jack Benny Joan Bennett (3817) King of Chinatown Anna May Wong Tamiroff Colbert Marshall Bert Lahr MONOGRAM Gun Packer (O) Jack Randall Gang Bullets Anne Nag el (G) (D) Song of the Buckaroo (O) Tex Ritter I Am a Criminal (G) (D) John Carroll Mary Kornman Wild Horse Canyon (O) Jack Randall Tough Kid Frankie Darro M-G-M Spring Madness (G) (D) Lew Ayres Burgess Meredith The Shining Hour (A) (D) Crawford Sullavan Douglas Out West with the Hardys Lewis Stone Mickey Rooney Flirting with Fate (G) (C) Joe E. Brown Leo Carrillo Dramatic School Rainer Goddard Alan Marshall A Christmas Carol (G) (D) Reginald Owen Terry Kilburn The Girl Downstairs Tone Gaal Connolly Sweethearts MacDonald Nelson Eddy Stand Up and Fight Robert Taylor Wallace Beery Florence Rice Burn 'Em Up O'Connor Dennis O'Keefe Cecilia Parker COLUMBIA Adventure in Sahara Paul Kelly Lorna Gray Blondie (G) (C) Penny Singleton Arthur Lake Terror of Tiny Town Jed Buell's Midgets Rio Grande (O) Charles Starrett Ann Dor an Strange Lase of Dr. Meade Jack Holt California Frontier (O) There's That Woman Again (G) (C) Douglas Bruce Smashing the Spy Ring Fay Wray Ralph Bellamy North of Shanghai Betty Furness James Craig The Thundering West Starrett M eredith i 3 1 ^ z O Q Jl> On Q § vo Q ^ a s i ^ «3 i Tuesday, December 20, 1938 MOTION PICTURE DAILY 'Heart' Grabs Good $33,000 In Loop Lull Chicago, Dec. 19. — "The Young in Heart" got off to a fast start at the Chicago with $33,000 and was held over. }Vhh the Christmas rush at full b!> business in the Loop fell off wifn only the matinees pulling. "Cowboy And The Lady" did well on a second week at the U.A. and "Angels With Dirty Faces" was good in a third week at the Apollo. Estimated takings for the week end- ing Dec. 13-17: "Angels with Dirty Faces" (W. B.) APOLLO— (1,400) (35c -55c -65c) 7 days. Gross: $6,300. (Average, $6,500) "Young in Heart" (U. A.) CHICAGO— (4,000) (35c-55c-75c) 7 days. Stage: Vaudeville Revue. Gross: $33,000. (Average. $32,000) "Comet Over Broadway" (W. B.) GAR RICK — (900) (30c-40c-50c) 7 days. Gross: $4,500. (Average. $6,500) "Breaking the Ice" (RKO) ORIENTAL— (3,400) (25c-30c-40c) 7 days. Stage: Verne Buck and Revue. Gross: $14,200. (Average, $13,000) "The Storm" (Univ.) PALACE— (2,500) (35c-55c-75c) 7 days. Stage: Frank Jenks and Revue. Gross: $16,600. (Average, $19,000) "Stablemates" (M-G-M) ROOSEVELT— (1,300) (35c -55c -75c) 7 days, 2nd week. Gross: $8,900. (Average, $11,000) "Cowboy and the Lady" (U. A.) UNITED ARTISTS— (1.700) (35c-55c-75c> 7 days, 2nd week. Gross: $14,200. (Aver- age, $15,000) New Haven Slips But "Patrol" Hits $7,300 New Haven, Dec. 19. — "Submarine Patrol" was the only feature to keep above water. In a dual with "Arrest Bulldog Drummond" at the Para- mount, it took $7,300. "Up the River" and "Little Adven- turess" took $2,300 at the College. At the Loew-Poli, "Just Around the Corner" and "Drums" took $7,000. Estimated takings for the week end- in"- Dec. 16 : "Up the River" (20th-Fox) "Little Adventuress" (Col.) COLLEGE— (1,499) (25c-35c) Gross: $2,300. (Average, $2,500) "Just Around the Corner" (20th-Fox) "Drums" (U. A.) LOEW-POLI— (3,040) (35c-50c) 7 Gross: $7,000. (Average, $8,000) "Submarine Patrol" (ZOth-Fox) "Arrest Bulldog Drummond" (Para.) PARAMOUNT — (2,348) (35c-50c) 8 davs. Gross: $7,300. (Average, $4,400) "Brother Rat" (W. B.) "Torchy Gets Her Man" (W. B.) and "Angels with Dirty Faces" (W. B.) "Road to Reno" (Univ.) ROGER SHERMAN— (2,200) (35c-50c) (3- day and 4-day re-engagement). Gross: $3,900. (Average, $4,700) days. days 31% of Britishers Are Weekly Cinema Goers London, Dec. 19. — About 31 per cent of the British population are habitual weekly cinema goers, a sur- vey by the London News Chronicle shows. About 13 per cent go twice a week ; three per cent three times and two per cent four times or more. About 12 out of every 100 Britishers never go to the cinema. They are mostly elderly folk. The ratio rises from four per cent from the age of 21 to 25 per cent at the age of 50 and over. Hollywood Previews "Comet Over Broadway" (Warners) Hollywood, Dec. 19. — In "Comet Over Broadway," one of her pic- tures for Warners, Kay Francis turns in one of her best performances. She has a good story and she takes advantage of every opportunity. The cast supporting her, particularly Ian Hunter, John Litel, Donald Crisp, Mina Gombell, Sybil Jason, Melville Cooper, Ian Keith and Leona Maricle, are excellent. Based on a Faith Baldwin Cosmopolitan Magazine story, with screei. play by Mark Hellinger and Robert Buckner, the appeal of "Comet Ovei Broadway" is to women. The work of the cast together with that of director Busby Berkeley is pointed to accentuate that interest. A stage struck country girl, Miss Francis becomes involved in a situation that results in her husband, Litel, being sentenced to jail for life for murder. Realizing her responsibility, Miss Francis dedicates her life to freeing Litel. She goes on the stage and in her burlesque and vaudeville career makes a fast friendship with old trouper Miss Gombell. Professional jealousy on the part of actress Miss Maricle causes her to lose a Broadway chance and apparently costs the friend- ship of producer Hunter. However, as Miss Gombell becomes guardian to her child, Miss Jason, Miss Francis becomes a star of the London stage. Seen there by Hunter, he invites her back to New York to star in his show. His second objective is romance. At the hour of American triumph comes word that Litel is to be paroled. Sacrificing her chance for fame, she returns to her country home as his wife and mother of their child. Running time, 65 minutes. "G."* G. McC. "Gambling Ship" (Universal) Hollywood, Dec. 19. — This is another of those swift, practical little pictures, more effective than fancy, that have been coming from Universal since Nate Blumberg and his box-office trained associates took over. Cast without thunderous names, it tells a compact story concisely and realistically, makes 60 minutes seem a short hour. Robert Wilcox and Helen Mack are the youthful romantics caught up in an underworldly series of goings-on which include a murder, an abduction and, finally, the capture of the arch gangster, played pro- ficiently by Irving Pichell, through use of a film camera. In the dialogue, incidentally, and belonging there, is a speech which goes, "Remember — motion pictures are your best entertainment." The story by G. Carleton Brown and Emanuel Manheim and screen- play by Alex Gottlieb is a smooth tale about a crook who covets an honestly operated gambling ship, the girl who owns it, the officer who masquerades as a criminal to get the goods on the crook, the means whereby he does so and what follows. Ed Brophy and Joseph Sawyer play a pair of slug-uglies potently. Irving Starr produced and Aubrey Scotto directed. Running time, 60 minutes. "G."* Roscoe Williams. "There's That Woman Again" (Columbia) Hollywood, Dec. 19. — Showmen can call this a comedy, a melodrama, a detective mystery or all three, and count on the picture backing them up. They can say that Melvyn Douglas and Virginia Bruce are as flippantly fascinating as any other Mr. and Mrs. Detective the screen has seen and depend on their performances to make good this promise. The film is tiptop as to production, topnotch as to direction and aces as to story. It had a Hollywood preview au,dience guffawing. It took five writers to piece out the plot and there is credit enough to go around. Philip G. Epstein, James Edward Grant and Ken Eng- lund wrote the screenplay from a story by Gladys Lehman, who got it from an original by Wilson Collison. Associate producer B. B Kahane and director Alexander Hall gave it depth, dressing, fresh- ness, momentum, coherence, gloss, point and — in short — just about every- thing a modern comedy-melodrama requires to make the paying guests glad they paid. The place is New York, the time now, and the detective has been employed to put an end to a series of robberies occurring in a iewelry store at Fifth Ave. and 50th St. His wife helps, against his will, Tom Dugan, his assistant, doesn't, and there are two murders before it turns out that the lady who owns the place is responsible for all the deviltry. Margaret Lindsay plays this highly criminal person cleverly. Running time, 70 minutes. "G."* Roscoe Williams 'G" denotes general classification. 'Hour' and 'Carol' Dual Hits $10,000 As Milwaukee High Milwaukee, Dec. 19. — Best bets in a slow week were "The Shining Hour" and "A Christmas Carol," grossing $10,000 at Fox's Wisconsin. "The Citadel" and "Sons of the Le- gion" grossed $6,000 at the Palace, while "The Young in Heart" and "Peck's Bad Boy With the Circus" were good for $5,400 at the Warner. Estimated takings for the week end- ing Dec. 14-16: "The Young in Heart" (U. A.) "Peck's Bad Boy With the Circus" (RKO) WARNER— (2,400) (35c-50c) 7 days. Gross: $5,400. (Average, $5,000) "The Lady Vanishes" (G. B.) LITTLE THEATRE— (1,098) (35c-50c) 7 days. Gross: $2,000. "The Citadel" (M-G-M) "Sons of the Legion" (Para.) PALACE— (2,400) (35c-50c) 7 days. Gross: $6,000. (Average, $5,000) "The Little Adventuress" (Col.) RIVERSIDE— (2,300) (35c-50c) 7 days. Stage: Romo Vincent. Gross: $4,500. (Average, $5,000) "Out West With the Hardys" (M-G-M) "Listen, Darling" (M-G-M) STRAND— (1,400) (35c-50c) 7 days. Gross: $4,200. (Average, $4,500) "The Shining Hour" (M-G-M) "A Christmas Carol" (M-G-M) WISCONSIN— (3.200) (35c-50c) 7 days. Gross: $10,000. (Average, $8,000) None Cracks Par in Slow Montreal Week Montreal, Dec. 19. — "Too Hot to Handle" was fair at $8,000 in a poor week. No house bettered par. "Just Around the Corner," figuring on a double bill at the Princess, accounted for $5,500. "Brother Rat," on a dual brought $6,500 to the Capitol and the second week of "The Cowboy and the Lady" recorded $3,000 at the Orpheum. Snowy weather helped the shopping but not the theatres. Estimated takings for the week end- ing Dec. 17: "Brother Rat" (W. B.) "Torchy Gets Her Man" (W. B.) CAPITOL — (2,547) (25c-40c-5Sc-65c) 7 days. Gross: $6,500. (Average, $9,500) "The Road to Reno" (Univ.) LOEW'S-(2,800) (25c-4Oc-50c) 7 days. Stage: 7 vaudeville acts. Gross: $6,000 (Average, $8,000) "The Cowboy and the Lady" (U. A.) ORPHEUM— (919) (25c-35c-50c) 7 days. 2nd week. Gross: $3,000. (Average, $5,000) "Too Hot to Handle" (M-G-M) PALACE— (2,600) (25c-40c-55c-65c) 7 days. Gross: $8,000. (Average, $11,000) "Just Around the Corner" (20th-Fox) "Big Town Girls" (20th-Fox) PRINCESS-(2.272) (25c-35c-50c-65c) 7 days. Gross: $5,500. (Average, $7,000) 'Algiers; 'Kildare' Draw $9,100, Omaha Omaha, Dec. 19.— Pre-Christmas slump hit theatre grosses with "Al- giers," dualled with "Young Dr. Kil- dare," getting a good $9,100 at the Orpheum. "Sisters" and "Always in Trouble" grossed $7,200 at the Omaha while the Brandeis took $3,900 for "Girls School" and "Comet Over Broadway." Estimated takings for the week end- ing Dec. 14-15: "Girls School" (Col.) "Comet Over Broadway" (W.B ) BRANDEIS-(1.200) (25c-35c-40c) 7 days Gross: $3,900. (Average, $4,000) "The Sisters" (W. B.) "Always in Trouble" (20th-Fox) OMAHA-(2,200) (25c-40c) 7 days. Gross- $7,200. (Average, $5,500) "Algiers" (U. A.) "Young Dr. Kildare" (M-G-M) ORPHEUM— (3.00O) (25c-40c) 7 days Gross: $9,100. (Average, $7,200) MOTION PICTURE DAILY Inquiry Is Planned On Patent Situation In Radio by N.E.C. Washington, Dec. 19. — Investiga- tion of the patent situation in the radio industry by the Temporary Na- tional Economic Committee may be started when it re-convenes after a holiday recess, it was indicated here today. The committee has just com- pleted studies of the automobile pat- ent pool and the patent situation in the glass industry. After the new Congress has or- ganized, it is probable that other in- dustries, including radio and oil, where patents are a major factor will be investigated. Radio Is Peace Tool FCC Will Resume Quiz of NBC Today Washington, Dec. 19. — The Fed- eral Communications committee in- vestigating alleged monopoly in broad- casting tomorrow will begin the wind- ing up of its study of the organization and operations of the National Broad- casting Co. preparatory to recessing hearings over the Christmas holiday. When hearings are resumed Jan- uary 4, officials of the Columbia Broadcasting System will be called to explain the setup and activities of that chain. Survey of Columbia is not expected to require the six weeks which, with a break for Thanksgiving, were neces- sary for the NBC study, and the com- mission hopes to reach the Mutual Broadcasting System, the last of the national nets to be investigated, by the end of January. RADIO ► Radio Personals < ROBERT TAYLOR returns to "Good News of 1939" on Thurs- day . . . Charles Roe is the new production manager at WGL and will handle special feature assignments at the station and WOWO . . . Conrad Nagel, director of "Silver Theatre" will star in the next two productions with Ida Lupino on Christmas and New Year's Day . . . Sam "Schlep- perman" Hearn will be guest star of Fibber McGee tonight on NBC-Red . . . Harry von Zell will do the an- nouncing for "Honolulu Bound" which starts on CBS Jan. 14 at 9 P.M. + Adolph Menjou and Frances Dee will star in the next presentation of "Star Theatre" on CBS tomorrow . . . Walt Disney will be interviewed by Cecil B. DeMille on the "Lux Ra- dio Theatre" between acts of "Snow White and the Seven Dwarfs" next Monday . . . Kate Smith will spend Christmas Eve with her mother in Washington, D. C. . . . Jean Hersholt accompanied by his wife, will spend the holiday in New York . . . Alfred Segal, Cincinnati Post columnist, starts a series of four weekly broad- casts at 10:30 P.M. over NBC-Red on Christmas Day. He will offer an interpretation of the week's news, "Mr. Dodd Looks at the News." Heywood Broun and George S. Kauf- man will be guests of "Information, Please" tonight. + Kirsten Flagstad will sing "Silent Night" over the combined Blue and Red networks of NBC at 11:57 P.M. Christmas Eve . . . William A. Schudt, Jr., general manager of WKRC, Cincinnati, has returned after a 10-day trip to New York . . . Rus- sell Pratt starts a new six-a-week series for Coco Wheats on KDKA at 7 :30 A.M. on Jan. 2 ... J. N. Bailey has been appointed editor of the news room of WLW and WSAI to succeed H. L. MacEwen, resigned. WBRY Brings CBS N. E. Outlets to Ten Addition of WBRY, New Haven, on Friday brought the number of out- lets on Columbia's New England net- work up to 10. Rate card issued shows $1,750 for full night hour and $879 for day. For half hour programs, $1,050 night, $529 day; quarter hour, $700 night, $350 day. Discount of 10 per cent is allowed for programs go- ing 52 consecutive weeks. On April 30, KOIL, Omaha, will be- come part of the CBS basic network. Base rate will be $175 a night hour and $88 day. Frances Wood to WCLO Janesville, Wis., Dec. 19. — Frances Wood, formerly organist on WCLS, Joliet, 111., where she was heard from the Rialto, has been named musical director at WCLO here. Heading WISN Sales Milwaukee, Dec. 19. — Fred E. Zindler, formerly advertising salesman for the Milwaukee Journal, owner and operator of WTMJ, has been named sales manager of WISN here. British Group Hears London, Dec. 19. — That every wire- less manufactured by the industry is an ambassador for Britain and a po- tential instrument for peace, was the view expressed by F. W. Oglivie, di- rector general of the B.B.C., at the annual banquet of the British Radio Manufacturers' Association. Oglivie said that short wave broad- casting is only beginning and that be- fore 1950 short wave reception from one side of the world to another would be as generally accessible as medium wave reception at home today. Television, he asserted, had passed from experiment to the level of enter- tainment, even though it was in an early stage. Crosley Station to Run on 50,000 Watts Cincinnati, Dec. 19. — Crosley sta- tion W8XAL will operate on 50,000 watts early next year under permit granted by the F.C.C., and will be permitted to use four more interna- tional broadcasting frequency bands. The station now uses 10,000 watts, and operates in the six and nine meg- acycle band. The new permit will enable it to also broadcast in the 11, 15, 17 and 21 megacycle bands. Two transmitters instead of one will be used on the new power, making possible instantaneous switching from one frequency band to another, allow- ing the station to adjust its wave length to geographical and atmos- pheric conditions without loss of time. A special antenna, now under develop- ment, will be used, making it possible to aim the broadcast beam at any chosen country or city. "Lamplighter" on WOR "The Lamplighter" is the new I. J. Fox, Inc., program on WOR. Ster- ling Advertising Agency placed the show, which will be heard Sundavs at 12:30 P.M. Richfield Oil Co. will sponsor a 15-minute Transradio News broadcast over the station on Sun- days at 12:45 P.M. starting Jan. 15. Sherman K. Ellis & Co. is the agency. Lasky Names Two Aides Jesse L. Lasky has named Hobart Bosworth and Bryant Washburn as his personal representatives for the "Tal- ent Quest" program which makes its debut Jan. 8 over CBS. Butcher Sells 300 "A" Shares of CBS Stock Washington, Dec. 19. — Disposition in October by Harry S. Butcher, vice- president, of 300 shares of Class "A" Columbia Broadcasting System stock, his entire holdings in that class, has been reported by the Securities and Exchange Commission. Only two small film stock transac- tions were reported in the summary, which showed that in September Ab- raham Schneider, New York, received two common voting trust certificates of Columbia Pictures Corp. as a stock dividend, increasing his holdings to 102, and Mabel M. Malone, New York, disposed of 55 shares of Pathe common stock, her entire holdings. The commission announced that a report filed by Harold Saxe, New York, showed that he held no equity securities of Educational Pictures when becoming an officer in that com- pany on April 1, last. To Air Transit Service Cincinnati. Dec. 19. — As a matter of public service, WCKY, in a tieup with the Cincinnati Street Railway Co.. will broadcast emergency an- nouncements in cases of fire, floods or other conditions which affect the local transportation systems. Information will be accepted by WCKY an- nouncers if telephoned in by any one of four company officials, who will use a code word to prevent false an- nouncements being dispatched. Catholic Guild Series Troy, Dec. 19. — Catholic Radio Guild here is sponsoring a Monday night series over WHAZ, exoeri- mental station operated by the Rens- selaer Polytechnic Institute. Rev. Raymond Halpin acts as master of ceremonies. Shadwell Joins WSAI Cincinnati, Dec. 19.— Clair Shad- well, currently conducting the "Night Watchman" program over NBC, will join WSAI, as master of ceremonies on the "Dow Daily Express," an early morning commercial sponsored by Dow Drug Co. Bayuk Renews Program Bayuk Cigar Co. has renewed for 18 weeks its three-times weekly pro- gram, "The Inside of Sports," over Mutual. Ivey & Ellington is the agency. Tuesday, December 20, 1938 Around the Country Cincinnati When the "Boone County Jam- boree" moved from the 2,200-seat1 Emery Auditorium to the 3,500r-~at Music Hall from which the twrl id one quarter hour stage shows will hereafter originate, the "Plantation- Party" portion of the program, aired from 9 to 9:30 P. M., E.S.T., was sponsored by Brown and Williamson Tobacco Co., instead of International Harvester Co. . . . Vick Chemical Co. continues as sponsor of "Open House," from 10 to 10:30 P. M., E.S.T., both programs being fed to the NBC web. . . . Jimmy Scribner, who plays all 22 characters in "The Johnson Family," in addition to writing the script, pro- ducing the show, and handling his own sound effects, has begun broadcasting his program from WSAI from where it will originate for the balance of December. The program, fed to the Mutual web, and aired at 5:15 P. M., E.S.T., Monday through Friday, has originated in New York for the past two years. . . . Dr. Victor E. Reichert, Rabbi of Rockdale Temple, will be the guest speaker on four successive broadcasts of the "Message of Israel," beginning Jan. 7. The broadcasts, fed to NBC, will originate in the Nether- land Plaza studios of WCKY. + Albany Forrest Willis of WOKO has left for Bermuda. In his absence, Elliott Gove will handle the Socony news flashes and divide the Montgomery Ward daily musical hour with Ralph Kanna. . . . Johnny Lee, program di- rector for WOKO, will pinch hit on the D'Jimas afternoon musical ar- rangements. . . . Bert Madden, who won an announcer's audition contest about a year ago, is now program di- rector for WABY. . . . Sherb Herrick is handling the new Kreemflake half- hour morning shots, Monday through Saturday and writing the continuity over WOKO. ... Leo Bolley has passed his third year on WGY for Tydol. . . . Gene O'Haire is being readied for another sports program over WGY. . . . Jerry Stewart, who does sound track for film stars' ani- mated cartoons, was in Troy, his na- tive lair, and did a mimicry shot over WOKO. . . . New station in Troy ready for an early 1939 shot. . . . Maybelle Osborne is doing a new show for local furniture dealer on a five-day week basis, with Gren Rand on the script. . . . Preparations are be- ing made locally for a nationwide hook-up on the inauguration of Gov- ernor Lehman January 1. FCC Calendar Washington, Dec. 19. — Increased power has been asked of the Federal Communications Commission bv two broadcasting stations. Applications filed with the commis- sion included requests of WEAU, Eau Clair, Wis., for an increase of power from 1,000 to 5,000 watts, and KOAC. Corvallis, Ore., for a similar increase Alert, Picture Industry MOTION PICTURE DAILY First in VOL. 44. NO. 121 NEW YORK, WEDNESDAY, DECEMBER 21, 1938 TEN CENTS ota Law Hit By Commons As Damaging Hampers Industry, Head of Trade Board Is Told London, Dec. 20. — Members of the House of Commons today bombarded Oliver Stanley, president of the Board of Trade, with declarations that the new Films Act was gravely hampering the film industry. The members cited a numerical drop in production, in- dustry unemployment and a shortage of films on the market here. Stanley defended the act as having improved the standards of production, claiming the objective of higher qual- ity is being attained under the law. He said he was aware of the shortage of product, and expressed the hope that the quality improvement would serve to attract new financing. He contended the film decrease was due to outside causes, but did not specify them. 68 Films Registered A total of 68 British features has been registered since April and six others are under consideration. The Films Council is already functioning, Stanley said, and no new commission is contemplated. The council will re- port on its work in a few months. Questioned on the inquiry into Gau- mont British, anticipated some time ago, Stanley said action was suspended partly at the request of stockholders (Continued on page 5) "U" Acquires "Mikado" Universal has acquired the North and South American and Far East distribution rights to the film version of Gilbert & Sullivan's "The Mikado," from General Film Distributors, Lon- don, Universale British associate. Colman Signed for Kellogg Air Show Hollywood, Dec. 20.— Ronald Colman, who has never ap- peared on the radio before, has been signed by the J. Walter Thompson agency for regular appearances on the Kellogg program on the NBC Red, starting Jan. 15. Lawrence Tibbett also has been added to the cast, which already includes Cary Grant and Carole Lombard. Robert Emmett Dolan will conduct the orchestra. Self-Regulation Halted Until Government Acts Chaplin Will Play Two Roles in His First Talking Film Hollywood, Dec. 20. — Charlie Chaplin will play not only his old familiar self, but a new character which will be seen and heard for the first time, in his forthcoming film, scheduled to go into work shortly after the first of the year. The comedian's first all-talking pic- ture, the film is tentatively titled "The Dictator," conceived and written by Chaplin himself. Exclusive of the "Titina" number which Chaplin sang in "Modern Times," the film will mark the first time he will be heard on the screen. Schaefer Elected To MPPDA Board George J. Schaefer, RKO chief ex- ecutive, was elected to the M.P.P.D.A. board at a quarterly meeting of the organization's directors yesterday. Schaefer succeeds Leo Spitz, former head of RKO. Board received a formal report on the decision of all major distributors to withdraw from Italy Dec. 31, when E.N. I.C., the Government-controlled film distributing monopoly, begins op- erations. Companies took the position that enforcement of the Italian film decree breaches their existing con- tracts in Italy. Will H. Hays reported to the board on preparations in Hollywood for compilation of two feature pictures depicting highlights of American his- tory for exhibition at the New York and San Francisco World's Fairs next year. Material for the pictures will be selected from more than 2,000,000 feet of available film, comprising 211 features and 24 short subjects, now in the industry's film vaults. A production committee has been designated to select and compile the material in Hollywood. It will be presented in 15 main historical epi- sodes to conform with an outline made by Dr. Tames T. Shotwell of the Car- negie Endowment for International Peace. Some new material will be produced under the direction of Cecil B. DeMille. The Hays board meeting adjourned to Jan. 4. Coast Unions Not Affected By Wage Bill Producers and international studio unions will take the position that union workers employed under terms of the basic agreement with studios are not affected by the Federal Wages and Hours Law, Pat Casey, pro- ducers' labor representative, said yes- terday after his arrival from Holly- wood. This stand, seemingly confirmed following conferences at M. P. P. D. A. headquarters during the day, elimi- nates earlier plans for meetings be- tween company heads and the heads of unions which are signatories of the basic agreement for the purpose of re- vising the pact to conform with the Federal act. Agreements of this kind, arrived at through negotiations with accredited labor representatives, are not nullified by the Federal act. The international unions are taking the same position. No formal ruling on the question in- volved has been made yet by the ad- ministrator of the Federal act, how- ever. The arrangement completes the industry's efforts to conform with the law in all branches affected. Casey will remain in New York for resumption of the conferences on re- employment of musicians in the in- dustry, which are scheduled for Jan. 9. Joseph Schenck on Marcus Loew Board Toroxto, Dec. 20. — Joseph M. Schenck, chairman of the board of 20th Century-Fox, has been elected to the board of Marcus Loew's Theatres, Ltd. He succeeds Alfred Wright, at- torney. Loew's, Inc., has a minority inter- est in Marcus Loew's Theatres, which owns two theatres in Toronto. These are the Young Street, operated by Loew's, and the Uptown, which is op- erated by Famous Players Canadian under a long-term lease. At the annual meeting of the com- pany here, F. M. Kimbark, vice-pres- ident, announced a directors' plan for the liquidation of dividend arrears on the seven per cent preference stock now amounting to $38.50 a share. Trade Practice Program Threatened Unless U. S. Gives Aid Until there is reaction from the Government regarding the tentative trade practice terms which have been submitted for study to the Department of Justice, the industry's self-regula- tion program will remain stymied. Distributors are waiting for the Government's reaction to the prelimi- nary draft before proceeding further. Should the Government take no of- ficial cognizance of the program, self- regulation in the film industry may be- come a dead issue. The indications are definite that no further action is possible until the Government's views shall have been had. Government Has Draft Terms of the tentative draft were presented to the Department of Jus- tice, at the same time that the terms were submitted to exhibitor negotia- tors. But there is only the faintest hope that the Government will give the self-regulation program official notice. That the Government would not do this was indicated in Washington, hardly a week ago. At that time also it was indicated that the Government would not con- sider the self-regulation program in connection with the pending anti-trust suit. The Government looks upon the trade practice program purely as intra-industry. Additionally, the trade practice terms have yet to receive the universal approval of all industry in- terests. In some trade quarters there is definite opposition. Ghetto Film Houses Planned in Germany Ghetto film houses are planned for Jews in Germany, according to newspaper ac- counts. They are to be op- erated by the Jewish Cul- ture League, a Nazi organi- zation which sponsors all Jewish cultural activities and box office revenue is expected to make the League self sup- porting. A limited number of for- eign films and selected Ger- man pictures are planned for the theatres when they open. MOTION PICTURE DAILY Wednesday, December 21, 1938 i Purely Personal ► MADELEINE CARROLL is en route from the Coast and will sail on the Normandie Saturday to jpend New Year's Eve at the Maison de Charite, Paris orphanage, as is her annual custom. Stanton Griffis, chairman of the Paramount executive committee, leaves tomorrow for a Florida vaca- tion. He will be back in New York shortly after New Year's. • Gov. A. Harry Moore of New Jer- sey bought the first ticket for the showing of "Marusia," Ukrainian mu- sical film, which was made in North Plainfield, N. J. • Al Selig has undertaken to write a story based on the F. Donald CosTER-McKesson & Robbins fiasco. Selig's title is "The Man Who Lives Two Lives." • Wolfe Cohen, Canadian district manager for Warners, returns to his Toronto office the end of this week after conferring with Roy Haines. e Katharine Hepburn will have a leading role in the Theatre Guild pro- duction of Philip Barry's new com- edy, "The Philadelphia Story." • Joe Lee and Harry Buxbaum, sales manager and branch manager of RKO, respectively, are due back from the coast Jan. 1. • Marjorie Ford is back from the road tour of "Blossom Time." The revival opens at the 46th Street Thea- tre, Dec. 26. • Joe Vogel, Loew theatre executive, sprained an ankle during a trip with Oscar A. Doob to several eastern cities. • Gaby Morlay and Jacques Erwin, French players, are due tomorrow on the Normandie. • Harry Brandt accompanies his family to Miami today. He will re- main two weeks. THE MERCURY OVERNIGHT TO LOS ANGELES Fly the Southern SUNSHINE route over- night to Los Angeles. Through service. No change of planes. Giant SKYSLEEPERS. Complimentary meals served by. stewardesses. Mercury Southerner Lv. 5:10 p. m. Lv. 9 :10 p. m. (only 3 slops') (.only 5 slops) FOR RESERVATIONS: Call Your Travel Agent or VANderbilt 3-2580. Ticket Offices: 45 Vander- oilt Ave., and Rockefeller Center, 18 W. 49th St. AMERICAN AIRLINES ^ Insiders' Outlook up (YGMALION," the Brit- ish-made picture which went begging for a re- lease until M-G-M paid $150,- 000 for the distribution rights here, may become one of the prize films of 1938. Picture has averaged $2,000 a day at the Astor since its opening Dec. 8, and the daily gross never has fallen below $1,900, at a 65 cents top. Its performance to date com- pares favorably with that of any good Hollywood product which plays Broadway on a grind policy at 55 cents top. Veterans in the Loew's organi- zation are no less surprised at the business being done by the pic- ture than other Broadway ob- servers. "Pygmalion" came to them to sell in pretty much the role of an unknown quantity. Nothing quite like it in "class" or "highbrow" screen material has been made or sold in this country to provide a precedent for selling and exhibiting it. It was a prob- lem Loew's men had to start from scratch on, and they started with some misgivings. What houses would book it ? What type of audience would it appeal to? Could it be sold only to the George Bernard Shaw followers and, if so, would they patronize a grind house? Could it be sold to the masses? On what policy? Loew's started it off at the Astor with a benefit performance or German refugees sponsored by Nicholas M. Schenck, which netted $1,623. The plan was to follow this procedure in other cities ; not selling to exhibitors but leasing a house for the run. Whether "Pygmalion's" healthy performance at the Astor may change all this, remains to be seen. The Gabriel Pascal picture may be something that exhibitors will want. T ▼ Walter Wanger urges complete withdrawal of American films from socalled "dictator nations" rather than submit to their cen- sorship. "The motion picture industry has refused to accept political dictatorship," Wanger said. "During 1938 the American in- dustry has courageously pre- ferred to withdraw its pictures from dictator nations rather than accept censorship of its own high ideals. Dictator nations showed their hand this year. Democ- racies will not cater to them. Neither will the influential and important motion picture indus- try. "The industry must continue its political non-interference pol- icy and help protect the right to liberty for which our forefathers sacrificed so much ; the liberty we have all taken too lightly. We must make more important pic- tures ; more pictures based on modern thoughts, moods and standards. We must support ex- perimental pictures which ad- vance our art. We must give the screen its proper importance and recognition." T T WHN, Loew-owned station here, is studying television pos- sibilities in cooperation with Metro. T ▼ League of N. Y. Theatres, which represents managers of Broadway legitimate plays and theatres, are negotiating a con- tract with the Building Service Employes Union. The League has agreed to recognition, and it is understood an agreement on terms is near. ▼ T "Dawn Patrol" grossed $14,- 100 over Saturday and Sunday in its current runs at the Hollywood and Downtown, Los Angeles, according to official company claims. Figure at the first house was about $1,000 over that for the second on the two days. Per- formance is exceptional in view of heavy rainfall in Los Angeles over the weekend and the pre- holiday tapering off of theatre patronage. Picture was set for a second week at both theatres on the strength of the opening. Erpi Adds Foreign Line Erpi will distribute full lines of projection booth equipment in about 50 foreign territories for American manufacturers after Jan. 1, E. S. Gregg, Erpi foreign manager, said yesterday. The move is being made, Gregg said, to facilitate the purchase of supplies by foreign exhibitors. * Fly United 's DeLuxe * MAINLINERS TO CHICAGO! 