PRESENTED BY Scanned from the collections of The Library of Congress AL DIO-V1SUAL CONSERVATION at Tin- LIBRARY if CONGRESS Packard Campus for Audio Visual Conservation www.loc.gov/avconservation Motion Picture and Television Reading Room www . I oc . g o v/r r/m o p i c Recorded Sound Reference Center www.loc.gov/rr/record I The Leading Wthe Industry MOTION PICTURE DAILY Alert, Intelligent Faith fut'j i Service to'' the Industry in All Branches VOL. 36. NO. 77 NEW YORK, MONDAY, OCTOBER 1, 1934 TEN CENTS MPTOA Fight On Duals to Be Continued Kuykendall Predicts An Amendment to Code A fight to the finish on double fea- turing by the M. P. T. O. A. if and when the code is rewritten is indi- cated in the latest bulletin of the or- ganization, issued Saturday. Describing Code Authority's ruling that a theatre's clearance cannot be predicated on whether or not it em- ploys dual bills as "a short-sighted and regrettable one which has demor- alized exhibition in many cities and enables powerful buyers to 'hog the market' without overbuying," the M. (Continued on page 3) Kuykendall Expects Two or Three Units Two or three new units are ex- pected to be annexed to the M. P. T. O. A., Ed Kuykendall, president, stated Saturday. He would not give the exact locations because the asso- ciations have not definitely committed themselves to joining. Kuykendall said he is going to confer with ex- hibitor leaders in these units shortly. Discussing the M. P. T. O. A. stand on the music tax situation, Kuy- kendall declared that his organization will continue to organize exhibitors against the increased assessment by the society. "We are not going to quit fighting," the M. P. T. O. A. head said. "We are (Continued on page 3) Broadway Takes Off Generally for Week Broadway grosses generally were weak last week, the Capitol taking a nosedive with Jackie Cooper and Ed Sullivan on the stage with "Death on the Diamond" on the screen. Intake for the week was $37,640, which is just about average. The initial week of "Chu Chin Chow" garnered $32,600 at the Roxy. "Affairs of Cellini," winding up a third week at the Rivoli, took in $15,- 000. "The Richest Girl in the World" at the Music Hall got around $70,000 for the week. N. C. Grosses Total $4,100,000 in 1933 Washington, Sept. 30. — Box-office receipts of 184 North Carolina the- atres last year totaled $4,100,000, ac- cording to the Census Bureau. Pay- (Continued on page 6) Ban 7 Changes Weekly Kansas City, Sept. 30. — Seven features weekly are too many for an exhibitor if his opposition is short of product, the local griev- ance board ruled in awarding J. E. Whitten, Gem Theatre, Neo- desha, Kan., 71 features from Glenn Klock of the Klock, same town. Tesimony showed Klock had been running double and triple bills, plus shorts, in an attempt to fulfill his contracts with Fox, M-G-M, Vitagraph, Paramount, Universal, Columbia, Radio and some independents. The board found that while Klock had been operating on this policy for some time and though his 1934-35 contracts had been signed prior to the time Whitten began operating the Gem, in all fairness to the complainant as well as to the distributors, Klock should confine his operations to five or six changes weekly. Grosses Only Measure for Pay — Cantor Real talent in the industry is rare and should be adequately rewarded, declares Eddie Cantor. Regardless of the basis of compensation, whether it is percentage, weekly salary or a flat figure per picture, it should be com- mensurate with the artist's ability, he insisted. Cantor's remarks were made upon his arrival here yesterday from the coast with his family. Commenting on the proposed royalty (Continued on page 3) Interfaith Group Will Review Work The interfaith committee, formed several months ago during the crusade for clean films, is scheduled to meet shortly to discuss whether or not Will H. Hays, president of the M. P. P. D. A., has kept his pledge to reform the industry. Right Rev. Monsignor Michael J. Lavelle, vicar general of the Roman Catholic archdiocese of New York, (Continued on page 6) Sc & C. Dates Key to Local Product Deal Springer & Cocalis now hold the key to the RKO-Loew-Fox-Columbia- Universal product situation locally. Loew completed its negotiations with RKO about three weeks ago and left the matter of clearances of Fox prod- uct, which it is transferring to RKO, up to Skouras and Ranforce, two in- dependent circuits holding 10-year franchises. The first move made by Skouras was to pool the Academy with RKO's (Continued on page 6) Selling Plans Up At 1st Div. Meet Future sales policies, new produc- tion plans and exchange expansion highlighted talks by Harry H. Thomas, president; Nicholas Lud- ington, William M. L. Fiske, 3rd, Charles Rosenzweig, Al Friedlander and Julius Chapman at the First Di- vision convention held at the Park Central over the week-end. Thomas assured the men that First (Continued on page 2) Russians to Make 80 for Next Season, Rapf States Returning from a two months' sur- vey of film and theatre conditions in Russia, Maurice Rapf, son of Harry, who is an M-G-M executive producer, says Russia is far behind us but their picture business is on a sound basis, more unified in control, and run by the Communist party which has a cen- tral committee to control policies of the various production units. He says Russia plans 80 pictures for (Continued on page 3) Lease Clause May Be Taken From the Code Campi Legal Committee In Favor of Move A move has been started to with- draw from the code Article V, Section E, Part 6, dealing with interference with leases of theatres. A recommendation for removal of the clause was made by Campi's legal committee at a hearing last Thursday and protracted arguments between dis- tributors and exhibitors followed. Before a vote could be taken, mem- bers of the body decided to table the question until the next session, Oct. 11. Independent exhibitors are under- stood to be strongly in favor of re- taining the clause since it is regarded as a protection from outside interests which may attempt to oust unaffiliated (Continued on page 3) Yamins' Analysis of Sales Pacts Held Up Due to differences of opinion on Nathan Yamins' report analyzing standard contracts in force this season by major distributors, the legal com- mittee has decided to hold another meeting for discussion of the various points brought out by Yamins before submitting the analysis to Campi for action. Code Authority has been receiving complaints that distributors are vio- lating the code by certain clauses in (Continued on page 3) Coast Group in for Campi Conferences Ben Berinstein, Harry Hicks and five other California exhibitors ar- rived yesterday from the coast to confer with Ed Kuykendall and to attend the clearance and zoning hear- ing for this territory. Jack Miller of Associated Exhibi- tors' Ass'n. of Chicago is expected in town within the next few days. Sign Writers* Wage Talks Resume Today Week-end conferences between sign contractors and circuit representatives on the 10 per cent wage increase de- manded by Local 230, N. Y. Sign Writers' Union, failed to effect a set- tlement and will be resumed today. Sign writers are threatening a strike vote in the event their scale is not increased from $13.20 to $14.70 per day. MOTION PICTURE DAILY Monday, October I, 1934 MOTION PICTURE DAILY (Registered U. S. Patent Office) Vol. 36 October 1, 1934 No. 77 Martin Quigley Editor-in-Chief and Publisher MAURICE KANN Editor JAMES A. CRON Advertising Manager Published daily except Sunday and holi- days by Motion Picture Daily, Inc., sub- sidiary of Quigley Publications, Inc., Martin Quigley, President; Colvin Brown, Vice-President and Treasurer. Publication Office: 1790 Broadway. New York. Telephone Circle 7-3100. Cable ad- dress "Quigpubco, New York." All con- tents copyrighted 1934 by Motion Picture Daily, Inc. Address all correspondence to the New York Office. Other Quigley pub- icatiW MOTION PICTURE HERALD BETTER THEATRES, THE MOTION PICTURE ALMANAC and THE CHI CAGOAN. , „ ■ tt Hollywood Bureau: Postal Union Life Building, Vine and Yucca Streets, Victor M. Shapiro, Manager; Chicago Bureau: 407 South Dearborn Street, Edwin S. Clif- ford, Manager; London Bureau: Remo House, 310 Regent St., London, W. L Bruce Allan, Representative. Cable address: "Quigpubco, London"; Berlin Bureau: Berlin-Tempelhof, Kaiserin-Augustastrasse 28, Joachim K. Rutenberg, Representative; Paris Bureau: 19, Rue de la Cour-des- Noues, Pierre Autre, Representative; Rome Bureau: Viale Gorizia, Vittorio Malpassutt, Representative; Sydney Bureau: 102 Sus- sex Street, Cliff Holt, Representative; Mex- ico City Bureau: Apartado 269, James Lockhart, Representative; Glasgow Bureau: 86 Dundrennan Road, G. Holmes, Repre- sentative; Budapest Bureau: 3, Kaplar-u, Budapest, II, Endre Hevesi, Representa- tive; Moscow Bureau: Civtzev Vrazhek, N. 25, Apart. 146, Moscow, U. S. S. R., Bella Kashin, Representative. Cable address: Samrod, Moscow. Entered as second class matter, January 4 1926, at the Post Office at New York City, N. Y., under Act of March 3, 1879. Subscription rates per year; $6 in the Americas, except Canada $15 and foreign $12. Single copies: 10 cents. Warner Will Start Four Big Specials Hollywood, Sept. 30. — Upon his re- turn here Saturday, Jack L. Warner, vice-president in charge of production for Warner-First National, said the company would put four big specials into work immediately on a budget representing about $4,000,000 for the quartette. The pictures will be: "Gold Dig- gers of 1935," "Sweet Music," with Rudy Vallee, "Casino de Paree," headed by Al Jolson and Ruby Keeler, and "Devil Dogs of the Air," teaming James Cagney and Pat O'Brien. Audio Closes New Deal Audio Prod., Inc., has completed a deal for distribution of a series of six films produced by the Cinelog Corp. under the supervision of Lorenzo Del Riccio, according to a joint statement of W. A. Bach, president of Audio, and Harry H. Thomas, president of First Division Exchanges. The six films will be known as the "Thrilling Journeys" series. ! ! ! BARG Al N ! ! ! 1200 USED SQUAB SEATS OPERA CHAIRS 5 ply inserted panel locks in excellent condition. Must sell for cash. SACRIFICE. P. F. Masucci, Para. Bldg., N.Y.C. Trading Light on Big Board Net Columbia Pictures, vtc 35^6 Eastman Kodak 99J4 Eastman Kodak, pfd 141/ Fox Film "A" 12/ Loew's, Inc 29/ M-G-M, pfd 25 Paramount Publix, cts 4J^ Pathe Exchange 1%£ Pathe Exchange "A" 13/ RKO Warner Bros. 2/ 35 99% 141/ 12/ 28/ 25 454 m 13% Close Change Sales 35^ — lA 500 9934 200 141/ —IV2 20 12A 300 29%. + H 1,200 25 +1 100 4/ - % 1,200 134 100 13/8 - % 200 2Vs 200 5% 2,900 Technicolor Off XA on Curb Net Technicolor General Theatre Equipment 6s Loew's 6s '41, ww deb rights... Paramount Broadway 5/s '51.. Paramount F. L. 6s '47 Paramount Publix 5/s, '50 Pathe 7s '37 ww Warner Bros. 6s '39 \vd '40. High Low Close Change Sales . 12/ 12'A 12/ - 54 100 2 2 2 100 y Bonds Off 1 Net High Low Close Change Sales • 634 634 634 + Vt 2 101j4 10134 10134 4 . 41/ 41/ 41/ —1 5 . 60 59/ 5934 10 . 60J4 60 6034 + Ya 28 . 98 98 98 1 . 61 6034 61 - / 18 Selling Plans Up At 1st Div. Meet 'Continued from page 1) Division would be in every key cen- ter within the next few months. He also spoke on the type of product the reorganized company planned. Fried- lander talked on exploitation. In addition, Budd Rogers, general sales manager for Liberty, which First Division is releasing in a number of territories, spoke on the 12 pictures his company is producing this season. Louis Hyman, executive of Sol Les- ser's company, talked on "Chandu." Several Audio shorts were screened Saturday, including "Musical Moods," "Thrilling Journeys," "Mexican Idyll" and "Old Faithful Speaks." After the screening in Erpi's projec- tion room in the Fisk Building, Gar O'Neill, E. S. Gregg and W. A. Bach spoke to the men. Features shown were "Schools for Girls," "Curtain Falls" and "Return of Chandu." A dinner was held at the Casino de Paree Saturday night when "Hei Tiki" rings and bracelets were dis- tributed in conjunction with an ex- ploitation campaign on a special of that name being handled by First Division. The convention adjourned yesterday after Thomas gave a final talk on the aims and ideals of the company. He stated four major pictures are slated for production by First Division with top-notch writers, casts and directors. About 60 branch managers, sales- men, bookers and home office repre- sentatives attended the three-day ses- sion. Churchill Does Script London, Sept. 30. — Winston Church- ill, former chancellor of the ex- chequer, has written the scenario for Alexander Korda's forthcoming fea- ture, "The Reign of King George V." The film is to be released next year during King George's silver jubilee. Cohan Gives a Party George M. Cohan threw a surprise cocktail party at the Eastern Service Studios last Saturday for members of the "Gambling" unit. Fox Renews on Fetchit Hollywood, Sept. 30. — Fox has taken up its option on Stepin Fetchit's contract. Stuart Takes New Post Herschel Stuart takes over his new post as director of advertising, pub- licity and exploitation at Columbia today. George Brown, whom he suc- ceeds, has gone into an executive post at the Biow advertising agency. Brown will be guest of honor at a farewell luncheon in the M. P. Club tomorrow. Charter Col. of India Dover, Sept. 30. — Columbia Films of India, Ltd., was chartered here to deal in films, etc., listing capital of $10,000. The incorporators are Max Seligman, Richard Philpitt and Floyd Weber, Prentice-Hall, Inc., of Dela- ware, is the agent for the company. < Purely Personal ► JOHN BOLES, who recently com- pleted work in "The White Parade" for Fox, arrived in town Sat- urday with Mrs Boles, his first visit here in seven years. He will be here about four weeks. Adolph Pollak, president of Show- craft Pictures, plans to leave for Hol- lywood next week. He recently re- turned from a quick trip to the coast. Anna May Wong is in New York from Hollywood and will attend a showing of "Chu Chin Chow" at the Roxy tomorrow. Ed Finney is in Providence for the opening of "Girl of the Limberlost" at the Strand. Barney Rosenthal of the St. Louis Monogram exchange is in town con- ferring with W. Ray Johnston. Steve Brodie of the Boston Mono- gram exchange is also in town. Rene Robert, Fox fashion designer, sailed Saturday on the lie de France. Pauline Lord has arrived from the coast. Colonel Levy in Town Col. Fred Levy of Louisville is in town for a week. He arrived Satur- day to confer with Sol Lesser before the latter sailed for England. Brandt in Newark House Newark, Sept. 30. — Harry Brandt is understood to have closed a deal to take over the Shubert, now playing Italian films. "A thousand pardons, officer, but there's Happiness Ahead9 Monday, October I, 1934 MOTION PICTURE DAILY Lease Clause May Be Taken From the Code (Continued from page 1) theatre owners from properties being operated by them. The leasing clause has been one which has been regarded by some Campi members as full of grief. In many instances where cases have come up before appeal boards involving interference with peaceful operation of theatres Campi has played a hands-off policy and dismissed the complaints. This has happened in several instances with the result that court action has been taken by those involved. If Campi passes the recommenda- tion by a majority vote, the NRA in Washington must first approve the resolution before it can be taken out of the code. This, it is held by some exhibitors, may be opposed. Second Bank Night Is Banned in Omaha Omaha, Sept. 30. — The second bank night case to be heard by the local grievance board has been adjudged a violation and a stop order has been issued against Gus ZafFries, manager of the West, Sioux City, Iowa. The complaint was filed by Nathan Dax, manager of the Hipp. The board also found that P. E. Johnson of Stuart, Neb., had not com- pleted a transfer of his theatre in order to avoid a contract as charged by RKO Distributing Corp. It was disclosed that Johnson had merely made an agreement with the lessee allowing him 10 per cent of the gross for running the house. Under the board ruling Johnson must fulfill his RKO contract. Distributors were warned by the grievance board to stop picture ser- vice to G. K. Werner, Fairfield, Neb., because he has ignored rulings of the board to stop reduced admissions. The order is effective next Friday. Des Moines, Sept. 30. — Bank nights have been ruled unfair competition in two cases brought here. Lester F. Martin, executive secretary for Allied of Iowa and Nebraska, appeared for the respondents, as representative of Affiliated Distributors, Inc. T. W. Thompson of the Rex, Fair- field, was complainant against Louis Gaines of the Orpheum at Fairfield, and C. W. Roskopf of the Casino, Marshalltown, was complainant against Don Thornberg, Strand, Marshall- town. Gaines says he will appeal to Campi. Lichtman Third Man On Zone Committee Because of his wide experience, Al Lichtman, vice-president and general sales manager of United Artists, has been unanimously appointed by Campi as a member of the clearance and zoning committee. He makes the third member, George J. Schaefer and Charles L. O'Reilly having previously been named to the committee. In making the selection, Code Au- thority feels that Lichtman's advice on clearance and zoning problems is of great value. Lichtman has agreed to serve. Russians to Make 80 for Next Season, Rapf States Grosses Only Measure for Pay — Cantor (Continued from page 1) plan for studio talent, which has re- ceived intermittent discussion in pro- duction circles, Cantor said the method of compensation was not as important as the rate of compensation. 'After all," he declared, "the box- office draw should be the only measur- ing stick for talent. For instance, Goldwyn pays me a percentage of everything that comes in at the box- office. "Who can arbitrarily estimate what a Mae West is worth, save by what she draws at the box-office? Some players are paid $800 weekly who should be paid $8,000, and the oppo- site is also true." Asked about the reported possibility that Division Administrator Sol A. Rosenblatt may recommend a royalty plan, Cantor commented that anything he might say would be only one man's opinion. May Confer With Rosenblatt "Producers know what they are do- ing," he continued. "Talent is ruled by the old law of supply and demand. That's why they pay Fritz Kreisler so much — because there are so many Rubinoffs." Cantor said that while he is in the east he may confer with Rosenblatt with whom he discussed the salary sit- uation for two days while Rosenblatt was on the coast the last time. Cantor is to make personal appear- ances with "Kid Millions," scheduled to open at the Rivoli Nov. 6 or 7. He also will appear in Pittsburgh and Baltimore at the openings. After completion of his coffee hour radio contract in two months he in- tends to take his family to London, where he will keep his promise to appear at benefits for London hos- pitals, and at another for German- Jewish relief. He will remain abroad for two months. When he returns he will broadcast on the Pebeco hour. Yamins' Analysis of Sales Pacts Held Up (Continued from page 1) contracts. Yamins was delegated to make a study of the various pacts. The legal committee met last week at the M. P. Club, but disagreed on the re- port, which was to have been sub- mitted to Campi. It is expected that the report will be ready by the Oct. 11 authority session. Vallee on Coast Oct. 8 Hollywood, Sept. 30. — -Rudy Vallee and his band will report here at Warners Oct. 8 to begin work in "Sweet Music" at the Burbank studio. Alice White and Robert Arm- strong have been signed for the cast. (Continued from page 1) the coming season and the heads of all studios are gathered by the central committee and assigned pictures. Where the committee feels one studio can make a certain type of picture bet- ter than another, this studio is given the script. There are six studios. Rapf states each studio has a busi- ness manager whose principal worry is getting the money from the govern- ment for each picture. Unit managers line up directors, stars and writers. Directors, scenarists and composers work on a royalty basis, he says. In addition to a small remuneration, each of the three principals gets three- quarters of one per cent of the gross on every picture. The life of a pic- ture runs from seven to eight years and these men continuously get royal- ties as the grosses are checked in. Appear in Few Films Stars, or players, get fabulous sal- aries because it is rare that a player is seen in more than one picture in two years. The Russians do not be- lieve in star power. Producers call upon the layman or studio help to por- tray characters in pictures if they are suited for the roles. Experience is not essential, Rapf says. Actors and act- resses are paid by the day. Russia has to import its film, he avers, and most of it is from Germany and America. He added more Amer- ican stock is being bought now than ever before. Because film is scarce, producers must use one of every three feet of film shot. Discussing new product, Rapf states the big hit of the year in Russia is a picture on the Chelyuskin Expedition in the Arctic. It's in eight reels and in chronological form, something on the type of the Byrd Antarctic film made by Paramount. "The Road to Life" is now in its fifth year and has about three more to go before it com- pletes the round of all Russian theatres. Film on Lenin's Life "Three Songs of Lenin" is the latest picture made. It is based on the life of the Russian leader. The producers are working on a new idea, Rapf says. They are making "Gulliver's Travels" with dolls as the cast. Only one human being is in the picture, which will be eight reels in length. A new academy is being built which will house a school for training students interested in film and theatre work. The structure will also have a film laboratory. The site is on the Volga river. The new laboratory will solve a lot of film problems for Rus- sia, Rapf predicts. "The Treachery of Marvin Blake," which is known in America as "Cabin in the Cotton," is the only American film being shown in Russia. It has been cut in half and subtitles are dubbed in. Comedies are rare and are only put on when the feature is short. Film theatres, as well as legitimate houses, have intermissions. All film houses have reserved seats. He says most of the picture theatres are in poor condition and cannot be compared to the legitimate theatres. MPTOA Fight On Duals to Be Continued (Continued from page 1) P. T. O. A. bulletin declares that the ruling will "eventually destroy many small exhibitors unless it is modified." "When the code is rewritten," the bulletin continues, "this question (duals) will have to be threshed out or it will slowly strangle the business, as well as bring on another wave of indignation against the movies. It is unfortunate that some producers will let their greed for the immediate dol- lar wreck the business by thwarting efforts to curb the evil of this form of cut-throat competition," the bulletin states. Legislative activity against the American Society of Composers, Au- thors and Publishers to prevent music tax assessments is urged upon ex- hibitors by M. P. T. O. A. as the most important step that can be taken individually. The bulletin points out that anti-trust suits against the music licensing organization have failed in the past because of inability to dem- onstrate that interstate commerce was involved, as these actions were tried in the silent picture era, Now, it states, neither the music nor the words can be reproduced without the positive print which circulates in interstate commerce. Touches on A.S.C.A.P. Action The bulletin observes that if the Federal suit pending against A. S. C. A. P. is unsuccessful a film suit can always be instituted against the so- ciety. M. P. T. O. A. re-states its block booking policy, based on a straight 15 per cent cancellation privilege. The bulletin also warns exhibitors against relaxing efforts to maintain programs of discrimination and prudent public relations in the face of a decline hi publicity on the church campaign. It cites the probability of legislative and tax moves against the industry in com- ing sessions of legislative bodies and urges an organized exhibitor front to oppose them on their appearance. The bulletin also touches upon loans to theatre owners through the Fed- eral Housing Administration, which, it sets forth, may be obtained in amounts up to $2,000 for repairs and improvements of a permanent nature. It is stated that no applications for loans are considered if taxes on the property are not paid, or, in most in- stances, if there are interest arrears on mortgages. Kuykendall Expects Two or Three Units (Continued from page 1) willing to go along on a reasonable and fair basis, but the society won't even talk about it." Kuykendall plans to leave for Mem- phis Thursday to attend the annual convention on Oct. 7-8 of the M. P. T. O. of Arkansas, Mississippi and Tennessee. He recently returned from Atlanta where he spoke at the G. F. T. A. Independent Theatre Owners' Ass'n session. Kuykendall stated busi- ness in the South is very good and exhibitors are optimistic. In other parts of the country, he said, business is spotty. [Ml CHIN [ the Orient who Uve ft*1' vh°m A Sultans for ^htaV W itTtoW^ 0S:» her'. tCfusedherlov hctlghtto Spectacular Pro- ,Vi and »P* , Mu«c - The ^ »«'s Most " Adventure'. Screen** intrigue1- A° one of *e into ducuon'.M^^^oven Great ^ thaCasto-- Kottner May IS r tOMtHS.. .^OHBWf^ cwaizaoon'. Victim* 2 . Barbarous RUTH & g** RNES ttOOV SINGERS THERS If- ^.^-s Mammoth Bagdad s fhou- T^Prthe\r Masters in sands of Slaves and the. Oriental Revels^ ONLY PICTURE IN ROXY FOR FLAT 2 WEEKS OCTOBER RELEASE. G. B. SALES FORCE AT ALL FOX WRECKING ROXY RECORDS • • • PRtSS and CHIMES JUDGMENT TTTSTARS" 'THREE * *J:n.y. d**- * pretentious "M0St Joettacle'." screen spec* *w„ N. v. a— ;«« sets and "Stunning * i« lavish prod^tio n y Journa, .,,1 spectacuiar, robust. 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J. Twining was re-elected chairman of the papers and programs commit- tee. Flash Reviews The Curtain Falls- entertainment for houses. . . . . . acceptable neighborhood A Successful Failure — An entertain- ing melodrama designed for family appeal. . . . The Man from Hell — . . . may prove mildly entertaining to the youngsters. . . . These films will be reviewed in full in a later issue of Motion Picture Daily. Col. Sales 25% Above 1933, Says Montague Kansas City, Oct. 1. — Columbia sales this year are running 25 per cent ahead of last year, Abe Mon- tague, the company's sales head, said here tonight on his way back to New York. Today he was guest of Max Roth, Columbia district manager, at a Variety Club luncheon. Late this evening Montague left for Chicago to make preparations for the openine of "One Night of Love" at the B. & K. Chicago there on Oct. 19. In addition to Roth, Montague con- ferred today with Harry Taylor, Col- umbia branch manager. Montague said opposition to duals on the coast was petering out. He asserted that the Legion of Decency influence seemed to be strong in the Para. Claims Up To $154,047,735 (Continued from paae 1) and deemed filed under Section 77-B of the bankruptcy act and the new claims filed in the latter proceeding, exclusive of duplications, up to Sept. 15, 1934, according to a recent calcu- lation made by counsel for the Para- mount trustees, is $154,047,735.82. This figure includes a large number of claims which have been filed in amount believed to be considerably higher than those at which such claims will be finally liquidated." M-G-M Drops Plans On 'Wandering Jew' (Continued from page 1) distribution rights, will send the pic- ture back to Twickenham Studios in England without showing it in a the- atre here. Phil Meyer of General Pictures Ex- change held the territorial contract for Xew York, which likewise was sold to M-G-M. No other territory was sold. In releasing M-G-M from the con- tract, William Shapiro, president of Franklin, and Meyer do not receive any money in the settlement other than the expense incurred through ad- vance fees, duty, legal fees and other disbursements involved in the nego- tiation. Mayer, however, loses a mini- mum of $12,500 against anticipated earnings, in settling rather than have the picture go out after Rabbi Ste- phen Wise and a rabbinical committee recommended not showing it in the United States. Industry Heads at Luncheon for Nizer Industry leaders yesterday paid tribute to Louis Nizer at a luncheon in his honor at the M. P. Club. Among those who spoke were Will H. Hays, Dr. A. H. Giannini, Harry M. Warner, Al Lichtman, Felix F. Feist, Hal Home, Phil Baker and the guest of honor. Jack Alicoate, publisher of Film Daily, was toastmaster. In addition to speakers, sitting on the dais were. Jules E. Brulatour. David Bernstein. Albert Warner and Jack Cohn. About 200 attended. Deny Saenger Listings Washington, Oct. 1. — In one of the first moves on taking over super- vision of stock exchanges throughout the country, the Securities Exchange Commis'sion has refused registration and listing priviliges to Saenger The- atres, Inc., certificates for deposit for first mortgage and collateral trust sinking fund 6 per cent gold bonds. Applications for listing of the Saen- ger bonds is understood to have been in line with reorganization plans re- cently completed. New Orleans, Oct. 1. — Saenger officials here will not comment on the Washington story whereby the exchange commission has refused to allow listing of 6 per cent bonds. Middle West but hardly so on the coast. Montague expects to be in New York Wednesday after an absence from the home office of four weeks. The Leading Picture Industry MOTION PICTURE DAILY Alert, Intelligent Faith fut| 1 Service to* the Industry in All Branches VOL. 36. NO- 79 NEW YORK, WEDNESDAY, OCTOBER 3, 1934 TEN CENTS Pliila. Agog Over Warner Theatre Yarn H. M. Warner Denies Buy For Own Operation Philadelphia, Oct. 2. — Film and real estate circles were agog this morning following publication of a story to the effect that Harry M. Warner had bought the Pennsylvania- Publix Theatres here. There are four of them, the Tower and Nixon in West Philadelphia and the Frankford and Roosevelt in Frankford. According to the story, the purchase price was $1,645,000 to be paid mainly to the estates of William Friehofer and Fred G. Nixon-Nirdlinger. The original story said that Warner had bought the houses for personal (Continued on page 12) No British Quota Jump Planned Now London, Oct. 2. — No increase in the amount of British film footage which exhibitors are required to show under the quota law is called for during the coming year under the exhibitors' quota schedule. The annual schedules expire each (Continued on page 12) Universal Booming, Grainger Goes West With Universal's sales to date 100 per cent ahead of any identical per- iod in any other year in its history and the first six 1934-35 releases in the exchanges, James R. Grainger, general sales manager, left for the coast yesterday on a "clean up" sales trip. He will stop at Chicago, then head straight for San Francisco, take in other important coast cities and spend two weeks at the studio. The return east, about five weeks hence will be made via Dallas and New Orleans. Indies Here For Fight on L. A. Zoning Claim Indirect Ban on Duals Is Included LONDON REPORTS BIP BUYING G-B Alleged efforts of the Los Angeles board to put into the schedule an in- direct ban on duals will be fought today by independent producers and distributors when the plan comes be- fore an appeal body at Campi head- quarters. I. E. Chadwick, representing in- dependent producers, stated yesterday that the board had camouflaged the dual ban, but it is still in the sched- ule after Campi had ordered all ref- erence to twin bills withdrawn. He also declared that the board is trying to eliminate previews and regulate the showing of independent product. The independent leader denounced the clause in the schedule which (Continued on page 12) Seals Are Awarded To 19 More Films Hollywood, Oct. 2. — A total of eight features and 11 shorts received certificates of approval from the Pro- duction Code Administration during a period of 10 days ending Sept. 26, making a grand total of 149 features and 141 shorts cleared since the new administration went into effect July 15. Certificates for features handed out to the various companies during the past 10 days were : Fox and Radio. (Continued on page 12) ASCAP Ready To Consider Compromises An exhibitor delegation is sched- uled to meet today with E. C. Mills, general manager of the American So- ciety of Composers, Authors & Pub- lishers, presumably to discuss a com- promise on the new schedule of music taxes placed in effect on Monday by the society. Mills stated yesterday that any rea- sonable compromise reaching the so- ciety would be given consideration and recalled that he had suggested such a move to exhibitors when the new rate schedule was first announced about two months ago. Distributors Given Warning on Scales Letters have been sent out to all film exchanges warning them that Code Authority has unanimously voted to ban the practice of permitting ex- hibitors to charge scales below those specified in contracts. A letter signed by John C. Flinn executive secretary, points out that Campi has received complaints that distributors have consented to lower scales after cases have been decided by local boards. This is ruled an un- fair trade practice and distributors (Continued on page 12) Reorganization of FWC To Proceed in 2 Weeks Harry Cohn Coming To New York Oct. 9 Hollywood, Oct. 2. — Harry Cohn will leave here in time to attend a meeting of Columbia stockholders in New York on Oct. 9. At that time seven directors will be elected and contracts of Harry and Jack Cohn will be ratified. These have three years to run as of July 1, 1934. Reorganization of Fox West Coast will proceed within the next two weeks as a result of the refusal yes- terday of the U. S. Circuit Court of Appeals here to permit the reopening of the agreement by which large Paramount Publix claims against F. W. C. were settled. The F. W. C. reorganization has been held in abeyance pending the Federal court's action on a petition to reopen the Paramount claims' settle- ment, which was brought last August by Samuel Zirn, attorney for a small group of Paramount bondholders. The plan of settlement had been ap- proved earlier by the U. S. District Court here. Plans are now being made for a sale of Fox West Coast assets at fore- closure. A new company, controlled by Chase National Bank and Fox Film, the principal creditors of F. W. C., will bid in the assets at the foreclosure sale. The reorganization plan itself, which goes into effect shortly thereafter, will not disturb the (Continued on page 12) Woolf, Maxwell Admit Conversations Are In Progress By BRUCE ALLAN London, Oct. 2. — The London press today delved into the reports known to a few here on the Gaumont British- British International situation and published stories declaring the re- ported move was for BIP to purchase control of G-B. John Maxwell of BIP and C. M. Woolf, one of the joint managing directors of G-B, for the first time admit conversations have been taking place, thereby lending additional strength to the initial story of the negotiations which first appeared in Motion Picture Daily on Sept. 26. This correspondent learned today that probably the chief remaining dif- ficulty is not terms, which are said to (Continued on page 6) GFTA Decides Upon Allied Affiliation Atlanta, Oct. 2.— The G. F. T. A. Theatres Ass'n voted unanimously to- day at the second session of its con- vention to affiliate with Allied. Sidney Samuelson, Allied head, and Col. H. A. Cole of Texas attended the sessions. An expansion campaign was author- ized and it was decided to start an aggressive move to protect members from adverse legislation. Mayer Heading Film Group on the Paris Louis B. Mayer, production head of M-G-Mj and Mrs. Mayer will head a group of film notables arriving today on the Paris. Others among the pas- sengers are Constance Bennett and her husband, Marquis Henri de la Falaise de Coudraye; Benita Hume, English star, coming for the opening (Continued on page 7) First Division Gets Two Western Series First Division has signed for four Hoot Gibson and six Rex Bell west- erns to be distributed internationally next season. Gibson will produce his own pictures while Al Mannon will make the Bell westerns. In addition, the company will han- dle 24 "Musical Moods" shorts made (Continued on page 12) MOTION PICTURE DAILY Wednesday, October 3, 1934 MOTION PICTURE DAILY (Registered U. S. Patent Office) Vol. 36 October 3, 1934 No. 79 Martin Quigley Editor-in-Chief and Publisher MAURICE KANN Editor JAMES A. CRON Advertising Manager Published daily except Sunday and holi- days by Motion Picture Daily, Inc., sub- sidiary of Quigley Publications, Inc., Martin Quigley, President; Colvin Brown, Vice-President and Treasurer. Publication Office: 1790 Broadway, New York. Telephone Circle 7-3100. Cable ad- dress "Quigpubco, New York." All con- tents copyrighted 1934 by Motion Picture Daily, Inc. Address all correspondence to the New York Office. Other Quigley pub- lications: MOTION PICTURE HERALD, BETTER THEATRES, THE MOTION PICTURE ALMANAC and THE CHI- CAGOAN. Hollywood Bureau: Postal Union Life Building, Vine and Yucca Streets, Victor M. Shapiro, Manager; Chicago Bureau: 407 South Dearborn Street, Edwin S. Clif- ford, Manager; London Bureau: Remo House, 310 Regent St., London, W. 1, Bruce Allan, Representative. Cable address: "Quigpubco, London"; Berlin Bureau: Berlin-Tempelhof , Kaiserin-Augustastrasse 28, Joachim K. Rutcnberg, Representative; Paris Bureau: 19, Rue de la Cour-des- Noues, Pierre Autre, Representative; Rome Bureau: Viale Gorizia, Vittorio Malpassuti, Representative; Sydney Bureau: 102 Sus- sex Street, Cliff Holt, Representative; Mex- ico City Bureau: Apartado 269, James Lockhart, Representative; Glasgow Bureau: 86 Dundrennan Road, G. Holmes, Repre- sentative; Budapest Bureau: 3, Kaplar-u, Budapest, II, Endre Hevesi, Representa- tive; Moscow Bureau: Civtzev Vrazhek, N. 25, Apart. 146, Moscow, U. S. S. R., Bella Kashin, Representative. Cable address: Samrod, Moscow. Entered as second class matter, January 4, 1926, at the Post Office at New York City, N. Y., under Act of March 3, 1879. Subscription rates per year; $6 in the Americas, except Canada $15 and foreign $12. Single copies: 10 cents. Sign Painters Win 10% Wage Increases Theatre sign contractors yesterday granted the 10 per cent wage increase asked by Local 230, N. Y. Sign Writers' Union, although the con- tractors themselves have not yet reached an agrement with circuits on rate increases which would absorb the increase in wages. The agreement between the con- tractors and sign writers resulted in the latter returning to work in a num- ber of shops where walkouts had al- ready occurred. Circuit representa- tives said yesterday that a final meet- ing with contractors would be held today. Pickford on Air Today Hollywood, Oct. 2. — Mary Pick- ford will make her initial broadcast for Standard Brands at 5 o'clock Pacific Standard Time tomorrow. She will head what is claimed to be the first dramatic stock company. The first will be an adaptation of "The Church Mouse," with Gale Gordon, Jeannette Nolan, Theodore Osborn, Crauford Kent and James Eagles in the cast. V. E. Harrison to Sail V. E. Harrison, managing director of the V. E. H. Cinemas, Ltd., is here with his wife from England. They plan to sail for home on Sat- urday. Columbia Up7/8on Big Board High Low Close Columbia Pictures, vtc 35A 3454 Consolidated Film Industries 3 3 3 Consolidated Film Industries, pfd 1354 1354 1354 Eastman Kodak 99^ 99Vz 99J4 Eastman Kodak, pfd 141 141 141 Fox Film "A" 1154 11J4 11^ Loew's Inc 2SJ4 27}4 28 Paramount Publix 4J4 V/t 454 Pathe Exchange 154 1}4 \\i Pathe Exchange "A" 13 12% 12% RKO 2H 2V» 254 Warner Bros 5 4?4 4% Trans Lux Off Vs on Curb Net Change + % -1 + 54 + % +"Vt Technicolor Trans Lux V/% Net High Low Close Change 12Vi 12 12J/£ 1-8 Warner Bonds Gain iy2 Points .'High Low Close General Theatre Equipment 6s '40 654 654 654 Keith B. F. 6s '46 62'A 62'A 62'A Loew's 6s '41, ww deb rights 10V/2 10154 10154 Paramount F. L. 6s '47 6054 5954 6054 Paramount Publix 554s '50 6054 60 6054 Pathe 7s '37, ww 98 98 98 RKO 6s '41, pp 3154 3154 3154 Warner Bros. 6s '39, wd 6054 59 6054 Net Change + A + A +1 +1 + A +1/2 Sales 300 300 200 300 4,000 1,000 1,400 4,100 700 600 200 2,900 Sales 300 100 Sales 1 1 3 12 14 1 1 Reception for Munro C. E. Munro, managing director of Fox theatre interests in Australia, who is in New York for conferences, was guest at a reception in the N. Y. Athletic Club last night. Among those present were : S. R. Kent, Winfield Sheehan, W. C. Michel, Sydney Towell, W. Eadie, Truman Talley, Laurence Stallings, Felix Jenkins, E. P. Kilroe, Hunter Lovelace, John D. Clark, William Clark, C. P. Sheehan, Roger Ferri, Charles E. McCarthy, Arch Reeve, Earl Wingart, James Clark, Clarence Hill, W. J. Kupper, E. C. Collins, Jack Sichelman, Nat Finkler, Harry Lawrenson, Frank Harris, Louis Hyman, Sam Fox, Leonard Greene, Harvey Day, E. W. Ham- mons, Al Boyd, Mark Ostrer, Jeffrey Bernerd, Michael Balcon, Arthur Lee, George Weeks, Lou Guimond, I. A. Maas, M. L. Ahern, A. T. Stromberg and Max Goosman. Chadwick Talks to Hays I. E. Chadwick yesterday conferred with Will H. Hays, Gabriel Hess and Vincent G. Hart on the production code as it affects independents. As a representative of independent produc- ers, Chadwick yesterday stated that all independent pictures produced since Aug. 15, about 20, have been passed by Joseph I. Breen. He says his mem- bers are unanimously cooperating on the production code. Two Fox Players III Hollywood, Oct. 2. — Illness of two featured players is holding up pro- duction at Fox. Richard Arlen's eye infection has forced a suspension of work on "Helldorado." On "East River" shooting is being done around Vic McLaglen, who is in a hospital with laryngitis. Spain in Film Drive Madrid, Oct. 2. — In emulation of the United States, Spain has started a movement against objectionable films and literature. El Debatte, the country's leading Catholic organ, is extremely active in the drive. Final League Ball Game The final game in the M. P. Base- ball League will be played today be- tween Erpi and NBC at the Dyckman Oval. Brown Luncheon Guest George Brown, retiring advertising, publicity and exploitation head of Columbia, was tendered a luncheon by his former associates at the M. P. Club yesterday. He was given a walk- ing cane as a gift. Pilgrim to Open Soon Trio-Consolidated opens the Pil- grim, 1,000-seat house at Buhre and Westchester Aves., Bronx, around Nov. 1. Bullitt Impressed By Russian Picture By BELLA KASHrN Moscow, Oct. 2. — American Am- bassador William C. Bullitt and Lord Passfield (Sidney Webb, British Laborite) were guests at a private showing of Director Dzega Viertov's documental film, "Three Songs of Lenin," at the Mezhrapom Studio. The film has no actors and is de- scribed as Russia's highest point in dramatic art in recent years. Bullitt has this to say about it: "Have rarely been more moved by any work of art — the film is superb. It gives an overwhelming impression of the power of the human will to break through all obstacles and to create new forms of life." "Three Songs of Lenin" is the first film which expresses the part played by the Bolshevik leader Lenin in the history of Soviet Russia. The film is made up of authentic newsreel ma- terial taken from Soviet archives and has most of the existing cinema docu- ments about Lenin's life, including a fragment of his voice that has been recorded by dictaphone. DuWorld Increases List DuWorld has increased its schedule of imported films from 20 to 40, ac- cording to Irving Shapiro, general manager. Heading the list is "The Man Who Changed His Name," pro- duced by Julius Hagan, Twickenham Studios, London. Others set so far are one from Ireland, three French features, and one Polish. "Cheer up, sir— there's HAPPINESS AHEAD" ) (n^ cUlcj DOLORS Tja P)lO Wtjexjfiu JLrft?i41a CaMCfsatcjM vtUcl\ ^TflABAtK DU BMW With Reginald Owen. Verree Teasdale. Victor Jory. Osgood Perkins. Directed by William Dieterle. BARR BLINDFOLD TEST! Pick any city at random and you '11 get a RAVE! (and a NEW Boxoffice recordf) AND JUST WHEN YOU THOUGHT YOUR BOX- OFFICE RECORDS WERE CHAINED FOREVER- WHOOPEE! ALONG COMES ANOTHER HAPPY M-G-M HIT! HOORAY! ^ NEW YORK DAILY NEWS * * * * (Four Stars) -"Magnificently and sensitively portrayed by Norma Shearer, Fredric March, Charles Laughton. Stars of 'Barretts of Wimpole Street' in triple triumph!" ^ HARRISBURG TELEGRAPH— "Already on our Ten Best of 1934' list. In all probability it will be voted THE BEST picture of the year..." * RICHMOND N E W S - L EA D ER_ 1 'Undoubtedly one of the outstanding screen productions of the year, both for sheer beauty and from the standpoint of individual performances ..." ^ HOUSTON PRESS_ "Picture is certain to enter all lists of the 'best 10' for 1934 . . . one of the finest efforts yet made at a civilized use of the screen... is artistically thrilling and highly entertaining... a motion picture no lover of the movies can afford to miss ..." * LOUISVILLE HERALD-POST_«A vivid, vital and perfect production..." ■ * PROVIDENCE NEWS-TRIBUNE—" CAN TRULY FEEL THE JOY AND THRILL AND HEARTACHE . . . of this plucky youngster .... as he fights for his father's love against his scheming aunt and his sly, sniveling cousin! Jackie Cooper PECK'S BAD BOY THOMAS JACKIE 0. P. H DOROTHY MEIGHAN S E A R L E 6 G I E PETERSON A Sol Lesser Production Directed by Edward F. Cline Screen play by Bernard Schubert and Marguerite Roberts MOTION PICTURE DAILY Wednesday, October 3, 1934 "Barretts" Is Capital's Hit With $21,000 Washington, Oct. 2. — "The Bar- retts of Wimpole Street" got off to a flying start at Loew's Palace last week, leaping over average $5,500 for a total gross of $21,000. This was exceptional in view of the good business done elsewhere. "De- sirable," at $20,200, was over the line by $2,600. "Servants' Entrance" _ and a stage show for the seventh anniver- sary were strong at $22,000 in Loew's Fox. "Chained," "Million Dollar Ransom" and "The Case of the Howl- ing Dog" also shared in the general prosperity. Total first run business was $88,200. Average is $74,900. Estimated takings, exclusive of tax : Week Ending Sept. 26: "MILLION DOLLAR RANSOM" (Univ.) RIALTO— (1,864), 25c-75c, 7 days. Gross: $3,700. (Average, $3,700) Week Ending Sept. 27: "DESIRABLE" (Warners) EARLE — (2,218), 25c-77c, 7 days. Stage: Dick Powell, Albertina Rasch Girls. Marty Collins & Harry Peterson, Raye & Sun- shine, Mary Williams & Jack Myers. Gross: $20,200. (Average. $17,600) "CHAINED" (M-G-M) LOEW'S COLUMBIA— (1,264), 25c-40c. 7 days (return engagement). Gross: $4,000 (Average. $3,100) "SERVANTS' ENTRANCE" (Fox) LOEW'S FOX— (3,434), 25c-66c, 7 days Stage: Seventh Anniversary, with Arthur Godfrey, rh.c; Yascha Bunchuk, Pat Rooney, Pat Rooney III, Herman Timberg, Herman Timberg. Jr., and local artists and dancing ensemble. Gross: $22,000. (Aver age, $20,500) "THE BARRETTS OF WIMPOLE STREET" (M-G-M) LOEW'S PALACE— (2.370), 3Sc-75c. davs. Gross: $21,000. (Average, $14,500) "THE CASE OF THE HOWLING DOG" (Warners) METROPOLITAN — (1,591), 25c-40c, 7 days. Gross: $6,500. (Average, $4.1001 "THE COUNT OF MONTE CRISTO" (U.A.) RKO -KEITH'S — (1,836). 25c-55c, 7 days 2nd week. Gross: $10,800. (Average $11,400) Hollywood Personals Hollywood, Oct. 2. — Anna Sten to an unknown destination for a two-week vacation . . . Viola Knapp, Joe Shea's secretary at Fox, has resigned . . . Shea brought back a load of hay fever from New York . . . Stan Laurel and Oliver Hardy have been invited to be guests at next year's World Fair in San Diego . . . Maurice Goldberg, well known New York photographer, shooting Shirley Temple for a Vanity Fair layout . . . Sigfried Ruman spotted in "East River" by Fox . . . Erie Kenton will direct "The Depths Below" for Columbia . . . Peggy Wood has arrived by plane for a role in "Right to Live" at Warners . . . William Gargan sails from England Saturday on the Olympic . . . Travis Banton is busy designing fall wardrobes for Claudette Colbert, Carole Lombard, and Elissa Landi . . . Madge Evans has a new LaSalle. "Barretts" $7,500 Indianapolis Lead Indianapolis, Oct. 2. — Practically the only theatre excitement in town last week was at the Palace where "The Barretts of Wimpole Street" piled up $7,500. This leaves the $4,500 average for the house away behind. "The Fountain" was also in the money at $4,500, and "The Case of the Howling Dog" was good for a normal $6,000, but "British Agent" and "The Count of Monte Cristo" failed to make much of an impression. Total first run business was $25,500. Average is $24,000. Estimated takings for the week end- ing Sept. 29: "THE COUNT OF MONTE CRISTO" (Fox) APOLLO— (1,171), 25c-40c, 7 days. Gross: $2,500. (Average. $2,500) "THE FOUNTAIN" (Radio) CIRCLE— (2.638), 25c-40c, 7 days. Gross: $4,500. (Average, $4,000) "BRITISH AGENT" (F.N.) INDIANA— (3,133), 25c-40c, 7 days. Gross: $5,000. (Average. $7,000) "THE CASE OF THE HOWLING DOG" (Warners) LYRIC— (1,896). 25c-40c, 7 days. Vaude- ville. Gross: $6,000. (Average. $6,000) "THE BARRETTS OF WIMPOLE STREET" (M-G-M) PALACE— (2,431). 25c-40c, 7 days. Gross: $7,500. (Average, $4,500) "Barretts" Up In Cleveland; Gets $15,000 Cleveland, Oct. 2. — "The Barretts of Wimpole Street" was the big box- office noise of last week here. It grossed $15,000, or above average by $5,000 at Loew's State. "Servants' Entrance" was also a strong draw, getting $7,000 at War- ners' Hippodrome, and "Crime With- out Passion" was $1,000 on the profit side with a take of $5,000 at Loew's Stillman. Total first run business was $39,000. Average is $33,000. Estimated takings for the week end- ing Sept. 28 : "THE CAT'S PAW" (Fox) (2nd run) ALLEN — (3,300), 20c-30c-40c, 3 days. Gross: $2,100. Average for 7 days, $3,000) "DOWN TO THEIR LAST YACHT" ALLEN — (3,300), 20c-30c-40c, 4 days. Gross: $1,500. "SERVANTS' ENTRANCE" (Fox) WARNERS' HIPPODROME — (3,800), 30c-35c-44c. 7 days. Gross: $7,000. (Aver- age, $6,000) "AGE OF INNOCENCE" (Radio) RKO PALACE— (3,100). 30c-35c-44c, 7 days. Gross: $8,000. (Average, $10,000) "BARRETTS OF WIMPOLE STREET" (M-G-M) LOEW'S STATE— (3,400), 30c-35c-44c, 7 days. Gross: $15,000. (Average, $10,000) "CRIME WITHOUT PASSION" (Para.) LOEW'S STILLMAN— (1,900), 20c-30c- 40c, 7 days. Gross: $5,000. (Average, $4,000) "Belle" Gets Big $19,000, Frisco's Best Kuykendall to Talk At SMPE Convention Ed Kuykendall, head of the M. P. T. O. A., and Mrs. Frances Taylor Patterson, director of photoplay ap- preciation at Columbia University, will be the principal speakers at the first day of the S.M.P.E. convention start- ing at the Hotel Pennsylvania Oct. 29. Dr. F. B. Jewett, vice-president of A. T. & T. and president of the Bell Telephone Laboratories, will be one of the speakers at the closing banquet of the convention on Oct. 31. Kuykendall leaves tomorrow for Memphis, where he will talk to Tri- State exhibitors at their convention, Oct. 7-8. From there he will go to New Orleans to address the National Hotel Owners convention, Oct. 10. On Oct. 12 he will be in Oklahoma City, where he will address another exhibitor meeting. Kuykendall plans to be in Dallas on Oct. 14 for a meeting of Texas exhibitors. San Francisco, Oct. 2. — "Belle of the Nineties" made this section Mae West conscious last week to the tune of $19,000 at the Paramount. Aver- age is $11,000. "Affairs of Cellini" pulled in the cash customers $9,000 worth at the United Artists, and "Dames" had an average $6,000 at the St. Francis. "Servants' Entrance" took a normal $23,000 at the Warfield, but business elsewhere was nothing to get excited about. Total first run business was $83,800. Average is $84,000. Estimated takings : Week Ending Sept. 24: "LETS TRY AGAIN" (Radio) GOLDEN GATE— (2,800), 25c-35c-40c, 7 days. Stage, band. Gross: $11,000. (Aver- age, $13,000) Week Ending Sept. 25: "CRIME WITHOUT PASSION" (Para.) "HAVE A HEART" (M-G-M) FOX— (4,600), 15c-30c-40c, 7 days. Gross: $10,000. (Average. $12,000) "BELLE OF THE NINETIES" (Para.) PARAMOUNT— (2.670). 15c-25c-35c-65c, 7 days. Gross: $19,000. (Average, $11,000) "SERVANTS' ENTRANCE" (Fox) WARFIELD— (2,700). 25c-35c-55c-65c, 7 days. Stage, vaudeville, band. Gross: $23,000. (Average, $23,000) Week Ending Sept. 25: "ONE NIGHT OF LOVE" (Col.) ORPHEUM — (3.000). 15c -30c -35c -40c, 7 davs. 4th week. Gross: $7,000. (Average, $9,000) "DAMES" (Warners) ST. FRANCIS— (1,400). 15c-35c-55c-65c, 7 days. Gross: $6,000. (Average. $8,000) "AFFAIRS OF CELLINI" (U.A) UNITED ARTISTS— (1,200). 15c-35c-55c. Ohio Sale Tax Idea Is Gaining in Favor Columbus, O., Oct. 2. — The gen- eral sales tax, five times defeated by the present legislature, has been given a new impetus through withdrawal of protest by the Ohio Council of Re- tail Merchants, which heretofore has vigorously opposed the measure and been largely responsible for its failure of passage. The organization has a modified plan. While the details have not been made public, it is said to meet the ap- proval of Governor White and his confreres, and will be the dominating factor of the mid-November session of the General Assembly. Meanwhile, exhibitors are more hopeful for the ultimate passage of the sales impost, or its eauivalent, as they figure the present 10 per cent admission tax will be abrogated. "Cristo" Gets Good $8,500 In Pittsburgh Pittsburgh, Oct. 2. — The biggest thing in town last week and probably the outstanding surprise of the year was "The Count of Monte Cristo." It did $8,500 for that house's best business since "The Private Life of Henry VIII" and was held a second week. At the Stanley, "One Night of Love" at $12,000 did about ?3,000 above average. "Servants' Entrance" at the Alvin was another picture that topped average, but was nevertheless disappointing at $6,000. At the Penn, "Death on the Dia- mond," with Ben Bernie's band on the stage, did only $18,000, about $4,000 below par, while the Pitt, with vaudeville, and "Name the Woman" likewise dropped below par at $5,400. Total grosses in six first runs were $54,500. Average is $51,500. Estimated takings for the week end- ing Sept. 27 : "SERVANTS' ENTRANCE" (Fox) ALVIN — (2,000), 25c-40c, 6 days. Gross: $6,000. (Average, $5,000) "COUNT OF MONTE CRISTO" (U.A.) FULTON— (1,750). 15c-40c, 6 days. Gross: $8,500. (Average, $4,500) "DEATH ON THE DIAMOND" (M-G-M) PENN— (3,300), 25c-75c, 6 days. Stage: Ben Bernie's band. Gross: $18,000. (Aver- age, $22,000) "NAME THE WOMAN" (Col.) PITT— (1,600). 15c-35c, 6 days. Vaude- ville. Gross: $5,400. (Average, $6,000) "ONE NIGHT OF LOVE" (Col.) STANLEY — (3,600), 25c-50c, 6 days. Gross: $12,000. (Average, $9,000) "CASE OF THE HOWLING DOG" (Warners) "GREAT FLIRTATION" (Para.) WARNER — (2,000), 25c-40c, 6 days. Gross: $4,600. (Average, $5,000) "Belle" Montreal Hit with $13,500 Montreal, Oct. 2. — The big houses went over the top in a big way last week, the leader being the Palace with $13,500 for "Belle of the Nineties," as compared with par of $11,000. Loew's was in the big money class with $12,500 for "Their Big Mo- ments" and a stage bill, while the Capitol rated S9,5O0 with "Of Human Bondage." "Down to Their Last Yacht" brought $7,500 to the Prin- cess, all of the above being well above average. Total business was $47,000. Average is $43,000. Estimated takings for the week end- ing Sept. 29 : "OF HUMAN BONDAGE" (Radio) "BACHELOR BAIT" (Radio) CAPITOL— (2.547), 25c-35c-40c-50c-60c, 7 days. Gross: $9,500. (Average. $9,000) "HAT. COAT AND GLOVE" (Radio) "THE MOONSTONE" (Monogram) IMPERIAL— (1.914), 25c-40c-50c, 7 days. Gross: $4,000. (Average. $6,500) "THEIR BIG MOMENT" (Radio) LOEW'S— (3.115), 29c-34c-40c-57c-75c. 7 days. Stage: Buck and Bubbles in Harlem on Parade. Gross: S12.500. (Average. $10,500) "BELLE OF THE NINETIES" (Para.) PALACE— (2.600). 34c-40c-50c-60c-75c. 7 davs. Gross: $13,500. (Average. S11.000) "DOWN TO THEIR LAST YACHT" (Radio) "IF I WERE FREE" (Radio) PRINCESS— (2.272). 25c-35c-50c-65c, _ 7 davs. Added: Ross-McLarnin fight pic- tures. Gross: $7,500. (Average, $6,000) xtoiiing in inc All over America the Laugh Panic is on! Audiences that used to sit on their hands are now blistering them with ap- plause ! They laugh till they cry, then cry for more ! There never was anything like it! DUMB-BELL LETTERS, that dippy-daffy-delirious collection of guaranteed genuine bottled in the booby -hatch nut mail, is one reel of con- centrated howls that is stealing the show everywhere. PANIC IN PORTLAND! "Thought you would be interested to learn that the audience reaction to DUMB-BELL LETTERS has been excellent This subject me or ine™ - - .. . „0UT atteniw can be used to advantage an any fTogTam tnQt I am happy to call t Arthur L. as it urtll brighten up any shoui." A Goodside, Empire Theatre, ^£ m _ Portland. Maine. 1^. Hf% ^9 l^a«of .^-Director, owls that is stealing the show everywhere. (if I ^^^3^^^ New * 01 -"Hit, J***. Wkuded lert^e mZe never ru-n ^"TeWc VAN BEUREN ' PRODUCTION' rW«um Theafre RKO-RAD 10 'PICTURE' 12 MOTION PICTURE DAILY Wednesday, October 3, 1934 Indies Here For Fight on L. A. Zoning (Continued from page 1) states that unless a picture has a first run it cannot be released until 35 days after availability set by dis- tributors. He also added that in- dependents cannot release two pic- tures a week on the coast, which is unheard of. It is understood Edward Golden, general sales manager of Monogram, and Louis Nizer, who defended inde- pendents at the hearing on the Mil- waukee schedule when duals were the main topic, will be ready to fight pro- ponents of the schedule. Among those here from the coast to attend the hearing are Jack Mil- stein, M-G-M branch manager in Los Angeles ; Harry Chotiner, Ben Berinstein and Harry Hicks. Every attempt will be made to fight provisions in the schedule which do not conform with the code, one ex- hibitor stated. "We want a workable schedule and we want it quick. Buy- ing is being held up on the coast until the clearance plan is set," he said. In addition to the coast men, sales heads of the various major and in- dependent organizations will attend the session today. Admissions, it is stated, are not one of the major issues in this sched- ule. Independents hold that if the schedule is passed, it will drive out the small producer and exchange man. Carthage Clearance Is Set at 120 Days Albany, Oct. 2. — The protest of Minrose Amusement Corp., operator of the State, Carthage, N. Y., against the clearance held by Schine's Strand, that town, over second runs, has been disposed of by the clearance and zoning board. The decision was that first runs should have 120 days' clearance. After hearing the complaint of Wil- liam C. Smalley, operator of Smalley's Hamilton, Hamilton, N. Y., against the Glove City Amusement Co., Inc., Gloversville, the grievance board, sit- ting as an industrial adjustment agency, has passed the case up to Campi. Distributors Given Warning on Scales (Continued from page 1) are warned that "any agreement be- tween an exhibitor and a distributor subsequent to the filing of a complaint or to a decision which would legalize the violation shall be considered a distinctly unfair practice." Reorganization of FWC To Proceed in 2 Weeks Sale to Do 6 for M-G-M Hollywood, Oct. 2. — Charles "Chic" Sale will make six more one-reel nov- elties for M-G-M, although he is under contract to Hal Roach. (Continued from page 1) present F. W. C. operating setup in any material way. The election of Sidney R. Kent, Fox president, to the presidency of the reorganized F. W. C. company, contemplated in the plan, is regarded as one of its most important provisions. Refusal of the Circuit Court of Ap- peals to hear Zirn's appeal on the settlement also permits Paramount to proceed with its F. W. C. agreement. Paramount's claims against the circuit arose out of alleged defaults by F. W. C. of 1930 leases on seven Pacific Coast theatres which it sublet from Paramount. The theatres involved are the St. Francis, Paramount and California at San Francisco ; Para- mount at Oakland ; Paramount and Rialto at Portland, and Paramount, Seattle. Under the terms of the settlement F. W. C. takes new 10-year leases on che three San Francisco theatres at an average rental of $214,000 and pays Paramount $114,299 in back rent and an additional amount to be determined by net income on the houses over a specific period. In addition. Para- mount is to receive 37J-4 per cent of .he net earnings of all downtown San Francisco houses in which F. W. C. has an interest during the life of the leases. F. W. C. also takes a new lease on the Paramount, Oakland, and pays $390,000 to Paramount, guaranteed by Fox Him, for back rentals and claims. The landlord of the house withdraws a claim of $2,211,500 filed against Paramount for breach of lease. The settlement also provides for a payment by F. W. C. of $35,030 to Paramount tor back rent on the Paramount and Rialto, Portland, and the Paramount. Seattle. The Rialto has been repos- sessed by the landlord and is not in- cluded in the new leases. The Para- mount, Portland, will be operated for 10 years by a new company in which F. W. C. will have a 75 per cent in- terest and Paramount the other 25 per cent. Paramount film franchises are incorporated in the settlement. The settlement of the Paramount claim was so important a part of future F. W. C. operations that a reorganization of the latter could not be consummated until the Federal court had decided on the Zirn appeal and the approval of the settlement was made final. Seals Are Awarded British Takes for To 19 More Films '33 $192,156,000 M-G-M Re-Signs Cobb Hollywood, Oct. 2. — Irvin S. Cobb has signed another contract to write one original feature for M-G-M. (Continued from page 1) two each ; M-G-M, Warners, Colum- bia and Chesterfield, one each. In the shorts division, Principal received four ; Educational and Radio, two each, while Warners, First Division and Animated received one each. Pictures approved are as follows : Fox (Features) "365 Nights in Hollywood" and "Marie Galante." Radio (Features) "The Gay Divorcee" and "Wednesday^ Child." (Shorts) "Ruth Etting No. 2" and "A« Spanish Onion." M-G-M (Features) "Student Tour." Warners (Features) "The Perfect Week-End." (Shorts) "Viva Buddy !" Columbia ( Features) "Lady By Choice." Chesterfield (Features) "The Curtain Falls." Educational (Shorts) "Nifty Nurses" and "Campus Hoofer." Principal (Shorts) "The Invisible Circle," "Chandu's False Step," "Mysterious Magic" and "Edge of the Pit." First Division (Shorts) "Mexican Idyll." Animated (Shorts) "The Headless Horseman." Washington, Oct. 2. — A total of $192,156,000 was paid in Great Brit- ain for admissions to film houses dur- ing 1933, according to a U. S. De- partment of Commerce statement based on a report from American Consulate- General in London. The entertainment tax on the $192,- 156,000 in paid admissions amounted to $32,026,000. The total number of admissions to British film theatres in 1933 was 958,000,000, or an average of 18,- 500,000 a week. The inclusion of Ire- land, it was pointed out, would bring this figure up to about 19,250,000 a week. The average admission price of 2,000 British theatres during the current year was approximately 20 cents. During 1933, the report states, 476 films were imported into Great Brit- ain, of which 330 were registered by nine American-owned companies di- rectly representing the leading Ameri- can film-producing organizations. The value of the American films repre sented more than 90 per cent of the total imports of films. The net value, according to the British authority, of remittances to the LJnited States arising from Ameri- can films imported in 1933 was $25, 334,000. During the same period re ceipts from abroad on account of British films amounted to $2,868,000 No British Quota Jump Planned Now (Continued from page 1) Oct. 1 up to and including 1938. Un- der the quota law a minimum of 15 per cent of the total footage exhibited in British theatres last vear was re- Phila. Agog Over Warner Theatre Yarn (Continued from page 1) operation. This was vehemently de- nied later in the day from New York by H. M. Warner, who said : "I wish to deny emphatically the dispatch from Philadelphia published in the New York Times, to the effect that I have purchased four theatres in and near that city. The statement in the dispatch, and also, I under- stand, in Philadelphia newspapers, to the effect that 'it was said that War- ner bought the theatres for himself, rather than for Warner Bros, and that he would operate them indepen- dently of the Warner chain,' is utterly untrue. "Neither I, nor either of my brothers, nor any executive of our organization, has bought or will buy any theatre for personal operation in- dependently of the theatre operations of Warner Bros, or any of its sub- sidiaries." Rumors persisted anyway that the personal buying angle meant sub-oper- ation in the manner of the Earle. which ostensibly is operated by Joseph Feldman. but still is controlled by Warners. The name of William Gold- man, former Warner theatre head here, who is now launching an inde- pendent circuit, is again prominently mentioned in connection with Warner expansion. The purchase would solidify the Warner position in both the west and northwest sections of the city. Albert M. Greenfield & Co. acted as agent for L. M. Mader, who is listed as the buver. First Division Gets Two Western Series (Continued from page 1) by Audio. The company is negotiating for a number of English pictures and will also distribute Mannon's serial, "The Sky Fighter." Mike Howard has been appointed division manager of the New Orleans. Charlotte and Atlanta offices. Al Friedlander shortly will open First Division exchanges on the coast. Gomersall Back on Job T. T. ("Peck") Gomersall, west- ern sales manager for Universal, re- turned to his post yesterday after eight and a half weeks in the Hospi- tal for Joint Diseases. Gomersall fell from a horse while riding in Central Park, injured his back and was placed in a plaster cast. However, part of the cast still en- cases his chest. That made Gomer- sall chesty and ready to take on all comers. Many of the Universalites tried it, pounded the chest and found all that Gomersall did was to smile and emit hollow sounds. quired to be of British origin. The same schedule is prescribed for the year ending Sept. 30, 1935, after which the schedule increases to 20 per cent and continues at that level until the expiration of the present Films Act in 1938. The Leading Daily ^Newspaper! [of ihe Motion Picture Industry MOTION PICTURE DAILY Alert, Intelligent Failhfutl 1 Service to the Industry in All Branches VOL. 36. NO. 80 NEW YORK, THURSDAY, OCTOBER 4, 1934 TEN CENTS See Music Tax Agreement of About 25-30^ Mills Talks Compromise With Theatre Men A new music tax assessment of 25 or 30 cents per seat was indicated as a possibility following a preliminary conference yesterday between an ex- hibitor delegation and E. C. Mills, general manager of the American So- ciety of Composers. Authors and Pub- lishers, at which a compromise on the increased music tax schedules placed in effect by A.S.C.A.P. on Oct. 1 was discussed. Neither Mills nor members of the exhibitor delegation later would dis- cuss the terms proposed at yesterday's (Continued on page 6) Cleveland's Dual Agreement Upheld Cleveland, Oct. 3. — A permanent injunction restraining the Family Theatre from playing duals was granted today by Judge Alva Corlett in Equity Court in the case of the Center Woodland Amusement Co. against the Family. The decision upholds as legal and binding the agreement of exhibitors to eliminate duals in greater Cleve- land, effective July 8. The court also decided in favor of the plaintiff on all three counts, namely, violation of the Valentine (Continued on parte 6) Campi Is Divided on Removal Of Leasing Clause from Code Campi is divided on withdrawing the lease clause from the code, some members contending that its wide interpretation makes it impossible for Code Authority to hand down equitable decisions. Some code men also hold that if a landlord wants to lease a theatre, it is his own business and he can do as he pleases. Independent members hold this clause was put into the code to protect exhibitors from outside interests taking their theatres away from them while they are operating. Katz Studio Aide, Mannix Stays — Mayer Clarifying the status of Sam Katz, who recently joined M-G-M, Louis B. Mayer, production head, yesterday said upon his arrival on the Paris that Katz would be his assistant and also assistant to Eddie Mannix, per- sonal representative of Nicholas M. Schenck, at the studio. Mayer em- phasized the fact that reports Katz would replace Mannix are unfounded. Katz will confer with Mayer to- day and after the meeting will de- (Continucd on parte 7) Chicago Clearance Decision Reversed Reversing a decision of the Chicago clearance and zoning board, Campi has decided that Van Nomikos, operating the Logan, Chicago, is en- titled to play pictures in the first week of general release rather than the second week. The protestant complained against Essaness Theatre (Continued on parte 6) Campi Adjourns L. A. Hearing Until Today Because of the involved situation, a Campi appeal committee compris- ing Ed Kuykendall, E. T. (Peck) Gomersall and Harry Shiffman ad- journed the hearing of the Los An- geles clearance and zoning schedule to 10 A. M. this morning. The entire afternoon was spent (Continued on page 6) Detroit's Theatres Benefit from Series Detroit, Oct. 3. — There's plenty of activity in this town with the World's Series crowd here. Downtown houses are feeling the effects. All hotels are filled and everybody is in a spending mood. Warner-Para. Deal In Phila. Dropped That a takeover of four Publix- Pennsylvania theatres by Warners had been discussed as part of a deal which included "numerous other considera- tions," all of which was subsequently (Continued on page 2) Dismissal of Fox Theatres Case Sought Dismissal of the petition for a re- organization of Fox Theatres under Section 77-B on the grounds of bad faith will be asked by creditors of Fox Metropolitan Playhouses at a hear- ing before Federal Judge Martin Manton on Tuesday, it was learned yesterday. The Fox Met creditors have ob- tained subpoenas for Nathan Burkan, A. C. Blumenthal, Ernest W. Niver of Halsey, Stuart & Co., W. C. (Continued on page 7) Midwest Picking Up, Declares Wolf berg Conditions in the midwest are satis- factory despite the drought, Harris P. Wolfberg, M-G-M district manager with Kansas City, St. Louis, Denver, Omaha and Des Moines exchanges (Continued on page 6) Receipts in W. Va. $3,158,000 in 1933 Washington, Oct. 3. — Gross re- ceipts of 149 West Virginia picture houses last year totaled $2,711,000 on a payroll of $508,000, while seven other theatres took in $447,000 and had a (Continued on page 6) Discover NRA Rules on Extras Already Approved Washington, Oct. 3. — Sudden dis- covery that the rules concerning the employment of extras had been ap- proved without interested parties in the industry being given an oppor- tunity to present their views, today necessitated issuance of an order by National Recovery Administration postponing the date upon which the rules will go into effect to Oct. 11 The rules were approved by Ad- ministrative Officer Lynch on Sept. 27, to become effective Oct. 6. In the (Continued on page 6) Film Workers Up 33y3%, But Expenses Drop Industry Costs Decline 22.7% Under 1931 Washington, Oct. 3. — Employment in the film industry last year was ap- proximately a third greater than in 1931 but producers' expenditures were 22.7 per cent less, it was reported to- night by the U. S. Census Bureau. Total expenditures for production were $119,342,866 against $154,435,- 8 in 1931, a large part of the decline being in feature films, it was shown. Total cost of negatives was $82,279,- 869 against $108,559,975, apportioned as follows: Theatrical films, 1,059 costing $77,535,515 in 1933, against 1,227 costing $100,064,532 in 1931; news and advertising, $4,576,421, (Continued on page 6) Blumenthal Plans Producing Series A. C. Blumenthal plans to enter production within the next few weeks with negotiations now under way to produce four or five pictures a year for a major company. He expects to close a deal within the next few days. According to Blumenthal's plans, he will make some of the pictures in (Continued on page 6) Jersey Allied Dual Move Falls Through With the general ban on duals out, Allied of New Jersey has lined up the Oranges — East and West — as the in- itial spots where a plan to eliminate twins by territories will be tried out. Independents are conferring with Warners on the plan and a date for dropping the second feature will be set shortly. Yesterday was to. have been the day when the general ban was to have gone into effect, but lack- ing five per cent of independent thea- tre representation, the move fell through. Balaban Is Allowed To File Para. Claim John Balaban, former Publix home office executive, now associated with Balaban & Katz, Chicago, was author- ized by Federal Judge Alfred C. Coxe yesterday to file a claim against Paramount Publix based on the unex- pired portion of his contract. The (Continued on page 7) MOTION PICTURE DAILY Thursday, October 4, 1934 MOTION PICTURE DAILY (Registered U. S. Patent Office) Vol. 36 October 4, 1934 No. 80 Martin Quigley Editor-in-Chief and Publisher MAURICE KANN Editor JAMES A. CRON Advertising Manager Published daily except Sunday and holi- days by Motion Picture Daily, Inc., sub- sidiary of Quigley Publications, Inc., Martin Quigley, President; Colvin Brown, Vice-President and Treasurer. Publication Office: 1790 Broadway, New York. Telephone Circle 7-3100. Cable ad- dress "Quigpubco, New York." All con- tents copyrighted 1934 by Motion Picture Daily, Inc. Address all correspondence to the New York Office. Other Quigley pub- lications: MOTION PICTURE HERALD, BETTER THEATRES, THE MOTION PICTURE ALMANAC and THE CHI- CAGOAN. . Hollywood Bureau: Postal Union Life Building, Vine and Yucca Streets, Victor M. Shapiro, Manager; Chicago Bureau: 407 South Dearborn Street, Edwin S. Clif- ford, Manager; London Bureau: Remo House, 310 Regent St., London, W. 1, Bruce Allan, Representative. Cable address: "Quigpubco, London"; Berlin Bureau: Berlin-Tempelhof, Kaiserin-Augustastrasse 28, Joachim K. Rutenberg, Representative; Paris Bureau: 19, Rue de la Cour-des- Noues, Pierre Autre, Representative; Rome Bureau: Viale Gorizia, Vittorio Malpassuti, Representative; Sydney Bureau: 102 Sus- sex Street, Cliff Holt, Representative; Mex- ico City Bureau: Apartado 269, James Lockhart, Representative; Glasgow Bureau: 86 Dundrennan Road, G. Holmes, Repre- sentative; Budapest Bureau: 3, Kaplar-u, Budapest, II, Endre Hevesi, Representa- tive; Moscow Bureau: Civtzev Vrazhek, N. 25, Apart. 