8 fast flights daily — all over shortest route! To CHICAGO — 4 hrs., 55 min.! Mainliners are tops in luxury and comfort ! Only United flies the famous deluxe Skylounge Mainliners on non-stop flights — leave 12:15 p.m. or 5 :20 p.m. Low round-trip rates ! Reservations: 58 E. 42nd St., MTJ. 2-7300. Or travel bureaus, hotels. UNITED AIR LINES * The Main Line Airway -k ITO Plans Second Giveaways Confab Further discussion of the nroposed elimination of cash giveaways in the New York metropolitan area will take place next Wednesday at a meeting of the exhibitor committee on give- aways recently appointed by Harry Brandt, president of the I. T. O. A. Additional members who have been asked to serve on the committee are expected to attend. The committe^-at representative of all exhibition Wj? <- ments in Greater New York. This will be the second meeting of the committee. At the first meeting, last week, it was decided to conduct a nationwide survey on the effect of elimination of cash giveaways and also of cities where they have not been used. This survey will shortly be started. The proposed voluntary agreement will be discussed at a meeting of the I. t. O. A. today at the Astor. The organization's trade practice commit- tee is scheduled to report rejection of the first draft of the distributors' pro- posals for a program of self-regula- tion. Vitaphone's Troupe At Sing Sing Today Sing Sing will be entertained this afternoon by the annual show of the Brooklyn Vitaphone studios. The studio contingent will give the per forniance from 4 to 6 P. M. Studio executives making the trip include Sam Sax, in charge ; Lee Stewart Ed Savin, Arthur Leonard and Dick Willis, makeup man. Entertainers include David Men- doza and the Vitaphone orchestra, Red Skelton, Edna Stillwell, Margy Tay- lor, Hal LeRoy, Rosie Moran, Rio Brothers, Evelyn Case, Valentine Vox and others. Warner Managers Leave Ten WarneF theatre zone managers who attended a meeting yesterday at the home office return today to their territories. The meeting was con- ducted by Joseph Bernhard, general manager, with circuit and company executives sitting in. MOTION PICTURE DAILY (.Registered V. S. Patent Office) MARTIN QUIGLEY, Editor-in-Chief and Publisher; SAM SHAIN, Editor; JAMES A. CRON, Advertising Manager. Published daily except Saturday, Sunday and holidays by Quigley Publishing Com- pany, Inc., Martin Quigley, president; Colvin Brown, vice-president and treasurer. Publication office: 1270 Sixth Avenue at Rockefeller Center, New York. Telephone: Circle 7-3100. Cable addresss: "Quigpubco. New York." All contents copyrighted 1938 by Quigley Publishing Company, Inc. Address all correspondence to the New York office. Other Quigley publications: Motion Picture Herald, Better Theatres, Teatro al Dia, International Motion Picture Almanac and Fame. BUREAUS: — Hollywood: Postal Union Life Building, Vine and Yucca Sts. ; Boone Mancall, manager; William R. Weaver, editor. Chicago: 624 S. Michigan Ave., C. B. O'Neill, manager. London: 4 Golden Square, W. 1: cable address, Quigpubco, London; Hope Williams, manager. Entered as second class matter Sept. 23, 1938, at the post office at New York, N. Y., under the act of March 3, 1879. Subscription rates per year $6 in thr Americas and $12 foreign. Single copies 10c. Wednesday, December 21, 1938 MOTION PICTURE DAILY Commons-Wilcox Assail Quota Act (Continued from page 1) who originally sought the inquiry, anc that a decision would be made soon. Herbert Wilcox, at a recent lunch- eon to the trade press, put the blame for the dearth of production in London upon the British quota. According to Vilcox, British banks and financial itutions have been virtually closed the British film industry for two rears. To Wilcox it seems that the British industry will be revived by ar- rangements between British producers and major American companies, sim- ilar to that which he has concluded with RKO. Deplores American Apathy Wilcox also deplored the apathy of American exhibitors to English pic- tures. In this view he was supported by Xed E. Depinet, RKO's distribu- ion chief, who was Wilcox's host at the luncheon. "Sixty Glorious Years," which stars Anna Neagle and was produced by Herbert Wilcox, was not outstanding from the point of the box-office in its run at the Radio City Music Hall. Wilcox believes that the British Empire, due to language con- siderations, offers American producers the best part of the American market, a fact not to be gainsaid by anybody. He also feels that Canada and South Africa, additional to the United States, could do more for British films. National Anthem Idea Spreading All houses in the Five-Boro and Interboro Circuits will introduce the program each day with the playing of "The Star Spangled Banner" prior to the first show. The plan will go into effect as soon as appropriate trailers are ready. Warner Theatres recently instituted the practice of playing the national anthem in all houses of the circuit throughout the country. Famous Players of Canada Shows Gains Toronto, Dec. 20. — According to an interim report of Famous Players Ca- nadian Corp., gross theatre attendance, as reflected in gross revenue of the company, will have a slight margin at the end of the current calendar year as compared with 1937. It is esti- mated that net profit for the year end- ing Dec. 31 will be higher than the $861,646 which was recorded one year ago after payment of all charges, this being equal to S2.10 a share of com- mon stock. Business during 1938 has been spotty. Returns for the first quarter were considerably above those for the same period of 1937 ; the second per- iod was lower and the third quarter of 1938 about broke even with that of the year before, while the final quarter is expected to be well ahead of the last three months of 1937. Some of this gain can be attributed to the Greatest Year campaign of the indus- try. Xo major changes in the physical properties of the Canadian circuit have taken place this year. While several new theatres have been opened and ad- ditional houses secured, others have been closed with the result that the extent of the circuit remains virtually unchanged for 1938. Abandon Daylight Saving Toronto, Dec. 20. — The electorate of Smiths Falls, Ont., has voted to abandon daylight saving starting next year, as the result of a long discus- sion in which the City Council re- ferred the question to the people. 'Angels' 4 Weeks May Hit $170,000 Total estimated receipts for four weeks of "Angels With Dirty Faces" at the Strand is expected to reach $170,000. Fourth week, which ends to- morrow, will probably gross $33,000. "Thanks for the Memory" brought an estimated $24,000 at the Paramount. Lineup for the holiday weekend finds "Artists and Models Abroad" at the Paramount. "Dawn Patrol" at the Strand, "Beachcomber" at the Rivoli, "Sweethearts" at the Capitol, "Ken- tucky" at the Roxy, "A Christmas Carol" at the Music Hall, "Heart of the North" at the Rialto and "Blon- die" at the Criterion. Ohio Theatres Fear Revival of 10% Levy Columbus, O., Dec. 20. — Ohio ex- hibitors are looking forward with some apprehension to what may hap- pen when incoming Governor Davey reconvenes the legislature in extraor- dinary session between Christmas and New Year's. Their fears are con- cerning what may be done about the existing three per cent gross admis- sion tax, part of the general sales tax structure. Xew taxes are inevitable and it is feared that the previous straight 10 per cent impost may be reinstated. Schwartz Is Receiver Creditors of Film Automatic Ma- chine Corp. have been directed to present their claims to Edward Schwartz, receiver, by Federal Judge Guy L. Fake, in the U. S. District Court in Xewark. Schwartz was appointed receiver on petition of Abraham Axelrod, assignee of Har- ran. Inc. Kincey Gives Bonus Of 3 Weeks' Salary Charlotte. Dec. 20. — Herbert F. Kincey, president of X'orth Carolina Theatres, Inc.. has given a Christmas bonus of three weeks' salary to each of the 400 employes of the circuit. A banquet at the Robert E. Lee Hotel was given by Kincey for 150 mana- gers and their wives. Fairbanks, Baillie To Attend UA Meet Loxdox, Dec. 20. — Douglas Fair- banks, Sr., and Sir Adrian Baillie, financial associate of Fairbanks in his new production activities, will sail for X'ew York around Jan. 1 to attend a United Artists producers' conference in Hollywood. Montague Marks, also associated with Fairbanks, is in Holly- wood now and will remain there for the conference, which will be attended by all producers associated with United Artists. In addition, Fairbanks will attend the annual meeting of United Artists stockholders in Hollvwood, Tan. 12. Mary Pickford leaves New York Friday for New Orleans and will go to the coast from there about Jan. 1 to attend the annual meeting of U. A. stockholders. Alexander Korda. Sam- uel Goldwyn and Charles Chaplin, other U. A. owners, are on the coast Para. Cuts Drama School Hollywood. Dec. 20. — Paramount will discontinue its stock company dramatic school on Jan. 12 when Oliver Hinsdell. drama coach, finishes his contract and leaves the studio. In place of the school, Paramount will hire coaches for individual players when needed. Hugh Herbert Injured Hollywood, Dec. 20. — Hugh Her- bert and Frankie Van, a standin, were hurt today in a three-car automobile smash. Injuries were reported as slight. N. J. Allied Meets Today Allied of New Jersey will meet to- morrow at Passaic, in line with the unit's plan to hold one meeting a month in a New Jersey spot. Others are held in Xew York. The Neivsreel Parade President Roosevelt, Ambassador Kennedy, Secretary Hull and Anthony Eden share the neivsreel spotlight in the new issues, out yesterday. Miami open golf tournament and the C. C. M. Y. vs. Oregon basketball game comprise the sports coverage. The reels and their contents follotv: MOVIETONE NEWS, No. ^Nations meet in Lima. Roosevelt at Schrine dedi- cation. Garner in Washington. Kennedy returns home. Berengaria makes last voyage. French student uprising. Society benefit show. Golf tournament. Basket- ball game. NEWS OF THE DAY, No. 227— Coster case. Envoys' children extend greetings. Kennedy back from England. Benefit fashion show. Hull speaks at conference. Golf tournament. C. C. N. Y. wins. PARAMOUNT NEWS. No. 40— Basket- ball games. Roosevelt at memorial cere- mony. Eden visits Al Smith. Gas-proof carriage protects English children. Deco- rate French dolls. Kennedy reports home. Hull speaks at conference. Musica brothers exposed. Holiday cheer in Washington. RKO PATHE NEWS, No. 44— Coster case. Kennedy arrives as Eden leaves. Golf tournament. Roosevelt at Jefferson memorial. French students demonstrate. Unknown Soldiers Tomb ceremony. Pan- American conference. Basketball games. UNIVERSAL NEWSREEL. No. 729- Coster case. Hull speaks at Lima. Ken- nedy returns. Eden sails for England. Soldiers return from Spain. French stu- dents oppose Italians. Ambassadors' chil- dren in Washington. Basketball games. Miami golf tournament. Fine Arts to Make 32 G. N. Features Fine Arts Pictures will contribute 32 features to Grand Xational's cur- rent season's schedule of 36 under an agreement reached yesterday by Earle W. Hammons, Educational-Grand Xational head, and Franklvn Warner, head of Fine Arts. Apparently, arrangement means that Educational will produce no feature. this season for Grand Xational re- lease, as contemplated when the com- pany's schedule of 44 features was an- nounced originally, two months ago. The 32 from Fine Arts are six more than were announced at that time from this company. The remaining four will come from other Grand Xational producers. Patching up of the Fine Arts-Grand Xational rift was accomplished in Hollywood by Loyd Wright, former co-trustee of Grand National, and Warner. The latter agreed several weeks ago to accept an offer from Hammons for Fine Arts' assets when differences between the two brought about the rift. The deal, however, was not consummated. Philadelphia Judge Hits Negro Pickets Philadelphia, Dec. 20.— Members of the X'orth Philadelphia Civic League, a Negro organization, were severely criticized by Judge Alillar to- day for their action in picketing a the- atre which it is alleged resulted in the discharge of three white men. Al- though he denied the three an injunc- tion, Judge Millar told counsel for the Negro group that there was noth- ing to justify them in saying that somebody ought to be discharged be- cause he is white. Murray Diamond, proprietor of the theatre, denied that he had been co- erced by the league into discharging the men, Earl J. Matthews, Charles Dinlocker and Leroy Mundy. Friedman, Rubin on Stand in Loew Suit Leopold Friedman, Loew's secre- tary ; J. Robert Rubin, vice-president, and William L. Keating, of Miller. Donaldson & Co., accountants, were witnesses yesterday in the minority stockholders' suit against Loew's in the N. Y. Supreme Court. Testimony centered around valuation of company. Appeal "Puritan" Ban Albany, Dec. 20.— Board of Re- gents today received notice of appeal from Lenauer International Films on "The Puritan," French film rejected recently by Irwin Esmond, chief film censor of New York State. The film will be screened and the appeal heard in New York City early in January by Susan Brandeis, Gordon Knox Bell and George Rvan. Spitz Off to Chicago, Then Goes to Florida After a fortnight in New York, Leo Spitz leaves today for Chicago, accompanied by Mrs. Spitz. They will likely remain in the Windy City for several days and spend Christmas there, before going to Florida. MOTION PICTURE DAILY Wednesday, December 21, 1938 Reviewing the Latest in Short Subjects "Home on the Rage" (Columbia) Andy Clyde finds his real estate business and his home life complicated by the presence of an ambitious brother-in-law. Some amusing scenes develop when he misunderstands a conversation and believes that poison intended for his dog is meant for him. Running time, 17 mins. "G."* "Province of Quebec" (Columbia) The Old World flavor of Quebec is captured in this color subject. Done in the usual style of travelogues, it in- troduces the cities of Montreal and Quebec and provides a quick glimpse of the surrounding country. Running time, 10 mins. "G."* "Ski Rhythm" (Columbia) Winter sports are back and this timely reel shows some of the world's master skiers in action. One graphic shot catches a party of ski enthusiasts cutting figure eights in the snow. Set in the Alps, the subject should prove attractive. Running time, 10 mins. "G."* "Vyvyan Donner's Fashion Forecast" (20th Century-Fox) Much more than the usual produc- tion effort and value has gone into this short subject with results which mark it above the average in about the same proportion. It is a display of fashions for winter resorts — both north and south — modelled by a se- lected group of 25 professionals, each of whom has been a winner in some beauty or models' contest. Ilka Chase, well known stage actress, does an amusing narration, entertaining as well as descriptive. Natalie Kalmus supervised the color work, which, in itself, is distinctive. Camera work is excellent. The subject well merits separate billing on any program. Running time, 10 mins. "G" "Treacherous Waters" ( Warners) Floyd Gibbons in one of his less exciting_ "True Adventures." Story deals with three youngsters enamored of fishing and railroad engineering. Fishing from a makeshift pier in a river with a swift and treacherous current, two of the boys are plunsred into the water when the pier collapses. A railroad engineer, seeing the acci- dent, brings his train to a halt and rescues one of the lads before getting mired in quicksand. He entreats the other youngster to swim out and rescue the other boy. Follows a shift to the present, and Gibbons intro- duces the hero, now a veteran train engineer. Running time, 10 mins. "G."* 'Swing time in the Movies' ( Warners) Theatregoers and showmen will welcome this color subject. It pokes broad but good-humored fun at Hol- lywood generally, but more particu- larly it satirizes the musical westerns. Fritz Feld plays the part of a screw- ball director with delightful lack of restraint. It is a laugh winner. Plenty of funny action, plus various song and dance numbers. Warner takes smart advantage of its stars by showing them dining in the commis- sary. Crane Wilbur directed. Run- ning time, 18 mins. "G."* "Two Boys and a Dog" (Paramount) A Grantland Rice Sportlight of horseback riding in the west. Two boys, accompanied by their terrier, spend several days camping, making photographs of wild life, killing a coy- ote and ending up at a rodeo. Ted Husing describes and explains the act- tion. Interesting. Running time, 10 mins. "G."* "You're an Education" ( Warners) A "Merrie Melody" cartoon which is set in a travel agency. The char- acters skip from country to country via the travel folders. The color job is excellent and the music provides a tuneful background. Running time, 7 mins. "G."* "Getting Your Money's Worth, No. 2" (Lenauer International) Second of this series, this subject recounts pictorially, the pseudo values put on certain products of popular merchandise, such as face powder, face creams, razor blades, and similar arti- cles. The subject makes the conten- tion that less expensive articles are just as good as those with fancy packages and higher prices. Interest- ing material. Running time, 11 mins. "G."* "A Song Is Born" (Paramount ) To the popular series of swing band shorts, Paramount adds one with an original score. Larry Clinton and his band play four tunes written specially for the film, "Love Doesn't Grow on Trees," 'I Fell Up to Heaven," "Heart and Soul" and "The Devil With the Devil." Ford Leary and Bea Wain sing. _ Should please. Running time, 10 mins. "G"* "Timber Toppers" (20th Century-Fox) Training of thoroughbreds as jump- ers and show horses supplies interest- ing camera material for this subject. Routine of training from first lesson to prize-winning performances in the show ring is pictured, with Ed Thor- gersen's running description making every step understandable to the un- initiated. Photography is exception- ally good. Running time, 11 mins. "G"* "Count Me Out" (Warners) In this "Merrie Melody" cartoon, Elmer, absorbed with puglistic am- bitions, enrolls with a correspondence school for a mail order course in prize fighting. Following a training period Elmer dreams he is fighting the champ, and what happens to him causes him to dump his fighting paraphernalia out the window. It's faintly amusing. Running time, 7 mins. "G."* "Viking Trail" (20th Century-Fox) Norway's fjords, coastal and Arctic Circle scenery, village life and native customs get the attention of the Magic Carpet of Movietone in this addition to the series. The subject is up to the standard of its predecessors in pic- torial charm, photography and narra- tion, by Lowell Thomas, which means that it should prove highly satisfac- tory to the travel-minded everywhere. Running time, 10 mins. "G."* "Gadgeteers" ( / J arncrs) Warren Ashe and his charming sec- retary from musical comedy, Marjorie Stafford (Ford), decide to invest their money in the manufacture of gadgets. Before doing so, they spend 10 hilarious minutes looking over the latest developments. The newest in eating implements, medicine cabinets and automobile tires that print adver- tisements as they roll, engage their attention. Highly entertaining. Run- ning time, 10 mins. "G"* "Frosty Frolics" (Lenauer International ) The delights of winter sports at St. Moritz, Switzerland, are caught by the camera in this subject, which pic- tures effectively skating, skiing and general winter sports. However, the subject contains little that has not been shown before, many times. Run- ning time, 11 mins. "G." "On with the New" (Fleischer-Paramount) Betty Boop finds work in a restau- rant too difficult and obtains a position in a baby nursery. However, the tots provide too much excitement and she is glad to get her old job back. The animation is fast and the action amus- ing. Running time, 7 mins. "G."* "Unusual Occupations L8-3" (Paramount) A roof thatcher, a woman who makes feminine accessories from fish nets, a Mexican metal sculptor, a man who makes crazy quilts from tobacco sacks, and a visit to Madame Tussaud's wax works are included in this issue, done, as usual, in color. Warren William steps in to demonstrate gadgets of his own invention. Should prove attract- ive, especially for the Warren Wil- liam fans. Running time, 11 mins. "G."* "Mutts to You" (Columbia) The Three Stooges operate a dog washing establishment and become in- volved in a kidnapping. A machine which washes the canines will provide some laughs, especially when it is used for babies, and, as a whole, this com- edy reel is amusing. Running time, 18 mins. "G."* "Oh Say, Can You Ski?" (Paramount) Although most ski films emphasize the grace and beauty of skiing, this one shows how it's done. A group of novices set out for Sun Valley, Idaho, where they start a 10-day class to learn the art of skiing. Action "A narration teach the fine points. mS' color is good but the night shots, aTso in color, are outstanding. An unusual item. Running time, 10 mins. "G."* "Dave Apollon and Orch." Warners) A typical musical short subject, with all the implications that go with that classification. A foreword tells the audience that instead of Screeno, a ew game, Bando, will be introduced, and thereafter Apollon's orchestra plays tunes whose titles come up on a spinning wheel. Aunt Jemima and Bobby Graham appear with the or- chestra. Running time, 11 mins. "G."* "Porky the Gob" ( Warners) Leon Schlesinger's stuttering Porky again goes through a series of amus- ing adventures, this time as a sailor on a battle cruiser. On the high seas, Porky's menagerie companions take off by plane to hunt a pirate sub, leaving Porky in sole charge of the ship. Follows a battle scene wherein Porky single-handedly captures the sub. The animation is excellent. Running time, 7 mins. "G."* "Nature's Mimics" ( Warners) An assemblage of oddities present- ing various animals going through their paces. Presentation is in color and the sequences are routine, with seals juggling, bulls racing, monkeys performing in the zoo, etc. A se- quence showing pigeons doing tricks is the most interesting feature in the reel. Running time, 10 mins. "G."* 'Little Moth's Big Flame' (Columbia) In this Color Rhapsody, young Miss Moth is attracted to Mr. Flame. She is enticed into his apartment and while there her wings are singed. When she returns in the early morning hours, her father seeks vengeance. Well done, with exceptionally good use of the color medium. Running time, 8 mins. "G."* "The Washington Parade, No. r (Columbia) Some of the details of the mechanics of government are explained in this interesting and educational subject. Taken on a trip through some sec- tions of the nation's capitol, we see Congress in session, an underground railway, the Lincoln Memorial, Supreme Court Building, Bureau of Standards, the Treasurv and the De- partment of Justice. Running time, 10 mins. "G."* denotes general classification. TUE Never did a single reel tell a more exciting marquee story! All the things all Amer- icans want to know about FDR's house. ..about the seat of government in the great- est of all democracies! The grandest reel of its kind ever made . . . topping the smash appeal of "WASHINGTON, D. C", No. 1 of the series, now plavinql HOUSE A Single Reel Classic! Released January 6 A C B I A PICTURE Story by HARRY NEWMAN Publisher - Editorial Director of "THE JUDGE" Magazine, the man who knows all the ins and outs of Washington! No. 2 in THE WASHINGTON PARADE Series of Shorts! MOTION PICTURE DAILY Hollywood Previews "Going Places" { Warners) Hollywood, Dec. 20. — This is, as advertised, a modern version of "The Hottentot," the play by Victor Mapes and William Collier, Sr., which was a best-selling picture several years ago with Douglas Mac- Lean doing the involuntary steeplechase riding. The present screen- play, altered slightly in behalf of laughs, is by Sig Herzig, Jerry Wald and Maurice Leo, and the present rider is Dick Powell. The story has the advantage of modern technique, narrational as well as mechanical, and the presence of such players as Allen Jenkins, Walter Catlett, Anita Louise, Harold Huber, Ronald Reagan and — most particularly — Louis Armstrong and his trusty trumpet. Maxine Sullivan also appears, but is given little footage in which to swing her stuff. Benjamin Glazer produced this version and Ray Enright directed. They have relied upon individual comedy hits and sequences somewhat more than upon story, but the plot is by no means neglected and the hair- raising steeplechase which is the story's big incident is as headlong and exciting as the hightly successful original, plus music. Music and lyrics are by Harry Warren and Johnny Mercer, outstand- ings among them "Jeepers Creepers," an integral part of the plot and a dis- tinctly whistleable tune. There are three others, including one formal comedy number put across to Hollywood satisfaction by four male prin- cipals. Powell does relatively little singing in the film. "Mutiny in the Nursery" is an opulent production number sung and danced by colored and white principals in alternation. Here and elsewhere dusky, gusty Armstrong is the dominant entertainer. The story, it will be recalled, is about a sporting goods salesman who poses as a famous gentleman jockey and is forced to ride a fractious steed to prove himself. Running time, 85 minutes. "G."* Roscoe Williams. "Charlie Chan in Honolulu" {20th Century-Fox) Hollywood, Dec. 20. — "Charlie Chan in Honolulu" is probably the most important of all the "Chans," oldest of the "series" pictures. It is of uncommon commercial significance because in it Sidney Toler suc- ceeds Warner Oland, creator of the role, and San Yung replaces Keye Luke, who was important in several of the immediately preceding pic- tures. Neither actor, guided by his own sense of things and skillfully directed by H. Bruce Humberstone, attempts to ape the characterizations evolved by his predecessor. Other than the novelty of the two new players, "Charlie Chan in Honolulu," for which Charles Belden prepared the screenplay, follows the established "Chan" formula closely. In substance the story is mys- tery, melodrama and comedy. All action takes place aboard a liner in Honolulu harbor. A man has been killed and Yung, anxious to be a detective himself and to help his father, begins preliminary investigation of the case. His efforts serve to complicate things seriously and to place himself and his younger brother, Layne Tom, Jr., in danger. Toler, who has been awaiting the birth of a grandchild, eventually comes into the case. Then, although he has a multiplicity of suspects before him, and a bewildering array of motives, Toler, through the application of Orien- tal shrewdness and detective acumen, traps the culprit. He, of course, is the one least suspected. The list of suspects includes Phyllis Brooks, John King, Claire Dodd, George Zucco, Robert Barrat, Marc Lawrence and Richard Lane. Spe- cialty comedy is contributed to the piece by Eddie Collins. Running time, 65 minutes. "G."* G. McC. 8 "Angels" Hits Strong $8,800 In Minneapolis Minneapolis, Dec. 20. — Best gross- er in Minneapolis was "Angels With Dirty Faces" at the Orpheum with $8,800. "The Citadel" was good for $6,000 at the State and the "Dracula"- "Frankenstein" combination did a strong $4,200 at the Aster. In St. Paul best business getter was "The Citadel" at the Paramount with $3,500, while again "Dracula"-"Frank- enstein" did well, reaching $3,000 at the Tower. Estimated takings for the week end- ing Dec. 15 : Minneapolis : "Dracula" "Frankenstein" (Univ.) ASTER — (900) (15c-25c) 7 days. Gross: $4,200. (Average, $1,500) "Say It in French" (Para.) CENTURY— (1,600) (25c-40c) 7 days. Gross: $2,600. (Average. $4,000) "Garden of the Moon" (W. B.) GOPHER— (990) (25c) 7 days. Gross: $2,- 300. (Average, $3,000) "Angels With Dirty Faces" (W. B.) ORPHEUM— (2,900) (25c-40c) 7 days. Gross: $8,800. (Average, $4,800) "The Citadel" (M-G-M) STATE— (2,300) (25c-40c) 7 days. Gross: $6,000. (Average, $4,400) "Moonlight Sonata" (Foreign) WORLD— (400) (25-55c) 7 days, 3rd week. Gross: $1,300. (Average, $1,600) St. Paul: "Submarine Patrol" (ZOth-Fox) ORPHEUM— (2,000) (25c-40c) 7 days. Gross: $2,500. (Average, $3,200) "The Citadel" (M-G-M) PARAMOUNT— (2,500) (25c-40c) 7 days. Gross: $3,500. (Average, $4,400) "Hard to Get" (W. B) RIVIERA— (1,000) (25c) 7 days. Gross: $1,800. (Average, $2,400) "Dracula" (Univ.) "Frankenstein" (Univ.) TOWER— (1,000) (25c) 7 days. Gross: $3,000. (Average, $1,600) "The 39 Steps" (G. B.) WORLD— (400) (25c-3Sc) 7 days. Gross: $700. (Average, $700) (CitadeV$20,500 Is Washington Winner Washington, Dec. 20. — "The Cita- del" was the only downtown attrac- tion to take a profit, returning $20,500 at Loew's Palace. Other houses felt the shopping rush and were content to break even on the week. Estimated takings for the week end- ing Dec. 15 : "Dramatic School" (M-G-M) LOEW'S CAPITOL— (3,434) (25c-65c) 7 days. Stage: Collins & Peterson, Boy Foy. Chester Hale Girls. Gross: $14,000. (Aver- age, $16,500) "If I Were King" (Para.) LOEW'S COLUMBIA— (1,243) (25c-40c; 7 days, 2nd week. Gross: $4,200. (Averagt. $4,200) "The Citadel" (U. A.) LOEW'S PALACE— (2,370) (25c-S5c) 7 days. Gross: $20,500. (Average, $11,500) "Little Tough Guys In Society" (Univ.) RKO-KEITH'S— (1,836) (25c-40c) 7 days. Gross: $6,500. (Average, $10,000) "Comet Over Broadway" (W. B.) WARNERS' EARLE — (2,218) (25c-66c) 7 days. Stage: Tom Howard, George Shelton Roxyettes. Gross: $11,800. (Average, $16,000) "Angels With Dirty Faces" (W. B.) WARNERS' METROPOLITAN — (1,591. (25c-40c) 7 days, 2nd week. Gross: $4,100 (Average, $4,000) Form Medical Newsreel Dover, Dec. 20. — Medical Newsreel, Inc., has been formed here to deal in motion pictures with a capital of $25,- 000. D. Tredwell Harrison, Amity- ville, N.. Y., Walter A. Byrnes, Bay- side, N. Y., and Elizabeth T. Crow of New York City are the incorporators. *"G" denotes general classification. Howard in Cincinnati Cincinnati, Dec. 20. — Jack How- ard, president of Scripps-Howard Radio, Inc., is in town conferring with officials of WCPO, Cincinnati Post station. Aley, Exhibitor, III Kansas City, Dec. 20. — M. J. Aley, who owns and operates the Princess, Eureka, Kan., is ill at the Halstead, Kan., hospital following an operation last week. Mrs. Walton KC Censor Kansas City, Dec. 20. — Mrs. Eleanore C. Walton, who has been assistant film, censor for Kansas City, a number of years, has been named censor, succeeding the late Guy Holmes. Para. Signs Miss Angelus Muriel Angelus, English singing actress now on Broadway in "The Boys From Syracuse," has signed a Paramount contract. Wednesday, December 21, 1938 'Angels' in Third Week Tallies Big $5,000, Cleveland Cleveland, Dec. 20. — "Angels With Dirty Faces," playing a third week at the Allen, again held top spot, doing $5,000. Bob Crosby and his "Bobcats" on the RKO Palace stage, coupled with ; "Listen Darling" on the sere; * brought $16,000. V. Weather was perfect. Christmas shopping and free department store attractions for children proved heavy competition. Estimated takings for the week end- ing Dec. 16, 1938 : "Angels With Dirty Faces" (W. B.) ALLEN— (3,000) (30c-35c-42c) 7 days. 3rd week. Gross: $5,000. (Average, $4,000) "Thanks For Everything" (ZOth-Fox) WARNERS' HIPPODROME— (3.800) (30c- 35c -42c) 7 days. Gross: $8,500. (Average. $12,000) "Listen Darling" (M-G-M) RKO PALACE— (3.100) (30c-4_x-55c) 7 days. Stage: Bob Crosby and his "Bob- cats." Gross: $16,000. (Average. $15,000)' "The Cowboy and the Lady" (U. A.) LOEW'S STATE-(3.50O) (30c-35c-42c) 7 days. Gross: $11,000. (Average. $13,000) "Thanks for the Memory" (Para.) LOEW'S STILLMAN— (1,900) (30c-35c- 42c) 7 days. Gross: $2,000. (Average. $4.000 1 'Secrets' $9,700; Holiday Hits K.C. Kansas City, Dec. 20. — Pre-holi- day shopping put skids under grosses for a poor week, though Henry Busse and "Secrets of a Nurse" took $9,700 at the Fox Tower. Weather was cold but clear. Estimated takings for the week end- ing Dec. 14-15 : "Say it in French" (Para.) NEWMAN— (1.900) (25c-35c-55c) 8 days. Stage: National Bam Dance with Lulu Belle. Skyland Scotty. Pat Buttram. Chris- tine Smith, Verne Lee & Mary. Hayloft Dancers. Fiddlers, etc. Gross: $8,200. (Average, $9,000) "Up the River" (20th-Fox) ESQUIRE — (800) (25c-40c) 8 days. Gross: $1,800. (Average, $3,500) "Young Dr. Kildare" (M-G-M) "Cipher