146, Moscow, U. S. S. R., Bella Kashin, Representative. Cable address: Samrod, Moscow. Entered as second class matter, January 4, 1926, at the Post Office at New York City, N. Y., under Act of March 3, 1879. Subscription rates per year; $6 in the Americas, except Canada $15 and foreign $12. Single copies: 10 cents. Product Talk Opens Milwaukee Session Milwaukee, Oct. 3. — A round table discussion of distributor sales policies and new product, .held behind closed doors, occupied the opening session of the Wisconsin Allied con- vention here today. Exhibitor attitudes on buying are also understood to have been aired by the 40 delegates in attendance. To- morrow's session is scheduled to take up the subject of double featuring in Wisconsin. Lowell M. Prewitt Dead Indianapolis, Oct. 3. — Lowell M. Prewitt, 40, well known Indiana ex- hibitor, is dead at his home in Plain- field. He had been ill for three years. He was a former member of the ex- ecutive board of the Indiana exhibitors' association and was owner of the Prewitt Theatre. He is survived by his mother, Mrs. Viola N. Prewitt, and his widow. M. L. Gordon Passes Middletown, O., Oct. 3. — M. L. Gordon, owner of the theatre bearing his name, died at his home here fol- lowing a lingering illness. Delay Boston Road Deal Loew's has delayed taking over the Boston Road from Henry Seigel until Nov. 1. The house is now being remodeled. Heavy Para. Sales on Big Board Net Columbia Pictures, vtc. Consolidated Film Indu Fox Film "A".... Loew's, Inc Loew's, _ Inc., pfd. Paramount, cts. . Pathe Exchange Pathe Exchange RKO Warner Bros. •A' High Low Close Change Sales 3534 1 CI/ 200 3 3 3 100 13-H \M 13*6 - V* 100 99/ 99/ 99/ - / 200 115/g n/ H5/8 + Vz 300 2&Vi 27% 277^ - Vt 2,400 91/ 91/ 9154 +1 100 4M 4/ + / 17,700 1/ M 154 700 13M 13 133/6 + % 800 2/ 2Yt 2% 200 S'/s 2.100 Trans Lux Loses Y$ on Curb Trans Lux High Low m Net Close Change Sales 200 Warner Bonds Decline V2 Point General Theatre Equipment 6s '40. Loew's 6s '41, ww deb rights Paramount F. L. 6s '47 Paramount Publix 5/s '50 Pathe 7s '37, ww Warner Bros. 6s '39, wd Net High Low Close Change Sales 7 7 7 + / 1 101/2 101!4 101/ + / 2 61 A 60 60/ + / 3 61/ 60 60 -a 70 98 98 98 1 61 60 60 - / 12 Chadwick to Make Six I. E. Chadwick plans to produce six features, one of which will be "In My Old Kentucky Home." Produc- tion will start at the Chadwick studios on the coast as soon as his work as independent production representative eases up. Discussing activities of indepen- dents, Chadwick says they are improv- ing the type of product being turned out. He says it is amazing what the independents have done in the last year. Van Schmus to Entertain Trade and daily paper reviewers and others in the industry will be entertained tonight in the Music Hall executive offices by Managing Direc- tor W. G. Van Schmus following the 9:15 showing of "Power." This is the second Gaumont British feature to be shown at the Music Hall under the new deal with the British firm. Arrange Special Car Philadelphia, Oct. 3. — Arrange- ments are being made for a special sleeping car to leave Friday night following the tournament festivities. It will arrive in Pittsburgh Satur- day in ample time for the Pitt foot- ball game, and the men will have a chance to rest before the annual Variety Club dinner Sunday night. Randforce to Take Utica Randforce expects to take over op- eration of the Utica, Brooklyn, from RKO within the next few weeks. This deal is part of the arrangement whereby the major circuit gets Fox product from Loew which is cleared in Randforce territory by Louis Frisch and Sam Rinzler. Run for "La Cucuracha" "La Cucuracha," which has already played at the Music Hall, has been booked into the Roxy on an indefinite basis, the understanding between Jules Levy, RKO general sales man- ager, and Howard S. Cullman being that it will stay for at least three weeks. Mississippians to Meet Jackson, Miss., Oct. 3. — Theatre Owners of Mississippi will hold their semi-annual meetinsr at the Robert E. Lee Hotel Oct. 28-29. Form Two Film Firms Albany, Oct. 3. — Cartoon Ex- hibitors, Inc., has been chartered here with 200 no par value shares to pre- sent films and vaudeville. Robert Schirmer, Clinton S. Cook and Carl Ahlermann are directors. Filmpro Agency, Inc., also has been formed to deal in picture apparatus. Alfred L. Schein, Stanley K. Fried- man and Stanley B. Schein are in- corporators. Warners to Star Darro Hollywood, Oct. 3. — Falling in line with the demand for kid pictures, Warners have decided to do a story starring Frankie Darro. Warner-Para. Deal In Phila. Dropped (Continued from page 1) abandoned, was admitted yesterday by Paramount theatre representatives here. The theatres, the Tower and Nixon in West Philadelphia, and Frank- ford and Roosevelt in Frankford, are under lease to Paramount until 1951, it was stated. Newspaper accounts describing H. M. Warner as the pur- chaser of the houses for "personal operation", were denied emphatically by Warner on Tuesday. Joseph Bernhard, Warner theatre director, made a similar denial on behalf of the theatre company yesterday. Korda to Hollywood Soon London, Oct. 3. — Alexander Korda, head of London Films, plans to leave for Hollywood shortly. The com- pletion of three films will keep him here for a short while longer, how- ever. The main purpose of his visit is to make an inspection of the Ameri- ican studios. To Film Houdini Story Hollywood, Oct. 3. — Columbia will film a story based on the life of Hou- dini, with Fred Keating, life long friend of the magician, featured. Jo Swerling is at work on the story. Trade Show "Divorcee" Radio will give a trade showing of "The Gay Divorcee" tomorrow morn- ing at 11 o'clock at the Astor. "There's HAPPINESS AHEAD-he imagines he's about to become a mother ' Thank you, ED FAX for BIG HEARTED HERBERT We're glad you asked us to buy this famous stage hit after you saw what a riot it was on Broadway. Your fellow showmen will be proud of you for inspiring one of the greatest film comedies of the year. Already your judgment has been vindicated by such preview praise as "a laugh riot if there ever was one," "a grand entertainment treat," "a swell answer to any exhibitor's prayer." We give you all the credit for the idea you'll give GUY KIBBEE and ALINE MacMAHON a lot of credit for a pair of grand performances . . . . . . and we believe the trade will give us credit for giving them the kind of shows they ask for! -WARNER RROS. "ANNA STEN qives one of the most outstanding performances since the inception of talking pictures! — FILM DAILY "F R E D R I C MARCH turns in the best job of his career! MOTION PICTURE DAILY Thursday, October 4, 1934 See Music Tax Agreement of About 25-30^ (Continued from page 1) conference, but it was learned from an authoritative source that Mills pro- posed a flat rate of 40 cents per seat as an alternative to the society's new schedule. An exhibitor representative countered with a proposal of IS cents per seat, it was learned. The group will meet again with Mills on Monday at which time an agreement on a flat rate in the neigh- borhood of 25 or 30 cents is regarded as likely. The former music tax rate was 10 cents per seat and the new schedule calls for a seat tax equal in amount to the highest admission charge of the theatre. In most de luxe situations this charge would range from 40 cents to 75 cents per seat. Exhibitors, it was learned, would not be restrained under any compromise arrived at from aiding the Govern- ment in its anti-trust suit against A.S.C.A.P., or from bringing any legal action of their own against the society. Neither would exhibitors be restrained from efforts to obtain legis- lative relief from music tax collections or from appeals for revision of the copyright laws. Exhibitor representatives at yester- day's conference were Leopold Fried- man, Loew's ; Ed Kuykendall, M.P. T.O.A. ; Sydney Justin, Paramount ; Edward G. Levy, M.P.T.O.A.; Leon D. Netter, Paramount; Harry M. Pimstein, RKO ; Walter Vincent, Wilmer & Vincent, and Milton C. Weisman, I.T.O.A. Blumenthal Plans Producing Series (Continued from page 1) the east and others on the west coast. He is all set on his first story, but would not discuss this angle or studios when questioned. Blumenthal plans to leave for Holly- wood sometime next week. Reports are current he may make the pictures for United Artists. Joseph M. Schenck and Douglas Fairbanks ar- rive from Mexico and Hollywood to- morrow and will spend the week-end at Blumenthal's home in Larchmont. It is expected Schenck and Blumenthal will talk over the proposed production deal. Cleveland's Dual Agreement Upheld (Continued from page 1) Anti-Trust Law, fraud in securing the agreement of signatures and failure to secure the signatures of all the Cleveland exhibitors then operating as provided to make the agreement binding. This was the first case testing the legality of the Greater Cleveland single feature agreement. Jerome Friedlander, attorney, represented M. B. Horwitz, president of the Center Woodland Amusement Co. Discover NRA Rules on Extras Already Approved Chicago Clearance Decision Reversed (Continued from page 1) Corp., which has the Embassy, same city. Code Authority was unanimous in handing down the verdict. ihe board athrmed a decision of the Chicago committee when it de- nied that trie Palace should have clear- ance over the \ alparaiso. Appeals from "race night" decisions by tne Indianapolis grievance board were voted in tavor of complainants. Leonard Sowar, btrand, Muncie, ind., complained against tne Rivoli, same city, and the Paramount, Marion, protested against the Indiana, same city. The complaint of the Baxter and Broadway, Louisville, against the St. Therese Catholic Churcn Gym, same city, was upheld and all distributors were ordered to stop serving the non- theatrical account. A premature advertising complaint on behalf of the Strand, Knoxville, Tenn., against the Bijou, same city, was upheld by Campi. Dismissal of a reduced admission complaint by the Mars, Lafayette, Ind., against Clyde South and Ivan Arnold of the Main, same city, was upheld by Code Authority. A second complaint filed by A. B. Momand of the Odeon, Shawnee, Okla., against Griffith Amusement Co., on overbuying was dismissed. Campi upheld the findings of the Dallas Industrial Adjustment Agency in the case of Victoria and Uptown, Victoria, Texas, against the Rita and Queen, same city. Campi Adjourns L. A. Hearing Until Today (Continued from page \j yesterday discussing several situations affected by the schedule. Among those attending the meeting were Ben Berinstein, Harry W. Chotiner, Mil- ton Arthur, Jack J. Milstein, I. E. Chadwick, Lou Halper, John B. Ber- tero and E. Port Major, all from the coast. GFTA Loses Board Fight Atlanta, Oct. 3. — Division Admin- istrator Sol A. Rosenblatt does not take seriously the local contention that Nat Williams and Oscar Lam are not entitled to serve as unaffiliated mem- bers of the code boards. Ike Katz, president of the GFTA, reported to the convention to this effect. He was one of a group that went to Wash- ington to put the matter up to NRA headquarters. Vaude Order Is Approved Washington, Oct. 3. — Division Administrator Sol A. Rosenblatt has approved an interpretative order stat- ing that vaudeville performers, wheth- er amateurs or professionals, are to be paid a minimum of $7.50 for each theatre booked. Lease St. Louis Odeon St. Louis, Oct. 3. — The Lincoln Amusement Co. has leased the Odeon and will open it as a colored first run. (Continued from page 1) confusion surrounding the resignation of General Hugh S. Johnson the fail- ure to comply with the formality of permitting the filing of objections was not immediately detected. Any objections to the rules may be submitted to Deputy Administrator William P. Farnsworth prior t# Oct. 11, when, if no substantial opposition has been expressed, they will become effective. The rules establish a normal work- ing day of eight hours, with provision for working up to 16 hours out of 24 during emergencies. Overtime would be paid at one-quarter day's pay for each two hours. Other rules require extra pay for hazardous work, immediate notice of cancellation or pay for waiting time, recompense for damaged wardrobes, and define the Los Angeles studio zone as all terri- tory within a radius of six miles from the intersection of 5th and Rossmore Sts., Los Angeles. The rules were submitted by the agency committee of the Code Authority. Won't Quit, Repeats Rosenblatt on Coast Hollywood, Oct. 3. — Division Ad ministrator Sol A. Rosenblatt, flying into town today on his way to the American Federation of Labor con- vention in San Francisco, reiterated he did not contemplate quitting the NRA. "My present plans," he said "necessitate staying on indefinitely." After a day here conferring with Major J. O. Donovan on undisclosed business, he leaves for San Francisco tomorrow. He may pay another visit to Hollywood on his way back from the A. F. of L. convention, it is un- derstood. Form New British Firm London, Oct. 3. — A new company to make films for the American mar- ket has been organized here under the name British National Films, Ltd. The productions will have American stars, directors and technicians. The first will be based on the life of Cecil Rhodes and the second will be an adaptation of Maxwell Anderson's play, "Mary Queen of Scots." John Corfield is manager of the firm. He asserts the company is seeking Frank Lloyd to direct both. Newark Spots Try Films Two Newark legitimate houses will adopt film policies within the next few weeks. Harry Brandt has taken the Broad and the landlord of the Metropolitan will reopen the theatre shortly with films. The Dodd. Orange, N. J., also will blossom forth with a picture policy when the landlord reopens the house. To Film "Ghunga Din9' Chicago, Oct. 3. — Edward Small, vice-president of Reliance Pictures in charge of production, announced here today prior to his departure for New York that his company would produce "Ghunga Din," and that final arrange- ments are being made with Rudyard Kipling, the author. The picture will be released through LJnited Artists. Film Workers Up 33y3%, But Expenses Drop (Continued from page 1) against $3,422,129 for news and $4,- 663,817 for advertising; educational, $167,933, against $409,497. During the year $14,581,457 was spent on unfinished productions, against $14,728,680 in 1931. Labora- tory operations included positive films costing $7,624,761, against $12,556,231, and receipts for work done for others of $11,835,057, against $14,331,683. The value of other work done was $1,520,021, against $2,801,695, and re- ceipts for use of studio facilities were $1,501,701 against $1,457,424. The number of producing establish- ments dropped from 140 in 1931 to 92 in 1933, but the number of persons en- gaged, other than officers of corpora- tions, increased from 14,839 to 19,037. although total salaries and wages in- creased only slightly, from $70,637,031 to $71,343,941, indicating the deflation cf salaries which has occurred. Pay- ments for contract work last vear were but $4,027,663, against $12,015,- 722 in 1931, and the cost of studio sup- plies, containers for film, fuel, and electric energy was $26,153,298, against $32,222,404. Employes Classified In the report issued today, for the first time, the bureau has attempted a break down of the employment figures, giving the following information for 1933 : Managers, superintendents, pro- duction supervisors, directors and other responsible administrative em- ployes, 610 receiving salaries aggre- gating $12,883,328; scenario writers, unit managers, assistant directors, technicians, wardrobe designers, lab- oratory supervisors, cameramen, act- ors, extras, auditors, bookkeepers, clerks, stenographers and other cler- ical employes on salary, 7,650 receiv- ing $40,065,124; wage earners (car- penters, painters, prop makers, lab- oratory workers, wardrobe workers and other skilled and unskilled labor) 10,777 (average for the year) receiv- ing $18,395,489. There was a considerable range in the employment of wage earners, the bureau reported. In January, 1933, 9.592 were employed; the low point was reached in May with 7,880 at work, the high point in September with 13,734. Midwest Picking Up, Declares Wolf berg (Continued from page 1) under his supervision, stated yester- day upon his arrival in New York. He adds theatre receipts are improv- ing and the film business is showing results. He plans to leave for his head- quarters early next week. Receipts in W. Va. $3,158,000 in 1933 (Continued from paae 1) payroll of $61,000, the U. S. Census Bureau reported today. Charleston had eight theatres with a take of $342,000 and payrolls of $85,000, and Huntington had eight which took in $342,000 and had a pav- toll of $58,000. Thursday, October 4, 1934 MOTION PICTURE DAILY Katz Studio Aide, Mannix Stays — Mayer {Continued from page 1) cide when he will leave for Holly- wood to assume his new duties. May- er indicated that Katz may accom- pany him when he leaves in two or three days. Mayer stated he had made no plans on production in England as his trip was in the nature of an exploration. He added he will confer today and tomorrow with Schenck and J. Rob- ert Rubin on the English situation and later with Arthur Loew. Mayer signed several Viennese songwriters and foreign players, but did not have a list available when interviewed. He said some of them are on the way over now. Discussing foreign production, the M-G-M production head asserted England is coming out of the de- pression beautifully. He added the British are striving hard to command world attention in production and are coming along, particularly Alexander Korda. He said : "We have never closed our doors to foreign pictures, and the better they make them, the better we like them." Mayer denied published reports he would enter the California guberna- torial campaign against Upton Sin- clair. Wife Remains Aboard Because of the condition of his wife, Mayer was compelled to leave her aboard the Paris overnight. She will be moved to his hotel this morn- ing and probably leave for her coast home today, accompanied by Howard Strickling, studio publicity head, who returned with the Mayers. Phil Reisman, head of RKO's for- eign activities, also returned on the same boat after two months abroad. He said his company planned five offices in Spain. He opened the Bar- celona office which is in charge of Robert Trillo. Other branches will be in Valencia, Madrid. Bilboa and Seville. Within the near future. RKO will open its own exchanges in Italy and France. Outside of quota pictures now be- ing made, RKO does not intend to produce abroad. Reisman said in England all of the company's pic- tures are shown while in other coun- tries the amount varies from 35 to 40 a year. Constance Bennett returned on the Paris with her husband. Marquis Henri de la Falaise de Coudraye. who is ill with malaria as a result of spending six months in Indo-China. The Marquis made a Technicolor picture which is being sponsored by Bennett Pictures Corp. He recently made "Dance of the Virgins" in Bali, for which a deal was practically closed by Miss Bennett abroad with a major company. When interviewed by Motion Pic- ture Daily, Miss Bennett would not reveal the company because contracts have not yet been signed. She was met at the pier by her business man- ager, J. S. Rex Cole. Cole and Miss Bennett leave for the coast by plane todav. The Marquis will take a train. She has five more pictures MOTION PICTURE DAILY* HOLLYWOOD PREVIEW "What Every Woman Knows" (M-G-M) Hollywood, Oct. 3. — This production is excellent entertainment, with the entire cast and contributors rating lusty cheers. Writers Monckton Hoffe, John Meehan and James K. McGuinness adapted the Sir James Barrie play, preserving all its whimsical and delightful humor. Gregory LaCava directed in an inspired mood. The story concerns the Scotch family of Wylie. David Torrence is the father, Dudley Digges and Donald Crisp the brothers, and Helen Hayes the sister who is always jilted by prospective husbands. In order to cinch a marriage for her Conspirators Torrence, Crisp and Digges lend a student (Brian Aherne) money to complete his studies if he will oblige Miss Hayes at the altar. Through his wife's efforts Aherne wins a seat in Parliament and falls for doll-faced Madge Evans. Miss Hayes employs her wit to advantage and brings Aherne home. The balance of the cast, in fast company, registered as outstanding in their respective roles. Miss Hayes lives up to her past laurels. Crisp and Torrence are hilarious, Miss Evans impressive, and Lucille Watson, as Miss Evans' aunt, contributes fine humor. The surprise of the pic- ture is Aherne, whose performance would have overshadowed a less capable cast. There is fine photography by Charles Rosher. This picture should be box-office in any spot. No production code seal. Running time, 95 minutes. "Peck's Bad Boy," tonight's preview at the Roxy, was reviewed by wire from Hollywood on Aug. 28. "Wagon Wheels," last night's preview at the Mayjair, was reviewed by wire from Hollywood on Sept. 5. "A Lost Lady," last night's preview at the Strand, was reviewed by wire from Hollywood on Aug. 27 to make for 20th Century, one on the first year's contract and four on her second. Benita Hume, Gaumont British star, stated she came here for the purpose of attending the opening of "Power" today at the Music Hall. She said she may do a play or may go to Hollywood to work in a picture. Other arrivals on the same boat were Leon Garganoff, head of Liano- film, Paris, and Edward V. Darling, theatre producer. Schenck, Rubin, Dr. A. H. Gian- nini, C C. Moskowitz and M-G-M home office representatives were at the dock to meet the Mayer party. Cohn Can't Come East Hollywood, Oct. 3. — Harry Cohn will be prevented by production activ- ity from attending the Columbia stockholders' meeting in New York Oct. 9, it was learned todav. Talks on Operator Scale Dr. Leon Greenfield, a member of the I.T.O.A. labor committee, yester- day discussed the operator situation at a meeting of the organization. Marilyn Miller Bride Marilyn Miller's marriage to Chester O'Brien, a dancer, at Har- rison, N. Y., on Monday, was brought to light yesterday. To Start Saenger House Houma, La., Oct. 3. — The erection of the People's Theatre, new Saenger house, will begin within the next 30 days. Durante for "Carnival" Hollywood, Oct. 3. — Jimmy Du- rante has been signed by Columbia for a featured role in "Carnival." Seek Dismissal of Fox Theatres Case {Continued from page 1) Michel, Fox Film treasurer ; Milton C. Weisman, receiver for Fox Thea- tres ; the entire bookkeeping staff of Fox Theatres, and individual credi- tors of the company who have joined in the petition for reorganization. These include Miriam Rogers of Bos- ton, alleged by Fox Met creditors' counsel to be a sister-in-law of Blum- enthal and to have had assigned to her the latter's claim against Fox Thea- tres ; the Elliott-Fisher Co., Columbia Pictures Corp. and other creditors of Fox Theatres. All those subpoenaed, it was said, will be examined in an effort to sup- port the Fox Met creditors' allega- tion that the petition for reorganiza- tion of Fox Theatres was instituted with the sole aim of realizing on the company's ownership of the common stock of Fox Met. Creditors of the latter company point out that no move to liquidate or reorganize Fox Thea- tres was made prior to the reorgani- zation efforts of Fox Met. There are approximately $34,000,000 of claims outstanding against Fox Theatres. Judge Manton postponed the hear- ing scheduled for today on the Fox Theatres' reorganization petition un- til Tuesdav. Loew Dividend Declared Loew's Inc., yesterday declared a regular quarterly dividend of %\.62V2 per share on the preferred stock. The dividend is payable Nov. 20 to stock- holders of record Oct. 31. "Widow" to Open Oct. 11 "The Merry Widow" is set to open at the Astor Oct. 11 as a two-a-dav. < Purely Personal ► ROWLAND V. LEE has post- poned his trip to Europe to super- vise the cutting of "Gambling," which he finished recently at the Eastern Service Studios. George Auerbach's "My Brother's Wife" has been purchased by M-G-M as a co-starring vehicle for Clark Gable and Jean Harlow. Pete Smith is treasuring four pearls Jack J. Milstein, M-G-M Los Angeles branch manager, found in his oysters yesterday. H. S. Kraft and Samuel Ornitz have sold "Frisco Fury" to Columbia as a possible starring vehicle for Jack Holt. Merritt Hulburd, head of the Paramount Hollywood story depart- ment, came into town yesterday. C. C. Pettijohn returned yester- day from a three weeks' trip to Holly- wood and other western stops. Milton Arthur, brother of Harry C, and his wife sail for Los Angeles Saturday on the Virginia. Charles Blum, recently with Al- lied of New Jersey, has joined Streimer Ad. Service. Marguerite Roberts' story, "Born With Wings," has been purchased by Paramount. Thomas Meighan left for Detroit yesterday to attend the World's Series. Lee Ochs is back from a European jaunt. Tom Wiley celebrated another birthday yesterday. Balaban Is Allowed To File Para, Claim {Continued from page 1) claim, it is understood, will amount to approximately $60,000. Balaban's petition for leave to file the claim was not opposed by counsel for the Para- mount Publix trustees. Judge Coxe also extended the time for filing of individual bondholders' claims against Paramount Publix to Dec. 1. Claims filed during that time, however, will not increase the total of claims filed against Paramount, as Chase National Bank, trustee under the issues, has filed a claim for the total amount of the bonds. This is included in the $154,000,000 total, which represents all claims filed against Paramount from the time of the bankruptcy to Sept. 15. Also in- cluded is the Paramount Broadway claim which has been reduced from an original $178,000,000 to $44,000,000. The latter figure will be wiped off with approval of the pending Para- mount Broadway reorganization plan by creditors and the Federal court. Para. List to Randforce Paramount has sold all its product to Randforce circuit with 49 theatres in Brooklyn, Henry Randel closed the deal for the distributor while Sam Rinzler and Louis Frisch signed for the circuit. Lester F. Martin Here Lester F. Martin, mid-west exhib- itor leader, is in New York on the code. 4 TREMENDOUS SUCCESSOR TO "LADY FOR A DAY" 1 1 and adds A PICTURE THAT IS JUST PLAIN, ORDINARY SWELL! GIVE YOURSELF A TREAT BY PLAY- ING THIS UP BIG! • • • THIS IS MONEY IN THE BANK... THE PICTURE IS A TRIUMPH AND COMBINES SOCK DRAMA, STIRRING COMEDY AND UNIQUE ROMANCE. ANOTHER GEM IN COLUMBIA'S DIADEM. A WORTHY SUCCESSOR TO "LADY FOR A DAY". — Motion Picture Daily. • • • AS A BOX OFFICE ATTRACTION IT LOOKS LIKE A RUNNER-UP ON "LADY FOR A DAY" . . . SHOOTS STRAIGHT AT THE AUDIENCE HEART WITH EMO- TIONAL WALLOP. PICTURE HAS EVERYTHING IT TAKES FOR POPULAR APPEAL. • —Variety LADY BY CHOICE with Carole LOMBARD-May ROBSON Roger Pryor— Walter Connolly Story by Dwight Taylor — Screen Play by Jo Swerling Directed by David Burton A COLUMBIA PICTURE The Leading RaUy Ml Motio Picture Industry MOTION PICTURE DAILY Alert, Intelligent Service '%W the Industry in All Branches VOL. 36. NO. 81 NEW YORK, FRIDAY, OCTOBER 5. 1934 TEN CENTS Bernerd Says BIP-Gaumont Deal Is Off General Manager States He Has Cabled Word Negotiations for the purchase of Gaumont British stock by British International Pictures have been called off, Jeffrey Bernerd, general manager of G-B, stated yesterday. He said official word to this effect was sent to him by cable yesterday. In a talk before Ampa members yesterday Bernerd thanked the press for the reception given his company's product. He added that the more success Gaumont British has here, the more successful will be American pictures in England. "Times have changed," he stated, "and pictures produced in England are now measuring up to the standard of every country in the world." He believes the American public {Continued on page 7) Says Columbia Not To Produce Abroad Columbia does not intend to pro- duce on its own in England,, Joseph Seidelman, head of the company's foreign department, stated yesterday upon his arrival from a four months' trip in Europe. He stated deals have been closed with independent producers to turn out 10 quota pictures for the company. No changes have been made in any {Continued on page 18) Balcon, Lee Start On Tour Next Week Michael Balcon, production head for Gaumont British, and Arthur Lee leave next week on a tour of eastern {Continued on page 7) Driver Wanted New Orleans, Oct. 4.— The resident manager of the Tudor is advertising in the classified columns of the daily newspapers for "a man who is thoroughly competent to drive a Roman chariot; must be experienced." Friends say he should visit a spiritualist medium and reincarnate Marc Antony. Fox West Coast Assets Sale Set for Los Angeles Nov. 1 Sale of Fox West Coast assets at foreclosure as the initial step in the company's reorganization will take place in Los An- geles about Nov. 1, it was indicated here yesterday by eastern factors in the F. W. C. reorganization. Fox Film and Chase National Bank, the two principal F. W. C. creditors, will bid in the assets in an exchange for their claims against F. W. C. through a new company organized for the pur- pose. Complete reorganization of F. W. C. with Sidney R. Kent heading the new company, is expected to be accomplished within a few weeks after the foreclosure sale. Form National Body to Make Family Films Organization of the M. P. Foun- dation of the U.S.A. as a non- profit agency for the production and sale of "family type" films, which has been in process for the past sev- eral months, was completed yesterday, according to a statement issued by Dr. William B. Millar, secretary of the foundation and former general secre- tary of the Greater N. Y. Federation of Churches. The directors and members of ad- ministrative committees of the foun- dation are prominent educators, busi- (Continued on page 8) Schwartz Loses Suit Against "U" Circuit Richmond, Oct. 4. — The U. S. Cir- cuit Court of Appeals here has decided against Nathan Schwartz, suing as Wilkay Holding Corp., in his fight to recover $79,328.92 from Universal Chain Theatres Corp., for an alleged breach of contract. The suit was di- rected against Robert L. Randolph, receiver of the circuit. The case was an appeal from an order of the U. S. District Court of Maryland. GFTA Charters Unit To Control Theatres Atlanta, Oct. 4. — Independent Theatres' Investment Corp., a $25,000 organization, has been formed to ac- quire by lease or purchase theatre properties in the southeast. It will be an auxiliary of the G.F.T.A. Indepen- dent Theatres' Ass'n. N. H. Waters of Birmingham, was elected president, with Willis Davis of Atlanta, secre- tary and treasurer. Vice-presidents {Continued on page 7) Last Minute Changes End Film Dispute The Loew-RKO product situation in Greater New York was finally settled yesterday after weeks of ne- gotiations between heads of the two circuits and Fox, Columbia and Uni- versal. In a last minute switch, RKO stepped out of the deal with Colum- bia when it was impossible to agree on terms demanded by the distribu- tor. As a result, Loew's will con- tinue to have the complete Colum- bia output while RKO gets all of Universal's pictures. Columbia, it is (Continued on page 8) Denver Council Acts To Allow Giveaways Denver, Oct. 4. — The City Council has removed the city ban on giveaways in theatres. If the Mayor signs the bill, court action is looked for to determine whether the code can interfere with a business carried on wholly within a state. The giveaways were knocked out, with the exception of the Huffman auto giveaways, by the local grievance (Continued on page 18) A. /. Callaghan Dies In Hollywood at 45 Hollywood, Oct. 4. — Andrew J. Callaghan, vice-president of Techni- color, died here today at the Queen of Angels Hospital following an ab- dominal operation. He was in his 46th year. Although ill for several months, Callaghan refused to give up his work until two weeks ago. Surviving are a widow ; a son, An- drew, Jr. ; a daughter, Frances, all of {Continued on page 7) Code Revision Is Looked for By Kuykendall "Certain Interests" Not Keeping Faith Declaring that "certain interests" involved in the writing of the code are not keeping faith, Ed Kuykendall, president of the M. P. T. O. A., sees a reopening of the entire code within the near future. He says this will be necessary un- less these interests have the foresight to accept and realize what is coming about and play fair. Kuykendall, without mentioning names, charges certain parties are using every method to evade various issues that were accepted by them in Washington. "I cannot help but believe it will be necessary to reopen the entire code unless these interests swing along with the rest of the boys and play a fair game," he asserted. Third Hearing Set On L. A. Schedules Due to the complexity of the coast situation, a third hearing on the Los Angeles clearance and zoning sched- ule will be held today at Campi headquarters. During the last two days, Ed Kuykendall, E. T, (Peck) Gomersall and Harry Shiftman have (Continued on page 18) Code Probe by U. S. Asked by Wis. Allied Milwaukee, Oct. 4. — Resolutions demanding a Congressional investiga- tion of the code and revision of the copyright laws were adopted at to- day's session of the Wisconsin Al- lied convention. The resolutions were {Continued on page 18) Returns a La Mode Some baseball fans like their radio returns in de luxe surroundings. Hun- dreds of them paid from 40 to 60 cents to get into the Mnsic Hall yesterday and sit in the chaste modernistic surroundings of the big lounge downstairs to get the World's Series returns. MOTION PICTURE DAILY Friday, October 5, 1934 MOTION PICTURE DAILY (Registered U. S. Patent Office) Vol. 36 October 5, 1934 No. 81 m Martin Quiglev Editor-in-Chief and Publisher MAURICE KANN Editor JAMES A. CRON Advertising Manager Published daily except Sunday and holi- days by Motion Picture Daily, Inc., sub- sidiary of Quigley Publications, Inc., Martin Quigley, President; Colvin Brown, Vice-President and Treasurer. Publication Office: 1790 Broadway, New York. Telephone Circle 7-3100. Cable ad- dress "Quigpubco, New York." All con- tents copyrighted 1934 by Motion Picture Daily, Inc. Address all correspondence to the New York Office. Other Quigley pub- lications: MOTION PICTURE HERALD, BETTER THEATRES, THE MOTION PICTURE ALMANAC and THE CHI- CAGOAN. Hollywood Bureau: Postal Union Life Building, Vine and Yucca Streets, Victor M. Shapiro, Manager; Chicago Bureau: 407 South Dearborn Street, Edwin S. Clif- ford, Manager; London Bureau: Remo House, 310 Regent St., London, W. 1, Bruce Allan, Representative. Cable address: "Quigpubco, London"; Berlin Bureau: Berlin-Tempelhof, Kaiserin-Augustastrasse 28, Joachim K. Rutenbcrg, Representative; Paris Bureau: 19, Rue de la Cour-des- Noues, Pierre Autre, Representative; Rome Bureau: Viale Gorizia, Vittorio Malpassuti, Representative; Sydney Bureau: 102 Sus- sex Street, Cliff Holt, Representative; Mex- ico City Bureau: Apartado 269, James Lockhart, Representative; Glasgow Bureau: 86 Dundrennan Road, G. Holmes, Repre- sentative; Budapest Bureau: 3, Kaplar-u, Budapest, II, Endre Hevesi, Representa- tive; Moscow Bureau: Civtzev Vrazhek, N. 25, Apart. 146, Moscow, U. S. S. R., Bella Kashm, Representative. Cable address: Samrod, Moscow. Entered as second class matter, January 4, 1926, at the Post Office at New York City, N. Y., under Act of March 3, 1879. Subscription rates per year; $6 in the Americas, except Canada $15 and foreign $12. Single copies: 10 cents. Mayer, Katz Leave For the West Coast Following conferences with Nich- olas M. Schenck, Louis B. Mayer, his wife, and Sam Katz left for Holly- wood yesterday. Howard Strickling, studio publicity head, leaves today. J. Robert Rubin denies reports that Katz will become a producer, adding that Katz's post will be as studio aide. /V. Y. Musicians Ask Aid Donald R. Richberg, executive direc- tor of the National Recovery Council, has been appealed to by Attilio Mar- chetti, orchestra conductor, for aid for 3,000 New York musicians in finan- cial straits. These men are repre- sented as having appealed in vain to existing relief organizations. The charge that 800 persons are monopoliz- ing musicians' unemployment relief is contained in a petition signed by members of Local 802, which has been forwarded to Richberg. M-G-M Signs Kern Hollywood, Oct. 4. — M-G-M has signed a contract with Jerome Kern, the composer, whereby he will write the score for several productions to be made on this season's schedule. Think Sparks Best Hollywood, Oct. 4— The student bodies of both Oxford and Cambridge have elected Ned Sparks as Holly- wood's best actor on the screen. WhatN. Y. Critics Think 'Our Daily Bread" American — ***pleasing program enter- ment***carries both drama and comedy, in addition to the ever-essential element of romance, and it is directed in sincere and simple style by King Vidor*** Brooklyn Daily Eagle — ***a picture which deserves to be added to the list of Vidor's outstanding directorial achievements*** Daily Mirror — King Vidor has made a distinguished and exciting picture in "Our Daily Bread," a fitting companion to his memorable "The Crowd"*** is a thoughtful, impressive and exciting film. Daily News — King Vidor has made an ex- citing and absorbing movie based on an idea of his own which is not startlingly original and which is presented in an interesting and dramatic manner. ***The direction is sim- ple but impressive, and Vidor seems to have inspired his actors with his own faith in his idea. Evening Journal — ***King Vidor has filmed a timely., thoughtful and thoroughly engrossing drama.***Entirely independent of manufactured plot situations, the pic- ture has excitement, humor, tragedy and suspense.*** Sun — It was a picture that cried out to be made, and King Vidor has made it with a fervor that swings the picture along, bad acting and all, to as stirring a climax as the screen can boast this season.*** Times — ***a brilliant declaration of faith in the importance of the cinema as a so- cial instrument. In richness of conception alone, Mr. Vidor's attempt to dramatize the history of a subsistence farm for hungry and desperate men from the cities of America would deserve the attention and encouragement of intelligent film-go- ers. But "Our Daily Bread" is much more than an idea. Standing in the first rank of American film directors, Mr. Vi- dor has brought the full power of a fine technique and imagination to his theme. "Our Daily Bread" dips into profound and basic problems of our everyday life for its drama, and it emerges as a social document of arnazing vitality and emo- tional impact. W orld- Telegram — ***A fervid and dra- matic plea for employment, which throws into glaring relief economic conditions as they exist today, "Our Daily Bread" i; a bitter, wrathy and powerful film — : film full of truths, full of fight, a cour ageous and necessary film. Disney Wins Mickey Suit Chicago, Oct. 4. — A writ prohibit- ing the use of "Mickey Mouse" as a trademark for animal crackers was issued here yesterday by Federal Judge John P. Barnes. The restrain- ing order had been asked by Walt Disney against the U. S. Biscuit Co. of America and two subsidiaries, the Sawyer Biscuit Co. and the Chicago Carton Co. Disney contended the de- fendants' use of "Mickey Mouse" as a trademark violated his copyright on the cartoon character. Ramsaye in N. Y. U. Talk Terry Ramsaye, editor of Motion Picture Herald, spoke last night at New York University on the history of motion pictures. His address was one of a series of lectures on the screen being given at the university by persons prominent in the indus- try. Lesser Party in London London, Oct. 4. — Sol Lesser, Eddie Cline and George O'Brien arrive at Plymouth tomorrow on the lie de France. Exteriors for "The Cowboy Millionaire" will be made here during the 10-day stay. Hits Episcopal Film Mount Vernon, N. Y., Oct. 4. — Likelihood of a fight over the film depicting the history of the Epis- copal Church in America, set for its initial performance at Atlantic City next Wednesday, developed here yes- terday. Rev. W. Harold Weigle, rec- tor of St. Paul's Church in East Chester, threatens to attack the film before the tri-ennial general conven- tion of the Protestant Episcopal Church of the United States if no reference to his church is contained in it. The minister asserts St. Paul's has played an important part in the history of the Episcopal Church in this country. Warners Use 450 Extras Hollywood, Oct. 4. — Warners took the lead Tuesday for the greatest num- ber of extras on the payroll having 450 people in makeup for the six pic- tures now in work. The Mervyn LeRoy musical, "Sweet Adeline," used 200 extras. Hold "Ranger" Again "The Dude Ranger" is being held a third week at the Criterion. Net High Low Close Change Sales 36y2 3454 34^ - *4 500 354 3 354 + 54 200 1354 13*4 13*4 300 99 99 99 - 54 800 1154 1154 - 54 400 28*4 2754 91*4 285i + a 5.200 91M 91*4 + 54 100 4*4 4*4 454 6,000 1*4 154 154 2,500 5 4*4 454 1,000 5 494 4M -54 1,000 Columbia Off % on Big Board Columbia Pictures, vtc Consolidated Film Industries Consolidated Film Industries, pfd Eastman Kodak Fox Film "A" Loew's, Inc Loew's, Inc., pfd , Paramount Publix, cts Pathe Exchange Pathe Exchange "A" Warner Bros 5 Technicolor Declines Vs on Curb Net High Low Close Change Technicolor 11*4 11*4 11*4 — Vt, Trans Lux 1*4 1*4 1*4 Many Bond Issues Take Losses Net High Low Close Change General Theatre Equipment 6s '40 654 654 654 — 54 Keith B. F. 6s '46 62*4 62*4 62*4 +54 Paramount Broadway 554s '51 41 40 41 +1 Paramount F. L. 6s '47 61 60 60 — 54 Paramount Publix 554s '50 61 60 60 —1 RKO 6s '41, pp 31 31 31 — 54 Warner Bros. 6s '39. wd 60 59*4 60 — 54 Sales 300 100 Sales 1 2 6 17 9 1 10 i Purely Personal ► JOE BRANDT is going in for cut- outs. Meaning, he is wearing a swell pair of tan kicks with a neat hole chiseled out of one of them. That was to take care of an infected toe which is now practically new again. Benita Hume says she will appear in a play before returning to Eng- land. She doesn't want to make a picture on the coast, declaring she has four offers to do a play here. Dan Carroll of Sydney, Australia, owner of theatres in the Common- wealth which are associated with Paramount, is in town on a business and vacation trip. Herman Stern, head of Univer- sale non-theatrical activities, is get- ting over an attack of ptomaine poi- soning. He expects to be back at his desk on Monday. Leon Schlesinger flies east tomor- row with the first print of "Those Beautiful Dames," the first of the new "Merrie Melodie" cartoons in color. Theodore Deitrich is back in his office at Hearst Metrotone News, but his long pneumonia siege has left him shaky. Says he is getting along now. Jeanette MacDonald, now here on a vacation, will sing several numbers from "The Merry Widow" Monday night over the Columbia network. Douglas McLean, Paramount as- sociate producer, is in town to confer with Maxwell Anderson, who is adapting "So Red the Rose." Harry Edington and Mrs. Eding- ton (Barbara Kent) arrived in town yesterday from the coast. They are Europe bound. Joe Penner is due in town today from the coast. He has just finished work in Paramount' s "College Rhythm." Norman Moray is back at his desk after a trip to Indianapolis, Detroit, Toronto and Washington. Tito Guizar and Armida finish work on a Vitaphone short in the Brooklyn plant today. James Hilton has sold the screen rights of his novel, "Rage of Heaven," to M-G-M. William Seiter and Marion Nixon are in town on a belated honeymoon. Mark Ostrer was down with a cold yesterday and unable to attend to business. Fred Gresac has sold his story, "Song of the Damned," to Columbia. Young Finishes Oct. 6 Hollywood, Oct. 4. — Felix Young's contract with Columbia as an asso- ciate producer expires Oct. 6 and he plans to leave immediately for New York for a short vacation. He is scheduled to report to Radio the first of next month as an associate pro- ducer. 'Divorcee'* Date Shifted The trade showing of "The Gay Divorcee" which was originally scheduled for this morning at the Astor has been postponed until Oct. 9. Look forward 0 C T 0 NOVEMBE p e/e irVi R Already this season, FOX has given/you sijch hits as "The Cat's Paw'\.." Servants' E^ranc^./fJu5%e Priest." For the coming three months FOX is/producing hits just as great... and more of mem! i^alyze/che nejv pictures on the following pages. Compare^ them/with other offerings. And prepare make next/quarters business an even greater pleasure . . . se FOX Pictures Your eature Program for OCTOBER JACKIE COOPER in PECK'S BAD BOY with Thomas Meighan Jackie Searl O. P. Heggie Dorothy Peterson A Sol Lesser Production Directed by Edward F. Cline An Erik Charell Production CARAVAN with CHARLES BOYER LORETTA YOUNG JEAN PARKER Phillips Holmes Louise Fazenda Eugene Pallette C. Aubrey Smith Charley Grapewin Noah Beery Executive Producer, Robert T. Kane Directed by Erik Charell MARIE GALANTE with SPENCER TRACY KETTI GALLIAN Ned Sparks, Helen Morgan, Siegfried Rumann, Leslie Fenton, Arthur Byron, Jay C. Flippen and Stepin Fetchit Produced by Winfieid Sheehan Directed by Henry King America's First Actor GEORGE M. COHAN in GAMBLING ll with Wynne Gibson Dorothy Burgess A Harold B. Franklin Production Directed by Rowland V. Lee MUSIC IN THE AIR Music by Jerome Kern Lyric and libretto by Oscar Hammer stein , 2nd with GLORIA SWANSON and JOHN BOLES DOUGLASS MONTGOMERY JUNE LANG Al Shean, Reginald Owen, Joseph Cawthorn An Erich Pommer Production Directed by Joe May Your Feature Progra for NOVEMBE 3*$ >o/ Jo ?e// 1% 24 HOURS A DAY with CLAIRE TREVOR GILBERT ROLAND HERBERT MUNDIN A Sol M.Wurtzel Production Directed by Hamilton MacFadden 9a 'O, WARNER BAXTER in HELL IN THE HEAVENS with CONCHITA MONTENEGRO RUSSELL HARDIE Herbert Mundin Andy Devine Ralph Morgan Produced byAl Rockett Directed by John Blystone LOTTERY LOVER starring LEW AYRES "PAT" PATERSON Peggy Fears Ned Sparks An Al Rockett Production Directed by William Thiele THE FIRST WORLD WAR Secret Films from Nations' Archives Edited by LAURENCE STALLINGS Produced by Truman Talley Your eature Program for DECEMBER SHIRLEY TEMPLE BRIGHT EYES JAMES DUNN A Sol M.Wurtzel Production Directed by David Butler THE WHITE PARADE nth LORETTA YOUNG JOHN BOLES Muriel Kirkland Dorothy Wilson Joyce Compton Astrid Allwyn Polly Ann Young A Jesse L. Lasky Production Directed by Irving Cummings Harold Bell Wright's WHEN A MAN'S A MAN starring GEORGE O'BRIEN Produced by Sol Lesser Directed by Edward F. Cline Again FOX takes the prizes for a line-up solid with HELLDORADO successes! Richard Arlen Ralph Bellamy Henry B. Walthall and Stepin Fetchit A Jesse L. Lasky Production Directed by James Cruze Friday, October 5, 1934 MOTION PICTURE DAILY 7 BIP Deal with Gaumont Is Off, Asserts Bernerd Lightman Fails to Agree with Unions Memphis, Oct. 4. — Efforts of M. A. Lightman to reach an agreement with union labor have jailed, with the operators' and stagehands' unions splitting over whether Lightman's Strand must have a stagehand, the outcome being no work at the house for any union men. After exactly a year of non-union operation, during all of which the house has been picketed with an oc- casional stench bombing early in the proceedings, Lightman finally reached an agreement with the operators at the time the Strand completed remod- eling and was reopened late in August. But Lightman balked when the stagehands' union demanded that he employ a stagehand as well. The stagehands insisted union oper- ators would not go into the Strand without one of their number. The operators were forced to yield, but were so disgusted over losing the chance at four new jobs that they re- fused to finance any further picketing. Stage Shows Spread In Wisconsin Spots Milwaukee, Oct. 4. — An increasing number of local theatres are spotting stage attractions here. A weekly stage show policy for neighborhood houses has been inaugurated by Saxe Amuse- ment Management. Inc. The houses are the Uptown, on Mondays and Tuesdays ; Garfield, on Wednesdays and Thursdays, and Modjeska, Fri- days and Saturdays. Jack Silliman has booked the Bad- ger State barn dance for Sundays only for his Avalon for a period of weeks. Stage attractions are also be- ing spotted by Saxe in several state houses as well as by other exhibitors in Green Bay, Madison, Kenosha and Fond du Lac. Wanger Signs Fonda Hollywood, Oct. 4. — Walter Wan- ger has given a long-term ticket to Henry Fonda, New York stage actor, who will report to the coast after completing the play, "Rome Hall." This signature brings the Wanger contract roster to three. He had pre- viously signed Charles Boyer and Peggy Conklin. Sherman Going to Radio Hollywood, Oct. 4. — Lowell Sher- man moves to Radio to direct Jock Whitney's color feature, "Becky Sharpe," following the windup on "Night Life of the Gods," now in work at Universal. The cast to date is Miriam Hopkins in the title role and Nigel Bruce. To Roof Last Airdrome Tampa, Oct. 4. — The last airdrome in Florida is on the verge of roofing because of the coming uncertain weather, according to Manager B. Rask, and plans are being made to spread a canvas top over the enclos- ure. Charter 86th St. Theatre Albany, Oct. 4. — The 86th St. Casino Theatres, Inc., has been char- tered with capital of 150 shares of no par value. Joseph Scheinman, Albert Schieber and Harry Sacher are di- rectors and subscribers. (Continued from page 1) will give G-B the same reception as British audiences are giving Ameri- can pictures. "We are struggling to improve the quality of our product and in the course of time we hope our stars will be as popular with the public here as American players are with Eng- lish audiences." He ended his speech by declaring that theatre owners here are showing Gaumont British product and that there is every indication they will continue to sign contracts for the 16 films being released this season. Gaumont British Day Draws Ampa Crowd Gaumont British invaded the Ampa yesterday, introducing a number of its stars, directors and personnel to mem- bers of the organization. Introduced were Jeffrey Bernerd, Arthur Lee, Nova Pilbeam, Benita Hume, Jack Hulbert, Berthold Vier- tel, Robert Flaherty, Michael Balcon, Tiger King and Michael Delane. Martin Quigley acted as guest chair- man. In addition to the Gaumont British personalities, the following were in- troduced : J. J. McCarthy, Lester Thompson, Walter Moore, Paula Gould, Ribert Appleby, Dave Gould, William Gargan, J. H. HofFberg and Douglas Churchill. Churchill is Hol- lywood correspondent for the New York Times and Appelby is president of the British Empire Chamber of Commerce. Entertainment was provided by Gus Edwards, Tony Marconi, Eddie Pea- body, Harry Hershfield, and Bernard and Henry. About 200 attended. Balcon, Lee Start On Tour Next Week (Continued from facie 1) cities, where they will visit theatres to get audience reaction on pictures. Cities to be visited will be Philadel- phia, Buffalo and Chicago, in addi- tion to a number of Greater New York houses. George Weeks, general sales man- ager, arrives in Chicago today and returns on Sunday. Jack Hulbert plans to sail for Lon- don on Oct. 12 to make two more pictures for G-B, following which he will return for another vacation. Van Schmus Is Host At Music Hall Party W. G. Van Schmus, managing direc- tor of the Music Hall, was host at a dinner before the 9:15 showing of "Power," Gaumont British feature, last night, and also at a party in the executive offices which followed. Among the guests at the dinner were Sir Gerald Campbell, British consul general, and Lady Campbell ; Mr. and Mrs. Merlin H. Aylesworth, Mr. and Mrs. Mark Ostrer, Jeffrey Bernerd, and Jack Hulbert and Benita Hume, Gaumont British stars. At the reception which followed the picture were representatives of the trade and daily press. Among those present were : Princess Kuropatkin, He'll Be There Hollywood, Oct. 4. — Anxious about Will Rogers' return from his world tour, Fox wired the humorist in New York for the comeback date. Rogers wired back: "Don't worry. Will be home when I said I would. Going to ball game." Martin J. Quigley and the following consuls general : Renzo Sawada, Japan ; Commendatore Antonio Gros- sardi, Italy ; Leonid Tolonkonski, Russia ; Dr. J. Starch, Czecho-Slo- vakia ; Rols Christensen, Norway, and Nicholas G. Tserekis, Greece. GFTA Charters Unit To Control Theatres (Continued from page 1) are F. M. Arnall, Newman, Ga. ; John Cunningham, Miami ; Sam Borisky, Chattanooga, and M. S. Katz, Mont- gomery, Ala. The entire capital stock has been paid in or pledged. The purpose is to protect independent operators in Geor- gia, Alabama, Florida and Tennessee from encroachment on their territory by circuits. It is also said to be the intention of the new company to invade circuit theatre localities if the circuits invade independent territory. Ridgewood Theatre Wins Ridgewood, N. J., Oct. 4. — The Court of Errors and Appeals has up- held the Ridgewood building commit- tee's decision to permit Max Goodman and Frank Gersten, Englewood thea- tre owners, to renovate the old Play- house so that films may be shown here. Warners, operators of the Warner Brothers Theatre here, ap- pealed the decision of the building committee and carried it before the Supreme Court last fall. After the Supreme Court had upheld the local board in the contention that the im- provements Goodman and Gersten promised to install would make it fire- proof, Warners took an appeal to the Court of Errors and Appeals. Oppose Madison Licenses Madison, Wis., Oct. 4. — Action on a petition to reduce the annual license fees of theatres has been deferred by the council license committee to give theatre managers a hearing. The fee is based on the seating capacity, but exhibitors maintain the amount is out of proportion to the charge made in other Wisconsin cities. Although the license year expired July 1, theatres have not paid the licenses, pending the outcome of the action before the council. Leases Newark, 0., House Newark, O., Oct. 4. — The new Arcade, owned by Ralph Dean Spen- cer, dark for the past four years, has been leased by Clark Rader, formerly with Publix, at Marion, O. The house is being remodeled and will open about Oct. 15. Casting Bureau to Help Aid the Needy Hollywood, Oct. 4. — In addition to the new complaint bureau set up so extras can air their grievances with- out jeopardizing their standing with producers, Campbell MacCullough, new head of the Central Casting Bu- reau, is installing a social service divi- sion and has employed Allan Mac- Donald and Mrs. Ethel Callis to be in charge. If work cannot be found for the needy, they will be recom- mended to various social service agencies. A. /. Callaghan Dies In Hollywood at 45 (Continued from page 1) whom reside here, and his parents, who live in Chicago, Callaghan's birthplace. Callaghan's passing came as a dis- tinct blow to Hollywood, of which he was one of the best-liked residents. Before joining Technicolor eight years ago, Callaghan was an independ- ent producer for six years. Prior to that he was assistant to George K. Spoor, then president of Essanay Film Manufacturing Co. Fox Collects from Dinehart on Delay Hollywood, Oct. 4. — Alan Dine- hart, who arrived here several days late 'for the start of his role in Fox's "Lottery Lover," was forced to kick back $10,000, which the studio had advanced him on the deal. Dinehart was delayed in New York because of work in a stage play. Cory Grant in "Wings" Hollywood, Oct. 4. — Cary Grant has been definitely set for the top role in Paramount's "Wings in the Dark," formerly titled "Eyes of the Eagle." Myrna Loy has the lead feminine role with Roscoe Karns in a featured comedy role. James Flood will direct. Vidor Back on Coast Hollywood, Oct. 4. — King Vidor has returned to Hollywood from Lon- don and has gone to work at United Artists where he will direct "Broken Soil." The picture goes into produc- tion Oct. 15 with Anna Sten and Gary Cooper in the starring roles. Takes Birmingham House Birmingham, Oct. 4. — A long lease on the Jefferson has been obtained by N. H. Waters, operator of several suburban theatres, from the Birming- ham Trust & Savings Bank. Com- bination stage shows and films are under consideration. Kerers Buy Out Davis Denver, Oct. 4. — George and Harry Kerer have bought out their partner, Abel Davis, and will con- tinue to operate the Capital Film ex- changes at Denver and Salt Lake City. Now "Devil Dogs of Air" Hollywood, Oct. 4. — A switch of titles at Warners tags "Devil Dogs of the Air" as the final release title on the James Cagney-Pat O'Brien vehicle, "Flying Marines." 8 MOTION PICTURE DAILY Friday, October 5, 1934 Form National Body to Make Family Films (Continued from page 1) ness men, club and organization offi- cials, civic and religious leaders. The initial plans of the organization, as set forth in Dr. Millar's statement, con- template production by independent producers of an indeterminate number of features and shorts from story ma- terial approved by a story selection committee of the foundation. That or- ganization would finance the produc- tion activities. A national sales organi- zation would be established by the foun- dation, according to its plans, but physical distribution would be handled by one of the national distributors. The release schedule of the founda- tion would be geared, according to its plans, to supply exhibitor accounts with program material for specially developed "family nights," preferably every Friday or Saturday, or both, during the standard 40-week school year. The organization's plans pro- vide for the release of a weekly fea- ture and three to five reels of shorts during the school year, but no definite commitment as to the actual number of pictures which will be released is made at this time. It is stated, how- ever, that the first production unit is expected to be in operation by next February. While the foundation states that it will be maintained financially by "the gifts and endowments of public- spirited men and women," it was inti- Baseball Fever Hollywood, Oct. 4.— Holly- wood's craziest bet has been made between Alexander Hall and Roscoe Karns. Each has posted six baseballs. If the Detroit Tigers win the World Series, Roscoe may pitch the balls at the win- dows of Hall's home. If the Tigers lose, Hall will do the pitching at Roscoe's domicile. mated that a stable source of revenue, not specifically described, would be available. Experienced film men will be iden- tified with the foundation, the organi- zation's statement declared, but their names were not made known yester- day. It is understood that Joe Brandt, former Columbia Pictures president, is among the film men who will be associated with the enterprise. The late J. D. Williams, founder of First National, was also identified with the foundation up to the time of his death. The organization's statement em- phasizes that it is a non-profit agency and that it will not "go into the busi- ness of producing pictures." It states that its principal reason for existence is the creating of films "of the type suitable for children as well as for the entertainment of adults," an ob- jective which the organization says the industry itself cannot devote all of its resources and ingenuity to producing. Incidental activities of the founda- tion will be a commercial "sponsor- ship" service through which local support will be recruited for films re- leased by any producer and approved by the foundation. Another planned activity will be in the non-theatrical field, involving the production of in- structional pictures for visual educa- tion under federal and state subsidies. In charge of this work will be a com- mittee of 25 educators headed by Dr. William H. Metzler, who has been associated with Syracuse University and the N. Y. State College for Teachers for 37 years. A partial list of the Foundation sponsors is : Dr. Endicott Peabody, headmaster of Groton School, Groton, Mass. ; Dr. Glenn Frank, president of the University of Wisconsin; Albert F. Gilmore, trustee of the Christian Science Publishing Society, Boston; Rear Admiral Richmond Pearson Hobson, U. S. N., retired; Mrs. Elizabeth Richey Dessez, long active in the film field ; Dr. Charles D. Trex- ler, president of the Greater New York Federation of Churches; Charles V. Vickrey, president of The Golden Rule Foundation; Carl Beck, efficiency engineer ; Roy Curtiss, pro- ducer of "The Cavell Case," who also initiated the program which resulted in the production of the "King of Kings" ; Eugene Randolph Smith, headmaster of the Beaver Country Day School, Chestnut Hill, Mass.; Fred R. Marvin, secretary and or- ganizer of the American Coalition of Patriotic Societies ; Miss Mary E. Hughes, organizer of the Woman's Division of the NRA, Louisville; Mrs. William Barclay Parsons, Jr., presi- dent of the Parents' League of New York City, and Rabbi Herbert S. Goldstein of the Institutional Syna- gogue, New York. All Theatres Open; Cincy Grosses Gain Cincinnati, Oct. 4. — Theatre busi- ness looks more promising here now than at any time for the past two or three years. All major houses in the downtown sector are open, and at- tendance is notably on the increase. "Belle of the Nineties" last week hit an estimated $22,500 for an eight- day run at the RKO Palace, which savors of pre-depression days. This is considerably ahead of some weeks at this house when a vaudeville and picture policy prevailed. The West opus has been transferred to the Lyric for the second stanza. Other houses in the past few weeks have shown gratifying results with the new season product. Para. Outing Set Oct. 14 Hollywood, Oct. 4. — The Para- mount Studio Club has switched the locale of their annual get-together to Catalina Island and have set the date for Oct. 14. The jamboree was formerly set for the Valley Country Club. An early estimate has 1,200 studio workers slated for the jaunt. Rogers Sees "Andy" Detroit, Oct. 4. — Will Rogers, here to cover the World's Series for Hearst, was a guest of Freddie Schader and David Idzal at the Fox. It was his first opportunity to see his latest Fox opus, "Handy Andy." Trotti Back on Coast Hollywood, Oct. 4. — Lamar Trotti has returned from South Carolina where he went for conferences with Robert Quillen regarding background material for Will Rogers' next picture at Fox, "Life Begins at Forty." Last Minute Changes End Film Dispute (Continued from page 1) stated, was not anxious to do busi- ness with the circuit because RKO turned down the product before. Failing to get together with Skouras on pooling of product for the Riverside, RKO will continue to show half of Warners and Para- mount in addition to all of Radio and Universal at the 81st St. on up- per Broadway. The Fox lineup con- tinues at the Riverside. George Skouras wanted to pool Fox with Radio, Universal, Colum- bia, Paramount and Warners, but be- cause of contracts entered into for the 81st St., giving Springer & Co- calis second run it was impossible to get clearance for the Riverside to show day-and-date with the RKO house. Skouras would accept no other terms than a simultaneous run before he pooled the Riverside with the 81st St. However, Skouras' Academy and RKO's Jefferson on 14th St. have combined product, with the former getting prior selection. Randforce tomorrow takes over the Utica, Brooklyn, from RKO in an exchange of product transaction. More Openings Are Set for Milwaukee Milwaukee, Oct. 4. — Milwaukee's Rialto will be fully lighted Oct. 5 when Fox's Palace and Warners' Strand reopen. The former will use stage shows with Jack Richards' band transferred from the circuit's Alham- bra and George Gambrill moved along as manager. Jim Casey, manager of the Palace until it went dark early in August, succeeds Gambrill in that capacity at the Alhambra, which inaugurates a dual policy under the new setup, the only first run house with this type of entertainment on the avenue to date. Mickey Kippel is slated to manage Warners' Strand, the policy of which has not yet been announced. Notices Are Posted At Missouri Theatre St. Louis, Oct. 4. — Two-week notices have been posted at the Mis- souri. The unofficial explanation is that this is a precautionary move in case F. & M. are unable to secure enough product to continue the dual bill policy. It is said the house will be kept open on a week to week basis. If stage shows are put in at the Ambassador or the Fox, some prod- uct may be switched from these to the Missouri. Fier on Mascot Tour Hollywood, Oct. 4. — Jack Fier has left on another tour of Mascot ex- changes. He will go east as far as Boston. Fier returned last week from an exchange tour. Het Manheim, Mascot publicity director, also checks out on a good will tour through Seattle, Portland and Vancouver. that's service! • Universal Newsreel pictures of the first World Series game were on Detroit's screens Wednesday Night — a few hours after the game! • Universal Newsreel pictures of the first game were on Broadway yesterday morning. • Universal Newsreel pictures of the first game were in St. Louis for the opening of the theatres yesterday. • Universal Newsreel pictures of the first game were in Los Angeles (and everywhere between West and East) last night! STEP OUT WITH - UNIVERSAL NEWSREEL 10 MOTION PICTURE •DAILY Friday, October 5, 1934 M-G-M Searching for New Writing Talent Hollywood, Oct. 4. — M-G-M has started an intensive search for new writing talent and has signed Dr. Gorlan Grewer, University of South- ern California English professor, to head the campaign. Grewer has already established 60 committees in as many University cities, where the initial works of bud- ding scenario writers are given the once over by the group. Those turn- ing in creditable work are given six- week tryouts by the studio with a long term contract for those who survive the test. Four youthful writers, who have al- ready been handed long termers through this medium are Charles A. Powell, Robert Parash, John Higgins and Richard Goldstone. Youngstown Groups Now Want Previews Youngstown, O., Oct. 4. — Pre- views of films to be shown in Youngs- town theatres will be asked by civic and club leaders to further the cam- paign for clean pictures here, Mrs. Oscar Meeks, chairman of the mo- tion picture committee of the Federa- tion of Womens Clubs, asserts. Mrs. Meeks says also that some at- tempt would be made to censor lobby displays of theatres. N. B. Folsom, president of the Fed- erated Churches, is arranging a con- ference shortly of club and church leaders with representatives of theatres to discuss the movement. Illness Halts Para. Film Hollywood, Oct. 4. — The with- drawal from the cast of J. M. Ker- rigan as result of illness has forced Paramount to stop production on "Father Brown, Detective." Work will be resumed when someone has been found to replace Kerrigan in the title role. Alfred Werker is di- recting the film, in which Gertrude Michael and Paul Lukas have the romantic leads. Berlin Gets 14 in July Washington, Oct. 4. — Fourteen features were exhibited in Berlin in July, 1934, as against 10 in June and only five in July, 1933, according to a report to the U. S. Department of Commerce from Acting Commercial Attache Douglas Miller in Berlin. Of the 14, six were German, two American, two French, and one each Danish, English, Austrian and Swiss. Thayer Gets Coast Post Cincinnati, Oct. 4. — R. W. Thay- er, manager of the local Ross Federal offices, has left for the west coast where he will be district manager, with jurisdiction over Los Angeles, San Francisco, Salt Lake, Spokane and Seattle. He is succeeded here by G. W. Wagner, manager of the Mil- waukee office. Variety Club Chatter Jensen Takes Col. List Seattle, Oct. 4. — Jensen- Von Her- berg, operators of the Liberty, Vene- tian, Roxy and Bagdad theatres in Seattle and the Roxy in Tacoma, have signed for the entire Columbia output for the 1934-35 season. "One Night of Love" will be the opening attrac- tion at the Liberty. Cincinnati Cincinnati, Oct. 4. — The first event of the new season, known as "Monte Carlo Night," got off to a flying start, with barkers and their guests present in large numbers. The adjoining room occupied by the Cin- cinnati Bridge Club was pressed into service. Weekly business sessions are out, although weekly luncheons and enter- tainment provided by the Kings for a Day will be the feature each Monday. The canvasmen will meet once a month. The frolic of Tent No. 3 is set for early November, arid will take place in the Netherland Plaza Hall of Mir- rors, according to present plans. Members are offering consolation to A. J. Wessell, whose son suffered the amputation of his leg as result of being struck by an automobile. N oah Schecter, chairman of the side show gang, narrowly escaped death or serious injury when his ma- chine was struck by another. As it was, his car was badly damaged. S. A. Galanty, member of Wash- ington Tent No. 11, was a visitor at the local club last week. Detroit Detroit, Oct. 4. — Variety Club has resumed its weekly luncheons at the Book Cadillac. Maurice J. Caplan, Metropolitan Motion Pictures, and Frank J. Downey, M-G-M, were the kings for a day. Mickey Cochrane and Hank Gkeenberg, stars of the Detroit Tigers, were honor guests. Next Monday, the club is planning a luncheon in honor of Col. W. S. Butterfield. It is also planned at this luncheon to present Butterfield the life honorary presidency of the club. Pittsburgh Pittsburgh, Oct. 4. — If the New York reservations continue to pile in for the annual Variety Club banquet at the William Penn on Oct. 14, a special train may be necessary. Forty- five entertainers already have agreed to come. Among reservations received are: Will H. Hays, John Royal, vice- president and program manager for NBC; Joseph Bernhard, general manager of Warner theatres ; George J. Schaefer, Paramount general man- ager ; Felix Feist, general sales mana- ger, M-G-M; Harold Kemp, artists' manager for NBC; Steve Trilling, Warners' Artists' Bureau ; Jules Levy, general sales manager for RKO ; Frank McCarthy, western sales manager for Universal ; Sig Witt man, Universal district mana- ger; E. C. Grainger, eastern sales manager for Fox; William F. Rodgers, eastern sales manager for M-G-M; Max Cohen, Edgar Moss, district manager for Fox in Philadel- phia ; Clayton Bond, chief film buy- er for Warners; John J. Payette, zone manager for Warners in Wash- ington ; Harry Thomas, president of First Division; E. L. McAvoy, east- ern sales manager for RKO ; Fred QurMBY, short subject sales manager for M-G-M ; Abe Montague, sales manager for Columbia ; Joseph Mc- Conville, assistant sales manager for Columbia; C. W. Bunn, general sales manager of Erpi ; Jack Skirball, tiducational sales manager ; George bKOURAs, vice-president of Skouras Theatres; W. P. Garyn, Mort Shea ot Shea t heatres ; Louis K. Sidney, general production manager for Loew's Theatres; Marvin 6chenck, manager of Loew's Artists' Service, and William Scully, New York manager for M-G-M. St, Louis St. Louis, Oct. 4. — Variety Club is staging its first edition of "A Couple of Knights in Russia" with a cast headed by Barkers Hoppe, the mad monk; Ed Rosecan, Shmushke, the mad kibitzer; Lou Ansell, the mad romancer, and Mrs. Chick Evans as the beautiful empress. Club has inaugurated free buffet lunches to all members and their guests any night of the week. New officers elected are: George Wiegand, treasurer; Al Woolf, sec- retary; Tony Metreci, chairman of the house committee ; Al Zimbalist, publicity counsel. George Tyson is expected here from Pittsburgh for the first annual ball. If business matters don't in- terfere, Johnny Harrid may tag along. Barker Silvert Setron has been transferred to Warners' Milwaukee zone. Barker James Walker became a benedict recently. Washington Washington, Oct. 4. — Sedate and quiet was the weekly luncheon of Tent No. 11, presided over by Frank H. Durkee and Walter D. Pacy, kings for the day. In lieu of giveaways, lotteries, or other what nots not particularly in good favor by codists at the present time, the Durkee-Pacy presented to the club $50 to be applied to Variety's fund for Christmas baskets. Entertainment came principally from the Earle Theatre stage show, featuring Bert Walton and Larry Adler, the virtuoso of the harmonica. Bert Wheeler, Radio star, socially visiting the Capital, attended as the guest of Hardie Meakin. Barker Wheeler regaled the audience with stories and latest Hollywood gossip. The names of Roy Knight, Warner theatre sound department; Norman Goldstein, Globe Poster Co., and Sydney Lehman, United Artists salesman, have been added to the rolls. Plans for the first annual banquet and ball are going forward, with Chief Barker John J. Payette and Canvas- man Carter T. Barron, co-chairmen of the committee, in charge. Barkers A. Julian Brylawski and Sol A. Rosenblatt will probably at- tend the annual meeting of the national organization on Oct. 14 in Pittsburgh. Variety Club Moves Begun in Milwaukee Milwaukee, Oct. 4.— Plans for a local chapter of the Variety Club are under way with the following 11 men selected to draw up a charter: Ben Koenig, secretary of the code boards here ; George Fischer, an officer of the M. P. T. O. of Wisconsin and Upper Michigan, Inc. ; Charles Trampe, president of the Film Board of Trade; E. F. Maertz, secretary-treasurer, Al- lied Independent Theatre Owners' Ass'n. ; A. C. Gutenberg, director of M. P. T. O. of Wisconsin; Sam Shur- man, M-G-M exchange manager; Art Schmitz, RKO exchange manager; H. J. Fitzgerald, general manager, Wis- consin Amusement Enterprises, Inc.; D. E. Weshner, general manager, Warners; E. J. Weisfeldt, managing director, Riverside, and Al Kvool, general manager, Saxe Amusement Management, Inc. Koenig and Trampe journeyed to Detroit Sept. 30 to study the activities of the tent in that city. The organiza- tion plans to be charitable as well as social. Plan New Detroit House Detroit, Oct. 4. — Alex Schreiber and William A. London, operators of several Detroit neighborhood houses, plan a new 1,100-seater in the south- western section of the city in the Ford motor district. New Iowa Ruling on Tax Put Into Effect Des Moines, Oct. 4. — A new method of advertising the sales tax rates on theatre admissions has been ordered by the state tax board accord- ing to a schedule prepared by theatre representatives. The ruling went into effect Oct. 1 after a survey by the board. Instead of the former method of 15-cent admissions, for example, with one cent sales tax, the fractional sys- tem is to be adopted, making the ad- vertising read "admission $.157 plus $.003 tax." The new system will be more accurate, according to Chairman Ray Murphy, as some theatres had previously announced admissions show- ing four per cent to 10 per cent sales tax, instead of the required two per cent. Milwaukee Houses Shift Milwaukee, Oct. 4. — The Fox Garden, formerly operating on an ex- tended run policy, has reverted to the first run column with "The Count of Monte Cristo" as the current at- traction, and an admission policy of 25, 35 and 40 cents. The circuit's Alhambra, playing first run pictures since its reopening a month ago, has reverted to extended runs and con- tinues its vaudeville policy. Reopen- ing of the circuit's Palace is slated for early next month. Cincy Warnerites Elect Cincinnati, Oct. 4. — The local Warner club has elected the following officers : Stanley Hecker, president ; Helen Fleming, vice-president; Sarah Frown, secretary; James Brunetti, treasurer; Al Shmitken, branch man- ager, is chairman of contribution and loans. McLucas Holds Post Omaha, Oct. 4. — At the annual election of officers, D. V. McLucas, United Artists exchange manager, was reelected president of the Omaha Film Board of Trade and C. K. Olson, Warner branch manager, was re- elected vice-president. Lyric by MORT DIXON Pop ! Goes Your Heart Music by ALLIE WEUBEL mm 1 «|) d Quite un-ej -s— «ri H^—"P™,H s:-pect-ed- ly a love-ly face you see and sud-den-ly, 1 >• mrs 1 m your heart. m~ — fill* * i -rf [bp F F 1 P ■ ■ |5» Mm - _«t Wit ff P h-J — m h-ou t a wai n-ingword, a cha rm-inj k= £VO ice is neard,and sud-den-ly, — H — 1 — 1— J — ^fefen H * • < : i • ■ — ■ f: i 0 i 4 :: •§ -5* 3 -« fa* ■ m «r» 0' Popl goes your heart, ii When life is just a bowl of with-ered fruit, If1" 1 1 1 0 — J- CI So sour and dry, You iust want to Try these 5 yoUr piono (or y„ur SOA,e cry, _ Then St) HITS J— 5 1 r Lyric by MORT DIXON Happiness Ahead J J J) p p p jl Music by ALLIB WRUBEL 1 5 Sweet -t heart, there must be hap - pi - cess a - head, P' F P P P f ^ IP" F P P I'm sure we'll spend a day of cheer-. i for ev - 'ry lit - tie tear_ we've m &—9 i * ^ p P P P i see our hap - pi - ness a - head and there's a . then imagine OfCfr thei« to a gorgeous new SCree s,"g/ng Lyric by IRVING KAHAL Beauty Must Be Loved ^-pla ' ■ ud yo 1 5 # u wi 1 th > j . J >• 15 4 ^ l f 1 — J n iM r .J my em - brace, dear> Give me your arms » Beau - ty must be HUTCHINSON, direct from her trf. tP**»N t ^ N# Y. Repertory Theatre 3 ••jOS uthefomoos Lyrics by JVIORT DIXON Songs reprinted by permission of the copyright owners, M. Witmark & Sons Words by ALLIE WRUBEL All On Account Of A Strawberry Sundae i fee* I W 0 They flirt - ed on Fri day and mar - ried on Mon day, 1 #i i "9" dae. They All on ac - count of a straw -ber - ry sun * 5 9 ' 1 «5 i 22 built a house for two, Be i 1 p — : — -~* — i 't0 • * « — « — ii lieve it or not, that's what a sun - dae can do. using «» entirely new fe^ni9We If they had ■ — of Words and Music by tTr. ^ BERT KALMAR The Window Cleaners and harry ruby 3 5 -t — #■ Ev' - ry morn -ing we be - gin On the out -side look - ing in. You I1' ; "/ f1 1/ ; n 1 JL , j- J'1 1 Z2I 5>- 5r ife h|' r ^ ^ * i , , . =*== bet we see i i j j r ' lot while we n l ,1 J , tas - J 1 sage t ' «f i win - d i1 ow t I 7 * y t ' 1 f j * f ^ — f [ 1 Mr P r J 22: pane. Out the win - dow we would go If we told the I H o EE J- J> J ! q rf — r — 9 L- ^•iW ~5 =j m things we know, But we're too wise to scan - dal - ize? From ' J°hn Halliday, Frank jwVuV.^h d sorroonded I by a cast-fu|| of stars J I 1 iff oneV ifl VARIETY MOTION PICTURE HERALD FILM DAILY Happiness Ahead Familiar in story, 'Happiness Ahead' becomes excellent enter- tainment through dialog and di- rectorial treatment. Picture has speed and novelty, should land in the good grocsers. Noteworthy is the cinematic debut of Josephine Hutchinson. Despite the lightness of her part. Miss Hutchinson gives evidence of becoming a stellar screen bet. With a quality similar to that of Helen Hayes, she will be a femme favorite. As an heiress who is tired of the pomp of her surroundings and a domineering mother, Miss Hutchin- son sneaks off, becomes acquaint- ed with Dick Powell, a window-, washer. She finds Powell and his friends genuine. In an effort to help him better himself, she bor- rows money from her indulgent father. Powell, not knowing she is weathy and believing the father to be her boy friend, gives her the air. Dad squares things in time to save her from marrying a man her mother has chosen. Mervyn LeRoy has given the story a freshness that was neces- sary to lift it above commonplace. His fast direction keeps the yarn from dragging. Dialog is, above par, giving all the characters a naturalness often missing. Powell is himself as the window lassager. He sings four numbers, of them socks. 