Bureau" (G. N.) MIDLAND— (4.000) (2Sc-40c) 7 days. Gross: $8,000. (Average, $11,500) "Angels with Dirty Faces" (W. B.) ORPHEUM— (1,500) (25c-40c) 7 days, 3rd week. Gross: $4,800. (Average, $5,000) "Secrets of a Nurse" (Univ.) FOX TOWER— (2,200) (25c-40c) 7 days. Stage: Henry Busse & Orchestra. Gross: S9.70O. (Average, $7,000) "Up the River" (ZOth-Fox) UPTOWN— (2,000) (25c-40c) 8 days. Gross: $2,300. (Average. $4,500) Carolina Town Plans Censorship of Films Gastonia, N. C, Dec. 20. — City Attorney Ernest R. Warren has been instructed by the City Council to draw up an ordinance forbidding indecent, immoral or salacious vaudeville, stage attractions, films or indecency in any form of entertainment in Gastonia. Councilmen are slated to pass the ordinance at their next meeting in January. The mayor will appoint a board of censors to exercise power over stage and film attractions as soon as the ordinance is passed. Al Bloom Gets GN Post Seattle, Dec. 20. — Al Bloom has been appointed manager of the Grand National exchange here, effective this week. Are YOU geiiing FULL MEASURE for y°ur advertising dollar ? You buy sugar by the pound jjgj. . coal by the lon,^^. . electricity by the kilowatt^). . and if you are wise, you buy advertising space by an equally accurate measure the ABC REPORTS OP TODAY more than ever, successful advertising depends on careful selection of media. To judge a publication's worth without knowing exactly the nature and extent of its circulation, is as unbusinesslike and wasteful as buying coal without a standard of weight. For any publication . . . newspaper, farm paper, business paper, magazine . . . the true measure of advertising value is NET PAID CIRCULATION. How much is there? Where is it? How was it obtained? A. B.C. reports answer these questions completely. They give verified information on the quantity, and an important index of the quality of circulation. Always make A. B.C. reports your starting point in buying advertising space. If you do not have the latest A. B.C. report on any publication in which you may be interested, ask for it. Demand it. Study it. Then, judge soundly how the circulation fits in with your sales program. Our A. B.C. report is ready for all advertisers. Ask for it today! An A. B. C. MOTION PICTURE HERALD A.B.C = Audit Bureau of Circulations = FACTS as a yardstick of advertising value RADIO MOTION PICTURE DAILY Wednesday, December 21, I93S ► Radio Personals < BASIL RATHBONE and Benita Hume will be guests on the "Kraft Music Hall" tomorrow at 10 P. M. on NBC-Red. . . . Ruth Fair, script writer, will be guest of "Quaker Party" on Saturday at 8 P. M. . . . Lew Danis will continue ap- pearances on "Road to Fame" over W'MCA. . . . Dorothy Duncan, radio copy writer for Compton Advertising agency weds George C. Zeller, of Cos- mopolitan Magazine advertising staff, tomorrow. . . . Franchot Tone will be starred on "Kate Smith's Variety Hour" over CBS Dec. 29. Geraldine Farrar will make a short address and sing one of her own com- positions between acts of "Lucia di Lammermoor" over NBC-Red Satur- day at 1 :55 P. M. . . . Richard Bo- nelli, Metropolitan Opera tenor, will be soloist on the "Sunday Evening Hour" on CBS at 9 P. M. . . . Tommy Dorsey will bring a singing octette, "The Pied Pipers" to his program over NBC-Red at 8 :30 P. M. on Dec. 28. . . . Leslie Allen, singer, and Marie Pons, mother of Lily Pons, arrive on the Champlain today. . . . Margaret Brayton celebrates her third year on CBS with Joe Penner this week. . . . "Lum and Abner" expect to appear in the comic strips shortly if negotiations with a newspaper syndicate are suc- cessful. Ethel Barrymore will be heard on the Kate Smith hour over CBS tomorrow at 12 noon. . . . Dickie Moore, from the films, will do a Christmas play with Joe E . Brown over CBS at 7:30 Saturday. Bailey Gives Dinner Cincinnati, Dec. 20. — Approxi- mately 50 radio executives, news- paper editors and trade paper repre- sentatives attended the dinner given by William Bailey at the Netherland Plaza in honor of his recent promo- tion from press relations director of WLW-WSAI to editor of the news- room of the two stations. Gluck in Housing Post Charlotte, N. C, Dec. 20. — Earl Gluck, general manager of WSOC, here, has been named by Mayor B. E. Douglas as a member of the local housing authority. He will serve for a term of four years. Nichols on WQXR Dudley Nichols, former president of the Screen Writers' Guild, will be interviewed by Sidney Kaufman, WQXR film critic, tomorrow at 8 :4S P.M. Subject for discussion is "Films for Democracy." Radio Legislator Albany, Dec. 20. — Sole legis- lator in the east to be listed as a radio announcer and news commentator is State Senator-elect Phelps Phelps, who resides at the Hotel New Yorker and is heard over WMCA. New clerk's manual, just issued by the State of New York, eredits Phelps as an announcer. Reverse English Jim O'Hara, of the N. Y. Daily News composing room, will have the privilege of spelling words backwards when he appears on the "Energine Spelling Bee" over NBC-Red Christmas Day. O'Hara is compelled to read backwards in his work and can spell better that way. Other members of the News' team, which will oppose a group of professional women, will be Robert B. Sullivan, copy reader, Russ Symon- towne, rewrite man and as- sistant city editor, Heizer Wright, copy reader, and Jack Purcell, junior reporter. BBC Anticipates $5,000,000 Gain In 1939 Revenue London. Dec. 20. — British Broad- casting Co. is expected to show an increase of approximately $5,000,000 during 1939, it has been unofficially but authoritatively indicated here. The company, Government-con- trolled, derives its revenue from Treasury deductions from radio li- censes, and money collected by the General Post Office. The Post Office, which levies a license fee of 10 pence on every radio set, in the future will lower the fee to two pence per re- ceiving set. Monopoly Suit Filed Suit charging conspiracy to form a monopoly in the field of manufacture and sale at wholesale of radio receiv- ing sets was filed in the Federal Court yesterday against Majestic Radio & Television Corp., Thomas A. Edison, Inc., and RCA Manufacturing Co.. Inc., by Ralph Holland, owner of two retail stores. Cincy Musicians Elect Cincinnati, Dec. 20. — Oscar F. Hild was reelected president of the Cincinnati Musicians' Association, A. F. of M. Others elected were Joseph Lingar, vice-president ; Volney Hoff- man, secretary ; Charles Joseph, treas- urer. Trustees are : Arthur Boner, Robert Moore, Wilbur Myers, Rob- ert Sidell and George Smith. /. /. Fox on WNEW I. J. Fox has signed with WNEW to sponsor "Milkman's Matinee" one hour daily, five times weekly. Dura- tion is indefinite. W. R. Thorne, Inc., and Motzkin Bros, will participate six days weekly in "Westchester on Parade." Heidt Ends Commercial Horace Heidt and his Brigadiers wind up their series of broadcasts for Stewart- Warner on Sunday but will continue on NBC-Red as a sustaining feature. CBC to Broadcast Xmas Greetings to Canadian Outposts By COLIN R. HAWORTH Montreal, Dec. 20. — Unique in broadcasting the world over, the Canadian Government's "Bringing Christmas to the Frontier" program will be put on again this year to send holiday greetings to residents in the remotest outposts of the Dominion. Each year since 1934 at midnight on Christmas Eve. CBC stations have broadcast messages spoken by rela- tives and friends of residents in the frozen north. About 200 such mes- sages are handled annually. The na- tional network will air the greetings to all listeners. This year's two-hour program is under the direction of Sydney S. Brown of CBL, Toronto. Messages will originate from CJCB. Sydnev ; CFCY. Charlottetown ; CKCW, Moncton; CHSJ, Saint John; CFNB, Fredericton; CBV. Quebec; CBM, Montreal: CBO, Ottawa; CBL, To- ronto; CKOC, Hamilton; CFPL, London; CFCO, Chatham; CKPR, Fort William: CKY, Winnipeg; CKX, Brandon ; CKCK, Regina ; CHAB. Moose Jaw; CFQC, Saska- toon; CKBI. Prince Albert; CFAC, Calgary; CJCA, Edmonton; CBR, Vancouver ; and the CBC Studios, Halifax. Mass. Taxpayers On Yankee Web Program Boston, Dec. 20. — Massachusetts Federation of Taxpayers' Association will sponsor a series of 26 15-minute programs, "What's Happening in Massachusetts," over the Yankee net- work. Bayuk Cigars has renewed "Inside of Sports" for 54 programs. Gillette Safety Razor has renewed participations for 13 weeks in the net- work news service. Hartley's Marmalade has signed for 26 participations in the Gretchen Mc- Alullen program. Series of spot an- nouncements have been taken by Cranberry Canners, I. J. Fox Fur- riers. Penick & Ford, Ltd., and W. H. Graham Corp. FCC Calendar Washington, Dec. 20. — Federal Communications Commission has scheduled a hearing Feb. 8 on the application of the Publix Bamford Theatres, Inc., for a new 1,430-kilo- cvcle. 1,000-watt broadcasting station at Asheville, X. C. Hearings were also ordered held, at dates to be set later, on the applica- tions of WTAR, Norfolk, for increase' of night power from 1,000 to frr? >0 watts ; KFPW, Fort Smith, ArkT*ior increase of day power from 100 to 250 watts, and Southern Oregon Broadcasting Co. for a new 1,310- kilocycle, 100-watt station at Grants Pass, Ore. Three Renewals Set By Colonial Network Boston, Dec. 20. — Four renewals and three series of spot announce- ments have been signed by the Co- lonial Network. Gospel Broadcasting Association will continue to sponsor "Old Fashioned Revival" a one-hour program, during 1939. Aurora Laboratories has renewed "Your Hollywood News Girl" for 78 programs, Lydia E. Pinkham has re- newed "Voice of Experience" for 156 programs, and Prince Macaroni Man- ufacturing Co. will continue for 39 programs. All are 15 minutes. Spot announcements will be made by Peter Paul, Inc.. Mitchell Baking Co. and M. J. Breitenbach Co. Dismiss Aerovox Suit Suit brought by Aerovox Corp., formerly the Aerovox Wireless Corp., against Cosmic Radio Corp. for al- leged infringements of a patent cover- ing improvements on electrolyte has been dismissed in the U. S. District Court by Judge John C. Knox for failure of the plaintiff to prosecute the action. The suit sought a perma- nent injunction, accounting of profits and damages. Barrett Joins WOR Halsey V. Barrett has joined the I WOR sales promotion department. Sues on WOR Name Bamberger Broadcasting Co. has filed suit in the Federal Court here against William W. Orloff for alleged use of the name "WOR Printing Co.," which the plaintiff claims Orloff has no right to use as it conflicts with the radio station's call letters. A perma- nent injunction, accounting of profits and damages are sought. Baer Trial Jan. 10 Trial of the suit brought by Fred E. Baer against International Tele- vision-Radio Corp. and Electric Pat- ent Holding Corp. has been set for Jan. 10 by N. Y. Supreme Court Justice Philip J. McCook. Baer seeks the return of 40,000 shares of International stock. Owings to Attractions Dorsey Owings, formerly with Hearst Radio, Inc., has joined the staff of Radio Attractions, Inc. Owings left Monday for a tour of New England. WHO Pays Xmas Bonus Des Moines, Dec. 20. — Central Broadcasting Co. will pay a Christ- mas bonus to all WHO employes who have been with the company a year or more. The payment is based on a percentage of the yearly salary, with 10 per cent for those employed five years or more, scaling down to five per cent for one year. Three WHN Deals Set Three contracts for spot announce- ments have been signed by WHX with B. C. Remedy Co., Washington State Apples, Inc. and Peter Paul Inc. Reserved for 1940 I Yankton, S. D., Dec. 20.— Robert Tincher, station man- ager of WNAX, Yankton, claims credit for the earliest political reservation for the coming 1940 campaign. R. F. Jermone, of the Dakota Re- publican state central com- mittee, has entered a time order for a half hour be- tween 11:30 and noon, Mon- day, Nov. 4, 1940. Alert, to the Picture Industry MOTION PICTURE DAILY VOL. 44. NO. 122 NEW YORK, THURSDAY, DECEMBER 22, 1938 TEN CENTS s. Studio Fight On NLRB to Highest Court Board to File Complaint In S.W.G. Battle Hollywood, Dec. 21. — Studios will carry the fight against National Labor Relations Board jurisdiction over the industry to the U. S. Supreme Court, as a result of the Screen Writers' Guild battle for recognition as col- lective bargaining agency. The next step will be by the N. L. R. B. in Washington, which will issue complaints against the studios charging failure to bargain collectively. This is expected to take the action out of the hands of the local N. L. R. B. office, carrying the juris- dictional fight to the Ninth District Court of Appeals and then, on ap- peal, to the U. S. Supreme Court. Decision was made by Dr. Towne Nylander, local N. L. R. B. head, who, upon information from studio attorneys of the fight on the S. W. G. certification as collective bargaining agency, recommended that Washing- ton issue complaints. Leonard Janof- sky, guild attorney, said complaints charging intimidation and coercion of S. W. G. members also will be filed. Kane, Hutchinson, Harley Due Today Six 20th Century-Fox executives arrive today from abroad. The Nor- inandie will bring Walter J. Hutchin- son, director of foreign distribution; Robert T. Kane, chief of the com- pany's British production; F. L. Har- (Continued on page 4) Silver stone to Go West Early in Jan. Maurice Silverstone, oper- ating head of United Artists, is going to California, early in January, for production conferences with U.A.'s pro- ducers. At that time, pre- liminary discussion on the company's new season's prod- uct will get under way. The company's annual shareholders' meeting, sched- uled for Jan. 12, will be held while Silverstone is on the coast. At that time all of the company's principal executives will be in Hollywood and im- portant action is looked for from the company. Decision Seen In Loew Suit Before Jan. 1 Decision in the minority stock- holders' suit against Loew's, Inc., and its officers and directors will be made before the end of the year, N. Y. Su- preme Court Justice Louis A. Valente assured counsel at the trial yesterday. Importance of an early ruling was stressed because of the fact that new employment contracts go into effect on Jan. 1, and the status of the agree- ments will be uncertain until a de- cision is reached. Defense that the time for bringing the suit against those defendants who are California residents had expired was raised at yesterday's session. Ar- nold Cannon, Los Angeles attorney, testified that, under California law, {Continued on page 4) Films, Radio Face Attack When Congress Reconvenes By BERTRAM F. LINZ Washington, Dec. 21. — Congres- sional proponents of motion picture and radio reform are expected to in- troduce the usual quota of bills at the opening of the new session Jan. 3, but may await developments in the Gov- ernment's divorce suit and the Admin- istration and F. C. C. monopoly probes before pressing for considera- tion. Anticipated by the Congressional legislative staff are the usual measures outlawing block booking, amending the copyright laws and repealing the ban on fight films. Also looked for is legislation set- ting up a bureau of fine arts in the Government, a subject on which House and Senate committees held lengthy hearings last session, although the matter got no further than the filing of a favorable report by Representa- tive William I. Sirovich, chairman of the House Patents Committee. Recent developments in Europe also may bring about a revival of agitation (.Continued on page 4) OLSON MAY EASE CALIF. TAX RAP Unger Will Direct Para. Canada Sales; Plan Southern Unit Paramount's Canadian distribution will be brought under home office di- rection with J. J. Unger, eastern division manager, in charge and a new southern sales division will be established under an organizational revision completed yesterday by Neil F. Agnew, vice-president and distribu- tion chief. Unger will have general charge of the entire Canadian division in addi- tion to the eastern division. Six southern exchange territories which are now included in the eastern divi- sion, however, will be withdrawn to form the new southern division. Oscar Morgan will be in charge of the new division and will establish headquar- ters at the home office. Harold F. Wilkes, New Orleans branch mana- ger, succeeds Morgan as district man- ager at Atlanta. The new souther division will include Atlanta, New Orleans, Memphis, Charlotte, Dallas and Oklahoma City. Erman B. Price, in charge of the Jacksonville office, has been nan New Orleans branch manager. Jack- sonville is made a part of the Atlanta exchange territory. Additionally, San Antonio is added to the Dallas ex- change with L. W. McClintock in charge. Floyd Tomes, Dallas brand manager, becomes sales manager of the combined territories. Maine and New Hampshire terri- tory, formerly served by Portland, is combined with the Boston exchange territory. Harold Stevens of the Portland office goes to Indianapolis as branch manager, succeeding the late E. J. Barnard. The Sioux Falls territory is com- bined with the Minneapolis branch. Para. Sues Catlett On AWOL Charge Hollywood, Dec. 21. — First suit in years by a studio to recover damages from an actor for failure to appear for work was filed today when Para- mount started action against Walter Catlett for $8,000 and costs. Complaint charges that Catlett failed to show up Dec. 12. Radio — Page 7 Horse Racing, Gambling Profligacy, However, May Be Hurdle By WILLIAM CROUCH Chicago, Dec. 21. — Governor-elect Cuthbert L. Olson of California today stated that he will consider means for softening the tax burdens of film players, in California. He realizes that the career life of a star is short, al- though earning large pay, and that relief should be considered. However, the Governor, who is en route to Los Angeles, after a visit to the White House and conferences in Washington with Government officials, pointed out that the tax situation is made difficult by the tendency of many in Hollywood who are profligate on horse racing and gambling, so that the money which the State failed to col- lect in taxes would not be saved, any- way. Olson, nevertheless, realizing the difficulties, and despite the state's great need for new funds at the present time, is going to give the matter of tax relief for players special attention. He is appreciative of the aid ren- dered him in his campaign by the film colony and by the newsreels. The Governor-elect is a firm be- liever that the film industry should make more films of an educational na- ture, and he urged putting true Ameri- canism on the screen more frequently. He believes that films in the wrong hands could do untold harm, if made for other than entertainment. In the matter of films versus poli- tics, Olson believes it to be pitiful that while theatres attract large audiences for "inconsequential" and "superficial film entertainment, perhaps a political (Continued on page 4) Seek Theatre Aid On Fair Ballyhoo World's Fair officials want Broadway film theatres to get behind the "Dawn of a New Day" Fair ballyhoo, planned to start New Year's Eve, four months prior to the opening of the Fair. Officials would like the houses to decorate the mar- quees with the perisphere- trylon insignia, play the Fair theme song and show a trailer. On New Year's Day at 10 A.M., formal dedication of the "Dawn of a New Day" will be held at the Music Hall. MOTION PICTURE DAILY Thursday, December 22, 1938 i Purely Personal ► RICHARD A. ROWLAND, ex- ecutive assistant to Edward Small, left Hollywood yesterday on a cross-country tour of U. A. ex- changes to hold previews on "The Duke of West Point." Wolfe Cohen, Canadian district manager for Warners, who has been in New York for conferences, will leave today with Mrs. Cohen on a two-weeks' cruise to Bermuda. • Frank Seltzer, coast publicity head for Hal Roach, arrives in New York today, to remain until after the open- ing of "Topper Takes a Trip" at the Music Hall. • Tyrone Power will arrive in New York today from his South American vacation. He will fly to the coast to resume work on the 20th Century-Fox lot. • Will H. Hays goes to his Sulli- van, Ind., farm tomorrow to spend Christmas. He plans to be back in New York Tuesday. • James Roosevelt, Goldwyn vice- president, is due in New York after the holidays, following a visit to Washington. • Colonel John A. Cooper of M. P. Distributors of Canada is in New York for conferences at M.P.P.D.A. headquarters. • Jean Hersholt will arrive in New York for the holidays Dec. 24 having completed work in a "Mr. Moto" pic- ture. • George Dembow of National Screen Service is due today or tomorrow from the coast. • H. M. Richey of RKO leaves for Detroit tomorrow to spend the Christ- mas holidays. • Sam Dembow, Jr. plans a trip to Florida next month with his family. • Billy Brandt has gone to Florida. AIR SERVICE TO LOS ANGELES! • Board TWA's "Sky Chief" in Newark at 5:10 p.m. ..you're on the Coast 8:24 a.m., after a sound night's sleep in a lux- urious berth. All Skysleepers with sepa- rate lounge and sleeping compartments. TRANSCONTINENTAL & WESTERN AIR, INC. In New York: Phone MU 6-164U 70 East 42nd Street In Los Angeles: Phone Ml 8881 < 540 West 6th Street OR YOUR TRAVEL AGENT u" THE ROUTE OVER THE Insiders' Outlook W \ THEATRE does not sell merchandise nor render ■service. It admits or li- censes its patrons to view the performance. It is not required to grant the privilege to all com- ers, and is free to admit only those it chooses to admit, except that under the Civil Rights Law, it may not make race, creed or color as the basis of exclusion." This was the ruling in a crimi- nal prosecution brought in the N. Y. City Magistrates' Court against Roxy Theatre, Inc., by John S. Zvirin. Zvirin alleged that the house had been guilty of "false and mis- leading advertising" for stating that it admitted patrons up to 1 P. M. for 25 cents and that chil- dren were admitted at all times for IS cents. In dismissing the complaint, City Magistrate Abeles ruled that the section does not apply to theatre advertisements. He declared that Section 421 of the Penal Law refers to merchan- dise or services and that the mo- tion picture house does not sell either. "Admission tickets are not merchandise or securities, but only a convenience the theatre uses between the cashier's stand and the entrance to the theatre proper, instead of following a practice of requiring payment to an entrance usher." Zvirin alleged that he had been on line at 12:15 P. M. and was therefore entitled to be admitted at the lower price. He reached the box-office at one half minute past one o'clock. Further, he charged that when he attempted to pay 15 cents for his 12-year- old daughter he was told she was "too big." Magistrate Abeles held, how- ever, that failure to specify any age in the advertisement left the exhibitor free to decide who was to be admitted at the lower price as each occasion arose at the box- office. By implication, it was fur- ther held that an exhibitor might advertise one price and then, later, change his mind. According to the decision, a "promise" to admit a patron at a lower price during stated hours, is not a "statement of fact" under the meaning of Section 421 which forbids misleading advertise- ments. T T During a discussion of the pro- posed elimination of cash give- aways in the New York metro- politan area, at a meeting of the I.T.O.A. yesterday at the Astor, it was apparent that a majority of the independent exhibitors in the city favor the move. The consensus was that the voluntary ban proposed for all theatres in the city should be given a fair trial. An exhibitor committee representative of all theatre interests is attempting to work out a plan. Operators who have one or two houses and who at previous meetings have been inclined to oppose cash game elimination, expressed approval of the idea at yesterday's meeting. Max A. Cohen, president of New York Allied, was a guest at the meeting. He reported that his organization is on record as op- posed to discarding cash games until independents get a better break in the allotment of runs. Cohen also gave his views on the first draft of the proposed trade practice program. They concided with the opinions of other exhibitors present that the distributors' proposals do not go far enough. T ▼ Idea of injecting a patriotic note into film theatre programs is gaining momentum. The latest circuit to join the parade is Brandt Theatres. The national anthem opens the day's showings at all Brandt houses, and a trail- er showing the Stars and Stripes in color is run before each per- formance. T T Paramount will pay a bonus of one week's salary to all home of- fice employes earning $50 per week or less. Maximum payment, however, will be $40. Bonus will also apply to employes of Para- mount-Broadway Corp. (Para- mount Bldg.) and probably to employes of N. Y. Paramount Theatre. M-G-M and Loew employes are to receive Christmas bonuses not exceeding $50. Those em- ployed a full year, and whose sal- aries do not exceed $100 a week, will get two weeks' salary, but in no event will the bonus be more than $50. Those employed six months will receive one week's salary, the same maximum ap- plying. The bonus, which will total around $300,000, will affect more than 12,000 workers. It applies to employees of theatres, studios and film exchanges throughout the world. ▼ T Warners and Hal Roach are considering "Three Harbours," the Revolutionary War novel by F. van Wyck Mason, as produc- tion material. ▼ T New salary of Adolph Zukor is $2,000 weekly. TheatreChanges PLAN CHICAGO HOUSE Chicago, Deec. 21. — Si Greiver and Rube Levine will build a $200,000- seat theatre in the Melrose Park dis- trict starting in the spring. The new house will seat 900. BUYS IN KANSAS Kansas City, Dfec. 21.— W. P. Huston has reacquired the CrawWd and Kansas at Wichita, Kan., C^f, the Plaza Theatre Co., which has De*en operating the two houses for about a year. LIGHTMAN BUYS HOUSE Memphis, Dec. 21. — M. A. Light- man, president of Malco Theatres, Inc., has purchased the Memphian, operated under lease for several years. The house will be redecorated. SECOND IN MENA, ARK. Mena Park, Dec. 21. — Manager L. E. Gwaltney of the Lyric will open a second theatre here about January 15. W. I. Green, Jr., will be manager of the new house, which will seat about 350. ANOTHER IN CAROLINA Burlington, N. C, Dec. 21. — Con- struction of a new theatre, to seat 800, has been started by J. R. Quails. It will cost approximately $40,000. THE CO-ED UNDER WAY Brevard, N. C, Dec. 21. — Work has started on The Co-Ed, new the- atre. Frank D. Clement and his son, Verne, will operate the 500-seat house. WALSH REMODELING Kansas City, Dec. 21. — Ray Walsh, operator of the Mainstreet at Chanute, Kan., is reseating and re- decorating his theatre. PURCHASE IN GEORGIA Sparta, Ga.. Dec. 21. — John W. Peck, owner of the Rex here and at Eatonton, has purchased the Cherokee at Monroe. FORM VIRGINIA FIRM Newport News, Va., Dec. 21. — Indian River Amusement Corp. cap- italized at $50,000, has been chartered to operate theatres. Julian Gordon is president. MOTION PICTURE DAILY {Registered U. S. Patent Office) MARTIN QUIGLEY, Editor-in-Chief and Publisher: SAM SHAIN, Editor; JAMES A. CRON, Advertising Manager. Published daily except Saturday, Sunday and holidays by Quigley Publishing Com- pany, Inc., Martin Quigley, president: Colvin Brown, vice-president and treasurer. Publication office: 1270 Sixth Avenue at Rockefeller Center, New York. Telephone: Circle 7-3100. Cable addresss: "Quigpubco. New York." All contents copyrighted 1938 by Quigley Publishing Company, Inc. Address all correspondence to the New York office. Other Quigley publications: Motion Picture Herald, Better Theatres, Teatro al Dia, International Motion Picture Almanac and Fame. BUREAUS: — Hollywood: Postal Union Life Building, Vine and Yucca Sts. ; Boone Mancall, manager; William R. Weaver, editor. Chicago: 624 S. Michigan Ave., C. B. O'Neill, manager. London: 4 Golden Square, W. 1: cable address, Quigptibco, London; Hope Williams, manager. Entered as second class matter Sept. 23. 1938, at the post office at New York, N. Y.. under the act of March 3. 1879. Subscription rates per vear $6 in the Americas and $12 foreign. Single copies 10c. KILLER From WARNERS with a bang! MOTION MCTURE DAILY Thursday, December 22, 1938 Decision Seen In Loew Suit by Jan. 1 (Continued from page 1) defendants could not be required to ac- count after two years. 'If sustained, this would affect only the accounting phase of the suit, but would not bar an injunction against the employment agreements from being issued. William R. Donaldson, Loew ac- countant, testified that German com- panies owed Loew's 1,238,000 marks ($496,500) in 1938 as compared with 2,800,000 marks ($1,123,000) in 1937. Total of 30,000,000 lira ($1,572,500) are owed from Italy, of which 17,000,- 000 ($891,000) are due at present. For the purpose of shortening the trial, counsel stipulated that if Win- throp Aldrich, president of Chase Na- tional Bank, and officers and directors of Loew's were called, their testimony would be similar to that already given by the defense. Trial is expected to end today after an hour of rebuttal testimony. Loew's net profit for the first quar- ter ending in November, it is esti- mated, will be on a par with or better than the figure for the comparative period last year. In the first quarter in 1937, Loew's earned $2,917,409. The company will report a net of approximately $10,000,000, after all charges, for the fiscal year ending Aug. 31, last. Films , Radio Face Attack When Congress Reconvenes Variety Club Olson May Ease Calif. Tax Rap (Continued from page 1) meeting down the street should go fee- bly noticed, although there citizens would learn something about their civic duties. There was no comment from him on the consequences of a possible divorce- ment bill in California, were that to be proposed. It is his opinio" that the U. S. actions will determine that kind of situation before it gets to the point of action by state officials. He doesn't approve of block booking because it tends to standardize films in many cases, rather than to offer writers and producers the chance of making the pictures they wish to pro- duce. The motion picture situation was not discussed in his Washington visits, the Governor-elect stated. Rice Shifted at Denver Denver, Dec. 21. — Harold Rice, Fox Intermountain city manager, has been shifted to manager of the Para- mount here. He succeeds Jack Cope- land, who moves to the Aladdin. Sterl- ing Way, Aladdin manager, goes to Laramie as city manager. Para. Shifts McClintock L. W. McClintock, former San Antonio branch manager for Para- mount, has been sent to Dallas. Film Fan Record Arkansas City, Kan., Dec. 21.