'Pop Goes "*—»«tl^will get a good recep- £jndow Panes,' jas ex- yd Happiness Ahead (Warner) Romance This picture is composed of popular enter- tainment and showmanship elements. It's a love story, chockful of human interest. The Cinderella theme is novelly reversed; a rich girl falls in love with a regular fellow poor boy. A spirit of gay romantic adventure moti- vates. Yet supplementing that quality there's plenty of comedy in dialogue and situations. There's action enough to give the show a tinge of realism. Occasionally comes a pulse-quicken- ing thrill, Logical is the touching tinge of con- trasting drama, made more potent by smartly controlled suspense. Music, both in song and accompaniment, fulfills a different function than in previous Dick Powell pictures. While it is a feature by itself, its primary purpose is to accentuate the romantic quality of the theme. In addition to its entertainment quality, it un- covers Dick Powell as a star not entirely de- pendent upon his singing ability. Also it introduces a new personality, Josephine Hutch- inson, not an electric beauty but an actress of ability with the earmarks of potential popularity. While it covers much that is colorful and interesting, the story is simple and natural. Wealthy Joan finds no interest in the sham and foible of high society. New Year Eve, on an adventurous quest, she lands. in a Chinese res- taurant. The people there thrill her; she is made one of a party, window- washers and shop girls. Romance comes, quick, clean and ap- pealing, for her and Bob Lane. To shield her identity, she rents a walk-up fiat. . All goes well until ambitious Dick, desiring to go into the window-washing game for him- self, but not having the necessary dough, sees Joan get the money from her father. Not knowing the relationship, but accepting the sk^Jie thinks he is being two-timed id to the romance^ " "HAPPINESS AHEAD" with Dick Powell, Josephine Hutchinson First National 86 mins. CLICKS STRONG WITH WHOLESOME HUMAN INTEREST DRAMA AND SWELL ROMANCE THAT WILL GET THE FEMMES. Mervyn Le Roy comes through with a prand human interest document filled with delightful and natural touches that are 6cund to panic the fesnmes of high and low degree. But perhaps initial credit must be given to Harry Sauber for writing a dcwn-to-earth original without any Hol- lywood hoke and plenty of the stuff that brings a catch in the throat and a smile to the lips at the same time. And that's a type of writing very scarce on the screen. Josephine Hutchinson comes through as a great bet with an extremely natural and charming personality that grows on you. And how that girl can troupe! A grand team — she and Dick Powell, the latter do- ing the best work of his career in this one. It is a Reverse Cinderella story— with the rich girl playing at being a poor girl so she cat? get some real happiness and romance out of life. And Powell sings a couple cf songs — especially a sort of theme song throughout— that fits in perfectly to plot development and makes the lavish musicals Icok weak stacked against this produc- tion's swell human interest story. Cast: Dick Powell, Josephine Hutchinson, John Ha'iiday, Dorothy Dare, Frank Mc- Hugh, Alien Jenkins, Ruth, jorie Garesor to ,\Yc* „ ' H^o^ ,f hove aone sU9^ss *H ^ <*/> Jane Dai welT^H^J # / assignments. Photography, particularly^!^ Miss Hutchinson, is very goodT^^ gone " Bros.> "HAP*»V a cnSPSHBI IBjj^^BHeuished with- the elements they" most appreciate, should go a long way. — McCarthy, Hollywood. iBnVExcellent. Photography, ciocd. Friday, October 5, 1934 MOTION PICTURE DAILY 17 Short Subjects 'Tale of the Vienna Woods" (M-G-M) An entertaining Technicolor cartoon that tells the story of the old fairy tale of the deer and the pedestal satyr. The deer and the satyr play about the woods and are chased by a pack of hounds. Later, the deer is cornered by the dogs and the satyr rescues him. Running time, 8 mins. "His Lucky Day" (Educational) Featuring Ernest Truex and Jose- phine Dunn, this short is good enter- tainment for any region. It has every- thing, particularly comedy. The story centers around a dinner that Truex gives at the hint of his boss in order to impress a big buyer of their com- pany's product. With the help of an Italian gardener and a washer-woman, Truex prepares the meal and the din- ner comes off in a manner that ought to hand many a laugh to audiences. Production code seal No. 120. Run- ning time, 18 mins. "Picturesque Portugal" (Fox) The Magic Carpet of Movietone journeys through Portugal in this reel, starting with shots of dances at a fishing village and ending with views of the city of Lisbon. Particu- larly interesting are scenes of the countryside, herding bulls and round- ing them up for the arena, a bullfight in Lisbon and maneuvers of the Re- public's crack cavalry. Running time, 7 mins. "Time on Their Hands" (Educational) Featuring Charles Carlisle, the radio star, this short is excellent vocal entertainment. Carlisle sings several numbers, old prison ballads. The Mountain Melodeers form the choral background for all the numbers, along with the Eight Buccaneers. Ferde Grofe supervised the music. Produc- tion code seal Xo. 97. Running time, 10 mins. "Stars in the Making" (DuWorld) Good entertainment is this short, with a capable cast and a plausible and interesting story. Audiences will like it because of its behind-the-scene shots of Hollywood's studios. Frank Albertson and Yvonne Pelletier are featured, playing the parts of two ex- tras in pictures, and the film traces a day in their life as they work in a studio. Running time, 16 mins. "The Black Sheep" (Educational) A Terry-Toon cartoon that should appeal to children. It is based on the tale of the sheep who cried wolf once too often, but with a novel twist at the end. Appropriate music accom- panies the action. Production code seal No. 144. Running time, 5 mins. "Goofy Movies No. 8" (M-G-M) Pete Smith gives a dissertation on the fashions of 1913 and then presents an old time "mellerdrammer" of 1909. As usual his comments are to the point. Running time, 8 mins. MOTION PICTURE DAILY* HOLLYWOOD PREVIEW "Transcontinental Merry -Go- Round" (Reliance-U. A.) Hollywood, Oct. 4. — Varied in entertainment appeal, running the gamut from mystery to melodrama, to backstage, to radio show, to girlie, girlie musical, to cheating cheaters and romance, Edward Small has impounded a highly satisfactory show with vitality and personality. Laid aboard an ocean greyhound, the story is told in retrospect. It visualizes a crazy quilt drama, intermingling wise guys, good and shady ladies, honest hearts and their crisscross motives, which pattern balances with comedy and song set amid lavish and luxurious decorations. Name values are : Gene Raymond, in his best performance ; Jack Benny, the Boswell Sisters, Mitzi Green, Jean Sargent, Jimmy Greers' Orchestra from radio, and a cast with Nancy Carroll, Sidney Blackmer, Ralph Morgan, Shirley Grey, Sam Hardy and William Boyd. Sid Sil- vers and Sidney Howard, British comics, handle the comedy for boister- ous reactions. The production has been smartly directed by Ben Stoloff. It is from Leon Gordon's original, with added agile dialogue by Joseph Moncure March and Harry Conn. Original musical numbers were staged by Larry Ceballos and Sammy Lee with Ted Tetzloff. The photography is superb. The masses will like this for its colorful, vivid and juicy entertain- ment. Production code seal No. 267. Running time, 93 minutes. Looking 'Em Over "Thunderstorm" (Amkino) In "Thunderstorm" Soyuzfilm has built a grim, sombre tragedy on the theme of an unhappy marriage. Those who like Russian films will find it strong and perhaps satisfying entertainment, but those who go to the theatre chiefly for diversion will find it a bit too drear and pon- derous to suit their tastes. From the start there is a feeling of impending doom. The bride of the tale is married to a stolid young merchant with nothing of the lover about him. To make matters worse he is slavishly obedient to his mother. With him it is mother first and wife second. Driven frantic by his neglect of her, she falls in love with a man possessing the roman- tic qualities lacking in her husband. In a highly dramatic scene the woman confesses her guilt when she is seized with fear at the end of a church service. Knowing what lies in store for her should she remain with her husband and defeated in her effort to throw in her lot with her lover, she casts herself into the Volga. A. K. Tarasova plays the tragic bride with great effect. The others, comprising V. O. Massalitinova, I. P. Tschouvelev, I. P. Zaroubina, M. M. Tarkhanov, I. I. Jaroff and M. I. Tsarev, are first-rate. Vladimir Petrov directed. There are English sub-titles in profusion. Running time, 78 minutes. "A Successful Failure" (Monogram) An entertaining melodrama designed for family appeal. William Collier, Sr., is outstanding on the list of performances which includes Lucile Gleason, Russell Hopton, Gloria Shea, William Janney, Jameson Thomas, George Breakstone, Richard Tucker and Clarence Wilson. Hounded by his family to get an increase in salary, Gleason is fired by his newspaper when his eyes begin to fail. Hopton, who is in love with Gleason's daughter, Miss Shea, quits his job because he has faith in the older man's possibilities as a columnist. Gleason has been writing some stuff which continues to be rejected by editors. Hopton becomes his manager and through Tucker, head of a radio station, Gleason gets a radio booking and later becomes a sensation. Gleason manages to keep the change in jobs from his family until he is injured in a park riot in which his son, Janney, is one of the insti- gators. The rift between Miss Shea and Hopton is settled satisfactorily as well as the family troubles. Running time, 62 minutes. (Additional reviews on page 18) Short Subjects "Yokel Dog Makes Good" (DuWorld) A dog whose main accomplishments are walking on his hind legs and roll- ing over is featured in this short. The dog crashes Hollywood and at- tains stardom in pictures only to lose out with the advent of sound. The final shot has the animal returning with a litter of pups, to launch them as "baby stars." It's all rather silly. Running time, 16 mins. 'Nifty Nurses" (Educational) Here is a short that is ace enter- tainment. It appears to be a musical burlesque of "Men in White." The entire action is in a hospital, with Billy Gilbert taking the play away from Johnny Downs and Sally Sweet, who are featured. The wind-up of the film is in an operating room, with nurses and internes acting as a cheer- ing section, and this part of the pic- ture, with its dialogue and comedy, should have audiences holding their sides. Reviewed without production code seal. Running time, 18^4 mins. "On Foreign Service" (Fox) Another of the Adventures of a News Cameraman series. It is very interesting. Europe and outlying places are covered. Shots include fighting elephants in India, whip fight- ers in Bali, African warrior dances, swordfishing off New Zealand, sabot making in Holland and canoe racing on the Rhine. Reviewed without a production code seal. Running time, 7 mins. "Mickey Plays Papa" (Disney-United Artists) Pluto, the dog, steals this hilarious cartoon away from Mickey Mouse. A baby is left on Mickey's doorstep one stormy night and Pluto's efforts to amuse the child, assisting Mickey and on his own, had a local theatre audience howling. By far one of the funniest Walt Disney cartoons in some time. Recommended for any audience. Production code seal No. 248. Running time, 7 mins. "Sword of the Arab" (DuWorld) Western fans may appreciate this short, but, except for some stunts by a trained horse and some excellent horsemanship, it is shy on entertain- ment content. The story is centered around an American rancher in Arabia to buy some native horses. His prize mount is stolen, along with his daughter, by bandits and recov- ered by his top hand. Running time, 26 mins. "The Chump" (DuWorld) With Hal Skelly, Lina Basquette and Sally Starr in the cast, this short is disappointing. Skelly is an escaped lunatic with a passion for writing checks to pretty girls and finally be- comes entangled with Miss Basquette and Miss Starr, only to leave them stranded with no money in a night club. Running time, 20 mins. 18 MOTION PICTURE DAILY Friday. October 5. 1934 Third Hearing Set On L. A. Schedules {Continued from page 1) been listening to arguments of ex- hibitors, attorneys and distributors on the schedule. Yesterday's session opened at 10 A. M. and adjourned shortly after noon because members of the com- mittee had made previous appoint- ments. The meeting will be contin- ued this morning with the same com- mittee. Cincinnati, Columbus and Dayton schedules were up for an airing at an afternoon hearing at Campi by an- other appeal committee. Won't Bring Agency Hearings to Coast Los Angeles, Oct. 4. — Division Ad- ministrator Sol A. Rosenblatt today blasted the Academy's hopes that hearings on the agency code might be transferred to the coast when he declared as he was about to board a plane for San Francisco, where he addresses the American Federation of Labor convention tomorrow, that they would be held in Washington as pre- viously scheduled. The Academy had wired Rosenblatt at the Beverly-Wilshire here last night requesting the hearings be held in the west as the leaders of the various branches of the organization could not gc to Washington because of the time and money involved. While it believes it unjust to have the hearings held 3,000 miles away when the whole document primarily concerns those here, the Academy is proceeding to publish and distribute the text of the agency code. It is claimed the local NRA headquarters have only 100 copies of the document for distribution, a quantity held insuf- ficient to fill the demand. Rosenblatt would not say whether he would return here or not, but he had a round-trip ticket with him. It is possible he may return tomorrow after his address at the A. F. of L. meeting. Code Probe by U. S. Asked by Wis. Allied {Continued from page 1) similar to those passed by Allied of New Jersey at its recent convention at Atlantic City. The meeting voted to wire John C. Flinn, executive secretary of Campi, asking why the local clearance board has not yet set up a zoning plan for Milwaukee and Wisconsin. It will be pointed out that exhibitors cannot buy until the schedule has been adopted. The annual convention of Wiscon- sin Allied is slated for early in Jan- uary, at which time new officers will be elected. Denver Council Acts To Allow Giveaways {Continued from page 1) board, and appeals have been handed down, confirming the decisions. The city ordered all giveaways stopped when it was found they were forbidden by ordinance. Following that, the local grievance board ordered Huffman to stop the auto giveaways. His appeal has not Looking 'Em Over "Power" (Gaumont British) Gaumont British has shrewdly capitalized on the current interest in the German attitude toward the Jews in presenting the film version of Leon Feuchtwanger's novel, "Jew Suss," but whether it has turned out a piece of popular entertainment remains to be seen. Unlike the Disraeli of Arliss, whose struggle for power is ennobled by an abiding patriotism and an altruistic desire to better the lot of his people, the central character in this picture is driven by an unrelenting fate in the person of a mysterious rabbinical figure to save the life of a condemned Jew. The same fate sends him publicly to visit his mother and to give a grudging recognition to his daughter. Conrad Veidt gives a splendid performance in a difficult role. He insinuates himself into the life of a dissolute duke, Frank Vosper, and pushes him to heights of power. In doing it, however, he turns the one love of his life, Benita Hume, over to the duke; he almost lets an innocent man die as a matter of policy. His retribution comes when his daughter commits suicide to escape the duke's attentions. In the last reel of the picture he gets a Machiavellian revenge and dies on the gallows seeking peace of spirit. The picture is beautifully photographed and splendidly staged, but seems episodic until the closing sequences, where Veidt seeks something beyond his personal aggrandisement. Cedric Hardwicke gives a sharply etched performance as the mys- terious rabbi. Lothar Mendes directed. Production code seal No. 149. Running time, 105 minutes. "The Scotland Yard Mystery" (B. I. P.) A mystery yarn which holds the interest despite the fact that the designing villain is known to the audience all the time. It is typically an English picture in regard to accent and names. Not one of the cast is known in this country, but nevertheless all turn in capable perform- ances. The story is that of a hard medical man at Scotland Yard who per- fects a formula which, injected into the victim makes him appear dead. With the aid of an anti-toxin, the subject comes back to life none the worse for his experience. By this method the medical chief lines up five persons, insures them, and after giving them his treatment has them declared dead to collect insurance money. Sir Gerald Du Maurier, in whose employ the medical man carries on without suspicion, is called in on the case when his future son-in-law, a doctor for the insurance firm, is accused of dirty work after he has passed the men as physically fit. Du Maurier works on the job alone and after a series of clues gets on the trail of his man and finally nails him. In the cast are George Curzon, Grete Natzler, Belle Crystal, Leslie Perrins, Walter Patch, Henry Victor, Herbert Cameron and Frederick Paisley. Thomas Bentley directed. Running time, 72 minutes. "Freedom of the Seas" (B.I. P.) An entertaining bit of humor and drama combined in a nicely bal- anced story. The picture starts off in a comedy vein and about midway goes straight drama. The players, with the exception of two, have de- cided Cockney accents. On the whole, it is amusing and enjoyable. Clifford Mollison, a sheepish clerk in the office of Wendy Barrie's father, makes a mess of his advances to Miss Barrie and is fired. A friend of his father comes to Mollison's aid, advises him to join the naval reserve and prove to the girl and her father his capabilities. After three years in the service he is assigned to a freighter. Shortly after his arrival on the cargo boat, Mollison learns that Miss Barrie, her father and Zelma O'Neill, a chorine, are on it, having been rescued from another ship which has been torpedoed by a U-boat. Also on the freighter is a German spy, who has bribed the radio operator to send messages to a U-boat. The hero learns what is transpiring, and, playing a lone hand, kills the spy and sinks the U-boat, saving the day tor all concerned. Mollinson wins the girl and also praise from her father for his fine work. Running time, 77 minutes. been decided. In his appeal Huffman under the guise of code or otherwise, claimed that anyone who interfered would be liable for any damages in- unlawfully with a business, whether curred because of the interference. Says Columbia Not To Produce Abroad (Continued from page 1) of the foreign personnel and no new offices have been opened recently, Seidelman added. Business in England is very good and other countries are progressing and improving every month, he said. Seidelman is holding conferences with Jack Cohn. Within the next 60 days "One Night of Love" will be shown day and date in 12 important cities of Europe. RKO Vaude Renews Rochester Activity Rochester, Oct. 4. — With all down- town theatres except one in the hands of Comerford, competition that had been lax for the best part of a year burst out again here today with the RKO Palace opening vaudeville and first run film shows to combat Loew's Rochester. Loew's, which started the ball roll- ing last week by jumping suddenly into double bill shows and almost as suddenly quitting them, is keeping its eye peeled on the RKO experiment. The Rochester, which has the largest stage here, tried vaude several times before and gave it up. The Palace, Regent, Century and Capitol now are controlled by Comer- ford, who also is bidding against Schine to buy the Fennyvessy houses, Monroe and Madison, two biggest neighborhoods in the city. The Pal- ace has boosted its payroll to 75 men, has hired Russ Kahn as orchestra leader, and has recalled Charles Cole as stage manager and Tom Grierson as organist. Powers to Conduct Vigorous Campaign William T. Powers, who was re- cently nominated as the Republican candidate for attorney general of New York State, is preparing a vigorous campaign for the coming election. Powers is well known in film cir- cles, having been associated with Fox West Coast in Los Angeles for a number of years. He recently was transferred to New York to handle code matters in connection with F.W.C. He makes his offices at the Fox home office, which is also eastern headquarters for F.W.C. Johnson in Store Talk General Hugh S. Johnson will speak at Hearn's department store this morning at the conclusion of the cele- bration of its 107th anniversary'- The former NRA administrator's talk, which will last a half hour, will be broadcast over a nationwide hookup. Kuykendall Off Today Ed Kuykendall leaves for Memphis today. He was delayed yesterday by the Los Angeles clearance and zon- ing hearing. The M. P. T. O. A. head was one of the three members of the appeal committee hearing, which took two days. Fox Signs Composers Hollywood, Oct. 4.— Fox has signed Ray Henderson, composer, and Ted Koehler, lyricist, to join the music department. FOOTBAL —AND JUST JN TIME FOR YOU ! - . THRILLING ROUSING MUSICAL FEATURE IN THE COLLI SPIRIT WHEN THE WHOLE COUNTRY IS IN FEVER. H YING, PRACTISING AND TALKING FOOTBA CO .1 TWO REELS OF SOUL-STIRRING BLOOD-POUNDING ENTERTAIN- MENT YOUR AUDIENCES WILL STAND UP AND CHEER I Featuring HAL ROBERTS And his Famous TROJAN BAND I w 20 MOTION PICTURE DAILY Friday, October 5, 1934 Hollywood Personals Hollywood, Oct. 4. — Al Kaufman celebrated his birthday with a big party given by the Carl Brissons . . . and the Frank Tuttles partied the Bing Crosbys on the occasion of their fourth wedding anniversary. . . . Dick Powell back from his personal appearance tour. . . . Mary Boland vacationing in Del Monte. . . . Lee Tracy off for his first cruise on his new yacht. . . Warner Oland loses his tonsils in Santa Barbara. . . . Warners borrow Roscoe Karns from Paramount for "Racing Luck." . . . Fred Keating fully recov- ered from his recent illness. . . . Ann Dvorak gets the leading role opposite Rudy Vallee in "Sweet Music" at Warners. . . . Joan Crawford driving a new roadster, pure white from tip to under. . . . Oliver Hardy forced Hal Roach's property department to refill a pool when he plunged in too enthusiastically for scenes in "Babes in Toyland" with his 200 some odd pounds. "Belle" Gets $61,000 for B'way Start "Belle of the Nineties" was a heavy draw at the Paramount las£ week, but did not reach the sensa- tional hit class, as it has done in other parts of the country. The take was $61,000. "British Agent," at the Strand, took $41,000, fine money for this house. The Roxy did well with "Chu Chin Chow," grossing $32,600 on the week. "Richest Girl in the World" reached $70,000 at the Music Hall. The Capitol had a mild week with "Death on the Diamond" on the screen and Jackie Cooper, Ed Sullivan, George Jessel and others on the stage. The gross was $37,640. Estimated takings : Week Ending Sept. 25: "AFFAIRS OF CELLINI" (U. A.) RIVOLI— (2,300). 40c-99c, 3rd week, 7 days. Gross: $15,000. Week Ending Sept. 26: "RICHEST GIRL IN THE WORLD" (Radio) RADIO CITY MUSIC HALL— (5,945), 35c-$1.65, 7 days. Stage show. Gross: $70,000. Week Ending Sept. 27: "DEATH ON THE DIAMOND" (M-G-M) CAPITOL— (4,700), 35c-$1.6S, 7 days. Stage: Jackie Cooper, Ed Sullivan, George Jessel and others. Gross: $37,640. "DOWN TO THEIR LAST YACHT" (Radio) PALACE— (2,500). 25c-77c, 7 days. Vaude- ville. Gross: $8,000. "BELLE OF THE NINETIES" (Para.) PARAMOUNT— (3,700), 35c-99c. 7 days. Gross: $61,000. "CHU CHIN CHOW" (Gaumont British) ROXY— (6,200), 25c-55c. 7 days. Stage show. Gross: $32,600. "BRITISH AGENT" (F. N.) STRAND— (2,000), 25c-55c, 7 days. Gross: $41 000 Week Ending Oct. 1: "SERVANTS' ENTRANCE" (Fox) MA YFAIR— (2,300), 35e-65c, 7 days. Gross: $9,300. "GIFT OF GAB" (Univ.) RI ALTO— (2,300) , 25c-65c, 8 days. Gross; $12,000. Rogers Is $8,000 Smash in Oklahoma Oklahoma City, Oct. 4. — This town stops work when a Will Rogers picture comes to town. Last week the Midwest topped average by 100 per cent on "Judge Priest," the take going tc $8,000. "Chained" did good business, too, pulling $6,300 at the Criterion. "Ro- mance in the Rain" took $2,000 at the Liberty. The latter take in four days is average for seven days. Total first run business was $19,700. Average is $13,500. Estimated takings for the week end- ing Sept. 29 : "CHAINED" M-G-M) CRITERION— (1.700), 10c-20c-36c-41c-56c. 7 days. Gross: $6,300. (Average, $5,000) "JUDGE PRIEST* (Fox) MIDWEST — (1,500), 10c-26c-36c-56c, 7 days. Gross: $8,000. (Average, $4,000) "SCARLET EMPRESS" (Para.) CAPITOL— (1.200). 10c-20c-26c-36c-41c, 7 days. Gross: $2,400. (Average, $2,500) "ROMANCE IN THE RAIN" (Univ.) LIBERTY — (1,500), 10c-15c-26c-36c (South- land Revue on stage) 4 days. Gross: $2,000. Average week $2,000) "DUDE RANGER" (Fox) LIBERTY — (1,500). 10c-15c-26c-36c, 3 days. Gross: $1,000. (Average week $2,000) "Belle" Leads Three Detroit Hits, $28,600 Detroit, Oct. 4. — Three hits in one week knocked all the local box-office calculations askew. "Belle of the Nineties" led the pa- rade with a take of $28,600 at the Michigan. This topped normal by $8,600. "Barretts of Wimpole Street" was a close second with $16,600 at the United Artists, over average by $6,600. "One Night of Love" was the third smash at $19,600 at the Fox. Total first run business was $79,500. Average is $75,000. Estimated takings for the week end- ing Sept. 27: "CHARLIE CHAN IN LONDON" (Fox) "THE HUMAN SIDE" (Univ.) ADAMS— (1,770). 10c-40c. 7 days. Gross: $4,200. (Average. $5,000.) "THE DRAGON MURDER CASE" (Warners) BROADWAY-CAPITOL— (3.448), 15c-40c. 7 days. Gross: $3,200. (Average. $10.- (XX). ) "SHE LOVES ME NOT" (Para.) FISHER — (2.975). 10c-40c. (2nd run). 7 days. Stage: Lee & Rafferty Revue. Harry Kahne, Peter Higgins, Joe & Jane McKenna and Ching Ling Foo. Jr. Gross: $4,900. (Average, $10,000.) "ONE NIGHT OF LOVE" (Col.) FOX— (5.100). 15c-65c. 7 days. Stage: Irene Beasley. in person, Bobby Vernon Sz Gwen Stone. Hatty Burns and 24 Carla Torney Girls. Gross: $19,600. (Average. $25,000.) "BELLE OF THE NINETIES" (Para.) MICHIGAN— (4.100), 15c-65c. 7 days. Stage: Lewis % Moore, Reiss Vn, Dunn. Cookie Bower and the Gertrude Hoffman Girls. Gross: $28,600. (Average, $20,000.) "SHE LOVES ME NOT" (Para.) "NOTORIOUS SOPHIE LANG" (Para.) STATE— (3.000). (2nd run). 10c-35c. 7 days. Gross: $2,400. (Average. $5,000.) "BARRETTS OF WIMPOLE STREET" (M-G-M) UNITED ARTISTS-(2,070). 15c-S0c. 7 days. Gross: $16,600. (Average, $10,000.) Clark Is Reelected Film Carriers Head Detroit, Oct. 4. — James P. Clark was reelected president and treasurer of National Film Carriers, Inc., at the closing session of the two-day convention here. Other officers reelected were : Vice- President, Harold C. Robinson; sec- retary, Clint Weyer ; executive com- mittee, George F. Callahan, Clark, L. C. Gross, Harold C. Robinson and John Vickers. The convention decided to main- tain a representative in Washington to fight road and gas taxation. West Strong As Heat Hits Los Angeles Los Axgeles, Oct. 4. — One of the hottest spells recorded for this sea- son in many years, plus the opening of the football season and Sunday professional football, affected box-of- fice intakes considerably. The Paramount dropped to $21,780 on the second week of "Belle of the Nineties." but this was still $3,780 over normal. All other first runs were below par, however. Total first run business was $66,- 180. Average is $69,200. Estimated takings for the week end- ing Oct. 3 : "JUDGE PRIFST" (Fox) LOEWS STATE— (2.413), 30c-55c. 7 davs. Gross: $14,300. (Average. $14,000.) "BELLE OF THE NINETIES" (Para.) PARAMOUNT— (3.595), 30c-55c. 2nd week, 7 days. Stage: Al Lyons and his Ambassadors. F. M. revue. Gross: $21,- 780. (Average. $18,000.) "THE FOUNTAIN" (Radio) RKO— (2.700). 25c-65c. 7 davs. Gross: $6,600. (Average. $8,000.) "BULLDOG DRUMMOND STRIKES BACK" (U. A.) UNITED ARTISTS— (2.100). 30c-55c. 2nd week. 4 days. Gross: 4.800. "THE FOUNTAIN" (Radio) WARNER BROS. (HOLLYWOOD)- O000). 25c-65c. 7 davs. Gross: $8,200. CAverage. $14,000.) "HOUSE WIFE" (Warners) "THE DEFENSE RESTS" (Col.) WARNER BROS. (DOWNTOWN)— C3.400), 25c-40c. 7 days. Gross: $6,700. (Average. $12,000.) "CHARLIE CHAN IN LONDON" (Fox) "REDHEAD" (Monogram) PANTAGES— (3.000), 25c-40c. 7 days. Gross: $3,800. (Average. $3,200.) Survey Shows Films Third as Recreation Surveys conducted by the National Recreation Ass'n. of New York in 29 cities indicate that films rank third as a form of entertainment for 5,002 persons reporting. Of this total 3,977 preferred read- ing newspapers and masrazines, 3,955 ?ive the radio as their favorite form of entertainment, and 3,670 listed themselves as film fans above all ^1«e. Dover Honors Nugents Dover, O., Oct. 4. — This town has honored its best known family, the Nugents. A referendum to pick a name for the old Ohio theatre re- sulted in an overwhelming majority for Nugent. West Opus Is $14,000 Wow, Kansas City Kansas City, Oct. 4. — "Belle of the Nineties" gave the Newman one of its big takes of the year, garnering §14,000 in eight days and an all-night opening show. "The Barretts of Wimpole Street" sent the Midland's figure to $15,000, high for the week. The Tower nabbed $8,800 with "Gift of Gab" and a stage show, while "Cat's Paw" did an average §3,400 in a second stanza at the Uptown. "The Richest Girl in the World," the Main- street's attraction, together with the Ross-McLarnin fight pictures and "La Cucaracha," trailed at $5,000. Total first run business was $46,200. Average is $36,500. Estimated takings : Week Ending Sept. 27: "THE RICHEST GIRL IN THE WORLD" (Radio) ROSS-McLARNIN FIGHT (Oliver) MAIN STREET — (3,100). 25c-40c, 7 days, plus Saturday late show. Gross: $5,000. (Average, $7,000) "THE BARRETTS OF WIMPOLE STREET" (M-G-M) MIDLAND— (4,000), 25c-40c, 7 days, plus Saturday midnight show. Gross: $15,000. (Average, $11,000) "BELLE OF THE NINETIES" (Para.) NEWMAN— (1,800), 25c-40c. 8 days, plus opening all-night show and Saturday mid- night show. Gross: $14,000. (Average, $8,000) "GIFT OF GAB" (Univ.) TOWER— (2,200), 25c-35c, 7 days, plus Saturday midnight show. Stage: "Bits of Broadway" revue, with Johnny Lee and Three Lees, Gresham & Blake, Ralph Olsen & Co., Frank Sterling, Clarence Stroud. Gross: $8,800. (Average. $7,000) Week Ending Sept. 28: "THE CAT'S PAW" (Fox) L I'TOWN— (2,000), 25c-40c, 7 days, 2nd week. Gross: $3,400. (Average, $3,500) "Limberlost" Gets $6,000, 2nd Week Portland, Oct. 4. — "The Girl of the Limberlost" was a surprise draw in its second week at the Broadway. It was still over normal by §1,000 on a S6.000 gross. The only other attraction in town to show strength was "Now and For- ever," wTith Hermie King and his band on the stage. The take was $6,000. "Dames," in its fourth week, was still running along in good shape with a $2,000 take. It was moved to the Blue Mouse. Total first run business was $23,600. Average is $21,800. Estimated takings for the week end- ing Sept. 28: "THE GIRL OF LIMBERLOST" (Monogram) BROADWAY — (1,912). 25c-35c-40c, 7 davs. 2nd week. Gross: $6,000. (Average, $5,000) "DAMES" (Warners) BLUE MOUSE— (669), 25c. 4th week, 7 days. Gross: $2,000. (Average, $1,800) "NO RANSOM" (Liberty) HAMRICK'S MUSIC MOX— (2,000). 25c- 35c-40c, 7 davs. Stage show. Gross: $2,800. (Average. $3,000) "THE LIFE OF VERGIE WINTERS" (Radio) HAMRICK'S ORIENTAL — 25c, 7 davs. Gross: $1,800. (Average. $2,000) "NOW AND FOREVER" (Para.) PARAMOUNT — (3,008), 25c-35c-40c, 7 days. Stage: Hermie King and Band. Gross: $6,000. (Average, $5,000) "COUNT OF MONTE CRISTO" (U.A.) UNITED ARTISTS— (945), 25c-35c-40c- 55c, 7 days. Gross: $5,000. (Average, $5,000) ". . . THE BOX OFFICE DRAW SHOULD BE THE ONLY MEASURING STICK FOR TALENT" — Eddie Cantor This "stick" has been a silent but potent measure of Hollywood salaries for a long time. The triumph or disappointment of expensive produc- tions at the point of public response, measured in cold hard figures, is an unfailing criterion of all creative talent-writers, actors, directors, tech- nicians and, in a very real sense, of producers and executives whose judgment dictated the type of story, its treatment, assembled the cast who gave it being, and its costs. MOTION PICTURE HERALD and MOTION PICTURE DAILY, long aware of the signifi- cance of box office reports, have made them an exclusive weekly and daily feature, published without comment. Now the editorial and statis- tical facilities of both publications have com- bined to issue the first annual BOX OFFICE CHECK-UP, a summary, with comment, of box office reports and other factors that have con- tributed to screen triumphs of the past twelve- month. For the first time there is being set up an annual record and reference medium to serve pro- ducer, distributor and exhibitor alike, to measure the possible returns of the future by common- sense values of the immediate past. Notable among the features to be presented in the BOX OFFICE CHECK-UP is a list of all Box Office Champions from August 1933 to July 1934 — the big money makers of that time with names and duties of the personnel engaged in their production, including all whose genius com- bined artistic accomplishment with great box office values. BOX OFFICE CHECK-UP OF 1934 • QUIGLEY PUBLICATIONS • 1790 Broadway • New York City FAMOUS WIENER (SCHNITZEL) SURGEON EXPLAINS HOW TO INJECT VITAMIN A' Ip-O-of You S-HOOS7" MAKe DEM If Ff fl3Q)\ )IS9I?IBD0W,AL15EDDY7' says Dr. Hofbrau, noted sci- ~4 entist who discovered how to make beer with foam on the bottom. INTO THE BOX OFFICE RIGHT HERE is where the laughs begin in this "intimate revue", the funniest, fastest, girliest short comedy that has come out of Hollywood in many a moon... A MUSICAL COMEDY J Written and Directed by LEIGH JASON Songs and lyrics by WILL JASON and VAL BURTON Dance Director, ALEXANDER OUMANSKY "THE SPICE OFTHE PROGRAM" I Distributed in U.S.A. by FOX Film Corporation The Leading Newspaper of the Motion Picture Industry MOTION PICTURE DAILY Alert, Intelligent 0m l|JI Faith fut'j m Service to* the Industry in All Branches VOL. 36. NO. 82 NEW YORK, SATURDAY, OCTOBER 6, 1934 TEN CENTS No New Lease On Music HaU Is Looked For RKO May Simply Supply Product Hereafter That a new lease on the Music Hall may not be entered into between RKO and Rockefeller Center appeared like- ly yesterday as negotiations which have been in progress between the two organizations for almost two months past appeared to have reached a stalemate. RKO's lease on the Music Hall expired Sept. 1 and discussions of a renewal which were begun prior to that date have been continued almost daily until recently. It is understood, (Continued on page 3) Loew-RKO Deal on Product Effective Having effected a settlement on the local product situation, as reported exclusively in Motion Picture Daily yesterday, the arrangement between Loew's and RKO goes into effect immediately. Under the terms of the deal, Loew's will select five Universal pictures for (Continued on page 3) "IF in Rush; Three Going, 8 to Start Hollywood, Oct. 5. — October ushers in the busiest production schedule at Universal within the past three years with three pictures in production and (Continued on page 3) Ostrer Explains By BRUCE ALLAN London, Oct. 5. — Isidore Ostrer, president of Gaumont British, declares in an offi- cial statement that he never contemplated relinquishing control of the company, but had in mind a fusion of in- terests. The impression prevails here that the deal with B.IP. failed because of in- ability to agree upon the price, particularly the amount involved in liquidat- ing director contracts. It is not safe to assume the discussions will not be resumed. Find Zoning Halted by Legal Quibbling; Lawyers Squelched Legal minds employed by exhibitors and distributors to handle clearance and zoning and grievance cases before the New York boards are being cautioned to stop wasting time with technicali- ties. Members of the boards find that when the lawyers get to- gether in the sessions too many technical points are brought up which retard progress of the hearings. At a session of the local clearance and zoning board early this week, Joe Lee, Fox New York exchange manager, found that the hearing was cluttered with lawyers. He asked the parties in- volved to cut out legal phraseology and get down to simple facts. Leon Rosenblatt also objected to protracted legal orations and questioning. One of the members of the board noticed John C. Flinn in the audience and wanted to call on him for a clarification, but Lee would not permit it, stating Flinn was attending the session as an observer and not as an interpreter of the code. The meeting finally got down to order, but at that the case was drawn out to the extent that an adjourned hearing was ordered for Monday. Allied Now in 32 States; More Brewing — Samuelson With the addition of the G.F.T.A. Independent Theatre Owners A'ssn to its roster, Allied now has units cov- ering 32 states, Sidney Samuelson, president, stated yesterday upon his return from Atlanta. He stated the Atlanta organization covers four states. "We are not through with our ex- pansion plans yet and will not be until we have complete coverage in the United States," Samuelson added. "There are only 16 more states to be lined up and we cannot tell yet when our job will be completed." Samuelson plans to attend the con- tention of the Michigan unit, which has been postponed because of code prob- lems which affect the unit and which have to be disposed of before the meet. The appeal hearing on the Detroit clearance and zoning schedule has been postponed because of the World Series. Stock Units Again Philadelphia Worry Philadelphia, Oct. 5. — Exhibitors will be faced this year with an ag- gravation of low box-office scales. In addition to the Broad and Erlanger theatres, the Walnut will reenter the (Continued on page 3) Davis Made Head of Western Penn MPTO Pittsburgh, Oct. 5. — William Davis of the Liberty has been named head of the M.P.T.O.A. in this section. He succeeds Dr. Herman of Carnegie. All of the other M.P.T.O.A. of- (Continued on page 4) MPTO A Men Gather For Memphis Meet Memphis, Oct., 5.— M.P.T.O.A. leaders are scheduled to arrive here tomorrow for the annual convention of M.P.T.O. of Arkansas, Mississippi (Continued on page 4) Gaumont Dickering For Three Players Gaumont British has negotiations under way for three American stars for future productions. Michael Bal- con yesterday held a telephone con- versation with Myron Selznick, of (Continued on page 4) Clearance May Be Sent Back to L. A. After three days of hearings, a Campi appeal committee ended discus- sions yesterday on the Los Angeles clearance and zoning schedule. It is understood that the plan will be sent (Continued on page 4) Not to Resign Now, Asserts Rosenblatt San Francisco, Oct. 5. — Division Administrator Sol A. Rosenblatt indi- cated here today in private conversa- tions prior to his address before the (Continued on page 4) Schenck Sees Sinclair As Film Menace Says Producers Would Have to Quit Coast Election of Upton Sinclair as gov- ernor of California would be a blow that the indus- try could not stand), declared Joseph M. Schenck, presi- dent of United Artists, upon his arrival at Newark Air- port from Flor- ida and Mexico yesterday. The industry would be forced to move elsewhere if Sinclair should attempt to carry out his Socialistic taxation plan, he insisted. His remarks were in explanation of a statement made the day before in (Continued on page 3) Joseph M. Schenck Small Working on Two Coming Films Edward Small, vice-president in charge of production for Reliance Pictures, is concentrating on two stories at present, and expects to re- turn to the coast in a week or 10 days to get production under way. One is (Continued on page 3) "Barretts'' Capitol Hit; Gets $65,860 Chalking up the largest gross in 10 months, the Capitol garnered $65,- 860 on the first week of "Barretts of (Continued on page 4) Platinums Out Hollywood, Oct. 5.— Color pictures are going to be hard on platinum blondes, says Robert Edmond Jones, Radio designer, who is now work- ing on sets for "Becky Sharp," which is to be done in the three-color Techni- color process. They just won't photo- graph, says Jones. Regular blondes will be all right. MOTION PICTURE DAILY Saturday, October 6, 1934 MOTION PICTURE DAILY (Registered U. S. Patent Office) Vol. 36 October 6, 1934 No. 82 Martin Quigley Editor-in-Chief and Publisher MAURICE KANN Editor JAMES A. CRON Advertising Manager Published daily except Sunday and holi- days by Motion Picture Daily, Inc., sub- sidiary of Quigley Publications, Inc., Martin Quigley, President; Colvin Brown, Vice-President and Treasurer. Publication Office: 1790 Broadway, New York. Telephone Circle 7-3100. Cable ad- dress "Quigpubco, New York." All con- tents copyrighted 1934 by Motion Picture Daily, Inc. Address all correspondence to the New York Office. Other Quigley pub- lications: MOTION PICTURE HERALD BETTER THEATRES, THE MOTION PICTURE ALMANAC and THE CHI- CAGOAN. Hollywood Bureau: Postal Union Life Building, Vine and Yucca Streets, Victor M. Shapiro, Manager; Chicago Bureau: 407 South Dearborn Street, Edwin S. Clif- ford, Manager; London Bureau: Remo House, 310 Regent St., London, W. 1, Bruce Allan, Representative. Cable address: "Quigpubco, London"; Berlin Bureau: Berlin-Tempelhof, Kaiserin-Augustastrasse 28, Joachim K. Rutenberg, Representative; Paris Bureau: 19, Rue de la Cour-des- Noues, Pierre Autre, Representative; Rome Bureau: Viale Gorizia, Vittorio Malpassuti, Representative; Sydney Bureau: 102 Sus- sex Street, Cliff Holt, Representative; Mex- ico City Bureau: Apartado 269, James Lockhart, Representative; Glasgow Bureau: 86 Dundrennan Road, G. Holmes, Repre- sentative; Budapest Bureau: 3, Kaplar-u, Budapest, II, Endre Hevesi, Representa- tive; Moscow Bureau: Civtzev Vrazhek, N. 25, Apart. 146, Moscow, U. S. S. R., Bella Kashin, Representative. Cable address: Samrod, Moscow. Entered as second class matter, January 4, 1926, at the Post Office at New York City, N. Y., under Act of March 3, 1879. Subscription rates per year; $6 in the Americas, except Canada $15 and foreign $12. Single copies: 10 cents. "Nabes" Complain Grosses Are Down Local theatre business is off with current receipts in the Randforce cir- cuit of 49 houses shy 20 per cent as against July, Sam Rinzler, partner with Louis Frisch, stated yesterday. Rinzler could not explain the rea- son for the drop of box-office returns, but says the complaint is general with local independents. He asserted that the run of pictures may be responsible. Para. Sets Two Titles Hollywood, Oct. 5. — "Behold My Wife" has been definitely set as the title for Sylvia Sidney's next for Paramount. The working title has been "Red Woman." George Raft's next will be released as "Limehouse Blues." Up to the present it has been called "Limehouse Nights." Goldberg Goes to Phila. Lou Goldberg leaves for Philadel- phia today to handle advance cam- paigns on "Chu Chin Chow," which opens at the Fox on Oct. 12, and "Power," opening Oct. IS at the Locust for an indefinite run. Get Raft for One Hollywood, Oct. 5. — Columbia has borrowed George Raft for one picture from Paramount. Raft's assignment has not yet been set. WhatN. Y. Critics Think "A Lost Lady" ( Warners) American — ***holds particular appeal for the feminine contingent although the fine act- ing of the cast's principals in the expert, suspenseful direction of Alfred E. Green provide magnets to attract any movie- goer of adult age. Daily Mirror — Barbara Stanwyck has such great skill that the most commonplace story becomes gripping drama. She makes "A Lost Lady" an absorbing pic- ture. There is little to it, as a movie, but Barbara makes what little there is impor- tant. Daily News — The character and locale of the story are completely changed and only the main situation of the drama is left in the new version.*** But aside from the fact that the film version of "A Lost Lady," which is now on view at the Strand Theatre, is not Willa Cather's Marian Forrester, Barbara Stanwyck's acting of the title role is some- thing worth going out to see.*** The bal- ance of the cast is good and Alfred E. Green's direction is smooth and well timed. Evening Journal — ***the author will prob- ably never recognize it, but, retaining the title, Scenarists Gene Markey and Kath- ryn Scola have turned out an interesting vehicle for Barbara Stanwyck. Sun — ***a bit of heavy and somewhat dismal drama about a disillusioned girl and her marriage made for gratitude rather than love.***Barbara Stanwyck, as usual, almost saves the day by giving one of her earnestly honest performances. Times — ***the particular charm of Miss Cather's work was her method, and that has been rather definitely lost in the proc- ess of transition to the screen. ***it sim- mers down to that, finally, with Barbara Stanwyck. Frank Morgan and Ricardo Cor- tez to make a competent, unexciting and familiar movie of it. World-Telegram — The acting of the entire cast, and especially of the four princi- pals, is excellent, but "A Lost Lady," I fear, is a fine novel gone wrong on the screen. "Wagon Wheels" {Paramount) American — A good, old "Western" thril- ler, the newcomer to the Mayfair screen, holds all the ingredients of the outdoor opera. Daily News — This films is not very rapid, but the pace it sets is easily enjoyed. Sun — It is a well-made, nicely photo- tographed piece, written and directed with a lack of originality that will probably insure its success. The pattern of its story is pure Zane Grey. The pattern of its from the given road. But it has the straight melodramatic thrills of silent pic- ture days. Times — The film does possess much that is interesting and entertaining. The re- grets are mostly for what it might have been. Abelson Quits World Omaha, Oct. 5. — Art Abelson has resigned as manager of the World, an A. H. Blank first run, to take a partnership in the new Roxy in Glasgow, Mont. The house was re- cently completed to meet the boom expected to result there from the Peck Dam, Government project now under way. His successor at the Blank house has not been named yet. Abelson leaves for his new post to- morrow. Anna Sten at Music Hall Anna Sten is scheduled to arrive in town to make a personal appearance at the Music Hall, Nov. 1 in conjunc- tion with the opening of her picture, "We Live Again." Lubitsch in on Monday Hollywood, Oct. 5. — Ernst Lu- bitsch, director of "The Merry Widow," leaves here by plane Sun- day for New York to attend the open- ing of the picture at the Astor there on Oct. 11. Leontine Sagan on Coast Hollywood, Oct. 5.— Leontine Sa- gan, Europe's foremost woman direc- tor, has checked into Hollywood to start a long term contract with M-G-M. She has received no definite assignment. Ramon Novarro arrived here at the same time, concluding a concert tour. Three Booked at Para. Following the third week of "Belle of the Nineties," the Paramount has booked "Now and Forever," which is expected to go three weeks ; "Mrs. W iggs of the Cabbage Patch," sched- uled for two weeks, and "College Rhythm," penciled in for a fortnight. Portland House Opens Portland, Ore., Oct. 5. — John Hamrick's new Orpheum opened to- day to capacity business with "Young and Beautiful" on the screen. The take was $2,000. The gross for the opening day of Will Rogers' "Judge Priest" at the Paramount was $2,000. Better Tone in Big Board Trading Net High Low Close Change Columbia Pictures, vtc 35K 3554 3554 +154 Consolidated Film Industries, pfd 14 1354 14 + 54 Eastman Kodak 10054 9954 10054 +154 Fox Film "A" 1254 1154 1154 + 54 Keith-Albee-Orpheum 3554 3554 3554 + Yi Loew's, Inc 2954 2854 29 + % M-G-M, pfd 26 26 26 + 54 Paramount Publix, cts 4% 454 454 + 54 Pathe Exchange 154 154 154 RKO 2'/2 254 254 —54 Warner Bros 554 4% 554 + 54 Technicolor Advances % on Curb Net High Low Close Change Technicolor 1254 12 1254 + V% Bonds Show Upward Trend Net High Low Close Change General Theatre Equipment 6s '40 6^4 654 634+54 General Theatre Equipment 6s '40, ctf 654 654 654 — 54 Loew's 6s '41, ww deb rights 10254 10154 102 + 54 Paramount Broadway 554s '51 42 4V/g 42 +1 Paramount F. L. 6s '47 6054 60 6054 + Yz Paramount Publix 554s '50 61 6054 6054 + 54 Pathe 7s '37, ww 9854 97% 9854 +54 Warner Bros. 6s '39, wd 6154 61 6154 +154 Sales 500 1,100 1,100 1,900 100 7,300 100 21,300 1,200 300 5,500 Sales 1,300 Sales 1 5 9 2 15 10 50 < Purely Personal ► L7 D KUYKENDALL left for his l—4 Columbus, Miss., home yesterday prior to attending the Tri-States M. P. T. O. convention which opens at Memphis tomorrow. Polly Walters, stage player signed to a long-termer by Universal, leaves for the coast tomorrow for the title role in "Princess O'Hara." Dave Palfreyman left for the southwest yesterday on a three weeks' tour which will include attendance at several exhibitor conventions. Arthur Somers Roche's "Star at Midnight" has been bought by Radio. William Powell will be starred. S. Barrett McCormick transferred his office yesterday to the quarters formerly occupied by Bob Sisk. Mrs. Val Lewton has joined her husband on the coast. He is an M-G-M writer. George Bricker's original, "Sport Page," has been bought by Warners. Phyllis Fraser, cousin of Ginger Rogers, has been signed by Radio. Jack Ellis' latest song is "Havana in Cuba." Evangelical Church Denounces Industry Akron, O., Oct. 5. — The screen was denounced as a moral menace in a message from the bishops of the Evangelical Church read here today at the 31st general conference of the church. Their comment follows : "Abnormal sex life, free love marital infidelity, wild scenes in night haunts, free indulgence in intoxicating liquors, cigarettes, the gun, murder, scenes of actual crime in the most thrilling fashion has set before the eyes of youth and age alike as food for the mind and ideals to be reenacted, a thinly veiled invitation of the pro- moters in Hollywood to 'go thou and do likewise.' "Unchecked and uncondemned, many of the promoters in Hollywood and elsewhere would have it so, and their nefarious institution might well be designated as a 'billion dollar filth mill.' " Quakers for Clean Films Richmond, Ind., Oct. 5. — Indecent films were rapped here by the Quakers at their Indiana yearly meeting. They adopted a resolution pledging them- selves to aid the Legion of Decency. Copies will be sent to Will H. Hays. S trickling Goes West Howard Strickling, M-G-M studio publicity head, left for the coast by plane yesterday and arrives in Holly- wood this morning. Louis B. Mayer and Sam Katz are due on the coast Monday. George K. Arthur Back George K. Arthur returned from Europe yesterday and plans to leave for the coast some time next week. He will remain in New York sev- eral days discussing deals for plays on which he holds options. Saturday, October 6, 1934 MOTION PICTURE DAILY Schenck Sees Sinclair As Film Menace (Continued from page 1) Miami that United Artists might be forced to move to Florida. "Personally I am doing everything in my power to oppose his election," Schenck continued, "and I think it the part of wisdom for the industry as a whole to get in back of the opposi- tion." Sinclair stands an excellent chance of winning, in Schenck's opinion. "He won't become a Democrat or a Republican if he wins," said the United Artists head. "He'll be a So- cialist as he always has been, and if he gets a big majority, the Legislature, in fear of public sentiment, will do his bidding." Asked if he thought production could be switched to New York on a large scale, he said he believed not. Rules Out New York "It's a business that requires con- centration of talent and facilities in a small area. It can't get this con- centration in New York. Anyway, an important element in the Florida sit- uation is the fact that influential men there have assured me it would be possible to secure tax exemption for a period of 15 years." Accompanied by Douglas Fair- banks, Schenck flew in from Mexico, via Yucatan and Cuba to Miami. His plane left Miami Thursday morning, but was held overnight in Charles- ton, S. C, by fog. The Mexico City visit was for the purpose of at- tempting to influence the Mexican Government not to impose a 10 per cent gross tax now pending. He conferred with the President of Mex- ico and other Government officials while there and feels hopeful that the tax will be sidetracked. Schenck expects to stay in New York about four weeks. He will meet Merle Oberon, English actress, ' to whom he is engaged, when she | arrives here on her way to the coast. Fairbanks Says Little Fairbanks was non-committal. He I hurried away from news photograph- ers, but paused long enough in the airport office to say that he would probably be in New York a week, gt He is still considering his plans to n make a Chinese picture, he said. He ;. also has received many requests to . remake "The Mark of Zorro" and is giving this some thought. ; Both Schenck and Fairbanks said there was no significance in the dis- solution of Art Cinema. "It simply didn't make money," Schenck explained. "It was one _ of the producing units distributing through United Artists like 20th Cen tury, Reliance and Goldwyn." A. C. Blumenthal, one of the wel coming group, said nothing definite had been done about his tentative plans for producing for United Art- ists' • release. Others who greeted the fliers were: ' Joseph Moskowitz, vice-president of ;U. A.; Edward Small, vice-president M Reliance Pictures ; Arthur Steb bins ; Harry D. Buckley, vice-presi dent in charge of U. A. theatres ; Den ibis F. O'Brien of O'Brien, Driscoll it MOTION PICTURE DAILYS HOLLYWOOD PREVIEW "Firebird" (Warners) Hollywood, Oct. 5. — A first-rate murder mystery. The story concerns an actor (Ricardo Cortez) found dead in his apart- ment following visits from several of his friends. Every tenant in the building is suspected, including a husband and wife (Lionel Atwill and Verree Teasdale), their daughter (Anita Louise), her governess (Helen Trenholme), the valet (Hobart Cavanaugh), the manager of the building (Robert Bar rat), the dead man's ex-wife (Dorothy Tree) and the night porter (Spencer Charters) To make things tougher for Inspector C. Aubrey Smith a lady who could not have possibly committed the crime confesses, evoking the question: "Whom is she shielding?" The solution brings in more than enough elements of suspense and surprise to provoke plenty of audience interest. Director William Dieterle does not allow the action to lag. The cast is excellent, particularly the Misses Teasdale and Louise, to whom the story gives the most opportunities. Etienne Girardot, as an erratic professor, contributes one of the funniest comedy bits in some time. The photography of Ernest Haller is good. This film should do well in spots where fans like their mysteries sophisticated. Code seal number 233. Running time, 75 minutes. & Raftery; John Myers, London Films, and Harry M. Goetz, presi- dent and treasurer of Reliance Pic- tures. Small Working on Two Coming Films (Continued from pane 1) "Beau Brummel" and the other is "Gungha Din." Writers are busy on both. Sam Wood has been signed to direct one and probably will get the Kipling story. He may send a cameraman to India to get some atmospheric shots, he says, but the picture will be made in Hollywood. Small has no present plans for east- ern production, he says, as he thinks coast facilities are superior. "If a story should develop that seemed better fitted for New York studios than the coast, I wouldn't hesitate to do it," he added. Details of the "Beau Brummel" story have not been set. Robert Donat will play the lead. Warners made "Beau Brummel" 10 years ago, Small said, but they own the Clyde Fitch play done by Richard Mansfield. The title and the story of Brummel's life are in the public domain, he stated. Stock Units Again Philadelphia Worry (Continued from page 1) field on Oct. IS with traveling stock as part of the new eastern circuit be- ing launched by Ivan Cedar. First at- traction will be "She Loves Me Not." The Broad and Erlanger, operated by Samuel F. Nixon-Nirdlinger began to use Wee & Leventhal productions last season at the beginning of the year and ran through five months of topnotch business with a series of shows which sold most of these seats in the neighborhood of 40 cents. The scale reached to two dollars, but there were very few seats or sales at the higher figure. This year, the Broad is now in its second week of capacity business with a traveling stock production of "Pur- suit of Happiness" with at least two more weeks to go, while the big Er- langer, which opened this week, is do- ing good business with "Mrs. Quincy Mollis." Both houses have a long list of bookings, with productions be- ing built quickly whenever the current attraction falters. "U"in Rush; Three Going, 8 to Start (Continued from page 1) eight scheduled to begin within the next 30 days. Shooting are : William Wyler's production, "The Good Fairy" ; "Night Life of the Gods," being directed by Lowell Sherman ; and "The Man Who Reclaimed His Head," starring Claude Rains. Scheduled to begin within the next few weeks are : two Ben F. Zeidman productions, "Straight From the Heart" and "I've Been Around" ; Stanley Bergerman's "Strange Wives" ; Edmund Grainger's "Mystery of Ed- win Drood" ; a Buck Jones feature as yet untitled; the third 15-chapter se- rial on the current schedule to be di- rected by Louis Freidlander ; a Zoe Akins story to be directed by How- ard Hawks ; and Murray Roth's "Mr. Dynamite." Fight Films Near School License Commissioner Paul Moss was asked yesterday by the Commu- nity Councils of the City of New York to grant the request of the prin- cipal of Erasmus Hall, Brooklyn, that a license be denied a new Trans- Lux house being built near the school. Holds Bobby Connolly Hollywood, Oct. 5. — First National has placed Bobby Connolly, dance director, under a long term contract. No New Lease On Music Hall Is Looked For (Continued from page 1) however, that current discussions no longer contemplate a lease renewal, but center for the most part about RKO's future status in association with the house. That there will con- tinue to be a definite affiliation be- tween RKO and the Music Hall ap- pears certain, although that affilia- tion may be limited to an arrange- ment which will merely provide the house with a supply of product. Operation of the Music Hall in all essentials would be carried on by the Rockefeller interests under the imme- diate direction of W. G. Van Schmus, whose regime has become more and more independent of RKO supervision in recent months. Van Schmus made an early departure yesterday for a week-end engagement and could not be reached for comment on these de- velopments. The old RKO lease on the Music Hall provided for a rental to be paid to Rockefeller Center after deduction for operating expenses, maintenance of a special reserve fund and other contingencies. The Rockefeller Cen- ter participation in rents, therefore, depended entirely upon the profit made by the house, which, in turn, led to Rockefeller Center taking a continu- ally increasing authority over actual operation of the Music Hall. It is this situation which now appears to be relegating an RKO lease on the house to the discard. Loew-RKO Deal on Product Effective (Continued from page 1) its houses and turn the rest over to RKO. No Columbia product changes hands. Loew's will go through with its original contract with this dis- tributor. Only one of the 11 houses recently acquired from independent by RKO is being dropped. That is the Utica, Brooklyn, which Randforce takes over Nov. 1. Randforce does not sur- render any product in acquiring the theatre. It is simply taking over the lease. Louis Frisch and Sam Rinzler have always wanted the house, but would rather keep it closed. This, however, cannot be done under the rental deal with RKO. Loew's has turned over the Fox product to 30 RKO houses, but the recently acquired group is not in- cluded in the switch. There will be three sets of first runs in the uptown situation, the first group being Loew houses, the sec- ond, RKO, and the third the Nemo, Riverside, Stoddard and Beacon. Skouras is closing the Jap Gardens and opening the Riviera, in the same building. H. L. Tracy Is Injured Willard, O., Oct. 5.— H. L. Tracy, local exhibitor, was seriously injured when his automobile collided with an- other near here. His condition is con- sidered critical by hospital author- ities. I MOTION PICTURE DAILY Saturday, October 6, 1934 'Cleopatra" Hits $32,500 For Hub Lead Boston, Oct. 5. — Grosses showed a steady gain this week in spite of the fact that one of the large first runs was showing a film for the third week and another for the second week. Metropolitan was high with "Cleo- patra," grossing $32,500, or $4,500 above the average. "Charlie Chan in London" took second honors with $2,000 above par at RKO Boston. In its third week, "The Count of Monte Cristo" at RKO Keith's made the average of the house, a total for the three weeks of $50,000, one of the highest takes ever given a first run held over for three weeks in Boston. Total first run business was $102,- 000. Average is $94,000. Estimated takings for the week ending Oct. 4: "CHARLIE CHAN IN LONDON" (Fox) BOSTON — (2,900) , 25c-50c, 7 days. Vaude. Gross: $18,000. (Average, $16,000) "NOW AND FOREVER" (Para.) "CASE OF THE HOWLING DOG" (Warners) FENWAY — (1,800), 30c-50c, 7 days. Gross: $9,500. (Average, $9,000) "COUNT OF MONTE CRISTO" (U. A.) KEITH'S — (3,500), 30c-65c, 7 days, 3rd week. Gross: $16,000. (Average, $16,000) "THE BARRETTS OF WIMPOLE STREET" (M-G-M) LOEW'S STATE— (3,700), 35c-50c, 7 days, 2nd week. Gross: $16,000. (Average, $16,000) "CLEOPATRA" (Para.) METROPOLITAN — (4,350), 30c-65c. 7 days. Ben Blue, Joyce White and Revue. Gross: $32,500. (Average. $28,000) "NOW AND FOREVER" (Para.) "CASE OF THE HOWLING DOG" (Warners) PARAMOUNT — (1,800), 30c-50c, 7 days. Gross: $10,000. (Average, $9,000) Moore Film Still Buffalo's Leader Buffalo, Oct. 5.— "One Night of Love," doing better in its third than in its first week, was the town's out- standing hit, getting $9,300, or $2,800 above first average. Total take was $46,800. Average is $44,800. Estimates for week ending tonight: "DR. MONICA" (Warners) BUFFALO — (3,500), 30c-55c, 7 days. Stage: Bowery Music Hall Follies, with Corinne, Beef Trust chorus, Four Gay Blades, Duvall & Tregg. Paul Gordon. Gross: $14,800. (Average. $14,300) "THIS MAN IS MINE" (Radio) "THE PERSONALITY KID" (Warners) CENTURY— (3,000), 25c, 7 days. Gross: $5,300. (Average. $6,000) "BELLE OF THE NINETIES" (Para.) GREAT LAKES— (3.000), 25c-40c, 7 days, 2nd week. Gross: $S.500. (Average. $10,000) "COUNT OF MONTE CRISTO" (U. A.) HIPPODROME— (2,100). 25c-40c, 7 days. Gross: $8,900. (Average, $8,000) "ONE NIGHT OF LOVE" (Col.) LAFAYETTE — (3.300), 25c, 7 days. 3rd week. Gross: $9,300. (Average, $6,500) "Transatlantic" Is Title Reliance's latest production for United Artists release was previewed in yesterday's Motion Picture Daily under the title "Transcontinental Merry-Go-Round." The title of the film is "Transatlantic Merry-Go- Round." R. J. Minny Coming East Hollywood, Oct. 5. — R. J. Minny, author of the book "Clive of India," which he has adapted for 20th Cen- tury for Ronald Colman's use, was on his way to New York tonight. Hollywood Personals Hollywood, Oct. 5. — John Blystone finishes directing "Helldo- rado," his 63rd for Fox. . . . Joe E. Brown at the World Series. . . . ditto George Raft. . . . Helen Mack abed with a severe cold. . . . Leo Carrillo having his yacht shipped from the east. . . . Frank Borzage shipping his polo ponies to Honolulu where he will vaca- tion for six weeks. Such worries! . . . Douglas Blackly here from New York to start a termer with Paramount. . . . Ernst Lubitsch back on the same lot with no assignment. . . . Henrietta Crosman moving her makeup kit to Warners to emote in "The Right to Live." . . . Jesse L. Lasky, Jr.'s third volume of poetry on the bookstands. The title is "Singing in Thunder." . . . Herbert Mar- shall getting his teeth overhauled. . . . Radio gives "Little Minis- ter" a 54-day shooting schedule. That means much money. . . . "Barretts" Capitol Hit; Gets $65,860 (Continued from page 1) Wimpole Street." The picture is be- ing held over. "Dancing Lady," with $66,653 for eight days for the week ending Dec. 7, 1933, was the biggest take up to Thursday. "Caravan" at the Music Hall held to a fair gross with $75,000. "Belle of the Nineties" fell off to $36,000 on the second week at the Paramount. The Roxy with $25,500 on the second stanza of "Chu Chin Chow" was very good. "British Agent" at $23,109 for a second week at the Strand was good, while "She Loves Me Not" at the Palace, second run, marked down $14,000, which is not bad. "Count of Monte Cristo" took in $36,000 at the Rivoli during the initial week's run. Over in Brooklyn, "One Night of Love" at the Fox tallied $32,000 on the first seven days and is being held a second week with a strong possi- bility for a third week. Studios Approve 43 Free-Lance Writers Hollywood, Oct. 5. — Forty-three free-lance fan writers out of 61 now carrying credential cards were ap- proved at the semi-monthly meeting today of studio publicity directors at the Hays office. These writers have been vouched for by their editors. Jack Lewis read messages from fan magazine editors offering hearty co- operation in enforcing the edict, laid down by the Hays office a month ago, which set a control over the publica- tion of material placing the industry in a bad light. MPT OA Men Gather For Memphis Meet (Continued from page 1) and Tennessee, which will be held Sunday and Monday. Among those expected are Ed Kuv- kendall, M.P.T.O.A. president; Fred Wehrenberg, president of the M.P. T.O. of Eastern Missouri and South- ern Illinois, and Jack Miller, presi- dent of the Exhibitors' Ass'n of Chi- cago. Also expected is David Pal- freyman, theatre contact for the M.P.P.D.A. M. A. Lightman, presi- dent of the Tri-States unit, will pre- side. Davis Made Head of Western Penn MPTO (Continued from page 1) ficers were reelected with the excep- tion of two directors. The two new members of the board are Guv Ida of McDonald, Pa. and Bill Walker of Crafton. Challenge Contract On Uncensored Film Buffalo, Oct. 5. — The legality of selling pictures before they were made and hence before they could be subject to state censorship was ques- tioned by the losing side in a film contract suit decided by Justice John V. Maloney in Supreme Court. Justice Maloney upheld a contract executed in October, 1932, between the Standard Film Exchange of Buffalo and the Eastwood Amusement Co., Inc., of Syracuse, without ruling on the point raised by Sidney B. Pfeifer, counsel for Eastwood. Standard sued to force arbitration, as provided in the contract. It charged failure to play contracted pictures in defendant's Palace Theatre. In his argument before Justice Maloney on Sept. 4 and subsequent brief, Attor- ney Pfeifer cited the censorship statute in force in 1932 and declared its terms made it unlawful to sell, lease or exhibit any picture not licensed by the censorship division of the State Department of Education. FitzPatrick May Do Metro Feature Hollywood, Oct. 5. — James A. FitzPatrick has arrived from the east to make a Technicolor short on the life of Schubert for M-G-M. He is understood negotiating with studio executives to make one feature and possibly two following the short. Gaumont Dickering For Three Players (Continued from page 1) Joyce-Selznick, in Holh-wood on the stars Balcon has in mind. A deal for three players is expected earlv next week. "Cristo" Pittsburgh Hit Pittsburgh, Oct. 5. — "The Count of Monte Cristo" has been breaking all sorts of records at the Fulton where a third week has just been an- nounced. It's the first picture to win such extended time here in almost two years. Opening to the biggest business since "The Private Life of Henry VIII," it fell off only a little during the second week and there is some talk now that it may even stay a fourth. Milwaukee Board Meets Milwaukee, Oct. 5. — The clearance board today discussed revision of the local zoning schedule in accordance with the principles laid down by Campi. Another meeting will be held Oct. 11. Rogers Piles Up a $10,000 Denver Gross Denver, Oct. 5. — With three first runs going strong and two held over, business in the downtown sector has some of the appearance of a boom. "Judge Priest" led the parade with a $10,000 gross at the Denver which topped par by $4,000. "Belle of the Nineties" had a big second week at the Denham with $6,000, and "Count of Monte Cristo" was 100 per cent over normal at $5,000 in the Aladdin. Total first run business was $25,500. Average is $20,500. Estimated takings for the week end- ing Oct. 4: "COUNT OF MONTE CRISTO" (U. A.) ALADDIN — (1,500,), 25c-35c-50c, / days. Gross: s5,u00. (Average. $2,500,1 "BtLLE OF THE NINETIES" (Para.) DENHAM — (1,500,), 25c-35c-50c, 7 days, 2nd week. Gross: $6,000. (Average, $4,000; "JUDGE PRIEST" (Fox) DENVER — (2,500), 25c-35c-50c, 7 days. Gross: $10,000. (Average, $6,000) "HIS GREATEST GAMBLE" (Radio) ORPHELM— (2,600), 25c-35c-50c, 7 days. Gross: $3,500. (Average, $6,000) "PURSUED" (Fax) PARAMOUNT— (2,000), 25c-40c, 3 days. Gross: $500. "OUR DAILY BREAD" (Fox) PARAMOUNT— (2.000). 25c-40c. 4 days. Gross: $700. (Average for week. $2,000) Clearance May Be Sent Back to L.A. (Continued from page 1) back to the coast board for revamping a second time. The committee, which heard the discussion, will recommend such action to Campi at its meeting next Thursday, it is said. Considerable interest in the plan revolved around the Fox West Coast- Warner situation, the former having the Uptown and the latter the Forum. According to a decision of the coast board, it was held that both houses are in competition with each other and should play pictures simultaneous- ly. Prior to this, F. W. C. had prior run on its Uptown. F. W. C. had two lawyers and a booker from the coast on hand. The F. W. C. men declare the Los An- geles board had no right to split the zone into two sections, thereby giving Warners a right to day-and-date with the Uptown. Not to Resign Now, Asserts Rosenblatt (Continued from page 1) American Federation of Labor con- vention that he has no present inten- tion of resigning. If he does resign, he said, it will not be for some time. In his speech before the convention he made no mention of film prob- lems. He discussed the NRA in gen- eral terms and praised President Roosevelt's recovery program. Rosenblatt left for Hollywood im- mediately after speaking. Los Angeles, Oct. 5. — Division Ad- ministrator Sol A. Rosenblatt re- turned from San Francisco tonight. He will remain here until Sunday, when he will flv back east. Division Administrator Sol A. Ro- senblatt is due back from the coast on Monday. He will go straight to Washington. The Leading Picture Industry MOTION PICTURE DAILY Alert, Intelligent and Faithful i Service to' the Industry in All Branches VOL. 36. NO. 83 NEW YORK, MONDAY, OCTOBER 8, 1934 TEN CENTS RKOPayments Held Pending Court Action Proposed Deal Reduces Monthly Maturities Payment of accumulated maturities of $600,000 of principal amount of the $1,500,000 RKO gold notes outstand- ing, held by Consolidated Film Indus- tries and secured by virtually all of the RKO investments in subsidiaries, is being held in abeyance pending sub- mission of a new agreement to the U. S. District Court here providing for a reduction in the amount of the monthly maturities of the notes, it was learned Saturday. The new agreement, if approved by the court, may lower the maturities (Continued on page 8) First Run Situation Acute in St, Louis St. Louis, Oct. 7. — The first run situation has become acute. With four first runs in operation in recent months, there have been weeks when all of them have been in the black, but with nine running at present newspa- pers and billboards have been getting most of the benefit. World Series crowds are a big help at present, with "Dames," "She Loves Me Not," "Cleopatra" and "British Agent" running. There is some talk of a code com- plaint by F. & M. to get product. Washington Houses Take in $5,165,000 Washington, Oct. 7. — Box-office receipts of 195 film theatres in the state of Washington last year totaled S5.165.000, while 18 legitimate and vaudefilm houses took in $1,809,000, U. S. Census Bureau states. The bureau also released figures for Virginia, showing receipts of $4,129,- 000 by the 159 film and vaudefilm houses in the state. The film houses in Washington paid out $1,021,000 in salaries in 1933, the {Continued on page 8) Tries Gold Hooks Hollywood, Oct. 7.— Trout up Lone Pine way are so tired of rusty hooks that they won't bite any more. Gary Cooper is going to fool them with gold hooks and needle points. MPTOA Busy on Moves to Add Three State Groups New M.P.T.O.A. units are ex- pected in northern New Jersey, Michigan and eastern New York. The three contemplated units, if organized, would invade territories dominated by Allied, which has con- siderable strength at these regions. Recently, Ed Kuykendall, president of the M.P.T.O.A., stated that a trio of new affiliations was being consid- ered by his organization, but he would not mention the territories in mind. Allied last week annexed the G.F.T.A. Independent Theatre Own- ers' Assn. of Atlanta, which covers four states and raised the total of states in which Allied is represented to 32. Allied plans to invade all M.P.T.O.A. territories in due time and it is believed the M.P.T.O.A. will not sit back without making a like move against Sidney Samuelson's organization. Samuelson plans to add another in- dependent organization to his ranks within the next few weeks, but will not tip off the unit until it aligns with Allied. Northern New Jersey is Samuel- son's stamping ground, and if the M.P.T.O.A. ventures into this Allied stronghold, it is said Allied will make a strong play for additional southern territories. Deal on to Settle Suit by Quittner An out of court settlement of the long pending Edward Quittner monop- oly suit asking triple damages in ex- cess of $5,000,000 from Paramount Publix, the M.P.P.D.A. and a ma- jority of its member distributing companies is being discussed and may be consummated in the near future, it was learned Saturday. The Quittner suit was tried in U. S. District Court here early in 1933 and dismissed by Judge Francis G. Caffey w:ho held that even if it were to be assumed that the defend- ants were guilty of a statutory viola- tion there was no basis for determin- ing the amount of damages suffered by Quittner as a result. Graham & {Continued on page 8) Columbia Directors Meet Here Tomorrow Columbia's board of directors meet- ing will be definitely held tomorrow after several postponements. Harry Cohn, president, will be unable to at- tend because of increased production activity on the coast which will re- quire his presence at the studio. At the meeting seven directors will be elected and contracts of Harry and Jack Cohn, which are for three years as of July 1, 1934, will be ratified. L. A. Hearings Over, Coast Men Returning Following a three-day hearing on the Los Angeles clearance and zoning schedule, distributor and exhibitor members who came east for the hear- (Continued on page 8) Settle Para. Tax Claim at $216,919 Settlement of a 1930 income tax claim of $471,452 filed against Para- mount Publix by the Treasury De- partment has been made for $216,919, it was learned Saturday. Prior to the settlement the claim had been reduced to $389,094 after having been contested by the Para- mount Publix trustees. At the time the tax was levied against Paramount by the Treasury Department, Arthur A. Ballantine of Root, Clark, Buck- ner & Ballantine, counsel for the Par- amount trustees, was under secretary of the treasury. Because of this cir- cumstance Ballantine has been elimi- nated from sharing in the fee paid his law firm for its services in contesting and settling the Federal claim. France to Abandon Import Quota Plan Paris, Oct. 7. — France will aban- don its import quota system on Nov. 1 after a six months' study of its workings, the government has made known. Preparations for the change are be- ing hurried in order that it may be made effective prior to Nov. 15, the date on which the government's ex- traordinary powers to make tariff (Continued on page 8) Expect a Break in Pittsburgh Ad Row Pittsburgh, Oct. 7. — A break is ex- pected here shortly in the fight to win a lower theatre advertising rate. Right now, the situation remains as it has (Continued on page 8) British Deal Said to Hang On 2 Million Report Maxwell Eyeing Fox Gaumont Stock London, Oct. 7. — Negotiations for an amalgamation of British Interna- tional Pictures and Gaumont British are understood to have broken down over a difference of about $2,460,000 on the purchase price. The opinion prevails here that ne- gotiations may be resumed, but few will venture a prediction as to whether this will be in the near or remote future. Reports in the financial district over the week-end were to the effect that John Maxwell is now interested in purchasing the Fox 49 per cent in Gaumont British held by Chase Na- tional Bank. An offer has already been made, according to one report. Color is lent to the rumors by the Isidore Ostrer statement following (Continued on page 8) Mexico City Film Row Is Optimistic Mexico City, Oct. 7. — Film row is gratified and even optimistic over the assurance of President Abelardo Rodriguez to distributors, including representatives of nine American producers, who petitioned him to exempt the film industry from the proposed 10 per cent rental tax. While conferring with the President (Continued on page 8) Talks on Music Tax Go On Again Today A second meeting to discuss a com- promise of the new music tax fees is scheduled for today between members of the exhibitors' emergency commit- tee and E. C. Mills, general manager (Continued on page 8) Schlanger Colonel Added to the regiment of Kentucky colonels is Ted Schlanger of Warners' home office theatre department, who received his commission as aide-de-camp on the staff of Governor Ruby Lafoon. i MOTION PICTURE DAILY Monday, October 8, 1934 MOTION PICTURE DAILY (Registered U. S. Patent Office) Vol. 36 October 8, 1934 No. 83 Martin Quicley Editor-in-Chief and Publisher MAURICE KANN Editor JAMES A. CRON Advertising Manager Published daily except Sunday and holi- days by Motion Picture Daily, Inc., sub- sidiary of Quigley Publications, Inc., Martin Quigley, President; Colvin Brown, Vice-President and Treasurer. Publication Office: 1790 Broadway, New York. Telephone Circle 7-3100. Cable ad- dress "Quigpubco, New York." All con- tents copyrighted 1934 by Motion Picture Daily, Inc. Address all correspondence to the New York Office. Other Quigley pub- lications: MOTION PICTURE HERALD- BETTER THEATRES, THE MOTION PICTURE ALMANAC and THE CHI- CAGOAN. m _ _ . T., Hollywood Bureau: Postal Union Lite Building, Vine and Yucca Streets, Victor M. Shapiro, Manager; Chicago Bureau: 407 South Dearborn Street, Edwin S. Clif- ford, Manager; London Bureau: Remo House, 310 Regent St., London, W. 1, Bruce Allan, Representative. Cable address: "Quigpubco, London"; Berlin Bureau: Be'rlin-Tempelhof, Kaiserin-Augustastrasse 28, Joachim K. Rutenberg, Representative; Paris Bureau: 19, Rue de la Cour-des- Noues, Pierre Autre, Representative; Rome Bureau: Viale Gorizia, Vittorio Malpassuti, Representative; Sydney Bureau: 102 Sus- sex Street, Cliff Holt, Representative; Mex- ico City Bureau: Apartado 269, James Lockhart, Representative; Glasgow Bureau: 86 Dundrennan Road, G. Holmes, Repre- sentative; Budapest Bureau: 3, Kaplar-u, Budapest, II, Endre Hevcsi, Representa- tive; Moscow Bureau: Civtzev Vrazhek, N. 25, Apart. 