— A total of 1,700 pictures in six years is the film fan record of Jimmy Farrow, stu- dent at the junior college here. He keeps a record. Big year was 300, just about six every seven days. (Continued from Page 1) for the barring of alien actors, for which Representatives Samuel Dick- stein, chairman of the House Immi- gration Committee, last session sought legislation, which was defeated in his committee by the efforts of the Cali- fornia delegation. Another possibility is the reintro- duction of measures providing for the concentration of all Federal motion pictures activities in one organization to be set up in the Government Print- ing Office, but such a move is being anticipated by the Administration, which is gradually centering its most important film activities in the Na- tional Emergency Council. Pressure for consideration of block booking legislation is seen as depend- ing to great extent upon developments in the Government's New York suit, as well as the success of the distribu- tors in drawing up and adopting a program of conciliation. With world conditions highly unset- tled, pressure for enactment of legis- lation amending the copyright act to permit United States participation in the international copyright convention has materially abated. Bills looking to copyright amendment were introduced last session, but were never given any consideration. Patent legislation, of importance to both the film and radio industries, may be re-introduced, but action on this subject is seen as depending upon the views of the Temporary National Eco- nomic Committee now studying the question of monopoly in industry Members of the committee, following an exposition of the competition stifling purposes to which patents are put in the glass container industry have expressed belief that the patent laws should be amended, but there is a general disposition to deal with all phases of monopoly in one comprehen sive bill rather than to attempt piece meal legislation. In radio, major measures foreseen are those providing for a Congres- sional investigation of the Federal Communications Commission and for establishment of a Government owned and operated transmitter to broadcast internationally to the Latin-American countries. The former is seen as having a good chance of adoption, in view of the con- tinued friction among members of the Communications Commission and the slow progress of the F. C. C.'s monop- oly investigation, which Chairman Frank R. McNinch promised last ses sion would be made if the House re jected proposals for an investigation of his organization. Action on bills providing for a Gov- ernment station, subject of hearings last session, will depend upon Presi dent Roosevelt's attitude on the sub ject. A special committee, headed by McNinch, has been engaged in a study of the question for some months and is expected to file a report at the White House some time in January. Canadian Cities Act To Tax Church Halls Housing Film Shows Toronto, Dec. 21. — Canadian mu- nicipalities in many sections have begun a move to assess and collect property taxes on church halls, club- houses and other hitherto tax exempt organization headquarters in which motion pictures or other entertain- ment open to the public are staged. The move, if successful, will deal a severe blow to non-theatrical com- petition, especially 16mm. motion pic- tures, throughout the Dominion. It has the backing of Canadian exhibitors whose own theatres are taxed heavily in numerous ways. The attempted municipal tax as- sessments against properties provid- ing entertainment, regardless of the ownership of such structures, will be levied for 1939. The municipalities contend that church halls and other structures in which amusement is pro- vided are not places of worship eligible for tax exemption under the Dominion Assessment Act. The move is also aimed at scientific and literary socie- ties which conduct concerts, theatricals and other entertainment in structures which they do not own but which, heretofore, have been tax exempt. Girault Theatres Formed Little Rock, Dec. 21. — Girault Theatres, Inc., ha« been incorporated by H. L. Girault, William P. Woods and J. B. Girault, all of Little Rock. Monogram N. H. Branch Monogram has opened a new branch in New Haven, known as Monogram Pictures, Inc., and with Phil Sherman in charge. Buys 'Lena Rivers' Rights Dallas, Dec. 21. — Sack Amuse- ment Enterprises has acquired na- tional rights to Tiffany's "Lena Rivers," and is re-issuing this Sam Bischoff production under the title of "The Sin of Lena Rivers." Newsreel Theatres Sued M. & L. Hess, Inc., has filed suit in N. Y. Supreme Court against Newsreel Theatres, Inc., for $4,350. The plaintiffs claim real estate broker- age commissions for obtaining a site on 34th St. for the defendant. Lowe Shifts Donaldson Kansas City, Dec. 21. — Ben Don- aldson, who has been with the Nebraska, Omaha, has been named manager of the Star at Hoisington, Kan., by F. L. Lowe. Miss Sherman to WNEW Rosalind Sherman, radio interview- er, has joined the staff of WNEW, and will be heard in a series of inter- views at 1 :45 P. M., Monday through Friday. Aides Honor Ashmann Managers of the Five Boro Circuit presented a gold watch to Maurey L. Ashmann, general manager, at a meet- ing at the Zenith. Cincinnati Cincinnati, Dec. 21. — Joe Oula- han was reelected president, Joe Kolling, secretary, and Ralph Kins- ler, treasurer of the local Variety Club. Arthur Frudenfeld was elected first vice-president, and Jim Grady, second vice-president. Trus- tees are: Mike Greenberg, Joe Goetz, Paul Krieger, Maurice White and Andy Neidenthal. W^se liam Bien, Paul Krieger aSir" Charles McDonald were tied for sixth trustee. This will be decided by postcard ballot. Kansas City Kansas City, Dec. 21. — George Baker, who operates the Rustic, West Yellowstone, Mont., was elected chief barker of the tent here at the annual election. He succeeds R. R. Biechele. Baker served as chief barker in 1934. Finton Jones was named first vice- president and George Harttmann second vice-president. Sam Abend continues as treasurer. Arthur Cole was elected secretary. Earl Jameson, Charley Shafer and Jim Lewis were elected to fill the vacancies in the directorate and will serve with Elmer Rhoden, Blechele, Frank Hensler and the officers. Kane, Hutchinson, Harley Due Today (Continued from page 1) ley, managing director in the United Kingdom, and Ben Miggins, Continen- tal head. James Pattinson, assistant to R. Sutton Dawes, United Kingdom sales manager, arrives on the Manhattan. J. C. Bavetta, managing director in Brazil, is also due, after having flown from Rio de Janeiro to Miami. Edward Cohen, manager in Ecua- dor, will arrive on Monday. Hutchinson is completing a five- month trip to South America, South Africa, Paris and London. Kane will confer with S. R. Kent, president, and will go to the coast for talks with Darryl F. Zanuck on new season's plans. Miggins and Harley also may go to the coast. Krasna Signs Pact As Writer at RKO Hollywood, Dec. 21. — Norman Krasna, who recently resigned as M-G-M associate producer, today signed a contract as writer at R.K.O. His contract stipulates he will work only with director-producers. First producing director with whom he will work is George Stevens. In Pictures! Knoxville, Dec. 21. — Double exploitation of radio and "home town" films are used by Charles (Monk) Hanson and Sam Johnson of WNOX "Midday Merry - Go - Round." When the act is booked into one of the local film houses, cameramen take 16mm. films of street scenes and civic spots and combine them with a reel of WNOX studios, shows and stars. Window cards then play up the "see yourself in pictures" angle. Thursday, December 22, 1938 MOTION PICTURE1 DAI LY 'Cowboy' Dual Fair $2,000; Denver Dives Denver, Dec. 21. — Christmas shop- ping combined with a cold wave and sno-' to put a crimp in grosses here. ^T~--_Jual of "The Cowboy and the Lahy ' and "Strange Faces" at the Rialto was the only bill to do better than average. Estimated takings for the week end- ing Dec. 21 : "Angels With Dirty Faces" (F. N.) ALADDIN— (1,400) (25c-40c) 7 days, after a week at the Denver. Gross: $3,500. (Aver- age, $3,500) "The Shining Hour" (M-G-M) "Annabel Takes a Tour" (RKO) BROADWAY— (1,100) (25c-40c) 7 days, after a week at the Orpheum. Gross: $1,500. (Average, $2,500) "Say It in French" (Para.) DENHAM— (1,750) (25c-35c-40c) 7 days. Gross: $4,200. (Average, $5,500) "Submarine Patrol" (Zftth-Fox) DENVER — (2,525) (25c-35c-50c) 7 days. Stage show. Gross: $7,000. (Average, $8,500) "Dramatic School" (M-G-M) "Law West of Tombstone" (RKO) ORPHEUM— (2,600) (25c-35c-50c) 7 days. Gross: $6,000. (Average, $7,500) "Heart of the North" (W. B.) "Comet Over Broadway" (W. B.) PARAMOUNT— (2,200) (25c-40c) 7 days. Gross: $3,500. (Average, $3,500) "The Cowboy and the Lady" (U. A.) "Strange Faces" (Univ.) RIALTO— (878) (25c -40c) 7 days after a week at each the Denver and Aladdin. Gross: $2,000. (Average, $1,750) 'Heart' $8,500 In Indianapolis Indianapolis, Dec. 21. — With one first run — the Circle — closed for re- decorating, business was only fair here. "The Young in Heart" and "Listen Darling" cracked the calm at Loew's with $8,500. "Road Demon," with Hal Kemp's band on the stage, drew $9,500 at the Lyric. Estimated takings for the week end- ing Dec. 16: "His Exciting Night" (Univ.) "Peck's Bad Boy at the Circus" (RKO) APOLLO— (1,100) (25c-40c) 7 days. Gross: $2,500. (Average, $3,000) "Thanks for Everything" (20th-Fox) "Tarnished Angel" (RKO) INDIANA— (3,200) (25c-40c) 7 days. Gross: $3,000. (Average, $5,000) "The Young in Heart" (U. A.) "Listen Darling" (M-G-M) LOEW'S — (2,800) (25c -40c) 7 days. Gross: $8,500. (Average, $7,000) "Road Demon" (20th-Fox) LYRIC— (2,000) (25c-40c) 7 days. Gross: $9,500. (Average, $8,000) U. A. Theatre Circuit To Reelect Officers Present officers of U. A. Theatre Circuit, Inc., will be reelected at the next board meeting, date for which is to be set. They are : Joseph M. Schenck, president; Lee Shubert and Dennis F. O'Brien, vice-presidents ; William P. Philips, vice-president and treasurer ; Bertram S. Nayfack, sec- retary, and A. M. Georger, comp- troller. Para. Board Meet Today Monthly meeting of the Paramount board of directors will be held today instead of next Thursday, the sched- uled meeting day, to accommodate a number of board members who are leaving town for the holidays. Exhibitors Pledge Help to Refugees Pittsburgh, Dec. 21. — M. P. T. O. of Western Pennsyl- vania has resolved to pledge itself to aid victims of per- secution, and to support the Government in its policy of "maintaining and fostering our traditional democratic in- stitutions." The resolution strongly protested the oppression and mistreatment of minority groups of all religious affilia- tions, and declared Americans "must join all lovers of toler- ance and democracy in pro- test against these atrocities." Legion Approves 13 Of 15 New Pictures National Legion of Decency this week approved 13 of 15 new pictures, 11 for general patronage and two for adults, classed one as objectionable in part, and condemned one. The new films and their classification follow. Class A-l, Unobjectionable for Gen- eral Patronage — "A Christmas Carol," "Duke of West Point," "Fram for Framgang" (Swedish), "Heart of the North," "I Am a Criminal," "Orphans of the Street," "Rio Grande," "Storm Over Bengal," "Swing, Sister, Swing," "Thanks for Everything," "Western Jamboree." Class A-2, Un- objectionable for Adults — "His Excit- ing Night," "Trade Winds." Class B, Objectionable in Part — "Abus de Confiance" (French). Class C, Con- demned— "L'Orage" (French). Si Fabian Deal for Par-Land Group Set Deal whereby the Si Fabian cir- cuit takes over the Par-Land group of eight houses on Staten Island is completed except for signatures. The papers are expected to be signed with- in a week. The deal includes the 2,300-seat Paramount, which is pooled with Par-Land. Acquisition is from the estate of the late Sol Brill. 32,000 Baskets Donated Chicago, Dec. 21. — Checkup today reveals that 32,000 baskets of food were collected yesterday at the third annual film basket party. Finish Nine Films With 44 Shooting Hollywood, Dec. 21. — Forty-four pictures were before the cameras this week, as nine finished and six started. Twenty are being prepared and 77 are being edited. Started were : "Mounted Police No. 1," Columbia; "Fast and Loose," M-G-M ; "Navy Girl," Monogram ; "Code of the Streets," Universal ; "Sweepstakes Winner," "On Trial," Warners. In addition to these, shooting were : "Let Us Live," "First Offender," Co- lumbia; "Wuthering Heights," Gold- wyn; "Ice Follies of 1939," "The Wizard of Oz," "I Take This Wo- man," "Honolulu," "Huckleberry Finn," "Broadway Serenade," "Song of the West," "Women in White," M-G-M ; "Union Pacific," "Midnight," "The Lady's from Kentucky," "I'm from Missouri," "Me and My Gal," "Sweepstakes Millionaire," Para- mount ; "Love Affair," "The Castles," "The Flying Irishman," "The Saint Strikes Back," RKO; "Ridin' the Range," "Dr. Judith Randall," "Pride of the Navy," "The Lone Ranger Rides Again," Republic ; "It's Spring Again," Roach; "Mr. Moto in Porto Rico," "Winner Takes All," 20th Cen- tury-Fox ; "Son of Frankenstein," "You Can't Cheat an Honest Man," "Three Smart Girls Grow Up," Uni- versal ; "Stake Coach," Wanger ; "Dodge City," "Juarez," "Broadway Cavalier," "Torchy Runs for Mayor," "Smashing the Money Ring," War- ners. Those finished were : "Lone Wolf No. 1," Columbia; "Idiot's Delight," M-G-M ; "Santa Fe Bound," Mono- gram ; "Hotel Imperial," Paramount ; "Twelve Crowded Hours," "The Jones Family in Hollywood," "Oklahoma Kid," "Yes, My Darling Daughter" and "Always Leave Them Laughing," Warners. One short subject is shooting at M-G-M and one at RKO. Columbia and RKO each finished one. Fourteen are being prepared. Vaude Returns to Boston Boston, Dec. 21. — Boston again will have vaudeville after four months of complete drought when, on Christ- mas Day, stage acts return to the RKO Keith Boston. Lillian Carmen will head a five-act bill. 5 Quebec Plan to Tax School Films Fought By Protestant Board Montreal, Dec. 21. — Demand for amusement tax on programs shown under the Protestant Education Board's visual education plan has brought reply from the board that it will fight the tax. Protestant schools formed a film library of educational releases and to make the programs more interesting threw in an occasional animated car- toon. To cover cost children were asked to pay five cents and the tax demand was based on the charge to the children. Licensing of the projec- tor by the Department of Labor and penalties for infractions also was de- manded. Catholic committee of the Council of Education has followed the lead of the Protestant group in compiling a film library. Dr. W. P. Percival, Protestant director, claims that a test of 11,000 students showed the film group excelled the non-film group in learning by 33 per cent. Ryder Heads Coast Section of S.M.P.E. Hollywood, Dec. 21. — Loren Ryder, head of the Paramount studio sound department, has been elected presi- dent of the Pacific Coast Section of the Society of Motion Picture Engi- neers for 1939. A. M. Gundelfinger has been elect- ed secretary and Wesley Miller has been named manager for a two-year term. Vaudeville at Rivera Vaudeville gains another recruit when the Rivera, St. Johns Place, Brooklyn, reopens Christmas Day. Sam Cocalis recently took the house over from Randforce. Policy will be vaudeville and films at 40 cents top. Bill for the first four days is the N. T. G. show and following, for four days, will be a program headed by Henny Youngman, Buck & Bubbles and Frances Faye. John Fernkoes will manage the house. It seats 2,300. SWEE.THE (It's the Jeanette MacDonald Nelson Eddy Technicolor Sensation from M-G-M) MOTION PICTURE Thursday, December 22, 1938 'Hardys' Tips Frisco Scale For $19,500 San Francisco, Dec. 21. — "Out West with the Hardys," paired with "Young Dr. Kildare" at the Fox out- drew the competition here with $19,- 500. Only others bettering average were "You Can't Take It With You" get- ting $9,500 at the Orpheum, and "The Cowboy and the Lady," with $7,500 at United Artists. Estimated takings for the week end- ing Dec. 13-16: "Exposed" (Univ.) GOLDEN GATE — (2,850) (35c-40c-5Sc) 7 days. Stage: vaudeville. Gross: $15,000. (Average, $16,000) "The Cowboy and the Lady (U. A.) UNITED ARTISTS — (1,200) (15c-35c-40c- 55c-65c) 7 days, 4th week. Gross: $7,500. (Average, $7,000) "The Citadel" (M-G-M) "Spring Madness" (M-G-M) PARAMOUNT— (2,740) (15c-35c-40c-55c- 75c) 7 days, 2nd week. Gross: $10,500. (Av- erage, $13,000) "You Can't Take It With You" (Col.) ORPHEUM— (2,440) (15c-35c-40c-55c) 7 days, 4th week. Gross: $9,500. (Average, $8,500) "Out West With the Hardys" (M-G-M) "Young Dr. Kildare" (M-G-M) FOX— (5,000) (15c-35c-40c-55c-75c) 7 days. Gross: $19,500. (Average, $17,000) "Angels With Dirty Faces" (W. B.) "Listen Darling" (M-G-M) ST. FRANCIS— (1,400) (15c-35c-40c-55c- 75c) 7 days, 3rd week. Gross: $6,000. (Av- erage, $7,000) "Hard to Get" (W. B.) "Comet Over Broadway" (W. B.) WARFIELD— (2,680) (15c-35c-40c-55c-75c) 7 days. Gross: $11,000. (Average, $13,000) "Moonlight Sonata" (U. A.) CLAY— (400) (15c-35c-40c) 7 days, 7th week. Gross: $1,000. (Average, $1,300) "The Dybbuk" (Geist) LARKIN— (390) (15c-35c-40c) 7 days. Gross: $800. (Average, $1,300) "Angels" $5,300 In Oklahoma Lull Oklahoma City, Dec. 21. — "Angels With Dirty Faces" was the only bill here to show any real activity, as theatres were caught in the pre-holi- day slump. The film did $5,300 at the Midwest. "Up the River" and "Road Demon" at the Liberty bettered par slightly. Weather was warm. Estimated takings for the week end- ing Dec. 14: "The Shining Hour" (M-G-M) CRITERION— (1,500) (25c-35c-40c) 7 days. Gross: $4,500. (Average, $5,200) "Exposed" (Univ.) "Youth Takes a Fling" (Univ.) LIBERTY— (1,200) (20c-25c) 4 days. Gross: $1,700. (Average, $1,800) "Up the River" (20th-Fox) "Road Demon" (20th-Fox) LIBERTY— (1,200) (20c-25c) 3 days. Gross: $800. (Average, $700) "Angels With Dirty Faces" (W. B.) MIDWEST— (1,500) (25c-35c-40c) 7 days. Gross: $5,300. (Average, $4,500) "I Am the Law" (Col.) STATE— (1,100) (20c-25c-40c) 7 days, sec- ond week. Gross: $2,000. (Average, $3,000) "Young Dr. Kildare" (M-G-M) TOWER— (1,000) (25c-35c) 7 days. Gross: $2,500. (Average, $2,500) 20th-Fox Gets "Rapture" Twentieth Century-Fox has closed with Armand Denis Productions, Inc., for distribution of "Dark Rapture" in all foreign countries except Canada. British News Shows Lose London, Dec. 21.— A loss of £1,752 is recorded by Capital and Provincial News Theatres, for the past year. Out Hollywood Way Hollywood, Dec. 21. — David O. Selznick is negotiating for Ronald Colman for the lead in "Rebecca." . . . Gail Patrick has been signed by Republic for the lead of "Wagons Westward." She was borrowed from Paramount . . . Katherine DeMille will play opposite Jack Holt in Dar- mour's "Sabotage," for Columbia re- lease . . . James Ellison draws the lead in RKO's "Picardy Max," which Les Goodwins will direct from a Harold Shumate original screenplay. Cliff Reid is the producer . . . "Racketeers Round-Up," original by the prolific Bernard McConville, has been bought by RKO for George O'Brien. . . . "F. O. B. Detroit," novel by Wessel Smitter, has been purchased by Paramount, which will star Fred MacMurray and Robert Preston. William Welllman will produce and direct. + Robert Montgomery replaces Mel- vyn Douglas in M-G-M's "Fast and Loose." Rosalind Russell is co- starred. Frederick Stephani will produce and Edward Marin will di- rect . . . Paramount has purchased the film rights to the "Oliver Quade — the_ Human Encyclopedia" stories written by Frank Gruber and will star Lynne Overman in them . . . Jerry Factor, nephew of the late Max Factor, has joined his cousin's advertising and publicity agency, the Ted H. Factor agency, as an account executive . . . Margaret Lindsay, John Litel, Janet Chapman, Hedda Harrigan and James Stephenson draw the leading roles in Warners' "The Woman in Shadows," formerly called "The Strickland Case" . . . Universal will star Jackie Cooper in a remake of "Tom Brown of Culver," made in 1932 with Tom Brown in the title role. Casting — Harry Carey to "Code of the Streets," Universal . . . Regis Toomey, Sidney Blackmer and Holmes Herbert in "Sabotage," for- merly "The Enemy Within," Dar- mour-Columbia . . . Edward Ellis to "Wagons Westward," Republic . . . Bob Sherwood, radio announcer, to "Always Leave Them Laughing," Warners . . . Henry O'Neill, Ed- ward Norris and Larry Williams to "On Trial," Warners . . . Richard Barthelmess has been given a lead- ing role in "Plane No. 4," Columbia. . . . Ann Morriss to "Four Girls in White," M-G-M . . . June Storey gets the feminine lead in Republic's "Ridin' the Range" . . . Lyle Talbot and Maurice Murphy to "Forged Passport," Republic. Hollywood Preview "Tom Sawyer, Detective (Paramount) Hollywood, Dec. 21. — Mark Twain's millions of readers, young and old, will find in "Tom Sawyer, Detective," 64 minutes of homespun en- tertainment and heart throbs. Though not given expensive mounting, the picture is nonetheless acceptable. It presents Billy Cook and Donald O'Connor in the respective roles of "Tom" and "Huck" and they do entirely creditable jobs as the lovable rogues. Supporting them are Porter Hall, Philip Warren, Janet Waldo, Elisa- beth Risdon, William Haade, Edward J. Pawley, Clem Bevans, Raymond Hatton, Howard Mitchell, Stanley Price, Harry Worth, Clara Blandick, Si Jenks, Etta McDaniel and Oscar Smith. Lewis Foster, Robert Yost and Stuart Anthony wrote the screenplay, making the most of the situations. Louis King directed the Edward T. Lowe production. Pawley, angered because of Hall's refusal to permit him to marry his daughter, embarks on a campaign of villification. A murder is com- mitted and Pawley switches identity of the body to that of his half-wit brother, and Hall is blamed for the crime. Billy Cook and Donald O'Connor, by doing a bit of graveyard sleuthing, expose the criminals in a tense courtroom scene. Running time, 64 minutes. "G." Vance King *"G" denotes general classification. Harpster Is Warner Ohio District Head Mansfield, O., Dec. 21. — Changes in the Warner manager setup include promotion of Frank P. Harpster from city manager here to district manager in charge of Mansfield, Sandusky, Lorain and Coshocton, O. William V. Dworski, manager of the local Madison, becomes city man- ager, and will be replaced by Gratton Johnson, of the Sigma, at Lima. James Skelley, assistant manager of Warner's Ohio, at Canton, will have charge of the Lima house. K. C. Theatre Bankrupt Kansas City, Dec. 21. — The Kan- sas City Junior Orpheum Co. has filed a voluntary petition in bankruptcy in Federal District Court here. The company, of which Alex E. Reoch is president, owns the Mainstreet, down- town first run house which RKO left several months ago to occupy the Orpheum. W. B. Signs Fay Bainter Hollywood, Dec. 21. — Fay Bainter has signed a new Warner contract calling for three pictures annually. Labor News N.H. UNION NAMES O'CONNELL New Haven, Dec. 21. — John O'Connell has been elected president of Local 74 of the I.A.T.S.E. for the coming year, with Charles McBride, vice-president, Dan Cummings, busi- ness agent, Robert Watson, secretary, and Sam Wasserman, treasurer. ORDERS CENSOR RULINPst; Columbus, Dec. 21. — Judge JoSfeph D. Barnes, of the District Court of Appeals, has ordered the Ohio censor to accept or reject before Jan. 7, the short subject, "Millions of Us," for showing at labor gatherings, which has been held up since Nov. 20, 1937. HARTFORD IA BALL SET Hartford, Dec. 21. — The annual ball for the benefit of I.A.T.S.E. sick fund will be held at the Hotel Bond on Jan. 27, with dancing, vaudeville and other entertatinment. ELECT IN HARRISBURG Harrisburg, Dec. 21. — Lawrence J. Katz has been reelected president of the operators union here, Local 488. Other officers are: H. H. Gladfelter, vice-president; M. C. Miller, record- ing secretary; P. F. Patterson, finan- cial secretary-treasurer ; Samuel Rubin, business agent OPERATORS AID NEEDY Projectionists' Square Club, consist- ing of members of operators' Local 306, is distributing 100 Christmas din- ners to needy members of the theatri- cal crafts, including Local 306, mu- sicians' Local 802, cameramen's Local 52, stagehands' Locals 1 and 4, Jewish and Catholic Actors' guilds and the N. V. A. Pincus D. Herbst is presi- dent of the club. Warners, Stanley Reelect All Officers Directors of Warners and Stanley Co. of America, theatre subsidiary, yesterday reelected all officers at an- nual meeting. Harry M. Warner is president of the parent company ; Albert and Jack L. Warner, Sam E. Morris, Herman Starr, Stanleigh P. Friedman, Joseph H. Hazen, vice-presidents ; Albert W arner, treasurer ; Samuel Carlisle, W. Stewart McDonald, Cyril H. Wilder, assistant treasurers ; Robert W. Perkins, secretary and general counsel ; Harold S. Bareford, Edward K. Hessberg, Roy Obringer, Herbert Freston, assistant secretaries ; Sam- uel Carlisle, comptroller; Thomas J. Martin, auditor. Resume Scale in K. C. Kansas City, Dec. 21. — After ex- perimenting several months with a 25-35-55-cent price schedule, the Fox Tower, first run combination house here, has returned to its former 25c- 40-cent policy. The house will con- tinue to feature vaudeville and first run films. Warners Plan New Series Hollywood, Dec. 21. — Warners plans a series of films on the subject, "What the Constitution Means to You." Bryan Foy will produce the series, but he is undecided whether to vnake it short subject or feature length. MOTION PICTURE DAILY RADIO (! i Thursday, December 22, 1938 ► Radio Personals 4 H p\R- ARTHUR RODZINSKI t ends his series as guest conduct- or of the NBC Symphony Or- \. chestra on Dec. 31. . . . Paul White- , man will give a press rehearsal at Carnegie Hall at 2 P. M. today in preparation for his Christmas Night 'verIC3n , ftoPed ye,ars atthe-p'- r?,raya/ of ihe t3Ve A°Pcd for * W°U,d somf thr,/'8, tAe /au^ter and°. 3 v'Wd Scre^e Zr 8 fast ever «*dy to °rps of ct e Stasl'ghting 7 °see Don't £ word is men ents SPOT with LOUIS HAYWARD • TOM BROWN RICHARD CARLSON JOAN FONTAINE • ALAN CURTIS Dirtcud by ALFRED E. GREEN . Oripnol •crtcn play by GEORGE BRUCE ftefeostd thru UNITED ARTISTS BIGGEST PR E-H O LI D AY BUSINESS IN FOUR YEARS AT RADIO CITY MUSIC HALL ", , .. ANP BROADWAY'S TOP MONEY PICTURE" Alert, tion Picture Industry MOTION PICTURE DAILY VOL. 44. NO. 123 NEW YORK, FRIDAY, DECEMBER 23, 1938 TEN CENTS &>uth Africa Is Enjoying Huge Building Boom 20th-Fox, UA Distribute Directly There By AL FINESTONE South Africa theatre construction is booming, with 33 houses to be com- pleted or nearly so by next March. This was reported by Walter J. Hutchinson, director of 20th Ceritury- Fox foreign distribution, who arrived yesterday on the N ormandie after a five-month trip during which he sur- veyed the South American and South African markets. He was met upon arrival by Sidney R. Kent, president. Within a year and a half, Hutchinson expects that there will be a total of 60 new houses in South Africa served by 20th Century-Fox and United Ar- tists. 20th Century was the first to distribute directly in that part of the world. United Artists expects to join 20th Century in Johannesburg in February. Met Arthur Kelly Hutchinson and Arthur W Kelly, U. A. foreign head, conferred in Jo- hannesburg. Kelly is now in London and is expected here next month. The new theatres will give South Africa a third group, the other two being M-G-M and Consolidated (S. African). While M-G-M has its own distributing system and is a theatre (Continued on page 8) Broadway Gets Ready For Holiday Business Broadway houses are hanging their holly decorations and preparing for the holiday business. Last week's bus- iness suffered from the usual seasonal slump. "Duke of West Point" at Music Hall finished with an estimated $61,000, considered fairly strong for this week. "Pygmalion" continued to draw at the Astor with $15,000 esti- mated for its second week. "Thanks for Everything," at the Roxy attracted an estimated $24,500, and "Out West With the Hardys" at the Capitol, did an estimated $21,000. Both were sec- ond week holdovers. "Angels With Dirty Faces" wound up a four week run at the Strand with $33,000, estimated. At the Rialto, "Cipher Bureau" drew an estimated $5,000 "Secrets of a Nurse" grossed $4,500, at the Globe. Radio — Page 8 Shirley Temple Is Voted Biggest 1938 Money Star Lubitsch to Direct Garbo for Metro Hollywood, Dec. 22.— Ernst Lubitsch will direct Greta Garbo's next picture, "Ni- notchka," for M-G-M. This will be his first assignment as a producer for Metro. He also will produce "Shop Around the Corner" for Metro in which James Stewart and Margaret Sullavan will be starred. Lawyers Laud Judge As Loew Trial Ends At the conclusion of the Loew trial, yesterday, Emil K. Ellis, plaintiffs' attorney, told Justice Louis A. Va- lente, "I can truthfully say that we all like you.-" Justice Valente peered over the bench and replied, "I hope you feel the same way about it after my decision." "In his expression of thanks to the court, I find myself in agreement with Mr. Ellis for the first time during the {Continued on page 2) Clark Gable Shirley Temple Hollywood Is Just Another American Town for Xmas By ROSCOE WILLIAMS Hollywood, Dec. 22. — 'Tis the week before Christmas and if the rain that's been coming down steadily for seven days and nights were snow, Holly- wood would be a scenic double for Binghamton, Billings or Baraboo. Rain or shine, it is identical twin to each of them and to every other plain American community in every essen- tial particular of its approach to Dec. 25. The single spectacular thing about Hollywood's Christmas is that it's not going to be spectacular. Man will not bite dog, even for the newsreels. It's Nobody's Business Plagued by resident correspondents of the fan press and pestered by col- umnists with voracious spaces to feed, the studio publicity men have duti- fully furnished the great American reader with itemized accounts of the holiday goings and comings of the marquee personalities. It's a part of Clark Gable Second in Annual Herald Poll Of Nation's Exhibitors; Gene Autry First Among Western Players The exhibitors of the United States have voted Shirley Temple, nine years old, the biggest Money Making Star of 1938, in the annual poll conducted by Motion Picture Herald and Fame to determine the 10 play- ers who "drew the greatest number of patrons to your theatre" during the season from Sept. 1, 1937, to Sept. 1, 1938. For the fourth suc- cessive season the child star has captured the top rating of the nation's exhibitors. Following Shirley, these nine players were adjudged by ex- hibitors sufficiently powerful magnets at the box-office to rate in the first 10 classification : Clark Gable, second ; Sonja Henie, third ; Mickey Rooney, fourth ; Spencer Tracy, fifth ; Robert Taylor, sixth ; Myrna Loy, seventh ; Jane Withers, eighth ; Alice Faye, ninth, and Tyrone Power, tenth. More than 200 players in all received mention from the country's show- men, but young Shirley and Gable held commanding leads over the the rest when the tabulations were made. The separate poll for western play- ers resulted in the selection of Gene Autry as the Money Making Western Star of 1938, a place he also won in the 1937 annual poll of exhibitors. Following Autry were : William Boyd, Second ; Buck Jones, third ; George O'Brien, fourth; Three Mes- quiteers, fifth ; Charles Starrett, sixth ; Bob Steele, seventh ; Smith Ballew, eighth ; Tex Ritter, ninth, and Dick Foran, tenth. 32 Western Players In all, 32 other western players re- ceived votes from exhibitors, and thereby won honorable mention listing in the poll's results. Behind the leading 10 in the regular feature rating, are designated 15 others as Honor Stars. Following in the order of their ranking by exhibi- tor ballot, they include : Gary Cooper. Wallace Beery, Bing Crosby, Jeanette MacDonald, Deanna Durbin, Don their job, so they do it, but they don't like it. There prevails in this strangest of all towns and among these not-so- strange people a firm belief that even the famous have a right to observe Christmas unobserved. The great, the near-great and the humble of Hol- lywood are going to do just that, and, to quote the chief dispenser of quotes for one of the largest studios literal- ly, "It's nobody's damned business." When all of the much that is wrong with Hollywood has been written up in the text books, the Hollywood man- ner of spending Christmas will not be among the chapter headings. Ac- tually, and not at all newsworthily as film news is adjudged by the copy desk, Hollywood is guilty of Christ- niaslike behavior in the first degree. Your reporter has before him the names of 139 ranking executives, com- (Continued on page 7} (Continued on page 7) MERRY XMAS Motion Picture Daily will not publish Monday, which is Christmas Day. MOTION PICTURE DAILY Friday, December 23, 1938 i Purely Personal ► «< pviNTy" Doyle's guest stars for LJ his stage show at Loew's State during this week include Lew Lehr, Fred Allen, Eddie Cantor, Sheila Barrett, Phil Baker, Connie Bos- well, Kate Smith, Paul White- man and Ted Collins. Each will ap- pear at one performance. • Joseph Bernhard, general manager of Warner theatres, woh has been ill, is now recuperating. Harry Goldberg, advertising and publicity head, who has been ill, may return to his desk on Tuesday. • Iz Weiner, Columbia exchange manager in Omaha; Harry J. Shu- mow, M-G-M chief there, and Joe Scott, 20th Century-Fox branch man- ager there, celebrated wedding anni- versaries this week. • James Stewart arrived by plane from the Metro studio yesterday, and left immediately for Pittsburgh to spend the holidays before returning west. • Milton Bren, executive of the Hal Roach studios, is in New York. With him is Frank Seltzer, coast publicity director for the studios. • Felipe Mier of Mexico City, dis- tributor for Simplex and National Theatre Supply Co. products, is in town on a visit. • J. E. Robin, head of J. E. Robin, Inc., exporters, has returned from a three-month tour of South America. • Lillian Da Costa, secretary to Al Wilkie at Paramount, is vacationing in Florida. • John Garfield, Warner player, has returned to the coast studio for work in "Juarez." • Claude R. Collins, formerly with Pathe News, is now newsreel contact for the World's Fair. • Jaque Catelain, French film play- er, arrives today on the Normandie. • Harry Arthur is in town from St Louis. 'Window Shopping" Will Open Tonight Openings of legitimate plays are starting again, now that the pre-holi day off season is over. Tonight, "Win- dow Shopping," a story by Louis E Shecter and Norman Clark, opens at the Longacre. Production is by Tom Kilpatrick and included in the cast are George Sidney, Gerta Rozan Philip Huston, Ruth Lee, Solly Ward and others. Also for tonight is another edi tion of Lew Leslie's "Blackbirds" at the 44th St. Theatre. Nat N. Dorf man, the press agent, provided the dialogue and the songs are by John Mercer, Rube Bloom, Dorothy Sachs Louis Haber, Vic Mizzy and Irving Taylor. The all-Negro cast includes Lena Home, Hamtree Harrington Dewey Markham, Tim Moore, Bobby- Evans and others. Last night "Outward Bound" was revived at the Playhouse. Insiders' Outlook UNDER Nelson Eddy's new- contract with M-G-M, the star must make two films annually for that company. T ▼ New York lawyers have as their Santa Claus this year the Government anti-trust suit. The lineup of legal talent such as is now engaged in prelimi- nary maneuvers and conferences is seldom seen in one piece of litigation. Even for New Y'ork, which has seen titans battle be- fore, it is impressive. Reorgani- zation of Paramount and RKO, and the William Fox litigation, too, brought leading lights of the Bar together, but the group was small compared to the Govern- ment suit. Fees for these barristers gen- erally run between $100 and $200 per hour for office work by senior partners, while work by juniors and clerks generally is charged at a rate between $10 and $50. Trial work and out of town conferences come higher, sometimes running to $2,500 per day. What makes this case more unusual, is that on this occasion thev are all on the same side of the fence. In addition to the reg- ular staffs, a separate organiza- tion has been set up in the Hays office where the work is central- ized. ▼ Estimates of total fees to be charged are, of course, wholly speculative, but a glance through the following list opens the way for considerable conjecture. For the Paramount group, Simpson, Thacher & Bartlett; 20th Century-Fox. Dwight. Har- ris, Koegef & Caskey; RKO. Donovan, Leisure, Newton & Lombard, and company counsel ; Loew's, Davis, Polk, Wardell. Gardiner & Reed, and J. Robert Rubin ; Warners, Robert W. Perkins ; Universal, Chadbourne. Hunt, Jaeckel & Brown ; United Artists, O'Brien, Driscoll & Raftery : Columbia, Schwartz & Frohlich ; Chase National Bank. Mudge, Stern, Williams & Tuck- er. In addition, Goldwater & Flynn appear for K.A.O., Mal- comb Kingsberg and Leon Gold- berg. T ▼ Selznick International em- ployes receiving less than $75 weekly will receive a Christmas bonus. Designate Cities for Meetings of K.M.T.A. Kansas City, Dec. 22. — Five -egional meetings will be held by the Kansas-Missouri Theatres Association in Kansas the week of Jan. 9 to dis- cuss legislative and other mutual prob- lems. The meetings will be held at Topeka, Salina, Stockton, Pratt and Independence. The following week four meetings will be held in Western Missouri : Kansas City, Joplin, Sedalia and prob- ably Marysville, one a dav beginnine Jan. 16. Lawyers Laud Judge As Loew Trial Ends {Continued from page 1) trial," Joseph M. Proskauer, defense attorney quipped. Decision was reserved yesterday by Justice Valente after both sides completed their case in the minority stockholders' suit. Attorneys were given until Dec. 29 to submit briefs, and an early decision was assured b Justice Valente. Yesterday's hearing was devoted to the reading of addi tional depositions. The Newsreel Parade Nezvsreel cameras focus on light subjects here and abroad for the new issues. Congressmen arriving in Washington, fashions, a radio-con- trolled boat, and events in China, Pal- estine, Russia and France are in- cluded. The reels 'and their contents folloiv : MOVIETONE NEWS. NO. 30.— Russia celebrates anniversary. Japanese in China. Alabama Governor grants paroles. Bathing suit fashions. Lew Lehr. Resume of 1938 sports champions. NEWS OF THE DAY. NO. 228— Air raids in China. Palestine prays for peace. Actors speak on Americanism. Austrian refugees arrive in France. Radio-controlled boat. Fashions in swim suits. Tips for house wives. Racing roosters. French troops in Alps. Horse racing. PARAMOUNT NEWS, NO. 41— Seattle dog mart. Congressmen in Washington. Charity dance. Sammy Snead in Florida. Turkey celebrates anniversary. Count of Paris has fifth child. Coster case. Confer ence in Lima. News agency moves. Skiing. RKO PATHE NEWS. NO. 45— Con gressmen inspect Capital. Convicts pa- roled in Alabama. Japs shut China's trade. Georgia Coleman in comeback Styles in evening gowns. Movie Quiz contest nears close. U. S. S. R. celebrates anniversary. UNIVERSAL NEWSREEL. NO. 730— Peace conference. Steel mill workers re- turn. Break ground for new subway in Chicago. Aviation anniversary in N. C. Bus overturns in Illinois. Radio-controlled boat. Christmas party in Florida. Rededi- cation broadcast in Hollywood. Tropical Park opens. Racing roosters. Pact Draft Approved By UMPTO Bd. of Penn., N.J. and Del. Philadelphia, Dec. 22. — First draft of the proposed trade practice pro- gram as submitted by the distributors' committee has been approved in prin- ciple by the board of managers of the United Motion Picture Theatre Own- ers of Eastern Pennsylvania, South- ern New Jersey and Delaware, The board declared the draft \_~x a step forward but not a complete solution of all exhibitors' problems. It was pointed out that while the or- ganization regards the benefits to be derived as "small," the proposals rep- resent concessions never before given exhibitors. The vote of approval contained the recommendation that instead of the program becoming effective with 1939- '40 contracts, it be made to apply immeditely. The board went on record against the proposed municipal tax on film footage, either in the form of a di- rect tax or a three per cent sales levy. Lewen Pizor, president, and George P. Aarons, secretary, regis- tered the organization's objections to fhe proposed tax at a hearing today before the City Council's finance com- mittee. The U.M.P.T.O. was instru- mental in defeating- a similar proposal last year. Exhibitors were called upon to play the national anthem at all perform- ances, in a resolution passed by the board. Pizor's suggestion that thea- tres hold "tin can" matinees for the needy during the holiday season was endorsed. Shouse on Committee Cincinnati, Dec. 22. — James D. Shouse, vice-president of Crosley Corp., in charge of broadcasting, has been selected to serve on a special representative committee to make ar- rangements for the Centennial Banquet of the Chamber of Commerce, Jan. 11. A.B.P. Sets Dividend London. Dec. 22. — Associated Brit- ish Pictures Corp. has declared an interim dividend of 10 per cent on the ordinarv shares for the vear, ending March," 1939. MOTION PICTURE DAILY (Registered U. S. Patent Office) MARTIN QUIGLEY. Editor-in-Chief and Publisher: SAM SHAIN. Editor; JAMES A. CRON. Advertising Manager. Published daily except Saturday. Sunday and holidays by Quigley Publishing Com- pany, Inc.. Martin Quigley. president; Colvin Brown, vice-president and treasurer. Publication office: 1270 Sixth Avenue at Rockefeller Center. New York. Telephone: Circle 7-3100. Cable addresss: "Quigpubco. New York." All contents copyrighted 1938 by Quigley Publishing Company. Inc. Address all correspondence to the New York office. Other Quigley publications: Motion Picture Herald. Better Theatres. Teatro al Dia. International Motion Picture Almanac and Fame. BUREAUS: — Hollyu-ood: Postal Union Life Building. Vine and Yucca Sts.: Boone Mancall. manager: William R. Weaver, editor. Chicago : 624 S. Michigan Ave., C. B. O'Neill, manager. London: 4 Golden Square, W. 1: cable address, Quigpubco, London: Hope Williams, manager. Entered as second class matter Sept. 23, 1938. at the post office at New York. N. under the act of March 3, 1879. Subscription rates per year $6 in the Americas and S12 foreign. Single copies 10c SWEETHE RTS for NEW YE RS ii JEANETTE MacDONALD • NELSON EDDY in Victor Herbert's "SWEETHEARTS" • In Technicolor • With Frank Morgan • Ray Bolger • Florence Rice • Mischa Auer • Herman Bing • Reginald Gardiner • Screen Play by Dorothy Parker and Alan Campbell • Directed by W. S. Van Dyke II • Produced by Hunt Stromberg • A Metro-Goldwyn-Mayer Picture BEST WISHES FROM THE FRIENDLY COMPANY IISI 1939! (Enjoy the holidays with a realization thatM-G-M' s hit parade goes merrily on! And with its popular entertainments M-G-M sends heartfelt seasonal greetings of its organization to friends the world over!) 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H si «b=5 -, O to «> ■S.2 hMn_/J § t O s S ^ a • s'g go fa O CO J» 8 > h CO CJ (ffl « S O-o CO >> 0 « 1 ° Z «3 If cd ^ O w o - - ^ — n i-5 fa ■M c'-5 a a < Cowboy and the Lady (G) (C) Cooper Oberon Trade Winds Fredric March Joan Bennett Duke of West Point (G) (D) Louis Hayard Joan Fontaine 20TH-FOX Sharpshooters (G) (D) Brian Donlevy Lynn Bari (916) Submarine Patrol (G) (D) Richard Green Nancy Kelly Preston Foster (909) Road Demon (G) (D) Henry Arthur Joan Valerie Henry Armetta (918) Up the River (G) (C) Tony Martin Phyllis Brooks Down on the Farm (G) (C) Jones Family (920) Thanks for Everything (G) (C) Menjou (917) Kentucky (G) (D) Loretta Young Richard Greene (923) While New York Sleeps (G) (D) Michael Whalen (922) Tail Spin Alice Faye Constance Bennett (925) Charlie Chan in Honolulu (G) (D) Sidney Toler RKO RADIO Law West of Tombstone (G) (O) Harry Carey Jean Rouverol (909) Peck's Bad Boy at the Circus Tom Kelly (G) (C) Next Time I Marry Lucille Ball James Ellison (910) Pacific Liner McLaglcn Chester Morris Wendy Barrie The Great Man Votes John Barrymorc Peter Holden Boy Slaves Anne Shirley Roger Daniels REPUBLIC Storm Over Bengal (G) (D) Patric Knowles Rochelle Hudson Santa Fe Stampede (G) (O) Orphans of the Street Come On, Rangers (G) (O) Roy Rogers Mary Hart Western Jamboree (O) Gene Autry Smiley Burnette Red River Range 3 Mesquiteers Shine On, Harvest Moon Roy Rogers Mary Hart Federal Man Hunt Livingston Travis Fighting Thoroughbreds Ralph Byrd Mary Carlisle Robert Allen Mysterious Miss X Michael Whalen Mary Hart PARA. Thanks for the Memory (G) (C) Bob Hope Shirley Ross (3811) Say It in French (813) Arrest Bulldog Drummond Little Orphan Annie (G) (C) Ann Gillis Robert Kent (3814) Ride a Crooked Mile (G) (D) Farmer Tamiroff (3815) The Frontiersman (G) (O) William Boyd (3856) Tom Sawyer, Detective (G) (D) (3816) Artists and Models Abroad Jack Benny Joan Bennett (3817) King of Chinatown Anna May Wong Tamiroff Colbert Marshall Bert Lahr Disbarred Gail Patrick Otto Krnger MONOGRAM Gun Packer (O) Jack Randall Gang Bullets Anne Nagel (G) (D) — — Song of the Buckaroo (O) Tex Ritter I Am a Criminal (G) (D) John Carroll Mary Kornman Wild Horse Canyon (O) Jack Randall Tough Kid Frankie Darro Convict's Code Anne Nagel Robert Kent M-G-M The Shining Hour (A) (D) Crawford Sullavan Douglas Out West with the Hardys (G) (D) Lewis Stone Mickey Rooney Flirting with Fate (G) (C) | ' particular plav on it. The Nervs gave it a one-column display ; the Herald-Tribune carried it on page two for less than a column : the World-Telegram carried a small piece on its back page. The Mirror and the J ournal- American did not carry a line on the story. The Times. as far as can be learned, did not carry the statement, or a news line about it. President Miller's statement said that it was the dutv of broadcasters to cancel talks _ inciting hatreds, and that the arousing of racial bigotry is "not to be tolerated" by broad- casters. Friday, December 23, 1938 Theatre Building Boom in S. Africa (Continued from page 1) competitor to Consolidated, the two collaborate. Six theatres among the newer group are completed. These are the 1,200- seat 20th Century in Durban, one in Bloamfontain, another in Germiston and three in Johannesburg suburbs, including Orange Grove. Except for the new theatre y£~.;efh is to be built in Johannesburg, V^./fh Century-Fox will have no investment in any of these houses sponsored by independent groups. The company, however, has $200,000 invested in the Johannesburg house, which will seat 2,100 and cost approximately $1,000,- 000. Construction is expected to start in March and opening is planned for late in 1939. Hutchinson is unable to estimate what his company may expect to gross in South Africa, since its effort in that market is still in the pioneering stage. He paid tribute to Otto Bolle for his work in opening the field and encouraging the building of new houses. Toured South America Prior to sailing for South Africa, Hutchinson spent several weeks tour- ing South American branches. He reports the situation unchanged, with the exception that the demand for Spanish language films in the smaller towns continues a serious problem to American distributors. Another prob- lem is official aggressiveness in Ar- gentina, which, however, is not pe- culiarly a film problem but involves all trade and that country's pressure to obtain markets for its products. French films have been given some encouragement in Argentina. Generally, 20th Century-Fox foreign business is just ahead of last year and could have shown a considerably greater increase were it not for the currency exchange situation Hutchin- son said. From eight to ten films will be made in England by 20th Century-Fox through the arrangement it recently concluded with the Gainsborough stu- dios at Islington. Gainsborough is a subsidiary of Gaumont British. For this season 20th Century-Fox had a schedule of seven British films. Kane Arrives Robert T. Kane, managing director of Twentieth Century Productions, ar- rived yesterday on the Normandie. On the same boat were Ben Miggins, Continental manager, and Francis L. Harlev, managing director in the Uni- ted Kingdom, who are here for con- ferences. Kane said the program will involve an expenditure of $5,000,000. Several of the films will be designed for world release. Kane formerly headed 20th Century-Fox production in England. Under the new setup, he will work in liaison with the studios in an adminis- trative capacity, with Maurice Osterer and Edward Black supervising produc- tion. Details of the program will be set in conferences with S. R. Kent, presi- dent, and Darryl F. Zanuck. 'Nancy Drew' Budget Up Hollywood, Dec. 22. — Following renortedlv favorable reception of "Nancv Drew, Detective," Warners todav increased the budgets for the remainder of the series. "Nancy Drew. Reporter," second of the group, j has just been comoleted. CO NOT Alert, Picture Industry MOTION PICTURE DAILY m l 44. NO. 124 NEW YORK, TUESDAY, DECEMBER 27, 1938 TEN CENTS NBC Billings Set Record at $40,000,000 CBS Gross $27,000,000; Mutual, $3,000,000 Network radio enjoyed its greatest prosperity during 1938, with NBC's gross billings for the year estimated at more than $40,000,000, Mutual ac- counting for slightly under $3,000,000, and the CBS gross for the year amounting to more than $27,000,000. NBC's figure is the highest in all network history. The company's cumulative 11 -month total amounts to $37,575,607, and the December billings will boost the company's gross beyond the $40,000,000 mark, based on De- cember expectations. Last Decem- Additional developments in radio on page 8. ber NBC's billings for the month were more than $3,000,000, and this Decem- ber the gross is expected to surpass the December, 1937, total by almost $1,000,000, according to estimate. NBC's gross income for 1938 has been estimated by Mark Woods, treasurer, at $38,432,170. This figure ; represents the official gross income of I the company. In arriving at the gross income figures, discounts as well as company revenue from sources other than time sales are taken into account. Mutual's gross billings for 1938 are estimated at $2,932,955, which will represent an increase of over 30 per cent for 1938 for this network. Mu- tual's December billings will amount to approximately $327,000, it is esti- mated. The CBS gross for 1938 is esti- mated at $27,343,337, which, com- pared to the 1937 total of $28,722,118, will represent a decline of 4.8 per cent for Columbia. The total for the first 11 months of 1938 amounts to $24,816,337, with the total for De- cember expected to amount to $2,527,000. Milder Heads Group Sailing for Europe Among those listed as sailing on the Normandie yesterday were : Max Milder, Warners' managing director in K the United Kingdom ; William Skir- ball, Cleveland exhibitor and brother of Jack Skirball of Grand National ; Joseph Somlo of General Film Dis- tributors, London ; Madeleine Carroll, who is going to France ; Louis Drey- fus, president, Crawford Music Corp. ; Clifford and Mrs. Fischer, Henry Sherek and James M. Cain. 13 B'way Houses Back Fair Drive World's Fair officials say that 13 Broadway film thea- tres have been lined up to cooperate in "The Dawn of a New Day" exploitation for the Fair, starting New Year's Eve. Virtually all first runs and several second runs are included in the list. Exploi- tation will include dressing ushers and other attendants in the Fair colors, orange and blue, decorations for mar- quees and lobby displays. The Fair is lining up additional theatres. May Waive $50,000 Tax Penalty, Mayor Informs Distributors Mayor La Guardia has indicated to major distribution companies, follow- ing a series of hearings, that the penalty provisions amounting to al- most $50,000 for non-payment of the two per cent city sales tax will be waived if an agreement on interest on the deferred payments can be reached with the city comptroller. Conferences on the amount of inter- est for the 18 months' period during which distributors withheld sales tax payments on the theory that films were exempt from the tax are now under way between city officials and counsel for the distributors. Indica- tions are that the Mayor's decision that penalties should not be assessed may save the companies around $50,- 000. Interest, however, may amount to almost as much. An agreement is expected this week. Hart Goes to Coast On Production Code Vincent G. Hart left for Hollywood over the weekend to spend three months in the Production Code Ad- ministration headquarters there. His assignment is in line with the policy of rotating members between the east- ern and west coast offices to further a uniform interpretation of the Pro- duction Code. Hart will undertake further efforts to extend Production Code service to foreign producers on his return to New York in April. Eastern office of the Production Code reviews for- eign films and has been making a continuous effort to advise foreign producers of code regulations and in- terpretations in advance of produc- tion, rather than to be placed in the position of having to request dele- tions in a finished picture. INDEPENDENTS LED IN '38 HOUSE BUYS Work Is Resumed On New Erpi Pact Studio attorneys are again working on the new Erpi recording license agreements in Hollywood after an interlude of almost two years. Practical phases of the agreements were concluded in the summer of 1936 and placed in effect at that time with reductions in recording fees of almost one-third the former rate. The agree- ments, however, were not formally concluded at that time due to a suc- cession of interruptions which re- quired the attention of producers' at- torneys elsewhere. The agreements are for eight years, retroactive to June 1, 1936, and ex- pire in 1944. The new rates brought Erpi recording fees to the same level as RCA Photophone's and eliminated foreign recording and dubbing charges. Rate per reel is based on the cost of individual films, but retains the $100,- 000 Erpi annual minimum guarantee. Indemnity clause of the agreement is all that remains to be decided to complete the pact. When the coast attorneys have concluded this work the agreements will be sent here for li- censee signatures. Columbia Will Open Campaign on Jan. 9 Columbia's annual sales campaign will be launched Jan. 9 and will con- tinue through March 18. The 10- week sales drive will be devoted to the company's salesmen and bookers this year, a departure from the prece- dent which ordinarily finds the annual drive dedicated to one of the home office executives. The drive will be dubbed "Co- lumbia's Personal Achievement Cam- paign." About a dozen of the com- pany's most important features of the current season will be released dur- ing its span. Among them are "Plane No. 4" (tentative) with Cary Grant and Jean Arthur : "Let Us Live" (ten- tative) with Henry Fonda and Maureen O'Sullivan ; "There's That Woman Again," with Melvyn Douglas and Virginia Bruce ; "Coast Guard," "Old Mrs. Leonard and Her Machine Guns," "The Lone Wolf's Daughter," with Warren William and Ida Lu- pino : "First Offenders," with Walter Abel, Iris Meredith and Johnny Downs : "Blondie Steps Out," "Homi- cide Bureau," "The Thundering West" and "Frontiers of '49." Special short subjects are planned for production and release. Acquired 360 in Year to 3,830; Affiliated Gain 50 There has been greater expansion of independent circuits in 1938 than of affiliated circuits. The ratio was about seven to one. Final figures for the year probably will show an aggre- gate of 3,830 independent circuit thea- tres. This is a rise of 360 houses over the total in 1937, which was 3,470. Affiliated circuits indicate a gain of approximately 50 theatres, which brings the aggregate number of af- filiated circuits in the country to 2,400. In these figures four or more thea- tres are regarded circuit-wise, and from it there is to be gathered that there are 9,000 theatres which are in open operation in the country, under independent auspices. Paramount Bought 40 Most interesting is the fact that of the affiliated circuits the company which expanded most is Paramount. That company, through affiliates, naturally, acquired an additional 40 theatres. Paramount's theatres are operated on a decentralized basis through partnerships and management participation arrangements. There was only one theatre, apparently, ac- quired by Loew's during 1938. How- ever, Fox West Coast (National) added seven. Warners acquired six new houses. The only affiliated circuit to finish the year with fewer houses than in 1937 was RKO. This company winds up its 1938 calendar with three houses less than the number it operat- ed the previous year. Paramount's principal acquisitions were through the Malco Circuit (Ten- nessee, Mississippi and Arkansas) ; Butterfield (Michipan-Ohio) ; Sparks (Florida) and Blank (Iowa-Ne- braska) . The Griffith Circuit of Texas, Oklahoma and New Mexico, among the independent circuits, has led in (Continued on page 4) Stoll Theatres Show Gain in '38 Balance London, Dec. 26.— Stoll Theatres Corp. show a balance of £114,485 ($572,425) in their profit and loss ac- count as compared with £109,659 ($548,295) the previous year. Stoll Theatres Corp., is a property owning organization whose policy is the realization of properties in which it is interested. MOTION PICTURE DAILY Tuesday, December 27, 1938 i Purely Personal ► CHARLES SKOURAS, Fox West Coast head, sails Jan. 7 on the Conte di Savoia for his first visit to Greece since leaving his native land many years ago. He will be accom- panied by Mrs. Skouras and their daughter. • Countess Keller, producer of World Windows, color shorts released by United Artists, sailed for London yesterday on the Normandie. • Mary Pickford left for New Or- leans over the weekend and goes to Hollywood from there for the United Artists annual stockholders' meeting Jan. 12. She is due back in New York around the end of January. • Frank K. Speidell, president of Eastern Service Studios and Audio Productions, Inc., will be at Sea Island, Ga., over the holidays. • R. F. Chapman, Audio Productions director, has been appointed executive assistant to Charles L. Glett, vice- president of Eastern Service Studios. • R. M. Copeland, Des Moines Para- mount exchange manager, and Slater O'Hare, Paramount salesman, are spending a two-week vacation in town. • Frederick L. Herron, M.P.P.D.A. foreign head, returns to New York tomorrow from a holiday visit in In- diana. • Norman Alley of Universal News- reel has returned to the coast via TWA. • Paulette Goddard, accompanied by her mother, arrived from abroad on Friday on the Europa. • Gene Murphy of Loew's theatre department has gone to Chicago. • Will H. Hays returns to New York from Sullivan, Ind., tomorrow. Open Resort Theatre Montreal, Dec. 26— Class first run theatre opened here over the weekend to serve the winter sports clientele at Domaine Desterel, St. Marguerite. Domaine, a leading Lau- rentian Mountain resort, is owned by Baron Empain, Belgian financier. The new theatre, seating 300, will use American and European features and shorts and will operate nights and weekend matinees. MITCHELL MAY, Jr. CO., INC. • INSURANCE Specializing in requirements of the Motion Picture Industry 75 Maiden Lane, New York 510 W. 6th St. Los Angeles Insiders' Outlook M-G-M next month will launch a new series of one-column, semi-insti- tutional ads to be called "The Lion's Roar," to run regularly for a year in five national maga- zines, McCall's, Pictorial Review and Red Book, monthlies, and Look and Liberty, weeklies. The company has appropriated $15,000 a month for the ads, with Donahue & Coe as . the agency. The column has been running as part of full-page ads in the fan magazines for the past two months. T T Walter Huston has no film plans. "What plans are there to make?" he asks. "I am still in 'Knickerbocker Holiday' and there's no telling how long it will run." Asked if there have been any discussions about making his hit play as a film, Huston said there might have been, but the process might be a difficult one, as the film makers probably would have to take out the political angle and inject a "boy meets girl" angle. "Which," Huston added, "has been done before." He has received offers to re- turn to Hollywood, Huston said, but it's no deal as long as his present vehicle on Broadway- continues to draw. ▼ ▼ A pre-Christmas opening day record Was set at the Rialto, Louisville, by "Kentucky," new 20th Century-Fox film. The first day's business was $1,075, big for this time of year. "Al- exander's Ragtime Band" and "In Old Chicago" garnered more on opening day there, but both pictures started their runs on holidays and earlier in the year. ▼ T Donahue & Coe, advertising- agency, has distributed Christ- mas bonuses of one week's salary to all employes. T ▼ A film, titled "Health and Hap- piness," will be made in Montreal under the auspices of the Pro- vincial Committee for the Pre- vention of Tuberculosis, with the aim of enlightening the public on the disease. It is planned to show the pic- ture in every theatre, parochial school, college and convent in the Province of Quebec. The scenario was written by Robert Choquette and Cine Craft Studio will pro- duce. Running about 2,000 feet, the film is expected to be com- pleted by March. T ▼ Sidney Samuelson may head the new Allied unit in Phila- delphia to be known as Allied Independent Theatre Owners of Eastern Pennsylvania. Organi- zation of this unit may be com- pleted by Jan. 1, at which time formal announcement may be made. T T Lynn Farnol entertained United Artists executives and members of the firm's advertising and pub- licity department, at a Christ- mas luncheon at Tony's, Friday. Among those who attended were James Mulvey, Emanuel Silver- stone, Lowell Calvert, Harry Kosiner, J. J. Milstein, Harry Gold, Monroe Greenthal, Ben Washer, Betty Goldsmith, Fay Gillis, Sam Cohen, Lola Wour- sell, Ann Sheritt, Myer Beck, Burt Champion, Arthur Jeffrey, Herbert Jaedicker, Estelle Schrotte, Louise Phesay, David Parry and Grace Fischler. Maurice Silverstone, operating- head of United Artists, was the guest of executives and employes at a Christmas party, held "the same day at the company's New York exchange. T T National Screen Service is producing a series of trailers on patriotic subjects. They were first tested on the Interstate Cir- cuit in Texas. Audience reac- tion prompts the company to make a series. "The Star Spangled Banner" and "The Constitution" are completed. "The Bill of Rights" is in production with others to follow. . T T The Fox in Hutchinson, Kan., has been turned over to the First Methodist Church for use fn hold- ing services while the church building- is being remodeled. RKO Buys Novel As Vehicle for Cantor Hollywood, Dec. 26. — RKO has purchased "The Flying Yorkshire- man," novel by Eric Knight, as a starring vehicle for Eddie Cantor. The comedian has a single picture deal with RKO. Jack Yellen, who recently resigned from 20th Century-Fox, has been signed to write the screenplay for the Cantor film, as his first assignment. George Haight will produce. Warner Sears Sales Drive Is Under Way Warners' third Gradwell L. Sears Drive started Christmas Day. Total of $25,000 in prizes is to be distribut- ed to the winners. The campaign will last 16 weeks. "Dawn Patrol" is the first film re- leased during the drive. Three win- ning districts and their branches will share the prize money. Carl Leser- man is drive coordinator. Nov. Tax Revenue Totals $1,985,127; Gain Over October Washington, Dec. 26. — Reflecting seasonal improvement in theatre at- tendance, admission tax collections in November showed a marked gain over the preceding month, amounting V $1,985,127.78 against $1,596,367, it ^urbi reported by the Internal Revenue Bureau. The month's collections, however, were considerably under those of the corresponding period last year, when they amounted to $2,242,573, although well above both the 1936 collections of $1,605,674 and the 1935 total of $1,866,915, it was said. Failure of business to hold up to the 1937 level further widened the gap between 1937 and 1938 tax collections, bureau figures showed, revenues for the first 11 months of the current year being but $17,640,960 as compared with $18,684,006 in the corresponding period last year. Collections in the Third New York (Broadway) District more than dou- bled in November as compared with the preceding month. Total collections in the district last month were $592,560, against $285,- 506 in October. While still under the 1937 level which was $682,113 in No- vember, the gap between the two years was far less than that of the preced- ing month, which compared with $604,487. Box-office taxes jumped from $247.- 637 in October to $515,698 in Novem- ber, it was stated, but collections from free or reduced rate admissions in- creased from $4,617 to $6,746; on tickets sold by brokers from $4,000 to $26,362; on tickets sold in excess of established prices from nothing to $576; on permanent use or lease of boxes and seats from nothing to $22; and from admissions to roof gardens and cabarets from $29,251 to $43,155. Para. Names Jacobson Hollywood, Dec. 26. — Arthur Jacobson was appointed head of the Paramount talent department follow- ing the resignation today of Ted Les- ser. John Zinn, formerly legal ad- visor, was named business manager of the casting department. MOTION PICTURE DAI LY (Registered U. S. Patent Office) • MARTIN QUIGLEY, Editor-in-Chief and Publisher; SAM SHAIN, Editor; JAMES A. CRON, Advertising Manager. Published daily except Saturday, Sunday and holidays by Quigley Publishing Com- pany, Inc., Martin Quigley, president; Colvin Brown, vice-president and treasurer. Publication office: 1270 Sixth Avenue at Rockefeller Center, New York. Telephone: Circle 7-3100. Cable addresss: "Quigpubco. New York." All contents copyrighted 1938 by Quigley Publishing Company, Inc. Address all correspondence to the New York office. Other Quigley publications: Motion Picture Herald, Better Theatres, Teatro al Dia, International Motion Picture Almanac and Fame. BUREAUS: — Holly-wood: Postal Union Life Building. Vine and Yucca Sts. ; Boone Mancall, manager: William R. Weaver, editor. Chicago: 624 S. Michiean Ave., C. B. O'Neill, manager. London: 4 Golden Square. W. 1: cable address, Quigpubco, London: Hope Williams, manager. Entered as second class matter Sept. 23, 1938, at the post office at New York, N. Y.. under the act of March 3. 1879. Subscription rates per year $6 in the Americas and $12 foreign. Single copies 10c. [f§«ielf*l for the biggest New Year's Show in town! • « f f»P one and only Starring the one JJ1 No. t Funny^Man^!!!!!!- Spring ^oriou,, •*--rB, 10AN BENNETT JO »W « Yumm.Yummm! i She's Luscious.. ^5* She's Lovely.