146, Moscow, U. S. S. R., Bella Kashin, Representative. Cable address: Samrod, Moscow. Entered as second class matter, January 4, 1926, at the Post Office at New York City, N. Y., under Act of March 3, 1879. Subscription rates per year; $6 in the Americas, except Canada $15 and foreign $12. Single copies: 10 cents. Korda Forms Play Unit London, Oct. 7. — According to Alexander Korda, London Films head, his company is organizing a legitimate play producing unit to be known as L. F. Play Productions to sponsor plays prior to their being filmed. The first two scheduled for presentation to London audiences are "Josephine" and "Nijinsky," written by the dancer's wife, Romola. Pettijohn on Way West C. C. Pettijohn, M.P.P.D.A. general counsel, left last night on his second swing into the west during the past month. He will make stop-offs in Arkansas, Louisiana and Texas en route to the coast and may be gone a month. Hopper En Route West Hollywood, Oct. 7. — Harold Hop- per, assistant to Larry Darmour, Majestic production head, arrives from New York Tuesday. Darmour returned last week after conferring with eastern executives on budget in- creases. Para. Foreign Staff Up Total number of employes in Para- mount International Corp. is now 3,447, of which 1,149 are located in England. The French office employs 465. The home office has 40 people on the international staff. New Garbo Pact with\ Father of Bureau M-G-M Almost Ready Of Saenger Passes Hollywood, Oct. 7. — Negotiations between M-G-M and Greta Garbo on a new contract are nearing completion, but details are being kept secret until the deal is signed. It is believed that if Miss Garbo and M-G-M do not get together, she will make some pictures for Walter Wanger for Paramount release or that she may divide her work between Wanger and M-G-M. Harry Edington, Miss Garbo's man- ager, would not discuss the contract situation prior to his departure early Saturday morning for England on a five-week vacation. He said any in- formation regarding Miss Garbo's status with M-G-M would have to come from studio officials. The Swedish star does not contem- plate a trip abroad at this time, Eding- ton stated. Barbara Kent, Edington's wife, is accompanying him. Release Turner Plane Paris, Oct. 7. — "The Warner Comet," huge Boeing transport mon- oplane to be piloted by Col. Roscoe Turner and Clyde Pangborn in the London-Melbourne air race, has been released by French customs officials. The plane had been seized because of the non-posting of a 500,000-franc bond by the pilots to certify that the plane would not be sold in this coun- try. The United States Lines came to the aid of the stranded airmen and posted the bond for them when they were unable to raise the money. Clark to Coast Soon Within the next 10 days, John D. Clark, general sales manager of Fox, will leave for the coast and will be joined by Herman Wobber. After a visit to the studios, Clark and Wob- ber will return east, visiting Fox ex- changes en route and holding special meetings in connection with the S. R. Kent Drive. Wobber is in Washington today. "Bo" Dowling Resigns Ambrose S. Dowling has resigned as European representative for RKO Export Corp. in London, where he is convalescing from a recent illness, the RKO home office stated Saturday. No successor to Dowling will be named, his duties to be consolidated with those of Phil Reisman, vice-president of RKO Export. New Orleans, Oct. 7. — Gaston J. Dureau, Sr., father of Gaston Dureau, head of the Saenger circuit booking department, is dead at the age of 67. He died from a stroke. Dureau, Sr., was a charter member of the Choctaw Club and a close friend of the late Mayor Behrman. He is survived by his widow, Mrs. Theresa Maurice Dureau, three sons, Gaston, Milton and Alton, and a daughter, Mrs. Edmond Langhetee. Funeral services were held today and members of the local theatrical colony as well as exhibitors attended. Shift Date on "Aran" Opening of "Man of Aran" has been changed to Oct. 18 at the Cri- terion instead of Oct. 19. Simultane- ous with the Criterion opening will be "The Little Friend" at the Roxy. Arnold Van Leer will manage and handle advertising and exploitation at the Criterion. Tiger King, Maggie Dillane and Michael Dirrane, three natives from the Island of Aran, will make per- sonal appearances at the Criterion when the Gaumont British picture opens. Following the opening, the natives will return to the island. New Industrial Series Emerson Yorke. formerly of Para- mount Studios, has just completed production on a two-reel industrial short, "Romance of Rugs." Described as "an educational photographic theme in two studies," the film depicts the origin, care and hygiene of Oriental rugs and is a.vailable in 35 mm. and 16 mm. in both silent and sound ver- sions. Lefton Closes Deals Nat Lefton of Monogram of Ohio has closed a deal with Superior Talk- ing Pictures, Inc., for 12 westerns for the western Pennsylvania and West Virginia territories. He has also con- tracted for six "Tarzan, the Police Dog" features and six "Northwest Mounted" features for the same ter- ritories from Stage and Screen Prod., Inc. R. L. Estill Promoted Seattle, Oct. 7. — Robert L. Estill has been promoted to assistant booker at the local Paramount exchange. Max Hadfield succeeds Estill as head shipper. Columbia Gains Half on Big Board High Columbia Pictures, vtc : 36n4 Eastman Kodak 10054 Loew's Tnc 29 M-G-M, pfd 26 Paramount Publix, cts 4% Pa the Exchange 154 RKO 2J4 Warner Bros 5 Net Low Close Change Sales 36 3654 -i- V* 700 10054 + 54 300 28^ 29 800 26 26 300 VA VA + 5* 4.700 154 154 200 2H + 54 300 m 5 - 54 1.000 Technicolor Up Half on Curb Net Technicolor High Low Close Change Sales . 12% 1254 12*4 + *A i-ooo Warner Bonds Drop ll/g Points Keith B. F. 6s '46 Loew's 6s '41, ww deb rights.. Paramount Broadway 554s '51. Paramount F. L. 6s '47 Paramount Publix 554s '50 Warner Bros. 6s '39, wd Net High Low Close Change Sales . 62 62 62 - J4. 5 ■101 7/6 101*4 10U4 - 54 • 4254 42M 42A4 + *4 5 . 6054 60 6054 - 54 . 60>4 60 60 — 'A 9 . 61 6054 60J4 -VA 4 * Purely Personal ► RUDY VALLEE and Lou Holtz leave for Fox studios this week. En route, they will meet Director Al Green in Denver and he will accom- pany them to the coast. Louis Bromfield'6 story, "De Luxe," has been bought by 20th Cen- tury and will be produced as a play on Broadway next month. Ad Schulberg, Jack Hulbert and Charlotte Greenwood sail for Eng- land on Oct. 12. Charles Ruggles is due in New York from the coast today. Film Men at Crime Session in Capital Washington, Oct. 7. — Representa- tives of the film industry will join with other groups coming to Washington Oct. 10 for a three-day conference on crime. The conference was -called by Attor- ney General Homer S. Cummings, who announced that it would be held in his recent radio address on the Lindbergh case. President Roosevelt will address the meeting at its opening session Wednes- day night. The conference is to consider the causes and prevention of crime ; inves- tigation, detection and apprehension ; criminal courts and prosecution, and detention, parole, probation and pardon. Hays on Clean Films Will H. Hays is scheduled to de- scribe to the biennial convention of the International Federation of Cath- olic Alumnae at the Waldorf Asto- ria, Friday, the industry's efforts to meet the clean films issues of the church decency campaign. Wilcox to Do Musical London, Oct. 7. — Herbert Wilcox, production chief of British & Domin- ions, will produce "The Bohemian Girl." a musical, and will direct the picture himself. Wilcox is also hav- ing a completely modernized score written for the picture. Nine Song Writers at Fox Hollywood, Oct. 7. — Fox has nine song writers penning tunes for future productions. They are : Ray Hender- son, Ted Koehler, Johnny Green, Ed- die Heymann, Herb Magidson, Joseph Myer, Jack Yellen, Jay Gorney and Don Hartman. Reagan Finds Upswing Returning from a sales trip to Chicago and Minneapolis, Charles M. Reagan, Paramount division manager, states business in the midwest is on the upturn and theatre grosses have taken a substantial swing upward. RKO Closes 4 Deals Jules Levy, general sales manager of RKO, has closed product deals with four circuits. Sparks. Hoblitzelle Interstate. Jules Rubens Great States and Kincey-Wilby. WHIRLING FEET... IN A MAELSTROM OF MELODY; . . the most sumptuous rhythmic hit of 4£f/( seasons ... si v. GAIETY f MUSIC! EAUTY 6° <>' Ho tell of VoUt 6? Sn ^ar .ing Co TARS "TERRIFIC CLIMAX!" — N. Y. World Telegram "BRILLIANT! AMAZING!" - N. Y. Times "EXCITING! ABSORBING!" — N. Y. Daily News "EXCELLENT! STIRRING!" — N. Y. Eve. Journal KING VIDOR who directed "The Big Parade"- "The Champ" — "Street Scene" .... now gives you "to I" Says Arthur Mayer, Managing Director of the Rialto Theatre, N. Y., of the surprise sensation of the year! Released th ru U N IT ED ART I S TS 's bigger than ''Back Street" — bigger than "Only Yesterday" — bigger than any other picture you've had for many, many weeks or are likely to get in many, many more ! . • . The perfect BIG-CROWD attraction from star, story, author, director and every other possible standpoint * . . GO TO IT! COLBERT JOHN M. STAHL Production For U N IVERS AL with WARREN WILLIAM ROCHELLE HUDSON Ned Sparks Henry Armetta Presented by CARL LAEMMLE ^cxem SeMcdkmj 8 MOTION PICTURE DAILY Monday, October 8, 19 Hollywood Personals Hollywood, Oct. 7. — Joe Morrison back from Arrowhead. . . . Alfred Delcambre took his mother for her first airplane ride the other day. . . . Randy Scott leaves shortly for a vacation in West Virginia. . . . Rhea Langford is here from Broadway. . . . Ann Sothern vacationing in Palm Springs. . . . Ann Dvorak taking dancing lessons for the role in "Sweet Music" at Warners. . . . Dolores Del Rio returns from Mexico. . . . Lois Wil- son gets a role in "Bright Eyes" at Fox. . . . Mary MacLaren signed for "Evelyn Prentice" at M-G-M. . . . Jean Harlow's first novel, "Today Is Tonight," will be on the book stands by Christmas. . . . Anna Sten will go to New York for the opening of "We Live Again" at the Music Hall, Nov. 1. . . . Chandler Snrague has fin- ished the script for "Private Worlds," Walter Wanger's next pic- ture. British Deal Said to Hang On 2 Million {Continued from page 1) suspension of the B.I.P.-Gaumont ne- gotiations to the effect that the Lon- don negotiations had not contemplated an absorption of Gaumont British by B.I. P., but had had as their aim an amalgamation of interests of the two companies. A close working agree- ment between them would give them control of about 500 theatres in Great Britain as well as the most important production facilities. It would be by far the most important producing and distributing organization in the Brit- ish Empire. This community of interest which Maxwell is seeking, it is believed by some observers here, could be obtained through acquisition of the Fox hold- ings. Efforts to reach Mark Ostrer, chairman of the G-B board, and Jeff- rey Bernerd, general manager, both of whom are in New York, were un- successful Saturday. Ostrer will re- turn to England Oct. 19. Bernerd will stay here until he completes the sales setup of the American organi- zation for G-B. Mexico City Film Row Is Optimistic {Continued from page 1) the American representatives also urged a material reduction of the levies now being paid. President Rodriguez informed the film men that he would take the whole matter up with the Minister of Finance after the latter's return from New York where he is now on offic- ial business. It is expected a definite answer to the distributors' pleas will be made about Oct. 15. Expect a Break in Pittsburgh Ad Row {Continued from page 1) been for several months but a series of meetings recently indicates that some action is in prospect. The chief sufferer in the fight is Hearst's Sun-Telegraph, which has been receiving only directory space from Warners and Loew's. Next is the Press, which has had its space cut in half. Only the Post-Gazette , Pittsburgh's only morning daily, has not been slashed. Warner's and Loew's are carrying the fight, with the Harris-Alvin and George Shafer's Pitt remaining on the outside, giving all papers equal space. Talks on Music Tax Go on Again Today {Continued from page 1) of the American Society of Composers, Authors & Publishers. At the first meeting held last week Mills proposed an alternate tax of 40 cents per seat, while a member of the exhibitor delegation countered with a suggestion of 15 cents per seat. An agreement today is regarded as prob- able. Deal on to Settle Suit by Quittner {Continued from page 1) Reynolds, counsel for Quittner, sub- sequently filed an appeal which is now pending in the U. S. Circuit Court of Appeals here and which may be heard this fall if the current dis- cussions on a settlement are not suc- cessful. Quittner, a former Middletown, N. Y., exhibitor, charged in his suit that Paramount erected the Publix at Middletown when he refused to con- tract for Paramount pictures at the distributor's terms. Following the opening of the Publix, the complaint alleged, Quittner was unable to obtain sufficient product for his two Middle- town theatres which were subse- quently foreclosed. Cravath, de Gersdorff, Swaine & Wood are counsel for Paramount in the case and Arthur Butler Graham has been attorney for Quittner since the recent dissolution of the firm of Graham & Reynolds. L. A, Hearings Over, Coast Men Returning {Continued from page 1) ing either are on their way back or leaving today. Ben Berinstein left Friday night for Chicago and will be met in the Windy City by Harry Hicks, who left Sat- urday night to pick him up and pro- ceed coastward. Harry W. Chotiner is in Pittsburgh visiting friends and from there goes to Los Angeles. Jack J. Milstein, M-G-M branch manager in Los Angeles, leaves today. I. E. Chadwick flew to Hollywood over the week-end to attend a code committee hearing on production scheduled for today. As a result of the three-day hear- ing, exhibitors attending from the coast feel that everything will be worked out favorably to all. Hicks stated that 90 per cent of exhibitors in southern California were in favor of the schedule before the New York hearing and that discussions before the Campi appeal committee will result in the remaining 10 per cent being straightened out. He said exhibitors were for a uniform zoning plan and it is now up to Campi to give it to them. John Bertero, F. W. C. attorney, and Port Major, booker of the circuit, will return west probably on Thurs- day. Some of the men hold that the schedule will be returned to the Los Angeles board for a second revision. Zohbel West Tomorrow Herman Zohbel, treasurer of Radio, leaves for the coast tomorrow. "Belle" Providence Wow; Gets $12,000 Providence, Oct. 7. — "Belle of the Nineties" knocked Providence for the proverbial loop and chalked up a near- record of $12,000 for the Strand. Man- ager Ed Reed staged a midnight show and managed to eke out $500. The usual take at this house is under $7,000. "Count of Monte Cristo" at Loew's caught $10,000 and Fay's, the Ma- jestic and RKO Albee all were up to or over their usual pars, rounding out a strong week for the downtown belt. Total first run business was $44,900. Average is $40,500. Estimated takings for the week end- ing Oct. 4: "BELLE OF THE NINETIES" (Para.) "THE MOONSTONE" (Monogram) STRAND— (2,300). 15c-40c, 7 days. Gross: $12,000. (Average, $6,500) "MILLION DOLLAR RANSOM" (Univ.) FAY'S — (1,600), 15c-40c, 7 days. Parisian Follies on stage. Gross: $7,000. (Average, $7,000) "COUNT OF MONTE CRISTO" (U. A.) LOEW'S STATE— (3,800), 15c-40c, 7 days. Fashion show on stage. Gross: $10,000. (Av- erage, $12,000) "JUDGE PRIEST" (Fox) "THERE'S ALWAYS TOMORROW" (Univ.) MAJESTIC— (2,400), 15c-40c, 7 days. Gross: $7,800. (Average. $7,000) "WAKE UP AND DREAM" (Univ.) RKO ALBEE— (2,300), 15c-40c, 7 days. Tip Top Revue on stage. Gross: $7,200. (Average, $7,000) "BLACK MOON" (Col.) "NAME THE WOMAN" (Col.) RKO VICTORY— (1,600). 10c-25c, 4 days. Gross: $900. (Average, $1,000) Sets Houston Mark Houston, Oct. 7. — For the third time in two years the Majestic here has cracked a box-office record. "Judge Priest" nosed out "I'm No Angel" for week-end attendance. The theatre announced that from the opening Friday through Sunday night 2.200 more persons had seen the Rogers film than viewed the West picture. Farrell Dropped by Fox Hollywood. Oct. 7. — Charles Far- rell's contract with Fox has been terminated by mutual agreement, it was stated at the studio yesterday. E. J. Sparks Leaves E. J. Sparks of the Sparks Circuit and his general manager, Frank Rogers, have returned to Jackson- ville, Fla., after a short stay in town. "Redwoods," Kane's Next Hollywood, Oct. 7. — Robert T. Kane's next for Fox will be "Call of the Redwoods," a musical by Samson Raphaelson. RKOPaymenfc Held Pending Court Action {Continued from page 1) from $300,000 per month to approxi , mately $50,000 monthly, it is under- stood. This would give RKO 3Ci months in which to retire the note- in place of the five-month period in I which the company has been committc to meet the $1,500,000 balance hereto- j fore. The agreement, not yet in final shape, is expected to be presented tc Federal Judge William Bondy in about two weeks. Consolidated acquired the RKO notes from Chemical Bank & Trust Co. and Commercial Investment Trust last June, at which time they aggre- gated $1,825,000, maturing in the prin- cipal amount of $25,000 on July 1 and $300,000 on Aug. 1 and monthly there- after up to and including next Jan. 1. The July and August maturities were met by RKO, but the Sept. 1 and Oct. 1 maturities of $300,000 each were de- ferred successively pending the out- come of the negotiations for a reduc- tion in amount of the monthly obliga- tions. Washington Houses Take in $5,165,000 {Continued from page 1) reports showed, while the other the- j atres had a payroll of $322,000. Vir- ginia theatres had salary payments aggregating $784,000. Forty-one film theatres in Seattle i had a gross of $2,352,000 on a pav- 1 roll of $490,000, while 11 other the- atres grossed $935,000 on a payroll of $171,000. In Tacoma, 11 film houses took in $325,000 and had a salary roll of $73,000, while 12 film theatres in Spokane took in $496,000 on a payroll of $117,000 and three other theatres took in $319,000 on a payroll of $52,000. Ten film theatres in Richmond took in $750,000 and had a payroll of $153,- 000; while seven houses in Norfolk took in $432,000 and paid salaries of $85,000, and seven theatres in Roanoke took in $421,000 and had salaries of $63,000. France to Abandon Import Quota Plan {Continued from page 1) changes without the approval of Par- liament expires. It is expected that a generally higher schedule of tariffs will become effective with abandon- ment of the import quota system. Foreign managers of distribution companies were uncertain whether films would be affected by repeal of France's import quota laws and de- clined comment Saturday pending re- ceipt of fuller information here on the prospective change. Hoblitzelle Due Soon Carl Hoblitzelle and Robert O'Don- j nell of the Hoblitzelle Interstate cir- cuit are due in town this week. More Louisville Duals Louisville, Oct. 7. — Loew's here has gone to a dual bill policy with no change in scale. The Leading Daily «^ - \ \ lewspaper •, .the Motion Picture Industry MOTION PICTURE DAILY Alert, Intelligent lailhS w% I M Service w the Industry in All Branches ,'OL. 36. NO. 84 NEW YORK, TUESDAY, OCTOBER 9, 1934 TEN CENTS Ml of Majors For New Plan OnCodeCosts \ome Independents Fall In Line as Well J All major companies and practical- • all independent producers and dis- - -ibutors have approved the new al- -ucation plan of assessment promul- gated by a committee comprising S. Kent, Harold S. Bareford and '.dward Golden. The revised assessment plan has ■pen approved by Campi in principle A}nd sent to Division Administrator ol A. Rosenblatt, who will call a ublic hearing before approving it ■ nally. Rosenblatt returned from the sjoast by air yesterday. United Artists, Universal and Co- lumbia were the only major com- anies which objected to the original evy. These companies have sanctioned (Continued on page 7) Memphis Meet Gets Fire Insurance Plan .Memphis. Oct. 8. — Organization of leatres into an insurance mutual as -otection against allegedly discrimi- itory fire insurance rates, expres- diis of satisfaction with the progress ade by the wholesome films cam- iign and opposition to the increased usic tax were the principal matters esented to the M. P. T. O. of Ar- insas, Mississippi and Tennessee, in nvention here today. I Suggestion that theatres need an in- | ranee mutual plan was introduced (Continued on page 8) ■xpect to Complete G-B Staff in Month Completion of the Gaumont British les setup nationally is expected jthin the next month, George Weeks, jiieral sales manager, stated yester- jy. Weeks leaves today for Atlanta, jncinnati, Chicago, Kansas City and « Louis to line up his personnel, ter another two weeks in the east (Continued on page 2) Tigh Court Refuses To Act on "Holiday Washington, Oct. 8— The Su- ;me Court today denied a review of ower court decision in the case of iren vs. Shubert Theatres, involv- : plagiarism of "Death Takes a >liday." Supreme Court Refuses Tri-Ergon Patent Review Zirn 's Appeal Refused; Katz Denies Para. Lost The application of Samuel Zirn, at- torney for a Paramount Publix bond- holders' group, for leave to appeal from the U. S. District Court order appointing Charles D. Hilles, Eugene W. Leake and Charles E. Richardson trustees of Paramount Publix was de- nied by the U. S. Circuit Court of (Continued on page 7) Alleging that neither Paramount nor creditors of the company suffered loss or damage as a result of the re- purchase of the company's stock issued from 1929 to 1932 for the acquisition of theatres and that the payments did not constitute a "dividend or other distribution of assets to stockholders," (Continued on pane 7) Trendle Says 12 Houses in New Service United Detroit Service Booking Corp. now has 12 theatres using the service and more are expected to join. George W. Trendle, president, stated yesterday. The company basically renders a service to the exhibitor, helps him buy and book pictures and in no wise is connected with United Detroit The- atres Corp., a Paramount subsidiary which also has Trendle at the head, according to Trendle. 'We are planning expansion," Trendle said, "but cannot state at this time what it will be." The service company does not book, but acts as advisors to exhibi- tors, Trendle explained. Exhibitors (Continued on page 4) Report Rogers Will Make One for M-G-M Hollywood, Oct. 8. — Will Rogers, according to reports here, has been signed to do one picture for M-G-M, which will undoubtedly be a picturi- zation of the Eugene O'Neill play, "Ah, Wilderness !" Reports have been current for months that, following Will Rogers' successful Stage appearance in the O'Neill play in San Francisco last spring, he would star in the picture for M-G-M. ASCAFs New Tax Schedule Compromised A new music tax schedule which retains the former annual rate of 10 cents per seat for theatres up to 800 seats and establishes a new annual tax of 15 cents per seat for theatres of from 801 to 1,599 seats, and 20 cents per seat for theatres of over 1,600 seats was mutually agreed upon yes- terday by the American Society of Composers, Authors & Publishers and the emergency committee on behalf of exhibitors. The schedule was worked out yes- terday morning between E. C. Mills, general manager of the A.S.C.A.P. and members of the emergency com- mittee and was ratified yesterday afternoon by the A.S.C.A.P. board of (Continued on page 4) Aarons for Combine In Percentage Fight Philadelphia, Oct. 8. — Formation of a buying combine of all unaffiliated theatres in this territory to oppose high percentage playing terms de- manded by distributors is advocated by George P. Aarons, secretary of M. P. T. O. of eastern Pennsylvania, southern New Jersey and Delaware, in a current bulletin issued to members of the organization. Aarons cites a maximum percentage of 20 per cent as the highest paid by (Continued on page 2) Ruling Regarded as of Vast Import in Use Of Sound Devices Washington, Oct. 8. — A decision of potential import to the industry was handed down by the U. S. Supreme Court today when it refused to ac- cept for hearing two appeals from the Circuit Court of Appeals rulings in the controversy involving patents held by the American Tri-Ergon Corp., which is controlled by William Fox. Patents on two inventions were in- volved, double prints in recording and the flywheel on reproducers. The de- fendant in the double prints infringe- ment suit was Paramount Publix, while the Wilmer & Vincent circuit and Altoona-Publix, a Paramount Publix subsidiary, were named as co- defendants in the flywheel action. The lower court had held that the (Continued on page 4) Briefs to Be Filed In Dubinsky Dispute Washington, Oct. 8. — Inability of Sam Dubinsky to get to Washington today resulted in the calling off of the hearing planned by the Ajnuse- ments Division of the NRA on the wage controversy in Kansas City. Dubinsky asked for permission to file a brief, and the I.A.T.S.E. repre- sentatives not only agreed to this, but consented to have the entire matter argued by briefs, thus eliminating the need for a hearing. Chicago Clearance Is Put Over Again Chicago, Oct. 8. — The clearance and zoning board has tabled the B. & K. petition for a revision of the clearance setup. It is understood that it will come up for consideration at a future date. Meanwhile B. & K. officials stoutly maintain that they will push (Continued on page 7) Hearing Is Given On Detroit Lease Although Campi has sent to Wash- ington an amendment approving with- drawal of the leasing clause, known as 5E, Part 6, in the code, a Detroit (Continued on page 7) 2 MOTION PICTURE DAILY Tuesday, October 9, 1934 MOTION PICTURE DAILY (Registered U. S. Patent Office) Vol. 36 October 9, 1934 No. 84 Martin Quicley Editor-in-Chief and Publisher IBSBi MAURICE KANN unA |ST1 Editor C*£ IkTiEJ JAMES A. CRON JK. U^BHw Advertising Manager Published daily except Sunday and holi- days by Motion Picture Daily, Inc., sub- sidiary of Quigley Publications, Inc., Martin Quigley, President; Colvin Brown, Vice-President and Treasurer. Publication Office: 1790 Broadway, New York. Telephone Circle 7-3100. Cable ad- dress "Quigpubco, New York." All con- tents copyrighted 1934 by Motion Picture Daily, Inc. Address all correspondence to the New York Office. Other Quigley pub- lications: MOTION PICTURE HERALD, BETTER THEATRES, THE MOTION PICTURE ALMANAC and THE CHI- CAGOAN. Hollywood Bureau: Postal Union Life Building, Vine and Yucca Streets, Victor M. Shapiro, Manager; Chicago Bureau: 407 South Dearborn Street, Edwin S. Clif- ford, Manager; London Bureau: Remo House, 310 Regent St., London, W. 1, Bruce Allan, Representative. Cable address: "Quigpubco, London"; Berlin Bureau: Berlin-Tempelhof, Kaiserin-Augustastrasse 28, Joachim K. 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Does $15,480 in Day "Power" grossed $15,480 at the Music Hall on Sunday, according to Jeffrey Bernerd, who also declared yesterday the picture grossed £2,601 in its first three days at the Tivoli, London. The record, he added, for an opening three days there until now was held by "The House of Rothschild" at £2,486. Refuse Barrymore Case Washington, Oct. 8.— The U. S. Supreme Court today rejected an ap- plication by Dolores Costello and John Barrymore for a writ of certi- orari against the Guarantee Building and Loan Ass'n., in a suit over a judgment resulting from some of their deposits in the institution. Crime Meet on Dec. 10-12 Washington, Oct. 8. — The three- day conference on crime called by At- torney General Homer S. Cummings, which will be attended by film in- dustry representatives, is scheduled for Dec. 10-12, instead of Oct. 10, as reported yesterday. "Wimpole" Gets 3rd Week "Barretts of Wimpole Street" will get a third week at the Capitol. This will be the eighth film to be held three weeks in the 15 years since the Capitol was opened, according to Major Bowes. Expect to Complete G>B Staff in Month (Continued from page 1) and midwest, Weeks will fly to Los Angeles to set his staff. From there he will go to Dallas, Des Moines, Omaha, San Francisco, Portland, Seattle and Salt Lake City. Mark Ostrer, chairman of the G-B board ; Jeffrey Bernerd, general man- ager, and Michael Balcon, production head, sail on Oct. 19 aboard the Aquitania for London. Berthold Vier- tel and Robert J. Flaherty, directors, sail later. Arthur Lee and Balcon will visit Scarsdale, N. Y., on the first leg of a tour of theatre visits to get audi- ence reaction. Gaumont British today will an- nounce sales setups in Washington, Pittsburgh and other cities Weeks visited last week. G-B After Jack Holt Hollywood, Oct. 8. — Gaumont British is negotiating for Jack Holt to appear in two pictures. Michael Balcon, production head of G-B, is in New York and conducting negotia- tions with Holt's representatives here. Holt is under contract to Columbia, which will have to approve the deal, which would be in the nature of a loan. Two other stars are being consid- ered by G-B, but their names are be- ing kept secret for the time being. G-B to Give a Luncheon Gaumont British will give a luncheon in honor of Nova Pilbeam, Jack Hulbert, Robert J. Flaherty and Berthold Viertel at the Waldorf As- toria next Monday at 12:30 o'clock. Following the luncheon "Little Friend," starring Miss Pilbeam, will be screened in the ballroom.- Walter Donaldson Wed Hollywood. Oct. 8. — Walter Don- aldson and Walda Mansfield, New York chorus girl, were married in Aguai Caliente over the week-end. Witnesses were Mrs. Eddie Mannix and Leo Morrison. Pay Visit to Sing Sing Ossining, Oct. 8.— Will H. Hays and Harry M. Warner visited Sing Sing Prison yesterday and attended a football game between the prison team and a team from Kingston, N. Y. Aarons for Combine In Percentage Fight (Continued from page 1) affiliated theatres as compared with a maximum of 50 per cent which, he says, is demanded from independents. "The answer," Aarons says, "is the formation of an independent buying circuit. As the current season is pretty well advanced, I do not sup- pose much can be done now, but the theatre owner should lay plans at this time and by concerted action develop the situation to the point whereby he will be amply protected for the 1935-36 season." "If you hold off from buying," Aarons concludes, "you will be able to break down this abnormal, unjust and unfair, high percentage policy." Cartoon Programs Set Cartoon programs are to be fea- tured at the Bijou Theatre, 45th St., starting tomorrow. The house will be renamed the Mickey Mouse The- atre. The house has been taken back by the Astor-Bijou-Morosco Theatres Realty Corp., headed by Walter Reade and will be operated by Car- toon Exhibitors, Inc., of which Rob- ert Schirmer is president. Criterion to Go Union When Gaumont British takes over the Criterion on Oct. 18, non-union help will be displaced by members of the A. F. of L., including Local 306 operators. G-B has the house for three months with an option and is not anxious to experience labor difficulties on its first venture into the theatre business here. No Lead Picked — W anger Hollywood, Oct. 8. — Walter Wan- ger denies all stories to the effect that Greta Garbo, Katharine Hep- burn, Ann Harding or Irene Dunne will be in "Private Worlds." No feminine lead has been picked, he says. Strong Starts Own Firm M. D. Strong has resigned as di- rector and general manager of Inter- Continent Film Corp. to go into busi- ness for himself. His new firm is known as Criterion Films. He will finance and distribute both foreign and domestic films. < Purely Personal ► David Loew, Felix Feist, Louis Nizer, Paul Benjamin, Earle Sweigert, Eugene Picker, J. D. Trop, Lou Metzger, Henry Randel, Howard Dietz, Capt. Harold Auten, Mort Spring, Al Friedlander, Her- man Robbins, Sam Dembow, Jr., James Clark, Louis Phillips, Phil Reisman, Jack Alicoate and Harry Brandt were among the diners at the M. P. Club yesterday noon. Leon Schlesinger has arrived in town with the first print of the latest Merrie Melody cartoon, "Those Beau- tiful Dames," which he will show to the home office. It is done in Techni- color. David Bernstein gave a luncheon for Dr. A. H. Giannini yesterday, all for the purpose of presenting the California banker with the scroll that designates him a Kentucky colonel. Irving Lesser anticipates a $33,000 week at the Roxy for the first seven days of "Peck's Bad Boy." Exactly 58,837 persons visited the house from Friday morning to Sunday night. Howard S. Cullman will be one of the speakers at a luncheon today for Governor Lehman and Lt. Governor M. William Bray at the Commodore. James C. Bradford, composer and specialist in film music, is back in New York after doing the music for "Hollywood Murder Mystery" on the coast. Jeanette Rex, Sol Lesser's pub- licity head, returns to the coast by air the end of the week, stopping off in Chicago to visit her brother. Maurice McKenzie, on the sick list for the past several days, is ex- pected back at his M.P.P.D.A. offices within a day or two. Clemence Dane arrives today on the Majestic. She is under contract to M-G-M to write a story for David Selznick. Alan Cross and Henry Dunn, Broadway players and radio stars, have been signed for a two-reel Vita- phone short. Earle Sweigert of Paramount and E. S. Applegate of M-G-M in Phila- delphia were visitors yesterday. Ralph Kohn, ill for the past sev- eral weeks at his home, may be back on the job this week. Sam Picker of the Nathan Bur- kan office is vacationing this week. Arthur Brilant has joined Va- riety's reportorial staff. Barbara Barondess is on her way east. William Wellman is in town. Closes Shanghai Deal Ned E. Depinet, president of RKO Distributing Corp., has closed a deal with the Peacock M. P. Co., Inc., Shanghai, for the entire 1934-35 line- up. Telfair Knight, now in this coun- try, handled the negotiations for the China firm. To Aid Basket Fund Warners will donate the net pro- ceeds from the showing of "Happiness Ahead" at the Strand next Monday to the Christmas Basket Fund. Eastman Gains Quarter on Big Board Net High Low Close Change Sales Columbia Pictures, vtc 3654 3654 3654 — 54 200 Consolidated Film Industries, pfd 1454 1454 1454 + 54 800 Eastman Kodak 100% 100% 10034 + 54 700 Fox Film "A" 12 1134 12 — 54 200 Loew's, Inc 2954 2854 2854 — 54 3,600 Paramount Publix 4% 454 454 — 54 11,300 Pathe Exchange 154 154 154 — A 800 Pathe Exchange "A" 1354 1254 1254 — 54 500 RKO 254 254 254 1,200 Warner Bros 5 4% 5 2,500 Technicolor Off Quarter on Curb Net High Low Close Change Sales Technicolor 1254 1254 1254 — 54 1,400 Bond Issues Show Slight Losses Net High Low Close Change Sales General Theatre Equipment 6s '40 6V2 654 654 — 54 3 General Theatre Equipment 6s '40, ctf &A 654 &A —A 2 Keith B. F. 6s '46 6154 6154 6154 — 54 3 Paramount F. L. 6s '47 6054 60 60 13 Paramount Publix 554s '50 6054 60 60 — % 5 Pathe 7s '37 ww 98 98 98 — 54 1 Warner Bros. 6s '39, wd 60 60 60 — 54 2 IT'S IN THE AIR! ONE GREAT REEL featuring the sensational and intricate plays of the world's champion football team, the Chicago Bears, and starring the world's most notable gridiron athletes. HAROLD "RED" GRANGE "BRONKO" NAGURSKI JACK WANDERS WILLIAM HEWITT JOHN DOEHRING GENE RONZANI CARL BROMBAUGH "OOKIE" MILLER and Other Stellar Football Favorites DIRECTED BY RAY McCAREY ADVERTISE IT NOW WITH gets a Spe al Press Sheet, ^.sk for it. YOUR BIGGEST FEATURE! Hollywood Reporter says: 'A gold-mine of entertainment. A pleasure and a thrill a minute." M. P. Daily says: "Pete Smith makes it particularly interesting with his trenchant remarks and the use of slow motion." Film Daily says: Unusual and timely short. Actiony thrills and comedy hy Pete Smith." M. P. Herald says: An ideal short, will go well on program during football season." M-G-M MAKES BIG ONES OUT OF LITTLE ONES! 4 MOTION PICTURE DAILY Tuesday, October 9, 1934 Supreme Court Denies Review In Sound Case (Continued from page 1) patents had been infringed upon. To- day's action of the Supreme Court, in efiect, affirms that decision. Paramount Publix was defended by Erpi and Wilmer & Vincent and Al- toona-Publix by RCA Photophone. The decision of the court is con- sidered one of the most important matters affecting the industry in a long time. As pointed out by the petitioners, "as construed by the courts below, the patents are so broad as to permit the respondents to claim tribute from practically every one who has pro- duced or exhibited talking motion pic- tures, or has manufactured equipment for. recording or reproducing sound with motion pictures, or has done the developing and printing of sound and picture records." Tri-Ergon is a patent holding com- pany organized in 1928 as a personal venture of William Fox for the pur- pose of exploiting commercially in this country the inventions of three Germans, Vogt, Engl and Massolle. Two Defended by RCA Two suits for infringement of the same patent were involved ; both were defended by RCA Photophone, a sub- sidiary of RCA, but the actual de- fendants, it was contended, "are the- atre owning and operating companies" in which the alleged infringing ma- chines supplied by RCA Photophone, are used to reproduce sound in con- junction with motion pictures." In carrying the cases to the U. S. Supreme Court, the theatre companies contended there was a sharp conflict of opinion among the judges of lower courts as to the validity of the pat- ents ; that the decision of the Circuit Court of Appeals was diametrically opposed to and in direct conflict with the Supreme Court's decision in one of the De Forest cases and in other cases, and the suit involved an im- portant question of patent law which should be settled by the Supreme Court. Says Tri-Ergon Ruling Clears Way for Suits That the refusal of the U. S. Su- preme Court to review a decision of the Circuit Court of Appeals in the American Tri-Ergon patents case clears the way for legal action on the part of Tri-Ergon against all pro- ducers and exhibitors for the collec- tion of royalties on the double prints and flywheel patents was asserted yesterday by Daniel G. Rosenblatt of the law firm of Hirsh, Newman, Reass and Becker, who represented the plaintiff in the court battle. Rosenblatt said that action would be taken in behalf of Tri-Ergon against a number of the leading pro- ducing companies and circuits of the nation for a royalty arrangement. He said no action would be taken against the small exhibitors as they would probably "fall in line" with any deci- sion made by the big circuits regard- ing the payment of royalties to Tri- Ergon. From producers payments would be sought on the use of the flywheel and double prints devices, Rosenblatt declared, while the exhibitors would be asked to pay for the use of the flywheel invention, which is used in reproduction equipment alone. Erpi, which defended Paramount, yesterday had no statement to make. At the same time, Erpi legal experts appeared unperturbed by the Su- preme Court decision. It is understood that the electric shortly will make a statement of its policy. The litigation is reported to have involved technicalities. This may prove to be the basis of the impend- ing Erpi statement, it is believed. Interstate Gets Another Dallas, Oct. 8— The Melrose, de luxe suburban here, became part of Interstate Circuit, Inc., this week-end, it was reliably reported. The acquisi- tion of the Melrose is third neighbor- hood house. Already the circuit oper- ates the Arcadia. Dallas, and has started construction on a suburban house in Houston in partnership with Will Horwitz of that city. Interstate controls all downtown first runs in Dallas and Fort Worth and most of the houses in Houston, San Antonio, Austin, Galveston and other Texas cities. Fights Sunday Date New Orleans, Oct. 8.— A. C. Du- mestre has filed a claim with the grievance board charging Paramount with attempting to force a percentage playdate on "Belle of the Nineties" for Sunday night. He contends that if he plays the film Sunday and Mon- day, according to his agreement to book it two days, he will lose his Sunday business, since on Mondays the stockholders of his theatre and their families are admitted free. States he is willing to book it Wednesday and Thursday. The case will be heard this week. Ernest Schwartz Gaining Cleveland, Oct. 8. — Ernest Schwartz, attorney and president of the Cleveland M. P. Exhibitors' Ass'n.. wounded in a dual shooting two weeks ago during which his partner, B. Z. Levine was killed, is reported to be convalescing at Charity Hospital. Un- less complications develop, his recov- ery is practically assured. Chesterfield on Second Hollywood, Oct. 8. — "The World Accuses," the second picture on Ches- terfield's current program goes into production on the Pathe lot tomorrow with Charles Lamont directing. The cast includes Vivian Tobin. Russell Hopton, Dickie Moore, Cora Sue Col- lins. Mary Carr, and Bryant Wash- burn. Lon Young will supervise. Parker Joins Warners Hollywood. Oct. 8. — Austin Parker has checked into Warners to develop an original screen play to star Helen Morgan. The actress is slated to arrive here tomorrow from Chicago for a featured role in "Sweet Music," her first on a long term ticket with Warners. Doris Kenyon in Opera Hollywood, Oct. 8. — The Los An- geles Grand Opera Co. has engaged Doris Kenyon to sing the role of Suzanne in the forthcoming produc- tion here of "The Secret of Suzanne." Trendle Says 12 Houses in New Service (Continued from page \) buy themselves, but we sit in with them and help them arrange their schedules. It is understood a new holding company will be formed shortly to take over operation of theatres in United Detroit Service Corp. and owners of the houses will be stock- holders in the holding firm. Willard C. Patterson, general man- ager of the Paramount subsidiary, arrives from Detroit today to set product deals with Paramount. Tren- dle leaves for Washington today on matters pertaining to radio. He may stay there a few days before heading back to the auto city. He will be back on Oct. 18 when the general hearing on the Detroit schedule is before Campi. A. J. Callaghan Buried Hollywood. Oct. 8. — Funeral rites for Andrew J. Callaghan, vice-pres- dent of Technicolor, who died here last Thursday at the Queen of Angels Hospital following an abdominal oper- ation, were held with the singing of a solemn requiem high mass at St. Ambrose's Church followed by inter- ment in Calvary Cemetery. Callaghan was in his 46th year. He had been ill for several months, but had refused to give up work until a short while ago. Surviving are a widow ; a son, Andrew. Jr. ; a daugh- ter, Frances, all of whom reside here, and his parents, who live in Chicago, his birthplace. John E. Koen Dead Salem, Oct. 8. — John E. Koen. 61, who established and operated the first film theatre in Salem and later, in as- sociation with his brother, the late W illiam H. Koen. built theatres and operated them in Haverill, Beverly, Brockton and Quincy, died at his home. 5 Franklin St. He retired from the theatre business about 10 years ago. He is survived by his widow and by one brother. George. Zanuck's Father Buried Hollywood. Oct. 8. — Funeral ser- vices for Frank Zanuck. who died here Saturday morning from a heart attack at the age of 73. were held here this morning at Wee Kirk of the Heather, Forrest Lawn. Zanuck is survived by his son Darryl F. Zanuck, production head of 20th Century, three sisters and two grandchildren. Service for Dintenfass A memorial service for the late Mark H. Dintenfass will be held Fri- day at the Ferncliff Mausoleum, Ards- ley, Mrs. Esther Dintenfass, the widow, will present a flagstaff to the mausoleum which has been on the Dintenfass estate at Palisade. X. J., for a number of years. Dunne on "Brummel" Hollywood, Oct. 8. — Philip Dunne, son of Finlay Peter Dunne, will do the story for Edward Small's next Reliance feature, "Beau Brummel." ASCAFs New Tax Schedule Compromised (Continued from page 1) directors. It will be retroactive to Oct. 1 and adjustments will be made on the basis of the new rates on be- half of all exhibitors who have paid tax installments at the rate prescribed in the tax schedule which A.S.C.A.P. declared to be in effect on Oct. 1. That schedule, which goes into the discard as a result of yesterday's com- promise agreement, established a music tax per seat based on the high- est admission charged by the individ- ual theatre at any performance. Thus, the tax would have ranged, in most theatres, from 15 cents to 75 cents per seat. In addition to obtaining what is re- garded in exhibitor circles as a highly advantageous compromise, exhibitors are not restrained under the agree- ment of yesterday from either aiding the Department of Justice in its anti- trust suit against A.S.C.A.P. and other music licensing agencies, in bringing litigation of their own against the society in an endeavor to have the collection of any music tax whatever declared illegal, or in en- deavoring to enlist legislative aid for the revision of the copyright laws with the same objective. Profit to ASCAP Obscure What A.S.C.A.P. obtains in the way of an advantage as a result of the compromise was not clear to ob- servers yesterday. Some held that the exhibitor agreement might, in the opinion of A.S.C.A.P., weaken any ex- hibitor action or testimony against the society in the future, as exhibi- tor acceptance of the compromise might be held to be an admission that the collection of a music tax is valid and justified. In a statement issued yesterday the society declared merely that it feels that exhibitors have acted "fairly" in agreeing to the increased rates. In a more wordv statement issued by the emergency committee the compromise increase was referred to as a "fair and constructive solution of a vexing question." It adds that the committee feels that it was treated fairly by A.S.C.A.P. and that its treatment o'f that organization, also, was fair. It urges exhibitors to support the agree- ment reached and recalls that without the committee's efforts the rates would have been much higher. Members of the emergency commit- tee are: Walter Vincent, chairman; Ed Kuykendall, Edward G. Levy, Sam Dembow, Jr., Major L. F. Thompson. Leopold Friedman, Leon Netter, Milton C. Weisman, Sydney Justin. Harry M. Pimstein. Martin Barrett in Omaha Martin Barrett, field representative for Van Beuren Corp., is in Omaha on a tour of key cities. From there he jroes to Chicago and Pittsburgh, returning to New York early next week. Fred J. McConnel, general sales manager, has just returned from Chi- cago and Milwaukee. in THE PAINTED VEIL" Somewhere in tke literature of the wor Id tk ere is a story that flames with the fire that Garbo can portray. Somewhere lurks a narrative of power that Garho can tell to your audience, of smouldering love, of high adventure and tenderness that yields tears. jMletro- Gold wyir Allayer has found that story. It is Somerset jtyLaugham s The Painted "Veil , destined to pack theatres throughout the world, to enthrall love- hungry hearts with its romance portrayed immortally hy the one and only Garho. Prepare for it as you have never prepared for a picture within your memory! Tuesday, October 9, 1934 MOTION PICTURE DAILY All Majors for New Plan on Code Costs (Continued from page 1) the new schedule. Many independent companies were among those listed as against the first assessment schedule, but many have fallen in line with the three major firms. The new7 plan, which will not be made public until the NRA Depart- ment of Research and Planning ap- proves it, is considered by codists as a better allocation for majors and a nominal assessing plan for the smaller companies. Instead of sending out bills for six months' payment, the $180,000 will be raised by one remittance. All of the major companies have already paid Campi sums toward the assessment. The second semi-annual exhibitor schedule is ready and Rosenblatt is expected to approve it Thursday. He will attend the Campi session. The new exhibitor levy will find many theatres reclassified with reductions in assessments. Hearing Is Given On Detroit Lease (Continued from page 1) complaint on interference with the operation of the Eastown was heard yesterday by a Campi appeal commit- tee consisting of Jack Cohn, chairman, and William Yoost, local circuit owner. Henry Randel, manager of the Paramount branch in Brooklyn, with- drew as a member of the board be- cause United Detroit Theatres, a Paramount subsidiary, was a litigant. Louis Phillips appeared with George W. Trendle in defense of United. Phillips held that although the United lease on the house expired May 21, 1934, Trendle was operating until June 30 when he was forced to vacate because Louis Wisper had bought 50 per cent of the first mortgage bonds and half of the chattel mortgage. Wisper now operates the house. William H. Kaplan, attorney for Wis- per, claimed that the bonds were bought after a trustee in bankruptcy for the theatre issued a public notice on the sale. Wisper contended that his purpose in buying the bonds was to get possession of the house. He ad- mitted that a previous attempt to deal with the banks involved for a lease had met with failure. Campi is expected to hear by Thursday on the approval of the NRA of the amendment to drop the leasing clause. No action was taken by the appeal committee yesterday and the matter will be decided Thursday by the entire body. When the Detroit grievance board heard the case it certified it to Code Authority for disposition. Five Stories Bought Hollywood, Oct. 8. — There has been a rush of story purchases during the past few days. Warners have bought Richard Lise's and Martin Mooney's "Police Escort" as a co- starring vehicle for James Cagney and Phil Regan, and "Sport Page," by Clarence Bricker. Radio has purchased "Star at Mid- night," by Arthur Somers Roche, and "The Taming of Zenas Henry," by Sara Ware Bassett. M-G-M has ac- quired James Hilton's "Dawn of Reckoning." Zirn 's Appeal Refused; Katz Denies Para. Lost (Continued from page 1) Appeals in an order handed down here yesterday. Zirn's petition was filed with the higher court after Federal Judge Al- fred C. Coxe appointed the trustees in conjunction with the approval of the Paramount Publix petition for re- organization under Section 77-B of the Bankruptcy Law-s last June. Zirn, who says he represents bond- holders in the amount of $30,000, op- posed the appointment of the trustees on the grounds of disqualification in the district court, but was overruled there. His application for the hearing of an appeal was then taken to- the higher court and argued last week. Washington's Board Decides Five Cases Washington1, Oct. 8. — Five of six cases before the grievance board to- day were decided. A complaint of the M. P. T. O. of the District of Columbia that East- ern High School was screening regu- lar features to raise funds for strictly educational pictures was dismissed for lack of evidence. F. H. Durkee Enterprises, Balti- more, brought a reduced admissions charge against the Aldine, charging passes were being issued with box- office surcharges. The board issued a cease and desist order to James Ryclzewski, operator, effective Oct. 9. Evidence of compliance must be submitted by Oct. 12. A misunderstanding as to the mean- ing of "from and after Oct. 1" brought a reopening of the Durkee- Brought case of Sept. 24, as the Rex honored tax-bearing passes on that date. Leon H. Zeller and S. K. Schecter, operators of the house, as- sured Secretary Fitzgerald that the board's order went into full effect at the close of business on Oct. 1. The board was satisfied with the explanation and Durkee withdrew the case. Charging overbuying, too frequent changes, and exercise of buying pow- er suasion had been used by Durkee Enterprises against the Brodie The- atre, Joseph Brodie sought relief. Named as defendants were C. H. Pacy Co., Inc., and McHenry Theatre Co., operating Pacy's Garden and Mc- Henry Theatres, respectively. Eight distributors were involved in Brodie's alleged lack of major product. The board dismissed the case. The dispute between Baltimore's Colony Theatre and United Artists oyer an interpretation of contract pro- visions was postponed, probably to Oct. 29. A second overbuying case was brought by J. B. Klein, Star Theatre, against Gilbert C. Grant, Dunbar The- atre, Baltimore. This case was also dismissed. Sam Moross In and Out Sam Moross, representing John C. Flinn in the field, returned yesterday from a four- week trip to code boards in Kansas City, Des Moines, Chi- cago, Milwaukee, Indianapolis, Dallas and St. Louis. He left last night for Atlanta. {Continued from page 1) Sam Katz, former theatre head of the company, asks dismissal of the suit brought by the Paramount Publix trustees against himself and 15 other members of the Paramount board of 1930-32 to recover $12,237,071, the amount alleged to have been expended in the stock repurchase transactions. Katz's allegations were made in the form of an amended answer to the trustees' complaint filed in State Su- preme Court here yesterday by his attorneys, Cravath, de Gersdorff, Swaine & Wood and Samuel Spring. The transactions specifically defend- ed in Katz's reply are those by which Paramount acquired the Kunsky- Trendle circuit, Detroit; Great States Theatres, Illinois, and a 50 per cent interest in both the William Morris Agency and Columbia Broadcasting System. Acquisition of Kunsky-Trendle and Great States is justified in the answer as a protective move by Paramount in the face of theatre expansion by com- petitors throughout the country. It is stated that with the ownership of thea- tres, a producer-distributor is not only assured of outlets for his own product, but is also in a more favorable posi- tion, because of his theatre ownership, to make favorable product deals with other circuits affiliated with a pro- ducer-distributor. CBS Deal Explained Acquisition of the 50 per cent inter- est in Columbia Broadcasting for $4,999,955 by the issuance of 58,823 shares of stock available for repur- chase under certain conditions by Paramount at $85 per share, was ex- plained in Katz's answer to be the re- sult of a belief prevalent in 1929 that some affiliation with a broadcasting company would ultimately be essential to a film and theatre company. It is suggested that the affiliation of RKO and NBC may have hastened the Par- amount-CBS transaction. Paramount showed a cash profit on this transaction, the answer states, when, in 1932, CBS repurchased the Paramount 50 per cent interest for $4,950,000 in cash and a negotiable promissory note for $250,000. With this money Paramount repurchased from Columbia 49,887 of its own shares for $4,036,140. Paramount was in need of cash at the time, the answer states, which made the Columbia offer desirable. Paramount breached its 10-year agreement with the William Morris Agency in 1932, an agreement by which Paramount subsidiaries were to book at least 75 per cent of their acts and artists through that agency, where- upon the Morris office began an action against Paramount. The action was settled under an arrangement by which Paramount returned its 50 per cent stock interest in the Morris Agency and received 2,666 shares of its own stock, selling at $10 per share at the time, which had been issued at the time the interest in the Morris Agency was acquired. The Kunsky-Trendle transaction is defended in the answer on the basis of the favorable earnings of the company, which, it states, were $650,000 net in 1928 and $950,000 in 1929, or \2y2 and Agents Join Fight On Capital Hearing Hollywood, Oct. 8. — Ralph Blum, representing the agents here, has drawn up a petition protesting the agency code hearing's being held in Washington. When the petition is signed by a sufficient number of cli- ents and agents it will be forwarded to Division Administrator Sol A. Ros- enblatt, President Roosevelt and Dep- uty Administrator William P. Farns- worth. The agents, like the Academy, which has already wired a protest to Washington, believe it unjust to hold the meeting away from Hollywood. Chicago Clearance Is Put Over Again (Continued from page 1) their fight for the clearance plan which they authored calling for an additional week of protection. The clearance and zoning board originally voted it down, 5 to 1, where- upon B. & K. filed a protest with Campi. In New York the case ap- parently proved too much of a puzzler, for Campi dumped it back into the lap of the local board, which is hesitating to put it to a vote again until the mat- ter can be discussed further. Says He Can't Get Film Cleveland, Oct. 8. — Charging that all major distributors in this territory refuse to serve him product of any kind, Jack Steinberg, Harbor Thea- tre, Ashtabula Harbor, has filed a protest with the grievance board against M. A. Shea, claiming that Shea, who operates theatres in Ashta- bula, has tied up all runs of both the 1933-34 and the 1934-35 product. Hays Not to Speak A report that Will H. Hays would address the convention of the Inter- national Federation of Catholic Alum- nae on the subject of clean films at the Waldorf-Astoria Friday was ac- credited by Hays yesterday to a "misunderstanding." Other engage- ments will prevent his attending the session, it was said. 20 per cent, respectively, on the $4,- 875,000 investment involved. Para- mount set aside 65,000 shares of its stock in 1928, redeemable in 1931 at $75 per share, to consummate the Kun- sky-Trendle deal. The stock was sell- ing at $64 per share at the time the deal was made and at $22 per share at the redemption date, according to the Katz answer. The Great States deal of 1929 in- volved 30,000 shares redeemable in 1931 at $85 per share, or an aggregate $2,550,000. The stock was quoted at $66 at the time of the deal and at $6 on the redemption date. The trans- action is defended on the grounds that it was an advantageous acquisition, which has resulted in no loss to the company or creditors. It is also point- ed out that Great States' earnings for the first nine months of 1928 had been $298,000 net, or 10 per cent on the proposed investment. The answer asserts that the capital structure of the company was never endangered by the transaction and that the fact that necessary surpluses to make the transactions existed was cer- tified to by competent accountants at the time. In addition to dismissal of the complaint, costs of the action are asked by Katz. 8 MOTION PICTURE DAILY Tuesday, October 9, 1934 MOTION PICTURE DAILY* HOLLYWOOD PREVIEW "Perfect Week-End" {Warners) Hollywood, Oct. 8. — James Cagney as a tough-mug truck driver with a propensity for week-ending in jails will appeal to the masses who like him in rough and ready roles. The general tenor of the film is vigorous action with melodrama and brawling laughter. The story united Cagney with Allen Jenkins as a truck-driving team and getting into grief with their chief, who hands them tough assign- ments. Patricia Ellis, a small town lunchroom queen, conflicts with Cagney for romance. The main plot, though virile, seems emasculated in dealing with strike-breaking gangsters who take over Cagney's truck to run milk through towns whose roads are barricaded and picketed by strikers. The cast, including Robert Barrat," Hobart Cavanaugh, Spencer Charters, Addison Richards and Arthur Aylesworth, fits neatly into the Cagney-Jenkins-Ellis pattern. Ray Enright directed with broad, telling strokes from the screen play by Warren Duff and Seton I. Miller and a story by Frederick Hazlitt Brennan. Sid Hickox photographed well. For aggressive action and broad comedy with rousing suspense for a windup, exhibitors can promise patrons a Cagney film that, while not highbrow or sophisticated, will surely please in neighborhoods where the masses predominate. Production code seal No. 217. Running time, 65 minutes. "Kentucky Kernels" (Radio) Hollywood, Oct. 8 — This one is a laugh fiesta from the opening to the fadeout. Containing all the elements of comedy hoke and aided by prop southern accents this outdistances every preceding Wheeler and Woolsey opus and can be chalked as a sure-fire laugh and money getter. The story spots Wheeler and Woolsey as two former stage magicians who adopt Spanky MacFarland when the youngster's father (Paul Page) plans suicide because of a broken romance. Attorneys notify the trio that the kid inherits a Kentucky estate and they move south, where they run smack into a feud. From here on the comedy runs wild with the principals tossing a gag a minute. Mary Carlisle looks good as a romantic note, but has little to do. George Stevens directed with skill and a fine sense of comedy values, draining the story to the last laugh. Spanky MacFarland, of Our Gang fame, almost steals the whole show with the comedy team of Miss Carlisle and Noah Beery turning in a crack performance. The story, music and lyrics by Bert Kalmar and Harry Ruby constitute a creditable job. Fred Guiol shares the script credits. The picture is good, clean fun throughout. Previewed without a code seal. Running time, 79 minutes. "Priest" Sets 5-Year Mark In Cleveland Cleveland, Oct. 8— "Judge Priest" broke a five-year record at Warners' Hippodrome with a $15,000 gross — more than twice the average business. "Barretts of Wimpole Street," at Loew's Stillman in its second week downtown at advanced prices, went to $7,500 against a $4,000 average. Both pictures are being held. Total first run business was $44,500. Average is $33,000. Estimated takings for the week end- ing Oct. 5 : "CHARLIE CHAN IN LONDON" (Fox) ALLEN — (3,300), 2Oc-3Oc-40c, 7 days. Gross: $4,000. (Average, $3,000) "JUDGE PRIEST" (Fox) WARNERS' HIPPODROME — (3,800), 30c-35c-44c, 7 days. Gross: $15,000. (Aver- age, $6,000) "BRITISH AGENT" (F.N.) RKO PALACE — (3,100), 30c-35c-44c, 7 days. Gross: $10,000. (Average, $10,000) "SCARLET EMPRESS" (Para.) LOEW'S STATE— (3,400), 30c-3Sc-44c, 7 days. Gross: $8,000. (Average, $10,000) "BARRETTS OF WIMPOLE STREET" (M-G-M) LOEW'S STILLMAN— (1,900), 30c-35c-44c, 7 days. Gross: $7,500. (Average, $4,000 at regular house admission prices of 20-30c- 40c.) Memphis Meet Gets Fire Insurance Plan {Continued from page 1) by R. X. Williams of Oxford, Tenn. It was given promise of attention by the new board of directors after Wil- liams asserted fire rates are 40 to 50 per cent higher than those of lum- ber yards in Mississippi despite com- pliance with state regulations. Praise for the new season's product, particularly with regard to cleanliness of subject matter, was expressed by exhibitors at the open session, in- cluding Ed Kuykendall, national presi- dent. Kuykendall spoke at length yester- day morning in support of the in- dustry's drive for funds to oppose the A. S. C. A. P. music tax in- creases. W. L. Landers of Batesville, Ark., was elected president, succeeding M. A. Lightman. H. D. Wharton, War- ren; W. E. Elkins, Aberdeen, and W. F. Ruffin, Covington, were named vice presidents, respectively, for Ar- kansas, Mississippi and Tennessee. Williams was re-elected secretary- treasurer. The following directors were chosen : Tennessee : E. L. Drake, Jackson ; J. W. Eaton, Col. Cecil E. Vogel, W. L. Hendricks and Lightman of Mem- phis ; Mississippi : Raymond Goodman, Starkville ; J. A. West, Louisville ; W. C. Tyson, Water Valley ; Arkansas : Sidney Nutt, Hot Springs ; Henry Sanders, Little Rock; Cecil Cupp, Arkadelphia ; J. F. Norman, England ; Emma Cox, Osceola ; M. S. McCord, Little Rock; R. L. McCutchen, Blytheville. _ A resolution was offered byJRuffin urging the clearance board to take its time in drafting a new schedule and avoid rushing into it. Resolu- tions of sympathy for Maurice Kann, editor of Motion Picture Daily, over the loss of his wife were adopted. A gesture of friendship was made toward state organizations in Arkan- sas and Mississippi in resolutions of encouragement. Para. Signs Mary Ellis Hollywood, Oct. 8. — Paramount closed a deal by cable today for the services of Mary Ellis, now appearing in London in "Music in the Air." The American actress-singer will ar- rive on these shores soon. No defi- nite assignment has been decided upon. 5-5 Committee Meets Los Angeles, Oct. 8. — The produ- cers' and writers' five-five committee met tonight to discuss further regula- tions to propose for a standard work- ing code between these two groups. Whitney Basil Ad Head Buffalo, Oct. 8.— T. J. Whitney has been named director of adver- tising and publicity for the Basil Bros, circuit. Oregon Court Asked To Force Picket Ban Salem, Ore., Oct. 8. — The Capitol here has requested the state Supreme Court to enforce its recent decree pro- hibiting picketing in front of the the- atre. The theatre's attorney submitted evidence claiming that picketing of a "disagreeable and nasty sort" has been in progress. He stated that some pickets carried banners and shouted, "This is a scab theatre." The decree of the Supreme Court held that peaceful picketing might be conducted one block from the theatre in each direction. Nine Portland Holdovers Portland, Oct. 8. — During the first 40 weeks of the year, nine films have been held for a second or more weeks. Heading the list in number of weeks run was : "It Happened One Night," "Wonder Bar," "House of Rothschild," "Chained," "Girl of the Limberlost," "Treasure Island," "Viva Villa," "Bull Dog Drummond," and now "Dames" in its fifth week. "Servants" Is Kansas City's Best, $4,800 Kansas City, Oct. 8. — First run grosses were off at local showshops, with two exceptions. "Servants' Entrance," at the Uptown, nabbed $4,800, above par by $1,300. The Tower was in the money with $8,000 for "Million Dollar Ransom" and a stage show. "Belle of the Nineties" sagged in its second stanza of six days at the Newman. Total first run business was $32,300. Average is $34,500. Estimated takings : Week Ending Oct. 3: "BELLE OF THE NINETIES" (Para.) NEWMAN— (91,800), 25c-40c, 6 days, plus Saturday midnight show, 2nd week. Gross: $5,200. (Average, 6 days, $6,000) Week Ending Oct. 4: "AGE OF INNOCENCE" (Radio) MAINSTREET— (3,100), 25c-40c, 7 days, plus Saturday late show. Gross: $5,500. (Average, $7,000) "OUTCAST LADY" (M-G-M) MIDLAND— (4,000), 25c-40c, 7 days, plus Saturday midnight show. Gross: $8,800. Average, $11,000) "MILLION DOLLAR RANSOM" (Univ.) TOWER— (2,200), 25c-35c, 7 days, plus Saturday midnight show. Stage: "ShuffUn' South" revue, with King, King & Arena; Ted & Al Waldman, Lorraine & Digby, Garland Sisters, Lester Harding, Clarence Stroud. Gross: $8,000. (Average, $7,000) Week Ending Oct. 5: "SERVANTS' ENTRANCE" (Fox) UPTOWN— (2,000). 25c-40c, 7 days. Gross: $4,800. (Average, $3,500) Wood Starting Ohio Sales Tax Campaign Cincinnati, Oct. 8. — Following the third regional meeting of the Ohio I. T. O. at Cincinnati to discuss the 10 per cent state admission tax, P. J. Wood, secretary, is inaugurating an intensive canvass among legislators in behalf of the sales tax, which stands a good chance of passage at the No- vember session of the General Assem- bly. Protests against the measure here- tofore have come largely from busi- ness interests in the Cincinnati sec- tor, predicated on the possibility of in- dustrial plants being moved to a Ken- tucky town immediately across the river. However, since the recent en- actment of a sales tax in Kentucky, the likelihood of such an exodus does not exist, and the previous opponents now are in favor of the tax with cer- tain modifications. Parker, Evergreen Merge Portland, Oct. 8. — The Williamette Amusement Co. is the new name of the merged interests in Oregon of J. J. Parker Theatres and the Evergreen Theatre Co. This new company will operate the Music Box after making such repairs as may be necessary. Ricardo Cortez Has Flu Hollywood, Oct. 8. — R i c a r d o Cortez is laid up with a siege of the flu. Warners are proceeding with his picture, "The White Cockatoo," pend- ing his return. Marsh Operated Upon Cleveland, Oct. 8. — W. Ward Marsh, Plain Dealer movie editor, is in a hospital after an emergency ap- pendicitis operation. Completely DEPENDABLE THE dependability of Eastman Super- Sensitive Panchromatic Negative is not based entirely upon its well-known uni- formity. It is the original, inherent quality of the emulsion. ..its constant ability to help producers and cameramen make the most of every picture... that completes its depend- ability... that seals the acceptance which this famous film enjoys. Eastman Kodak Company. (J. E. Brulatour, Inc., Distribu- tors, New York, Chicago, Hollywood.) EASTMAN Super-Sensitive Panchromatic Negative 10 MOTION PICTURE DAILY Tuesday, October 9. 1934 Rogers Leads St. Paul with $6,800 Gross Minneapolis, Oct. 8. — "Judge Priest" was the big noise among the Twin Cities' first runs last week. It went to $6,800, over par by $1,300 in the St. Paul Paramount. "Servants' Entrance" was the only other one to stir up any excitement, and at that it was no box-offke riot. The gross was $6,200 at the State here. This tops normal by $700. Total first run business in Minne- apolis was $22,800. Average is $21,- 000. Total first run business in St. Paul was $18,400. Average is $16,000. Estimated takings : Minneapolis Week Ending Oct. 4: "BULLDOG DRUMMOND STRIKES BACK" (U. A.) CENTURY— (1,000), 25c-40c, 7 days. Gross: $4,300. (Average, $4,000) "FRIENDS OF MR. SWEENEY." (War.) LYRIC— (1,000), 20c-25c, 7 days. Gross: $1,800. (Average, $1,500) Week Ending Oct. 5: "THE RICHEST GIRL IN THE WORLD" (Radio) RKO ORPHEUM— (2,900), 25c-50c, 7 days. Gross: $5,500. (Average. $5,500) "SERVANTS' ENTRANCE" (Fox) STATE — (2,300), 25c-40c, 7 days. Gross: $6,200. (Average, $5,500) "I GIVE MY LOVE" (Univ.) TIME— (300), 25c-35c, 7 days. Gross: $2,500. (Average, $2,500) "THE GHOUL" (Gaumont British) "ALL FOR LOVE" WORLD— (400), 25c-75c, 7 days. Gross: $2,500. (Average, $2,500) St. Paul Week Ending Oct. 4: "JUDGE PRIEST" (Fox) PARAMOUNT— (2,300), 25c-40c, 7 days. Gross: $6,800. (Average, $5,500) "THE WORLD MOVES ON" (Fox) RIVIERA— (1,200), 25c-40c, 7 days. Gross: $3,500. (Average, $3,500) "THEIR BIG MOMENT" (Radio) R.KO ORPHEUM— (2,000), 20c-40c, 7 days. Gross: $4,000. (Average, $4,000) "CHARLEY CHAN IN LONDON" (Fox) TOWER— (1,000), 15c-25c, 7 days. Gross: $1,600. (Average. $1,500) "BLUE DANUBE" WORLD— (300), 25c -75c, 7' days. Gross: $2,500. (Average, $2,000) "Barretts" Pulls $10,200 in Omaha Omaha, Oct. 8. — "Barretts of Wim- pole Street" was an outstanding hit in a week of generally big business here. It went up to $10,200, over par by $2,200 at the Paramount. "The Count of Monte Cristo" and "The Notorious Sophie Lang" were strong at $8,500. Total first run business was $26,550. Average is $22,500. Estimated takings : Week Ending Oct. 3: "DEATH ON THE DIAMOND" (M-G-M) "LOVE TIME" (Fox) WORLD— (2,200), 25c-40c, 7 days. Gross: $3,600. (Average, $3,500) "BARRETTS OF WIMPOLE STREET" (M-G-M) PARAMOUNT— (2,800), 25c-40c, 7 days. Gross: $10,200. (Average, $8,000) Week Ending Oct. 4: "THE AGE OF INNOCENCE" (Radio) "YOUNG AND BEAUTIFUL" (Mascot) BRANDEIS— (1,500), 20c-25c-35c, 7 days. Gross: $4,250. (Average, $3,500) "THE COUNT OF MONTE CRISTO" (U. A.) "THE NOTORIOUS SOPHIE LANG" (Para.) ORPHEUM— (3,000), 25c-40c, 7 days. Gross: $8,500. (Average, $7,500) "Cristo" Hit; Gets 3rd Week In Pittsburgh Pittsburgh, Oct. 8. — The biggest surprise here in years is "The Count of Monte Cristo" at the Fulton. After playing to sensational business in its first week, it maintained almost its first week's pace during the second stanza, getting around $8,000, and it was held for a third week. It's the first picture to stay that long at this house in years. Otherwise, business was just so-so. Both the Stanley and the Pitt, the former with "British Agent" and the latter with the "Dames on Parade" unit and "Unknown Blonde" on the screen, touched par, getting $9,000 and $6,500, respectively. "The Last Gen- tleman" was a disappointment at the Penn, doing barely $11,000, while the Alvin took it on the chin with "Charlie Chan in London," collecting only $3,600. Total grosses in six first runs were $42,800. Average is $42,000. Estimated takings for the week end- ing Oct. 4 : "CHARLIE CHAN IN LONDON" (Fox) ALVIN— (2,000), 25c-40c, 6 days. Gross: $3,600. (Average. $5,000) "COUNT OF MONTE CRISTO" (U. A.) FULTON— (1.750), 15c-40c, 6 days, 2nd week. Gross: $8,000. (Average, $4,500) "THE LAST GENTLEMAN" (U. A.) PENN— (3.300), 25c-50c, 6 days. Gross: $11,000. (Average, $12,000) "UNKNOWN BLONDE" (Majestic) PITT— (1.600), 15c-35c, 6 days. Stage: "Dames on Parade" unit with Maude Hil- ton, Helen Compton's girl band and Flo Mayo. Gross: $6,500. (Average, $6,500) "BRITISH AGENT" (Warners) STANLEY— (3,600). 25c-50c, 6 days. Gross: $9,000. (Average. $9,000) "THE GREAT FLIRTATION" (Para.) "CASE OF THE HOWLING DOG" (Warners) WARNER— (2,000), 25c-40c. 6 days. Gross: $4,700. (Average, $5,000) "Priest" Grosses $6,500, Portland Portland, Oct. 8. — "Judge Priest," at the Paramount accompanied by a double stage band and opening of the big Oregon-Stanford football rally, increased the take to $6,500, or $1,500 over normal. "Barretts of Wimpole Street," at the United Artists, secured $6,000, or $1,000 over par. Daily matinees were discontinued at Hamrick's Oriental, another change in policy and management. Total first run business was $23,- 400. Average is $21,800. Estimated takings for the week end- ing Oct. 5 : "GIFT OF GAB" (Univ.) BROADWAY — (1.912), 25c-35c-40c, 7 days. Gross: $4,900. (Average, $5,000) "DAMES" (Warners) BLUE MOUSE— (668), 25c, 5th week, 7 days. Gross: $1,700. (Average, $1,800) "CASE OF THE HOWLING DOG" (Warners) HAMRTCK'S MUSIC BOX— (2,000), 25c- 35c-40c, 7 days. Gross: $2,800. (Average, $3,000) "THE HUMAN SIDE" (Univ.) "HAT, COAT, GLOVES" (Radio) HAMRICK'S ORIENTAL— (2,040). 25c, 7 days. Gross: $1,500. (Average, $2,000) "JUDGE PRIEST" (Fox) PARAMOUNT — (3,008), 25c-35c-40c, 7 days. Stage show. Gross: $6,500. (Aver- age. $5,000) "BARRETTS OF WIMPOLE STREET" (M-G-M) UNITED ARTISTS— (945), 25c-35c-40c, 7 days. Gross: $6,000. (Average, $6,000) Not Noticed Columbus, Oct. 8. — Just how much attention patrons pay to the sequence of a pic- ture is a question in the mind of a local neighborhood ex- hibitor. A print of "Many Happy Returns," reaching the thea- tre from a West Virginia town a few minutes before starting time, was run im- mediately on arrival, without the customary screening. During the first show, the fifth reel was shown ahead of the fourth. The audience laughed where laughs were intended, and many told the manager how much they had enjoyed the picture as they left the theatre. "Cristo" Up To $8,500 in Seattle; Held Seattle. Oct. 8. — "Count of Monte Cristo" got off to a flying start with a $8,500 gross at the Music Hall. As this is $2,000 over par the picture was held over for an extended run at the Blue Mouse. The competition was too strong for the second week of Mae West. As a result, the Fifth Avenue switched after four days to "Barretts of Wimpole Street." The take on the former was estimated at $3,000, and on the latter at $4,200. Total first run business was $32,100. Average is $31,000. Estimated takings for the wreek end- ing Oct. 6: "THE LAST GENTLEMAN" (U. A.) BLUE MOUSE— (950). 25c-40c-55c, 7 days. (Extended run from Music Hall.) Gross: $3,800. (Average, $4,000) "BELLE OF THE NINETIES" (Para.) FIFTH AVENUE— (2.450), 25c-40c-55c, 4 days, 2nd week. Gross: $3,000. (Average, first week. $7,000) "BARRETTS OF WIMPOLE STREET" (M-G-M) FIFTH AVENUE— (2,450). 