- She s In Paramount ^ - ARTISTS«.»MODBW ABROAD • , f aufih with Fritz u , nd' L««gH with Charley Grapewm L ^ ^ the Fascinating F«h"^ Lanvin. of Patou **■ \ tte Utest and most » mo~- Industry Will Help Finance Film Library Leaders to Foster Project at Modern Museum Not only will filmdom take an ac- tive part in fostering the work and purpose of the Film Library of the Museum of Modern Art, but it will contribute financially toward the main- tenance of the project. This was de- termined recently by leaders of the trade at a meeting. There will be a specific annual con- tribution made to the Film Library, additional to contributions of films. Division of Museums The Film Library is a separate cor- poration, but a division of The Mu- seum of Modern Art. It was founded in May 1935 through a grant of $120,- 000 from the Rockefeller Foundation. This grant has not been exhausted yet, and the Library exists on these I funds. In addition there are occasion- ally small contributions from the trus- tees, and revenue derived from ren- I tals of films. It is a non-profit in- stitution, but hopes some day to be self-supporting on the basis of rental revenue. Although commerical pro- ducers frequently contribute films, the films are never rented to commercial companies. The Library is "an educational in- (Continued on page 4) Silverstone Host to Milton Bren Today Maurice Silverstone, operating head of United Artists, is giving a luncheon in honor of Milton Bren, today, in the Rainbow Room, Rockefeller Cen- ter. Bren is producer of "Topper Takes a Trip," new Hal Roach film which bows in at the Music Hall today. There will be a cocktail party in honor of Bren, at the Music Hall studio, in the afternoon, given by W. G. Van Schmus, managing di- rector of the theatre. Hicks, of Paramount, Will Sail Next Week John Hicks, vice - president in :harge of foreign activities for Par- imount, sails for London on Wednesday. While in England, flicks will get Dave Rose set in the atter's new duties as managing di- •ector in England for Paramount, ■licks probably will be away about ix weeks, two of which he probably vill spend on the continent. Paramount Patrons Vote Goodman Best Paramount Theatre patrons have voted Benny Goodman and his orchestra as the best in bands at the house for the second successive year. Fol- lowing him were Tommy Dor- sey, Sammy Kaye, Guy Lom- bardo and Kay Kyser. Robert M. Weitman, managing direc- tor of the Paramount, will present a trophy to Good- man Jan. 3. Kent Host to Harley, Miggins at Lunch; Lauds Foreign Dept. Sidney R. Kent, president of 20th Century-Fox, was host at a luncheon yesterday at the Union League Club honoring Francis L. Harley, manag- ing director in the United Kingdom, and Ben Miggins, Continental mana- ger, who are visiting here. The luncheon also signalized the return of Walter J. Hutchinson, di- rector of foreign distribution, from a five-month trip to South America, South Africa and Europe. Kent paid tribute to the work of Harley and Miggins and the progress shown by the foreign department. The group of 22 at the luncheon comprised company officers and ex- ecutives. Hutchinson, Harley and Miggins will leave about Jan. 15 for a visit to the studio. Montreal, Dec. 28. — Fears that Quebec will follow other provinces of Canada in barring beer advertising programs from the air are being ex- pressed by industry officials here. General opinion has it that legisla- tion or governmental pressure will permit no beer-selling shows after Additional developments in radio on page 10. March 31. Originally it was ex- pected the ban would come into ef- fect by the first of the year but more recent developments point to an ex- tension, possibly to allow present con- tracts to expire ; during that time, Studios Send Out Back Overtime Pay Under Wages Act Hollywood, Dec. 28. — First pay- ments for accumulated overtime under the retroactive features of the Wages and Hours Act are being made this week to white collar workers in the studios. The move places in effect the decision recently reached at a series of conferences of studio attor- neys and managers over the applica- bility of the Federal law to studio employes. The amount to be paid out is im- possible to estimate because of the bargaining agreements with office em- ployes' associations at various major studios, covering certain classes of workers but excluding others. Payments being made this week will be for time and a half pay for hours worked in excess of 44 in any one week since Oct. 24. Victor Clarke, assistant to Pat Casey, labor contact for the major studios, auditors and studio managers still are attempting to develop a sys- tem for workers whose union agree- ments provide for a longer work week than is called for in the Federal law. RKO Plan Hearing Will Be Held Today Hearing on the proposed plan of reorganization for RKO will be held before Federal Judge William Bondy this afternoon. An application by RCA for permission to file an $18,- 505 tax claim was referred to Judge Bondy for attention by Federal Judge Henry W. Goddard in the U. S. Dis- trict Court yesterday. however, no new contracts will be allowed to be issued for such pro- grams. Though Major Gladstone Murray, head of Canadian Broadcasting Corp., will not confirm this, little doubt of the impending fate of beer programs exists in the local advertising agen- cies. Several breweries are said to be preparing for the stroke, revamp- ing program continuity to trade on the familiarity of the brewer's name without mentioning the product. Quebec is the last stronghold of radio beer ads. Hard liquor publicity has been banned across the country, and one by one the other provinces have dropped beer selling shows. Pro- hibition of such airshows in Quebec (.Continued on page 10) First in and Impartial TEN CENTS Films Will Be Used Chiefly In Television Will Exceed Live Talent, Expert Predicts Not only will films be used chiefly rather than live talent in television but sponsored telecasting will require thrice the cost of ordinary broadcast- ing, in the opinion of William H. Preiss, head of the International Tele- vision Corp. These opinions are con- tained in a letter which Preiss has addressed to Mayhew & Reily, down- town firm. The ITC head indicates in his letter that radio is a most aggressive com- petitor of films, a condition likely to be corrected by the new art. "On occasions," Preiss's letter states, "where some program of uni- versal appeal is put on the air simul- taneously over all the broadcasting stations, there exists a potential pos- sibility of zero attendance at the mo- tion picture theatres, for the duration of that ideal program." Gives Nine Reasons Preiss gives nine reasons for his belief that films rather than live talent will constitute the greater part of tele- vision programs. These are : 1 — Duplicates with sound on film can be made cheaply. 2 — Film duplicates will provide an inexpensive chain system, which will (.Continued on page 4) Thalberg Suit Reply Filed at Wilmington Wilmington, Dec. 28. — The estate of Irving Thalberg today filed answer in Chancery Court here to ligitation against them, Loew's and certain ex- ecutives that excessive compensation is provided under Loew contracts to the detriment of stockholders. Complain- ants are Hana W. Goldstein, Edgar F. Stiner and Louis Susman. It is maintained in the reply that none of the defendants nor Thalberg obtained any personal benefits or prof- its from the contracts except for ser- vices rendered to Loew's. It is further contended in the reply that the Wilmington action is substan- tially the same as suit in New York courts and unless the proceedings are held in abeyance pending outcome of the New York trial the defendants will suffer unnecessary hardships and expense. Former United States Senator Daniel G. Hastings represented the defendants. Quebec Due to Ban Airshows Advertising Beer March 31 MOTION PICTURE DAILY Thursday, December 29, 1938 Insiders' Outlook By SAM SHAIN Holidays Continue To Boom Business 2 i Purely Personal ► Patsy Kelly has returned to Hol- lywood after a vacation in New York. She will start work soon at the Hal Roach studios on a new pic- ture. • Y. Frank Freeman was host at Paramount studio yesterday to the Georgia Tech football team and Coach Alexander. • Hugh Williams will leave for England to appear in a new play after he completes his role in "Wuthering Heights." • Alice Brady has arrived in New York from the coast for a vacation after completing a role in "It's Spring Again." • Howard Dietz has arrived on the coast to line up advertising plans and will return in about two weeks. • Robert T. Kane, head of 20th Cen- tury-Fox production in England, is en route to the coast. • Nicholas M. Schenck, president of M-G-M, will leave shortly for Miami Beach. • Mr. and Mrs. George J. Schaefer are spending the New Year's holiday in Florida. Joseph Bernhard will remain in the Lenox Hill Hospital for another week. • Will H. Hays returned to New York yesterday from Indiana. S. Edwin Graham is now with Meglin-Fanchon & Marco. • Al Krellberg is ill in Mount Sinai Hospital. Louis Nizer is vacationing for a few days. Steve Fitzgibbons is here from Europe. • J. S. MacLeod of M-G-M is travel- ing. FASTEST ROUTE COAST-TO-COAST • TWA has 3 fast coast-to-coast flights daily each way. "Sky Chief" leaves Los Angeles 4:45 p.m., puts you in New York next morning! Skysleepers — with separate lounge and sleeping compartments. Transcontinental & Western Air, Inc. In New York: Phone MU 6-164U 70 East 42nd Street In Los Angeles: Phone Ml 8881 540 West 6th Street OR YOUR TRAVEL AGENT ^ — ^THE ROUTE OVER THE JAMES ROOSEVELT has started on his business career in films, here, as an officer of the Samuel Goldwyn Com- pany. T T You don't have to believe it but the alert Metro publicists claim that an oddity in show bus- iness occurred on Broadway, yesterday, when lines of patrons waiting for Metro shows at six theatres on the Main Stem, merged and formed the outline of Felis Leo, the company trade mark. At the Music Hall, where "Christmas Carol" was the fea- ture, waiting lines reached up to 50th St. to Rockefeller Plaza and from there across to 51st St. and back again to Sixth Ave. "Pyg- malion" patrons at the Astor formed a queue to the corner of 45th St. and half way down the block to Eighth Ave. "Sweet- hearts" fans waited outside the Capitol on Broadway and around to 51st St., while at the State, "Out West with the Hardy s" followers lined the block to the 46th St. corner. "The Citadel" at the Central and "Flirting with Fate" at the Mayfair caused traf- fic congestion in their immediate neighborhoods. T ▼ Puzzle contests and chance games often attract lawsuits. One of the more interesting decisions in this connection which has been rendered was handed down re- cently by the N. Y. Appellate Division, in affirmation of a low- er court decision by N. Y. Su- preme Court Justice Kenneth O'Brien. Elsie Ashwood brought suit against News Syndicate based on a crossword puzzle contest con- ducted by the N. Y. Daily News. She claimed that some of the words in the final solution were incorrect and offered to prove it by dictionaries. Defense counsel pointed to the fact the rules provided that all decisions of the judges were "final." Supreme Court Justice Kenneth O'Brien dismissed the suit before hearing testimony and declared that the plaintiff had no cause of action. Kaltenborn Appears At Newsreel Tonight H. V. Kaltenborn will make a per- sonal appearance tonight at 6 o'clock at the Newsreel Theatre, Rockefeller Center, on the occasion of his debut as a newsreel commentator for Pathe. He will appear in connection with the showing of his first subject for Pathe. "It doesn't make any differ- ence," he ruled, "even if they make a mistake and even if the judges were wrong in the words that were used. They are the final judges and they had abso- lute discretion in a matter like this. Even if they made a mis- take on it, and they were wrong, they have the judgment, they were the judges. As I say, you might go to the fight tonight and you might think that Louis won, and I might think Schmeling won, but you can't sue the judges at the fight. Unless you are pre- pared to prove malice or dishon- esty, I will dismiss." Plaintiff's attorney pressed the court for a further definition by asking, "Even though the correct answer is 'red," if they say the correct answer is 'black ?" Justice O'Brien responded, "Yes, that is the law." T T "March of Time" will produce a feature length film for release on RKO's program, next year. Subject matter is not yet deter- mined. ▼ ▼ "Sweethearts," and three M- G-M shorts, "Sydney — Pride of Australia," "Miracle of Salt Lake" and "The Captain's Christmas," the last named a car- toon, were on the royal program yesterday at Sandringham for Their Majesties, the King and Queen of England. T ▼ Kay Brooks, teacher in the seventh grade in the Brookford School, Hickory, N. C, has this to say about the Movie Quiz, in a letter to Motion Pictures' Greatest Year headquarters : "I wish it were possible to tell you how valuable this contest has been to these children. They have not only seen the pictures checked, but have seen prac- tically all the pictures in the booklet except the five or six that still remain to be shown. They study the advertisements carefully now before deciding which pic- tures they will see. Thanks for this worthwhile contest." ▼ ▼ Theatre crowds are so thick on Broadway that some of the customers complained they got pushed into the wrong theatres. Opens 3 In K.C. Area Kansas City, Dec. 28.— A. M. Strafuss has taken over the Cozy at Ottawa, Kan., from Lee Sproule. John Travis has opened the Tile, 300- seat house, at Deepwater, Mo. Or- ville Conrad has opened the Ritz at Lincoln, Ark., and Lester McCormick the New Majestic at Green Forest, Ark. Out of town visitors and vacationing school children continued to throng Broadway houses yesterday. Most managers along Broadway reported increased business over last year. Cold weather failed to discourage pa- trons who were required to wait out- side the theatres after lobbies fillet A police cordon was thrown arou%L the east side of 50th St. shortly be- fore noon to prevent disturbances in the waiting line at the Music Hall which again reached beyond Rocke- feller Plaza. "A Christmas Carol" attracted an estimated $106,000 to the box-office for the week but was not held. "Topper Takes a Trip" goes in today. "Sweethearts" proved a strong draw at the Capitol where it grossed as estimated $48,000. It continues for a second week. "Heart of the North" did an estimated $8,000 at the Rialto for the week. Another first run house for French films opens today when Cinema 49, formerly the 49th St., starts with "La Vierge Folle." "Grand Illusion" went into its 16th week at the Filmarte. Plan Being Mapped To Halt Giveaways Method of eliminating cash give- aways in the New York metropolitan area and the effective date are to be decided by the exhibitor committee considering the abandonment of such box-office stimulants. The committee hopes to adopt a definite plan in the near future. Mem- bers of the committee met yesterday at the Astor. Additional members re- cently named by Harry Brandt said they agreed with the proposal. There were no dissenting opinions. The next meeting of the committee will be Jan. 11. Meantime the mem- bers will discuss the matter infor- mally among themselves. Associates Meet Jan. 5 Next meeting of the Motion Picture Associates will be held Jan. 5 in the Hotel Lincoln. Nominations of officers will take place. Elections follow on Jan. 12. MOTION PICTURE DAILY {Registered U. S. Patent Office) MARTIN QUIGLEY, Editor-in-Chief and Publisher; SAM SHAIN, Editor; JAMES A. CRON, Advertising Manager. Published daily except Saturday, Sunday and holidays by Quigley Publishing Com- pany, Inc., Martin Quigley, president; Colvin Brown, vice-president and treasurer. Publication office: 1270 Sixth Avenue at Rockefeller Center, New York. Telephone: Circle 7-3100. Cable addresss: "Quigpubco. New York." All contents copyrighted 1938 by Quigley Publishing Company, Inc. Address all correspondence to the New York office. Other Quigley publications : Motion Picture Herald, Better Theatres, Teatro al Dia, International Motion Picture Almanac and Fame. BUREAUS : — ; Hollywood: Postal Union Life Building, Vine and Yucca Sts.; Boone Mancall, manager; William R. Weaver, editor. Chicago: 624 S. Michigan Ave., C. B. O'Neill, manager. London: 4 Golden Square, W. 1: cable address, Quigpubco, London; Hope Williams, manager. Entered as second class matter Sept, 23, 1938, at the post office at New York, N. Y., under the act of March 3, 1879. Subscription rates per year $6 in the Americas and $12 foreign. Single copies 10c It happened with 'Angels'. It happened again with 'Dawn Patrol'. Now it's happened for a third time — a screening-room audience brought to its feet as one man, applauding! Booker, reach for your date book! Grab that phone and make way for THEY MADE ME A CRIMINAL First picture since his electrifying role in "Four Daughters" for JOHN GARFIELD. Plus those six Angels with Dirty Faces, THE DEAD END' KIDS. Also Claude Rains, Ann Sheridan, May Robson, Gloria Dickson WARNER BROS., Producers MOTION PICTURE DAILY Thursday, December 29, 1938 Industry Will Help Finance Film Library (Continued from page 1) stitution which exists for the purpose of collecting and preserving represen- tative motion pictures of all types, as well as of related materials, with the object of making them available for study. It is very selective in films collected, and collects only those which contain some advance or significant item in the motion picture field. At present, there are between 700-800 films, with a total footage of approximately 250,- 000 feet. It is affiliated as one of the four member countries with the In- ternational Federation of Film Ar- chives. Other members are the official film libraries of England, France and Germany. . Last season, the Library circulated films to 175 U. S. institutions. They have been used by colleges and local film societies. Six series of films are available: Short survey of films in America, 1895-1930; some memorable American films, 1896-1935; films m Germany and France; Swedish and post-war American films; work of D. W. Griffith; and non-fiction films. In addition, there are Great Actresses of the Past and A Short History of Animation. Books on related subjects are available at the Library. Officers are: John Hay Whitney, president; John E. Abbott, vice-presi- dent and director; Edward M. M. Warburg, treasurer, Iris Barry, cura- tor. Trustee committee is John Hay Whitney, Ch., A. Conger Goodyear, William S. Paley, Edward M. M. Warburg. Advisory committee is Will H. Hays, Ch., Jules E. Brula- tour, Stanton Griffis, Sidney R. Kent, Dr. Erwin Panofsky, J. Robert Rubin, Dr. David H. Stevens. Fine Arts to Start 5 Films Next Month Fine Arts, Grand National's pro- duction affiliate, plans to put three films in work early in January and two others by the end of the month, according to information received at the home office. The five completed stories are "Curio Cipher," "Full Speed Ahead," "Never Mind the Guard," "Derelict Street" and "At Your Age." Al Christie, educational's shorts pro- ducer, has set up headquarters at the Grand National lot to supervise shorts and produce several features. Dalton Trumbo and Fred Jackson, writers identified with major lots, have been signed by G. N. T. R. Williams, G. N. treasurer, is en route to the coast to set up bud- gets and confer with Jack H. Skir- ball, production head. Retitled "Boy Trouble" Hollywood, Dec. 28. — Title of Paramount's Charlie Ruggles — Mary Boland picture tentatively called "Two Weeks with Pay," has been changed to "Boy Trouble" for re- lease. Films Will Be Used Most in Television (.Continued from page 1) save the extremely high charges now paid to the telephone company. 3 — The program can be edited. 4 — Much of the technique and pro- duction apparatus of the motion pic- ture production companies can be used, thus cutting program costs. 5 — Long letter perfect productions requiring enormous rehearsal time and expense can be eliminated. 6 — The talent need not be forced to rigid schedule. 7 — The production can be made at the most suitable or convenient lo- cation. 8 — The subject matter of programs can be extended to include educational subjects such as travelogues, science shots, musical technique and the like. 9 — Program libraries can be created. A good business can be established in renting features such as classical plays and other timeless items to the various broadcasting stations. Collins Case Counsel Is Denied $5,000 Fee Federal Judge Alfred C. Coxe yes- terday denied the application of J. Robert Rubin for a $5,000 attorney's fee to be assessed against Dolores Lacy Collins, as administratrix of the estate of Jimmy Collins. The deci- sion, however, allowed a renewal of the application on the completion of the case. Rubin sought the fee under the copyright law on the ground that a cause of action for copyright infringe- ment against his clients, M-G-M Pic- tures Corp., M-G-M Distributing Corp., Loew's, Inc. and Culver Ex- port Co., in the reference to the mo- tion picture, "Test Pilot," had been dismissed by the court. Action is still pending on a charge of unfair competition. Returns Are Filed in Greatest Year Suit John J. Kelly, U. S. Marshal for the southern district of N. Y., today filed returns in the U. S. District Court showing service of the com- plaint on all defendants except M- G-M Pictures Corp. in the suit brought by Milton Spitz against Mo- tion Pictures' Greatest Year, Inc., the eight majors, Monogram Pictures Corp., Bobbydick, Inc., and Moredall Realty Corp. for alleged infringement of his copyrighted film game, "U- Spot-It." Marshal Kelly explained his failure to serve M-G-M by stating that he could find no offices of the company in this district. At the same time Mono- gram filed its answer to the suit which consisted of a blanket denial of the charges. Fabian Shifts Managers Albany, Dec. 28. — Two personnel shifts have been made by Louis R. Golding, Fabian district manager. Bob Fox, assistant manager of the Plaza, Schenectady, will succeed John Pickett at Proctor's, Troy, as assistant to Harry Black, while Louis Rapp will become assistant manager at the Plaza, Schenectady. Expect New Pathe Plan to Be Ready About January 15 New plan for liquidation of Pathe Film Corp. is expected by company officials to be completed shortly after Jan. 15. It is understood the proposal will represent a substantial change from the original plan, which was rejected at a special meeting of the stockhold- ers Dec. 13. The new proposal will be designed to accomplish the major part of the liquidation plan, including the transfer of Pathe's laboratory functions to a new company. Several proposals are under con- sideration but none has been pre- sented to the board of directors as yet. Derr Is Preparing 4 Monogram Films E. B. Derr is ready with four addi- tional stories for production for Mono- gram, which will make his program for that company total eight films. Frank Melford is associate producer for Derr. The four new yarns are "Star Re- porter," from John T. Neville's screenplay, presently scheduled to go into production Jan. 3 ; "Undercover Agent," headed for the cameras Jan. 28, with Martin Mooney, the writer ; "The Girl from Rio," scheduled to be lensed Feb. 15, with screenplay by Tay Waters, and "Prison Born," which may start in March, with David Free- man on the story. Bona Nova in Mexico Fortunio Bona Nova is in Mexico City lining up talent for the first of two Spanish language films he is to make for United Artists. The pictures will be made in Hollywood, to be released in the Latin American market in the season starting next spring. Bona Nova is well known as an actor and singer. He appeared in "Tropic Holiday." AFA in Roxy Parley Meeting was held yesterday be- tween Harry Calkins, eastern organ- izer of the American Federation of Actors, and Irving Lesser and Jack Partington, of the Roxy, to consider the demands of the A.F.A. for a con- tract. Discussion centered yesterday around payment for rehearsal time. Similar negotiations are now being conducted with other Broadway houses which use stage shows. Williston Plans House Indianapolis, Dec. 28. — Dudley Williston, operator of the Walker, de luxe Negro neighborhood house, plans to open the Park shortly, a new the- atre in another colored section of the city. Takes Iowa Theatre Gladbrook, la., Dec. 28. — Robert Malek, Jr., has bought the Uptown here from Gene McLaughlin, who has bought the Dreamland in Bancroft, la., from P. A. Lonergan. The house will be remodeled. 'Patrol' Takes $34,700 in 2 L.A. Theatres Los Angeles, Dec. 28. — "The Dawn Patrol" and "Nancy Drew, Detec- tive," at the Warner Hollywood Warner Downtown, was the out- standing bill of the week, taking $16,- 200 at the Hollywood and $18,500 at the Downtown, for a total of $34,700. The combination of "Girls' School" and "Blondie" at the Hillstreet was strong at $8,000 and held up well at the Pantages with $7,200. "Out West with the Hardys" and "A Christmas Carol" took $12,345 at the Chinese and $14,884 at Loew's State. Estimated takings for the week end- ing Dec. 28: "Out West With the Hardys" (M-G-M) "A Christmas Carol" (M-G-M) CHINESE— (2,500) (30c-75c) 7 days. Gross: $12,345. (Average, $12,500) "Citadel" (M-G-M) 4 STAR— (900) (40c-55c) 4 days. 6th week. Gross: $1,465. (Average, $3,250) "Blondie" (Col.) "Girls' School" (Col.) HILLSTREET— (2,700) (30c-65c) 7 days. Gross: $8,000. (Average, $6,500) "Out West With the Hardys" (M-G-M) "A Christmas Carol" (M-G-M) LOEW'S STATE— (2,500) (30c-75c) 7 days. Gross: $14,884. (Average, $14,000) "Blondie" (Col.) "Girls' School" (Col.) PANTAGES— (3,000) (30c-65c) 7 days. Gross: $7,200. (Average, $7,000) "Tom Sawyer, Detective" (Para.) PARAMOUNT— (3,595) (30c-65c) 7 days. Stage: Al Pearce, F. & M. revue, Rube Wolf and his orchestra. Gross: $14,000. (Average, $18,000) "The Dawn Patrol" (W. B.) "Nancy Drew, Detective" (W. B.) WARNER BROS. (HOLLYWOOD)— (3,000) (30c-65c) 7 days. 2nd week. Gross: $16,200. (Average, $14,000) "The Dawn Patrol" (W. B.) "Nancy Drew, Detective" (W. B.) WARNER BROS. (DOWNTOWN)— (3,- 400) (30c-65c) 7 days. 2nd week. Gross: $18,500. (Average, $12,000) Consolidated Film Files Suit on Note Consolidated Film Industries, Inc. yesterday filed suit in the N. Y. Su- preme Court for $18,612 with six per cent interest from 1927 against Ar- thur Rawlins and Carlyle Blackwell, doing business as Carlyle Blackwell Productions. Suit is based on the balance of prin- cipal and interest allegedly due on a promissory note for $30,000 payable in nine months, and according to the complaint, given by an agent of the defendants to Commercial Traders Cinema Corp. on March 13, 1924 and later endorsed to the plaintiff. Carlyle Blackwell filed an answer denying the allegations and asserting he is not connected with Rawlins. Jackter Named Head Of Columbia Drive Rube Jackter, Columbia assistant sales manager, has been designated as chairman of the company's "Per- sonal Achievement Campaign," which starts Jan. 9 for 10 weeks. Joseph A. McConville, foreign sales manager, has been appointed honor- ary chairman of the drive. The drive will stress individual results by sales- men and bookers. Jackter is lining up plans for the competition and the awards. "CRUSHER" McKAY ... laughing, bellow- ing, BULL-JAWED GIANT! . . . KING OF THE ROARING STOKEHOLD . . . MASTER OF MEN, MACHINES AND SHIPS . . . SLAVE TO A WOMAN'S CHARM. Three alone against the raging sea and the creeping doom that held them captive under battened hatches! ... One -~^JP>> man who must keep the fires burning . . . fct, anoflMrwho mult keep him alive if both '% mp to reach port ... and the girl who was ^PPVp|# k more important to either than the fate of k ^ m/ Ihe crippled ship! . . . SOCKO DRAMA Wll? r ^BOX-OFFICE PUNCH! with WENDY BARRIE ALAN HALE BARRY FITZGERALD PICTURES V DIRECTED BY LEW LANDERS PRODUCED BY ROBERT SISK Screen Pjayby John Twist Thursday, December 29, 1938 MOTION PICTURE DAILY 'Winds' Blows $9,000, Beats Denver's Cold days. Denver, Dec. 28. — "Trade Winds" defied a severe cold snap which hit OLnver just as the pre-holiday slump -—owed signs of letting up. The film drew a strong $9,000 at the Denver. Also strong was "A Christmas Carol" and "Flirting with Fate" at the Orpheum, with $10,000. "Angels with Dirty Faces" and "Strange Case of Dr. Meade" took $2,000 at the Rialto. Estimated takings for the week end- ing Dec. 28 : "Submarine Patrol" (20th-Fox) ALADDIN— (1,400) (2Sc-40c) Gross: $3,000. (Average, $3,500) "Dramatic School" (M-G-M) "Law West of Tombstone" (RKO) BROADWAY— (1,100) (2Sc-40c) 7 days. Gross: $2,000. (Average, $2,500) "The Frontiersman" (Para) "Little Orphan Annie" (Para) DENHAM — (1,750) (25c-35c-40c) 4 days. Gross: $1,500. (Average for week, $5,500) "Trade Winds" (U.A.) DENVER— (2,525) (25c-35c-50c) 7 days. Gross: $9,000. (Average, $8,500) "Christmas Carol" (M-G-M) "Flirting With Fate" (M-G-M) ORPHEUM— (2,600) (25c-35c-40c) 7 days. Gross: $10,000. (Average, $7,500) "Hard to Get" (W.B.) "The Storm" (Univ.) PARAMOUNT— (2,200) (25c-40c) 7 days. Gross: $2,000. (Average, $3,500) "Angels With Dirty Faces" (F.N.) "Strange Case of Dr. Meade" (Col.) RIALTO— (878) (25c-40c) 7 days. Gross: $2,000. (Average, $1,750) 'Angels' Grosses ,300; Twin City Theatres in Slump Minneapolis, Dec. 28. — Best busi- ness here was done by "Angels With Dirty Faces," which took $4,300 at the Century. Business was off elsewhere. In St. Paul, top grosser was "Just Around the Corner" at the Paramount, where the picture was good for $2,700. Estimated takings for the week ending Dec. 22 : Minneapolis : "Dracula" (Univ.) "Frankenstein" (Univ.) "Road Demon" (20th-Fox) "Orphan Annie" (Para.) ASTER— (900) (15c-25c). Gross: $1,300. (Average, $1,500) "Angels with Dirty Faces" (F. N.) CENTURY— (1,600) (25c-40c) 7 days. Gross: $4,300. (Average. $4,000) "Spring Madness" (M-G-M) GOPHER— (990) (25c) 7 days. Gross: $2,500. (Average, $3,000) "Submarine Patrol" (20th-Fox) ORPHEUM— (2,900) (25c-40c) 7 days. Gross: $3,800. (Average. $4,800) "Just Around the Corner" (20th-Fox) STATE— (2,300) (25c-40c) 7 days. Gross: $3,000. (Average, $4,400) "Moonlight Sonata" (Malmar) WORLD— (400) (25c-55c) 7 days, 4th week. Gross: $900. (Average, $1,600) St. Paul: "The Mad Miss Man ton" (RKO) ORPHEUM— (2,000) (25c-40c) 7 days. Gross: $2,300. (Average, $3,200) "Just Around the Corner" (20th-Fox) PARAMOUNT— (2,500) (25c-40c) 7 days. Gross: $2,700. (Average, $4,400) "Young Dr. Kildare" (M-G-M) RIVIERA— (1,000) (25c) 7 days. Gross: $1,800. (Average, $2,400) "Road Demon" (20th-Fox) "Orphan Annie" (Para.) TOWER— (1,000) (25c) 7 days. Gross: $1,600. (Average, $1,600) "Scrooge" (Foreign) WORLD— (400) (25c-35c) 7 days. Gross: $800. (Average, $700) Hollywood Preview "Topper Takes a Trip" (Roach-United Artists) Hollywood, Dec. 28. — A Hollywood preview audience, with booming laughter, unanimously indicated their belief that Hall Roach has repeated the success of the earlier "Topper." Previewed at the same theatre, and offering the same players in what amounts to an extension of the first picture, "Topper Takes a Trip" had the same audience in the same stitches most of the distance. Roland Young, Billie Burke and Constance Bennett play the same characters as in "Topper" and play them better. Jack Jevne, Eddie Moran and Corey Ford supply better dialogue than the players had to work with in the first picture and Norman Z. McLeod's direction is surer, smoother and more evenly paced. Cary Grant appears via Flashback and an earthbound dog, one Skippy, accompanies Miss Bennett on her repeated returns to the land of the living. The materializations and "dematerializations" used so effectively in "Topper" are used a good deal more generously this time. The story, from another novel by the late Thorne Smith, is about a divorce Mrs. Topper almost gets from Mr. Topper, the action having to do with Miss Bennett's earthly operations on the side of domestic appeasement, ulti- mately successful. The narrative begins in New York and moves to Paris, ending there in a way that makes it quite convenient to continue the story gracefully if Roach elects to make it a series subject. Milton Bren produced the picture on the same lavish scale as "Topper" and Roy Seawright's pho- tographic wizardry is of an even finer kind and effectiveness. Running time, 78 minutes. "G."* Roscoe Williams *"G" denotes general classification. New York Review "Mamele" (Sphinx Film) Molly Picon, the acknowledged darling of the Jewish stage and screen, here once again demonstrates her remarkable ability as a comedian and dramatic actress. The film is in Yiddish, and although there are plenty of English subtitle translations, it is still obviously a picture for the appropriate language market. Produced in Warsaw by Green Film Co., the film was directed by Joseph Green and Konrad Tom, from a story by Meyer Schwartz and Tom. It tells of the young girl, who, keeping a death-bed promise to her mother, acts as mother to a bickering family, consisting of a lazy father, two sisters and three brothers, two young. Hers is a Cinderella exis- tence, without the Fairy Godmother, straightening the love affairs of her pretty sister, keeping her brothers out of trouble, and worrying about all of them. Her reward is ingratitude. Finally, she breaks away, falls in love with a young musician, then is about to sacrifice him for her sister, but at last the family realizes what she has done for them, and happiness results. The film revolves about Miss Picon, and her performance is outstanding. Running time, 100 minutes. "G."* Charles S. Aaronson *"G" denotes general classification. Columbus Theatres Set Operator Deal Columbus, O., Dec. 28. — Twenty- six neighborhood and suburban ex- hibitors have signed an agreement with Motion Picture Operators' Union, Lo- cal 386, placing 42 union operators in 49 houses, according to Robert Greer, union president. Omaha Lists Best Films Omaha, Dec. 28. — Local exhibitors have been asked by the Omaha World- Herald to list their ten highest gross- ers for 1938 in order. Keith Wilson, film crtic, will publish the ten most popular pictures shown in Omaha from results compiled. Ohio Passes "Millions" Columbus, Dec. 28. — The Ohio censor board has passed the film, "Millions of Us," held up since November, 1937. There were only a few minor deletions, the board re- ported. Action was brought in Dis- trict Court here by Garrison Film Corp., distributors, to force accept- ance or rejection before Jan. 7. Kennedy at Golden Gate San Francisco, Dec. 28. — John Kennedy, formerly advertising sales- man with the Daily News here, a Scripps-Howard paper, has succeeded the late Ken McGaffey as publicity and ad manager of the Golden Gate Theatre. 'Hardys' Dual Fair $14,000; Frisco Slumps San Francisco, Dec. 28. — "Out West with the Hardys," paired with "Young Dr. Kildare" at the Fox, grossed a fair $14,000 in a week of generally poor takes. "You Can't Take It With You," in its fifth week at the Orpheum, drew down $9,000. "The Cowboy and the Lady" took a good $7,000 in its fifth and last week at the United Artists. Estimated takings for the week end- ing Dec. 20-23 : "Annabel Takes a Tour" (RKO) GOLDEN GATE— (2,850) (35c-40c-5Sc) 7 days. Stage: Vaudeville. Gross: $13,000. (Average, $16,000) "The Cowboy and the Lady (U.A.) UNITED ARTISTS— (1,200) (15c-35c-40c- 55c-65c) 7 days, 5th week. Gross: $7,000. (Average, $7,000) "Dramatic School" (M-G-M) "Christmas Carol" (M-G-M) PARAMOUNT — (2,740) (15c-35c-40c-55c- 75c) 7 days. Gross: $10,500. (Average, $13,000) "You Can't Take It With You" (Col.) ORPHEUM — (2,440) (15c-35c-40c-55c) 7 days, 5th week. Gross: $9,000. (Average, $8,500) "Out West with the Hardys" (M-G-M) "Young Dr. Kildare" (M-G-M) FOX— (5,000) (15c-35c-40c-55c-75c) 7 days. Gross: $14,000. (Average, $17,000) "Angels With Dirty Faces" (W.B.) "Listen Darling" (M-G-M) ST. FRANCIS— (1,400) (15c-35c-40c-55c- 75c) 7 days, 4th week. Gross: $5,100. (Aver- age, "7.000) "Heart of the North" (W.B.) "Flirting with Fate" (M-G-M) WARFIELD— (2,680) (15c-35c-40c-55c-75c) 7 days. Gross: $11,000. (Average, $13,000) "Moonlight Sonata" (U.A.) CLAY — (400) (15c-35c-40) 7 days, 8th week. Gross: $800. (Average, $1,300) "An Leva de Gamla Gudar" (Scandinavian) LARKIN — (390) (15c-35c-40c) 7 days. Gross: $950. (Average, $1,300) 'North' Is $6,300 As Buffalo Slips Buffalo, Dec. 28. — The pre-Xmas week here had its effect on grosses. The Century dual, "Heart of the North" and "Torchy Gets Her Man" breasted the ebb tide best with $6,300. Buffalo managed to pull out a fair $9,300 with "Dramatic School." Estimated takings for the week ending Dec. 24 : days. "Dramatic School" (M-G-M) BUFFALO--(3,000) (30c-55c) Gross: $9,300. (Average, $12,000) "Ride a Crooked Mile" (Para.) "Flirting with Fate" (M-G-M) GREAT LAKES— (3,000) (30c-50c) 7 days. Gross: $4,500. (Average, $7,500) "A Christmas Carol" (M-G-M) "Peck's Bad Boy at the Circus" (RKO) HIPPODROME— (2,500) (25c-40c) 7 days. Gross: $4,700. (Average, $6,800) "Heart of the North" (W. B.) "Torchy Gets Her Man" (W. B.) CENTURY— (3,000) (25c) 7 days $6,300. (Average, $6,000) "Reformatory" (Col.) "The Lady Objects" (Col.) LAFAYETTE— (3,300) (25c) 3 days. Gross: $1,800. (Average, 7 days, $6,300) Gross: Wilson Is Thomas Aide Jerome Wilson has been named as- sistant to Harry H. Thomas in his distribution of Tri-National product in the east. Wilson will work with Merit Pictures Corp., the company name for the Thomas distribution in the metropolitan area. edited by Terry Rams aye Out Next Week ONE DOLLAR THE COPY QP - The AUDIT of PERSONALITIES The fifth annual edition of the international reference authority on talent values will be off the press next week. The box office champions of 1938 presented with complete analysis and personnel credits — the money making stars of the season evaluat- ed and reported upon by the exhibitor showmen of the world. The radio champions of 1938 as polled by MOTION PICTURE DAILY among the editors of the daily newspapers of America. QUIGLEY PUBLICATIONS ROCKEFELLER CENTER, NEW YORK MOTION PICTURE DAILY RADIO Press Radio's News Dropped By NBC, CBS CBS and NBC are no longer car- rying the Press Radio news bulletins and reports. As a consequence of the abrogation of the Press Radio service by its two principal mainstays, the Bureau may fade from the radio scene. CBS and NBC meanwhile are fill- ing in their news periods with news supplied by the United Press and by International News Service. All questions put to responsible au- thorities at CBS and NBC by news- papermen were greeted with, "no comment." Most of the NBC and CBS officials were unavailable. James Barrett, head of the Press Radio Bu- reau, suggested that his attorneys, Jenkins and Rogers, be questioned. Gustavus Rogers, a member of the film, in reply to questions, stated "we have no statement to make. Any statement will have to come from either NBC or CBS." Asked for whom he was speaking, he replied, "for mvself, for Jim Barrett and for Press Radio." Formed in 1931 Press Radio was formed in 1931, as a non-profit organization, by the American Newspaper Publishers' As- sociation, as an attempt to bring an end to chaotic news conditions in radio. NBC and CBS were the prin- cipal underwriters of the setup. Prior to the formation of Press Radio, the publishers had clamped down on radio and refused to supply stations with news. As a consequence, many of the major stations set up their own news gathering organiza- tions. Bitterness between radio and newspaper publishers increased, with publishers claiming that the stations were pirating news from the papers. CBS Most Important The most important of the radio newsgathering organizations was formed by CBS under the direction of Paul White. Columbia's bureau, known as CBS News Service, Inc.. finally was operating so successfully that the A.N.P.A. decided to end the scramble for news by drawing up a pact with the networks. It re- sulted in the formation of Press Radio Bureau, with Associated Press. United Press and International News Service supplying news direct to the networks over their own news tickers. James Barrett was placed in charge of the bureau. With the scrapping of CBS News Service, Inc.. its editor, Herbert Moore, established his own organiza- tion for supplying news to radio, calling his companv Trans Radio, which is still operating successfully. It has never been indicated how much money it cost NBC and CBS to maintain the Press Radio Bu- reau, but it is generally placed at approximately $25,000 a year In the meantime, a "fla^h" service at nominal cost was estfilished for non- network stations, and local subscribers include WOR. WNEW. WMCA and WNYC. Since establishment of Press Rad; United Press and International News ► Radio Personals i NETWORK announcer Alan Kent is engaged to Betty Van Auken. The date is in April. . . . Ben Bernie was feted at a birth- way party yesterday. . . . Janet Gay- nor and Bill Powell will co-star in a "Lux Radio Theatre" production of "Mayerling" Jan. 9 over CBS. . . . Guy Kibbee and C. Aubrey Smith are booked for a skit on the Vallee show of next Thursday. . . . William Gargan will be the guest of Jack Haley tomorrow night on the latter's show. + Bill Stern, accompanied by Mrs. Stern and Richard May of NBC's engineering staff, left by American Airlines for the coast yesterday. Stern will report the annual New Year's Day East- West grid game . . . Barry Wood has been renewed for another year of singing on CBS by the net- work's Artists Bureau . . . NBC will pipe in Ray Noble's music from Earl Carroll's new Hollywood club . . . Frances Langford and Bing Crosby this week waxed a series of Victor Herbert numbers for Decca Records . . . George Jessell and Walter Pitkin will work with Eddie Cantor on the latter's broadcast Jan. 2. Standard Brands Cancels Canadian Show in Ad Fight Montreal, Dec. 28. — Friction with the Department of Pensions and Na- tional Health over advertising word- ing has caused Standard Brands to cancel the weekly half-hour "Spotlight Parade" program, effective Jan. 1. The department argued that the phrase appearing in the commercial, "contains no alum" amounted to "scare advertising" in that alum is not harmful. The J. Walter Thompson agency, handling the program, said lack of time prevented further negotiations with the department, so the program, which originates in Montreal and is fed to the Canadian Broadcasting Broadcasting Corp. network of sta- tions, is to be withdrawn. Mrs. Estes Censor Aide Kansas City, Dec. 28.— Mrs. Wil- liam E. Estes of the films committee of the Parent-Teachers Association, has been named assistant city censor to succeed Mrs. Eleanore Walton, who now is city censor. Circuit Promotes Rice Kankakee, 111., Dec. 28.— George C. Rice, former city manager of the Great States theatres in Kankakee, is now district manager of the Anderson circuit. His headquarters are at the State, Sandwich. Service have entered into the radio business, apart from their tieups with Press Radio. They are selling news to stations throughout the country. Associated Press has held aloof, and has refused to follow U. P. and I. N. S. AFRA, Agencies Fail of Agreement Meeting yesterday between the American Federation of Radio Artists and representatives of the American Association of Advertising Agencies to discuss the pact covering wages and working conditions of artists appear- ing in network, commercially spon- sored programs, which was recently delivered to the 4-A's by A.F.R.A., resulted in a stalemate. As the re- sult of the failure to agree on the pact, A.F.R.A.'s deadline, which ex- pires this week, has been extended for another seven days. Present at the meeting were Eddie Cantor, Law- rence Tibbett, George Heller and Emily Holt, of the artists' union, and representatives from approximately 11 advertising agencies. Meanwhlie, the A.F.R.A. national board will meet today to consider counter proposals which have been submitted by the 4-A's. Another meet- ing will be held with the 4-A's some time next week, the time still being indefinite. To Discuss Pictures On WHN Program Weekly round-table discussions of motion picture problems will be aired over WHN Thursdays from 5 :30 to 5 :45 P. M., beginning tonight. Par- ticipants will be members of the Met- ropolitan Motion Picture Council. To- night's subject will be "Selection, Not Censorship." Joining in the discussion will be Mrs. Grace Fisher Ramsey, chairman of the Motion Picture Council ; Mrs. William Barclay Parsons, Jr., vice- chairman of the Schools Motion Pic- ture Committee ; Mrs. James V. Loo- ram, chairman of the International Federation of Catholic Alumnae; Georgina Johnston, of the Committee on Drama of the Greater New York Federation of Churches ; Barbara Ziegler of the New York Junior Lea- gue, and Dr. Frederic M. Thrasher, technical director of the Metropolitan Motion Picture Council. Monogram Changes Titles of Two Films "Navy Secrets," featuring Fay Wray, Grant Withers and Craig Rey- nolds, is the new title of the Mono- gram production formerly known as "Navy Girl." The title of Monogram's western, "Santa Fe Bound," starring Jack Ran- dall, has been changed to "Driftin' Westward." Bob Howard Renewed J. B. Williams Co., sponsoring Bob Howard over WEAF, has renewed the colored swing singer for another 13-week period, beginning Jan. 19. At the conclusion of the extension, Howard will have appeared in the series for one full year. J. Walter Thompson is the agency. Rosener Forms Prestige San Francisco, Dec. 28. — Herbert Rosener, operator of eight foreign language theatres throughout the country, has organized Prestige Pic- tures here to handle distribution of independently produced foreign pro- duct in this area. First release is "Moonlight Sonata." Thursday, December 29, 1938 Quebec Due to Ban Beer Advertising on Air After March 31 (Continued from page 1) will take liquor advertising from Ca- nadian radio completely. For some time the Quebec Ternrf*-" :- ance League has been fighting V r such a ban and lately the Roman Catholic Church, represented by its Canadian head, Cardinal Rodrigue any blame of prohibition on advertis- ers who have abused their privilege. Cardinal Villeneuve, however, has been in Ottawa recently reportedly interviewing Corporation officials with a view to bringing about prohibitive legislation. In event of delayed legis- lation the CBC could effectively halt beer programs with the jurisdiction they wield over all Canadian broad- casting. All continuity must be sub- mitted to Ottawa for approval a week before being used and broadcasters here fear rejection of scripts could prove as effective a halt as Govern- mental rulings. In Montreal such a ban will can- cel the Labatt's weekly quarter-hour run by sportswriter Elmer W. Fergu- son ; "Tonight At Eight," the Dawes' Blackhorse five-nights-a-week pro- gram ; Molson's week-through night- ly newscast, all on provincial net- works and two local French programs. In other parts of the province smaller airshows will be killed. Pick Talent on CBS Screen Guild Opener Talent for the inaugural Screen Actors Guild program, which bows in over CBS January 8, has been set, and the roster includes Joan Crawford. Jack Benny, Judy Garland, Reginald Gardner. Mitchell Leisen will direct the inaugural airing, and Morrie Rys- kind is serving as consulting writer. Ralph Morhan will speak briefly dur- ing the program to explain the pur- pose of the series. Radio Attractions Ad Post Goes to Carnow Howard N. Carnow is head of the advertising and publicity department of Radio Attractions, Inc. He former- ly was with Columbia Pictures Corp. Appointment of Carnow was made by Herbert R. Ebenstein, president. Union Aids Talent Mexico City, Dec. 28.— What is said to be the first time a film workers' organi- zation has sought to develop picture player talent here is the campaign of the film stu- dios employes' union of Mex- ico, inviting girls with screen aspirations to present them- selves for tests. Only girls between 15 and 20 years old are wanted. Those passing the tests get the union's aid for jobs with producing com- panies. Alert, Picture Industry MOTION PICTURE DAILY VOL. 44. NO. 127 NEW YORK, FRIDAY, DECEMBER 30, 1938 TEN CENTS Ladio Honors Again Won by Bergen's Pal Editors Vote Him Best In Annual Poll By JACK BANNER Charlie McCarthy, Edgar Bergen's chief caviar-winner, again has been declared the "Radio Champion of Champions" by a majority of the 600 radio editors and columnists who were asked to nominate their favorite air performers in this, Motion Picture Daily's third annual popularity poll, conducted in behalf of Fame. The return of the fresh little splinter of wood to the thronedom of radio was not accomplished as easily as his vic- tory of last year, but he did manage to stay a comfortable span ahead of Jack Benny, his closest competitor. Additional developments in radio on pages 7 and 8. Comparatively little change has taken place in the realm of radio since last year's competition, the poll reveals, for in practically all major instances the 1937 victors have been returned as the leaders of 1938. How- ever, the year did produce two per- sonalities whose marks may yet prove to be indelible. One, Orson Welles, is a comparative newcomer to the air • the other, H. V. Kaltenborn, is a veteran of the microphone who, most deservedly, has finally come into his own as radio's foremost newscaster and editorialist. Mr. Welles and Mr. Kaltenborn are superb artists in their own particular fields, the one a leading figure in the theatre and the darling of the play- goers, the other a respected and hon- ored member of the newspaper pro- fession who turned his talents to radio. Yet, in the radio procession, they were but a couple of inconspicuous march- ers until Chance, that unpredictable mistress of human destinies, centered the searchlight on them by leading Europe to the brink of war. With the precipitation of the German-Czech crisis, to every American within ear- shot of a loudspeaker was brought a continuous view of the shifting strate- gies of the European diplomats. CBS, following every broadcast from abroad, placed Mr. Kaltenborn on the air to interpret the news. The war scare "made" Mr. Kalten- born, and in an indirect fashion the same scare "made" Mr. Welles, for had listeners been made vulnerable to a case of jitters by what they had (Continued on parte 7) "Vaudeville" Opens "Vaudeville Marches On," a three-day variety show, will open at the Majestic tonight. Acts include Molly Picon, Trahan & Lynde, Eddie Garr, Waller & Johnstone, Laura Suarez, Bernice Stone, Mei Toy, White & Manning, Til- bert Bros., and Vera Nargo. Cinda Green will be mistress of ceremonies. Kurt Robit- schek is the producer. Film Stocks' Gain in 1938 $96,202,500 Motion picture company stocks listed on the New York Stock Ex- change showed an increase in market value during 1938 of $96,202,500, from a total of $623,738,750 at the end of 1937 to $719,941,250 at the close of the current year. There was, at the same time, a decrease in the volume of trading. These figures are indicative also of the general stock market trend for the year, during which there was a sharp advance in the last half of the year, while stock dealings dwindled to the smallest total in 14 years. During March was recorded the lowest level in film stock prices of 1938, followed by a brisk increase after Congress adjourned in June. (Continued on page 6) BVay to Hail '39 Despite Cab Strike Despite the threat of a general taxicab strike in the city Broadway houses, encouraged by grosses well ahead of last year's, went ahead with elaborate plans for New Year's Eve trade. All will remain open well into the morning hours and special stage shows will go on for the mid- night celebrants. Heading the list is the Paramount, which plans a complete stage and screen show to start at 3 A. M; At the Strand, a complete show will go on at 2:10 A. M., the State at 1:40 (Continued on page 5) Happy New Year Motion Picture Daily will not publish Monday, which is a legal holiday. COURT DECLARES RKO'S PLAN FAIR Films Aim to Promote U.S. Schenck Says Joseph M. Schenck in a broadcast last night pledged that the motion picture industry in 1939 will make the American public "more proud than ever of their nation, their history and the system of free government." The broadcast was aired over a coast-to- coast NBC Blue network hookup at 8 :30 P. M., and featured leaders of the key industries of the nation in forecasts of the "Business Outlook for 1939." Schenck spoke from Palm Springs. Because of the "far reaching" and "tremendous" part that films play in promoting the sale of goods in the United States and foreign nations, Schenck stated that the government should give the industry the utmost in encouragement and support. "The motion picture screen is no longer merely a medium for mass entertain- ment," he stated. "It is that first and foremost. But it has become alsothe most effective salesman of American products and the American way of life that the world has ever known." The film industry has never per- mitted business recessions to retard it, and he pledged that this policy will (Continued on page 5) Judge Bondy Indicates He Will Approve Plan With Modification Federal Judge William O. Bondy at a hearing yesterday declared RKO's pending plan of reorganization to be "fair, feasible and equitable," and that he will approve the plan subject to certain modifications which he is go- ing to suggest. Acceptance of the plan is dependent upon these modifications which Judge Bondy will present by memorandum and the hearing was ad- journed until next Wednesday. Approval of the plan would end RKO's bankruptcy proceedings which started in January, 1933, and will come on the eve of the sixth anni- versary. Hamilton C. Rickaby, of Simpson, Thacher & Bartlett, attorney for pro- ponents, offered an amendment to elim- inate the proposed agreement between RKO and Rockefeller Center for the operation of the Music Hall and Cen- ter theatres, and to reduce from 500,- 000 shares of common stock to 415,- 000 as the share of Rockefeller Center. On the basis of $10 a share book value, this would reduce the amount of settlement of the Rockefeller claim from $5,000,000 to $4,150,000. Lipstone Named to Morros' Para. Post Los Angeles, Dec. 29. — Louis R. Lipstone, musical director and pro- duction head for Balaban and Katz Theatres today was named head of Paramount studio music department to succeed Boris Morros, resigned. He arrived today for conferences and returns to Chicago tomorrow. 20th-Fox Meeting In Chicago Closes Chicago, Dec. 29. — Two day meet- ing of 15 20th Century-Fox branch managers and Canadian sales execu- tives ended today. William Gehring, William Clark and James O'Loughlin were in charge. The meeting consid- ered routine matters only. US Companies Are Set to Quit Italy American distributors com- pleted arrangements yester- day for withdrawing from Italy at the close of business tomorrow, at which time, if nothing unforseen happens, the Government decree estab- lishing E.N.I.C. as a film dis- tributing monopoly is sched- uled to become effective. No modification or amend- ment of the decree has been hinted in Rome and, likewise, there has been no indication here that any of the distri- butors would continue in Italy beyond the effective date of the decree. Loew's, Paramount, 20th Century-Fox and Warners, which operate their own branches in Italy, will close their offices, while Columbia, RKO, United Ar- tists and Universal will end film services to their former agents there. The companies hold that the decree invalidates con- tracts. MOTION PICTURE DAILY Friday, December 30, 1938 Insiders9 Outlook By SAM SHAIN Bren Honored at Lunch and Party 2 4 Purely Personal ► NATE J. BLUMBERG, Univer- sal president, and W. A. Scully, general sales manager, will leave for the studio early in January for prod- uct conferences. Scully may go on to Honolulu for a vacation there- after. • Charles and Mrs. Skouras and their daughter are due today from the coast to spend New Year's with Spyros Skouras and his family. They will sail next week for Greece. • Ben Miggins, 20th Century-Fox head in Continental Europe, and Mrs. Miggins leave next week for Florida, then go to the coast. • Herman Finkelstein, of counsel for Ascap, will go to Washington Tuesday to file Supreme Court appeal papers on the Florida anti-Ascap law. • Joseph M. Weber, president of the American Federation of Musicians, returns to New York from the south on Tuesday. • Delight Evans is going to Cali- fornia , arriving in Hollywood on Tuesday. She will remain on the coast for about a week. • Tex Ritter, Monogram singing cowboy, will go on a personal appear- ance in the west and south next month. • Marc Lachmann, 20th Century- Fox exploitation manager, is due Tuesday from the coast. • Ed Kuykendall, M. P. T. O. A. president, is expected in New York from the coast late next week. London Details Set On Refugee Benefit London, Dec. 29. — Details have been completed for the stage and screen benefiat shows for the Baldwin Ref- ugee Fund on Jan. 14. C.E.A., K.R.S., Actors' Equity, Theatrical Managers, Dramatists' League, Variety Artists' Federation, Musician's union and all other management and labor organi- zations have pledged 10 per cent of all earnings on that date. Appeals will be made by stage stars at all performances. Adolph Zukor has arranged that the proceeds of the opening of "Stolen Life," with Elisa- beth Bergner, at the Plaza on Jan. 18, will be devoted to the fund. Season's Greetings Charles H. Kenney Studios, Inc. Draperies 112 West 44th Street New York City MOVIE Quiz contest, "piece de resistance" of the industry's $1,000,000 good will and promotional cam- paign, conies to a close at mid- night tomorrow. By that time all answers of contestants must be in the mails to qualify for a chance at the $250,000 in cash prizes. T T Any exhibitor with sense knows business is going to be very bad, anyway, the week be- fore Christmas. But Frank Cas- sil of the Rialto, St. Joseph, Mo., decided this year to be different. Having no outstanding pictures, he changed bills every day instead of the normal five changes a week. He bought extra adver- tising, spread around more her- alds, and in general let people know he still had entertainment to sell. Result : he broke the house rec- ord for the week by 20 per cent, and set up new individual dailv scores on both Friday and Sat- urday, the latter Xmas Eve. He stood them up every night at regular admission prices. When he checked receipts for the week he thought he'd gotten into the wrong theatre ! T ▼ Russell Birdwell, publicity di- rector for Selznick International, will resign soon after the first of the year to start his own pub- licity and advertising firm. Among the first of his clients will be Selznick International. John C. Flinn of Variety has been mentioned as his successor. T ▼ To Howard Dietz, who is head of M-G-M's advertising and publicity department, the year 1938 has been one of the greatest years in the history of M-G-M. In Dietz's own words, "Metro has contributed an unprecedented succession of meritorious pic- tures," and he lists some, as "Marie Antoinette," "The Great Waltz," "Boys Town," "A Christmas Carol," "A Yank at Oxford," "The Citadel." "Love Finds Andy Hardy" and "Sweet- hearts." Metro also brought forward a number of new stars, which Dietz reminds us about, such as Schenck and Rodgers To Studio for Talks New season production plans will be discussed at the studio bv Nicholas M. Schenck, president of M-G-M, and William F. Rodgers. general sales manager, who may leave today for the coast. They will be gone at least a week. Mickey Rooney, Hedy Lamarr and Judy Garland. On the technical side, Metro takes a bow on Douglas Shearer's "anti-flutter" sound projection device and the development of color harmony principles and pastel shades, such as used in cartoons, and as employed in "Sweethearts," and now in "The Wizard of Oz." Silent arc lamps made possible interior color photography, as will be seen in the last-named pic- ture. Then there is the sepia platinum toning process devel- oped bv John Nicholaus ; and the new silent wind machines. Jack Dawn introduced a new principle by which a stout actor can be photographed to appear slender, and this ability to make the apparent figure of a person appear different from what it ac- tually is, is an important inven- tion. Reginald Owen as Scrooge in "A Christmas Carol" is an example of this effect. T ▼ In Canada, employes of Fa- mous Players Canadian Corp., received a week's pay as a year- end bonus. T ▼ Indications are that there will be no decision in the Loew min- ority stockholders' suit before February. Final submission of briefs is set for today. ▼ T Not only did President Frank- lin D. Roosevelt choose "Pyg- malion," for New Year's screen- ing at the White House, but Governor Herbert Lehman has also selected this picture for screening on the holiday at the Governor's Mansion, in Albany. T T There are so many parties for Hollywood personalities, these days, that the sponsors are ex- periencing difficulty in assembling enough guests from one party to another, since the guests are nearly always the same persons at the greater majority of these affairs. At one recently, one of these hosts felt a shiver or two of apprehension when he dis- covered that there was almost one press agent for each of his guests, in attendance, and the p.a.'s were all of his own staff. Two Firms Chartered Albany, Dec. 29. — Licensed to do business in New York State have been : Ever-Ready Chair and Table Renting Corn., theatre seats, headed by Harrv M., David and Martin Schaps, New York City, and Picture Publications. Inc., headed by Max Ruskin and David P, Alterbaum. also of New York. Maurice Silverstone, operating head of United Artists, tendered a lunch- eon yesterday in the Rainbow Room. Rockefeller Center, in honor of Mil- ton Bren. Producer of the new Hal Roach film, "Topper Takes a Trip," Bren came here from the coast for the opening of the film at the Music Hall yesterday. Guests at the luncheon were : its George Skouras, Charles iuos- kowitz, John O'Connor, Clayton Bond. John Nolan, Fred Myers, Leonard Schlessinger. Leon Netter, Jean Picker, Jules Brulatour, Spyros Skouras, John Powers, Chick Lewis, Herb Miller, Red Kann, Oscar Doob, Richardson Wood, Ray Bowen, Claier Maxwell, Jack Harrower, Chester Bahn. Jack Alicoate, Sam Shain, Myer Beck, Terry Ramsaye, Martin Quigley, Noel Busch, Jack Schlaifer. Harry Gold, Paul Lazarus. Harry Buckley. Monroe Greenthal. Ben Washer, Lynn Farnol, W. G. Van Schmus. Thomas Walker. Frank N. Seltzer, Howard Mapes. Bert M. Stearn. W. G. Van Schmus, managing di- rector of the Music Hall, gave a cocktail party in honor of Bren later in the afternoon. Amonsr the guests were William Boehnel, Eileen Creel- man, T. T. Milstein. Gus Eyssell. Mike Vogel, William Ornstein, Abraham Bernstein. Marian Rogers, Cal Swan- son and Emanuel Silverstone. Mr. and Mrs. Bren plan to stay in New York about two weeks and may cruise to Nassau. Depositions in Para., B&K Suit on Jan. 5 Chicago, Dec. 29. — Depositions of 24 of the 101 independent exhibitor Dlaintiffs in the contempt suit against B. & K~. and Paramount will be taken before Master-in-Chancery Charles McDonald starting Tan. 5. Examina- tion of plaintiffs will center on assets, liabilities, profits, losses, corporate personnel and license agreements with independent distributors. Examination of the remaining 77 plaintiffs is expected to follow. S'STy (Registered U. S. Patent Office) MARTIN QUIGLEY. Editor-in-Chief and Publisher: SAM SHAIN. Editor; JAMES A. CRON. Advertising Manager. Published daily except Saturday. Sunday and holidays by Quiglev Publishing Com- pany, Inc.. Martin Quigley, president: Colvin Brown, vice-president and treasurer. Publication office: 1270 Sixth Avenue at Rockefeller Center. New York. Telephone: Circle 7-3100. Cable addresss: "Quigpubco. New York." All contents copyrighted 1938 by Quigley Publishing Company, Inc. Address all correspondence to the New York office. Other Quigley publications : Motion Picture Herald. Better Theatres. Teatro al Dia, International Motion Picture Almanac and Fame. BUREAUS: — Hollywood: Postal Union T !fe Building. Vine and Yucca Sts. : Boone Mancall. manager: William R. Weaver, editor. Chicago: 624 S. Michigan Ave.. C. B. O'Neill, manager. London : 4 Golden Square. W. 1: cable address, Quigpubco, London: Hnne Williams, manager. Entered as second class matter Sept. 23. 1938, at the post office at New York, N. Y., under the act of March 3, 1879. Subscription rates per year $6 in the Americas and $12 foreign. Single copies 10c. This Man Knows the Truth about Warners Show What This Man Knows! MKT X o z o o CO >* P p H O S o H O "to CD CD CO 5 I — I e s CD © iL *"* s to «c ^ s ^ •« © S a CO cd -e CD CD M cd so —\ 'SO CD e cd -< •to SS OQ co^ IS n- En C . S CD CD "a "to" co t-l w. r~ s a O CO a— §^J — G ^ is s OQ Dick Powell Anita Louise Devil's Island Karloff They Made Me a Criminal John Garfield "Dead End" Kids Claude Rains Off the Record Pat O'Brien Joan Blondell Bobby Jordan King of the Underworld Kay Francis Humphrey Bogart UNIVERSAL Little Tough Guys in Society (G) (C) Boland Auer Horton Strange Faces (G) i (D) Dorothea Kent Frank Jenks Andy Devine Secrets of a Nurse (G) (D) Helen Mack Edmund Lowe Swing, Sister, Swing Ken Murray Ghost Town Riders (O) Newsboys Home Jackie Cooper Wendy Barrie Last Warning Foster Jenks (G) (D) Son of Frankenstein Rathbone Honor of the West Bob Baker Gambling Ship Robert Wilcox Helen Mack You Can't Cheat an Honest Man W. C.f^Jds Edgar bSrgen Trade Winds (G) (D) Fredric March Joan Bennett Duke of West Point (G) (D) Louis Hayard Joan Fontaine Topper Takes a Trip (C) Roland Young Constance Bennett 20TH-FOX Submarine Patrol (G) (D) Richard Green Nancy Kelly Preston Foster (909) Road Demon (G) (D) Henry Arthur Joan Valerie Henry Armetta (918) Up the River (G) (C) Tony Martin Phyllis Brooks (924) Down on the Farm (G) (C) Jones Family (920) Thanks for Everything (G) (C) Menjou (917) Kentucky (G) (D) Loretta Young Richard Greene (923) While New ^ York Sleeps (G) (D) Michael Whalen (922) Charlie Chan in Honolulu (G) (D) Sidney Toler (928) Mr. Moto's Last Warning Lorre; Cortes Smiling Along Grade Fields Jesse James Tyrone Power Henry Fonda Nancy Kelly (921) RKO RADIO Peck's Bad Boy at the Circus Tom Kelly (G) (C) Next Time I Marry Lucille Ball James Ellison (910) Pacific Liner McLaglen Chester Morris Wendy Barrie CD) The Great Man Votes John Barrymore Peter Holden Boy Slaves Anne Shirley Roger Daniels Gunga Din McLaglen Cary Grant (Pre-release only) REPUBLIC Santa Fe Stampede (G) (O) Orphans of the Street Come On, Rangers (G) (O) Roy Rogers Mary Hart Western Jamboree (O) Gene Autry Smiley Burnette Red River Range 3 Mesquiteers Shine On, Harvest Moon Roy Rogers Mary Hart Federal Man Hunt Livingston Travis Fighting Thoroughbreds Ralph Byrd Mary Carlisle Robert Allen Mysterious Miss X Michael Whalen Mary Hart PARA. Say It in French (813) Arrest Bulldog Drummond Little Orphan Annie (G) (C) Ann Gillis Robert Kent (3814) Ride a Crooked Mile (G) (D) Farmer Tamiroff (3815) The Frontiersman (G) (O) William Boyd (3856) Tom Sawyer, Detective (G) (D) (3816) Artists and Models Abroad Jack Benny Joan Bennett (3817) King of Chinatown Anna May Wong Tamiroff Zaza Colbert Marshall Bert Lahr Disbarred Gail Patrick Otto Kruger Ambush Swarthout Paris Honeymoon Bing Crosby MONOGRAM Gang Bullets Anne Nag el (G) (D) Song of the Buckaroo (O) Tex Ritter I Am a Criminal (G) (D) John Carroll Mary Kornman Wild Horse Canyon (O) Jack Randall Tough Kid Frankie Darro Convict's Code Anne Nag el Robert Kent Drifting Westward (O) Jack Randall Sundown on the Prairie Tex Ritter M-G-M Out West with the Hardys (G) (D) Lewis Stone Mickey Rooney Flirting with Fate (G) (C) Joe E. Brown Leo Carrillo Dramatic School (A) (D) Rainer Goddard Alan Marshall A Christmas Carol (G) (D) Reginald Owen Terry Kilburn The Girl Downstairs Tone Goal Connolly Sweethearts (G) (M) MacDonald Nelson Eddy Stand Up and Fight Robert Taylor Wallace Beery Florence Rice Burn 'Em Up O'Connor Dennis O'Keefe Cecilia Parker Idiot's Delight Shearer Gable Four Girls in White Florence Rice COLUMBIA Blondie (G) (C) Penny Singleton Arthur Lake Terror of Tiny Town Jed Buell's Midgets oo ^ — S a Strange Case of Dr. Meade Jack Holt California Frontier (O) There's That Woman Again (G) (C) Douglas Bruce Smashing the Spy Ring Fay Wray Ralph Bellamy North of Shanghai Betty Furness James Craig The Thundering West (O) Starrett Meredith Frontiers of '49 (O) Bill Elliott DeAlcaniz Lone Wolf's Daughter Warren William Ida Lupino i $ z • Q w On Q Q ^ ♦ ON S vo SO ON •-» iH 1 g CO 1 £ « i <=> S IN Friday, December 30, 1938 MOTION PICTURE DAILY Pledges Films Will Promote Pride in U. S. (Continued from page 1) be maintained, predicting greater ex- penditures for production in 1939 than •ever before in industry history. ""he text of Schenck's address fol- % A "This coming year the motion pic- ture industry celebrates its Golden Jubilee. Fifty years ago motion pic- tures had their bare, experimental be- ginnings. Today the industry ranks among the five largest in the nation. "It is not by accident that the mov- ies have attained this position. It is due rather to the foresight, the courage and the unremitting labors af the men who laid the foundations and brought the industry into being. They created a business in which bil- lions are invested and from which millions benefit directly and indirectly. Their vision has enabled the industry to grow steadily greater. "Now it occupies a unique position in the American scheme of things. The motion picture screen is no longer merely a medium for mass entertain- ment. It is that first and foremost, of course. But it has become also the most effective salesman of Ameri- can products and the American way of life that the world has ever known. "Just how large a part the films play in the sale of American goods of every description in this country and abroad cannot be accurately judged. But that it is far reaching and tre- mendous no one who has studied the matter will deny. Therefore we feel that the Government should give this industry the utmost in encouragement and support. "In the past, the film industry has never permitted business recessions to keep it in check for long. Thus, though business conditions in the last half of 1938 were none too good, the industry plans greater expenditures for productions in 1939 than ever before in its history. "Americans have always been proud of the supremacy of their motion pic- tures throughout the world. It is our purpose in 1939 to maintain that su- premacy beyond question. "But we propose also during the coming year to make the American public more proud than ever of their nation, their history and the system of free government under which we are privileged to live. "We feel, too, that the world, now as never before, needs the things that the motion picture industry can give it — hope and cheer, the boon of laugh ter, and the comforting knowledge that freedom and liberty are not dead. "And so we of Hollywood look forward to the New Year of 1939 with renewed confidence, resolution and pride." Vaudeville Returns To Shea's, Toronto Toronto, Dec. 29. — After an absence of one year, vaude- ville has returned to the stage of Shea's Theatre, To- ronto, which has been looked upon as the home of big- time vaudeville programs for the past 35 years. Vaudeville replaces one feature on the previous double bill policy and there is no change in the admission scale. 