25c-40c-55c. 3 days. Gross: $4,200. (Average, week. $7,000) "JANE EYRE" (Monogram) "KING KELLY OF U. S. A." (Mono.) LIBERTY— (1.800), 10c-15c-25c, 7 davs. Gross: $3,100. (Average. $4,000) "DOWN TO THEIR LAST YACHT" (Radio) "HOUSEWIFE" (Warners) MUSIC BOX— (950), 25c-35c-50c, 7 davs. Gross: $3,600. (Average, $3,500) "COUNT OF MONTE CRISTO" (U. A.) MUSIC HALL— (2.275), 25c-40c-55c, 7 days. Gross: $8,500. (Average. $6,500) "CHARLIE CHAN IN LONDON" (Fox) PARAMOUNT— (3,050), 25c-35c, 7 days. Chic Mever's International Revue on stage. Gross: $5,900. (Average, $6,000) Last Dietrich Picture Hollywood, Oct. 8. — Josef Von Sternberg has announced that "Caprice Espagnole," on which he is now work- ins', will be the last film in which he will direct Marlene Dietrich. Von Sternberg has directed Miss Dietrich in all of her pictures except one since he discovered her on the Berlin stage. Adolph Fried Back Here Adolph Fried of Film Sales Co., Ltd., is in New York from London for the second time in the last sev- eral months. "Priest" and Show Lead in Philadelphia Philadelphia, Oct. 8. — "Judge Priest," plus the first "concert" idea on the Fox stage was Philadelphia's big noise, gleaning a robust $26,000. The program was held for a second week, with a third in prospect. The other stage show house, the Earle, took a neat $16,500 with "Mil- lion Dollar Ransom" and Blanche Calloway on stage. Nothing sensational in "Caravan's" $8,500 reopening figure for the Locust, though the business indicated a profit. Not so much the strength of "The Fountain," which got $10,000 at the Boyd, as its suitability as a class picture led it to be put into the Karl- ton for second run downtown, launch- ing the latter theatre as a second run house again. Total first run business was $87,700. Average is $73,900. Estimated takings for the week end- ing Oct. 4: "COUNT OF MONTE CRISTO" (U. A.) ALDINE— (1.200), 40c-55c-65c, 6 days, 3rd week. Gross: $8,500. (Average, $7,000) "GIRL FROM MISSOURI" (M-G-M) ARCADIA~-(600), 25c-40c-50c, 2nd run. Gross: $2,400. (Average. $2,400) "THE FOUNTAIN" (Radio) BOYD— (2.400), 40c-55c-65c, 6 days. Gross: $10,000. (Average, $12,000) "MILLION DOLLAR RANSOM" (Univ.) EARLE— (2.000). 40c-55c-65c, 6 days. Stage: Blanche Calloway and Orchestra. Gross: $16,500. (Average, $12,000) "JUDGE PRIEST" (Fox) FOX— (3,000), 35c-40c-65c, 6 days. Con- cert on stage with augmented orchestra, Yasha Bunchuk, Viola Philo. Jan Peerce. Douglas Stansbury and Adelaide de Loca. Gross: $26,000. (Average, $12,000) "HAVE A HEART" (M-G-M) KARLTOX— (1.000), 30c-40c-50c, 6 days. Gross: $2,400. (Average, $3,500) "CARAVAN" (Fox) LOCUST— (1,300), 55c-$1.10, 6 days. Gross: $8,500. (Average. $7,000) "BELLE OF THE NINETIES" (Para.) STANLEY— (3.700). 40c-55c-65c, 6 days, 2nd week. Gross: $8,000. (Average, $12,000) "GIFT OF GAB" (Univ.) STANTON— (1.700), 30c-40c-55c, 6 days. Gross: $5,400. (Average, $6,000) "Ransom" and Show $2,700, Oklahoma Oklahoma City, Oct. 8. — "Million Dollar Ransom," helped by a stage show called "Showboat Follies," stirred up plenty of excitement here- abouts for four days last week by running up a $2,700 gross at the Liberty. This is $700 better than a week's normal take. "Pursued," which played the other three days, was pretty weak at $500. As a result of the competition, other first runs fared badly. Total first run business was $12,300. Average is $13,500. Estimated takings for the week end- ing Oct. 6 : "COUNT OF MONTE CRISTO" (U.A.) CRITERION— (1.700). 10c-20c-36c-41c-56c, 7 days. Gross: $4,000. (Average, $5,000) "A LOST LADY" (F.N.) MIDWEST — (1.500), 10c-26c-36c-56c, 7 days. Gross: $3,000. (Average, $4,000) "CHARLIE CHAN IN LONDON" (Fox) CAPITOL— (1.200), 10c-20c-26c-36c-41c, 7 days. Gross: $2,100. (Average. $2,500) "MILLION DOLLAR RANSOM" (Univ.) LIBERTY— (1,500). 10c-15c-26c-36c, (Show- boat Follies on stage, 4 days. Gross: $2,700. Average week. $2,000) "PURSUED" (Fox) LIBERTY — (1,500), 10c-15c-26c-36c, 3 days. Gross: $500. (Average week, $2,000) The Leading Daih Motioi Picture Industry MOTION PICTURE DAILY Alert, Intelligent $na Faithful Service 'icr the Industry in All Branches VOL. 36. NO. 85 NEW YORK, WEDNESDAY, OCTOBER 10, 1934 TEN CENTS Columbia Net Outlook Same As Last Year Stockholders Get Word; Cohn Pacts Approved Columbia's earnings for the three- month period ending Sept. 30 will equal the last year's record for the >arae period when the net was $1.36 per share, stockholders were told at the annual meeting yesterday. Details could not be given out defi- nitely, it was stated, because the audit has not been completed. As was expected, contracts for the -ervices of Harry Cohn as president and Jack Cohn as vice-president were ratified for a period of three years dating from July 1, 1934. The fol- lowing directors were re-elected : (Continued on page 23) New Principle Set In Plagiarism Suit Dismissal by the U. S. Supreme Court of an appeal to review a deci- sion of the lower court in the case of Wiren vs. Shubert, involving alleged plagiarism in "Death Takes a Holi- day," firmly establishes the fact that the court may itself, unaided by ex- perts, compare conflicting works and dispose of cases of that nature with- out trial, Louis Phillips, Paramount attorney, stated yesterday. The suit was filed some time ago (Continued on page 23) Tennessee Theatres Take in $2,777,000 Washington, Oct. 9. — Receipts of 124 film and vaudefilm theatres in Tennessee last year totaled $2,777,000. and the houses had an aggregate pay- roll of $613,000, according to the Cen- sus Bureau. Ten theatres in Nashville had re- ceipts of $576,000 en a payroll of $143,000, the bureau reported ; while nine in Chattanooga had a take of $199,000 on a payroll of $57,000; four in Knoxville took in $96,000 and had a payroll of $25,000, and 19 in Mem- phis took in $813,000 and had a pay- roll of $173,000. Court Orders Study Of Sales in Phila. Philadelphia, Oct. 9.— The Or- phans' Court of Philadelphia and Del- aware County today appointed masters (Continued on page 23) Loew's Expects to Net Over Per Share for This Year Loew's will net a trifle more than $4 per share on the out- standing 1,464,205 shares of common stock for the fiscal year ended Sept. 1, a high official of the company told Motion Picture Daily yesterday. Annual report of Loew's will be ready in another month, it was stated. The net is after depreciations and taxes as well as settle- ment of the recent libel suit on "Rasputin and the Empress," for which $125,000 was paid by the company. It also includes profits from international subsidiaries. Loew's yesterday closed at 28% on the stock exchange with 4,900 shares traded in on the day for a loss of !4 point per share. Fox Moves in Patent Fight Now Awaited What William Fox's next move will be in the battle he has been wag- ing against the big electrics since his retirement was a question that stirred the industry yesterday. With the fight for recognition of the validity of his Tri-Ergon patents on double printing and reproducer flywheels won, his next move, it was predicted, will be to settle the question of infringement through suits for injunctions and ac- countings. Possibility of an out-of-court set- tlement is regarded as remote by those (Continued on page 23) Lubitsch to Make Two for Toeplitz Ernst Lubitsch's deal with Toeplitz Prod, in England is for two pictures and contracts are on the way over from London for signing, the director stated yesterday. Lubitsch said he has two more to make for Paramount, which will take (Continued on page 23) Plan to End 3 N. If. Advisory Boards Talked A move is on foot to abandon the three advisory boards to the New York clearance and zoning board. Code members hold that the work of the advisory committees is a waste of time since the main board hears the same evidence and arguments. One instance pointed to as an ex- ample is the case of the Maplewood, Maplewood, N. J., against New Jer- sey exchanges and Warner theatres. Ar. advisory committee spent four and one-half hours on Oct. 1 hearing evi- dence and the meeting was adjourned (Continued on page 26) Code Assent Limit Change Approved Washington, Oct. 9. — Amendment of the film code to eliminate the pro- vision requiring adherence within 45 days after its adoption or after the entry of an individual or company into the business, was approved today by the XRA. This leaves assents onen (Continued on page 26) Para. Directorate Will Include Various Groups Paramount Publix bondholders, stockholders, bank and trade creditors will have representation on the new board of directors of reorganized Para- mount, despite the fact that indica- tions point to one of the smallest boards numerically in the history of the company, it was learned yesterday. Names discussed in reorganization circles for places on the new direc- torate include those of Frank A. Van- derlip and Dr. Julius Klein, as rep- resentatives of Paramount Publix and Paramount Famous Lasky bondhold- ers ; Alvin J. Schlosser as representa- tive of Paramount Broadway bond- holders; Percy Johnston, president of (Continued on page 26) Report a New Fox Met Bid, $4,500,000 Hay den Stone Said to Have Made Offer A new bid of $4,500,000 for the as- sets of Fox Metropolitan Playhouses was reported yesterday in well in- formed circles to have been made to the Fox Met bondholders' commit- tee by Hayden Stone & Co., repre- senting undisclosed interests. The known association of Skouras Bros, with John Dillon of the Hay- den Stone office immediately gave rise to reports, however, that the in- vestment house was acting for Skouras in making the reported bid. Included as part of the bid, it is said, is an offer to place $600,000 cash in escrow immediately as an evidence of good faith. This amount would revert to the bidder if a purchase of (Continued on page 23) Fox Theatres Case Decision Reserved Decision was reserved yesterday by Federal Judge Martin Manton on the validity of the claims of creditors who are petitioning for a reorganization of Fox Theatres under Section 77-B of the Bankruptcy Laws after the petition had been attacked on the grounds of bad faith. Archibald Palmer, counsel for a group of bondholders of Fox Metro- politan Playhouses, all of the com- mon stock of which is owned by Fox Theatres, charged bad faith in (Continued on page 23) Radio Trading Stirs Interest in Street For reasons not readily apparent to Wall Street traders, considerable ac- tivity in Radio Corp. issues has per- sisted over a period of several weeks past and is now leading to widespread speculation in the street as to whether or not the unusual activity in these stocks is not due to a revival of interest in the issues by the operator (Continued on page 23) British Lion Head Seeks Indie Films Sam Smith, managing director of British Lion, is negotiating with a number of independent companies for 26 pictures which his company will distribute in England. He also has (Continued on page 23) MOTION PICTURE DAILY Wednesday, October 10, 1934 MOTION PICTURE DAILY (Registered U. S. Patent Office) Vol. 36 October 10, 1934 No. 85 Martin Quigley Editor-in-Chief and Publisher MAURICE KANN Editor JAMES A. CRON Advertising Manager Published daily except Sunday and holi- days by Motion Picture Daily Inc., sub- irLrv of Ouigley Publications, Inc., Martin QuigleV President; Colvin Brown, Vice-President and Treasurer. V Publication Office 1790 Broadway New York. Telephone Circle 7-3100. Cable ad dress "Ouigpubco, New York. All con- tents copyrighted 1934 by Motion Picture PICTURE ALMANAC and THE CHI- CAGOAN. „ , tt • t *r„ Hollywood Bureau : Postal Union Life Building. Vine and Yucca Streets, Ptctor M Shapiro, Manager; Chicago Bureau; 407 South Dearborn Street, Edwin S. Clif- ford, Manager; London Bureau: Kemo House, 310 Regent St., London, W. 1, Bruce Allan, Representative. Cable address. "Ouigpubco, London"; Berlin Bureau: Berlin-Tempelhof, Kaiserin-Augustastrasse 28 Joachim K. Rutenberg, Representative; Paris Bureau: 19, Rue de la Cour-des- Noues, Pierre Autre, Representative; Rome Bureau: Viale Gorizia, Vittorio Malpassutt, Representative; Sydney Bureau: 102 Sus- sex Street, Cliff Holt, Representative; Mex- ico City Bureau: Apartado 269, James Lockhart, Representative; Glasgow Bureau: 86 Dundrennan Road, G. Holmes, ; Repre- sentative; Budapest Bureau 3, Kaplar-u, Budapest, II, Endre Hevesi, Representa- tive; Moscow Bureau: Civtzev Vrazhek, IN. 25, Apart. 146, Moscow, U. S. S. R., Bella Kashin, Representative. Cable address: Samrod, Moscow. Entered as second class matter, January 4 1926, at the Post Office at New \ork City, N. Y., under Act of March 3, 1879. Subscription rates per year; $6 in the Americas, except Canada $15 and foreign $12. Single copies: 10 cents. Schreiber Suit to Be Heard by Master Detroit, Oct. 9. — After five days of trial, the suit of Jacob Schreiber, owner of four theatres on Woodward Ave., against Louis and Ben Cohen of Cooperative Booking and all dis- tributors but M-G-M will go before Special Master William Sayers of the U S. District Court here next Tues- day. Schreiber contends that preferential treatment given to Cooperative by defending distributors is a restraint of trade. Edward Raftery of O'Brien, Dris- coll and Raftery, New York attor- neys, arrives here Tuesday to defend distributors in association with Rock- well Gust, local attorney. William Henry Gallagher is counsel for Schreiber. Edward Raftery leaves for Cleve- land Sunday and on Monday will leave that city for Detroit. Raftery stated yesterday he had been retained by distributors to defend the case in conjunction with Rockwell Gust of Detroit. Local Product Deal Agreement Delayed Prior to signing of contracts yester- day settling the local product con- troversy between Loew's, RKO, Skouras, Randforce and Springer & Cocalis, a last minute hitch, said to be a disagreement over the language in the pacts, held up the deal. The differences are said to be minor and will be cleared within the next day or so. M. P. Council Meeting The Westchester County M. P. Council opened the fall season with a special meeting yesterday at the Woman's Club in Portchester. Leon J. Bamberger, in charge of sales pro- motion at RKO, and William Mi- chaelson, manager of the RKO Em- bassy in Portchester, were among the speakers. Warners Lining Up "Happiness" Drive Warners are lining up an extensive national exploitation campaign to help exhibitors in selling "Happiness Ahead," which has its New York showing at the Strand tonight. Song numbers from the film will be featured in two important radio programs. One is a Rudy Vallee broadcast emanating tomorrow night from the Warner studio on the coast. Another is the "Hollywood Hotel" hour Friday night featuring Dick Powell, who appears in the picture. Both programs will go out on a coast- to-coast hookup. Exhibitors will also profit through the designation of a "Happiness Week" coincidentally with the release of the picture over the country. Pledge cards urging patrons to do some deed that will spread happiness will be supplied to exhibitors for distribu- tion to their audiences during this period. Thirty-seven Seek To Join M. P. Club Thirty-seven applications for mem- bership in the Motion Picture Club are up in committee for disposal. The membership committee whose task it is to vote favorably or otherwise in- cludes Harry D. Buckley, Gabriel L. Hess, Austin C. Keough, Louis Nizer, Lee A. Ochs, Martin Quigley, Phil Reisman and James Ryan. The applicants are: John M. Benas, Harry H. Buxbaum, J. O'Byrne DeWitt, Nathan Dobson, Thomas P. Drew, Dave and Max Fleischer. Al Friedlander. Samuel R. Gerstein, Lou Gold- berg. J. R. Grainger, L. F. Guimond. Herbert Jaediker, Henry W. Kahn. Erwin S. Kleeblatt, Jacques Kopfstein. Alfred S. and Sherman S. Krellberg, Ed Kuykendall, Joseph T. Lee. Michael J. Merkin. Anthony Muto, Creed A. Neeper, George Nitze, Isroy Norr. Charles J. Oppenheim. Isidore S. Perse. Sidnev I. Prager. Frederick C. Quimby. Dr. Martin L. Reiffel. William F. Rodgers. Bernard Sholtz, Jack H. Skirball. William Small. Walter Trumbull. Albert Warner and George Weltner. Loew's Boston Dividend Loew's Boston Theatres, Inc., have declared a regular quarterly dividend of 15 cents, payable Nov. 1 to stock- holders of record of Oct. 22. Weeks Adds Several To G-B Sales Staff George W. Weeks, general sales manager of Gaumont British, yester- day appointed Joe Kaliski, formerly of Fox and M-G-M, sales manager in Washington, D. C. Mark Goldman, formerly of Fox, was also appointed sales manager in Pittsburgh and Harry Skirball was named head of the exchange in Cleve- land. Abe Fischer, who has been asso- ciated with Gaumont British for some time, was appointed home office repre- sentative for Chicago. Milwaukee. Minneapolis, Indianapolis, St. Louis and Kansas City. A sales manager of the Chicago office will be named this week. Lucchese Lunch Guest Philadelphia, Oct. 9. — Over 200 exhibitors and exchange men turned out to greet Tony Lucchese. Gold Medal exchange manager, who re- turned to Vine Street after a year of illness. The affair was celebrated bv an Italian luncheon at Palumbo's Cafe in South Philadelphia. Hold "Peck" at Roxy "Peck's Bad Boy" is being held a second week at the Roxy and is like- lv to go a third. < Purely Personal ► David Bernstein, Albert Warner, Elmer C. Rhoden, Harris P. WOLFBERG, HERSCHEL STUART, Ed Olmstead, Jules Levy, Ed McEvoy, Dr. A. H. Giannini, Felix F. Feist, Tom Conners, E. M. Saunders, E. A. Alperson, Robert Wolf, Louis Phillips, Eugene Zukor, Harold Rodner, Lou Metzger, Laurence Bolognino, Si Seadler, Mort Spring. David Loew, E. C. Grainger, Gus Edwards, David Weinstock, Jack Trop, J. H. Hofkberg and Harry Shiffman were among M. P. Club lunchers yesterday. I. E. Chadwick, proving he's still in town; Harry Thomas, Morris Kinzler, Martin Dickstein, Jim Mulvey, Joe Pollak, Dick Brady and Lynn Farnol were among those lunching at the Tavern yesterday. John Cromwell and wife, Kay Johnson, returning from a three months' trip abroad, arrive today on the Majestic, which was delayed a day. Walter Eberhardt casting long- ing eyes toward Nassau, scene of last year's vacation place and in top spot for this year's selection as well. Andre Horney arrives from Paris on the Statendam Saturday bound for the M-G-M studios where he will write lyrics. John Myers, publicity director for London Films, sails today for Eng- land. Marcus Griffin now has an eight- pound son born at the Midtown Hos- pital. Claire Trevor arrives in town to- day for a brief vacation from the Fox studio. Clemence Dane arrives on the Majestic today instead of yesterday. Edward Schnitzer of Columbia was down with a cold yesterday. Eddie Cantor is now figuring on sailing for London Dec. 1. Jules Levy is planning a trip to the west shortly. Kay Francis arrives today on the Rex. Paramount Drops Half on Big Board Columbia Pictures, vtc. ...... Consolidated Film Industries. Depinet to Coast Today Ned E. Depinet leaves for the coast by plane today for conferences with studio executives on RKO Radio pro- ductions planned and now in work. His visit may be extended several weeks. Flint Duals End Nov. 1 Flint, Oct. 9. — Double features will end here Nov. 1. Both indie houses and circuit theatres have agreed on a plan to do away with the duals. Fox Film "A' Loew's, Inc. RKO Net High Low Close Change Sales 36% 3656 3656 1,300 354 356 354 300 1344 1344 1344 - 46 100 10054 9944 9944 - 54 200 14054 14056 14054 — % 1.00" 1144 1144 1144 - 54 300 29 2854 2844 - 54 4.900 454 VA 45* - 54 17,000 154 156 156 . .800 1244 1254 125$ - 54 500 244 254 254 - 54 500 4% 4% 4S6 - 54 4.000 Technicolor Off Half on Curb Technicolor Net High Low Close Chajige . 12 12 12 — 54 Salps 100 Paramount Publix Bonds Off Two Loew's 6s '41, ww deb rights.. Paramount Broadway 554s '51 . Paramount F. L. 6s '47 Paramount Publix 554s '50 Pa the 7s '37, ww Warner Bros. 6s '39, wd. Net High Low Close Change Sales 10254 102 10254 + U 7 41 40 40 --244 60 . 5854 5854 5854 -154 7 . 60 58 58 2 13 98 9854 + % 2 31 31 31 1 . 6054 59 59 —1 15 Gets Contract Report Hollywood, Oct. 9. — The complete report of the administration of the Academy standard minimum contract for artists for the year ended Oct. 1 was presented to the Academy's board of governors tonight. Benjamin Glazer Coming Hollywood, Oct. 9. — Benjamin Gla- zer was on his way to New York by plane tonight to seek story material for forthcoming Paramount produc- tions. Arliss Opens Oct. 17 George Arliss' second starring ve- hicle for 20th Century. "The Last Gentleman." opens at the Rivoli The- atre next— W-ednesday, Oct. 17th. United Artists is releasing. Grainger to Pittsburgh ' E. C. Grainger, eastern division manager for Fox, leaves for Pitts- burgh, Philadelphia and Washington on Saturday. aumont ens For British Business This is a statement from exhibitors to exhibitors. We operate 350 theatres in London and the British Isles. De luxe, suburban, neighborhoods. f We don't ask where pictures are made. All we ask is: "Are they good entertainment?" And that's all our patrons ask. We believe you and your patrons feel the same way. € We are also producers. We will bring you 16 productions every year. We know — and you know — that new personalities, new faces, new stories and new treatments, are what you want. And that's what we'll give you. Mr. Sidney R. Kent, President of Fox Films Corp., after screening our product, invited us to release in the U. S., through Fox. We consider this a compliment. And a responsibility. Mr. Kent's standards are high. We will measure up to them. f Our sales offices in the U. S. will be in the Fox Exchanges. The branches will handle prints and accessories. Our own sales force will shortly contact you from your Fox Exchange. Regal Films, Ltd., will continue to serve Canada. *H Our policy is simple. Screen our pictures. Look before you book. Our first [8] are presented herewith. They tell our story in one word — Box-office. MARK OSTRER Chairman of the Board JEFFREY BERNERD General Manager GAUmOm* BRITISH PRODUCTIOriS 16 0 0 BROADWAY • NEW YORK CITY U.S. DISTRIBUTION-FOX EXCHANGES • IN CANADA, REGAL FILMS, Ltd. ROXY BOOKS CHU CHIN CHOW cmJ NINE MORE / T POWER ^W'three more/ Based on the celebrated novel by LION FEUCHTWANGER Directed by LOTHAR MENDES t/i£#n£AidouA new jWiJum&iitif' CoWiad\ rEIDT BEN ITA HUME GERALD duMAURIER FRANK VOSPER CEDRIC HARDWICKE RADIO CITY MUSIC HALL ENTHRALLING ROMANCE OF THE SLAVE GIRL WHOSE BEAUTY EN- SLAVED HER MASTERS. WRECKED ROXY RECORDS! TWO BIGGEST WEEKS IN LAST SEVEN YEARS! CHU CHIN CtiOW AUTHOR: OSCAR. ASCUE DIRECTED btf WALTER FORDE MUSIC BY FREDRICK NORTON MUSICAL DIRECTOR: LOUIS LEVY Wl ANNA MAY WONG GEORGE ROBEY FRITZ KORTNER Directed by C TO R S AV I L L E Authors EDWARD KNOBLOCK and BEVERLY NICHOLS with FRITZ KORTNER CONCHITA SUPERVIA EMLYN WILLIAMS CARL ESMOND ALICE DELYSIA THEY WERE LOVERS— ONLY YESTERDAY— BUT HE COULDN'T REMEMBER— AND SHE COULDN'T FORGET. HRLISS IRON DUKE ## with ELLALINE TERRISl GLADYS COOPE] A. E. MATTHEW! ALLAN AYNESWORTF THE MOST SENSATIONAL DISCOVERY IN YEARS! essie Matthew i n vergree SHE CAN SING! SHE CAN DANCE! SHE CAN ACT! SHE CAN LOOK! SHE CAN CHARM! Princess Personality Herself! Youth, beauty and a Million Dollars worth of Magnetism! This is not a prediction— this is a promise. Jessie Matthews will be one of the Biggest Box- Office Bets in America within the next 6 months. Based an the stage play by BENN W. LEVY Directed by VICTOR SAVILLE Lyrics and Music by HARRY M. WOODS RICHARD RODGERS and LORENZ HART / JESSIE MATTHEWS Princess Personality Herself rr Jack's Sensational Song Success— "MY HAT'i ON THE SIDE OF MY HEAD," will be Sung Whistled and Played, on the Air and Every where: on Release. Dne of the Greatest dis- zoveries. One of the most deeply moving perform- ances. One of the most Sincere stories in years. WOMEN WON'T CRY-THEY'LL SOB -AND LOVE IT! A NEW PERSONALITY Nov/i ? i I b tJi m in Little Friend with MATHESON LANG • LYDIA SHERWOOD D / reefed by BERTHOLD VIERTEL OPENING OCT. 18 TWICE DAILY (ZxjrnJuTLC^l CRITERION THEATRE Vl A N 4 A ^ A N DIRECTED BY ROBERT FLAHERTY PRODUCER OF'NANOOK OF THE NORTH* ■ r ON THE WAY JUST AS GREAT. . . AS THE FIRST EIGHT GfllimonT BRITISH PRODUCTIOnS 16 0 0 BROADWAY • NEW YORK CITY U.S. DISTRIBUTION-FOX EXCHANGES • IN CANADA, REGAL FILMS, Ltd. Wednesday, October 10, 1934 MOTION PICTURE DAILY 23 Report a New Fox Met Bid, $4,500,000 {Continued from page 1) the Fox Met assets could not be con- summated, it is understood, but would stand as an initial cash payment in the event a deal were closed. In what form the $3,900,000 balance would be paid could not be learned yesterday. Sources close to the Fox Met sit- uation are of the opinion that Hay- den Stone is bidding for Skouras Theatres with Randforce possibly in- cluded in the proposal, either on a participating basis or on an agree- ment to continue operations by con- tract with Skouras. Randforce repre- sentation in such a deal is regarded as essential inasmuch as the Fox Film franchise is held jointly by the two operators of Fox Met. Attorneys for Skouras denied yes- terday that their company was be- hind the Hayden Stone bid. George Skouras could not be reached for comment. Fox Theatres Case Decision Reserved (.Continued from page 1) the filing of the petition, alleging that it is merely an attempt to real ize on Fox Met assets. Palmer, likewise, attacked the validity of the claims of Miriam Rogers of Bos- ton, a sister of A. C. Blumenthal, in the amount of $350,000; the claim of Louis B. Seidman, a broker, for $35,000 and that of a typewriter con- cern for $29. The Bankruptcy Laws require that a petition for reorgani- zation be filed by at least three credi- tors and Palmer attempted to dis- qualify the claims of one or more of the petitioners. Mrs. Rogers' claim is alleged to have been assigned to her by Blu menthal, who, Palmer stated, filed it on the basis of a commission al- leged to be due him for the acquisi- tion of a theatre site in Boston for Fox in 1931. Judge Manton adjourned the hear- ing to Oct. 18. Fox Midwest Setup To Await FWC Move Reorganization of Fox Midwest will not take place until F. W. C. is reorganized, Elmer Rhoden, head of the midwest circuit, stated yesterday. He said he expected the coast or- ganization to be rehabilitated within the next month or so, but could give no approximate date for his group of theatres. Rhoden is in New York conferring with F. W. C. executives on product buys for this season. He expects to be here three weeks. W infield Sheehan Leaves Winfield Sheehan, in charge of pro- duction at the Fox studios, left for Hollywood by train yesterday to re sume his duties at the studios. Shee- han recently arrived here from abroad. Fox Moves in Patent Fight Now Awaited {Continued from page 1) who know Fox's attitude. He has never been prone to compromise, they say, and he has indicated before a U. S. Senate investigating committee and in the book "Upton Sinclair Pre- sents William Fox" that he feels strongly his retirement was forced. Daniel G. Rosenblatt of Hirsh, Newman, Reass & Becker, who has been handling the litigation for Fox, said yesterday his next move probably would be outlined in a few days. Erpi remained silent, indicating a statement would be forthcoming later in the week. All attorneys connected with RCA Photophone and RCA said no statement would be made at present. Otto Koeger of Hughes, Schurman & Dwight, who has been handling the involved litigation between Fox Film and Fox in which the Tri-Ergon pat- ents figure, could not be reached. One attorney, who did not wish to be quoted, said there was prospect of another year or more of litigation be- fore a settlement can be reached. The courts, he said, must decide whether there has been infringement and how much. Lubitsch to Make Two for Toeplitz (Continued from page 1) another year. After the Paramount contract expires, Lubitsch will go to London, make one of the duo for Toeplitz, return here and make a picture and then go back to London to complete the deal. He said he did not know for whom he would make a picture after the first Toeplitz film and no negotiations are under way at this time. Here for a three-week vacation fol- lowing completion of "The Merry Wi- dow," Lubitsch stated he will never give up the idea of continuing to make pictures in Hollywood. He said he loves the coast and the industry. "The Merry Widow" has been made in four versions, one English version for American audiences and another for British consumption, one for Bel- gium and the last for France. He said Maurice Chevalier and Jeanette MacDonald appear in all four. Lubitsch holds that there is a defi- nite trend toward operas and many new pictures will have operatic se- quences. He says : "I've been hearing so much about operatic pictures that in my dreams I can see gangster pictures being made with opera sequences. Since 'One Night of Love' there is a terrific vogue for this type of picture." Coincidence It's purely a coincidence, insists Si Seadler of M-G-M, that the Cardinals yesterday won the World Series and in "Death on the Diamond" the St. Louis team is shown win- ning the pennant in a series game. New Principle Set In Plagiarism Suit {Continued from page 1) by Myra Page Wiren against Shu- bert Theatre Corp. and Paramount Publix, the complainant contending that her allegorical poem "Most" was plagiarized by "Death Takes a Holi- day." Representing Paramount, Phillips in the U. S. District Court of New York, southern district, moved for a dis- missal without trial on the ground that a comparison of the poem and the picture showed they were not similar and therefore there was no need of a trial. Judge Henry God- dard dismissed the complaint and this was appealed to the Circuit Court of Appeals where the dismissal was unanimously affirmed. The poetess then applied for a writ of certiorari to the Supreme Court and the petition was denied. Santell Quits in London London, Oct. 9 (By Cable).— Al- fred Santell is out as director of the "Dictator" for Ludovico Toeplitz, who says that in view of the fact his su- pervisory policy is not consistent with Santell's methods he acceded to the director's request that he be permit- ted to resign. The situation is similar to the recent resignation of Rowland Brown from London Films. Court Orders Study Of Sales in Phila. (Continued from page 1) to consider the advisability of the sale of the four theatre properties of the William Freihofer and Fred Nixon- Nirdlinger estates. The buyer named is L. M. Maeder, employe of Albert M. Greenfield. The houses were reported last week to have been bought by H. M. War- ner, but this was denied. The court action indicates that the sale will go through, but the papers do not dis- close the real purchasers. Hearings will begin as soon as possible. Lederer Incorporates Francis Lederer has filed incorpora- tion papers through his New York attorney. He plans to open a Broad- way revue in November, in which he will appear. Rehearsals will be held in Hollvwood. "U" Signs Eugene Walter Eugene Walter, author of numerous Broadway stage shows, has been signed by Carl Laemmle, Jr., to do the screen adaptation of "Magnificent Obsession." Walter leaves for Uni- versal City shortly. Wolf berg Goes to K. C. Harris P. Wolfberg, midwest dis- trict manager for M-G-M, left for St. Louis yesterday after a week here conferring with Felix Feist. From St. Louis he will go to Kansas City, his headquarters. Harry Sachs to Dallas Cleveland, Oct. 9. — Harry Sachs, feature booker for the Warner theatre department, has resigned to become booker for the Publix circuit with headquarters in Dallas. Columbia Net Outlook Same As Last Year {Continued from page 1) Harry Cohn, Jack Cohn, Leo M. Blancke, Nathan Burkan, Abe Schnei- der, Sol Bornstein and Jack Kerner. Dr. A. H. Giannini, recently elected a voting trustee in place of Joe Brandt, resigned, praised the progress of the company and its earnings show- ings during the depression period. He said that about 15 years ago he gave the Cohn brothers their first loan. Harry Cohn was not present. Radio Trading Stirs Interest in Street (Continued from page 1) identified with their sensational rise of 1929. Reports are freely circulated in the financial district that this is so and, despite the improved earnings posi- tion reported by RCA for the first six months, and other considerations which might explain the current ac- tivity, the street persists in its belief that none of these as readily explains the stock movements as the report that the original sponsor of this bull market favorite is again in the field. Though no spectacular gains have been made in the Radio shares of late, the daily turnover for the past several weeks has averaged from 15,- 000 to 20,000 shares. British Lion Head Seeks Indie Films (Continued from page 1) a deal on for an American distributor to handle some British Lion product. Smith leaves tomorrow for Toronto to confer with N. L. Nathanson of Regal Films in Canada and returns Monday by which time he expects to be set on his two deals. Paramount may take some of the British films for this market, it is understood. The British Lion executive sails on Oct. 19 aboard the Aquitania, which will have among its passengers Mark Ostrer, Jeffrey Bernerd and Michael Balcon of Gaumont British. Midwest Picking Up, W. F. Rodgers Finds Business conditions in the midwest are much better than they were six month's ago, William F. Rodgers, M-G-M eastern division manager, stated yesterday following his return from Cleveland and Pittsburgh. "There is no question that things are decidedly better," he said. Rodg- ers expects to leave for Pittsburgh over the week-end on another short trip. Resume Revival Series Another series of revivals is to be put on by the Film & Photo League, 12 East 17th St. Features to be shown will be : "The Last Moment," "Shattered," "Metropolis," "Old and New," "Comrades of 1918," "Beggar on Horseback," "Ten Days That Shook the World" and "Storm Over Asia." *BCSe Of ^ - will laugh and cry together If you've seen it . . . you know how tears of sym- pathy and gladness well into your eyes ... as a jealous aunt and her snooty son make life a hell for this motherless lad . . . and almost turn his father against him. Jackie Cooper in PECK'S BAD BOY THOMAS JACKIE 0. P. H MEIGHAN S E fi^ R L E G G I E DOROTHY PETERSON A Sol Lesser Production Directed by Edward F. Cline Screen play by Bernard Schubert and Marguerite Roberts 0s 26 MOTION PICTURE DAILY Wednesday, October 10, 1934 Para. Directorate Will Include Various Groups Plan to End 3 N. Y. Advisory Boards Talked (Continued from page 1) to Oct. 8, when again representatives for both sides consumed three hours to complete the testimony. Because two other cases were on the calendar for the same day, the board postponed the executive session to Oct. 15, when a recommendation for a decision will be made. On Oct. 18, the main board meets and again the litigants will be present to submit additional testimony and summation. That so much time should be spent on one case is regarded by some code members as ridiculous. Under a pro- posed plan, the New York, New Jer- sey and Long Island advisory boards would be eliminated and litigants will be allotted 15 minutes to present their sides of the case before the main board. It is understood a recommendation along these lines will be made to Campi either at tomorrow's session or the meeting following. Roosevelt, Beacon, Complaint Quashed Complaint of the Roosevelt, Beacon, N. Y., against the Beacon, same city, and Paramount on an alleged breach of contract was dismissed yesterday by the New York grievance board. The owner of the Roosevelt previous- ly operated the Apollo, which since has been closed, and with the consent of Paramount had a number of pic- tures transferred to the new house. After the Roosevelt opened, Para- mount sold four pictures to the Bea- con, to which the Roosevelt claimed it was entitled under the Apollo con- tract. Louis Nizer, representing the distributor, contended the Apollo agreement was not entirely trans- ferred. When Dave Weinstock of the Rial- to, Newark, declared he would not advertise prematurely again and that the issue at stake was an oversight on the part of the manager, Warners withdrew a complaint filed on behalf of the Goodwin, same city. The Llewellyn, West Orange, com- plaint against Moe Rosenberg and Weinstock for interfering with pos- session of the house by negotiating for the theatre, was certified to Campi after the board dismissed Weinstock as a co-defendant. Weinstock said he was not interested in the theatre. Code Assent Limit Change Is Approved (Continued from page 1) indefinitely for newcomers in the in- dustry. The time limit for assents has been a subject for criticism ever since the code was adopted and the oeriod had been extended to give all interests an opportunity for a full study of the agreement before making a decision. It has since been represented that members of the industry who did not come under the code within the orig- inal time limit now would be willing to accept it, and elimination of the assent limitation was recommended by Campi. (Continued f the Chemical Bank & Trust Co., rep- resenting the bank group and, possi- bly, Sir William Wiseman of Kuhn, Loeb & Co., a veteran of earlier Para- mount boards, and Maurice Newton of Hallgarten & Co., representing stockholders. From the company itself the fol- lowing appear to be slated for posts on the directorate : Adolph Zukor, George Schaefer, S. A. Lynch, Austin Keough and either N. L. Nathanson or Emanuel Cohen. It is expected that the complete board will not ex- ceed 12 members, as compared with earlier Paramount boards of 18 mem- bers. According to current reports, a schism has arisen in Paramount re- organization circles between the stock- holders' protective committee headed by Duncan A. Holmes and other re- organization factors over the amount of representation on the new board "The Return of Chandu" (Sol Lesser-Principal) Hollywood, Oct. 9. — "The Return of Chandu" is 12 episodes of thrills and mystery. It will keep the young- sters on the edge of their seats. Al- though there have been tentative plans to release the film as a feature, it cuts up into a much better serial with promise of a good reception at neigh- borhood box-offices. The story features Bela Lugosi, known as Chandu the Magician in the Orient where he was born, and Frank Chandler in America. Chandu brings the Egyptian princess Nadji, played by Maria Alba, to Hollywood to escape death at the hands of the mystic cult of the Ubasti. The cult wishes to sacrifice her in order to bring to life the recently recovered body of Princess Osanna of Lemuria and restore the lost continent to its former glory. The following episodes, each wind- ing up in wild uncertainty, involve a series of chases and black magic which carry the pursued half way around the world. A happy ending finds Chandu and Princess Nadji enamored. Lugosi, Miss Alba, Clara Kimball Young, Lucien Prival, Dean Benton, Phyllis Ludwig and the balance of the cast offer good performances. Di- rector Ray Taylor's handling of sus- pense is excellent. Barry Barringer did a good screen adaptation from the radio story by Harry Earnshaw, Vera Oldham and R. R. Morgan. The epi- sodes retain the original Chandu theme music. Excellent photography by John Hickson. "Life's Last Laughs" (C. S. Clancy-Columbia) This is No. 2 of the series based on quaint and humorous epitaphs on tombstones. Some of these carvings on stone reveal a really remarkable sense of humor. Others give a good insight on human nature. No code seal. Running time, 10 mins. rom page 1) to which stockholders are entitled and, also, over alleged delays in consum- mating the reorganization plan which, it was believed some time ago, could have been presented by Oct. 1. The bondholders are expected to receive approximately half of their $25,000,000 claims in debentures of the new company and the other half in new convertible preferred stock. Banks will probably receive $3,600,000 of their $13,200,000 claim in cash and the remainder in some form of new paper. Stockholders will retain their equity after an indicated exchange of one share of new stock for each two ot the old. This plan, continuing as it does a large portion of the out- standing indebtedness of Paramount, virtually assures these principal credi- tor groups of representation on the board of reorganized Paramount until- such time as the obligations repre- sented have been liquidated. "Switzerland the Beautiful'* (M-G-M) Another of the James A. FitzPatrick Travel Talk series, this time done in Technicolor. Interlaken, Lucerne and Geneva are covered with interspersed scenes of typical village life. The coloring greatly enhances the film and makes it doubly entertaining. Run- ing time, 10 mins. "Good Golfers Start Young" (Columbia) An interesting and at the same time amusing study of form in golf. Among the prominent golfers seen in action are Maureen Olcott, Johnnie Hines, "Wiffy" Cox, Walter Kozak and Johnny Farrell. There is also an amazing exhibition by a tot named Eddie Rule, Jr. No code seal. Run- ning time, 10 mins. "Polo Thrills" (Columbia) Here is a sports short that lives up to its title. It is furious action from beginning to end. If a program needs something with a wallop, this should fill the need. The film shows how polo ponies are trained and winds up with a series of exciting shots of an international polo match between teams representing the United States and Great Britain. As fine a short as could be wished for. No code seal. Running time, 10 mins. "Katnips of 1940" ( Mints-Columbia ) A fine job of animation has been done on this "Krazy Kat" number. It is lively and diverting. The cartoon relates the tale of the aspiring musical show novice who gets her break when the star goes phooey. Smartly exe- cuted. Code seal No. 66. Running time, 7 mins. "Richest" Is Hit in Frisco With $16,000 San Francisco, Oct. 9. — First runs had a big week, with three going well over normal, and another making par. "The Richest Girl in the World" headed the list at the Golden Gate by going over the line $3,000 for a take of $16,000. "Judge Priest" grabbed $25,000 at the Warfield with vaudeville and a stage band. Total first run business was $85,000. Average is $83,000. Estimated takings : Week Ending Oct. 2: "THE RICHEST GIRL. IN THE WORLD" (Radio) GOLDEN GATE— (2,800), 25c-35c-40c, 7 days. Stage, band. Gross: $16,000. (Aver- age, $13,000) Week Ending Oct. 3: "DEATH ON THE DIAMOND" (M-G-M) "LOVE TIME" (Fox) FOX— (4,600), 15c-30c-40c, 7 days. Gross: $11,000. (Average, $11,000) "BELLE OF THE NINETIES" (Para.) PARAMOUNT — (2,670), 15c-25c-55c-65c, 7 days, 2nd week. Gross: $11,000. Average, $11,000) "JUDGE PRIEST" (Fox) WARFIELD— (2,700), 25c-35c-55c-65c, 7 days. Stage, vaudeville, band. Gross: $25,000. (Average, $23,000) Week Ending Oct. 4: "ONE NIGHT OF LOVE" (CoL) ORPHEL'M — (3,000), 15c-30c-35c-40c, 7 days, 5th week. Gross: $5,000. Average, $9,000) "OUTCAST LADY" (M-G-M) ST. FRANCIS— (1,400), 15c-35c-55c, 7 days. Gross: $7,000. (Average, $8,000) "COUNT OF MONTE CRISTO" (U.A.) UNITED ARTISTS— (1,200), 15c-35c-55c. 7 days. Gross: $10,000. (Average, $8,000) Differences Aired On Buffalo Zoning Differences over the Buffalo clear- ance and zoning schedule were aired at Campi yesterday before a special appeal committee comprising Leslie E. Thompson, chairman ; E. C. Grain- ger and Tom Murray. Attending from Buffalo were Jane Halloran, code secretary, Jules Mi- chaels, Basil Brothers, Benjamin Gold and S. Balser among others. Louis Xizer, O. O. Decker and William Rodgers, the latter two with M-G-M, also were on hand. Rosenblatt to Study Atlanta* s Board Row Atlanta, Oct. 9. — Division Admin- istrator Sol A. Rosenblatt has assured Ike Katz, head of the G. F. T. A., that a probe will be made into the eli- gibility of Nat Williams and Oscar Lam to serve as unaffiliated members of the local code boards. Charles H. Burkey Dead Kansas City, Oct. 9. — Charles H. Burkey, 63, veteran exhibitor, died early today of heart disease. Funeral services will be Thursday. Burkey en- tered exhibition here 22 years ago, when he built the Summit, which he operated until his death. He had been president of the Independent Theatre Owners of Kansas City several years before being forced into retirement three years ago by ill health. For many years he served as vice-presi- dent of the M.P.T.O. of Kansas and Western Missouri, of which he was a founder. Looking Over Shorts a bo* t looks or tion pi bank, «atn eat- And How fte will roar on the screen of the ~ STATE THEATREo during the coming season of 1934*35 1 ' WE'RE happy to announce that the beloved M-G-M lion is on his way to this theatre with enter- tainments galore. All the great star k players of Hlmdom, all the delightful motion pictures that he sponsors ' on the screen are now assured the patrons of this theatre. More glam- orous, more gloriously enjoyable than ever is the happy array of Stars, stories and hits that are on the way to you during the coming season ! Just 4 of many M-G-M Hits to Delight you! THE BRIGHTEST OF SCREEN STARS — THE MOST INTRIGUING OF STORIES— COMBINED M-G-M TO PRODUCE GOLDEN HOURS OF ENTERTAINMENT I NORMA SHEARER CHARLES LAUGHTON Herbert Marshall in Stefan Zweig's. best-seller MARIE ANTOINETTE THE GOOD EARTH CLARK GABLE WALLACE BEERY ROBERT MONTGOMERY in the widely-read story MUTINY on the BOUNTY * JEANETTE MacDONALD NELSON EDDY in Victor Herbert's immortal operetta NAUGHTY MARIETTA ANN HARDING ROBERT MONTGOMERY in the memorable stage s BIOGRAPHY OF A BACHELOR GIRL * STAN LAUREL OLIVER HARDY in Victor Herberr's comic operetta BABES IN TOYLAND * SEQUOIA with JEAN PARKER ■ * WILLIAM POWELL MYRNA LOY the stars of "The Thin Man" in EVELYN PRENTICE CONSTANCE BENNETT HERBERT MARSHALL in Michael Arlen's story OUTCAST LADY JOAN CRAWFORD CLARK GABLE ROBERT MONTGOMERY in the stage hit on the screen FORSAKING ALL OTHERS * GRETA GARBO Herbert Marshall George Brent in Somerset Maugham's great story THE PAINTED VEIL HELEN HAYES in Sir James M. name's great play WHAT EVERY WOMAN KNOWS with Brian Aherne, Madge Evans RAMON NOVARRO EVELYN LA YE sical exrravagarua THE NIGHT IS YOUNG * HELEN HAYES. in Hugh Walpole's VANESSA MARION DAVIES in Sidney Slcobky's bright story MOVIE QUEEN CELEBRATED PLAYS AND "BEST-SELLERS" ON THE M-G-M PROGRAM The Wind and (he Rain West Point of the Air His Brother's Wife Wicked Woman BLaclc Chamber Repeal Lady Comes To Town Any Port In A Storm The Bugle Sounds Jungle Red Man In Old Vienna China Seas The Casino Murder Case Pamela Thorndyke The Gravy Game Her Excellency's Indc-China Living In A Big Wav The Winning Ticket No More Ladie Tobacco Shop vt«tetooe More Stars Than There Are In Heaven'. METRO-GOLDWYN-MAYER M-G-M SHORT FEATURES HAL ROACH DE LUXE COMEDIES Uurd-Hardv— Chwlcv Chase — Thelnu Todd-Pahy Kelly — Lrvin a Cobb — Out G»n? M-G-M PETE SMITH ODDITIES Gups of laughs and thnJb as Pete Smith's voice leads vou onward. M-G-M PETE SMITH GOOFY MOVIES Complete movie shorn in one reel with Pere Smith's descriptions driving yog hilarlouri HEARST METROTONE NEWS Crates, of all tinraeels featuring (he mas* voice of EDWIN C HILL, the wkJ's best-known n You are invited to enjoy the finest entertainment the screen has ever known at the STATE THE THEATRE OF THE STARS The Leading Daily .Newspaper* H ^ I if Motion Picture Industry MOTION PICTURE DAILY Alert, Intelligent and laithfi Servio©] the Inllbtr in All Branches VOL. 36. NO. 86 NEW YORK, THURSDAY, OCTOBER 11, 1934 TEN CENTS Quick Action On Para. Aim, Says Law Firm In Creditors' Interest, Aver Trustee Advisors That a reorganization of Para- mount at "the earliest practicable date" !d by the trustees of the com- \.to be for the best interests of V-s, was asserted by Root, Clark, V & Ballantine, trustees' coun- Vterday in reply to a charge Jays in handling claims filed Ithe company were obstructing ^■ganization. '[harge was made by Saul E. counsel for a Paramount .ders' group, in a letter to the _.s, requesting data on the cur- ' status of the creditors' claims riled against the company. In denying the charge through their (Continued on page 6) Para. Negotiating On All Trust Suits That Paramount is now negotiating settlements of all anti-trust litigation pending against the company was re- vealed yesterday in a report on the status of claims filed against the com- pany submitted by the trustees. Anti-trust suits involved in the settlement negotiations include the Quittner action for triple damages of $5,100,000; the A. B. Momand, Okla- homa, action for $4,960,000, and the E. M. Loew, Boston, action for $5,099,000. Scenes of Jugoslav King Are Censored A newsreel censorship of scenes taken in and around Marseilles dur- ing the ceremonies prepared to greet the arrival in that city of King Alex- ander of Jugoslavia, who later was assassinated with Foreign Minister Barthou, has been clamped down by the French Government, Paris cables received here yesterday declared. Fox Movietone News flew its clips to Paris, but the plane was grounded by government officials and the film held. Overbuying Charges Made Against Reade Two overbuying complaints have been lodged against Walter Reade in New Jersey and will be heard by the (Continued on page 6) Ostrers Now Hold Control of G-B Stock, Mark Reveals Here Majority control of Gaumont British rests with Isidore and .Mark Ostrer whose stock interest is not 49 per cent as frequently reported, but 51 per cent. The additional two per cent was ac- quired by them about two years ago from Lord Lee of Fareham, according to Mark Ostrer, chairman of the board of G-B, in a statement made to Motion Picture Daily yesterday. Ostrer denied reports John Maxwell of B. I. P. is negotiating with Fox for the 49 per cent stock interest held by the American company. He said he had held conversations with S. R. Kent, president of Fox, who hit reports the latter company was selling its interest in G-B. Feature Clips in Shorts To Be Used by Educators A series of 24 two-reel subjects cut from standard releases and to be called "Secrets of Success," is to be made available to church and educa- tional groups through the Hays office. The idea is to show life situations as an aid to religious education and character building. The films will be 35 mm and will be shown, according to the plan, in theatres, probably Saturday morn- ings when the programs will not in- terfere with regular programs. Recommendations as to who shall get the films will be made by a com- mittee consisting of Howard M. Le Sourd, dean of Boston University Graduate School ; Phyllis Blanchard, psychologist, Child Welfare Clinic, (Continued on page 6) Frank Lloyd Is Made Head of M. P. Academy Hollywood, Oct. 10. — Frank Lloyd was named to the presidency of the Academy of M. P. Arts and Sciences at a joint meeting of its board of gov- ernors and executive committees that ended early this morning. He suc- ceeds J. T. Reed. Warner Baxter was elected suc- cessor to Howard J. Green as first vice-president, while Howard Esta- brook was chosen to succeed Lewis (Continued on page 10) Expect Action on Code Costs Today Campi is expected to approve the revised assessment plan for produ- cers and distributors today in addition to the second half levy for exhibi- tors. Division Administrator Sol A. Ro- senblatt arrived from Washington last night to attend today's hearing and (Continued on page 6) Protestants' Films Drive Near Windup Activity of the Protestant Church in its campaign for clean films was seen drawing to a close yesterday when an executive of the Federal Council of the Churches of Christ in America told Motion Picture Daily no plans had been made by the Coun- cil to carry on its film program be- yond Oct. 21. Several weeks ago that date was designated as "National Sunday" on (Continued on page 6) Houses Under 800 To Pay 5-Cent Fee Theatres seating under 800 and op- erating three or less times a week will pay A. S. C. A. P. five cents per seat a year, according to the new schedule agreed upon between the society and members of the emergency committee. With A. S. C. A. P. abandoning its demand to tax theatres according to (Continued on page 10) Hays Predicts Continued Use For the Code Results Are Favorable, He Tells Directors Continued application of the produc- tion code with proper consideration for "strong, dramatic themes" will be the order for the industry, Will H. Hays told M. P. P. D. A. directors at the regular quarterly meeting of the board yesterday. Results to date under code adminis- tration are viewed favorably by Hays, who sees stronger entertainment values reflected in the "encouraging" public response being given to new season pictures. Hays .also finds higher standards of entertainment indicated in an analysis of 279 features sched- uled for the new season which reflect, he told the M. P. P. D. A. board, a better selection of story material with (Continued on page 6) Gaumont Costs to Average $300,000 Gaumont British will spend an aver- age of $300,000 on each of the 26 pic- tures to be produced this season, Mark Ostrer, chairman of the G-B board, stated yesterday. He added that "The Iron Duke" with George Arliss has been completed at a cost of $750,000. Ostrer sails on the Aquitania Oct. 19, accompanied by Jeffrey Bernerd, (Continued on page 10) Moore Picture First Columbia to Loew's Booking of "One Night of Love" into the Paradise, Valencia, State, 83rd St., 175th St., 72nd St., Lexing- ton and Orpheum on Oct. 19 marks the first Columbia picture to go into Loew houses under the revised book- ing setup in Greater New York. RKO gets all of Universal's prod- uct with the exception of five films, which go to Loew. No Fox pictures will be booked by Loew, it was stated yesterday, the output being transferred to RKO houses with the consent of the distributor. Three Per Cent Sale Tax Drafted in Ohio Columbus, Oct. 10— A general three per cent sales tax, said to meet most of the objections of the opposing groups which brought about defeat of (Continued on page 10) MOTION PICTURE DAILY Thursday, October II, 1934 MOTION PICTURE DAILY (Registered U. S. Patent Office) Vol. 36 October 11, 1934 No. 86 Martin Quigley Editor-in-Chief and Publisher MAURICE KANN Editor 4ZM JAMES A. CRON Advertising Manager Published daily except Sunday and holi- days by Motion Picture Daily, Inc., sub- sidiary of Quigley Publications, Inc., Martin Quigley, President; Colvin Brown, Vice-President and Treasurer. Publication Office: 1790 Broadway, New York. Telephone Circle 7-3100. Cable ad- dress "Quigpubco, New York." All con- tents copyrighted 1934 by Motion Picture Daily, Inc. Address all correspondence to the New York Office. Other Quigley pub- lications: MOTION PICTURE HERALD, BETTER THEATRES, THE MOTION PICTURE ALMANAC and THE CHI- CAGOAN. Hollywood Bureau: Postal Union Life Building, Vine and Yucca Streets, Victor M. Shapiro, Manager; Chicago Bureau: 407 South Dearborn Street, Edwin S. Clif- ford, Manager; London Bureau: Remo House, 310 Regent St., London, W. 1, Bruce Allan, Representative. Cable address: "Quigpubco, London"; Berlin Bureau: Berlin-Tempelhof , Kaiserin-Augustastrasse 28, Joachim K. Rutenberg, Representative; Paris Bureau: 19, Rue de la Cour-des- Noues, Pierre Autre, Representative; Rome Bureau: Viale Gorizia, Vittorio Malpassuti, Representative; Sydney Bureau: 102 Sus- sex Street, Cliff Holt, Representative; Mex- ico City Bureau: Apartado 269, James Lockhart, Representative; Glasgow Bureau: 86 - Dundrennan Road, G. Holmes, Repre- sentative; Budapest Bureau: 3, Kaplar-u, Budapest, II, Endre Hevesi, Representa- tive; Moscow Bureau: Civtzev Vrazhek, N. 25, Apart. 146, Moscow, U. S. S. R., Bella Kashin, Representative. Cable address: Sararod, Moscow. Entered as second class matter, January 4, 1926, at the Post Office at New York City, N. Y., under Act of March 3, 1879. Subscription rates per year; $6 in the Americas, except Canada $15 and foreign $12. Single copies: 10 cents. Speakers Join Service Several men will speak at the Mark H. Dintenfass memorial services to be held at 3 o'clock Sunday at the Ferncliff Mausoleum, Ardsley. Among them will be Howard Mackay, Charles H. Ingersoll, Dr. Vincent Godfrey Burns and Louis F. Hoebel, mayor of Fort Lee. A musical program will be presented. W. Ray Johnston will be among those present. Berle Heads Ampa Talent Milton Berle, Patsy Flick and Gus Edwards wili be the guest artists at the, Ampa meeting today. Hal Home will be guest chairman. Two sur- prises are also promised. Starts "World Accuses" Hollywood, Oct. 10. — George H. Batcheller has started his latest Chesterfield feature, "The World Ac- cuses," at the Pathe Studios. It is an original by Charles Belden. Epstein Coming East Hollywood, Oct. 10. — Dave Ep- stein, Hollywood press agent, will leave Hollywood by plane today for a two weeks' business trip to New York. "Crimson Romance" Fri. "Crimson Romance" opens at the Criterion tomorrow. Motion Pic- ture Daily reviewed the picture by wire from the coast Sept. 8. Production Strong With 43 Shooting Hollywood, Oct. 10. — Production last week continued to flourish with a total of 43 features and four shorts before the cameras, which is a de- crease of one feature and two shorts under the preceding week. Warners led the field with seven features in work, two preparing and 12 in the cutting rooms ; M-G-M had six, two and nine; Radio, six, two and four ; Paramount, six, three and two ; Fox, four, three and five; Columbia, three, three and six ; Universal, three, two and one ; Roach, one, zero and zero ; Century, one, zero and zero ; independent group, six, five and seven. In the short subject division Roach reported one working, one preparing and two editing ; M-G-M, zero, zero and four ; Universal, zero, one and one ; Radio, zero, three and six ; inde- pendents, three, five and five. M-G-M Planning Big Opening on "Widow" M-G-M has laid out elaborate plans for the opening of "The Merry Widow" at the Astor tonight. The activities will be broadcast over WHN from the lobby beginning at 8 :30 and extending to 9 :30 o'clock. Ernst Lubitsch, the director, and Jeanette MacDonald, who co-starred with Maurice Chevalier, will be among those present. Others who have been invited are Colleen Moore, Mae Murray, Libby Holman, Marilyn Miller, Helen Hayes, Lois Moran, Douglas Fairbanks, Dorothy Mac- kail 1 and Barbara Barondess. Major Edward Bowes will be in charge of the broadcast. Preview School Picture Hollywood, Oct. 10. — University of Southern California students are hold- ing a preview of their two-reel pic- ture, based on the Edgar Allan Poe story, "The Oval Portrait," tonight at the Hollywood Egyptian. The pic- ture, which cost $5,000, was made by students at M-G-M with the coopera- tion of the studio, under the super- vision of student Richard Bare. If M-G-M officials deem the picture of sufficient merit, a release through the studio may be effected. Indiana '33 Gross Set at $7,218,000 Washington, Oct. 10. — Box-office receipts of 287 film houses in Indiana last year totaled $7,218,000 and pay- roll payments aggregated $1,524,000, according to the Census Bureau. There were 10 legitimate and vaude- film houses in the State which took in $234,000 and had a payroll of $38,- 000. Indianapolis, it was reported, had 39 film theatres with box-office re- ceipts of $1,601,000 and payrolls of $372,000. Other city reports in- cluded: Fort Wayne, 13 film houses with receipts of $481,000 and payrolls of $97,000; East Chicago, four film houses with receipts of $63,000 and payrolls of $23,000 ; Gary, six film and vaudefilm theatres with receipts of $171,000 and payrolls of $45,000; Hammond, four film houses with re- ceipts of $351,000 and payrolls of $93,- 000; South Bend, 12 film houses with receipts of $537,000 and payrolls of $102.000 ; Evansville, seven film houses with receipts of §315,000 and payrolls of $65,000; Terre Haute, 12 film and vaudefilm houses with receipts of $418,000 and payrolls of $114,000. Milwaukee Group to Ask Variety Charter Milwaukee, Oct. 10. — At a meet- ing of 12 exhibitors and exchange men at the Hotel Schroeder, it was agreed to make application for a charter to the Variety Club. Those attending were addressed by Ed Har- vey, director of radio station WISN and a member of the board of direc- tors of the Pittsburgh Tent. Among those present were H. J. Fitzgerald, George Fischer, A. C. Gutenberg, E. F. Maertz, Dave Weshner, Charles Trampe, E. J. Weisfeldt, Sam Shur- man, J. O. Kent, Arthur Schmitz, Ben Koenig and Al Kvool. Taxes Up at Allied Meet Seattle, Oct. 10. — Taxation, both state and federal, will be one of the subjects to come before the annual convention of Allied Amusements of the Xorthwest scheduled to start Oct. 24 at the Washington Hotel. Other subjects include the music tax prob- lem, sales contracts and the code. Big Board Issues Advance Columbia Pictures, vtc. Consolidated Film Indu Consolidated Film Indus Eastman Kodak Fox Film "A" Loew's, Inc Paramount Fublix, cts. Pathe Exchange Pathe Exchange "A"... RKO Warner Bros Technicolor Net High Low Close Change Sales 37 3654 37 + Vi 700 354 M + 54 300 14% 1354 1454 + H 1,500 101 99% 101 +154 1,000 125s 1154 12/8 + % 800 2954 28% 2956 + Vi 7,400 4% 4 454 + % 17,500 VA VA 700 13 13 13 + % 100 254 254 254 500 5 4Ji 5 + % 3.100 % on Curb Net High Low Close Change Sales 12% 125i 12% + % 300 Warner Bonds Rise % Point High Low Close General Theatre Equipment 6s '40 654 654 654 Keith B. F. 6s '46 61 61 61 Loew's 6s '41, ww deb rights 10254 10254 10254 Paramount Broadway 554s '51.... 4054 4054, 4054 Paramount F. L. 6s '47 5854 57% 57% Paramount Publix 554s '50 58 5754 5754 Pathe 7s '37, ww 9854 9854 9854 Warner Bros. 6s '39, wd 60 5954 59% Net Change - % + 54 - % - % + 34 Sales 2 1 5 10 10 21 1 14 < Purely Personal ► RONALD COLMAN and Loketta Young will be interviewed by Louella Parsons tomorrow over sta- tion WABC and coast-to-coast net- work. Both Colman and Miss Young are in 20th Century's "Clive of India." Eknest Truex sails today on a five-day Bermuda cruise. A week after his return he is scheduled to start work in his next Educational short at the Eastern Service plant under Al Christie's direction. Tala Birell, European importa- tion once headed for stardom on the Universal roster, plays one of the leads in "Order Please," stage play which opened at the Playhouse Tues- day night. Buddy Cantor, film news com- mentator, is broadcasting Saturday nights at 6:30 from WMCA over the American Broadcasting System's net- work on the Wilson distilling hour. Richard Henry Dana's "Two Years Before the Mast" and M> Harriet M. Lothrop's "Five L' Peppers" have been bought by M gram. Richard Beck, partner with 1 Ellman in Capital Film Excr Chicago, is in town for a week. B father owns the Castle in the V City. Iris Adrian, Broadway night singer who was signed three wt ago by Paramount to a long-term co. tract, left yesterday for Hollywood. Monroe Greenthal, Manny Sil- verstone and others were among those bidding bon voyage to John Myers on the Bcrengaria yesterday. Moe Streimer, local U.A. branch manager, is touring several upstate New York cities and is expected back tomorrow. Henry King, Fox director, has been appointed to the Advisory Com- mittee of the National Air Congress. Robert Edmond Jones leaves to- day for the Radio studios to super- vise the color work on "Becky Sharp." Edward Golden, Monogram sales manager, will leave today for Buffalo and Toronto and will be back Tuesday. Frank Craven is in town after a three-year stay in Hollywood. He is rehearsing for "Oedipus Wrecks." E. E. Paramore Jr.'s "Guns" and "The Desert Castle Mystery" have been acquired by Paramount. William Scully, eastern district manager for M-G-M, returns today from New Haven. Hal LeRoy has been signed to do a two-reel Vitaphone short at the Brooklyn plant. Jack Trop is back from a 10-day trip to Detroit, Chicago and other midwest points. Al Friedlander returned yester- day from an overnight trip to New Haven. Bruce Cabot sailed for London yes- terday on the Bcrengaria. Leon Schlesinger has checked out of the Park Central. Sam Ornitz is looking over the Broadway play mart. Robert O'Donnell of Texas is in town. e Libson in Cincinnati II Keyes in Dayton Bill Hollander in Chicago Frank Starz in Dallas Harry Browning in Boston Will Singer in Omaha Charles Taylor in Buffalo Bill Tubbert in Syracuse Frank LaFalce in Washington AND OTHER REAL SH Howard Waugh in Memphis Ed Fay in Providence Ken Grimes in Morgantown Fuzzy Knight in Fairmont Don Nichols in Charlotte Gene Curtis in Toronto Ed Hart in Plainfield F. Moneyhun in Indianapolis Earl Hudson in Detroit OWMEN EVERYWHERE ITS » UUfl KIND OF AN IDEA STAGE A HAPPINESS WEEK The Time is right -the Title's right-the Stars are right— the Story's perfect— for a big city-wide celebration of HAPPINESS WEEK tied in with your run of "HAPPINESS AHEAD." Only an idea as big as this can bring you maximum returns from the picture that's been hailed as "excellent— delightful— grand"! You won't have to force it. We provide you with convincing arguments and special inducements that will line up the whole town behind you without a struggle! FOR HAPPINESS AHEAD WARNING ! — See this picture yourself before you decide how strong you want to go on the campaign. We know it's the kind of show that will make you want to go out and ring doorbells, wave flags, and post 24-sheets on City Hall And you'll find it doubly interesting as a sample of the great attractions that are coming in WARNER BROS/ HAPPINESS YEAR MOTION PICTURE DAILY Thursday, October II, 1934 Quick Action On Para. Aim, Says Law Firm (Continued from page 1) counsel, Charles D. Hilles, Eugene W. Leake and Charles E. Richardson, the Paramount trustees, declared that "notwithstanding the favorable opera- tions of the company under the trus- teeship" it was believed that the ear- liest possible reorganization was ad- visable, and for that reason, the trus- tees have treated the subject of claims as "one of first importance." "While reorganization is a matter for the creditors and stockholders to proceed with," the trustees' letter states the trustees will continue to facilitate it by cooperating with these groups. Accompanying the letter to Rogers, is a summary of the present status of the $297,000,000 of claims filed against Paramount in the bankruptcy and re- organization proceedings. The period for filing these claims expired Sept. 15. Since, the $178,000,000 claim of Paramount Broadway bondholders has been reduced to $44,000,000 and, with eliminations of duplicate claims, the total has been further reduced to $154,000,000. Only Third Held Provable Of this amount only slightly more than $50,000,000 is regarded as being filed in proper amount and provable. More than $4,000,000 of claims in this category are those of Paramount sub- sidiaries filed against the parent com- pany and with others of the same type can be made a part of a plan of re- organization for the company. The claims report states that less than $3,000,000 of the claims remain to be investigated by the trustees and that $1,500,000 of this amount repre- sents the claim of the Stanley Co., which, the report declares, is believed to be "without merit" and objections to it have been filed. In addition, more than $50,000,000 of claims are being negotiated under settlement plans that will greatly reduce their amount, it was said. The claims remaining against the company, the trustees' letter states, "constitute no obstacle to the presen- tation of a plan of reorganization" now. Feature Clips in Shorts To Be Used by Educators No Darro Series Yet Hollywood, Oct. 10.— Contrary to reports, Warners are not yet making a^ series of kid pictures featuring Frankie Darro, but instead will spot him in the juvenile lead in "Racing Luck" which is scheduled at this time as a Lyle Talbot starring vehicle. Bud Barsky Off Tuesday Bud Barsky, independent producer, plans to leave for the coast next Tues- day. He is here arranging financing and distribution on a series of pic- tures he plans to make upon his re- turn to Hollywood next week. (Continued from page 1) Philadelphia; Florence Hale, editor of The Graded Teacher, former presi dent of the National Education Ass'n and Mark A. May, executive secre tary, Institute of Human Relations Yale University. The plan was approved by the M.P.P.D.A. last August and mem- ber producers will contribute the film required. Experiments have already been conducted with shorts made from cuts from "Young America," "Alias the Doctor" and "Tom Brown of Cul ver." The pictures have been designed to appeal to three age groups, children, adolescents and adults. Distribution will be made at first through the Hays office and this office will also pay the cost of printing No rental charges will be made Shorts will be used to supplement the programs. In addition to selected theatres the films will be available for some schools and churches, the first showing to be at the Protestant Episcopal convert tion in Atlantic City this week. The Deans Go Thespian Hollywood, Oct. 10. — Negotiations for screen and stage engagements are being conducted by the William Mor ris office here in behalf of Paul (Daffy) Dean and Jerome (Dizzy) Dean of the St. Louis Cardinals, World Series champs, it was learned today Jack Weiner of the coast branch of the agency states that several offers are under consideration. Charles Hyde, general manager of the William Morris agency, confirmed in New York yesterday dispatches from the coast regarding the Dean brothers. Cincy Delays Two Cases Cincinnati, Oct. 10. — No agree- ment was reached by the local griev- ance board yesterday in the overbuy- ing complaint of the Grand, Dayton, O., against the Wayne, same city, and the case was postponed until the next meeting in two weeks. An overbuying case also was post- poned. Landau Leaves Saturday Arthur Landau of the Small-Lan- dau agency in Hollywood leaves for Hollywood by plane on Saturday after 10 days in New York. While here he has been signing writers and stage players, but refused to divulge the names until he returns to the coast. Educ'l Series Is Begun "Three Cheers for Love," the first in Educational's new "Young Ro- mance" series of comedy shorts, has gone into production at the Eastern Service Studios, Astoria. Seiters Back on Coast Hollywood, Oct. 10. — William Seiter and Marion Nixon have re- turned here from a 10-day honeymoon in New York. While in the east Seiter conferred with Jerome Kern on the music for his next picture, "Roberta." Hays Predicts Continued Use For the Code (Continued from paiic ll increased selection of historical, bio graphical and musical subjects. Reiterating his statement that the industry's answer to the decency cam paign will be made in pictures, Hay told the board that that policy "com mends itself through results to date.' "We have done much more than substantially strengthen safeguards for production code observance," Hays said. "The present trend in pictures is setting a rather high mark and pub lie support responds encouragingly This support is of the utmost impor tance. "We will continue to welcome all criticism and to safeguard code ob- servance, properly treating strong dra- matic themes and remembering that entertainment is in itself a vital, nec- essary purpose," Hays said. His survey of the 279 features, he related, shows a "very large increase in the number of films to be made from the great classics of literature and the stage and from books that have won a place in the hearts of mil lions of readers." Historical and biographical films, he said, will comprise seven per cent of the season's production as compared with one per cent last season. There will be 34 musicals, 22 comedies, 24 detective and mystery films, 16 adven- ture films and six aviation pictures, he said. Among those attending the meeting yesterday were Adolph Zukor, Joseph M. Schenck, Ned E. Depinet, Jack Cohn, W. C. Michel, Nicholas M Schenck, H. M. Warner, R. H. Coch- rane and Albert Warner. E. W. Shinn Recovering New Orleans, Oct. 10.— E. W. Shinn, chief booker for Paramount, is recovering from a tonsilitis opera- tion in a local hospital here. Overbuying Charges Made Against Reade (Continued from pane 1) New York grievance board next Tues- day. The cases are : Herbert and Leon Shusterman of the Strand, Red Bank, against Reade's Carlton, same city, Fox, U. A., M-G-M, Yitagraph, Columbia, Para- mount and RKO. The Shustermans claim that Reade last year bought 249 pictures when his requirements called for 156. The Roxy, Perth Amboy, against Reade's Majestic, Strand and Cres- cent, same city, Fox, U. A., M-G-M, Columbia, RKO and Big U. It is understood Louis Nizer, sec- retary of the local Film Board of Trade, will represent distributors and Milton C. Weisman will act as attor- ney for Reade. Plans Hallowe'en Dance The Warner Club will hold an in- formal Hallowe'en dance the evening of Oct. 26 at its clubrooms. Protestants' Films Drive Near Windup (Continued from page 1) which day all Protestant ministers were requested to preach a sermon ad- vocating clean films and to urge for- mation of Better Films Councils in their spheres of influence. As an aid to ministers, a booklet, called "Source Material on Motion Pictures for Pas- tors," was prepared from material culled from the industry's trade press and from editorial matter which had appeared in the religious and daily press. Distribution of these booklets has reached a nation-wide scope, it is claimed by the council, and it is ex- pected that every Protestant minis- ter will make use of it in preparing his sermon for Oct. 21. Distribution of the council's pledges is also pro- gressing at a faster rate than here- tofore, it is said, and it is estimated that over 1,000 a week are beinp mailed. It is felt, however, that tx demand for the pledges will ce. with the expected formation of Better Films Councils. Expect Action on Code Costs Today (Continued from page 1) may submit a report on the Holly- wood situation. Rosenblatt returned from the coast Monday. Decisions will be rendered on sev- eral appeal hearings, but none will be made on the sessions held the last few days on the Los Angeles, Detroit, Buffalo and Indianapolis clearance and zoning schedules. The Indianapolis zoning plan was up yesterday with a number of exhibitors from that ter- ritory in for the hearing. Walter Vincent will substitute for Ed Kuykendall at the session which will get under way at 10 this morn- 'ng- Buying Case Quashed By Milwaukee Board Milwaukee, Oct. 10. — The griev- ance board has dismissed overbuying charges brought by the World Thea- tre against Etta Wiesner, Gem Thea- tre, and U. A., RKO, Fox, M-G-M and Vitagraph. The Gem. it was testified, has 312 pictures under con- tract for 1934-35 on a three changes weekly policy. In the cases of Saxe Amusement Management vs. J. E. Honthaner, op- erator of the Comet; Warners vs. M. Silvermann of the Silver Theatre Corp., and Warners vs. Julius Was- niewski, operator of the Midget, all charged with admitting children for five cents, cease and desist orders were issued. Labor Questions All In All local theatres having returned questionnaires on labor, the NRA fact finding committee is now classifying theatres in a plan to set a basic oper- ators' scale, according to a point sys- tem adopted by the committee. 