'Memory at $6,500 Dents Capital Lull Theatre Building Active in Ontario At Close of Year /. A. Sisto Expelled By Stock Exchange J. A. Sisto, head of the Stock Ex change company bearing his name, was expelled from the exchange yes- terday. Sisto had at one time and another been connected financially in films. By W. M. GLADISH Toronto, Dec. 29.— Theatre build- ing activity throughout Ontario was pronounced as the year came to a close, with new projects opened or under way in all sections of the province. Three new houses are on the way in St. Catharines, a city of 25,000 where two theatres are already in operation. One is being built by H. Freedman, proprietor of the Circle, Toronto, and past president of the In- dependent Theatres Association; the second is being erected by Hanson Theatres Corp. and will seat 1,000, while the third is being built by Philip Kamin, hotel proprietor in St. Cath- arines. J. O. Scott, proprietor of the Weston in Weston, has opened the Riviera, at Prescott, Ont., and the Royal at Peterborough is being rebuilt at a cost of $40,000 and will be known as the New Centre. Premier Theatres, Ltd., has purchased a new site at Port Col- borne for a theatre to replace the Strand, which was destroyed by fire early in December. Hanson Theatres has started work on a 1,000-seat theatre at Dunnville which, with five stores, will cost $100,000. William Karp of Montreal is remodeling a structure in Ottawa for use as a theatre to seat 400, at cost of $20,000. A third theatre, seat- ing 465 persons, is being erected at Welland, Ont., by I. Grader, to be operated by 20th Century Theatres, Ltd., Toronto. The Andre at Cale- donia has been remodeled and enlarged by the owner, E. Anderson. In Toronto the work of rebuilding the National in the downtown section has been concluded by Thomas _ Walton owner, and the new house is known as the Rio. A new theatre is going up in North Toronto. Work has started on a new_ theatre at Sudbury, in northern Ontario, to be operated by J. Cohen of Toronto while new theatres were recently opened at Timmins and Ansonville in the North Country. Famous Players Canadian Corp., has opened a second theatre at Gait, a town of 15,000, where the company has operated the Capitol for many years. Washington, Dec. 29. — "Thanks for the Memory" was the only down- town attraction to make a dent in the pre-holiday lull. It pulled $6,500 at Loew's Columbia, top gross for the house in months. "The Citadel," in its second week at Loew's Palace, was the only other attraction to get into the profit column. Estimated takings for the week end- ing Dec. 22 : Christmas Carol" (M-G-M) LOEW'S CAPITOL — (3,434) (25c-6Sc) 7 days. Stage: Rex Weber, Cross & Dunn, Chester Hale Girls. Gross: $10,500. (Aver- age, $16,500) Thanks for the Memory" (Para.) LOEW'S COLUMBIA— (1,243) (25c-40c) days. Gross: $6,500. (Average, $4,200) "The Citadel" (U. A.) LOEW'S PALACE — (2,370) (25c-55c) 7 days, 2nd week. Gross: $11,800. (Average, $11,500) The Storm" (Univ.) RKO- KEITH'S — (1,836) (25c-40c) 7 days. Gross: $6,500. (Average, $10,000) "Heart of the North" (???) WARNERS' EARLE— (2,218) (25c-66c) 7 days. Stage: Gang Busters, Grace Drys- dale, Milt Douglas. Gross: $12,200. (Aver- age, $16,000) "Angels with Dirty Faces" (W. B.) WARNEjRS' METROPOLITAN— (1,591) (25c-40c) 7 days. Gross: $3,000. (Average, $4,000) B'way to Hail '39 Despite Cab Strike (Continued from page 1) A.M., the Music Hall at midnight, and the Roxy at 11:45 P.M. The Roxy will add a film show at 2 :30 A.M. All schedules with reference to screenings are subject to additions in the event business warrants. Yes- ferday, the Rialto started on an all night policy and will continue it over the holidays. The Rivoli, Criterion, Mayfair, Globe and Palace plan to remain open until dawn. The Capitol and Astor will start their last shows shortly after 2:30 A.M. Matinee crowds are thronging the box-offices and all houses are playing to capacity business throughout the day and evening shows. The cold spell appears to have had little effect and most are willing to brave the winds outside for more than an hour's wait. "Dawn Patrol" at the Strand and "Kentucky" at the Roxy grossed an estimated $55,000 each in their first week and both will continue. Friday through Sunday were off consider- ably, but subsequent holiday business brought both to top figures. Petti john Sees Way Open for Continued Negotiation on Pact Viewing the first draft of the dis- tributors' proposals for an industry trade practice program as "the great- est forward stride ever taken" by ex- hibition and distribution, C. C. Petti- john, general counsel of the M. P. P. D. A., expresses the opinion that the submission of the draft has not closed the door to further negotiations or efforts at clarification of the first pro- posals. In his year-end statement, Petti- john observes, "Although I have not been a party to those negotiations, I truly believe that every man partici- pating in them was striving for what he thought was right and helpful to the whole industry and destructive to nobody." "The net result, in my opinion," Pettijohn says, "has been the greatest stride forward that these two branches of the industry have ever taken. As I see the situation, the door has not been closed to anybody to ask for or to strive for further understandings fair to all parties concerned. Many well intentioned people do not fully comprehend the language which ex- presses this constructive step. Such language can easily be clarified so that all may understand it. "The distributors were asked to put in writing what they believed the un- derstanding to be. . . . If further nego- tiations are necessary on some phases, let us have them. Let the same men negotiate. ... If it now needs further clarification, let this clarification be forthcoming. Let us go into 1939 be- lieving in the sincerity and honesty of purpose of every man who had a part in those negotiations." 7 of 8 Operators in Local Out as Pickets Norman, Okla., Dec. 29. — Seven of Norman's eight motion picture oper- ators are picketing two downtown theatres, the Sooner and the Uni- versity. They are Peking a $25 sal- ary for a 35-hour week and they say they have attempted to negotiate with L. C. Griffith, president of the Griffith Amusement Co., which oper- ates three houses in Norman. Lester F. Hall, president of the local union, has requested that a three- man arbitration board be appointed to settle "differences" between the union and Griffith Amusement. M-G-M Buys 3 Stories M-G-M has acquired film rights to the musical, "Babes in Arms," by Richard Rogers and Lorenz Hart ; "Wings Over the Desert," by Har- old Buckley, and "Nickel Show," by Vera Caspary. Holiday Greetings LaHiff's TAV E R N The Industry's MEETING and EATING PLACE ★ ★ ★ ★ ★ I 56 West 48th Street New York MOTION PICTURE DAILY Friday, December 30, 1938 Film Stock Gain in 1938 $96,202,500 (Continued from page 1) The gains shown in the closing months of the year were registered in spite of the Government suit against major film companies. Kodak's $418,600,000 Eastman Kodak at Dec. 24, 1938, had a total market value of $418,600,- 000, compared with $369,150,000 at the end of 1937, and $402,500,000 and the close of 1936. Loew's, Inc., despite the stockhold- ers' action, gained $12,800,000 in market value during the year, to reach $84,800,000. The largest point gain was registered by Universal Pic- tures preferred, which rose from a 1937 close of 29 to 76 at Dec. 24, 1938. Other film stocks which showed marked gains on the big board in mar- ket value were 20th Century-Fox, up $9,000,000; 20th Century-Fox pre- ferred, up $7,625,000 ; Paramount, up $5,200,000, and General Theatre Equipment, up $2,175,000. Universal Pictures common, listed on the Curb Exchange, showed a sympathetic gain with the preferred stock on the big board, rising three points for the year. The bond market action in film se- curities was generally upward, the largest gain being registered by War- ner Brothers 6s, which are convertible into stock of the company next year. The bonds rose 17 points to a price slightly above 91. Paramount bond issues were strong, the convertible 3%s recording a gain of approxi- mately 16 points to about 87. Motion Picture Stocks in 1938 Radio- Keith-Orpheum stock and bonds definitely reflected the uncer- tainties during the year concerning the company's reorganization proceedings, the stock showing a loss of about two points for the year, while the bonds, at a price of about 70, were off almost eight points from the 1937 closing figure. Picture stocks took full share in the upward trend which followed the ad- journment of Congress, the market showing new highs for the year dur- ing the summer after declining from 33 to 75 per cent from the year's opening prices. HZJ* High and Low in Stock and Bond Trading for 5 Years 1934 to (Closing Prices Are as of December 24, 1938) New York Stock Exchange 1938 Stock and Dividends Sales Columbia Pictures vtc. (254% B)... 161,700 Columbia Pictures pfd. (2%) 9,100 Consolidated Film 62,300 Consolidated Film pfd. (1 C) 80,600 Eastman Kodak (6) 167,600 Eastman Kodak pfd. (6) 3,280 General Theatre Equip. (1) 102,100 Keith-Albee-Orpheum pfd. (8J4-) 450 Loew's, Inc. (3 A) 649,300 Loew's, Inc., pfd. (654) 9,800 Paramount 2,200,800 Paramount 1st pfd. (6) 42,200 Paramount 2nd pfd. (.60) 261,300 Pathe Film Corp 929,100 Radio-Keith-Orpheum (E) 890,500 20th Century-Fox (2) 797,500 20th Century-Fox pfd. (1%) 47,850 Universal Pictures pfd 5,140 Warner Brothers 1,341,400 Warner Brothers pfd. (F) 7,670 A — So far this year; B — Payable in stock; Stock and Dividend Columbia Pictures common. Grand National Films Monogram Pictures Sentry Safety Control Technicolor (1A) Trans-Lux DPS (.10 A).... Universal Pictures A — So far this year. Bond and Maturity Keith 6s '46 Loew's 354s '46 Paramount-Broadway 3s '55.. Paramount 6s, '55 Paramount cv. 354s '47 Uadio-Keith-Orpheum 6s '41. Warner Brothers cv. 6s, '39. High 19 35% m 1254 187 173 1654 91 6254 11154 1354 10154 135* 1454 5% 28% 38 83 8 45 Date Nov. 9 July 19 Oct. 24 Dec. 1 Nov. 10 Dec. 22 Nov. 7 Nov. 29 Nov. 12 Oct. 26 July 19 Dec. 16 July 20 Nov. Jan. 11 Nov. 12 July 19 Dec. 8, July 19 Aug. 6 Low 9 2754 1 454 12154 157 854 63 33 99 554 65 6% 354 154 165* 25/g 2754 354 20 Date Mar. 30 Apr. 1 Mar. 26 Mar. 25 Mar. 31 Jan. 5 Mar. 23 Apr. 5 Mar. 31 Dec. 17 Mar. 3 Mar. 26 Mar. 31 Mar. 30 Sept. 28 Mar. 29 Mar. 25 Mar. 30 Mar. 26 Mar. 26 Last 15 1054 182 173 15'/2 90 53 104/ 12% 9854 1254 1054 25* 2554 34 76 5% 39 Net Change + 3 + 1 unch. + 5 +2154 +17 + 35* +10 + 8 - 1 + 354 +1354 + 2 + 554 - m + 55* + 75* +47 - 5* + 5 High 3954 46/8 554 1854 198 164 3354 110 88% 110 2854 20054 2654 1054 105* 407/8 50 108 18 6954 1937 Low 10 2554 1 454 144 150 954 80 435* 9954 8J4 8054 8 4 254 1854 25 29 454 36 High 4554 5154 185 166 1936 Low 31 39/2 45* 1554 156 152 not listed 110 80 6554 wm 2354 170 2154 11% 10?* 3854 4754 115 185* 69 43 10454 75* 59 85* 65* 2254 315* 50 954 44 High 81 49?* 7/2 225* 17254 164 905* 555* 10854 12 10154 1454 85* 6 2454 32 73 1054 52 Low 3454 4354 354 1454 11054 141 34 3154 102 8 67 954 4% 154 13 245* 29 254 1454 C — Accumulated; E— In bankruptcy or receivership or reorganization; F — Unit of trading 10 shares. New York Curb Exchange 1S3S Bonds on Stock Exchange Comparison of Valuation of Stock Issues — 1937-38 Approx. Shares Listed 290,000 75,000 530.000 400,000 Stock Columbia Pictures vtc Columbia Pictures pfd Consolidated Film Consolidated Film pfd Eastman Kodak , 2,300,000 Eastman Kodak pfd 60.000 General Theatre Equip 600,000 Keith-Albee-Orpheum pfd 65,000 Loew's Inc 1,600.000 Loew's, Inc, pfd 140,000 Paramount 1,600,000 Paramount 1st pfd 250.000 Paramount 2nd pfd 650,000 Pathe Film Corp 600,000 Radio-Keith-Orpheum 1,400,000 20th Century-Fox 1,600,000 20th Century-Fox pfd 1,000,000 Universal Pictures pfd 20.000 Warner Brothers 3,900,000 Warner Brothers pfd 100.000 Close 1937 12 27 154 5/2 I6O54 156 11% 80 45 105'/2 95* 84-54 1054 5 4 197/g 265* 29 6 34 Valuation $3,480,000 2,025,000 861,250 2,200,000 369,150,000 9,360,000 7,125,000 5,200,000 72,000,000 14,770,000 15,400,000 21,187,500 6,825,000 3,000,000 5,600,000 31,800,000 26,315,000 580,000 23,400,000 3,400,000 $623,738,750 Close 1938 15 28 15* 1054 182 173 . 1554 90 53 10454 12% 9854 1254 10% 2% 2554 34 76 Valuation $4,350,000 2.100.000 861.250 4,200.000 418.600.000 10,380.000 9,300.000 5,850.000 84,800.000 14,630.000 20,600.000 24.562,500 8,125.000 6,450.000 2,975.000 40,800,000 34.000.000 1.520,000 21,937.500 3,900,000 $719,941,250 Net + 3 + 1 unch . + 5 +2154 +17 + 35* +10 + 8 — 1 + 3V* +1354 + 2 + 554 — 174 + 5% + 7% +47 — 5* + 5 1934 High Low 41% 2154 not listed 654 1% 2054 1054 11654 79 147 120 3754 37 105 not not not not 454 not not 4654 854 317* 20 20% 72 listed listed listed listed 154 listed listed 16% 254 15 Net 1937 1936 1935 1934 Sales High Low Last Change High Low High Low High Low High Low 125 16 1354 16 —13% 39 29 45 34 73 38 35 2454 183.200 15* % 3/16 —9/16 454 54 4% 25* not listed 91,500 3% % 154 154 + 54 2% 1 not 1 isted 14,500 3/16 3/16 - % 154 54 1% TA % 54 54 54 431,100 2654 1454 2154 + 454 34 14 3254 1754 27 11% 1454 7% 64,700 35* 154 154 - % 554 1% 554 354 4% ' 2 35* 15* 8.200 10 3 8 + 3 19 3% 1654 454 8 8 554 3 1938 Net 1937 1936 1935 1934 Sales High Lew Last Change High Low High Low High Low High Low $36,000 95 80 93 +1054 100 8254 100 92 9554 6754 7354 51 2.172,000 1025* 9454 9854 + 154 10154 9554 102 96 not isted 216,000 63 5654 5654 - 354 7554 59 73 55 63 54% 47 30 996,000 100 81 9954 + 1154 10554 88 10154 83 97% 8454 not listed 1,068,000 8754 57 87 +15% 9654 71 not listed 41 1854 1,344,000 81 52J4 6954 - 754 12654 75 122 63 8854 2654 6.096,000 9154 6354 91/2 +17 10054 70 10054 86 8954 4854 67 407/4 Change + $870,000 + 75,000 unch. + 2.000.000 +49,450.000 -I- 1,020,000 -)- 2,175,000 + 650,000 +12.800.000 — 140,000 + 5.200.000 + 3,375.000 + 1,300.000 + 3.450.000 — 2.625,000 + 9.000.000 + 7,625.000 + 940.000 — 1.462.500 + 500.000 +$96,202,500 Friday, December 30, 1938 MOTION PICTURE DAILY Charlie Mc Carthy Is Winner in Radio Poll (Continued from pane 1) undergone during the "20 critical days," it is inconceivable that they would have succumbed to the "Mar- tian" fright that the now memorable Welles broadcast induced. Crosby, Allen Named ^ "turning now to the "Champion of C npions" division, we find the force- ful and youthful Mercury Theatre leader in third place, a spectacular climb from his "not mentioned" place- ment last season. Below Welles is Bing Crosby, just nosed out of the third place groove, with Fred Allen in fifth place. And here, by the way, is a good place to indicate that the poll listings this year are to be confined to the first five artists in each division and not, as in previous contests, trailing with full complements of names. This is being done to make the roll more selective. Bing Crosby's unorthodox baritone apparently has perpetual appeal, for again Bing is a handy winner as the best vocalist, popular, in radio. His closest competitor — not too close — is Kenny Baker, with Nelson Eddy third, Rudy Valee fourth, and Frank Parker fifth. This is the third con- secutive year Bing has led this divi- sion. Eddy Leads Vocalists Indicating how frequency of appear- ance on a popular program builds per- sonality popularity, classical. Nelson Eddy leads radio's male vocalists, classical. The Charlie McCarthy pro- gram soloist noses out for top place Richard Crooks, star of the Firestone Hour series. Lawrence Tibbett, who has been abroad a great part of the year on a concert tour, is a strong runner-up. John Charles Thomas and John Carter trail in that order. Kath Smith is the titlist of the popu- lar songstress contingent, winning handily over Frances Langford, who last year upset Miss Smith's leader- ship. Appealing Connie Boswell fol- lows Miss Langford, with Jane Fro- man next and dusky-skinner and voiced Maxine Sullivan, who "rags" the standard American folk tunes, is in fifth place. Margaret Speaks Winner The first real upset occurs among the feminine classical singers. Ab- sence from the airways of such per- formers as Lily Pons, Jeanette Mac- Donald, Grace Moore and Jessica Dragonette has taken its toll, and con- sequently we find such regular radio performers as Margaret Speaks and Lucille Manners dominating the di- vision. Miss Speaks is the winner, with Miss Manners such a close sec- ond that only three votes separate them. Lily Pons is third and Kirsten Flagsted is fourth. Gladys Swarthout, who has been off the air for some time, closes the division in fifth place. Fred Allen seems perennially des- tined to run second to Jack Benny as the air's top comedian, and this is the way they finish again in 1938. Charlie McCarthy (or Edgar Bergen, take vour pick) is the third choice, with Eddie Cantor and Fibber McGee closing the quintet. Popularity of the "Babv Snooks" characterization on the MGM Hour has brought Fanny Brice to the top spot as the air's premier comedienne. In winning she supplants Gracie Allen, the titleholder in previous elections. Shouting Martha Raye is third, and Mary Livingston and Jane Ace follow. The dominant comedy team — try to displace them — are Burns and Allen, who annually take the votes in this division. Bergen and McCarthy is the number two team ; Jack Benny and Mary Livingstone, third ; Amos V Andy are fourth ; Fibber McGee and Molly, fifth. Select Lux Theatre The most popular dramatic series in radio is the Lux Radio Theatre, fol- lowed by Orson Welles' Mercury Theatre of the Air, One Man's Fam- ily, the Columbia Workshop, and Ed- ward G. Robinson's Big Town series. The Jell-o series, with Jack Benny, is ranked the best comedy program. Town Hall Tonight, with Fred Al- len, is second, taking the number two spot away from Amos 'n' Andy, whose program was ranked second in last season's poll. The Easy Aces are third, Fibber McGee's show is fourth, and Amos 'n' Andy come under the wire in fifth place. Votes for Bob Hope's show were coming in strong at the time the poll closed. Dance orchestras in this years's poll are divided into two divisions — popu- lar and swing. Orchestras of Guv Lombardo, Horace Heidt, Kay Kvser. Richard Himber, Hal Kemp and Eddie Duchin lead the popular orchestra brigade, with Duchin and Kemp tied for fifth place. The swing leaders are Benny Goodman, Tommy Dorsey, Kay Kyser, Art Shaw and Bob Crosby, finishing in that order. Vote for Toscanini The NBC Symphony over which maestro Toscanini resides is the out- standing choice as the best liked classical musical unit, with CBS's New York Philharmonic in second place. The Ford Symphony is third, the Philadelphia Orchestra fourth, and Frank Black's NBC Symphony fifth. Kay Kyser's engaging series, "Kol- lege of Musical Knowledge," scores as the best popular musical program, with the Fred Waring show in second place. The Hit Parade and Vallee shows are in a tie for third; Kraft Music Hall is fourth, and the Amer- ican Album of Familiar Music coupled with the Heidt Brigadiers, fifth. Ford Hour Leader Undoubtedly the program about to be listed here as the best classical musical series will occasion some sur- prise, for the choice is not, as one might conclude, the NBC Symphony with Toscanini. Rather, it is the Ford Sunday Evening Hour. It may appear especially surprising in view of the choice of Toscanini's Symphony as the best liked classical musical unit. Nevertheless, that is how the radio editors voted. The Ford Hour is first, the Toscanini series second, the New York Philharmonic broadcasts third, Firestone Hour fourth, and the Cities Service program fifth. Editors declared the best of the children's series to be Let's Pretend, a CBS sustaining program conducted by Nila Mack, CBS director of chil- dren's programs. The other four, in order, are Orphan Annie, Lone Ranger, Singing Lady, and American School. Lux Radio Theatre, the radio edi- tors have reiterated, is the best Holly- wood program radio has to offer. The "Theatre" seems to have taken root as the best all-time Hollywood series in radio. Now in its fifth year on the air, the Radio Theatre has fashioned a secure hold on affection of the nation's listeners. In 1938 — as you may expect in '39 and '40 — the program scores with even greater emphasis than in previous elections as the best Hollywood program as well as the best dramatic series. Presenting Hollywood There is, of course, an explanation for the "Theatre's" consistent popu- larity. The hour has oresented gla- morous Hollywood with creative imagination as well as a high stand- ard of showmanship. Recognizing that the radio audience is composed of film-minded listeners, the "The- atre" presents Hollywood in its most fascinating aspects from the stand- point of stars, the Material it selects for dramatization, and behind-the- scenes glimpses of the interesting Hol- lywood of reality. These are the fac- tors which have contributed toward winning for the Lux Radio Theatre millions more listeners than any other dramatic program in the history of radio. MGM's "Good News" is the second best film series on the air, according to the editors balloting. "Good News" is increasingly forging ahead as one of the best of the Hollywood offer- ings, and it promises to make its pres- ence felt even more forcibly as time elapses. The Chase and Sanborn Hour is third, Kraft Music Hall is fourth and Hollywood Hotel, now off the air and replaced by Orson Welles' show, is in fifth place. Don Wilson is by far the editors' nominee as radio's foremost announcer — a third straight win for Don in this poll. In order follow Ken Carpenter. Harry Von Zell, Milton Cross and Graham McNamee. Kaltenborn Leading Figure H. V. Kaltenborn is undoubtedly the radio personality of the year. Laboring importantly but obscurely at CBS as news analyst for a number of years, this season saw him emerge as the man to whom the entire country paid rapt attention as, during the critical 20 days preceding the Munich Pact, he brilliantly and accurately analyzed and interpreted the pulsating news from across the sea. He is the stand-out selection among commen- tators. Next in order are Lowell Thomas, Edwin C. Hill, Gabriel Heatter and Boake Carter. Ameche "Most Effective" Don Ameche is the choice of the editors as the most effective film player in radio. Closely following Ameche is Edward G. Robinson, now almost as great an attraction on the air as he is at the boxoffice, and fol- lowing, Bing Crosby, Frank Morgan, William Powell, and Charles Boyer, the two last-named equal choices.' Approximately 95 per cent of the editors who participated in the poll awarded to CBS the palm for provid- ing the year's best special events job, and, of course, the nomination was for the network's outstanding coverage of the Czech crisis. Significantly, the majority of the ballots bore the cita- tion— "CBS Czech coverage with Kal- tenborn." The handful of remaining citations in this division were for NBC's and Mutual's coverage by all the networks, and the handling of the Howard Hughes flight. Most painless commercial readings, the editors declare, are those heard on the Jell-o, Ford, Johnson Wax, Kraft, and the Sherwin-Williams "Metropolitan Opera Auditions of the Air" programs. The poll concludes with a special citation and award to "Information Please," the audience participation program now delighting listeners every Tuesday evening. Results in all classifications follow : Open Champions Charlie McCarthy Jack Benny Orson Welles Bing Crosby Fred Allen Vocalists: Male ( Popular) Bing Crosby Kenny Baker Nelson Eddy Rudy Vallee Frank Parker Vovalists: Male (Classical ) Nelson Eddy Richard Crooks Lawrence Tibbett John Charles Thomas John Carter Vocalists: Female (Popular ) Kate Smith Frances Langford Connie Boswell Jane Froman Maxine Sullivan Vocalists: Female ( Classical) Margaret Speaks Lucille Manners Lily Pons Kirsten Flagstad Gladys Swarthout Comedians Jack Benny Fred Allen Charlie McCarthy Eddie Cantor Fibber McGee Comediennes Fannie Brice Gracie Allen Martha Raye Mary Livingstone Jane Ace Comedy Teams Burns and Allen Bergen-McCarthy Benny-Livingstone Amos 'n' Andy Fibber McGee & Molly Dramatic Series Lux Radio Theatre Mercury Theatre One Man's Family Columbia Workshop Big Town (Continued on following page) RADIO MOTION PICTURE DAILY Friday, December 30, 1938 Charlie McCarthy Again Is Winner in Radio Editors' Poll (Continued from page 7) Comedy Series Jell-o, with Jack Benny Town Hall Tonight, Fred Allen Easy Aces Fibber McGee & Molly Amos 'n' Andy Dance Orchestras (Popular) Guy Lombardo Horace Heidt Kay Kyser Richard Himber Eddie Duchin Hal Kemp \Lle Dance Orchestras (Swing) Benny Goodman Tommy Dorsey Kay Kyser Art Shaw Bob Crosbv Orchestras (Classical) Toscanini's NBC Symphony New York Philharmonic Ford Symphony Philadelphia Orchestra Frank Black's NBC Symphony Musical Series (Classical) Ford Sunday Evening Hour Toscanini Program New York Philharmonic Broadcasts Firestone Hour Cities Service Concerts Childrens' Series Let's Pretend Orphan Annie Lone Ranger Singing Lady American School Film Programs Lux Radio Theatre M-G-M Good News Chase & Sanborn Hour Kraft Music Hall Hollywood Hotel Announcers Don Wilson Ken Carpenter Harry Von Zell Milton Cross Graham McNamee Commentators H. V. Kaltenborn Lowell Thomas Edwin C. Hill Gabriel Heatter Boake Carter Film Players on the Air Don Ameche Edward G. Robinson Bing Crosby Frank Morgan William Powell ] ~. Charles Boyer f ile Special Events Coverage CBS — Czech Crisis NBC— Czech Crisis Mutual — Czech Crisis New England Hurricane, Hughes and Corrigan flights, by all networks. Best Commercial Readings Jell-o Program Ford Sunday Program Johnson Wax Program Kraft Program Sherwin-Williams Program ► Radio Personals i NAN WYNN has been signed for a series of transcriptions for Gruen Watch, booked by Herb Rosenthal of CBS Artists Bureau. . . . The Radio Rubes start a personal appearance tour of theatres early in Januao', under the direction of Abe Feinberg. . . . Bea Wain returns to New York today from Hartford where she played a vaudeville date. . . . Jimmie Lunceford's band will be the guest unit at the 'Amateur Night in Harlem" program over WMCA, Jan. 4. . . . Muriel Wilson has been as- signed the lead in NBC's forthcom- ing operetta presentation of "The Gondoliers" Jan. 3. . . . Jackie Cooper will be guest star on Chase & San- born Sunday. . . . Vyvyan Donner of Movietone News will be interviewed by Polly Shedlove on the latter's morning program over WHN Jan. 4. Theodore M. Thompson of NBC's general service department goes in as administrative assistant to Walter G. Preston, director of educationanl pro- grams. . . . Del Sharbutt and Dan Sey- mour, CBS announcers, became fathers of girls this week. . . .Two new CBS announcers have joined the New York staff, Ted Reams coming from WRVA. Richmond, and Harry Clark from WTIC, Hartford. . . . They replace staff announcers Johnny Lang, who has been signed by RKO, and Bert Parks, who resigned to join the Eddie Cantor program as word-spieler and stooge. . . . Eddie DeLang's or- chestra will provide the musical set- tings on the new Phil Baker show. Purity Bakeries on WHN Another Year Purity Bakeries Corp. has renewed its contract over WHN for another 52 weeks of broadcasting. The ac- count was placed by Campbell-Mithun. National Motor Boat Show has contracted for participation in the "Early Bird" program over WHN, sponsorship starting Jan. 6. Charles J. Cutajar Advertising Co. placed the account. Other new WHN accounts are Mellquist Salon, Inc., a 52-week con- tract for participation in "Polly, the Shopper," through a placement by Frank Kiernan & Co., and Mirrolike Mfg. Co., a 52-week contract for par- ticipation in the same program, the latter contract through Fisher, Zea- land & Co. Macpherson on CBC Net Toronto, Dec. 29. — Roderick H. Macpherson, native of Ontario, one time pianist and organist in theatres of Ontario cities and now theatre organist of the British Broadcasting Corp., London, _ will be heard in a radio program_ in his native country for the first time on Jan. 2 over a scheduled program over the national network of the Canadian Broadcast- ing Corp. Laderoute on Met Show Cincinnati, Dec. 29. — Joseph Vic- tor Laderoute, talented young Cana- dian tenor, member of the WLW staff, will _ appear on the "Metropolitan Auditions of the Air" program over NBC Sunday. Foreign Programs Increase at NBC A new high in international broadcasts was established by NBC in 1938, the year's total of incoming short-wave programs, excluding Canada, being 574, an increase of more than 11 per cent over 1937. England is in the lead with a total of 125 broadcasts. Germany supplied 74, France, 47. Then follow: Peru, 40; Czechoslovakia, 39; Italy, 35; Switzerland, 17; Hungary, 11; Brazil, nine, and Argentina, eight. Buick Broadcasting Louis-Lewis Fight Buick Motor Co., continuing _ its sponsorship of heayweight champion- ship prize fights, has contracted to broadcast the blow-by-blow account of the bout between Joe Louis and John Henry Lewis from Madison Square Garden, Jan. 25. The broad- cast will be carried over both NBC net works, Blue and Red. Arthur Kudner agency placed the business. Renewed for another year of broad- casting on the NBC Red is Abe Ly- man's "Waltz Time" series, a Charles H. Phillips Co. feature for the past eight years. The renewal becomes effective Feb. 3. Blackett-Sample- Hummert is the agency. Still another renewal is "Smoke Dreams," spon- sored by H. Fendrick Co. over a split NBC Red network, emanating from WLW in Cincinnati. The renewal is for thirteen weeks effective Feb. 21 through Ruthrauff & Ryan. A new program, featuring a woman commentator, begins Jan. 14 over a split NBC network, sponsored by Vanette Hosiery Mills. Nine sta- tions will carry the program, Satur- days at 8:45 A. M. The contract, for thirteen weeks, was placed by the Grant Advertising Co. 2 New Stations Get Permits in Canada Montreal, Dec. 29. — Permits have been issued to two new radio stations by the Radio Division, Department of Transport at Ottawa. Rouyn-Noranda Radio Broadcasting Co. will erect a 100-watt station in the town of Rouyn operating 1,370 kilocycles with letters CKRN. The Daily Chronicle, Hali- fax, plans a 100-watt outlet. CHLT of La Tribune, Sherbrooke, was granted permission to increase from 100 to 250 watts on 1,210 kilocycles. B anner LINES ACTION about to be taken by L Gertrude Berg deserves emula- tion by other radio performers. Miss Berg, star of the "Rise of the Goldbergs," will make one of her rare appearances away from her own pro- gram on Jan. 6 when she plays a lead in the Mercury Theatre production of "Counsellor at Law," and she y'jt'o- nating her check to charitv. Vr ▼ Networks have been boasting for some time past about program im- provements during morning and after- noon hours. It's a canard. Grippe kept us home recently for 10 days, and the radio switch was open all day. We're confident that had the netzvork exploiters responsible for the improvement notes been with us while we listened, they would have crawled under a table in shame at what came out of the loudspeaker mornings and throughout the day. r Indicating that the Press Radio Bureau has been washed up, not a line of news came through yester- day on the Bureau's news tickers. T Louis Ruppel, new publicity di- rector of CBS, introduced himself to the press staff at a party at the New Weston last night. T // New Yorkers see a fat face in the Manhattan sky some time this afternoon, that'll be the image of Paul Whiteman. Whiteman, who is a great believer in publicity, has hired an avi- ator to smoke-draw the familiar caricature of Whiteman which has been the bandleader's trade mark for a dozen years. T Business is indeed good with the networks. During the past 10 days, 24 commercial programs have been renewed on NBC, and CBS is not far behind in the number of re- newals. At Mutual, business was never better. T Television caution note from Larry E. Gubb, president of Philco: "We're ' as ready for television as anyone. . . . But we do believe that during 1939, and even 1940 and '41, people should not, for television's own sake, be led to expect too much." — Jack Banner "Midget Theatre" on Air Cincinnati, Dec. 29.— WCKY will inaugurate a "Midget Theatre of the Air" Jan. 7, for a weekly Saturday broadcast. At Age 28 I Have a UNIQUE EXPERIENCE to SELL (My current position terminates February 1st owing to removal of offices to California.) Combining a knowledge of the world film market; exploitation and publicity, selling and distribution domestically and abroad; speaking 3 languages; production experience; an all around mo- tion picture man at your service. Box 806, MOTION PICTURE DAILY. Rockefeller Center, New York, N. Y. I