1934-35 GARY COOPER CAROLE LOMBARD BIND CROSBY MIRIAM WOE CLAUDEm COLBERT WARREN WILLIAM HENRY WILCOXOH OTTTO*U,U Five smash hits from PARAMOUNT in 8 weeks. GREAT -Keep ft up! MR Ml El LAN NY BOSS Mf.C. FIELDS jOANMNNETT QUEENIE SMITH MOLASSES 'N JANUARY DIRECTED BY EDWARD A.SUTHERLAND DIRECTE D BY WESLEY RUGGLES a Par a mo u n i Piclu re ml PURSUIT That "Coming American Boom is here . . . eight more big pictures from PARAMOUNT in the next few weeks. College JACK- OAK-IE HELEN MACK. DIRECTED BY NORMAN TAUROG a Pa ramount Picture mm A MrsWIGGS „. of the /'I MY EART BING CROSBY KITTY CARLISLE UVES OF A BENGAL L A N C E R D|RECT B*Sff,D||,6 o „ „7 ATHAVVAy 10 MOTION PICTURE DAILY Thursday, October II, 1934 MOTION PICTURE DAILY* HOLLYWOOD PREVIEW Short Subjects "Great Expectations" ( l Universal ) Hollywood, Oct. 10. — An intelligent, entertaining screen version of Charles Dickens' story richly endowed with typical Dickens humor and melodramatic pathos gives distinction to this production. Cut to exhibi- tion length, the film should prove a first rate show to those appreciative of Dickens, though the mass reception may be uncertain. The story revolves around the character Pip, portrayed by George Breakstone as a boy and by Phillips Holmes as an adult. The youth lives with his sister, Rafaela Ottiano, and Alan Hale, her blacksmith husband. Visits of the boy to the estate of Florence Reed, where her ward, Anne Howard, as a child, and Jane Wyatt as an adult, lives, result in a youthful romance. While serving as an apprentice blacksmith years later, Holmes is notified that a substantial bequest for schooling has been offered by an anonymous person. He finds -later that the donor is a former convict, Henry Hull, whom he had befriended as a child. Family relationships, subsequently revealed, lead to the engagement of Holmes and Miss Wyatt. Stuart Walker has directed intelligently. All cast performances are excellent. Gladys Unger's screen play retains the complete period flavor. Wherever Dickens is popular this should register, but in other spots it will need exploitation to sell. Production code seal No. 301. Running time, 101 minutes. "Happiness Ahead," last night's premier at the Strand, was reviewed by wire from Hollywood on Sept. IS. "Now and Forever," tonight's premier at the Paramount , zvas revieivcd by ivire from Hollywood on July 30. "Judge Priest," this morning's opener at the Radio City Music Hall, icas reviewed by wire from Hollywood on Aug. 6. "Wake Up and Dream," last night's opener at the Mayfair, was reviewed by wire from Hollyivood on Sept. 4. "The Merry Widow," tonight's premiere at the Astor, was reviewed by wire from Hollyivood on Sept. 4. Frank Lloyd Is Made Head of M. P. Academy {Continued from paye 1) S. Stone as second vice-president. Nathan Levinson was elected secre- tary, succeeding Frank Capra. Will- iam Sistrom was re-elected treasurer, while Don Gledhill was continued as executive secretary and William Conklin as chairman of the actor- producer relations committee. A code for first assistant directors was adopted. Ratified by seven of the major producing organizations, it pro- vides for the payment to assistant directors of a bonus of one week's pay between pictures for overtime on a preceding picture. The assistant directors were the only workers that failed to take their troubles to the NRA, electing, to work" out their problems through the Academy. See Brighter Future The meeting ended on a note of high enthusiasm, engendered by the belief expressed by those in attend- ance that the Academy had overcome its past obstacles and was destined to reclaim its former position in the near future. Statistics on the administration by the Academy of the standard mini- mum contract for artists for the year ended Oct. 1 were made public in a report submitted to the governors. The report states that approxi- mately $500 weekly was paid to some actors in settlement of their claims on the basis of the Academy's inter- pretation of the minimum contract, while an equal number of cases was reversed on the ground the claimants gave their contracts the wrong read- ing. It is revealed that since the arbi- tration department was established in 1931 a total of $112,000 has been paid out by studios" in claims handled through the Academy. The report also discloses that, in addition to mem- bers of the M. P. Producers' Ass'n, independent producers have availed themselves of the services of the pro- ducer-actor relations office to settle claims without going to court. Houses Under 800 To Pay 5-Cent Fee (Continued from paye 1) evening admission prices, the highest figure to represent the fee per seat for each theatre, exhibitors declare the new plan a victory despite increases of five and 10 cents over last vear's levy. A theatre seating 801 pa'id $80.10 a year under the 1933 assessment. This same theatre under the new levy of 15 cents now pays an annual total of $120.15, but under the proposed A. S. C. A. P. plan to tax according to ad- missions this house would have been required to pay $200.25. For theatres seating over 1,600, the new assessment is doubled, bringing the music levy of §160 to $320. ITOA Discusses ASCAP Settlement of the A.S.C.A.P. music tax increase highlighted discussions of the I.T.O.A. at the organization's reg- ular meeting yesterday at the Astor. Gaumoiit Costs to Average $300,000 (Continued from page 1) general manager ; Michael Balcon, production head ; Jack Hulbert and Berthold Viertel. Ostrer will return after the first of the year, while Ber- nerd will be back in about four weeks. Nova Pilbeam will sail shortly after the opening of "Little Friend"' at the Roxy. The picture starts Oct. 18 and the child actress will return to Eng- land around Oct. 21. Balcon, who has been here on a tal- ent mission in addition to studying audience reaction, is finding difficulty lining up the players he wants. He leaves tonight for Toronto to visit theatres and returns Monday. Ostrer stated yesterday his company is not interested in acquiring the Roxy, although a deal had been on at one time. He said G-B does not want to operate its own theatres in America. Weeks to Atlanta Today George W. Weeks, Gaumont Brit- ish general sales manager, departs for . Atlanta todav to appoint a staff there. There will follow visits to Cincinnati. Indianapolis, Detroit, Kansas City and St. Louis. Saville on "Dictator" Loxdox. Oct. 10. — Through coop- eration with Gaumont British, Toep- litz Prod, was able to resume produc- tion this morning on "The Dictator" after only two and one half days' de- lay. Victor Saville has taken over the directorial job relinquished by Alfred Santell. Saville has just fin- ished "The Iron Duke" with George Arliss. He studied the script over the week-end. Three Per Cent Sale Tax Drafted in Ohio (Continued from page 1) sales tax proposals in recent sessions of the legislature, has been drafted for submission to the General Assemblv Nov. 19. It is estimated the tax will vield $65,000,000 to $75,000,000. The state administration estimates current needs at around $62,500,000. Motion Picture Datly is advised that, while the bill does not specifically provide for repeal of the nuisance tax, which includes the 10 per cent admis- sion impost, it does leave room for specific repealers, which could be writ- ten in. If the bill passes, as is now predicted, the present tax could easily be modified to include admissions as sales. In the proposed setup, sales under 10 cents would be exempt, while amounts from 11 to 41 cents would be subject to a one-cent tax. The im- post would be two cents up to 71 cents, with a three-cent levy between 71 cents and $1. The full three per cent would apply for $1 up. Pickett to Hastings Omaha, Oct. 10.— J. W. Pickett has been made manager of the Blank Strand at Hastings, Neb., succeeding Carl Rose who goes to York, Neb., to take charge of the Sun and York for Central States Theatre Corp. of Des Moines. "Laughing with Medbury In the Arctic" ( Walter Putter-Columbia ) John P. Medbury wise-cracking on the ice, so to speak. The humorist has built a more or less funny narra- tive around a collection of stock shots of the polar regions. Some of his re- marks are all right, while others are a little too obvious to be really funny. Not bad, as a whole, however. Code seal No. 165. Running time, 10 mins. "Songs of the Colleges" (Radio) A timely and appropriate short sub- ject and one that should have particu- lar apppeal to younger audiences now that football games are on again. The songs of 13 colleges such as Tulane, Georgia Tech, Notre Dame, Yale, Harvard and Ohio State are played by the Trojan band of the University of Southern California while flashes of former football games in which teams of these universities have played are shown. Production code seal. No. 261. Running time. 15 mins. "Men in Black" (Columbia) Featuring the trio of Ted 1 stooges, this burlesque on the m profession is passably funny, crazy concoction made up chief gags that are familiar by this time it still manages to arouse laugh The three funsters, Larry Fine ai. Terry and Moe Howard, are internes in a hospital who carry on like lu- natics. Code seal No. 241. Running time. 19 mins. "Pastry Town Wedding'9 (Radio) The wedding of two of the elfin populace of Pastry Town is here por- trayed to the accompaniment of appro- priate music and song. It is a pleas- ing cartoon done in color that should amuse audiences. Besides the wedding itself the methods of baking cakes, all done by means of laugh producing processes, are also shown. Production code seal No. 81. Running time, 8 mins. "Trapeze Artisf' ( Min tz-Col u m bia ) There is considerable entertainment value in this "Krazy Kat" animated. It is a cartoon version of the story of the man on the flying trapeze. A clever and amusing piece of work. The strains of the popular tune serve as a musical score. Code seal No. 67. Running time, 7 mins. "Dumb Bell Letters" (Radio) This is Number 3 of the series and is just as funny as the first two. It contains the usual letters collected by Tuliet Lowell from various business organizations. Production code seal No. 88. Running time, 4 mins. Skouras to St. Louis Spyros Skouras left last night for St. Louis by plane on a short business trip. He will return east within the next few days and go to the coast later on. METRO MAURICE JEANETTE m MERRY DO* METRO GOLDWYN MAYER mishits WIDOW TONIGHT'S THE NIGHT ON BROADWAY! The Leading ^Newspaper I lii of the ; Motion Picture Industry ■ MOTION PICTURE DAILY Alert, Intelligent arid % Faith fut] Service to'* the Industry in All Branches OL. 36. NO. 87 NEW YORK, FRIDAY, OCTOBER 12, 1934 TEN CENTS Reels Anxious Over Films of King's Death Wonder If French Gov't Will Lift Ban Xewsreel organizations were in sus- pense yesterday over the ultimate fate of their clips on the assassination of King Alexander of Jugoslavia in Mar- seilles. Inquiries made here yesterday revealed that only Pathe had suc- ceeded in getting its film through the censorship barrier set up by the French authorities. The other newsreels were reported awaiting word of a possible change in the government's attitude. The censorship order greatly surprised newsreel officials, as they had never known anything like it to occur in France. The only possible reason ad- (Continued on page 6) Allied Lines Up on Congress Campaign Washington, Oct. 11. — Concentra- tion on a three-point legislative pro- gram before and during the next session of Congress is being urged upon Allied by Abram F. Myers, gen- eral counsel. The points are : "To secure a Congressional inves- tigation of the negotiation, writing and (Continued on page 6) Says Theatre Guild May Make Pictures Dayton, Oct. 11. — Prediction that the Theatre Guild eventually will have to go into pictures was made by Law- rence Langner, Guild director and one of its founders, when interviewed dur- ing a one-day stopover here. "Unwillingness of actors to go on tour, plus the fact that many of the legitimate theatres are being converted into film houses will sooner or later result in the guild going into the pic- ture business. The solution will be for the guild to produce its plays on the New York stage, transfer them to the screen with the same casts, and release the pictures itself," he de- clared. Campi Passes New Assessment Plans Following modifications in the pro- ducer-distributor and exhibitor as- sessment schedules, Campi yesterday (Continued on page 6) Fox Midwest In Pool with Two Circuits Commonwealth, Grubel Join Operating Pact Kansas City, Oct. 11. — Solidifying its position in highly competitive situ- ations, Fox Midwest has effected a pool with Commonwealth Theatres here, and in Kansas City, Kan., with Grubel Bros., owners of the Electric, formerly operated by Paramount. The move involved six houses. It is understood the deal is in the form of a partnership arrangement, with a split of the profits on an equal basis. Fox Midwest is in charge of bookings and has virtually taken over operation of the competitive theatres, (Continued on page 6) Pool By Circuits Irks Sales Heads Sales heads of all major companies yesterday were reported to have met at the Hays office to discuss the buy- ing and booking tieup between the Skouras-Seider-Schwartz circuits in Long Island. The meeting yesterday followed sessions by local branch man- agers during the last two weeks. Although no action was taken at yesterday's meeting, it is understood (Continued on page 6) O'Heron Now Radio Associate Producer Hollywood, Oct. 11. — Frank O'Heron, vice-president in charge of studio operations for Radio, will be- come an associate producer at that studio Monday. His first production will be "Cape Cod." Joseph J. No- lan, assistant to B. B. Kahane, will succeed him, handling all committ- ments and agency dealings. The title of vice-president, however, will be dropped. New Orleans, Oct. 11.— The local Legion of Decency furnished an un- usual demonstration of strength when called upon to give its support to the Catholic historical picture, "Through the Centuries," which, after being Mae Writes Him Omaha, Oct. 11. — Charlie Schlaifer, publicity man for the A. H. Blank theatres, is prizing a letter purportedly from Mae West, written in red ink on orchid-colored stationery, thanking' him for photographing a number of Winnebago Indians, one of whom will be used in "Now I Am a Lady." Schlaifer made a trip to a reservation to look over prospects. La West took a fancy, she said, to the photo of one, "Howl- ing Dog." He has another name and is a college man. Files General Suit on Color Film Patents San Francisco, Oct. 11. — All pres- ent color films, including Technicolor, are an infringement of patents he ap- plied for in 1916 and obtained in 1918 and 1923, declares Leon F. Douglas, inventor, in a $20,000,000 suit he has just filed in U. S. District Court here. The suit is preliminary to other suits to be filed against Technicolor, Paramount, Walt Disney Prod., and others, assert Douglas' attorneys, (Continued on page 6) F. & M. May Lose 3 Houses in St. Louis Fanchon & Marco may lose the re- cently acquired Ambassador, Missouri and St. Louis in St. Louis, it was re- ported yesterday. Spyros Skouras, who was forced to drop the houses a few months ago, may recover them, it was stated. Both Harry C. Arthur of F. & M. and Skouras were in St. Louis yes- terday conferring with lawyers there (Continued on page 6) booked into the St. Charles opened with an attendance of 15 persons, es- tablishing a new all-time low record for an opening performance here. Harry McCloud, operator of the St. (Continued on page 6) Ask Fox Met Operators to Change Pact Hay den, Stone Offer to Hinge on New Deal The bondholders' committee of Fox Metropolitan Playhouses will sub- mit the new $4,500,000 Hayden, Stone & Co. bid for the circuit's as- sets to Skouras and Randforce with a proposal that the two operators con- sent to the drafting of new short-term operating contracts carrying provisions for cancellation in the event the Hay- den, Stone deal is not consummated within 60 days after reorganization of Fox Met, it was learned yesterday. Observers familiar with the Fox Met situation regard the committee's proposal as a definite indication that the Hayden, Stone bid is in the na- ture of an investment move on the part of the financial house and con- templates continued operation of the (Continued on page 6) Quittner Suit Is Settled By Para. Settlement of the $5,100,000 Quitt- ner anti -trust suit has been agreed upon and contracts are being drawn for submission to the Federal court for approval, it was learned yester- day. Although terms of the settlement could not be disclosed prior to the filing of the agreement with the (Continued on page 2) Big Para. Claims Go Into New Setup Approximately $48,265,000 of claims filed against Paramount Publix in bankruptcy proceedings will be dis- posed of through reorganization plans for the properties involved, it was learned yesterday. Most important of these is the Paramount Broadway claim of $44,- (Continued on page 2) Miami Studying Tax Removal on Studios Miami, Oct. 11. — The question of tax exemption for the purpose of lur- ing California film producers here was discussed at today's meeting of the City Commission. As soon as the legal department rules on whether or not this is possible some action will be taken, it was stated. Legion of Decency Comes To Rescue in New Orleans MOTION PICTURE DAILY Friday, October 12, 1934 MOTION PICTURE DAILY (Registered U. S. Patent Office) Vol. 36 October 12, 1934 No. 87 Martin Quigley Editor-in-Chief and Publisher MAURICE KANN Editor JAMES A. CRON Adi'trtising Manager Published daily except Sunday and holi- days by Motion Picture Daily, Inc., sub- sidiary of Quigley Publications, Inc., Martin Quigley, President; Colvin Brown, Vice-President and Treasurer. Publication Office: 1790 Broadway, New York. Telephone Circle 7-3100. Cable ad- dress "Quigpubco, New York.' All con- tents copyrighted 1934 by Motion Picture Daily, Inc. Address all correspondence to the New York Office. Other Quigley pub- lications- MOTION PICTURE HERALD BETTER THEATRES. THE MOTION PICTURE ALMANAC and THE CHI- CAGOAN. „ , tt • T-f Hollywood Bureau: Postal Union Life Building, Vine and Yucca Streets, V^tor M. Shapiro, Manager; Chicago Bureau: 407 South Dearborn Street, Edwin S. Clif- ford Manager; London Bureau: Remo House, 310 Regent St., London, W. 1, Bruce Allan, Representative. Cable address: "Quigpubco, London"; Berlin Bureau: Berlin-Tempelhof, Kaiserin-Augustastrasse 28, Joachim K. Rutenberg, Representative; Paris Bureau: 19, Rue de la Cour-des- Noues, Pierre Autre, Representative; Rome Bureau: Viale Gorizia, Vittorio Malpassuti, Representative; Sydney Bureau: 102 Sus- sex Street, Cliff Holt, Representative; Mex- ico City Bureau: Apartado 269, James Lockhart, Representative; Glasgow Bureau: 86 Dundrennan Road, G. Holmes, Repre- sentative; Budapest Bureau: 3, Kaplar-u, Budapest, II, Endrt Htvesi, Representa- tive; Moscow Bureau: Civtzev Vrazhek, N. 25, Apart. 146, Moscow, U. S. S. R., Bella Kashin, Representative. Cable address: Samrod, Moscow. Entered as second class matter, January 4, 1926, at the Post Office at New York City, N. Y., under Act of March 3, 1879. Subscription rates per year; $6 in the Americas, except Canada $15 and foreign $12. Single copies: 10 cents. Film Men Leave for Golf, Variety Party A number of film men here are planning a busy week-end. They leave today for Philadelphia to take part in the annual handicap golf tournament of The Philadelphia Exhibitor at the Lulu Temple Country Club, which will be followed by a dinner. From Philadelphia the contingent will continue on to Pittsburgh for the annual Variety Club dinner and the Pitt football game. Some Close, Others Open Columbia, United Artists, Univer- sal, Warners and Paramount home offices will close today at noon in celebration of Columbus Day. Fox will be closed all day. The Hays office will also be closed at noon. Major, Bertaro Leave Port Major, booker, and John Ber- taro, attorney for Fox West Coast, have left for Los Angeles, and will arrive there tomorrow. They came east on the Los Angeles clearance and zoning schedule. Miller, Silverman Here Jack Miller and Edward Silverman of the Essaness circuit in Chicago are in town on product buys. They plan to leave next Tuesday. Ampa Members Give Comedians Big Hand Comedy was the order of the day at yesterday's Ampa meeting. Milton Berle, Eddie Lambert, Patsy Flick and Eddie Davis joined to keep the crowd in stitches. The honor guest of the occasion was Jeanette Mac- Donald, whose "Merry Widow" opened last night at the Astor. Other guests included George Welt- ner, assistant manager of Paramount International ; Gus Edwards ; Mil- lard Ellison, a former district attor- ney, who is a candidate for Supreme Court judge in the Bronx; and N. L. Manheim, Universal foreign man- ager. Hal Home was guest chairman. Bert Adler will preside at next week's meeting, while Police Com- missioner Valentine will be guest chairman on Oct. 25. President William R. Ferguson told the Ampa members yesterday that the Nov. 8 meeting will be a closed one and will be devoted wholly to consideration of the proposal to ad- mit women to membership in the or- ganization. Depinet, Zohbel to Coast Ned E. Depinet, president, and Her- man Zohbel. treasurer of RKO Radio, whose planned departures for the coast were delayed a day, left yester- day. Depinet will remain at the studio about a week for production confer- ences, while Zohbel will establish tem- porary headquarters there for an extended stay. William Mallard, RKO Radio gen- eral counsel, may lease for the studio this week end, although definite ar- rangements for his departure had not been made up to late yesterday. Sign Product Deal Today Contracts between Fox, RKO, Skouras, Universal and Randforce in- volving transfer of Universal and Fox product to RKO houses are scheduled to be signed today by all parties in- terested in the agreement. Randforce will take over the Utica, Brooklyn, when the deal is signed and may keep the house closed. "Power" Gets $68,000 "Power" garnered $68,000 at the Music Hall for the week ending Wednesday night. Paramount to Show Eight French Films Paramount is readying eight French features, with native casts and dia- logue, for release in America early next month. The pictures have been produced at the company's Joinville studios during the past 18 months. A special department is planned at the home office to handle the films, which will not be released nationally, but only in French speaking localities such as those states bordering Canada and in Louisiana. Release will be gen- eral in Canada, however. The eight pictures are as follows : "Une Faible Femme," "Un Foir de Reveillon," "Cagnasse," "La Poupon- niere," "Les Asuturs," "Topaze," "Chasseur de Chez Maxim" and "Etoile de Disparait." Laemmle, Jr., Delays Trip Hollywood, Oct. 11. — Carl Laemmle, Jr., who was set to leave for the east via the Panama Canal on Oct. 20, is postponing his departure until a later date in order to have ad- ditional time for conferences with James Grainger, who is scheduled to arrive here late next week. From New York Laemmle will proceed to Europe about the end of November. Grainger will visit Universal's southern ex- changes on his return trip to New York. Velez Awarded $7,500 Hollywood, Oct. 11. — The Acad- emy adjustment committee last night awarded Lupe Velez a claim of $7,500 against William Rowland Prod, for alleged failure of the company to em- ploy her after she had signed a con- tract with a minimum three-week guarantee. The case had been before the committee for the past month. The defendant can appeal the decision to the Academy's conciliation ma- chinery or take it to the courts, which is held unlikely. Hungarian Film Opens "Mindent a Noert" ("Everything for the Woman"), produced by Danu- bia Pictures in Hungary, opens at the Tobis Theatre today. Joe Cooper in Town Joe Cooper. Publix affiliate in Den- ver, Arizona and other western points is in town. Big Board Stocks in Sharp Rise Net High Low Close Change Columbia Pictures, vtc... 39 3714 3854 +154 Consolidated Film Industries 354 354 354 + 54 Consolidated Film Industries, pfd 15 1454 1454 + 54 Eastman Kodak 102M 10154 10254 +154 Fox Film "A" 1354 125^ 1354 +154 Loew's. Inc 31 28?4 3054 +15* Paramount Publix 45-2 45^ 456 — 54 Pathe Exchange Ws 154 +54 Pathe Exchange "A" 1454 1354 14 +1 RKO 254 2H 254 +54 Warner Bros 554 5 S^g + V% Technicolor Only Curb Stock Net High Low Close Change Technicolor 1354 1254 13 + Ji Para. F. L. Bonds Advance 7% Points Net High Low Close Change General Theatre Equipment 6s '40 754 7 754 +54 General Theatre Equipment 6s '40, ctf 7 6?4 7 +54 Loew's 6s '41. ww deb rights 10254 102 10234 — 54 Paramount Broadway 554s '51 40 3954 40 — 54 Paramount F. L. 6s '47 59 57'/, 59 +154 Paramount Publix 554s '50 59 5754 59 +154 Warner Bros. 6s '39, wd 6154 60 60 + $4 Sales 3,400 1.000 1,900 1.900 4,400 31.700 19,800 5.600 3.000 5,300 12,100 Sales 2,800 Sales 11 Big Para. Claims Go Into New Setup {Continued from page 1) 000,000. A reorganization plan for this property has been completed and is awaiting creditor and court ap- proval. In the same category are Paramount Properties, a claim based on the bonds of which has been filed in the amount of $2,750,000 ; the Pru- dence Co., with claims of $786,255 on a Jacksonville, Fla., theatre property, and of |602,113 on a St. Petersburg theatre property, and the Samuel and Nathan Goldstein Chicopee Theatre mortgage of $127,500. Among claims under investigation on their merits by Paramount Publix trustees are those of Sam Katz for $265,498, and of John Balaban for $8,263. The claims of Jesse Lasky for $282,000 will be heard by a spe- cial master, while those of Sidnev Kent for $65,000 and of John D. Clark for $16,033 may be submitted to settlement negotiations. Quittner Suit Is Settled By Para. (Continued from page 1) court, it is understood that the set- tlement will not be for a large amount and is not considered by the plaintiff. Joseph Quittner, to be a satisfactory one. Quittner is approving the terms, however, as it is his desire to end the litigation. His father, the late Ed- ward Quittner, was the original plaintiff. Paramount is also negotiating set- tlements of two other anti-trust suits pending against it, one of which, that filed by E. M. Loew of Boston for triple damages of $5,099,000, may in- volve a large amount. A special mas- ter assigned to hear testimony in the case last year reported a recommen- dation in favor of Loew of more than $200,000 damages. Final judgments in anti-trust cases are trebled. "Widow" Gets Start Before a Big Crowd M-G-M started "The Merry Widow" last night at the Astor with one of those Hollywood openings that required the aid of police to hold back the crowds. Flood lights were numerous. Mounted police had to ride on the sidewalk to keep the crowd from blocking traffic. Major Edward Bowes greeted the celebrities as they arrived in the lobby in front of a WHN microphone and introduced Jeanette MacDonald, who co-stars in the picture with Maurice Chevalier; Ernst Lubitsch, the director; Douglas Fairbanks, Adolph Zukor, Harold B. Franklin, Helen Hayes and many others. The broadcasting started at 8:30 and con- tinued for an hour. "The Merry Widow" was reviewed in the Motion Pictuke Daily on Sept. 4. Stern Finds N. Y. Pickup Returning from a short trip to Buf- falo, Charles Stern, assistant to Al Lichtman, general sales manager and vice-president of United Artists, states business in upstate New York is picking up. All houses are open and theatres doing business, he said. S S pROM the private notebook of a famous Coast columnist... comes this laughing lowdown on a couple of Hollywood upstarts . . . who start up the ladder to fame . . . and climb into a storm center of comic complications. .. ;= • vv if. NIGHTS IN HOLLYWOOD JAMES DUNN ALICE FAYE Mitchell and Durant John Bradford Produced by Sol M. Wurtzel Directed by George Marshall Based on a book of short stories by Jimmy Starr Screen play by William Conselman and Henry Johnson ALICE FAYE SINGS AGAIN ...£«^_M0RE SO! WATCH MARIE GALANTE Secret councils of great nations dispatched this grim coi mand . . . and hidden "eyes" saw danger in every move this lonely girl . . . too innocent to know her own allure "WATCH KETTI GALLIAH Industry insiders privileged to witness the completely fascinating performance of this magnetic personality have tipped the word to fellow showmen. Soon the word will spread to all the world! <4aKwtt£ \ A / I f U» or with SPENCER TRACY KETTI 6ALL1AN NED SPARKS HELEN MORGAN SIEGFRIED RUMANN LESLIE FENTON ARTHUR BYRON JAY C. FLIP PEN & STEPIN FETCHIT Produced by Winfietd Sheehan Directed by Henry King Screen play by Reginald Berkeley Based on a novel by Jacques Deval MOTION PICTURE DAILY Friday, October 12, 1934 Ask Fox Met Operators to Change Pact (Continued from page 1) circuit by Skouras and Randforce. The Skouras brothers have been on the friendliest terms with John Dillon of the Hayden, Stone house for years. It is well known that the Fox Met bondholders' committee has long been anxious to liquidate its claims and re- tire from the Fox Met picture at the earliest possible date. The stumbling block to a sale of the circuit's assets which would permit this has been the long-term operating contracts held by Skouras and Randforce. These con- tracts have discouraged other theatre operators from bidding for the circuit and the impossibility of settling the contracts on a profitable basis is un- derstood to have been a major factor in the withdrawal of Loew's from the joint $4,500,000 bid made for the cir- cuit in conjunction with Warners last summer. Objective of Committee If Skouras and Randforce accept the committee's proposal and agree to new short-term contracts with cancellation provisions in place of those they now hold, the committee will have accom- plished its sole objective, for, even though the Hayden, Stone deal is not consummated thereafter, the commit- tee would be in a position to cancel the existing operating contracts and thereby clear the way for the submis- sion of new bids by outside theatre operators. Moreover, observers agree, if Skouras and Randforce do accept the committee's proposal the accept- ance would be a definite indication that the two would continue operations for Hayden, Stone in the event of a deal being consummated. It is understood that the Hayden, Stone offer contemplates foreclosure on Fox Met assets and a reorganiza- tion of the company by the bond- holders' committee, rather than a pur- chase of the Fox Met bonds by Hay- den, Stone with the investment house proceeding with its own reorganiza- tion. After the bondholders commit- tee has foreclosed and reorganized, an outright sale of Fox Met to Hayden, Stone for $4,500,000 would be nego- tiated, it is contemplated in the offer. Hence the committee's desire to pro- tect itself by having the right to can- cel the operators' contracts if the sale to Hayden, Stone is not consummated within 60 days after the reorganiza- tion. Blumenthal to Be in Court, Says Burkan A. C. Blumenthal, who ignored a subpoena to appear at a Federal court hearing Tuesday on an action to dis- miss a petition for reorganization of Fox Theatres on the grounds of bad faith, will be present at the next hear- ing, Oct. 18, before Judge Martin T. Manton, it was learned yesterday. Nathan Burkan, attorney for Blu- menthal, has agreed to produce his client on that date, the court has been advised. Judge Manton, on Tuesday, agreed to issue a bench warrant for Blumenthal on the request of Archi- bald Palmer, counsel for a Fox Met Legion of Decency Comes To Rescue in New Orleans bondholders' group who is pressing the action for dismissal of the Fox Theatres' reorganization petition. The latter corporation owns all of the com- mon stock of Fox Met. In his action, Palmer charges that Fox Theatres has no other assets of value and that the reorganization petition is brought in bad faith in an endeavor to realize on Fox Met assets. Fox Midwest Joins Pool with 2 Chains (Continued from page 1) with the management intact. The ar- rangement does not involve current leases held by Commonwealth, it is said. The pool involves the Warwick and Vista, Fox neighborhoods, and the Madrid and Benton, the Common- wealth contribution, in Kansas City, Mo., and the Fox Granada and the Electric in the Kansas city. Main ob- ject of the pool was to control book- ings, as for the last two years or so competitive neighborhoods have been playing the same pictures day-and- date, which has not proved the best course. The plan is to play a weak picture against the big attraction. The Fox-Commonwealth pool also makes possible control of prices, and it was authoritatively said that "bar- gain nights" will be eliminated as un- necessary under the new arrangement. Double bills, however, will probably continue occasionally as in the past. The pool gives Fox complete con- trol of the first run situation in Kan- sas City, Kan. The present plan is to book the major attractions into the Electric, which is larger than the Granada. Pool By Circuits Irks Sales Heads (Continued from page 1) that the sales managers will consult attorneys of their companies before deciding whether or not to sell the three circuit pool. Joseph Seider already has pur- chased Warners-First National, Fox and M-G-M for the Prudential-Casey & Wheeler circuits. Individual territories are tied to- gether, but there is no interlocking agreement. The Skouras theatre in Hempstead is joined together with Prudential's Freeport house in one deal ; Prudential's Huntington Sta- tion unit is pooled with A. H. Schwartz's house in Huntington ; Seider's Floral Park is tied in with the Schwartz theatre in Queens Vil- lage ; Seider and Schwartz each have a house in Riverhead which are pooled ; Skouras' Glen Cove, Lyn- brook and Valley Stream houses are in with the Schwartz's Rockville Cen- ter units. It is understood that the lawyers of the various distributing companies will meet today to further discuss the matter. Jules Buffano Married Portland, Oct. 11. — Jules Buffano, orchestra leader, has been married to Sue Lancier, artist. (Continued from page 1) Charles, appealed to Legion of De- cency leaders for support of the Beacon Films' production, which, he pointed out, had been produced en- tirely under Catholic supervision, treated of Catholic church history and, seemingly, met all standards of the Legion of Decency. Archbishop John M. Shaw, apprised of the situation, declared: "If we per- mit this film to fail the Legion of De- cency might as well disband. It is the duty of every Catholic man, wo- man and child to see it." The Legion immediately went into action, calling upon its members to support the film and making special appeals through Catholic churches and schools here. The response was imme- diate, McCloud reports. The picture has been playing to capacity all this week. Police have been required to handle overflow crowds and 20,000 admissions have been contracted for in advance, it is said. McCloud reports the picture will be held indefinitely. Allied Lines Up on Congress Campaign (Continued from page 1) administration of the motion picture code. "To secure a modification of the copyright laws which will curb the monopolistic power of the American Society of Composers, Authors and Publishers. "To secure the enactment of an anti- block booking law similar to the so- called Brookhart bill." In the latest Allied bulletin Myers urges members to secure copies of the M. P. Research Council's booklet, "Questions and Answers Concerning Compulsory Block Booking and Blind Selling in the Distribution of Motion Pictures" and to use its contents in contacting congressmen and senators. Views of members are being sought as to the desirability of holding a meeting of the board of directors of the national organization in New Or- leans during December. Drafts of a new constitution will be circulated soon, the bulletin states. F. & M. May Lose 3 Houses in St. Louis (Continued from page 1) on the theatre situation. Skouras is due back in New York today by plane while Arthur leaves St. Louis this afternoon for Los Angeles, where he will confer with Mike Marco on the F. & M. west coast situation. Arthur returns to New York in about 10 days. Marion Davies to Leave Marion Davies leaves for the coast next week. She is now conferring with E. B. Hatrick on her two stor- ies for the 1934-35 Cosmopolitan schedule. May Attend Premiere Hollywood, Oct. 11. — Dolores Del Rio expects to leave for New York shortly to attend the opening of "Ma- dame DuBarry" at the Strand there. Files General Suit on Color Film Patents (Continued from page 1) Charles E. Townsend and William A. Loftus. Douglas claims that he began ex- perimenting with color films in 1912 and made his first application for patents four years later. The proc- esses now used by Fox, Paramount and Technicolor, he declares, are based on principles which he discov- ered. Douglas says he owns more than 50 patents, but these cover many things other than color films. He was one of the organizers of the Victor Talking Machine Co. His inventions, he says, include one mak- ing submarine pictures possible. In 1917, Douglas states, he made a color film at his own expense with Douglas Fairbanks, Mary Pickford and Charles Chaplin which was used in a Red Cross drive. His photo- graphic principles, he says, are based on the use of two prisms, one filtering red light rays onto film and the other green rays. From the two negatives thus obtained, he explains, a posi- tive print is made on film treated with emulsion on both sides, one for the red and the other for the green tones. Reels Anxious Over Pictures of Slaying (Continued from page 1) vanced for the government's action was its fear that the film might create the impression the authorities were lax in safeguarding the monarch. The order came out of a clear sky and the pictures were seized summarily, it was said. Pathe stole a march on the other reels, it was learned from an official of the reel, when the film taken by its cameraman was permitted to be shipped out of the country just before the censorship order was issued. It is expected to reach here next week. Some of .the newsreel officials ex- pressed fear that none of the film would ever be released. Campi Passes New Assessment Plans (Continued from pane 1) adopted the finance levies and today will send them to the Department of Research in Washington. George G. Hunter has joined Campi's legal staff, assisting Tyree Dillard, Jr., at appeal hearings and in drafting of decisions. Division Administrator Sol A. Ro- senblatt did not discuss the Hollywood situation, as he was expected to do. Attending the session were Walter Vincent, chairman ; Charles L. O'Reilly, Nathan Yamins, Gordon Youngman, Felix Jenkins, Neil Ag- new. Jr., J. Robert Rubin, Harold S. Bareford, Willard McKay and Ed- ward Golden. Herron Back at Desk Frederick L. Herron, treasurer and in charge of the foreign department of the Hays office, has returned from a combination vacation and business trip that took him to the coast and to Mexico City. CONGRATULATIONS on the first issue. The President saw it and was greatly interested! —STEPHEN EARLY ASSISTANT SECRETARY TO THE PRESIDENT "I feel sure that great public approval will attend this effort*" —MAYOR ANGELO J. ROSSl> SAN FRANCISCO y Heartiest congratulations. A distinct achievement in un- usual and entertaining presentation of the news and a great step forward in the newsreel field." —Darryl Zanuck, Los Angeles << It is one hundred percent better as to news value and en- tertainment. After watching audience reaction I feel justi- fied in saying you have delivered to exhibitors all and more than you promised. It is a step forward in newsreel presentation." —Robert T. Smith, West Coast Theatres "I congratulate Hearst Metrotone on its first issue. Excel- lent choice of subjects and vivid manner in which they are pictured and the splendid comments of Edwin C. Hill combine to make this newsreel of exceptional value. This is real drama." —Mayor Frank L. Shaw, Los Angeles "I have seen your first news release with Edwin C. Hill and desire to congratulate the people of this country in having so able and fearless a presentation of world events. Your service has every evidence of being a careful and complete summary of matters of real public interest." —James M. Curly, three times Mayor of Boston HEARST METROTONE NEWS starring EDWIN C. HILL The Globe Trotter (An Editorial Reprinted by Kind Permission of BOX OFFICE) Blazing New Trails IN ADVERTISEMENTS we've seen the M-G-M trademark lion, Leo, portraying the roles of Trader Horn, Santa Claus, Mr. John K. Exhibitor and others. But now he has assumed, literally, the role of a trail blazer, designed to benefit on a large scale the motion picture industry. Along the ribbon- stretched highways of the nation, going East, West, North and South, you'll see 24-sheet boards drawing public attention to M-G-M pictures. On city streets in the most strategic locations these M-G-M 24- sheets are also in evidence. In leading fiction, style and other magazines M-G-M brings forceful sales messages in full- page displays into the homes of the American people; and through the local newspapers it ties its messages directly to the local show- ings of its productions. Coupled with billboard, newspaper and magazine advertising M-G-M is continuing the tours of its already extensively-traveled Traveling Studio, creating interest, building good will, not alone for M-G-M, but for all motion pictures. During the depression years M-G-M has maintained a force of able exploitation men. They have worked hand in hand with exhib- itors, planting publicity stories with news- papers, effecting co-operative tie-ups with merchants, securing free time on radio broad- casts, making and placing window displays and other picture merchandising helps. The screen has been given new life through great improvement in product. That's one es- sential to success in theatre operation. Selling —advertising, exploitation, merchandising— is another highly important essential. Even the best pictures don't sell themselves. And, too, many an average picture can be turned into a winner if it is properly sold. When public interest lags, it has to be revived. When people stop buying theatre tickets, showmen go out and bring them to the ticket windows. Exhibitors have done the job in a limited way. But, as it is necessary in all big and successful merchandising cam- paigns, the manufacturer of a product must blaze the trail, charting it through courses that the individual retailer cannot take alone, yet which are beneficial to him. Already the public is reacting to the initial blasts in the M-G-M campaign. Witness the success of the first three pictures to receive this extensive exploitation, namely, "Chained," "Treasure Island" and "The Barretts of Wimpole St." New trails are being blazed to the ticket windows of the nation. (Signed) BEN SHLYEN, Editor of Associated Publications The Leading Newspaper II of, the Motion, j Picture Industry MOTION PICTURE DAILY Alert, Intelligent and Faith full Service to' the Industry in All Branches VOL. 36. NO. 88 NEW YORK, SATURDAY, OCTOBER 13, 1934 TEN CENTS Warner Sees Patent Ruling Theatre Peril Declares Fox Victory Creates Big Problem Philadelphia, Oct. 12— Harry M. Warner, head of Warners, struck a serious note at the sixth annual golf tournament and dinner - dance spon- sored by the Philadelphia Exhibitor today when he stated that the U. S. Supreme Court's refusal this week to grant a rehearing in the American Tri-Ergon patent case had created one of the most serious situations that exhibitors have ever faced. He prophe- sied that vital changes in the sound picture might be expected in the future as a result of the court's action in upholding William Fox's contention that double prints and flywheel patents controlled by him had been infringed upon. There were 70 entered in the tourna- ment, while the attendance at the din- ner-dance in the evening was 200. The tap golfer was Johnny Bach- man. Thirty prizes were awarded. (Continued on page 3) Warners Cut Scales In Milwaukee Spots Milwaukee, Oct. 12. — Warners have announced new low prices for the Venetian, Egyptian and State, local neighborhood houses, with adults ad- mitted for 15 cents every Saturday until 6 P. M. and every Sunday until 5 P. M. The circuit is now playing twin bills at both its Egyptian and State. A number of state cities have also gone in for dual features on a big scale and in Green Bay the Bay The- atre is offering five acts of vaudeville with two first run flickers every Fri- day, Saturday and Sunday. After several postponements the Strand will be opened Saturday by Warners on a 25c-35c scale with dual bills. Tussle Over Duals Continues to Rage Cleveland, O., Oct. 12. — An appli- cation to intervene in the case of the Center Woodland Amusement Co. against the Family Theatre in which Common Pleas Judge Alva Corlott last week granted a permanent in- junction restraining the Family from showing duals, was filed by Lawrence Rich, attorney, representing Morris (Continued on pane 3) Hays Tells Catholic Meeting Films Purged by Church Drive The belief that the church drive against objectionable pictures has "wiped sin and shame from the screen" was expressed by Will Hays, M. P. P. D. A. head, in a letter read yesterday at the 11th biennial convention of the International Federation of Catholic Alumnae at the Waldorf-Astoria. "Current motion pictures," added the letter, "are meeting with an encouraging public response. "You have been, perhaps, the most severe of all the groups in your appraisal of pictures, but always your criticism has been specific and you have brought the weight of your opinion directly to the makers of pictures." Competition to Determine Protection, Campi Holds Theatres not in competitive zones cannot have protection over one an- other, Campi has decided after a heated discussion on this topic at Thursday's meeting. Some members of Campi held that theatres in zone "A" could have clear- ance on houses in zone "B" provided the proximity warranted. However, this idea was vetoed and the original plan stands as is. The Chicago clearance and zoning schedule was turned back to the local board on the ground that it violates all the principles for setting up sched- ules. This was the only general sched- ule discussed by Campi and now it goes back to the Windy City for an airing. Joe Levinson won his protest when Code Authority held that Brookline, (Continued on page 3) Plan Protest Over Dubinsky's Tenure Kansas City, Oct. 12. — Exhibitors in St. Joseph, Mo., are preparing to demand that Irwin Dubinsky be dis- qualified from serving on the local clearance and zoning board when their clearance schedule comes up for re- vision next Monday. The protest, it is said, will be on the ground Dubinsky Bros.' houses in St. Joseph are involved. While the setup originally drafted for St. Joseph is satisfactory to the opposition, Du- binsky has objected, claiming it does not allow his first runs adequate pro- (Continned on page 3) Code Regulations on Extras Take Effect Washington, Oct. 12. — No protests having been lodged, the regulations on extras were made effective today by the National Recovery Administration. These regulations were submitted by the extra committee last month and (Continued on page 3) All Hands Deny St. Louis, Oct. 12.— Harry C Arthur of F. & M. and Thomas Dysart of the bond- holders' committee today ve- hemently denied reports that the F. & M. circuit would lose the Missouri, Ambassa- dor and St. Louis. The report had it that the houses may revert to Skou- ras, who recently was forced to vacate from the trio. F. & M. has 10-year leases on the three houses with $105,000 up as security. Jack Partington of the lo- cal F. & M. office yesterday added his to the St. Louis denials, declaring the reports "just a pack of lies." Spyros Skouras, who has been in St. Louis, returned yesterday by plane. Milwaukee Operator Scales Are Boosted Milwaukee, Oct. 12. — After weeks of dickering, exhibitors and the Mo- tion Picture Projectionists' Union, Local 164, have arrived at an agree- ment for new wage scales retroactive to Sept. 1, when the old contract ex- pired. The new scale provides for an increase ranging from 10 to 14 per cent, depending upon classification of the theatres. The increase in Class 1 houses is about 10 per cent with booth cost set at $341.88 per week, while the percent- age of ante for Class 5 is similar with booth costs at $57.75 per week. Houses in Class 1(a) are subject to the largest boost, with booth cost at $285, (Continued on page 3) Assessments Again Turned DownbyNRA Revisions Suggested — May Be Set Monday Washington, Oct. 12. — Despite the fact that the code finance com- mittee, consisting of S. R. Kent, Har- old S. Bareford and Edward Golden, approved the revised producer-distrib- utor assessment schedule, the NRA Division of Research and Planning has turned it down for a second time. The NRA has made certain recom- mendations for revision in a letter to Campi and it is understood that the changes will be made by Monday. All major companies had approved the plan and practically all of the in- dependents agreed to it, but the NRA committee here would not accept it on the grounds that the formula for ba- sic rates, based on gross business, is unfair to the small producer and dis- tributor. It is apparent to Washington forces that the plan is wrong in the abstract and theory. It has been sent back for a third time. With the NRA turning the sched- ule down, the move is considered (Continued on page 3) Local Pool Aired In Second Meeting Local exchange managers yester- day met with Louis Nizer, executive secretary of the New York Film Board of Trade, and discussed the three-cornered pooling arrangements on Long Island between A. H. Schwartz, George Skouras and Joseph Seider. Reports were current that Springer & Cocalis may enter the pool with the booking-buying plan being extended to Brooklyn. No action was taken and another meeting will be called shortly. "Barretts" in 2nd Week Does $46,000 "The Barretts of Wimpole Street" continues to hold to good patronage at the Capitol, garnering $46,000 in the second week. The Paramount fell off considerably on the third and last week of "Belle of the Nineties," gross- ing $28,000. "Peck's Bad Boy" didn't hit the $33,000 expected at the Roxy, but came close to it with a $29,000 take. Both the Roxy and the Capitol hold over. MOTION PICTURE DAILY Saturday, October 13, 1934 MOTION PICTURE DAILY (Registered U. S. Patent Office) Vol. 36 October 13, 1934 No. m Martin Quigley Editor-in-Chief and Publisher MAURICE KANN Editor JAMES A. CRON Advertising Manager Published daily except Sunday and holi- days by Motion Picture Daily, Inc., sub- sidiary of Quigley Publications, Inc., Martin Quigley, President; Colvin Brown, Vice-President and Treasurer. Publication Office: 1790 Broadway, New York. Telephone Circle 7-3100. Cable ad- dress "guigpubco, New York." All con- tents copyrighted 1934 by Motion Picture Daily, Inc. Address all correspondence to the New York Office. Other Quigley pub- ication7: MOTION PICTURE HERALD, BETTER THEATRES, THE MOTION PICTURE ALMANAC and THE CHI- CAGOAN. . „ ■ r -f Hollywood Bureau: Postal Union Lite Building, Vine and Yucca Streets, Victor M. Shapiro, Manager; Chicago Bureau: 407 South Dearborn Street, Edwin S. Clif- ford, Manager; London Bureau: Remo House, 310 Regent St., London, W. 1, Bruce Allan, Representative. Cable address: "Quigpubco, London"; Berlin Bureau: Berlin-Tempelhof, Kaiserin-Augustastrasse 28, Joachim K. Rutenberg, Representative; Paris Bureau: 19, Rue de la Cour-des- Noues, Pierre Autre, Representative; Rome Bureau: Viale Gorizia, Vittorio Malpassutt, Representative; Sydney Bureau: 102 Sus- sex Street, Cliff Holt, Representative; Mex- ico City Bureau: Apartado 269, James Lockhart, Representative; Glasgow Bureau: 86 Dundrennan Road, G. Holmes, Repre- sentative; Budapest Bureau: 3, Kaplar-u, Budapest, II, Endre Hevesi, Representa- tive; Moscow Bureau: Civtzev Vrazhek, N. 25, Apart. 146, Moscow, U. S. S. R., Bella Kashin, Representative. Cable address: Samrod, Moscow. Entered as second class matter, January 4, 1926, at the Post Office at New York City, N. Y., under Act of March 3, 1879. Subscription rates per year; $6 in the Americas, except Canada $15 and foreign $12. Single copies: 10 cents. Temporary Film Shift Philadelphia, Oct. 12. — For the first time since United Artists and Warners started joint operation of the Aldine, a non-United Artist film is booked. "Madame Du Barry" went into the house Thursday, replacing "Our Daily Bread." Booking, how- ever, marks no drastic change of pol- icy. The house returns to U. A. with its next film, "Today We Live." Feist to Honolulu Felix F. Feist, general sales mana- ager of M-G-M, sails on the Santa Elena today for Los Angeles, en route to a vacation in Honolulu. He will return to San Francisco about mid- November and resume duties from that point, visiting the studio and exchange points on the way east. Zapp Joins Trendle Detroit, Oct. 12.— Henry Zapp, one of the partners in Monarch Films here for the past three years, has accepted a post as buyer for the United Detroit Booking Service, formed by George W. Trendle. Zapp fills the berth for- merly occupied by Arthur M. Elliott, recently resigned. Chaplin Starts Picture Hollywood, Oct. 12.— Charlie Chap- lin started shooting his latest produc- tion today and the first scene was made with Chaplin directing himself and Paulette Goddard, who has the feminine lead. Power {Gaumont British) American — Another marvelous motion pic- ture has come across the sea to complete with its tragedy the trinity begun with the comedy of "Henry the Eighth" and the ro- mance of "Catherine the Great." Under its new name, "Power," the drama of "Jew Suss" stands shoulder to shoulder with this company as one of the mightiest movies ever filmed. In conception, in production, in portrayal and direction it ranks with the most memorable creations in the new medi- um. Daily Mirror — ***a distinguished and im- pressive picture in "Power" which matches any of Hollywood's "epics" in magnitude, force and drama. It is brilliantly played by a great cast, headed by Conrad Veidt, who gives the performance of his career. Grip- ping and narrowing, "Power" is a film for adults***. Daily News — ***an impressive picture***. But it is a heavy picture weighted with the burdens and injustices of a people who strive in humility and sorrow for a place of equal- ity among their fellow men. Conrad Veidt's performance is finer than anything he has heretofore done on the screen***. Evening Journal — The film is interesting its depiction of the pomp and pageantry of the eighteenth century. It is lavish in costumes, opulent in period decoration and stunning in backgrounds. Pictorially, it is succession of unusually handsome tableaux. In the way of story, the film is a serious and stately series of episodes***. Conrad Veidt, one of the screen's ablest actors, plays the principal role with force and dignity. Herald Tribune — It does not, I think, take full advantage of its rich and impressive dramatic opportunities. Nevertheless this latest English photoplay importation is dig- nified, striking and ambitious, and, although its narrative often falters, it never fails to be intelligent and arresting. Post — ***has the fatal earmark of an un- restricted budget; certainly in this Gaumont- British production no expense has been spared, and the result is lavish enough to squeeze much of the life from the acting and the sense from the continuity***. Indeed, the stately quality of the film and its lack of a centralized story work a par- ticular hardship on Conrad Veidt, whose assumption of the role of the power-ridden Jew Suss is virtually negated by the pro- fuse pageantry which surrounds him. Sun — It is a shrewd and penetrating char- acter study, the story of a man driven by ambition to destroy everything he loved and, in the last, himself.*** This is a strong and moving drama, pro- duced lavishly both as to cast and settings. The gallant and terrible ending might have been heightened by a more vicious portrait of Suss in his days of power. "Power" is still a compelling production. Times — Since "Power," under the un- wieldy direction of Lothar Mendes, divides itself rather neatly into historical tableaux, it is no less than justice to isolate this lov- ingly photographed episode as the most strik- ing part of a film which is always a little less than brilliantly convincing. What effectiveness there is in this pageant of Reb Joseph Suss Oppenheim and the eighteenth-century court of the Duke of Wuerttemberg must be credited to Conrad \ eidt.*** Thus Mr. Veidt stands out as almost the sole merit of a photoplay which is muddy in its development and ornately uninspired in its general arrangement. W orld-Telegram — Although "Power"***is a dignified and lavish production, I find my- self unable to rise and cheer for it with any honest enthusiasm. I am willing to respect the compelling things it tries to say and honor the earnestly picturesque job of staging that has gone into it. But don't ask me to say I have liked it. or to say anything more than that it is theatrically lavish but dull. Charles H. Bur key Buried About 200 persons, mostly from the industry, attended funeral services for Charles H. Burkey, veteran exhibitor, who died of heart disease. Active pallbearers were Jay Means, who succeeded Burkey as president of the I.T.O.; Arthur Cole of Par- amount ; William Warner, Warner branch manager ; Harry Taylor, Co- lumbia branch manager ; R. R. Bie- chele, secretary of the K.M.T.A., and C. A. Schultz. president of Common- wealth Theatres. Ward Robertson Dead Kansas City, Oct. 12. — Ward C. Robertson, in the theatre business in this territory 27 years and former manager for Fox Midwest in Kansas, is dead. He managed theatres in Hutchinson, Kan., Springfield, Mo., Pueblo, Colo., Pittsburg, Kan., and other cities and was. 60 years old. Gets New Dickens Yarn Hollywood, Oct. 12. — Favorable preview notices on "Great Expecta- tions" have prompted Universal to as- sign direction of "The Mystery of Ed- win Drood" to Stuart Walker. Ed- mund C. Grainger is the supervisor. Epstein in from West Dave Epstein, coast agent, arrived from Hollywood by air yesterday to confer with Michael Balcon of Gau- mont British on talent deals. He will be here only a few days and then re- turn west. Pete Smith Back Hollywood, Oct. 12. — Pete Smith returned todav by plane from the east where he has been vacationing. He is sick with what he calls a "New York stomach." Dinner for Sophie Tucker The American Federation of Actors will give Sophie Tucker a banquet at Mecca Temple Casino, Nov. 3, at 11 P. M. The "red hot mama" is sailing from Southampton on the Manhattan. Oct. 25. and will be in New York Nov. 1. Twelve toastmasters will officiate at the banquet. Eddie Cantor and George Jessel have already signified their in- tention of being present. Reopens Detroit House Detroit. Oct. 12.— Joseph Portell, operator of the Greenwood, opened his recondition, revamped Virginia in the northern section of the city today The house has been closed three months and Portell has installed new projec- tion and sound equipment, new seats and a new front. The house now seats 600 and is now deluxe. Ellison Is Candidate Millard H. Ellison, a brother-in- law of Felix Feist, M-G-M sales manager, is now a candidate for Jus- tice of the Supreme Court on the Re- publican, City Fusion and Recovery Party tickets. Ellison is a well known attorney and was assistant district at- torney, New York County, from 1910 to 1916. Fox to Make "Inferno** Hollywood. Oct. 12. — Fox plans to film Dante's "Inferno" in Technicolor with production to start Nov. 5, un- der the direction of Harry Lachman. Binkov Expanding Jimmy Binkov, operating the Tem- ple, Union City, N. J., has taken over the Pastime, same city. i Purely Personal ► GENE LOCKHART, stage come- dian who appeared in the Theatre Guild production of "Ah, Wilderness," has been signed to a long term con- tract by Radio. Mrs. Sam Liggett, wife of the Co- lumbia executive, is recovering from an operation at the Presbyterian Hos- pital in Medical Center. Cross and Dunn, night club sing- ers and radio entertainers, start work next week on a Vitaphone short at the Brooklyn plant. Boe O'Donnell has returned to Dallas after a few days here con- ferring with Publix home office executives. R. M. Hatfield, Erpi's managing director in England, will be here for another month on his annual home visit. Dorothy Dolan, former stage in- genue recently signed to a long term contract by Fox, is off for Hollywood. Jeanette MacDonald returned to the coast yesterday after the opening of "Merry Widow" at the Astor. Morris Segal of Majestic, Cleve- land, arrives Monday for conferences with E. H. Goldstein. John Boles leaves Monday for a motor tour of New England, accom- panied by his wife. Harry Asher of the Majestic ex- change in Boston is due in town next Wednesday. Ona Munson gave a cocktail party for Erxst Lubitscii at the Lombardy yesterday. E. Boreth of Masterpiece Attrac- tions. Philadelphia, arrived in town yesterday. John Meyers of London Films will return to these shores in six months. Joe Plunkett is now in London in the course of an extended trip. Ketti Gallian sailed for France on the Berengaria the other day. Kay Francis expects to leave for the coast late next week. Moe Streimer is back from a trek upstate on U. A. business. Leon Schlesinger returns to the coast on Tuesday. Dave Chatkin is in town from Cleveland. J. Walter Rubin, M-G-M director, is in town. Jules Michaels has returned to Buffalo. Bailifs Swing Ends Hollywood, Oct. 12. — Tom Baily is back from a tour to key cities where he visited editors for the purpose of lining up new angles on publicity copy and art. Para. Re-Signs Three Hollywood, Oct. 12. — Paramount has renewed contracts on Randolph Scott, Lou Sheridan and Colin Tatley. Sten Title Changed Hollywood, Oct. 12. — The title of Anna Sten's next picture for Samuel Goldwyn has been changed from "Broken Soil" to "The Wedding Night." turday, October 13. 1934 MOTION PICTURE DAILY Assessments Again Turned DownbyNRA (Continued from page 1) rather surprising in that Golden, rep- resenting independents, had approved 'the plan. He was added to the finance committee after a group of inde- pendent forces attacked the original 5chedule. Some NRA officials, while not out- spoken, are reported beginning to sus- pect some code interests as "stalling," since it is held that they can submit as many plans as they wish and have them rejected. In time, it is stated, they will get together on a plan that is equitable to all interests. The exhibitor second half assess- ment plan was accepted by Campi and is being sent to the Division of Re- search and Planning. Division Administrator Sol A. Ro- senblatt returned today after a gruel- ling code session in New York yes- terday. It is reported here he will get a high post in the new three-division setup to replace the NRA. From ac- counts here, it is rumored he has been offered any job he wants in the new scheme of things and his intention is to see the theatrical codes through to the end. Plan Protest Over Dubinsky's Tenure (Continued from pope 1) tection. Dubinsky's protest was the only one sent to Campi, which re- turned the original schedule for re- vamping. Zoning board members are speculat- ing on whom to ask to serve as un- affiliated first run representative in case the exhibitors carry out their in- tention to protest Dubinsky. There is no other exhibitor in Kansas City eligible, and a substitute will have to be brought in from out of town, if a willing exhibitor can be found. Dubinsky became a member of the board when A. F. Baker, manager of the Electric, Kansas City, Kan., re- signed as unaffiliated first run mem- ber following completion of the pool I involving his house and the Fox I Granada. Competition to Determine Protection, Campi Holds "Perfect' Short Dallas, Oct. 12.— "La Cu- curacha" has been booked after its fourth private screening by the Majestic as the "perfect short sub- ject" for the theatre's per- fectly balanced program Oct. 20. Booking was held up because of the price. "La Cucuracha" will share the program with "Mrs. Wiggs of the Cabbage Patch." Pittsburgh Ad Case Certified to Campi Pittsburgh, Oct. 12. — Acting as an Industrial Adjustment Agency in the complaint filed by H. B. Siegel of the Princess, Erie, against the Palace, Erie, the local grievance board failed to arrive at a decision in a premature advertising case and certified the com- : plaint to Campi for hearing. A. Bellette of the Grand, Fredericks- town, Pa., won a decision over the American, Vestaburg, Pa., when the local clearance board reduced the clear- ance of the American over the Grand from 21 to 10 days. tonomy be extended in the settlement of local problems in spite of the code requirements that a 75 per cent vote should govern giveaways and other controversial subjects. A majority rule should be sufficient, they contend. At the first meeting it was voted that theatres should be allowed two iveaways a month. The City Council has withdrawn its ban on theatre drawings. The new ordinance became a law when the mayor failed to act upon it after its passage. Officers of the new organization are President, Rick Ricketson; vice-presi- dent, H. A. Goodridge; treasurer, Frank Culp ; secretary and counsel, Emmett Thurmon ; directors, Ricket- son, Goodridge, B. J. Hynes, B. D. Cockrill, A. P. Archer, Buzz Briggs and E. W. Kerr. New Code Group Named Hollywood, Oct. 12. — A standing committee for freelance players mak ing less than $150 weekly has been ap pointed by Campi here. Its personnel consists of C. H. Vanderlip, vice-pres ident of Bank of America, who will represent the public ; Charles Hub- bard, personnel manager at Universal, representing producers, and George Hays, representing players. (Continued from page 1) Boston suburb, goes into an inde- pendent zone. The case was heard by the Boston clearance and zoning board and later heard by an appeal committee here. In actuality, the de- cision is a loss for Paramount which fought to have Brookline included in the Boston zoning area. The Fleetwood-Forum-Victory clear- ance case in New York was deferred again. Loew's expects to work out a schedule with Trio-Consolidated that will relieve the Code Authority from deciding the issue. This complaint is a sticker that has Campi worried. Division Administrator Sol A. Rosen- blatt insisted that a decision be handed down, once and for all, but Loew's stated that another survey of the ter- ritory will be made Monday and a plan worked out whereby the Trio houses will not be held up on dates. The Los Angeles schedule did not even come up for discussion. It is be- lieved it will be shipped back to the coast board for revision for a second time. This plan has as its highlight the schism of zones dividing the F.W.C. Uptown and Warners' Forum and setting the two houses on a day- and-date basis, first run. Previously the F.W.C. unit had protection on the Forum when both were classified in the same zone. Warner Sees Patent Ruling Theatre Peril Code Regulations on Extras Take Effect (Continued from page 1) were approved during the period of turmoil surrounding the resignation of General Hugh S. Johnson, it being found later that the formal period for protest had been overlooked, necessi fating postponement of the effective date until today. Finish Radio Series Winding up a series of four national broadcasts explaining the current at- titude of the Legion of Decency, Rev. Hugh C. Boyle, bishop of the Pitts- burgh diocese of the Catholic Church, spoke last night. The New York out- let was Station WJZ. Denver Theatre Men Hit at Code Rulings Denver, Oct. 12. — Denver Theatre Managers, Inc., has been organized here and one of the first acts has been to send a demand to Campi that au- Crackup Hurts Whitney Upperville, Va., Oct. 12. — John Hay Whitney was hurt today when his plane cracked up as it was being landed at his Llangollen estate after a trip from New York. His injuries are not serious. Brandt Adds 3, Making 30 Harry Brandt has added three more theatres to his circuit, bringing the total to 30. Latest additions are the New, Rivoli and Boardwalk at Rock- away Beach, L. I. Warnerites Plan Party Hollywood, Oct. 12. — The Warner Club will stage a Hallowe'en party at the Ambassador Hotel on Oct. 27. Quits New Britain New Britain, Oct. 12. — Arthur J Alenard, manager of the Rialto, has resigned to accept a similar position at the Colonial, Utica. Menard was for merly assistant manager of the Allyn in Hartford. Censors to Rate Films Portland, Oct. 12. — Classification of pictures for information of parents has been decided upon by the censor board. There has been an improve ment in recent releases, it was made known. Code Men Back in L.A. Los Angeles, Oct. 12.— The mem bers of the local grievance and zon ing boards are back from New York where they attended Campi hearings They will resume board hearings here Tuesday. Shiskmareff to M-G-M Hollywood, Oct. 12. — M-G-M has signed Kyrill de Shiskmareff, better known as Alain Chandor, to write an original. Mayo to Do "Casino" Hollywood, Oct. 12. — Archie Mayo has been assigned by Warners to direct "Casino de Paree," which will star Al Jolson. (Continued from page 1) New Yorkers who won prizes in- cluded Jules Levy, Ed McEvoy, Mit- chell May, S. Charles Einfeld, Harvey Day and Warner. Speakers at the affair were Walter Vincent, Sam Saxe, Levy, Joseph Bernhard, McEvoy, Day and Warner. Louis Nizer was toastmaster. Many of those present went on to Pittsburgh tonight for the Variety Club banquet there. Milwaukee Operator Scales Are Boosted (Continued from page 1) or an increase of about 14 per cent. Class 1(b) house operators received a 13 per cent increase with booth costs at $240 per week. Class 2 and 3 house operators received hikes of 10 per cent each with booth costs at $126.50 and $108.90 per week, respectively, while Class 4 houses are paying $70 per week for booth costs, representing a 11 per cent hike. Tussle Over Duals Continues to Rage (Continued from page 1) Israel, of the Erie. Date set for the rehearing is Oct. 20. Israel, through his attorney, con- tends that fraud and misrepresentation were used in securing some of the sig- natures to the agreement that had to be unanimous to become effective. "Wiggs" Held Year's Best Hollywood, Oct. 12. — Adolph Zu- kor has been awarded the Parent's Magazine annual gold medal for Par- amount's production of "Mrs. Wiggs of the Cabbage Patch," adjudged the best film of the year. Walt Disney was awarded the medal last year for "The Three Little Pigs." Indiana Convention Set Indianapolis, Oct. 12. — Plans are complete for the state convention of the Associated Theatre Owners of In- diana at the Claypool Hotel next Mon- day. Puerto Rican Film Opens The Latin Artists Picture Corp. opened "Romance Tropical," said to be the first picture made in Puerto Rico, at the Campoamor, the former Mount Morris, 5th Ave. and 116th St., yesterday, for a week's run. Seek Portland Closing Portland, Oct. 12. — Because of a ban on Sunday beer selling license holders have dug up the 25-year-old closing law and have started suit to close all theatres on Sunday. Lubitsch on Sick List Ernst Lubitsch is confined to bed with a grippe. He was ill Thursday, but left his bed to attend the opening of "The Merry Widow" at the Astor. MOTION PICTURE DAILY Saturday, October 13, 1934 Gaynor Film, Vallee Huge Hit on Loop Chicago, Oct. 12.— The Chicago put together a winning bill last week and grabbed a surprising $62,000. It was one of those grosses that remind ex- hibitors of "the good old days," be- ing $27,400 over current average. "Servants' Entrance" was on the screen and Rudy Vallee and his band on the stage. Despite the dwindling World's Fair patronage grosses are holding up. "Belle of the Nineties." at the Apollo, took $10,000 in its third Loop week; "Dames," in its fourth Loop week, grabbed $4,000 at the Garrick, and "Bulldog Drummond Strikes Back," also in its fourth Loop week, garnered $13,000. Total first run business was $158,- 000. Average is $121,600. Estimated takings: Week Ending Oct. 1: "CHAINED" (M-G-M) ROOSEVELT — (1,591), 25c-35c-S0c, 7 days. Gross: $17,000. (Average, $11,000) Week Ending Oct. 4: "SERVANTS* ENTRANCE" (Fox) CHICAGO— (4,000), 25c-35c-68c, 7 days. Rudy Vallee & Connecticut Yankees and Alice Faye on stage. Gross: $62,000. (Average, $34,600) "THE AGE OF INNOCENCE" (Radio) PALACE— (2,509) , 25c-35c-50c, 7 days. Stage: Paul Ash, Tom Gentry & Co., Lydia & Joresco. Gross: $22,000. (Average, $22,000) Week Ending Oct. 5: "BELLE OF THE NINETIES" (Para.) (Third Loop Week) APOLLO— (1,400), 25c-35c-50c, Gross: $10,000. Average, $12,000) "DAMES" (Warners) (Fourth Loop Week) GARRICK— (900), 25c-35c-40c, 7 days. Gross: $4,000. (Average, $5,000) "BULLDOG DRUMMOND STRIKES BACK" (U.A) (Fourth Loop Week) ORIENTAL— (3,940), 25c-40c, 7 days. Stage: Arthur Tracy, Martha Raye, Lewis 6 Moore, Nord & Jeane. Gross: $13,000. (Average, $15,000) "THE LAST GENTLEMAN" (U.A.) UNITED ARTISTS— (1,700), 30c-40c-60c, 7 days. Gross: $16,000. (Average, $17,000) Week Ending Oct. 6: "ROMANCE IN THE RAIN" (Univ.) STATE-LAKE — (2,776), 20c-25c-35c, 7 days. Stage: Faith Bacon and other acts. Gross: $14,000. (Average, $15,000) 7 days. Educators to Study Wider Use of Films A special committee has been cre- ated by the National Education Ass'n, according to Ernest D. Lewis, of Evander Childs High School, presi- dent, to study the use of films in sec- ondary education. Other purposes, according to Lewis, are to "offer constructive suggestions to the moving picture industry for im- proving the character of films shown to youth of high school age." Emanuel Cohen Feted Hollywood, Oct. 12. — -Emanuel Co- hen was feted tonight at a dinner at the Ambassador marking his third year as head of Paramount produc- tion. More than 400 studio executives, contract players, writers, directors and cameramen attended. Mae West was the after-dinner speaker. Cecil B. DeMille left the Cedars of Lebanon Hospital, where he is recu- perating, long enough to attend. MOTION PICTURE DAILY* HOLLYWOOD PREVIEW "Gentlemen Are Born" (First National) Hollywood, Oct. 12. — Depicting with biting irony the front page idea of college graduates embarking on life only to find an unwelcome recep- tion, a fine, faithful drama has been produced and spun with emotional romance. While the subject matter is one that faint hearts may turn from, so human is the picture, so aglow with sympathy that its message becomes vividly convincing. Four college boys graduate amid song. Franchot Tone will be a reporter and an editor. Football Player Nick Foran will be an athletic coach. Ross Alexander will be an architect and Robert Light a broker. Business treats them coldly and jobs are hard to find. Tragedy, heart- break, unemployment and all the economic vicissitudes assail the quartet. Through it all the sustaining power of romance and love keeps them going. The entire production is suffused with an aura of metallic harshness blended with tender warmth. In every department, the film excels. Tone gives exciting interpretation to his role. Margaret Lindsay seems definitely headed for stardom here. Alexander should go places and Foran reveals hidden ability. Jean Muir and Ann Dvorak give understanding insights as the girls who inspire their sweethearts. Al Green's direction is penetrating and worldly, yet mooded to sock the heart. It is a fine achievement. As an indictment of economic life that inflates youth with collegiate ideas only to deflate it by unplanned conditions, this picture will have a direct appeal to all classes. It merits intelligent exploitation and given that, with word-of-mouth should result in real business and comeback patronage. Production code seal, No. 253. Running time, 76 minutes. Looking 'Em Over "Deserter" {Garrison Film Distributors) Never has a more fiery cry against capitalism come out of the Soviet studios than this Mezhrabpomfilm production. As a plea for a square deal for the laboring classes it should bring cheers from those who live by the sweat of their brows, but as entertainment pure and simple it can hardly hope to succeed. While its propaganda brands it immediately in the eyes of pleasure seekers, the film is further handicapped by harsh photography and choppy continuity, while in its eagerness to put over its message it becomes at times slightly incoherent. The film employs a dock strike in Hamburg to illustrate its theme that the salvation of the workingman lies in communism. The author- ities resort to steel and guns in their attempt to break the strike. The dock workers, convinced that only to the Soviet union can they look for help, send a delegation to Russia to absorb the teachings of Lenin so that they may be taught in the ways of communism. The cast names mean nothing to an American audience, though the name of V. Pudovkin, who directed, may. English titles make it easy to follow the course of the story. Running time, 90 minutes. Back to Stage Policy Akron, O., Oct. 12. — The Palace has switched from straight films to a stage policy, opening with Mills Brothers. The change is tentative and dependent upon public response. This is the only stage policy in town at present. Its First on "LegiF Cleveland, Oct. 12. — "Green Pas- tures" with Richard B. Harrison as "De Lawd" comes to the Ohio, local legitimate house, for three perform- ances on Oct. 23-24. This will be the first local legitimate show this season. Centennial Group Named Dallas, Oct. 12. — The motion picture committee for Texas' state- wide centennial celebration to be held in 1936 was today appointed: John Rosenfeld, Dallas News theatre critic, chairman; P. B. (Jack) Garrett; Karl Hoblitzelle, president, Interstate Cir- cuit ; T. E. Jackson, former president ol Texas State Fair; and Herbert Marcus. Dallas is to be the principal hostess city for the centennial, which will commemorate Texas' hundred years of freedom from Mexican rule. Several historical films based on the struggle and other romantic phases of Texas history are contemplated. "Wimpole" Is $65,860 Hit; Gets Holdover "Barretts of Wimpole Street" came pretty close to being a sellout at the Capitol last week on a take of $65,860. It was the big Broadway noise of the week and was held over. "Caravan" got off to a slow start at the Music Hall, but built up to $75,000 on the week. "The Count of Monte Cristo" had a good week at the Rivoli with $36,000, and "Belle of the Nineties" held up to $36,000 in its second week at the Paramount. "Chu Chin Chow" was good for $25,500 in its second week at the Roxy. "British Agent" took $23,109 in its second stanza at the Strand. Estimated takings : Week Ending Oct. 2: "COUNT OF MONTE CRISTO" (U. A.) RIVOLI— (2,300), 40c-99c, 7 days. Gross: $36,000. Week Ending Oct. 3: "SERVANTS' ENTRANCE" (Fox) MAFYAIR-(2,300), 35c-65c, 2nd week, 2 days. Gross: $2,000. "CARAVAN" (Fox) RADIO CITY MUSIC HALL — (5,945), 35c-$1.65, 7 days. Stage show. Gross: $75,000. Week Ending Oct. 4: "BARRETTS OF WIMPOLE STREET" (M-G-M) CAPITOL— (4,700), 35c-$1.65, 7 days. Stage show. Gross: $65,860. "SHE LOVES ME NOT' (Para.) PALACE— (2,500), 25c-7Sc, 7 days. Vaude- ville. Gross: $14,000. "BELLE OF THE NINETIES" (Para.) PARAMOUNT— (3,700), 35c-99c, 2nd week, 7 days. Gross: $36,000. "CHU CHIN CHOW" (Gaumont British) ROXY— (6,200), 25c-55c, 2nd week, 7 days. Stage show. Gross: $25,500. "BRITISH AGENT" (F. N.) STRAND— (2,000). 25c-55c, 2nd week, 7 days. Gross: $23,109. Week Ending Oct. 9: "OUR DAILY BREAD" (U. A) RIALTO — (2,300). 25c-65c, 7 days. Gross: $18,000. Lloyd in Personal Checkup in South Charlotte, N. C, Oct. 12. — Be- cause "The Cat's Paw" is not living up to his expectations in the south, Harold Lloyd is preparing for a visit here and to other key cities of the south. Leslie F. Whelan, Lloyd's personal representative who spent a day here conferring at the Fox exchange, said the comedian cannot understand it, so he has decided to make a personal trip through the south and find out for himself just why his latest film has not appealed. When he comes south, Lloyd will make no appearances at theatres but will confer with newspaper men, the- atre and exchange managers. Double Wedding Nears Omaha, Oct. 12. — A double wed- ding of interest to the local industry will take place here Oct. 16. Louis Wintroub, son of Max Wintroub, owner of the Majestic exchange, will marry Eve Katzman, for- merly secretary to the Universal branch manager here, while the groom's twin sister, Gerry, will be married to Adolph S. Wilhelm of New York. This will mark the first serious sep- aration of the Wintroub twins since cradle days. The Leading Daily ,Newspaper| Motion | Picture Industry MOTION PICTURE DAILY Alert, Intelligent and Faithfut! J Service to" the Industry in All Branches VOL. 36. NO. 89 NEW YORK, MONDAY, OCTOBER 15, 1934 TEN CENTS Tips Plan for A Gov't Check On Production Mrs. Gilman Also for Distribution Brake Columbus, Oct. 14.— Plans are un- der way to ask that a Federal com- missioner represent the consumer at the point of production and to seek government supervision of distribution, according to Mrs. Gilman, chairman of the National Congress of Parents- Teachers Ass'n. She made this state- ment as she urged delegates to the Ohio convention of the association to follow the mandate of the national body and discontinue cooperating with the industry. Mrs. Gilman maintains the organization should conduct its own fight to make films more whole- some for children. "We have organized in the past and (Continued on page 4) Coast Men Assert Dual Issue Alive Los Angeles, Oct. 14.— Coast ex- hibitors returning from New York and the appeal hearing before Campi on the local clearance and zoning schedule assert that the question of duals is not altogether a dead issue, although discussions on this topic have been dropped for the time being. Local theatre owners are anxious to get a schedule working for California and for this reason agreed to a recent decision by Code Authority not to mention duals in the plan. However, it is stated, that after a schedule is working, an appeal will be made to Code Authority to amend the schedule to provide for duals. 300 Houses Groomed To Run New Shorts Approximately 300 theatres through- out the country have agreed to use the experimental educational and moral films to be compiled from standard re- leases for exhibition to juvenile audi- ences at special matinees, such as Sat- urday mornings. The series of 24 shorts to be re- leased under the title "Secrets of Suc- cess," although cut from standard re- leases, will be furnished with a pro- logue and epilogue to give them fin- ished continuity. Sequences from "Sooky," "Sign of the Cross" and other features will be employed to point moral and educational lessons in (Continued on page 4) Blondes Lose Hollywood, Oct. 14.— Win- ners of the "Hollywood Na- tional Cross-Section Con- test," conducted by Agfa in conjunction with Monogram, are Harriett Allan De Buss- man, Kansas City; Nell Rhoades, Amarillo, Texas; Madelyn Earle, Sally, S. C; Ann Casper, Easton, Conn., and Ann Johnston, Jackson Heights, New York City. Not a blonde in the batch. NRA Draws Up Own Schedule Of Code Dues Washington, Oct. 14.— After hav- ing rejected two schedules of assess- ments for producers and distributors drawn by Campi's own finance com- mittee, the NRA Division of Research and Planning has drafted and dis- patched to Campi a schedule of its own which Washington officials be- lieve will be more equitable than any yet suggested, it was learned Satur- day. Under the division's schedule, com- panies in the higher brackets would (Continued on page 41 Oklahoma Exhibitors To Fight Music Tax Oklahoma City, Oct. 14. — Plans for pressing the national exhibitor leg- islative campaign against music taxing agencies were discussed by represent- atives of 250 theatres at the annual (Continued on page 4) MAY MEET PATENT ISSUE VIA DISCS Pathe's Plan Seen Set; No New Changes No changes will be made in the plan of reorganization for Pathe Exchange, Inc., it was decided following a study of suggested changes presented by a single group of stockholders of the company. The plan will be resub- mitted to the shareholders in its origi- nal form in the event the extraordi- nary meeting of stockholders which Pathe is seeking leave to call is au- thorized by the court, it was learned Saturday. Pathe officers, after several weeks of consideration, came to the conclu- sion that the changes proposed would contribute nothing to the plan in the way of advantages to the stockholders or the company. Pathe has several (Continued on page 4) Warners Dropping 4 In Milwaukee Soon Milwaukee, Oct. 14. — Warners are relinquishing four of their eight neigh- borhood houses here, effective Oct. 15. The future of the four houses, the Venetian, State, Riviera and Koscius- zko, has not yet been determined, al- though it is rumored they may be taken over by Fox. Allied Holds '28 By-Laws Old; Plans to Revamp Them Because it is felt the by-laws of 1928 are antiquated, Allied will revise its constitution to conform to present-day conditions. Proposals are now being made for certain changes and a vote by mail will be made before the new amendments are officially recorded. Annual meeting of the national board of directors will be held sometime in January. The place and date have not yet been decided. Today the eastern Allied group will hold a regional session at the Copley Plaza in Boston with Walter B. Littlefield as chairman. Business and organization relations will be dis- cussed. Sidney Samuelson, president, states four new units will be added to the national roster shortly. He would not say when the next exhibitor association would annex itself to Allied, but that when the time is ripe he will announce it. Rumored Majors See This Way Around Tri-Ergon Case Major producers are considering a plan to return to sound-on-disc record- ing and reproduction in order to step around or over the legal point won by American Tri-Ergon, which is Wil- liam Fox-controlled, in the U. S. Su- preme Court at Washington last week. Basic patents reputedly covering the film method of recording and repro- duction only are involved. This is the report. Several lawyers for major producers late last week denied they will resort to turntables and discs as their way around or out of an issue as yet to be finally determined. This is one answer to the report. Significant, however, was the pos- sibility sounded by Harry M. Warner at the dinner which concluded the an- nual golf tournament of the The Ex- hibitor of Philadelphia, a Jay Emanuel (Continued on page 4) Hayden, Stone Deal Livens Met. Bonds Renewed activity in the bonds of Fox Metropolitan Playhouses being traded on the Produce Exchange dur- ing the past few days has reflected new interest in the issue as a result of the pending Hayden, Stone & Co. bid of $4,500,000 for the assets of the circuit. The Fox Met bonds have been dor- mant since the withdrawal of the Loew-Warner bid for the circuit two months ago when the issue sold off from $46 to $30. Renewed buying (Continued on page 4) Talent Accumulation Attacked by Zanuck Hollywood, Oct. 14.— The accumu- lation of large numbers of contract players by studios yesterday was likened to the development of stock companies and frowned upon as a policy by Darryl Zanuck, 20th Cen- tury production head, who said that it leads to too frequent teaming of the same players with the public soon tiring of them. "Although it is a more costly pro- duction procedure," Zanuck said, "we believe that audiences are entitled to see new casts and new combinations of players in each picture and that the policy justifies itself." MOTION PICTURE DAILY Monday. October 15, 1934 MOTION PICTURE DAILY (Registered U. S. Patent Office) Vol. 36 October 15, 1934 No. 89 B Martin Quigley Editor-in-Chief and Publisher MAURICE KANN Editor JAMES A. CRON Advertising Manager Published daily except Sunday and holi- days by Motion Picture Daily, Inc., sub- sidiary of Quigley Publications, Inc.. Martin Quigley, President; Colvin Brown, Vice-President and Treasurer. Publication Office: 1790 Broadway. New York. Telephone Circle 7-3100. Cable ad- dress "Uuigpubco, New York." All con- tents copyrighted 1934 by Motion Picture Daily, Inc. Address all correspondence to the New York Office. Other Quigley pub ligations: MOTION PICTURE HERALD. BETTER THEATRES, THE MOTION PICTURE ALMANAC and THE CHI- CAGOAN. ^ , .... T., Hollywood Bureau: Postal Union Life Building, Vine and Yucca Streets, Victor M. Shapiro, Manager; Chicago Bureau: 407 South Dearborn Street, Edwin S. Clif- ford, Manager; London Bureau: Remo House, 310 Regent St., London, W. 1. Bruce Allan, Representative. Cable address- "Quigpubco, London"; Berlin Bureau: Berlin-Tempelhof, Kaiserin-Augustastrasse 28, Joachim K. Rutenberg, Representative: Paris Bureau: 19, Rue de la Cour-des Noues, Pierre Autre, Representative; Rome Bureau: Viale Gorizia, Vittorio Malpassuti. Representative; Sydney Bureau: 102 Sus- sex Street, Cliff Holt, Representative; Mex- ico City Bureau: Apartado 269. James Lockhart, Representative; Glasgow Bureau: 86 Dundrennan Koad, G. Holmes, Repre- sentative; Budapest Bureau: 3, Kaplar-u, Budapest, 11, Endre Hevesi, Representa- tive; Moscow Bureau: Civtzev Vrazhek, N. 25, Apart. 146, Moscow, U. S. S. R., Bella Kashin, Representative. Cable address: Samrod, Moscow. Entered as second class matter, January 4, 1926, at the Post Office at New York City, N. Y., under Act of March 3, 1879 Subscription rates per year; $6 in the Americas, except Canada $15 and foreign $12. Single copies: 10 cents. Warner Plant Zooms Under a Peak Load Hollywood, Oct. 14. — Production at the Warner studio is being carried on at maximum speed with 11 of the company's sound stages in use. "Sweet Adeline," "Gold Diggers of 1935," "White Cockatoo," "The Right to Live" and "Sweet Music," all set for early future release, are now in work. "Eaglet" Franklin's 2nd "The Eaglet," a historical play to be staged here this season by Harold B. Franklin and Arch Selwyn, will be adapted for the screen and produced here as the second of a two-picture deal for Fox release. The first is "Gambling," with George M. Cohan. Eva LeGallienne and Ethel Barrymore, who head the cast in the stage pro- duction of "The Eaglet," will fill the same roles in the film version. Seattle House Reopens Seattle, Oct. 14. — John Hamrick has reopened the Orpheum. He spent $10,000 on remodeling which was han- dled by the Shearer equipment organ- ization. Pictures and vaudeville will be the policy. Para, to Star D. Holt David Holt, seven-year-old prodigy of "You Belong to Me," will be starred by Paramount in a film to be made from "Born with Wings," a story purchased for him. Insiders' Outlook BILL FOX is either one up in the patent fight via American Tri-Ergon or a lot of important film men are needlessly worried. Already factually established is the story that several attorneys have had little sleep since the Supreme Court ruled it would not grant a review of the lower Federal courts on the issue at issue, so great has been the por- ing over legal tomes. Eddies and currents in the situation prevail over lack of authentic informa- tion as to Fox's next step. Re- ported over the week-end was a yarn he had already indicated to Erpi, RCA and their licensed producers and distributors that his annual rovalty had been fixed at $30,000,000, a sizeable sum even in the picture business. Not clear is why the licensees should be worried. Their contracts with the electrics contain a clause fur- nishing protection against patent onslaughts. . . . ▼ Hollywood's idea of some- thing exciting : The arrival there of Ned Depinet and Herman Zoh- bel is followed immediately by a revived slant on the old fantasy that RKO will move distribution headquarters to the West Coast. Admittedly tentative as to de- cision, those who credit the yarn say there appears to be no doubt that a new office building now being rushed on that lot is to house fellows like Levy and Smith, not to slight Depinet. Don't let it throw you. . . . T The downtowners behind the picture business consider it bad enough that production is 3,000 miles removed from the execu- tives that are supnosed to fashion the shots which Hollywood fires. The present system, at least, keeps the financiers in touch with what's goiner on even if the ways of the celluloid mighty are so often mysterious to banking eyes. It seems a pretty safe conclusion to draw that administration, which includes distribution which embraces much and frequent con- tact with national circuit heads, will remain snuggling close to the money-bags since the money- bags want it that way. . . . ▼ Truman Talley, Laurence Stall- ings and Pedro de Cordoba combine their respective produc- ing, writing and declamatory abilities in what Fox is about to release as "The First World War." Its title tells its grim and authentic story. True to its in- tent, the picture, touching too lightly on the causes of the World War, but heavily on the conflict itself, is powerful because of its very truth, unrelenting and terrible as it is. Not pleasant en- tertainment, if entertainment at all, but a document of historic value aimed at sober heads and thinking minds. "The First World War" deserves to be played widely. It rates. . . . ▼ Breaths, belonging to bodies identified definitely with M-G-M officials, suspended their normal operations at the "The Merry Widow" opening Thursday night. The jitters also came near hav- ing an inning of their own when, at 10 o'clock, Andre Sennwald, film critic of the New York Times who is rapidly making a name for himself so good are his analyses and his scrivening, walked out on the picture. It looked as if the Lubitsch film which sent Metro into six figures would get a panning Friday morning. Home-office bigwigs, therefore, were surprised, pleas- antly of course, when Sennwald handed it plenty. The lowdown is he had a bulldog edition to catch. And did. . . . KANN Eastman New Year's High on Big Board High Low Close Columbia Pictures, vtc 38J4 3854 3854 Consolidated Film Industries 354 3JA 3V2 Consolidated Film Industries, pfd 14% 14% 14% Eastman Kodak 103 W2'4 103 Fox Film "A" 13 13 13 f.oew's Trie 30% 30 3054 Loew's Tnc, pfd 93y2 93% 9354 Paramount Publix, cts 4:4 3% 4 Pathe Exchange 1% 154 1$£ RKO 2?4 2% 254 Warner Bros 5JA 5 5 Technicolor Lone Curb Issue Net Change - % - % + % - 54 Net Sales 10) 100 200 900 300 3,600 100 5.2-0 6CK) 400 1,703 Technicolor High Low Close Change Sale* .13 13 13 200 Paramount Publix Bonds Off Half High Low Close General Theatre Equipment 6s '40 654 654 654 Keith, B. F. 6s '46 6V/S 61 '4 61 53 T.oew's 6s '41. ww deb rights 10254 10254 102^ Paramount Bmadwav 5'/s '51 40 40 40 Paramount Publix 5'4s '50 5854 5854 58'/$ Warner Bros. 6s '39, wd 6054 60 6054 Net Change - % + 'A + !A - 54 + 54 Sales 1 1 8 5 9 9 < Purely Personal ► FELIX FEIST, who sailed for * Honolulu on Saturday, with a stopover at Los Angeles planned, is looking forward to a couple of days there with Felix, Jr., and the latter's family. George J. Schaefer's health hasn't been of the best lately. In and out of bed with a cold, he's back to his al- most dawn-to-midnight working sched- ule down Paramount way. Arthur W. Stebbins has aban- doned any plans he may have had for a European trip and plans to stay in New York indefinitely. Charles S. Belden and Frederick Stephani collaborated on "AH His Geese Are Swans." Columbia has just purchased it. Leo Birinski's yarn, "Tornado," has been purchased by Fox. It is an original. Film Leaders Flock To Variety Banquet Pittsburgh, Oct. 14. — Leading members of the industry from all over the country were among those who attended the annual Variety Club banquet at the William Penn Hotel tonight. The affair, one of the big events of the year, drew a crowd of more than 1,000. A large number of home-office ex- ecutives journeyed from New York for the function. Bill Rodgers of M-G-M was one of the New York sales executives who made the hop to Pittsburgh. G-B Renewswith Waxman Gaumont British has closed a term contract with A. P. Waxman under terms of which he continues as adver- tising counsel in charge of publicity, advertising and exploitation of the company and its product in this coun- try. Waxman's original contract was for a five-week deal. As a result, he is closing his publicity office and will confine all activities to Gaumont Brit- ish. He will, however, continue to serve as advertising consultant to Har- old B. Franklin. G-B Appoints Two More George W. Weeks, general sales manager of Gaumont British, has ap- pointed W. G. Carmichael, formerly of Paramount and Warners, to his sales staff in Atlanta. J. S. Carsa- callen, formerly of M-G-M and Fox, has been appointed to the Charlotte staff. G-B Luncheon Today A luncheon in honor of Nova Pil- beam, Jack Hulbert, Robert Flaherty qnd Berthold Viertel will be given by Gaumont British at the Waldorf- Astoria this noon. "Little Friend," starring Miss Pilbeam, will be screened later. /. M. Schenck Sails Joseph M. Schenck left for London on the Majestic early Saturday morn- ing. The trip will be a short one. Plunkett in London London, Oct. 14. — Joe Plunkett is here from the States, via Canada. ate fre v .\vete ^e =~ . one ol the best edV o v/raie ^ . , , „te corn' cesin rdand and _ ^ screen, and nu 1 was a dis- "DUMB-BELL LETTERS abject outstanding 01 the sui strong biU. Audience teacuon^ at the end marvelous, the applause was genuine lv spontaneous. Many on their way out natrons stopped kind ol a bill. - Carroll J. La^ La^br Theatres Corp. Greenfield. Mass. to any ab^^dtV^Cd H.ate -- ^ucvc^- Ntn^^tesi^1 s^ i Ao*°lb , va\ue- ^tt*. Vt t Co- ie ne%t otve* H*" tfeu) to^ut* 7^ and what a ,„ a kuefi ,t,„ "Dumb-Bell Letters had their premiere showing our Boston [ Theatre were not only exceptionally pleasing but received and genuine ap- plause after each show- ing, which is gready unusual." — C. W. Koernei Boston RKO RADIO PICTURE "Congratulations, Dumb-Bell Letters, the smartest, brightest, short that has hit the screen in years. We have never played any subject that has received such howls and laughs. It has taken Los Angeles and Hollywood by storm and is destined to become a box-office attraction. —Cliff Work— Los Angeles "Just to let you know of our patrons^Sjj^^^jPF' reaction as well as my own to 'DUMB-BELL LETTERS.* These letters actually evoked uproarious laughter and at the finish of the subject brought a round of applause, something very unusual for any shorts. This series is destined to be very popular and it is my earnest be- lief laughs will emanate from the most solemn faces. Congratulations!' — Orpheum Theatre, Minneapoli DUMB-BELL LETTERS, the reel of lalla- paloozas from the morning mail that's got the whole land s-c-r-e-w^yvv. collected by Juliet Lowell, produced by VAN BEUREN CORPORATION MOTION PICTURE DAILY Monday, October 15, 1934 NRA Draws Up Own Schedule Of Code Dues (Continued from page 1) pay the lowest percentages, but nevertheless, because of their greater grosses, would contribute more in dollars and cents. The plan, based largely upon the income tax tables, but with percentages reversed so that those for the smaller companies are larger, provides for the following schedule : For each $10,000 or fraction thereof of receipts up to $100,000, the assess- ment is $25 : for each $25,000 between $100,000 and $250,000, $62.50 ; for each $50,000 between $250,000 and $500,000, $100 ■ for each $100,000 between $500,- 000 and $1,000,000, $200; for each $500,000 between $1,000,000 and $5,000,000, $800; for each $1,000,000 between $5,000,000 and $10,000,000, $1 200 ; for each $2,500,000 between $10,000,000 and $20,000,000, $2,000, and for each $5,000,000 over $20,000,000, $2,300. It is said that the top rate total assessment would be approximately $20,000, as under the original plan drafted by Campi, but that the top bracket would embrace only three or four companies instead of seven, as heretofore, and that the charges upon those in the lower brackets would be more in accordance with their eco- nomic importance in the industry. The NRA Research and Planning Division is understood to have felt that the rejected schedules drafted by Campi were too cumbersome and dis- proportionate, as the companies in the higher brackets were taxed at a higher percentage than less important con- cerns, it being pointed out that those in the higher brackets are also the ones with theatre affiliates, which are assessed under the exhibitor schedule. Hayden, Stone Deal Livens Met. Bonds (Continued from page 1) following reports of the Hayden, Stone offer last week was in good volume and sent the issue up to $36.50 for Saturday's close. The bondholders' committee is scheduled to present to Skouras and Randforce, operators of Fox Met, at a meeting today a proposal to cancel the long-term operating contracts held by the two in favor of short term con- tracts which could be cancelled if the Hayden, Stone deal is not consum- mated within 60 days after reorgani- zation of Fox Met. It is understood that Skouras and Randforce will con- tinue as operators in the event a deal is closed with Hayden, Stone. Oklahoma Exhibitors To Fight Music Tax (Continued from page 1) convention of M. P. T. O. of Okla- homa which closed at the Biltmore here yesterday. The convention voted endorsement of and continued support for M. P. T. O. A. Morris Lowenstein of the Majestic, this city, was elected presi- dent for the coming year; L. A. White of Weatherford was elected MOTION PICTURE DAILY* HOLLYWOOD PREVIEW 'The Captain Hates the Sea' (Columbia) Hollywood, Oct. 14. — Here's a comedy drama which hits the bull's-eye of the entertainment target with human elements pointing to a potential box-office winner. Expert direction and portrayals force the char- acterizations into strong relief remembered after the fadeout. It is suitable entertainment for all classes, providing laughs galore. The story locale is a passenger steamer. Walter Connolly is a captain who hates the sea and whose whole, main ambition is to dip bewhiskered gents' foliage into soup. John Gilbert, the romantic lead, is a disillusioned writer trying to stay on the wagon by leaving Hollywood. The story takes form when Victor McLaglen, a supposedly dumb flatfoot, comes aboard looking for a bond thief, Fred Keating. The latter passes the bond to Helen Vinson, posing as a demure librarian to whom McLaglen takes a shine. Humor and pathos blend evenly in a series of situations leading up to the climax with the marital trial of Wynne Gibson and John Wray supplying the anti-climax. At the fadeout McLaglen had a rogue's gallery photograph of the girl all the time ; the married duo makeup ; Gilbert doesn't quit drinking and the captain pushes the beaver in the soup. Lewis Milestone directed with keen insight and a sense of comedy values. The cast performances are excellent throughout with Leon Errol entertaining as a bartender. It is a first rate adaptation by Wallace Smith and Arnold Belgard from Smith's novel. Production code seal, No. 329. Running time, 90 minutes. vice-president, and R. M. Clark of this city, secretary-treasurer. Plans were formulated for bringing the music tax situation before every representative in Congress from Ok- lahoma in the campaign to obtain leg- islative relief from music taxes. Other subjects discussed at the convention were non-theatrical competition, new product, theatre boycotts, overbuying, double features, code matters and the cancellation privilege. Just "Romantic Mystery" Hollywood, Oct. 14. — Walter Wan- ger yesterday denied "The Vanishing President," his first for Paramount, contains propaganda. Such reports have been circulating persistently here, although the nature of the alleged propaganda seems to be in some doubt. The producer describes his story as a "romantic mystery." M-G-M Doubles 'Em Hollywood, Oct. 14. — M-G-M has launched what some here regard as a new idea in designating two asso- ciate producers to one picture. The producers are Charles Reisner and Jack Cummings and the picture is "The Winning Ticket" with Louise Fazenda and Leo Carrillo. Reisner will also direct. "Cleopatra," Cincy Draw Cincinnati, Oct. 14. — "Cleopatra" was one of the outstanding performers here last week with an estimated take of $13,000, one of the best at this house in quite some time. It moves to the RKO Grand for the second downtown stanza. In the Sick Bay Hollywood, Oct. 14. — Maureen O' Sullivan is at the Cedars of Leba- non Hospital for correction of a stom- ach disorder. Betty Furness replaces her in the cast of M-G-M's "Backfield." 300 Houses Groomed To Run New Shorts (Continued from page 1) dramatic form. The releases will be handled through the M. P. P. D. A., with the first to be screened Wednes- day before the general convention of the Episcopal Church at Atlantic City. Relight Dark Orpheum Cincinnati, Oct. 14. — The Or- pheum. 2,100-scat subsequent run sub- urban opposite the RKO Paramount, reopened Friday after being dark for more than a year. Operation is two shows an evening on a grind policy from 2 to 11 P.M. on Sundays and holidays. Scale is 20 and 30 cents for balcony and lower floor. The house was an RKO operation until the title was recently relinquished. It is the property of the Martin estate and now in charge of M. Chester Martin, one of the heirs. "U" Has 3-Star Cast Hollywood, Oct. 14. — Universal has lined up a three-star combine for "Straight From the Heart" in Roger Pryor, Baby Jane and Alary Astor. The story is an original by Doris An- derson and will go into work under supervision of B. F. Zeidman. Polly Walters has arrived from New York to play the chief role in Damon Runyon's "Princess O'Hara." Grainger Reaches Studio Hollywood, Oct. 14. — James R. Grainger will check into Universal Monday. The executive has been in San Francisco for the past week. . Landi in Counter Suit Hollywood, Oct. 14. — Elissa Landi has filed suit here for $1,932.80 against Joyce Payne for damages allegedly in- curred when the latter sued her in Au- gust. The suit against Miss Landi was dismissed. Pathe's Plan Seen Set; No New Changes (Continued from page 1) additional days in which to file affi- davit in reply to those opposing the holding of an extraordinary meeting at which the plan could be adopted by two-thirds of the stockholders present. | If the court approves the holding of the extraordinary meeting, 90 days' notice is given to stockholders. Thus the meeting, if authorized, could not be held before January, 1935. The reorganization plan provides for an exchange of one share of con- vertible preferred and five shares of common of the new company for each share of present preferred stock ; two shares of new common for each share of the present Class A stock, and one- twentieth of a share of new common for each share of old common. N. O. Tax Returns Light New Orleans, Oct. 14. — The amusement tax, one cent on each ad- mission under 50 cents, or two per cent, has brought the city only $12,- 539 from Aug. 30 to Oct. 8, less than $10,000 a month. May Meet Patent Issue Via Discs (Continued from page 1) regional publication, at the Lulu Coun- try Club on Friday evening. The War- ner president spoke of the possibility of the major companies returning to discs, but of a new type. This was the dinner at which Warner also presaged vital changes in the sound picture situ- ation may be expected to follow the Supreme Court's denial of a review of the case. He also stated the situa- tion was one of the most serious ex- hibitors had ever faced. Danish Company Wins Suit Copenhagen, Oct. 14.— With the Petersen and Poulsen sound patents involved, Nordisk Tonefilm is victor in a suit against Paramount and other major American film companies. Some quarters construe the decision as vesting in Carl Bauder of Nordisk the right to bar out American pictures. If this is true, it is probable he will negotiate for their entry on a licensed basis. Tips Plan for Gov't Check on Production {.Continued from page 1) helped the movies while they have ex- ploited our children, and the time has come to quit," she declared. In a subsequent interview, she voiced strong criticism of Better Films Councils which have been organized by parents, with cooperation of exhib- itors. "The councils have been made tools of the exhibitors, helping pro- mote attendance, and have been kept busy previewing pictures over which they had no control," she said. "The councils have kept us busy picking up chips when we should have been sawing wood," which she ex- plained as meaning that the council members have been kept from doing more effective work "cleaning up the movies." The Leading Daily jNewspapeim MotionM Picture Industry MOTION PICTURE DAILY Alert, Intelligent and Faithfutt Service to' the Indistry in All Branches VOL. 36. NO. 90 NEW YORK, TUESDAY, OCTOBER 16, 1934 TEN CENTS Eastern Code Approvals Up To 150 Total 7 Features and 19 Shorts Latest to Be O.K.'d One hundred and fifty pictures, cata- logued in all divisions, have been ap- proved under the reinforced Produc- tion Code Administration in the east since the new system went into effect on July 15. This is the official tally at the close of business on Oct. 10. In the latest batch are embraced seven features and 19 shorts. Of the seven features, five were made abroad, while one, "A Tango in Broadway," is a Spanish-language feature made here by Paramount for distribution principally overseas. The seventh is "Woman in the Dark,-' produced by Select and acquired for domestic dis- tribution by RKO. Vincent G. Hart, (Continued on paqe 7) Schlesinger to Make "Melodies" in Color Leon Schlesinger will make the entire lineup of 13 Merrie Melodies shorts in Technicolor, he stated yes- terday. Warner home office execu- tives viewed the first subject and were so well satisfied that Schlesinger has decided to add color to the re- maining dozen. The Looney Tunes series of 13 will be made in black and white, the short subject producer said. Schlesinger leaves by plane for Hollywood either Thursday or Friday. Episcopal Clergyman Wants Legion Drive Atlantic City, Oct. 15. — A Legion of Decency for the Episcopal church was proposed here today by Rev. Arthur Lee Kinsolving of Boston at the 51st triennial convention. Dr. Kinsolving introduced a resolu- tion calling for the formation of such a league and praised the Roman Cath- olic offensive against the "debauching effects" of films. He urged the church to get behind a similar campaign. Allied Men to Hold Special Meet Here A special meeting of a number of Allied directors will be held at the Warwick tomorrow and Thursday, by way of a follow up of a meeting of eastern unit heads in Boston yesterday rid in advance of a full meeting of the Vectors in December. Expected are (Continued on paqe 8) Court Allows $40,000 of Fox Met Receivers' Fees An application for interim allow- ances for services rendered during the receivership of Fox Metropolitan Playhouses aggregating $285,000 was allowed in the amount of $40,000 by Federal Judge Julian W. Mack in U. S. District Court here yesterday. Fees applied for included §75,000 for Irving Trust Co., receiver ; $70,000 for Walter Littlefield, receiver's coun- sel; $80,000 for Beekman, Bogue & Clark, counsel for Fox Met. bond- holders' committee, and an aggregate of $60,000 for Hanover Bank & Trust Co., trustee under the Fox Met. in- denture. Following objections made by Ar- chibald Palmer, attorney for an in- dependent group of Fox Met. bond- holders, Judge Mack disallowed the petitions of Beekman, Bogue & Clark (Continued on paqe 7) Quittner Suit Deal Calls for $10,000 The $5,100,000 Quittner anti-trust suit against Paramount was settled for $10,000, it was learned yesterday. The settlement negotiations were con- cluded last Friday, with contracts be- ing exchanged on Saturday. Counsel for the Paramount Publix trustees are now preparing a petition embodying the settlement which will be presented to the Federal district court here for approval when com- pleted. Paramount is also negotiating settlements of two other anti-trust suits pending against it ; those of A. B. Momand, Oklahoma, and E. M. Loew, Boston, asking aggregate damages of approximately $10,000,000. Blumenthal Working On Producing Plans A. C. Blumenthal is still working on his plans to produce about five pictures a year, he asserted yester- day. He is being held here because of the Fox Theatre situation. Blu- menthal says he is working with the receivers of the circuit on reorgani- zation plans and will know where he stands in about a week. He plans to leave for Hollywood sometime next week to complete ar- rangements on production and dis- tribution of the features he intends to make on both coasts. Oklahoma Exhibitors Vote to Join MPTOA Oklahoma City, Oct. 15. — Fol- lowing an address by Ed Kuykendall, president of the M. P. T. O. A., more (Continued on paqe 8) 6,000 a Day New Orleans, Oct. 15.— The St. Charles played to over 6,000 persons in one day, set- ting a record, and just show- ing what can be done when the church sets out to sup- port a film. It was the first example of organized boost- ing by the Catholic church in this country. Agency Hearing Is Delayed to Oct. 31 Washington, Oct. 15. — Postpone- ment of the agency hearing from Oct. 17 to Oct. 31 was announced today by the NRA, but no reason was given. Protests from California may have been the cause. A strong effort is being made by the Academy and the Writers' Guild to have the hearings transferred there, but NRA officials have declared that this could be done only if the Califor- nia interests would agree to pay for the cost of having a transcript of the testimony made. Production Shows A Sharp Decline FIollywood, Oct. 15. — Production activity for the week ending Sunday showed a sharp decline over the pre- ceding week with a total of 38 fea- tures and six shorts before the cameras as compared to 43 and six for the previous week. In addition, there are 15 features and 16 shorts in preparation ready to start work within the fortnight with (Continued on paqe 7) Mexican Tax Put Up To the Legislature By JAMES LOCKHART Mexico City, Oct. 15. — Acting up- on instructions of President Abelardo Rodriguez, the National Legislature is considering ways and means of amend- ing the Federal constitution in order to define definite regulations concern- ing imports of film materials. Rules for production in Mexico will also be considered, the idea being to give governmental aid to struggling producers. Action is expected by the end of the month. Campi Vote on Lease Clause Stands at 6-4 Opponents Will Carry Battle to NRA Although Charles L. O'Reilly, Na- than Yamins, Walter Vincent and Edward Golden objected to the reso- lution, Campi at its last meeting adopted the plan to remove the leasing clause from the code. Vincent repre- sented Ed Kuykendall, president of the M.P.T.O.A. In favor of dropping the clause were T"elix Jenkins of Fox, Robert Youngman of RKO, Neil Agnew of Paramount, J. Robert Rubin of M-G-M, Harold S. Bareford of War- ners and Willard McKay of Uni- versal. The resolution was sent to Division Administrator Sol A. Ro- senblatt for approval, following which the code will be amended in accord- ance with its terms. Major distributors in the past few weeks have held that the clause had no teeth in it and decisions on leases (Continued on paqe 7) Bareford and Kent Talk on Code Costs Long distance telephone conferences are on between S. R. Kent, who is vacationing in White Sulphur Springs, and Harold S. Bareford, to revise the recently rejected producer-distributor assessment schedule. Code officials hope that the redrafted plan will be ready by the end of the week and sent back to the NRA Division of Research and Planning, which last week turned it down for a second time. Recommendations have been made by the Division of Research and Planning to guide the code finance committee in revising the assessment allocation. All major forces approved the second plan as well as a majority of independents. Chicago Selling on Old Clearance Plan With Campi turning back the Chi- cago clearance and zoning schedule, selling in the Windy City will con- tinue under the present clearance plan. Code Authority members do not an- ticipate a new revised schedule, but Chicago exhibitors assert they may go into sesion in about three weeks and draft a new schedule. Campi has refused to pass on an appeal by the Premier Theatre Corp., operating the Empire, against the (Continued on paqe 7) MOTION PICTURE DAILY Tuesday, October 16, 1934 MOTION PICTURE DAILY (Registered U. S. Patent Office) Vol. 36 October 16, 1934 No. 90 Martin Quigley Editor-in-Chief and Publisher MAURICE KANN yR Editor JAMES A. CRON Advertising Manager Published daily except Sunday and holi- days by Motion Picture Daily, Inc., sub- sidiary of Quigley Publications, Inc., Martin Quigley, President; Colvin Brown, Vice-President and Treasurer. Publication Office: 1790 Broadway, New York. Telephone Circle 7-3100. Cable ad- dress "Ouigpubco, New York." All con- tents copyrighted 1934 by Motion Picture Daily, Inc. Address all correspondence to the New York Office. Other Quigley pub- lications: MOTION PICTURE HERALD BETTER THEATRES, THE MOTION PICTURE ALMANAC and THE CHI- CAGOAN. „ , TT . _.. Hollywood Bureau: Postal Union Life Building, Vine and Yucca Streets, Victor M. Shapiro, Manager; Chicago Bureau: 407 South Dearborn Street, Edwin S. Clif- ford Manager; London Bureau: Remo House, 310 Regent St., London, W. 1, Bruce Allan, Representative. Cable address: "Quigpubco, London"; Berlin Bureau: Berlin-Tempelhof, Kaiserin-Augustastrasse 28, Joachim K. Rutenberg, Representative; Paris Bureau: 19, Rue de la Cour-des- Noues, Pierre Autre, Representative; Rome Bureau: Viale Gorizia, Vittorio Malpassuti, Representative; Sydney Bureau: 102 Sus- sex Street, Cliff Holt, Representative; Mex- ico City Bureau: Apartado 269, James Lockhart, Representative; Glasgow Bureau: 86 Dundrennan Road, G. Holmes, Repre- sentative; Budapest Bureau: 3, Kaplar-u, Budapest, II, Endre Hevesi, Representa- tive; Moscow Bureau: Civtzev Vrazhek, N. 25, Apart. 146, Moscow, U. S. S. R., Bella Kashin, Representative. Cable address: Samrod, Moscow. Entered as second class matter, January 4, 1926, at the Post Office at New York City, N. Y., under Act of March 3, 1879. Subscription rates per year; $6 in the Americas, except Canada $15 and foreign $12. Single copies: 10 cents. Brient Joins Thalheimer Richmond, Oct. 15. — Elmer H. Brient has resigned as manager of Loew's to take charge of Morton G. Thalheimer's circuit of five houses here. George Arthur Jones, formerly of Loew's Wilmington, succeeds him, and Roscoe Drissel goes from Loew's Columbia, Washington, to Wilming- ton. Capitol, Roxy Try Names Name opposition between the Cap- itol and Roxy is slated for Broadway for the week starting Oct. 26. The Capitol has Eddie Cantor and Dave Rubinoff in for a personal appear- ance, while the Roxy has signed Dizzy and Daffy Dean for the same week. L. & M. Take Two Nov. 1 Leff & Meyers, Bronx circuit op- erators, will take over the Harris and Selwyn on West 42nd St., from Max Cohen on Nov. 1. Acquisition of the duo will make 10 for them. Mallard at RKO Studio Hollywood, Oct. 15. — William Mallard, RKO general counsel, ar- rived today for conferences with stu- dio and home office executives who are here. Chodorov on "Adverse** Hollywood, Oct. 15. — Edward Chodorov will supervise Warners' "Anthony Adverse." Jersey 1933 Takes Reach $19,179,000 Washington, Oct. 15. — Box-office receipts of New Jersey's 238 theatres last year totaled $19,179,000, while $3,797,000 was paid to employes, ac- cording to the U. S. Census Bureau. Reports of the bureau on business in the leading communities showed 13 theatres in Atlantic City with a box-office of $1,159,000 and payrolls of $199,000; seven in Camden with receipts of $599,000 and payrolls of $119,000; four in Irvington with re- ceipts of $323,000 and payrolls of $65,- 000 ; 30 in Newark with receipts of $4,056,000 and payrolls of $953,000; four in Hoboken with receipts of $420,000 and payrolls of $74,000; 16 in Jersey City with receipts of $2,- 698,000 and payrolls of $570,000; 11 in Trenton with receipts of $1,026,000 and payrolls of $214,000; three in Passaic with receipts of $575,000 and payrolls of $73,000; eight in Paterson with receipts of $1,186,000 and pay- rolls of $222,000; and four in Eliza- beth with receipts of $668,000 and payrolls of $141,000. Hatrick Goes West Soon E. B. Hearst's coast in ferences. returned today or gone for Hatrick, general manager of film interests, leaves for the a month for production con- Marion Davies. who recently from Europe, leaves either tomorrow. Hatrick will be about two months. "Crocus" to Carnegie "Autumn Crocus," an English pic- ture, opens at the Carnegie to- morrow, establishing a long run policy for the house. Henry Seigel recently bought a half interest in the house. Leo Brecher owns the other 50 per cent. Seeks Richmond House Richmond, Oct. 15. — Samuel Cra- ver of Norfolk, operator of houses in Norfolk, Danville and Lynchburg, is dickering for the Lyric, former Keith-Albee house here. He intends to operate it on a 15-cent basis, if the deal goes through. "Gentleman" to Rivoli George Arliss in "The Last Gentle- man," 20th Century-U. A. release, opens tomorrow at the Rivoli. Costain, Fox Story Head, Former Editor Thomas B. Costain was appointed yesterday as chief of the new Fox bureau of literary material. For the past seven years Costain has been chief associate editor of The Saturday Evening Post and assistant to George Horace Lorimer, editor of the maga- zine. Headquarters of the new bureau will be located in the Fox home office until the first of next month and then will move to Radio City. Costain was born in Canada and worked there as a newspaper reporter until he joined the McLean Publish- ing Co. where he served as managing editor of McLean's Magazine. He then joined the Curtis Publishing Co. where he has been a member of the editorial board for the past 14 years. Charles Klein Married Deadwood, S. D., Oct. 15. — Charles Klein, president of the Black Hills Amusement Co., has married Miss Hilda Wendt, also of Deadwood, at Hot Springs, S. D. They are spend- ing their honeymoon in Denver and Kansas City. His son, Richard Klein, was recently married in New York to Miss Jeanette Waugh, also of Dead- wood. Richard is booking for Para- mount in New York. Harold Jones Marries Sidney, Neb.. Oct. 15. — Harold Jones, manager of the Fox, has been married to Miss Imogene Mary Kas- tarek of Beatrice, Neb. They will re- side in Sidney. Partington West Oct. 23 Jack Partington of F. & M. leaves for the coast Oct. 23. Harry C. Ar- thur returns from Los Angeles after conferences with Mike Marco on Oct. 27. Yates in California Hollywood, Oct. 15. — Herbert J Yates, president of Consolidated, is here from New York and will remain about a month. Solomon Gets "Bengal" Louis A. Solomon is now sole dis- tributor on "Beyond Bengal," he states. The feature was produced by Harry Schenck. Eastman Equals Previous High on Big Board Consolidated Film Industries, pfd. Loew's, Inc Paramount Publix Trans Lux Net High Low Close Change Sales 38-4 38 38 - 54 400 354 354 354 - Si 100 15 WA 15 + H 800 10414 103 103 900 13 12% 13 200 35 35 35 -X 100 3054 VA 29% 29% - 54 2.200 m VA - A 11.500 154 154 1,500 1354 1354 1354 -Va 100 2V2 254 400 SA W - H 3.200 , on Curb Net High Low Close Change Sales 13 12A 13 500 m va + A 100 Loew Bonds Hit New High High Low Close Keith B. F. 6s '46 62 62 62 Loew's 6s '41, ww deb rights 103 102% 103 Paramount Broadway 554s '51 40 40 40 Paramount F. L. 6s '47 5654 5654 5654 Paramount Publix 554s '50 5754 56% 56% RKO 6s '41, pp 32 32 32 Warner Bros. 6s '39, wd 6054 59 59 Net Change + % + V2 -2% -1% +1 -154 Sales 400 4 5 1 5 1 4 i Purely Personal ► WILLIAM FOX, Jack G. Leo, Jack Miller, Edward Silver- man, Herman Robbins, Sam Dem- bow, Jr., Toby Gruen, David Loew, Mort Spring, Gus Schlesinger and Loc Metzger were M. P. Club lunchers yesterday. Michael Balcon, who sails on Fri- day for England, plans to return in February when he will visit the coast on a talent hunt. He returned yester- day from Toronto with Arthur Lee and Jack Hulbert. Ernest Truex has returned to town from a brief Bermuda vacation. He starts work next week at the Eastern Service plant in Astoria on his next Educational comedy, "Sue, Dear." Charles Farrell, Yvonne Prin- temps and Pierre Fresney, French stage stars, and Florence Walton, dancer, are among the passengers on the He de France which arrives to- day. Jeanette Rex, publicity representa- tive for Sol Lesser, leaves for Chi- cago by plane today. She will visit her brother in the Windy City for a few days and then go on to the coast. Arthur Landau of the Small-Lan- dau agency has postponed his trip to Hollywood. He has been delayed on several deals. He plans to get away about Thursday. Arthur Sanchez will return to- day on the lie de France after a six- week business trip through the con- tinent for the Trans-Oceanic Export Co., Inc. T. Hayes Hunter, former Ameri- can director who is now in the agency business in England, is here on a visit. He represents Film Rights, Ltd. Art Jarrett is recovering from minor injuries sustained in an auto- mobile accident. Warners to Produce Philadelphia Reel Philadelphia, Oct. 15. — Warners will produce their own newsreel for distribution to the 75 theatres they now operate in this zone. To be known as the Warner Theatres News Re- porter, the reel will cover social, po- litical and human interest stories transpiring in and around Philadel- phia. Leonard Schlesinger, zone man- ager, and Harry Goldberg, advertising and publicity chief, will be in charge. Mort Blumenstock will supervise from New York. The proposed newsreel will be con- fined to Philadelphia, the Warner home office stated yesterday. Asked if this was to be construed as an opening or a trial step in the organiza- tion of the company's own reel along national lines, a company representa- tive said it was not. Trio Will Fly Here Hollywood, Oct. 15. — Hal Roach, accompanied by Bebe Daniels and her husband, Ben Lyon, will fly to New York tomorrow. Roach has some( business to handle and Miss Daniels' and Lyon will do some broadcast ing. the bi&est attraction in years in FANNIE HURST'S Great Novel OF with WARREN WILLIAM ROCHELLE HUDSON NED SPARKS HENRY ARMETTA ALAN HALE and *rumy others A JOHN M.STAHL Production nas added tremendously to ner popularity in tne past few montns ...Now Universal offers ner in a picture Digger tnan Back Street ...Digger than Only ^4sterday ... y es, in tne biggest attraction in years Tuesday. October 16, 1934 MOTION PICTURE DAILY 7 Court Allows $40,000 of Fox Met Receivers' Fees Campi Vote on Lease Clause Stands at 6-4 (Continued from page 1) by Campi could not be enforced by the NRA. This being the case, they held that the clause should come out. Independent forces are of the opin- ion that the clause was put into the code to protect the small exhibitor from having his theatre taken away during the last few months of a lease. Whether or not Rosenblatt will ac- cede to the 6-4 vote has not yet been determined, but it is understood in- dependent members of Code Author- ity will fight the resolution in Wash- ington. No date has been set for a public hearing. Chicago Selling on Old Clearance Plan (Continued from page 1) schedule on the ground the plan sub- mitted is void. Jack Miller and Edward Silverman of the Essaness circuit return today to Chicago after a week here confer- ring with distributors and Code Au- thority members. Individual protests against clearance and zoning schedules will be heard by an appeal code committee today with a Texas case highlighting the session. Tomorrow the San Francisco sched- ule comes up and on Thursday the Detroit plan will be argued. Disney Loses Writ Plea in High Court Washington, Oct. IS. — Walt Dis- ney was refused a writ of mandamus today by the U. S. Supreme Court. He had sought the writ to require Judge Harry A. Holzer to vacate an order referring to a special master for hearing the infringement suit brought by RCA Photophone, Inc., against the Disney Film Recording Co., Ltd., Walter Disney Productions, Ltd., and Walter Disney charging the use of machines infringing on Photophone patents. Disney had opposed having the case heard before a special master because of an overcrowded calendar, on the ground that it imposed an unusual bur- den of expense upon him and would result in his companies being fined as well as assessed damages if they should lose. Three Held in Hartford Hartford, Oct. 15. — "One Night of Love" has been held over for a fourth week at Loew's here. "Barretts of Wimpole Street," which played to ca- pacity at Poli's, has been moved to the Palace, the Poli B house here, for a second week. Mae West's "Belle of the Nineties" was held over for a sec- ond week at the Allyn. Poli's, incidentally, inaugurated fes- tival week with a big lobby display, in- cluding a bar for free cider, etc. Mayor J. Watson Beach issued a proc- lamation expressing his commenda- tion of the type of picture the man- agers are trying to show. On Humor Jack Hulbert, G-B come- dian, neatly disposed of the legend that the English have no sense of humor at the luncheon to Nova Pilbeam yesterday when he said: "You have to have a sense of humor to live in England today." Walter Huston told the story of a team playing Lon- don. One vaudevillian sent his partner down to see the turn ahead of them and get a slant on what the British- ers like in their comedy. He came back and said: "The fellow wore three foot shoes, a hat four feet high and a six-inch nose. But that wasn't the worst of it. He was only the straight man for his partner." G-B Officials Give Lunch for Pilbeam Gaumont British officials, as well as newspaper and trade paper critics and representatives, turned out en masse yesterday for a luncheon given by the company at which Nova Pilbeam, child player, was introduced and her picture, "Little Friend," previewed. With Mark Ostrer as toastmaster, several hundred attended, among them Jeffrey Bernerd, general manager of G-B ; Michael Balcon, in charge of production; Arthur A. Lee, vice-presi- dent ; Sam Smith, and A. P. Waxman, advertising counsel. At the dais were Walter Huston and his wife, Berthold Viertel, director of the picture, which was screened; Mrs. Arnold Pilbeam, Jack Hulbert, a G-B star ; Robert Flaherty, producer of "The Man of Aran,'" which opens at the Criterion Thursday ; Howard S. Cullman of the Roxy ; Louis Wiley, business manager of the Neiv York Times; Edgar B. Hatrick, general manager of Hearst Aletrotone News, Jack Alicoate and Martin Quigley. Speakers included Nova, Hulbert, Viertel, and Huston. Flaherty, Bal- con and Bernerd satisfied themselves with bows. Starr with G-B, Detroit Detroit, Oct. IS. — George W. Weeks, general sales manager of Gaumont British, has appointed Har- lan Starr local manager here for his company. Starr was formerly man- ager of the Educational exchange here. Weeks left Sunday night for Chi- cago. Cincinnati, Oct. 15. — George W. Weeks, sales manager of Gaumont British, has appointed Rudolph Knoepfle Cincinnati manager of the company. The territory covers south- ern Ohio, Kentucky, West Virginia and Indiana. Lowenberg in Hospital Milwaukee, Oct. 15. — C h a r 1 e s Lowenberg, state supervisor of Fox theatres, is at Mount Sinai with a heart ailment. (Continued from page 1) and Central Hanover and reduced the Irving Trust allowance from $75,000 to $25,000 and the Littlefield allow- ance from $70,000 to $15,000. The fees cover the 10-month period preced- ing the Fox Met. petition for reor- ganization last August. Skouras and Randforce, operators of Fox Met., are understood to have had presented to them yesterday by the bondholders' committee a proposal in- volving sale of the circuit to Hayden, Stone & Co. for $4,500,000, contingent upon the acceptance by Skouras and Randforce of new short term operat- ing contracts with cancellation clauses which could be exercised by the bond- holders' committee in the event the Hayden, Stone deal is not consum- mated within 60 days after reorgani- zation of the circuit. Skouras and Randforce are reported to have the proposal under consideration and are expected to give the committee their answer within the next few days. Production Shows A Sharp Decline (Continued from page 1) the cutting rooms continuing to be congested with a total of 46 features and 17 shorts in the final editing stages. Warners continue to lead with seven features in work, one preparing and nine cutting; M-G-M has six, one and ten; Paramount six, three and three; Radio five, three and six; Fox four, four and four; Universal three, two and one; Roach one, zero and zero; 20th Century one, zero and zero ; Columbia one, one and seven while the smaller independent group aggregates four, two and six. In the short subject division, Colum- bia reports one working, one prepar- ing and none in the cutting rooms. M-G-M reports zero, four and four; Universal zero, one and one; Radio zero, three and six, while the inde- pendent group shows five, six and four. Cunningham Elected By Group in Indiana Indianapolis, Oct. 15. — Earl Cun- ningham, manager of the local Foun- tain Square, was named head of As- sociated Theatre Owners at its state convention at the Claypool here to- day. Other officers are: Maurice Ruben, Michigan City, vice-president; Harry Markun, Indianapolis, treasur- er ; Helen B. Keller, Indianapolis, secretary; Charles R. Metzger, coun- sel. The following were elected direc- tors : A. E. Bennett and Leonard Sowar, Mun- cie; Roy Harrold, Rushville; Alex Manta, Indiana Harbor; V. U. Young, Gary; Walter Easley, Greensburg; Ross Earber, Terre Haute; Oscar Fine, Evansville; James Fushaneas, South Bend; Robert Scherer, Linton; Frank Carey, Lebanon; Robert Hudson, Richmond; H. P. Von- derschmitt, Bloomington; R. R. Bair, A. C. Varing and John Servaas, Indianapo- lis. The Legion of Decency was pledged the association's support. Other top- ics discussed were the music license taxes and the National Housing Act. Eastern Code Approvals Up To 150 Total (Continued from page 1) assistant to the code director, Joseph I. Breen, is in charge of the work on this coast. The latest list follows : Columbia (Shorts) "Life's Last Laughs," No. 2. Educational (Shorts) "Domestic Bliss," "Black Sheep." Fox (Shorts) "On Foreign Service." Gaumont British (Features) "Jack Ahoy," "Power," "Little Friend." Mundus (Features) "That's a Good Boy." Paramount (Features) "A Tango in Broadway" (Spanish). (Shorts) "Keeping Time," "Betty Boop's Prize Show," "Saddle Champs." RKO (Features) "Woman in the Dark." (Shorts) "Parrotville Fire Department," "Dumb Bell Letters" Nos. 5 and 6, "Pathe Topics" No. 1, "A Little Bird Told Me." United Artists (Features) "Frivate Life of Don Juan." Universal (Shorts) "At the Mike," "Well, by George." Vitaphone (Shorts) "Man of a Thousand Hits," Don Redmond and His Orchestra. Roasted and Toasted, But Cohen Liked It Hollywood, Oct. 15. — For what was probably the first time in Holly- wood's history, studio workers, as paying guests, banqueted their chief when Emanuel Cohen was toasted and roasted at a dinner the other night to celebrate his three years of service as production head of Paramount. The keynote speech was made by Cecil B. De Mille who said : "Cohen has accomplished in three years what it usually takes 25 in other industries." Cohen, in his response, paid tribute tc his co-workers. A. M. Botsford revealed to those in attendance what New York has long known : that he is one of the wittiest after dinner speakers in the industry. Mae West extolled Cohen "as a great man" while other speakers included Al Hall foi the directors, Victor Milner for the back lots, Arthur Hornblow for the producers. A scroll presentation was made by the president of the Paramount Studio Club. The stage show concluded with a pictureless newsreel. Cunningham discussed exploitation and Harry Martin reported on his re- cent trip to New York, where he represented the small theatres before Code Authority. Metzger presided. MOTION PICTURE DAILY Tuesday, October 16, 193 Oklahoma Exhibitors Vote to Join MPTOA (Continued from page 1) than 200 members of the Theatre Owners of Oklahoma, in annual con- vention here voted affiliation with the national organization. With this almost unanimous ac- tion, the unit subscribed to the poli- cies of the national group. The state association reelected all its officers and directors. They are Morris Lowenstein, Oklahoma City, president; L. A. White, Weatherford, vice-president; R. M. Clark, Okla- homa City, secretary-treasurer; di- rectors, Fred Pickrel, Ponca City; Pat McGee, Oklahoma City ; Edward Kadane, Fredrick ; and L. A. White, Weatherford. Outstanding on the convention pro- gram was the address of Kuykendall, who said : "We accept 100 per cent the challenge of the Legion of De- cency. The proof of that acceptance is the product which today we are showing on the screen. Now, it is up to the Legion of Decency and al- lied organizations to prove their sin- cerity by patronizing these new and approved pictures." Kuykendall pointed out that the Chicago Legion, which has been most active in the approval and disap- proval of pictures, had placed its stamp of disapproval on only two per cent of the new product. The association voted to meet again here in January or February. Allied Men to Hold Special Meet Here (Continued from page 1) Abram F. Myers, Sidney Samuelson, Aaron Saperstein, Walter B. Littlefield and H. M. Richey. Col. H. A. Cole arrived from Texas yesterday to be present. He was ac- companied by Jack Lilly, his theatre partner in Greenville, Tex., and while here expects to sit on an appeal filed against them by the East Coast Amusement Co. of Texas. The appeal covers product availabilities in Green- ville, where East Coast operates two theatres. Darmour to Lose Tonsils Hollywood, Oct. 15. — Larry Dar- mour is confined to the Wesley Hom- mel Hospital for a tonsil operation. Cohn a Colonel It became known yesterday that Jack Cohn, vice-presi- dent of Columbia, was named a Kentucky colonel several months ago by Gov. Ruby Laffoon of Kentucky. Flash Previews Anne of Green Gables — . . . fine entertainment for general appeal . . . rich in romance, with humor balanc- ing pathos. . . . Without Children — . . . when prop- erly edited, it should make fair pro- gram entertainment for youths and adults in any community. These films tvill be reviewed in full in a later issue of Motion Picture Daily. Looking 'Em Over Mother of Budd and Charles Rogers Dead Mrs. Ida Rogers, widow of the late Simon Rogers and mother of Charles R. and Budd Rogers, passed away early Sunday morning at New Bed- ford, Mass. Funeral services were held yesterday at 2 o'clock at Kehileth Israel Temple, Brookline, Mass. Mrs. Rogers was 77 years old. Charles R. Rogers, Paramount pro- ducer, flew in from the coast for the services, and Budd Rogers, vice-presi- dent and general manager of Liberty, was at her bedside when she died. Other surviving children are Walter and Abe Rogers, and Mrs. Anne Mendelsohn, Mrs. Julia Eschner and Mrs. Rita Robinson. "Little Friend" ( Gaumont-British ) Simplicity and heart-warming qualities are the outstanding attributes of this Gaumont British production, strongly reminiscent of "Wednes- day's Child," stage play which excited much comment when it strode the boards here in New York not too far back. This is the unaffected story of a poor little rich girl who proves her- self to be of stronger and more sterling fibre than the parents that bore her. It tells how, despite her 14 years, she evidences an understand- ing, born of childish desperation, which outdistances that shown by her paternal and maternal elders, and how, through her own somew:hat bewildered decision, she makes them and her happiness join hands once again. Nova Pilbeam, very British, very much made of staunch stuff and far more competent as an actress than might be reasonably expected of the youngster she is, does an excellent job and gives the picture its prime motivation. She is not known here, but not remote by any means is the guess that a demand for her will grow when "Little Friend" makes the theatre rounds. Matheson Lang and Lydia Sherwood are very good and the direction by Berthold Viertel sympathetic. It is Nova, however, who makes the picture the humanly warm and worth while attraction which it is. Production Code Seal, Xo. 0159. Running time, 75 minutes. K A N X Pittsburgh Buzzes Over Variety Parti Pittsburgh, Oct 15. — They wei up late, but the town today continut to buzz about the Variety Club dii ner at the William Penn Sunda night. More than 900 attended tl sixth annual function. This was tf. largest attendance in the club's hi' tory. Special cars from the east, we: and midwest poured celebrities int Pittsburgh over the week-end, a larg number coming in a day ahead < schedule to attend the Pitt-Souther California football game on Saturda; Seated in the banquet hall, in add tion to a number of other visitor were : Joe E. Brown, Regis Toomey, Be Wheeler, Sol A. Rosenblatt, Jules Lev John B. Kennedy, "Rip" Collins, Joset Bernhard, Louis Nizer, W. F. Rodger Senator James J. Davis, Ted Husing, Ja< Levy, Mike Kaufmann, Joe Cantor, Mo bhea, Jack Flynn, A. Julian Brylawsl Frank Damis, Clayton Bond, Harvey Da Moe Silver, George Skouras, Max Cohe Frank McCarthy, Sig Wittman, Earl Swe gert, Ed Corcoran, Roy Haines, Louis 1 Sidney, Marvin Schenck, Harold Kem Bill McCaffrey, John Royal, Edgar Mos Eddie McEvoy, Joe Berrier. Sam Schwart Mort Blumenstock, Joe McConville, Oscj Morgan, M. A. Lightman, Charles Fro man, O. L. Oz, Ed Harvey. Jack Schlaife Bill Scully. Ike Lihson. J. Schwartz, Han Ross, Frank Miske, E. C. Grainger, L Hoffman, Steve Trilling, Pat Garyn, Ja< Skirboll and M. Van Praag. Rosey Rowswell acted as toas master and Johnny Perkins served ; ringmaster for a show that includi more than 45 acts and lasted unl early Monday morning. John H. Harris was general chai man of the banquet committee. Tl affair was in honor of the club's tv outgoing presidents, Harry Goldste and Harry Kalmine, and the incor ing Chief Barker, Mike Cullen. Dascomb Burial Here Paris, Oct. 15. — Arrangements are being completed to ship the body of Edmond Brooks Dascomb, one of the heads of the Paramount News here, back to America for burial. He died here Saturday from a general cerebral hemorrhage. Dascomb joined the Paramount staff in 1927 in New York and was trans- ferred to their office here in 1930. He was born in Texas 33 years ago and was a graduate of the Naval Academy at Annapolis. He is sur- vived by his wife, Anne Glavin Das- comb and his mother, Mrs. Nellie Dascomb. Burial will be at Mercer, Pa. Ed Berry Dead on Coast Hollywood, Oct. 15. — Ed Berry, 43, unit business manager at Fox and a half-brother of Al and Ray Rockett, died at the Cedars of Lebanon Hos- pital this morning from injuries suf- fered in an automobile accident at Bridgeport, Cal., on Saturday night. He is survived by his widow and the Rocketts. "The Man Who Changed His Name" (DuWorld) This British production from the Twickenham studios is an engross- ing mystery drama from the pen of Edgar Wallace. Well directed, finely acted and provided with rich and tasteful settings, it ought to click with American audiences. The story strikes an original note. It tells of a wealthy Englishman (Lyn Harding) who changed his name to escape being mistaken for a man of similar cognomen who murdered his wife and her lover. His own wife (Betty Stockfield) has been having an affair with a polished scoundrel (Leslie Perrins). The pair's amazement at discovering the change in name turns into terror when they learn the story of the murderer. They immediately conclude that Harding and the latter are one and the same. From that moment to almost the end of the film the woman and her lover live in mortal fear of meeting the same fate that befell the other couple. Then the husband explains, causing the wife to breathe easier and the lover to stand exposed for what he is. Of course, Harding knew of the attachment between Miss Stockfield and Perrins. He had deliberately made the two believe him the murderer so that he might be able to carry out a scheme to showr his wife just the sort of fellow she was carrying on with. It is a tribute to the film that it fools the audience completely until the last few moments. All along it is led to believe that Miss Stockfield and Perrins will get "the works" at the hands of Harding. The cast also includes Ben Welden, Aubrey Mather, Richard Dolman and Stanley Vine. Miss Stockfield possesses as exquisite a voice as has been heard on stage or screen. It should make a tremendous hit. Henry Edwards directed. Running time, 67 minutes. Ohio Parents' Group Hits Block Bookin, Columbus, Oct. 15.— A resolutii demanding better types of pictun protesting block and blind bookin and taking a stand to work for Fe eral legislation to secure more car ful treatment of subject material, w adopted by the Ohio Congress Parents and Teachers at the final se sion of its convention here. A resolution also was adopted ur ing high cultural standards in t further development of radio pr grams. Boston, Oct. 15. — Under the ai pices of the Massachusetts Ch League, the Twentieth Century CI and the Massachusetts Parent-Teac er Ass'n, a better films institute w be held tomorrow and the followi day. Mrs. Robbins Gilman of Mini apolis, chairman of the film comm tee of the National Congress of P: ent-Teacher Ass'ns., will be in char; Mrs. Frederick P. Bagley, chairm of the film committee of the Cr League, Mrs. Helen I. D. McGil cuddy, chairman of the League of I cency of the Catholic Order of F< esters ; Mrs. Martha Sprague V, son, editor of Child Welfare, and M John W. Myers will be among 1 speakers. Marxes Celebrate Signii Hollywood, Oct. 15. — The Ma brothers, minus Zeppo, give a stui tea for press and friends tomorrow celebrate their signing a new contr; with M-G-M. The Leading Dailj Motion^ Picture Industry MOTION PICTURE DAILY Alert, Intelligent Faithfiltl Servici^w the Inllistry in All Branches VOL. 36. NO. 91 NEW YORK, WEDNESDAY, OCTOBER 17, 1934 TEN CENTS Approval for New Code Cost Plan Foreseen Sareford, Rosenblatt to Hold Conference Approval of the producer-distrib- utor assessment schedule is expected oday following conferences in Washi- ngton between Harold S. Bareford, i member of the code finance commit- lee; Division Administrator Sol A. Rosenblatt and members of the Divi- sion of Research and Planning. Bareford has been in touch with 5. R. Kent, second code finance com- Tiittee member vacationing in the South, on recommendations made by :he Division of Research and Plan- ning last week when it turned down (Continued on page 7) Hayden, Stone Fox Met Bid Rejected The Hayden, Stone & Co. bid for Pox Metropolitan Playhouses assets was rejected yesterday by the bond- holders' committee of the circuit. It is understood that the bondholders were dissatisfied with the terms. Under the proposal submitted by the investment house, it was learned, •the bondholders' committee was to proceed with reorganization of Fox (Continued on page 6) Probe Is Started On Para. Workings An examination of present and for- mer executives and department heads of Paramount Publix concerning the conduct of the company's business prior to bankruptcy, the causes of its financial difficulties and its dealings with creditors and others was begun yesterday before John E. Joyce as (Continued on page 6) Pope Hopes to See Film Crusade Widen Vatican City, Oct. 16. — Pope Pius praised the American drive for clean films today and expressed the hope it would spread to every corner of the world where pictures are shown The pontiff's statement was made during an audience granted Bishop Ralph L. Hayes of Helena, Mont., who said the Holy Father had be- stowed his blessing on the campaign to purify the screen and expressed a wish that the crusade go on. Erpi Assures Theatres Defense in Patent Suit Censorship Is Called Futile By Rosenblatt Harrisburg, Oct. 16. — Strong op- position to any move for government censorship of films was expressed here today by Division Administrator Sol A. Rosenblatt, speaking before the M. P. Division of the State Federation of Pennsylvania Women. Self regulation in the industry is the answer to clean pictures, he de- clared. After outlining the formulation of the code and the drive for clean pic- tures started some months ago, Rosen- blatt described the industry efforts to correct the situation. "On July 15 of this year a forward looking move of tremendous social responsibility was made by the pro- ducers of motion pictures themselves," he said. "I believe it will reach farther than the screen itself ; it starts (Continued on page 6) Price Hike Seen Behind Texas Move Behind insistence of the Interstate circuit of Texas that product it plays first run at 40 cents top or better cannot play subsequent runs under 25 cents is a distributor plan to hike admissions nationally next season, Col. H. A. Cole, Allied exhibitor leader in that state, told Motion Picture Daily yesterday. Karl Hoblitzelle, head of Interstate, has bought from 150 to 200 of the cream of the picture crop on the above basis for his theatres in Dallas, Fort Worth, Houston and San Antonio. Cole, declaring the issue is the most burning one in his territory, stated there were only a handful of neigh- borhood houses in those cities which can get the 25-cent level and that the situation, as now constituted, means most of the subsequent run houses will (Continued on page 6) Distributors Put Curb on Long Island Buying Pool In an effort to break up the Skouras-Seider-Schwartz buying pool on Long Island, local distributors have ordered a halt in spot bookings for theatres involved in the pooling arrangement. Branch managers and general sales managers of all com- panies have been meeting for the last two weeks on the Long Island buying setup and have finally come to the decision that, unless the individual cir- (Continued on page 7) Independents Marshal Fight On Lease Withdrawal Clause Independents plan to take their fight against withdrawal of the leasing clause from the code to Washington at a public hear- ing to be set by Division Administrator Sol A. Rosenblatt. All independents on Campi in addition to Walter Vincent, alter- nate for Ed Kuykendall, voted in favor of retaining the clause on the ground it was inserted in the code for protection of the small theatre owner. Because of the close vote, 6-4, a heated protest against dropping the provision will be launched by unaffiliated exhibitors at the capital open sesame. Those Not in Default To Get Aid Against Tri-Ergon Moves Theatres equipped with Western Electric sound reproducers will be fully protected against patent infringe- ment suits, Erpi is informing its cus- tomers. This will be done, Erpi is advising the theatre industry, "in strict compliance with the provisions of our contractual agreement with you," but provided theatres are "not in default under your agreement with us." Erpi declares the flywheel and double printing patents claimed to be owned by American Tri-Ergon and on which the U. S. Supreme Court has refused to review the findings of the lower Federal courts do not re- late to reproducers and assumes the position that "no action is called for at the present time relative to this equipment." The electric's communication, ad- dressed "To All Users of Western (Continued on page 6) Para. Experimenting With Wire Recording Hollywood, Oct. 16. — Sound re- cording experiments which, Para- mount claims, may revolutionize the present practice are being made this week. The sound is recorded on a wire. It makes use of the principle of arrested magnetism. Both light waves and sound waves can be recorded, it is said, but at pres- ent Paramount is using only sound and Gary Cooper and Sir Guy Stand- ing are doing dialogue from "Lives of a Bengal Lancer." Deal on to Buy Out Marcus for Famous Salt Lake City, Oct. 16. — Nego- tiations for the purchase of the stock held by Mayor Louis Marcus in L. Marcus Theatres, Inc., by Louis L. Dent are reported here to be nearing completion. Dent is said to be acting on behalf of Famous Theatres Corp. and is a widely known western and southwestern operator himself. Marx Brothers Sign Pact With M-G-M Hollywood, Oct. 16. — The Marx brothers today signed a contract with M-G-M calling for one picture with an option for more. MOTION PICTURE DAILY Wednesday, October 17, 1934 MOTION PICTURE DAILY (Registered U. S. Patent Office) Vol. 36 October 17, 1934 No. 91 Martin Quigley Editor-in-Chief and Publisher MAURICE KANN Editor JAMES A. CRON Advertising Manager Insiders' Outlook Published daily except Sunday and holi- days by Motion Picture Daily, Inc., sub- sidiary of Quigley Publications, Inc., Martin Quigley, President; Colvin Brown, Vice-President and Treasurer. Publication Office: 1790 Broadway, New York. Telephone Circle 7-3100. Cable ad- dress "Ouigpubco, New York." All con- tents copyrighted 1934 by Motion Picture Daily, Inc. Address all correspondence to the New York Office. Other Quigley pub- lications: MOTION PICTURE HERALD, BETTER THEATRES, THE MOTION PICTURE ALMANAC and THE CHI- CAGOAN. . „ . T-f Hollywood Bureau: Postal Union Life Building, Vine and Yucca Streets, Victor M. Shapiro, Manager; Chicago Bureau: 407 South Dearborn Street, Edwin S. Clif- ford, Manager; London Bureau: Remo House, 310 Regent St., London, W. 1, Bruce Allan, Representative. Cable address: "Quigpubco, London"; Berlin Bureau: Berlin-Terapelhof, Kaiserin-Augustastrasse 28, Joachim K. Rutenberg, Representative; Paris Bureau: 19, Rue de la Cour-des- Noues, Pierre Autre, Representative; Rome Bureau: Viale Gorizia, Vittorio Malpassuti, Representative; Sydney Bureau: 102 Sus- sex Street, Cliff Holt, Representative; Mex- ico City Bureau: Apartado 269, James Lockhart, Representative; Glasgow Bureau: 86 Dundrennan Road, G. Holmes, Repre- sentative; Budapest Bureau: 3, Kaplar-u, Budapest, II, Endre Hevesi, Representa- tive; Moscow Bureau: Civtzev Vrazhek, N. 25, Apart. 146, Moscow, U. S. S. R., Bella Kashin, Representative. Cable address: Samrod, Moscow. Entered as second class matter, January 4, 1926, at the Post Office at New York City, N. Y., under Act of March 3, 1879. Subscription rates per year; $6 in the Americas, except Canada $15 and foreign $12. Single copies: 10 cents. Sells Western Series Harry Thomas of First Division Exchanges, Inc., has just closed deals for the 12 "Rough Rider" and "Range Rider" series of Superior Talking Pictures and the "Tarzan, the Police Dog" and "Northwest Mounted" of Stage and Screen Prod, for eastern Pennsylvania, southern New Jersey, Delaware and the District of Columbia. New One for Cohen Max Cohen has taken over the Prospect, Bronx, making a total of eight for the circuit. After telling Motion Picture Daily he was giv- ing up the Harris and Selwyn to Leff & Meyers, Bronx circuit operators, Cohen yesterday reneged on the story and stated he was "only kidding at the time." Reade to Open Ditmars Walter Reade plans to reopen the Ditmars, Perth Amboy, within 60 days. The house has been closed for six years and is now being redeco- rated. Reade also operates the Strand, Majestic and Crescent in the same town. The Ditmars will be second run. FWC Drops Its Radio Los Angeles, Oct. 16. — Discover ing the circuit can get along without it, Charles Skouras has discontinued the F.W.C. radio department. Harold Hodge, in charge of programs, and two assistants, have been laid off. THE code front appears to be turning more hectic than ever. A general rewriting of this offspring of the Blue Eagle is looked for by more industry ob- servers than you can shake a stick at not later than the spring. Congress will convene in Janu- ary and, among the first pieces of business to occupy the gentle- men of the broad-rimmed black hats and the flowing black ties, is new NRA legislation which probably will be enacted before the session gets too old. The nature of the spring foray into new law-making regions is ex- pected to be such as will require basic changes in all existing codes, particularly in their pro- visions on labor. . . . A reopening of the film code, along with the others, therefore may be expected to pivot around labor and what is to be further done for it. But interesting as well is the persistent report, based on many markers floating in the breeze, that there will be a demand for the rewriting of much of the trade practice provisions as well. There is on record, for what it may mean, a notice of the M.P. T.O.A. to its members that the organization will be ready to work for an increase in the can- cellation privilege from 10 to 15 percent and for restrictions on double features, an old and per- sistent M.P.T.O.A. bugaboo. Ex- hibitor association rivalry being what it is, it becomes evident quickly enough that Allied will refuse to sit back on its haunches but instead will strike for adop- tion of its many and well-known platforms. Good old code ! . . . Dramatic is the story behind the newsreel clips of the as- sassination of King Alexander in Marseilles last week. All of the reels rushed their shots to Paris for lab work. The first prints were seized by the local gendarmerie, censored and slashed to the bone, the reason for that being a fear the assassin might have been a Frenchman. The negatives, how- ever, were smuggled to England by plane and by chartered speed boats, developed there for Lon- don theatres and prints placed on steamers due in New York to- day. Pathe, however, flew its clips to Cherbourg and caught the Bremen, by luck or vision avoiding what proved to be plenty of trouble along the Seine. Local sidelight amusing is the story many of the dailies fell for late last week. In it, Hearst Metro- tone laid credit for scenes of the murder in its then current issue. In other words, less than 96 hours after the deed had been done. Even Hearst can't do that. . . . T The star rating system, em- ployed by the Daily News and the cause of much discussion and some consternation among major company publicity and advertis- ing men, has undergone a change. The stars are now buried in the reviews and that makes them less easy to spot. Now the p. and a. men say they eventually will see the day when the entire system will be relegated to the limbo of the forgotten. The trouble has not been with four star pictures ; every company has been touting them on theatre marquees and in newspaper copy. Pictures rating less — that's been the rub. The feeling has been Columbia Hits Old High on Big Board Columbia Pictures, vtc Consolidated Film Industries Consolidated Film Industries, pfd. Eastman Kodak Eastman Kodak, pfd Loew's, Inc Paramount Publix. cts Pathe Exchange Pathe Exchange "A" RKO Warner Bros 554 Net High Low Close Change Sales 39*6 3854 39 +1 2,100 3% 354 3% + % 1,100 15% 15 15% + % 3,500 104 10254 104 +1 600 140 140% 140% 1,000 13% 13 13% + % 2,800 35 35 35 100 31% 30 3154 +154 13.900 4% 3% 4% + % 51.900 1% 1% 1% + % 3,100 1454 14 14 + % 500 . 254 2% 254 2.000 . 554 5 5% + % 7,400 Sentry Rises Eighth on Curb High Low Close Sentry Safety Control 54 54 54 Technicolor 13% 13 13% Trans Lux 1% 1% 1% Net Change + % + % Paramount F. L. Bonds Gain B1/^ High Low Close General Theatre Equipment 6s '40 754 7 754 General Theatre Equipment 6s '40, ctf 754 6% 754 Keith B. F. 6s '46 62 62 62 Loew's 6s '41, ww deb rights 103 102% 102% Paramount Broadway 554s '51 40 40 40 Paramount F. L. 6s '47 5954 56% 59% Paramount Publix 5%s '50 59% 57 59% Pathe 7s '37, ww 98% 98% 98% Warner Bros. 6s '39, wd 61 59% 61 Net Change + % + % % +3% +3 +2* Sales 200 800 600 Sales 11 14 5 4 5 30 66 1 30 that this hurts at the box-office, The trouble over lack of unanim- ity in the companies' attitude has been the natural and consequently the understandable temptation to capitalize four star winners whenever the News critics hand them out. Which is too often. . . . ▼ Herman Robbins' party at Schroon Lake this year was a If peach, the invited guests declare. The National Screen president every per annum takes his cus- tomers into the Adirondacks for hunting and fishing. Imbibing, in a nice way, of course, played a pretty substantial part in the festivities this year, too. The gang went up and back in a spe- cial bus carrying its own bar and , bartender. Or maybe it was bar- || tenders. . . . Wally Beery's new j deal with Metro is about set. 1 That stymies another Hollywood crisis of some sort or another. . . . ▼ Lawrence Langner, important man in the Theatre Guild's scheme of things, foresees the day when his organization, champion of the better things in the Ameri- can theatre, will produce its own pictures. It might be better for the Guild to concentrate a trifle more diligently on its first born first. . . . Between the Tri-Ergon situation which is crowding the board room of the Hays associa- tion these days and fear in high film ranks over what Upton Sin- clair will do if he wins the guber- natorial race this fall in Cali- fornia, the celluloid market on huddles is bullish once again. . . . KANN « Tower Day" Lunch Arranged by Ampa The Ampa tomorrow will observe "Tower Day" by way of celebrating the fifth anniversary of Tower Pub- lications and its editorial head, Ca- therine McNelis. Louis Nizer will be toastmaster and Elsie Janis, toastmistress. Eddie Can- tor, Ernst Lubitsch, Claire Trevor and Ginger Rogers will be among those at the dais. Entertainment will be supplied by Irving Kaufman, who is "Lazy Dan" of the air, and the Dun- can Sisters. "Barretts" Held Again "The Barretts of Wimpole Street'' will be held for a fourth and final week at the Capitol. This is the only picture to be held for that length of time in the history of the house with the exception of "Flesh and the Devil." Skouras, Buckley East Hollywood, Oct. 16. — Charles I Skouras, Charles A. Buckley and Ed I Zabel leave for New York tomorrow! night to discuss F. W. C. reorganiza- 1 tion plans and dispose of other accu- 1 mulated business. H. W. Kahn Forms Kameu I Henry W. Kahn, formerly manag- ing director for Fox Film in central Europe, has formed Kameo Pictures Corp. as a world wide distributor for American and foreign product. \,^v*yres*n+s I 1 mw r \ \ \ *' «Af lot yr^ B^s - am crasheb Wdf !t the s't cras^ T it ■ over\o0Kd .ety » eo*edv dtamat 0>iiy M \ior* EIGHT OPENINGS OVER^w* EEK-Ef RKO - RADIO PICTUR DIRECTED BY MARK SANDRICJ Dance Ensembles Staged by Dave Got PANDRO S. BERMAM PRODUCTIC ON A RAINBOW OF RHYTHMs RKO-RADIO BRINGS ANOTHER BOX-OFFICE BONANZA TO Tl D EACH ONE A RECORD BREAKER! NEW RECORDS DANCING TO THE MERRIEST TUNE IN MONTHS! BOSTON —First 3 days equals first 7 days business of "Flying down to Rio" which in- cluded New Year's Eve and Day (and you know what business "Rio" did.) HELD OVER FOR SECOND WEEK! KANSAS CITY —First 3 days equals "Little Women" record which played Thanks- giving Day and holds all time house record. HELD OVER FOR SECOND WEEK! OWMEN OF THE WORLD! MINNEAPOLIS —First 3 days within $700 of full week's business for "Rio" (and "Rio" was in top money class.) HELD OVER FOR SECOND WEEK! MEMPHIS —Doubles the best business since January and in for new house record. OMAHA —First 3 days indicate week will do $1500 better than any show in past six months. FORT WORTH . . GALVESTON, MILWAUKEE.. . they're still counting the money... we'll give you the figures later. 6 MOTION PICTURE DAILY Wednesday, October 17, 1934 Censorship Is Called Futile By Rosenblatt (.Continued from page 1) a movement that undoubtedly will soon extend to plays and books." In emphasizing his contention that the industry can regulate the moral phases of its production, Rosenblatt said : "Unacceptable motion pictures to which the public is not attracted cannot be successfully distributed or exhibited. "The consuming public of this country knows what it wants — par- ticularly so far as the amusement world is concerned. It will no more attend and thereby make a financial success of an unworthy motion picture production than it will listen to an undignified and unacceptable radio broadcast. "It was evident in March, 1934, that the place to do any cleaning up was at the source of the trouble — where the pictures were made and at the time they were made. It is inter- esting to note in this connection that, even at this time of emphasized in- terest in pictures, every proponent of some corrective step is quick to de- clare against government censorship. I myself do not believe in such a remedy, because I know that you can- not legislate morality. Self-regula- tion and education, under powerful and virile leadership, are the only ef- fective medicines. "The cure must come from within. Any outside corrective is futile." In support of his contention that leaders of the cleanup movement themselves were opposed to govern- mental censorship Rosenblatt quoted from speeches and statements by Car- dinal Mundelein, Archbishop Mc- Nicholas of Cincinnati, the Federal Council of Churches of Christ in America, Most Rev. James H. Ryan, rector of Catholic University of Washington, and Bishop Francis J. McConnel of the Methodist Episcopal Church. Envoy Says Pictures Are Harmful Abroad Kansas City, Oct. 16. — The charge that American films create a false im- pression of the United States abroad was made by Ruth Bryan Owen, Min- ister to Denmark, in an address be- fore the Women's City Club here. Mrs. Owen said that her job was made difficult by the type of films ex- ported, adding that it would please her to see pictures made showing the better side of Main Street, the typical American homes and the quiet vil- lages where people work by day and go to bed at night instead of sending to other countries films that do in- justice to our nation. "Public esteem is far too serious a thing to sacrifice to box-office profits," she commented. Says Phila. Off 40% Philadelphia, Oct. 16. — Movie at- tendance here has dropped 40 per cent as a result of the Legion of Decency drive, Lutheran ministers were told here at their weekly meeting by Rev. Thomas J. F. O'Ryan, rector of the Catholic Church of the Resurrection. Price Hike Seen Behind Texas Move (Continued from page 1) he compelled to boost admission tar- iffs with the knowledge that the public will not respond. He added a number of neighbor- hoods in Dallas had organized a com- mittee to handle the situation with the possibility that recourse to courts of law may result. "While these oper- ators are not members of Allied, they have nevertheless appointed me to the committee. Some action may crystal- lize next week," he said. Business in the smaller Texas towns is good, Cole said. "Many theatres are playing to 125-150 per cent of their population every week. I doubt if there is another section of the country which can report so satisfactory a con- dition," he concluded. Clemmons Calls Business In Texas "Satisfactory" Business conditions in Texas are very satisfactory, J. C. Clemmons, president of the Jefferson Amusement Co., operating 45 theatres in 20 Texas towns, stated yesterday. Theatre re- ceipts have picked up in the last year, but at the present time things are stationary, he said. The Jefferson circuit is rebuilding the Liberty, Beaumont, which recently burned down. The house, which will seat 900, will be opened on Nov. 14. Clemmons, who came in to attend a code hearing involving clearance on the Texan, Greenville, Texas, will be here for about a week lining up prod- uct. Otis U. Sullivan, partner in the Jefferson circuit, and operator of the Texan in addition to the Rita in Greenville, is also in town. J. M. Gordon, attorney for Jefferson, after attending yesterday's code session leaves for Beaumont today. Clemmons stated the circuit plans no new acquisitions or building at this time. Expect Allied Meet Will Be in Chicago Annual election of Allied officers will probably be held in Chicago in January, when a meeting of the board of directors is slated. Sidney Sam- uelson, president, will in all likelihood be re-elected. Reports are current that the newly formed I. T. O. of Mississippi will be the next unit to join the organization. Allied is reported anxious for repre- sentation in this territory, which is the stamping grounds of Ed Kuyken- dall and the Tri-States Exhibitors' Ass'n. Buy Two Features Samuel Cummins and Jacques A. Koerpel, heads of Eureka Prod., have purchased two English pictures, "Song at Eventide" and "Danny Boy," for release in America shortly. O'Donnell Leaves Today Robert O'Donnell of the Hoblitzelle- O'Donnell circuit in Texas leaves for Dallas today after conferences with Publix officials. RCA Silent While Erpi is now assur- ing its theatre customers that it will protect them in the patent situation brought closer to a climax by the U. S. Supreme Court re- fusal to review the findings of the lower court in the fly- wheel and double printing case, RCA Photophone ap- parently has done nothing by way of a move in the open. A company official yester- day declared no statements of any description had been made to date. Probe Is Started On Para. Workings (Continued from page 1) special commissioner for the Federal district court. The inquiry has listed for examina- tion, as and when subpoenaed, Ralph A. Kohn, Jesse L. Lasky, Sam Dem- bow, Jr., Neil F. Agnew, William S. Paley, George W. Trendle, John H. Kunsky, Elek J. Ludvigh, A. John Michel, Norman Collyer, Edward A. Brown, Joseph E. McDermott, Fred E. Mohrhardt, Marion Coles, Charles E. Hawthorne, Henry Anderson and Fred L. Metzler. The latter are pres- ent and former members of the Para- mount accounting, auditing and legal departments. The examination is being conducted by the Paramount Publix trustees, through counsel, and will make par- ticular inquiry into matters pertaining to the acquisition by Paramount Pub- lix of shares of its own stock in 1930, '31 and '32. All books, papers and records relating to such transactions are to be produced for inspection dur- ing the examination, which will also inquire into the amount, kind and whereabouts of Paramount property and other matters which may affect the administration and settlement of the debtor's estate. Farfan Starts Own Producing Company Hollywood, Oct. 16. — Robert Far- fan, former production manager for Mack Sennett, has formed his own company to produce a series of eight Spanish features with all Mexican casts. Release will be aimed at Latin American countries, principally Mex- ico. Farfan is also planning to con- struct his own studio between Agua Caliente and Tia Juana. He leaves for New York shortly to arrange dis- tribution. Bob Dunnick in Hospital Grand Island, Neb., Oct. 16. — Bob Dunnick, manager of the Capitol, an A. H. Blank house, was stricken with appendicitis last week and taken to a local hospital for an operation. John Krier, assistant manager of the Para- mount, Omaha, was rushed in to han- dle the theatre temporarily. M. H. Hoffman Is Here M. H. Hoffman, president of Liberty Pictures, is in town for story confer- ences with Budd Rogers on the addi- tional four pictures planned this season. Erpi Assures Protection in Patent Battle (Continued from page 1) Electric Sound Reproducing Equip- ment," reads : "Under dates of Nov. 29, 1933, and Jan. 25, 1934, we wrote you with re- spect to the matter of the suit brought by the American Tri-Ergon Corp. against Altoona Publix Theatres and Wilmer and Vincent Corp. involving the so-called fly-wheel patent. The recent action of the U. S. Supreme Court relating to this suit has been followed by many inaccurate and mis- leading statements. "We wish, therefore, again to ad- vise you that the suits in question do not relate to our equipment installed in your theatre. No action is called for at the present time relative to this equipment. We shall advise you if there should be any court decision affecting our equipment installed in your theatre. "If however, you should be inter- fered with in the use of our equipment, or should be threatened with any such interference, it is important that you communicate with us immediately by telegraph and give us at the earliest possible opportunity full written de- tails by mail. Any such communica- tions should be addressed to our New York office. Will Stick to Agreement "As you have been previously ad- vised, we will protect you in strict compliance with the provisions of our contractual agreement with you in the event of a patent infringement suit based upon our reproducing equip- ment being brought against you and provided, of course, that you are not in default under your agreement with us." In the meantime, the American Tri- Ergon situation has been the subject of several meetings to date of major company heads with John E. Otterson, president of Erpi, the latest having been held at the Hays office on Mon- day behind closed doors. Opinion looked upon as entirely re- liable holds the situation is one that is best described "as serious but not critical." Erpi and its licensed companies are expected to proceed along an iden- tical line of action. What form such action will take, it is reported, has not been developed as yet. Approach to the situation is said to be possible along several lines, but the decision reputedly rests largely on the majority opinion reached by Erpi and major company attorneys. Hayden, Stone Fox Met Bid Rejected (Continued from page 1) Met with Hayden, Stone issuing to the holders $4,500,000 in stock in the new company in exchange for the bonds of Fox Met. Hayden, Stone agreed to repurchase a part of the issue within a certain period. Giannini Reaches Coast Hollywood, Oct. 16. — Dr. A. H. Giannini returned today from his ex- tended European trip. Wednesday, October 17, 1934 MOTION PICTURE DAILY Approval for New Code Cost Plan Foreseen (Continued from page 1) the assessment allocation for a second time. All major companies had approved the plan and practically all of the smaller producers and distributors agreed to it. It was a surprise that the NRA turned it down. With Bare- l'ord consulting NRA heads on the setup, he has the power to accept for Campi. Most of the major companies al- ready have contributed to the main- tenance of Campi and when bills are sent out they will be on an annual basis, checked off against pavments on file. Bareford is due back tomorrow. Illinois and Texas Protests Are Heard Two individual protests were heard yesterday by an appeal committee con- sisting of Edward Golden, chairman ; E. L. McEvoy and Henry Sussman. The first case was that of B. & K., operating the LaGrange, LaGrange, 111., against George W. Kruger, Hins- dale, Hinsdale, 111., on premature ad- vertising. Jack Miller of the Essaness circuit appeared for the defendant. In the second case, the Greenville Amusement Co., operating the Rialto and Colonial, Greenville, Texas, com- plained against the Jefferson Amuse- ment Co. and East Texas Theatres, Inc., Beaumont, on overbuying. A. W. Lilly, complainant ; J. C. Clemmons, president of Jefferson; J. M. Gordon, attorney for Jefferson ; and Otis U. Sullivan of East Texas were on hand for the hearing. U. A. Wins Contract Complaint in Omaha Omaha, Oct. 16.— Jack Gelfand, manager of the Garden, Sioux City, la., defendant in a "validity of con- tract" complaint brought by United Artists, lost the decision before the grievance board, acting for the first time as an industrial adjustment agen- cy. At the same time the grievance board refused to allow distributors to sell or give a film to the local Vet- erans of Foreign Wars post for a benefit show on the grounds of unfair competition from a non-theatrical Loeb Here to Study Data Upon Agencies Edwin J. Loeb, legal representative for producers in Hollywood, is in New York conferring with executives in connection with the agency public hearing scheduled in Washington on Oct. 31. Because he wanted more time to get additional data on agency matters, Loeb telephoned Division Adminis- trator Sol A. Rosenblatt in Wash- ington on Monday and got a two-week postponement. The meeting was originally scheduled for today. Distributors Put Curb on Long Island Buying Pool (Continued from page 1) cuits sign contracts for product, they will not be able to spot book. Local exchange executives hold that each branch will sell circuits individ- ually and will not recognize a com- bine. The order is now in effect. Notwithstanding this edict, Maurice Brown yesterday held a session with a number of local independent exhibi- tors, representing about 50 theatres, to band together on new buying. The session was held in the Gold Room at the Lincoln, but no action was taken. The independents feel that by group- ing 50 theatres into one pot they can get better terms and playdates from exchanges. Whether distributors, in face of the "ban" on the Skouras- Seider-Schwartz arrangement, will consider a cooperative buying tieup of the independents, is not yet appar- ent, but indications are the setup will meet with opposition. Grievance Board's Delays Stir Anger Action of the New York grievance board constituency is becoming annoy- ing to some of the members, particu- larly at yesterday's session, which did not get under way until an hour after the scheduled time. Many of the members and their alternates could not be reached to sit. In face of the two overbuying com- plaints by Aaron Shusterman against Walter Reade, a recommendation was made to postpone the hearing. Shus- terman objected on the grounds that he had no pictures for his Red Bank house and needed relief. At the request of John C. Flinn, Al Friedlander of First Division came over and sat. After the meeting had been under way for about 15 minutes, Friedlander got up and started to walk out, claiming that such was the agree- ment with Flinn before he came over. Louis Geller, chairman, called Flinn on the phone and after a short con- versation, Friedlander talked to the Campi executive secretary and stayed for the rest of the hearing. Thompson Gets Perturbed At one point in the hearing, George F. Thompson, impartial member, per- turbed at the fuss, declared : "I'm not getting paid for being here. I'm doing this for the government. My only compensation is to come here and see Louis Nizer jump up and make a speech." Leo Justin of the Reade circuit de- fended his case while M. Albert of Weisman, Quinn, Allan & Spett acted for Shusterman. Shusterman operates the Strand, Red Bank, N. J,, in opposition to Reade's Carlton, same city, and the Roky, Perth Amboy, against Reade's Majestic, Strand and Crescent, same city. Shusterman claimed that he had been unable to get major product for either of his houses because his oppo- sition had purchased 240 pictures in Red Bank in addition to a deal pend- ing with RKO for 50 for Perth Am- boy. Nizer asked Shusterman if he would pay the same terms Reade is paying, if he were awarded relief, and the answer was yes. The board decided that Reade was guiltv in both instances, but, instead of allocating product, it left this part of the decision to Campi. The mem- bers did not want to tell distributors what product they must give up. Re- sponsibility for phrasing the verdict legally was left to Thompson, who is regarded as exceptionally fair. K. C. Bank Nights Lose After Appeals Bank nights received a further blow yesterday when Campi made public three appeals decisions upholding the Kansas grievance board in cases in- volving the practice. The complainant in each instance was Mrs. A. Baier of the Lindbergh Theatre, Kansas City. The respondents were Edwin S. Young, the Roanoke ; J. F. Rigney, the Westport, and W. D. Fulton, the Colonial and Southtown, all in Kansas City. Four other decisions in appeals cases were revealed yesterday by Campi. The Atlanta grievance board was upheld in ruling against Inde- pendent Theatres, operating seven houses in Chattanooga, Tenn., which complained the Rivoli, State and Rialto, in the same city, were obtain- ing more second runs than required. Lease Decision Upheld Harry E. Haff, operating the Pho- toplay, Adams, Mass., lost an appeal involving an extension of lease, with the Atlas Amusement Co., operating the Atlas in the same town, as the respondent. The authority threw out an appeal brought by the Astor The- atre, Chicago, which complained that the zoning schedule for that city fails to provide for the release of pictures to theatres charging 10-cent admission. While Campi upheld the Boston grievance board in dismissing the overbuying complaint brought by the Harvard Amusement Co., operating the Coolidge Corner Theatre, Brook- line, Mass., against the Capitol and Allston, Allston, Mass., it reversed a ruling of the Boston clearance board and granted the complainant's request that it be placed in a separate zone from the defendants. Campi Gets Latest Milwaukee Schedule Milwaukee, Oct. 16. — Following a meeting of the clearance and zoning board, a revised schedule for Mil- waukee county has been submitted to Campi in accordance with suggestions outlined by that body. Publication of the schedule will be withheld until ap- proved by Campi, following which, a hearing will be held on it. St. Louis Protests Fail St. Louis, Oct. 16. — In spite of the protests of theatre managers the City Council has approved the contract for presentation of "Ziegfeld Follies of 1934" in the Municipal Auditorium on Nov. 4. The city will receive a flat rental of $3,000 a week. < Purely Personal ► MARY ELLIS, stage star, will be seen on the American screen for the first time in "Bella Donna," a Twickenham picture to be distributed in this country by M. J. Kandel, head of Olympia Pictures. Charles Rosenzweig and Jules Chapman, sales manager and secre- tary of First Division, have left on an eight-week trip through the com- pany's exchanges. Maxine Doyle is on her way to Washington for a week of personal appearances at the Earle. She was mistress of ceremonies there before go- ing to the coast. Bernie Shapris has resumed the management of the City Hall The- atre and will do the buying for the Republic and Werbers, in Brooklyn. Al Selig got back from Boston yes- terday and was shipped off again to the bean town to work on "Trans- atlantic Merry-Go-Round." Abe Lehr, here for several weeks on business for Samuel Goldwyn, ex- pects to be around three weeks more. Then back to Hollywood. Lee Ochs will be tendered a dinner by the Monday Nighters next Tuesday evening at the M. P. Club. Ginger Rogers arrived in town to- day on the 20th Century for her first vacation here in two years. Abe Waxman is knee deep in work. Most of evenings are spent around the Gaumont British offices. Dorothy Lee has been signed to do a Vitaphone short in Brooklyn with Hal LeRoy. Mitzi Green will be interviewed over WMCA tonight at 6:30 by Sam Taylor. Junior Coghlan is en route to New York for a vacation with his mother. Lou Goldberg returned from Phil- adelphia yesterday. Casting Bureau on Air Hollywood, Oct. 16. — At the re- quest of the Columbia network, the Central Casting Bureau is furnishing a 15-minute broadcast at noon to- morrow for the purpose of explaining the working of the organization over a national network. Hugh O'Connell Triples Hollywood, Oct. 16. — Hugh O'Con- nell is tripling at Universal City. He has been assigned to work in "The Good Fairy," "The Man Who Re- claimed His Head" and "Strange Wives," all in work at the present time. Normanly to New York Hollywood, Oct. 16. — James P. Normanly left for New York tonight to attend the American Bankers' Ass'n. convention in behalf of the Bank of America. Jack Cohn Sailing • Jack Cohn, Columbia vice-president, sails for Europe on the Aquitccnia Friday night. The Gaumont British party will be on the same boat. MOTION PICTURE DAILY Looking 'Em Over "Gridiron Flash" (Radio) By taking a hardboiled young convict out of a prison football team, drafting him for a college eleven against his will, and then playing on the conflicting emotions involved between his desire to get back to his get-rich-quick crook friends and his unwillingness to desert a fight once started, Radio has introduced a new and exciting slant into the annual batch of gridiron films. "Gridiron Flash" has he-man appeal and con- siderable love interest as well. Eddie Quillan gives a smart performance as the youngster who is against the world in general until he finds a lot of people like him and are depending upon him to pull them through a tight spot. Betty Furness gives a convincing performance as the daughter of the campus constable (Edgar Kennedy), who tries to hold Quillan in college and brings him back when he has deserted on the eve of the crucial game. The football shots are well handled, and the comedy element is in- jected deftly by Lucien Littlefield and Kennedy. It's no epic, but it ought to make money where there are high school and college audiences. Glenn Tryon did a good job of directing. Produc- tion code seal No. 209. Running time, 63 minutes. "The Last Gentleman," this morning's opener at the Rivoli, was reviewed by wire from Hollywood on April 28. "Age of Innocence," tomorrow morning's opened at the Radio City Music Hall, was reviewed by wire from Hollywood on Aug. 25. "Little Friend " Thursday night's preview at the Roxy, was reviewed on Oct. 16. 8 "One Night," Show, Capital Hit, $24,400 Washington, Oct. 16. — "One Night of Love" was an outstanding hit here last week. It piled up $24,400, over par by $6,800. Don Bestor and his orchestra and a vaudeville bill helped out. "Cleopatra" also showed strength, getting $16,500, up by $2,000, at Loew's Palace. "Belle of the Nine- ties" was in the hit class again on an extended run at the Metropolitan with a take of $7,200. This is a new house record on the present scale. Total first run business was $82,200. Average is $74,900. Estimated takings, exclusive of tax, for the week ending Oct. 11: "ONE NIGHT OF LOVE" (Col.) EARLE— (2,218), 25c-77c, 7 days. Stage: Don Bestor & Orchestra; Cookie Bowers; Rogers & Wynne; Paul & Nina Ghezzi. Gross: $24,400. (Average, $17,600.) "THE NOTORIOUS SOPHIE LANG" (Para.) LOEW'S COLUMBIA— (1,264), 25c-40c, 7 days. Gross: $2,800. (Average, $3,100.) "OUTCAST LADY" (M-G-M) LOEW'S FOX— (3,434), 25c-66c, 7 days. Stage: Vaudeville premiere of Fokine Ballet. Gross: $19,000. (Average, $20,500.) "CLEOPATRA" (Para.) LOEW'S PALACE— (2,370), 35c- 77c, 7 days. Gross: $16,500. (Average, $14,500.) "BELLE OF THE NINETIES" (Para.) METROPOLITAN — (1,591), 25c-40c, 7 days, extension of run. Gross: $7,200. (Av- erage, $4,100.) "WAKE UP AND DREAM" (Univ.) RIALTO— (1,864), 25c-75c, 9 days. Gross: $2,300. (Average, $3,700.) "THE RICHEST GIRL IN THE WORLD" (Radio) RKO-KEITH'S— (1,836), 25c-55c, 7 days. Gross: $10,000. (Average, $11,400.) "Beautiful," Show $6,000, Portland Portland, Oct. 16. — Helped by foot- ball crowds, a stage show and a bally- hoo for the opening of the house, "Young and Beautiful" piled up $6,000 at the Orpheum. This is $3,000 over normal for the house. "Barretts of Wimpole Street" stood up in the face of the competition and went $1,000 over normal for a take of $6,000 at United Artists. "A Lost Lady" and "Million Dollar Ransom" succeeded in getting $5,200 at the Broadway. Total first run business was $26,000. Average is $23,000. Estimated takings for the week end- ing Oct. 12 : "A LOST LADY" (F. N.) "MILLION DOLLAR RANSOM" (Univ.) BROADWAY— (1,912), 25c-35c-40c, 7 days. Gross: $5,200. (Average, $5,000) "DOWN TO THEIR LAST YACHT" (Radio) HAMRICK'S MUSIC BOX— (2,000), 25c- 35c, 7 days. Gross: $2,000. (Average, $3,000) "THEIR BIG MOMENT' (Radio) "TAKE THE STAND" HAMRICK'S ORIENTAL— (2,040), 25c, 7 days. Gross: $1,800. (Average, $2,000) "YOUNG AND BEAUTIFUL" (Mascot) HAMRICK'S NEW ORPHEUM— (1,700), 25c-35c-40c, 7 days. Stage show. Gross: $6,000. (Average, $3,000) "CHARLIE CHAN IN LONDON" (Para.) PARAMOUNT— (3,008), 25c-35c-40c, 7 days. Stage show. Gross: $5,000. (Average, $5,000) "BARRETTS OF WIMPOLE STREET' (M-G-M) UNITED ARTISTS— (945), 25c-35c-40c, 2nd week, 7 days. Gross: $6,000. (Average, $5,000) Heat, Sports Bump Coast's Grosses Hard Los . Angeles, Oct. 16— Continued heat, football and" the World's Series scores knocked box-offices flat last week. The Paramount dropped "The Lemon Drop Kid" after five days to make room for "Mrs. Wiggs of the Cabbage Patch." The take was $14,- 837, which is pretty weak. "Desirable" failed to make an im- pression at either the Warners' Down- town or the Hollywood. Total first run business was $48,- 187. Average is $69,200. Estimated takings for the week end- ing Oct." 10: "CARAVAN" (Fox) L05W: STATE— (2,413), 30c-55c, 7 days. Gross' $19,750. (Average, $14,000.) "THE LEMON DROP KID" (Paara.) Paramount— (3,595), 30c-55c, 5 days. Stage: Rube Wolfe and his orchestra. F. & M. revue. Gross: $14,837. (Average, $18,000.) "DESIRABLE" (Warners) RKO— (2,700), 25c-65c, 6 days. Gross: $4,000. (Average, $8,000.) "DESIRABLE" (Warners) WARNER BROS. (HOLLYWOOD)— (3,- 000), 25c-65c. 6 days. Gross: $7,300. (Av- erage, $14,000. "KANSAS CITY PRINCESS" (Warners) "NAME THE WOMAN" (Col.) WARNER BROS. (DOWNTOWN— (3,- 400). 25c-40c, 6 days. Gross: $7,100. (Av- age, $12,000.) "A GIRL OF THE LIMBERLOST" (Monogram) PANTAGES— (3,000), 25c-40c, 7 days. Gross: $4,200. (Average, $3,200.) IATSE Head Is in L. A. Los Angeles, Oct. 16. — George Browne, I.A.T.S.E. head, arrived to- day from San Francisco, where he at- tended the A. F. of L. convention. He will remain two weeks to rest and to study the studio situation as it affects the I.A.T.S.E. "Du Barry" Is $32,000 Lead As Hub Gains Boston, Oct. 16. — In a week of gen- eral gains "Madame Du Barry" ran awav with the big money here with $32,000 at the Metropolitan. This is $4,000 over average. "Wake Up and Dream" garnered a fine $18,000 at the Boston, over the line by $2,000. "Big Hearted Herbert" was $1,500 up at $10,500 in the Fen- way- "The Count of Monte Cristo" was good for $17,000 in its fourth week at Keith's. This is the first time in sev- eral years that a picture has been held that long at this house. Total first run business was $106,- 000. Average is $94,000. Estimated takings for the week end- ing Oct. 11 : 'WAKE UP AND DREAM" (Univ.) BOSTON— (2,900), 25c-50c, 7 days. Vaude. Gross: $18,000. (Average, $16,000.) "BELLE OF THE NINETIES" (Para.) "BIG HEARTED HERBERT" (Warners) FENWAY— (1,800). 30c-50c, 7 days. Gross: $10,500. (Average, $9,000.) "COUNT OF MONTE CRISTO" (U. A.) KEITH'S— (3,500), 30c-65c, 7 days, 4th week. Gross: $17,000. (Average, $16,000.) "OUTCAST LADY" (M-G-M) "HAVE A HEART" (M-G-M) LOEW'S STATE— (3,700), 35c-50c, 7 days. Gross: $17,500. (Average, $16,000.) "MADAME DU BARRY" (Warners) METROPOLITAN — (4,350), 30c-65c, 7 days. Ted Lewis and Band. Gross: $32,000. (Average, $28,000.) "BELLE OF THE NINETIES" (Para.) "BIG HEARTED HERBERT' (Warners) PARAMOUNT— (1,800), 30c-50c, 7 days. Gross: $11,000. (Average, $9,000.). Postpone Frisco Benefit San Francisco, Oct. 16. — The Sam Harris testimonial benefit show has been postponed from Oct. 25 to a date to be announced later. J Wednesday, October 17, 1934 1 "Priest" and "Street" Top ] Twin Cities Minneapolis, Oct. 16. — "The Bar- '1 retts of Wimpole Street" and "Judge -] Priest" were the two outstanding at- j tractions of the week in the Twin j Cities. The former took percentage j honors with a gross of $6,000, up by j $2,000, at the Century here, and the j latter went $1,000 over normal on a ] gross of $6,500 at the State- "There's Always Tomorrow" made a fine showing with $3,000 at the j World here and $5,000 at the St. Paul J Orpheum. "The Defense Rests" took 1 §6,500 at the Minneapolis Orpheum. Total first run business in Minne- 1 apolis was $25,500. Average is $21,- j 000. Total for St. Paul was $18,500. 1 Average is $16,000. Estimated takings : Minneapolis : Week Ending Oct. 11: "THE BARRETTS OF WIMPOLE STREET' (M-G-M) CENTURY— (1,000), 35c-55c, 7 days: Gross: $6,000. (Average, $4,000.) "DEATH ON THE DIAMOND" (M-G-M) LYRIC— (1,000), 20c-25c, 7 days. Gross: $1,500. (Average, $1,500.) Week Ending Oct. 12: "THE DEFENSE RESTS" (Col.) RKO ORPHEUM— (2,900), 25c-50c, 7 days, j Amos and Andy in person. Gross: $6,000. fl (Average, $5,500.) "JUDGE PRIEST" (Fox) STATE— (2,300), 25c-40c, 7 days. Gross: $6,500. (Average, $5,500.) "YOUNG AND BEAUTIFUL" (Mascot) TIME— (300), 25c-35c, 7 days. Gross: j $2,500. (Average, $2,500.) "THERE'S ALWAYS TOMORROW" (Univ.) WORLD— (400), 25c-75c, 7 days. Gross: i $3,000. (Average, $2,500.) St. Paul: Week Ending Oct. 11: "THE LAST GENTLEMAN" (U. A.) PARAMOUNT— (2,300), 25c-40c, 7 days. 1 Gross: $5,800. (Average, $5,500.) "BULLDOG DRUMMOND STRIKES BACK" (U. A.) RIVIERA— (1,200), 25c-40c, 7 days. Gross: I $3,700. (Average, $3,500.) "THERE'S ALWAYS TOMORROW" 1 (Univ.) RKO ORPHEUM— (2.000). 20c-40c, 7 days. Gross: $5,000. (Average, $4,000.) "KANSAS CITY PRINCESS" (Warners) TOWER— (1.000), 15c-25c, 7 days. Gross: $1,500. (Average, $1,500.) "HEART SONG" (Fox) WORLD— (300), 25c-75c, 7 days. Gross: i $2,500. (Average, $2,000.) Grainger Sees Upturn Hollywood, Oct. 16. — James R. Grainger, Universal sales head, on his arrival here yesterday, said facts at his command indicated business is improving throughout the nation. He will remain two weeks consulting with studio executives and lining up product to be released after Feb. 1. Fred Kolmar Is Coming \ Hollywood, Oct. 16. — Fred Kolmar. Samuel Goldwyn's production assist- j ant, was eastbound tonight. He will j be in New York four months, during which he will make preparations for I Eddie Cantor's next film. Breen Reported on Way Hollywood, Oct. 16. — Joseph I. I Breen is reported on his way east for I a Hays meeting, understood to be set I for Friday. Picture Industry MOTION PICTURE DAILY Alert, Intelligent ■Faith HH lirvillfjtr the Industry in All Branches VOL. 36. NO. 92 NEW YORK, THURSDAY, OCTOBER 18, 1934 TEN CENTS NRA Approves New Code Cost Plan Details All Three of Industry Branches Included Washington. Oct. 17. — Assess- ment schedules for producers, distrib- utors and exhibitors were given ap- proval of the NRA today, as exclus- ively indicated by Motion Picture Daily today. The producer-distribu- tor plan is based on a yearly levy while the exhibitor levy is for the second half year. Deputy Adminis- trator William P. Farnsworth, in making the announcement, added that any objections may be filed with him up to Oct. 30 when, unless substantial opposition has been expressed, they will become effective. It was said, however, that both schedules have received the approval of all interests and it is not antici- (Continued on page 11) Dent in Salt Lake As Famous Partner Louis L. Dent takes over the Pub- lix-Salt Lake circuit of 13 houses on a short term partnership operating contract with Famous Theatres, Para- mount subsidiary, as of Oct. 15, Y. Frank Freeman, head of Famous, said yesterday. The contract runs to June 27, 1935. Publix-Salt Lake was formerly operated by Louis Marcus for Famous, which exercised its right to cancel on the expiration of the partnership con- tract several months ago. Since that time Marcus has continued in charge of the circuit unofficially. Civic Groups Deny M. P. Council Aid Twenty-two of the civic organiza- tions of the 35 represented at a recent conference called by the M. P. Re- search Council deny they are com- mitted to the "new" program of the council. Nineteen of them emphat- ically question the propriety of a pub- licity release sent out by Herbert S. (Continued on page 8) Product Contracts Await Kent Return Signing contracts in the local prod- uct situation affecting Skouras, Loew's, RKO and Randforce is being (Continued on page 8) Fox Files Patent Suits Against Five Companies Insiders' Outlook . . . Two Pieces in a Jig-Saw Puzzle SERIOUS, but not critical. Four words, but they tell as much as can be told of what races through the minds of the men who should know their oats in Erpi and in Erpi's licensed companies, which means most of the large producing, distributing and exhibiting corporations, on the American Tri-Ergon patent situation. The rest of the story is interesting, but not conclusive because its component parts are made up of points and issues, yet in doubt, but to be determined in days and months, perhaps, in years, to come. . . . T Overlooked at large is the fact that the United States Supreme Court did not pass on the validity of the flywheel and double print- ting patents. It merely refused to review the findings of a lower United States Court of Appeals. What that may imply when the issue is carried further is merely one of the angles that have pre- cipitated so many and so wild stories in the canyons leading off Times Square. Doubted in some quarters, but even if proven cor- rect that the Supreme Court's action establishes the ownership of the patents which are con- trolled by William Fox through a 90 per cent stock ownership of American Tri-Ergon, the story may be regarded as beginning, not ending, with that. . . . T For instance, there is specula- tion over exactly how valuable or indispensable these patents will prove to be. To some indus- try observers, their value may be no more than the value placed upon them by Erpi and RCA Photophone. The possibility is anything but remote that the fly- wheel patent, which is held to be more important in Photophone equipment than in Western Elec- tee's, may be substituted for a gadget, non-infringing and geared to do the same work, but called something else. The lawsuits in Pennsylvania being anything but new, there is the opinion ad- vanced, too, that the efficient Bell Telephone Laboratories, A. T. and T. -controlled, have been awake to the possible ultimate consequences and so have been digging into their well-filled bag of scientific tricks for an ade- quate replacement. . . . In one direction, the activity of the Bell Labs is reported to have been crowned with satis- factory results. Elsewhere, this is discounted while, at the same time, admission is made the job is and has been rating serious consideration without benefit of publicity fanfare or a tip on re- sults. If this endeavor is crowned with success, the possibility — only that — is that the flywheel patent may be met by the simple and well known expedient of beating around the bush. If speculation, therefore, may be permitted to dispose of this end of the case, what about double printing? An answer is advanced for this, too. It is known as the hill and dale method of recording which, in the opinion of some sound engineers, is a consider- able improvement over the old lateral cut disc system. There are those who lean in speculative mood on the conjecture that hill and dale might be employed for original recording and subse- quently re-recorded on film from discs without turning to the dou- ble film printing method, thereby avoiding infringing of the Tri- (Continued on page 11) (U," M-G-M, Columbia, Consolidated, First Division Named William Fox's American Tri-Ergon Corp. moved yesterday to enjoin M-G-M, Universal, Columbia, First Division and Consolidated Film In- dustries from further use of the double print and flywheel patents, instituting all five actions in the U. S. District Court here. In addition to the injunctions sought against the five companies, Tri-Ergon asks the usual accounting of profits and damages. The actions are re- garded as Fox's first step toward ap- plication of the U. S. Supreme Court's recent recognition of the validity of the Tri-Ergon patents and the key to his future policy and program of ac- tion. Speculation as to why only five companies were named in the actions filed yesterday went unanswered at the law offices of Ward, Crosby and (Continued on page 11) Expect Bond Group To Revamp Fox Met That the bondholders' committee of Fox Metropolitan Playhouses will proceed with its own reorganization of the circuit following its rejection of the Hayden, Stone & Co. bid for the circuit's assets was indicated as a probability by members of the com- mittee yesterday. The committee's reorganization plan will be dependent upon the ac- ceptance by Skouras and Randforce of new short term operating contracts, probably of two years' duration, in (Continued on page 10) BIP-Gaumont Deal Dead, Says Myers "If the B.I.P.-Gaumont British deal was ever begun it's finished now," said Maurice Myers, London stock broker banker, and reported to be (Continued on page 8) Movietone Plane in Crash; One Drowned One man was lost and four others were rescued yesterday when a Sikorsky plane crashed and sank (Continued on page 10) MOTION PtCTUftB DAILY Thund.y, Octob.r II, 1934 MOTION PICTURE DAILY (Registered U. S. Patent Office) Vol. 36 October 18, 1934 No. 92 Martin Quigley Editor-in-Chief and Publisher MAURICE KANN Editor JAMES A. CRON Advertising Manager 1 Published daily except Sunday and holi- days by Motion Picture Daily, Inc., sub- sidiary of Quigley Publications, Inc., Martin Quigley, President; Colvin Brown, Vice-President and Treasurer. Publication Office: 1790 Broadway, New York. Telephone Circle 7-3100. Cable ad- dress "Quigpubco, New York." All con- tents copyrighted 1934 by Motion Picture Daily, Inc. Address all correspondence to the New York Office. Other Quigley pub- lications- MOTION PICTURE HERALD BETTER THEATRES, THE MOTION PICTURE ALMANAC and THE CHI- CAGOAN. „ _ _ . T.f Hollywood Bureau: Postal Union Lite Building, Vine and Yucca Streets, Vi<*°l M. Shapiro, Manager; Chicago Bureau: 407 South Dearborn Street, Edvnn S. Clif- ford, Manager; London Bureau: Remo House, 310 Regent St., London, W. 1, Bruce Allan, Representative. Cable address: "Quigpubco, London"; Berlin Bureau: Berlin-Tempelhof, Kaiserin-Augustastrasse 28, Joachim K. 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Dedicate Jewish Center Los Angeles, Oct. 17. — The official dedication of the new Jewish Com- munity Center has been completed here and the Gerald D. and Lilabelle Steb- bins Playground has been formally turned over to the Jewish Center Assn. by Arthur Stebbins. The Center building itself was opened early this summer, but formal opening awaited its complete furnish- ing. . . Rabbi Jacob Kohn of Temple Sinai was the principal speaker at the ser- vices, which were held Sunday night. Rabbi Maxwell H. Dubin of the Wil- shire Boulevard Congregation also spoke, as did Marco R. Newmark, president of the Federation of Jewish Welfare Organizations. H. N. Swanson on Coast Hollywood, Oct. 17. — H. N. Swan- son, former production executive for Radio, has arrived here from New York as representative of an Eastern literary agency. Swanson, who was once editor of College Humor, brought 75 stories with him and will immediately set up offices in Hollywood. DeSylva to Do "Colonel" Hollywood, Oct. 17. — Buddy De- Sylva's first picture on a new long term producing contract with Fox will be "Little Colonel," one of a series. The film will star Shirley Temple. David Butler is set for the directional post. Court Ends Sale of Photocolor Shares Sale of securities of the Photocolor Corp. and Photocolor Pictures has been halted by an order signed by Justice Salvatore A. Cotillo in Supreme Court here. Besides the two firms the order names the following as defendants : Frank E. Nemec, president of Photo- color Corp. ; John A. Bolles, of 522 5th Ave. ; Henry A. Tupper, of Bronx - ville, N. Y. ; C. Dayton Brown, of West Englewood, N. J. ; Arthur Wad- dingham, of Dobbs Ferry, N. Y. ; Frederick J. Lind, of 70 Pine St.; William H. Odell, Jr., of 521 5th Ave. ; Harold D. Kitchell, of Kenmore, N. Y., and Godfrey H. Cheston, of Buffalo. The defendants were ordered to show cause next Tuesday why the in- junction should not be continued and why a temporary receiver should not be named for the companies. The order was obtained by Bertha Schwartz, assistant attorney general, who charged that the Photocolor Corp. has claims and judgments totaling $160,000 against it, while its studio at Irvington-on-Hudson, N. Y., has against it first mortgage gold bonds in default amounting to $388,600. Set Broadcast Series Warners have closed a deal for a series of broadcasts on an advertising hour from 3 to 3 :30 o'clock every Sunday over a NBC hookup. The broadcasts will be in the form of sketches called "Sally of the Talkies" and will detail the adventures in the Warner studios of a girl winner of a beauty contest. Sets Deal on "Gay Love" Empire Films, Ltd., has closed with Sam W. Smith of British Lion to distribute "Gay Love" with Sophie Tucker in Canada. An American dis- tribution deal will be set tomorrow before Smith sails for London. Radio Lineup to Kincey A deal has been closed with the H. F. Kincey circuit for the entire 1934-35 Radio lineup. Twenty-two theatres in the Carolinas and Virginia are in- volved. Hint at Production In Canada for G-B Toronto, Oct. 17.— Following the visit to Toronto of Jack Hulbert, British film comedian, and Michael Balcon, production director of Gau- rr.ont British, intimation has been made by N. L. Nathanson, president of Famous Players Canadian Corp., that Canada was under survey as a future production field by Gaumont. The hint was also dropped by Balcon during his stay here. Michael Balcon, when asked to com- ment on Nathanson's statement, said yesterday that his company was con- sidering a picture with a Canadian background and starring Jack Hulbert. In that case, he continued, the outdoor shots would be filmed in Canada, but all the other work would be done in the company's studios in England. "Aran" Opens Tonight "Man of Aran," directed by Robert Flaherty for Gaumont British, will open tonight at the Criterion. The film was made on a barren island off the Irish coast with a native cast. Among those invited for the open- ing are : Leo Macaulay, Sir Gerald Campbell, British consul general, and Lady Campbell ; Dr. Antonio Gros- sardi, Sylvester Sabatino, Miriam Hopkins, Eddie Cantor, O. O. Mc- Intyre, Ernst Lubitsch, George P. Putnam, Arnold Genthe, Arthur Hays Sulzburger, Regis Toomey, Harry Hershfield, Jack Lait and William O'Dwyer. Present Mussolini Cup Antonio Grossardi, Italian consul general, last night presented the Mussolini cup recently awarded for "Man of Aran" to Mark Ostrer, chair- man of the board of Gaumont British, and to Robert Flaherty, director. The presentation was made at the Ritz Carlton following a preview and din- ner given for the benefit of the Architects' Emergency Committee. Sherman Quits Mascot Al Sherman, director of publicity and advertising for Mascot Pictures, has resigned his post, effective Nov. 1 and will leave early in November for London. Loew's Pfd. Soars 4 on Big Board Net Columbia Pictures, vtc Consolidated Film Industries Consolidated Film Industries, Eastman Kodak pfd. Fox Film "A" Loew's, Inc Loew's, Inc., pfd Paramount Publix, cts. Pathe Exchange Pathe Exchange "A".. High Low Close Change Sales 3954 38J4 3854 - 54 1,300 3% 354 3% 400 15% 1554 1554 -% 1,200 10454 10354 10354 - 54 600 1405i 14054 13% 14054 3,000 14 13% + 54 2,300 31% 31 3154 9,600 97J4 97% 9754 +4 100 4% 4% 4% -% 7,300 154 154 m - % 2,100 15 1454 1454 + 54 1,700 254 254 254 1,300 554 S SVs 2,100 Technicolor Rises Eighth on Curb Net High Low Close Change Sentry Safety Control 54 % % Technicolor 13% 13% 1354 + % Trans Lux 1% 1% 1% Paramount Broadway Bonds Up 2 High Low General Theatre Equipment 6s '40 754 7 Keith B. F. 6s '46 615/6 61% Loew's 6s '41, ww deb rights 103 10254 Paramount Broadway 554s '51 42 4154 Paramount F. L. 6s '47 59% 58% Paramount Publix 554s '50 59% 59 Pathe 7s '37, ww 995* 99 Warner Bros. 6s '39, wd 61 60 Close 7 61% 10254 42 5954 59% 995* 60% Net Change -54 -% -% +2 - 54 - % + % -% Sales 100 2,600 100 Sales 12 1 12 < Purely Personal ► ANNE JOHNSTON, 16-year-okl| high school girl of Jackson Heights, leaves for the coast this! week to go to work for Monogram. She was winner of the Monogram- Agfa-Ansco beauty contest Mark Ostrer, Jeffrey Bernerd, Michael Balcon, Gaumont British executives, and Nova Pilbeam andi Jack Hulbert, G-B players, return to England tomorrow aboard the Aqui- tania. Helen O'Donnell, secretary to Bob Sisk, is visiting her family in Cleveland and returns here in about two weeks prior to transferring to the new Sisk office at the Radio studio. Bette Davis and her husband, Harmon Nelson, have left Holly- wood for Boston by auto. They in- tend to visit Nelson's relatives. Jeffrey Bernerd gave an informal luncheon for trade paper representa- tives in his tower apartment at the Waldorf yesterday. Harry Goetz is slated for a Cana- dian Radio Commission broadcast to- morrow night on "The Count of Monte Cristo." Ad Schulberg has changed her mind about going to Europe and is spending the rest of her vacation in town. M. A. Lightman of Memphis on the calling list at Frank Freeman's office at Paramount yesterday. Al Thomas has just completed the first of a series of two-reelers called "Here We Go Again." Marion Davtes, who has been spending 10 days here following her European trip, has left for the coast. Barbara Stanwyck will be guest star on the Rudy Vallee radio hour over the NBC network tonight. Kay Fran cts will leave for the coast tomorrow. She returned a few days ago from Europe. Charles Tobias, song writer, has been signed by the Small-Landau agency. Bebe Daniels and hubby Ben Lyon are at the Lombardy from the coast. Brings New Color Shorts First four prints of the new "Musical Moods" series in the three- color Technicolor process have been brought to New York by Robert C. Bruce. Fourteen more are to be made. The completed subjects are: "Irish Melody," "Italian Caprice," "Medit- erranean Songs" and "Barcarolle." First Division Exchanges are handling distribution. George Kann to Pioneer Hollywood, Oct. 17. — George Kann, former unit manager for M-G-M, has joined Pioneer Prod, as business production manager. Pioneer is headed by Jock Whitney and dis- tributes through Radio. To Show Cantor Film United Artists will give Eddie Can- tor's "Kid Millions" a trade showing at the Astor on Tuesday morning. HERE Y'ARE, FOLKS! GET YOUR WINNING COLORS IN COMEDY- FROM WARNER BROS. JOE E. J 1 L \ 6 DAY BIKE RIDER Backed by $100,000 Quaker Oats tie-up and already a mop- up in its first dates, including "a new high for the season" at Indianapolis Lyric!. . .Just one of the Warner laugh list that includes "Happiness Ahead," "Madame Du Barry/' "Big Hearted Herbert," "Kansas City Princess," "I Sell Anything." BEN BLUE VITAPHONE SHORTS See any one of his hilarious "Big V" series for proof that Vitaphone leads in comedy . See Vitaphone when you want the cream of comedy names, including Leon Errol, El Brendel, Shemp Howard, Roscoe Ates, Allen Jenkins, Daphne Pollard, Easy Aces, Georgie Price. oing I DOW WALTZ! (To Your Box-Office!) 3 *** METRO GOLDWYN MAYER mimmts WIDOW ?',:>■ Bib*-;" *4 * * ^ It wasn't Election Night on Broadway! It was the brilliant World Premiere of the new $2 Astor hit! THE CRITICS WALTZED to their typewriters and sang: **** (Four Stars). A new "MERRY WIDOW" emerges at the Astor. Ernst Lubitsch has devised something delightfully fresh and thoroughly en- tertaining. —Kate Cameron. Daily News Debonair and witty photoplay that reveals the master of cinema high comedy in his brightest mood. The incomparable Lubitsch proves once more his vast skill at genuine cinema wit. A thousand of those superb "Lubitsch touches". You will probably be picking your favorite ones for yourself. — Richard Watts, Jr., Herald-Tribune "MERRY WIDOW" opened at super-gala pre- miere with huge crowds jamming sidewalks. Lubitsch comedy deftly put over. — Rose Pe/swt'dc, Eve. Journal Witty and incandescent in the excellent Lubitsch manner, heady as the foam on champagne, fragile as mist and delicately gay. Ensemble numbers are breath-taking. Mr. Chevalier has never been better in voice nor charm. Miss MacDonald — a captivating personality and a lyric voice. The Winter season has been royally crowned. — Andre Sennu/ald, Times Audience applauded each song, each actor. All the lovely Franz Lehar score is there, sung delightfully. Romantic music, lilting gracious waltzes that live on in memory .There are enough laughs to keep an audience giggling most of the t'me- — Eileen Creelman, Sun Gaily abandoned ! A grand show. It makes the original seem stodgy. A "MERRY WIDOW" which we are sure is the merriest of them all. — Martin Dickstein, B'fclyn Eagle The exquisite, haunting melodies stir to thrill- ing, sparkling life. Lubitsch triumph glows in all its glory. A delight alike for eye and ear and heart and soul. Lubitsch's sly, chuckling humor is pointed with impish precision. Film leaves audience bemused by its beauty, thrilling to its songs. Truly Metro's masterpiece. — Regtna Crewe, N.Y. American Nothing but the touch of Lubitsch could trans- mute the love pulsations of Count Danilo and the beauteous Sonia into the wickedly irreverent spasms which pour forth. Continuously stimu- lating. An utterly enchanting picture. — Thornton Delehanty, Post LK UP ANOTHER *2 HIT FOR M-G-M! WHAT YOUR PROC I Thrilling over a million readers of the Literary Digest weekly — now thrilling millions more on the screen! THE SPICE OF LIFE The week's best jokes, gags, wisecracks and humor, carefully edited and presented in a manner that will get roars from any audiencel Produced by Mentone Productions, Inc. SCREEN SNAPSHOTS 3 ik ^ — Liberty Magazine Here are the first 3 uproarious and riotous 2-reelers of Columbia's 26 for 1934-35! BLACK with the Three Stooges! Good for a million laughs! "Goofy laughs . . . broad laughs. Based on the goofy motif." FILM DAILY S THE C with Andy Clyde! Funniest short he's made! "Really funny." FILM DAILY Hwith Harry Langc will hav with Harry Langdon. The famous Langdon pan will have them in the aisles! t m last year), Bach's St. John's Pas- m and Mass in B Minor, Handel's lomon and notable scenes in concert m from Wagner's Tristan and Isolde 1 Siegfried are up for performance, i the roster of soloists one finds the ne of Paul Wittenstein, the one- ned pianist who makes his Boston )ut this year and for whom Maurice vel wrote a concerto which Mr. Wit- stein will give its Boston premiere, her debutants will be Viola Mitchell, linist, and Gertrude Kappel of the tropolitan Opera. Elsa Alsen, Olga erino, Beata Malkin, Margaret Mat- iauer and Myra Hess will return this r, as will Paul Althouse, Walter seking, Jascha Heifetz, Albert Spald- and Gregor Piatigorsky. Filip ^ar, composer-pianist, will be heard h the orchestra in a new work of his n. Guest conductors during the mid- son holiday customarily taken by Dr. ussevitzky will be Igor Stravinsky, o ^returns to Boston after several rs' absence, and Adrian Boult, the anguished conductor of the B. B. C. orchestra of London, who visits us for the first time. Martino to Direct Opera According to the latest information available, plans are rapidly going for- ward for the establishment of a resident opera company here in Boston, under the direction of Raffaele Martino, well known hereabouts as the conductor of the 18th Century Symphony Orchestra. Aido Franchetti has been appointed conductor and a portion of the reper- toire includes Paul Allen's Last of the Mohicans, Boito's Mefistofele and II Filosofo di Campagne none of which are familiar to Boston. The usual stir is noticed in studios, music schools and conservatories. En- rollment appears to be satisfactory and although the pre-depression level has not yet been regained, the outlook is hopeful. The directors of the Malkin Conservatory are announcing that Moses Smith, music critic of the Boston Tran- script, will give a course in score read- ing for amateurs and music lovers with no great amount of technical knowledge and the New England Conservatory of Music again places emphasis upon the value of the orchestral training offered its students under its director, Wallace Goodrich. Educational Novelty By far the most interesting educa- tional experiment launched in Boston in some time, however, is the series of Musical Movies to be presented at the Exeter Street Theatre during October by Eleanor Brigham. The idea is entirely original with Miss Brigham, who is eminently fitted to undertake this bit of musical pioneering. She is the author of several successful books and the founder of the Pianoforte Teacher's Society of Boston. Musical Movies will cover a wide field, as is evidenced by the sub-titles such as Lives of Musicians, The Instru- ments of the Orchestra, Jack and Jill in Songland, Acoustics, Sound Waves, Opera Stories and others. Miss Brig- ham has selected the best to be obtained in musical literature and the instru- mental portions of the picture programs will be illustrated by each instrument of the orchestra in turn and by the com- plete orchestra as a unit. Dance music of intrinsic worth will be danced and for the "opera" movie, Miss Brigham has arranged that singers from the Metropolitan Opera shall present two scenes from an opera. The generous response to this idea should be indicative of the success of the venture. It is only WALTER GOLDE Teacher of Singing Coach in Repertoire Program Building Studio: Steinway Building, 113 W. 57th St., New York 'Phone: Circle 7-2433 too apparent that makers of films, to- gether with proprietors of movie theatres are more than willing to co-operate in presenting the better type of film pro- gram if the support of the public can be secured. Grace May Stutsman { Cosmopolitan Opera Opens N. Y. Season I (Continued from page 3) The cast of Carmen included Coe Glade in the name-part, Jana Nigrey, an American soprano, making her first New York appearance as Micaela, and Armand Tokatyan, formerly of the Met- ropolitan, as Don Jose. Carl Schiffeler sang Escamillo and the remainder of the cast included Thelma Votipka, Georgia Standing, Albert Mahler, Paul Dufos, Amund Sjovik and Pietro Bussy. Michel Steiman, from the Paris Opera- Maunce Seymour Coe Glade, Applauded for Her Carmen in the Cosmopolitan Opera's First Performance Comique, who came to this country es- pecially to conduct in Mr. Rabinoff's organization, led the performance, and Dr. Ernest Lert, formerly of the Met- ropolitan, was stage director. The solo dancers in the ballet in the final scene were Joyce Coles and Nicholas Daks. Miss Glade repeated her atmospheric and vocally fine performance of the Merrimee-Bizet heroine heard here un- der other auspices. It was a very sat- isfactory Carmen from most points of view and won her well-deserved ap- plause. Miss Nigrey displayed an ex- cellent voice and did creditable work in her duet with Jose in the first act and her aria in the third. Mr. Schiffeler's Toreador Song was sung stirringly and brought quick response from the audi- ence. The remaining roles were credit- ably filled. Mr. Steiman held his forces well in hand and in the overture and the two beautiful entre-acts, conducted with excellent effect, though occasionally his beat was metronomic rather than inter- pretative and an ambitious tympanist displayed a tendency to get out of hand. The volume and tone of the orchestra was excellent and the chorus, in which many of the Metropolitan choristers were recognized, sang with effusion. Mr. Lert's stage-manaj trifle unquiet in spots, the side of the unstereoty eral tone of the perform was a gratifying one. Moussorgy's Boris G sung in Russian on the e 9, with Max Panteleiff part, Ivan Ivantzoff as Ej wina Eustis as Marina, cast were Vladimir ij Tcherkassky, Ivan Velil Romakoff, Lydia Korei Shvetz, Joseph Kallini Hawkins, Elena Shvec Fedora, Florent Stonisl Beiostotzky and Stefan Mr. Steiman conducted. 1 Russian performances to announced as under the j the Art of Musical Russia Operas announced for of the week were Lohengr La Boheme and Aida in repetitions of Boris G< Boheme and Carmen. Besides Mr. Rabinoff, th the organization include King as chairman of the garet Anglin, Frank Pee man Bernstein, Dr. A. A. Ij Chandler Christy, Mrs. I Dr. John Lovejoy Elliott, Esberg, Dr. Milton J. Fe William J. Finn, Mrs. Feli; Gabrilowitsch, Dr. George Leopold Godowsky, Mrs. water, Dorothy Gordon, Ir mann, Rita Hocheimer, Ire: Isabel Lowden, Mrs. W. land, Judge Julian W. Macrae, Dudley Field IV Harold V. Milligan, Loui: Dr. Frederick B. Robin: Rosoff, George L. Schein, j Spaeth, Mrs. Lionel Su Thomas and George E. W instruction for cftS Members of Cosmopolitan < Give Pre-season Co A special pre-season cone en for the members of the ( Opera Association, Max Ra aging director, at the Hip Sept. 21. Beginning witl two violins played by Mai ginia Drane, the program j a display of the talents of v, bers of the Cosmopolitan Oj personnel. Rosemarie Brancato woi applause for her Mad Scene and Caro Nome. Anne j warmly received in arias fro and Manon Lescaut as was leieff in an aria from Prim Moussorgsky's The Flea, from Rigoletto was sung Brancato, Dorothy Bacon, J and Millo Picco. The sextet sung by Miss Brancato, IV Mr. Dunbar, L. Oliviero, and Guido Guidi concluded tl During the intermission, a headed bv Louis S. Posner, ing Dr. Sigmund Spaeth, Dr. Gartlan, and Ira A. Hirsch lined plans for the Cosmopol and invited additional memb was announced that Dr. Spa fer a course of six explanatc open to members of the ass conjunction with the six ot presented. Pianist - Compo Steinway Hall Stu<^ MUSICAL AMERICA for October 10, 1934 )NCS Top Usual Fervor at London By Basil Maine ieason Under Sir ood Received with g Enthusiasm — Min- lpervia, Davies and Lre Soloists — Delius, 1 Elgar Represented lical and Popular Oct. 1. — Once more the Promenade Season must Queen's Hall Proms — the 0 inverted commas : it is used here by all — are a tion. The first night of ne of the great events in music-lover's calendar. opening night (Aug. 11) Dre enthusiastic occasion Tiis might have been the the first instead of the n. :orty years old, this insti- ill that time Sir Henry Dnality has been its life, iers of the several depart- orchestra had been given : ovations, Sir Henry was a great climax of cheers, ssed many of these occa- > one so impressed me that message to readers of ierica there and then in posted it during the inter- ; proper expression to my hould have chartered an 1 flown over with the news. Popular Reception ;tor in this country ever popular reception. It was .st unseen audience linked iy countless radio sets (the idcasting Corporation has ars taken over these con- uddenly found a means of le applause, and as if the ed up on the platform were ;ir tribute. No one who is )tful about the future of here should miss that ex- ever a visit to this country ith the second week of le sight of the throng of ;, so dense that promenad- af the question, is an in- It is not the ordinary the normal London concert types and classes and call- resented there, ■ams during the season are anged, even if there is per- er of some of them becom- ped. Some are classical ; pular — but how much more m the concerts of twenty- igo ! Some are one-com- rams — the Wagner, Bee- Bach nights have been long some are devoted to a mis- music. A number of first :s in England are included, Frederick Converse's Cali- Deems Taylor's orchestral cus Day. These are to be later in the season and I iccasion to refer to them in icle. er time of year does a week iking provide such rich op- Dr the ordinary listener in : Each week he is able to years. The Proms, in short, are help- ing thousands of average people to make themselves at home with music. Not for "High-Brows" The Proms are not for high-brows ; least of all the miscellaneous programs. That of Aug. 18 was typical. The most substantial items were Sibelius's Tapi- ola and Max Bruch's G Minor Violin Concerto. The latter was enhanced by Lisa Minghetti's very sensitive playing of the solo part. This young violinist from Vienna adorned the lovable work with beautiful tone and informed it with well-controlled temperament; fur- thermore, she made it clear that, for her, the concerto held not a single meaningless phrase. If there was any meaning at all to be discovered in the Rondo from Rossini's La Cenerentola, certainly it would have been conveyed by Mme. Conchita Supervia's art, but when the aria is given out of its con- text and in a concert hall, the brilliance of the technical achievement must al- ways be of chief interest. Audiences Acclaim Bolero This concert was notable for the ap- pearance of Sir Walford Davies (Elgar's successor as Master of the King's Musick) as the soloist in his amiable Conversations for piano and orchestra, which, as he whisperingly interpreted them, would have been more aptly called Flirtations. For the rest, Harold Williams sang Verdi's Eri Tu with splendid artistry; and for Ravel's Bolero, that profitable invest- ment of a minimum of musical capital, the orchestra and Sir Henry Wood were rewarded with the loudest ap- plause of the evening. Some of the representative music by Elgar and Hoist appears, of course, in these programs, but neither of these composers was given a commemorative concert. Homage to Delius, however, was paid in a program of his works on Aug. 23. For my part, the outstanding experience here was the renewed ac- quaintance with the Concerto for Violin and 'Cello both because of itself and of the intensely beautiful performance of May and Beatrice Hamson as the solo- ists. To these sisters Delius dedicated the work and never have I heard music which so absolutely belongs to its spe- formal plan, th concern for the It is not like ere is, in listening, "no one side or the other." looking on at a battle. Notable Figures at The London Proms: Sir Henry Wood, the Conductor; and (left) Sir Walford Davies, a Soloist Indeed, to use North's words again, this is the music of "cool air and tem- perate summer evenings." But the Idyll (Walt Whitman set for soprano, baritone and orchestra) strikes us with autumn's chill and melancholy. In a sense, this work is an extension of the mood of Sea Drift. The same richness of texture is spread out for our delight, phrases stab with the same poignancy. For all our float- ing in mystical regions we are never without the presage of a dying fall. Over the soul, even in its freest flight, the dark wing of pessimism casts a shadow. Idyll is the essential Delius, and we could not but be grateful to Dora Labbette and Roy Henderson for their complete surrender to the spirit of the work. The same can be said of Clifford Curzon as the soloist in Delius's Piano Concerto (in the revised form) although this represents a composer of smaller stature. Meeting of Three Choirs From Sept. 2 to 7, the 214th Meeting of the»Three Choirs was held at Glou- cester. It can well be imagined how much under the cloud of Elgar's death we were during that week, for these Meetings have for many years been famed for performances of Elgar's works under the composer's direction ; Meeting <>i Thiti Choirs fori 214th Festival at Gloucester, Long Famed for Elgar Per- formances, Under Cloud of Composer's Death — Sumsion Is Chief Conductor — Outstanding Choral Work Done in Wesley and Parry Compositions and Elgar himself loved the occasionj for the opportunities they gave him ol meeting old friends, especially those if the London Symphony Orchestra whichi under the leadership of W. H. Reed has understood his music better tharl any other in England. Yet, as Bernard Shaw remarked itl a speech at a public lunch during thi week, Elgar was not the kind of mal whose memory causes one to pull a lond face. "That's what I call music," thfl composer once said to me, very simplyl after we had listened to one of hil works ; and I think he would have askeJ for no better tribute than the performl ances which were given in the CatheJ dial of The Kingdom, The Dream oj Gerontius and the Second SymphonJ In the oratorios his kinsmen of thi chorus gave of their finest, and in all his friends of the orchestra rose to th| occasion. Tribute, too, was paid to Holst'l memory in a performance of his verj characteristic Te Deum. Among works of composers of smaller folio ings, I found great interest in Dr. C Rootham's setting of Milton's Ode o: the morning of Christ's Nativity (tw soloists, chorus, semi-chorus of boy1 and orchestra. Beautiful words hav here evoked music of elegance and in spiration. (Readers of Musica America will doubtless have read tha Dr. Rootham's Septet was recentl given at the Gittsfield Festival.) For Choral singing pure and simphU the outstanding performances of thi! Gloucester Festival were of Samuel Wesley's motet, In exitu Israel an] Parry's Blest Pair of Sirens. Herbetn Sumsion was the very able conductoi ( in-chief. Wald Completes New Opera in Paris Paris, Oct. 1. — Max Wald, America composer, resident in this city, ha] completed a three-act opera in the fori of a lyrical comedy, Mirandolina, base on Goldoni's La Locandiera. Th libretto, in English, is by the compose- NEW MUSIC SCHOOL DALCROZE INSTITUTE AMONG THE FACULTY ROGER SESSIONS: All Branches of Composition. PAUL BOEPPLE: Improvisation, Dalcroze Teachers' Training. LYDIA HOFFMANN (formerly Stern Conservatory, Berlin): Advanced Instruction in Piano. NICOLAI BEREZOWSKY (Violinist and Composer): Advanced Instruc- tion in Violin. ADA MACLEISH (Soprano): Advanced Voice Instruction. 74-U AM NEEDS MOST! A laugh in every epitaph! The screen's newest novelty — making new friends wherever shown ! LIFE'S LAST LAUGHS The surprise short of the year! Panicked them at Radio City Music Hall when first shown there and a sure-fire hit on any program. Interestingly presented." FILM DAILY Produced by C. S. Clancy creen Snapshots catch the spirit of the town. If you can't afford a ticket to America's last carnival/ they supply a de- ightful substitute. Better than a trip to movieland, they take you to almost everything you'd care to see in the land you've ead so much about . . . Splendidly photographed, these shots are breezy, intimate. The most honest and certainly the most entertaining guide to be found . . . deserves a welcome to the cream of the short subject crop." A riotous blend of color, music, comedy and novel effects! COLOR RHAPSODIES 1. HOLIDAY LAND. Will add a delightful dash of spice to the well-balanced program. 2. THE SHOEMAKER AND THE ELVES. Another tune- ful, colorful and delightful novelty with an appeal for young and old. Produced by Charles Mintz COLOR RHAPSODY TAKE ATRIP TO TOYLANO WKEP.E * BRILLIANT COLO!*, BLEEDS A'!T« SPARKLING MU5iC AND LAUOHTfft. A COLUMBIA PICTUR MAPSHOTS • LAUGHING WITH MEDBURY T U MOTION PICTURE DAILY i 8 Civic Groups Deny M. P. Council Aid (Continued from page 1) Houston, head of the council's "bureau of public enlightenment," according to the current issue of Motion Picture Herald. The council's executive head is Rev. William H. Short. Invitations to the gathering were sent out over the name of Mrs. Grace Coolidge and the ses- sion was held in the American Mu- seum of Natural History. The publicity release issued follow- ing the meeting read : "A statement of national policies in motion pictures agreed upon by representatives of 35 national organizations was made pub- lic yesterday (Oct. 3) by the Motion Picture Research Council of 366 Mad- ison Ave., New York, simultaneously with the mailing of them to the presi- dents of the associated organizations." The release also quoted Dr. Ben D. Wood of Columbia, who presided, as saying the 35 organizations in all probability would adopt the council's "new" program. Against Block Booking The council's "new" program in- cludes a demand for Federal legisla- tion to stop block and blind booking and appointment of a Federal admin- istrator to supervise production. All of the 22 organizations reached denied they had been committed to the council's program. Most of them were emphatic in saying they disap- proved the publicity release. One called it "dangerous" to participate in a conference with the council, and several questioned the propriety of the statement. Only three expressed a sympathetic interest in the council's work. They were: Dr. Samuel McC. Cavert, general secretary of the Fed- eral Council of Churches of Christ in America; J. W. Crabtree, secretary, National Education Ass'n, and Mrs. B. F. Langworthy, president, National Congress of Parents and Teachers. Objectors Are Listed Those who objected to the statement were: Morse A. Cartwright, director, American Ass'n for Adult Education ; F. Trubee Davison, president, Amer- ican Museum of Natural History; Bernard S. Deutsch, president, Ameri- can Jewish Congress ; Rowland Shel- don, executive secretary, Big Brother and Sister Federation, Inc.; Joseph H. McCoy, general secretary, Big Brother Movement; Ethel Morrey, executive director, The Big Sisters (Protestant) ; James E. West, chief scout, Boy Scouts of America; Anna Rice general secretary, National Board of the Y. W. C. A.; Mrs. Phillip A. Brennan, president, Inter- national Federation of Catholic Alum- nae ; George J. Zebrung, director, Na- tional Council, Y. M. C. A.; Mrs. Mary G. Schonberg, executive secre- tary," National Council of Jewish Women; Lena Madesin Phillips, president. National Council of Wom- en; Emily R. Kneubuhl, executive secretary, National Federation of Business & Professional Women's Clubs ; Mrs. DeF. Van Slyeck, execu- tive director, Junior Leagues of America ; Charles L. Chute, executive director, National Probation Ass'n; Mrs. Grace Morrison Poole, presi- dent, General Federation of Women's Clubs; Weld Arnold, executive direc- tor, Institute of Geographical Explor- ation, Harvard University ; Dr. Louise C. Ball, president, International Den- tal Health Foundation for Children; Lee F. Hammer, director, Russell Sage Foundation; Miss Orie Latham Hatcher, president, Southern Wom- an's Educational Alliance. The organizations not reached for comment were: American Ass'n of University Women, American Legion, B'nai Brith, Catholic Boys Brigade of the U. S.; Catholic Daughters of .America, Child Welfare League of America, Federal M. P. Council, Girl Scouts, International Ass'n of Lions Clubs, Maryland Civic League for Motion Pictures, Massachusetts Civic League, National Council of Teachers of English, National Women's Trade Union League of America, Women's League of the United Synagogues. Dr. Short has sent a letter of ex- planation to the organizations repre- sented at the conference in which he says he "hopes they have not been annoyed" by the news stories. A paragraph of his letter reads : "The news story sent out by our com- mittee on information quoted Dr. Wood as saying that 'this action was not binding on the organizations rep- resented at the conference.' To our regret, the story as rewritten by sev- eral papers omitted this vital state- ment." The opening paragraph of the M. P. Council statement as sent to news- papers, the Herald points out, read : "A statement of national policies in motion pictures agreed upon by the representatives of 35 national organ- izations." Woman Speaker Demands National Film Boycott Boston, Oct. 17. — A national boy- cott of pictures by women's organiza- tions to secure cleaner films, strict government control of the industry and socialization of all children's rec- reation was advocated at a conference held here by the National Congress of Parent-Teacher Ass'ns, the Twen- tieth Century Club and the Massachu- setts Civic League. Mrs. Robbins Gilman of Minneap- olis was the chief advocate of the boycott. During the addresses there was a sharp exchange of ideas between Mrs. Gilman and Dr. Helen D. McGilli- cuddy, chairman of the Catholic Order of Foresters for Massachusetts. Dr. McGillicuddy expressed the belief that the film industry is not wholly to blame because it is merely trying to provide the kind of entertainment which people demand and which box- office figures show as profitable. Mrs. Gilman, at some length, tried to refute the assertion. Adolph P. J. Bendslev, an exhibitor from Wellesley, Mass., gave the cli- max to the meeting when he as- serted that the claim that block book- ing had been eliminated "is a lot of applesauce." He said : "I made a special trip to the office of Will Hays in New York to try to get a selective contract with a certain producer giving me the right to pick the pictures I wanted to show in my theatre. All I got was a lot of apple- sauce and a runaround. "I still have to accept block booking and pay for a lot of pictures I decline to show in my theatre." Mrs. Gilman charged Hays with bad faith, declaring that he had prom- ised, last summer, to clean up the in- dustry but had failed to do so. Other speakers included Mrs. Fred- erick P. Bagley, Mrs. Martha S. Mason and Mrs. John W. Myers. At the conclusion of the session the delegates agreed to present the salient facts of the meeting to their respective organizations for action. Atlantic City, Oct. 17. — The church is not asking for censorship by forces outside the industry, said the Rev. Frank H. Huffman, chairman of the committee on Christian education of the New Jersey Presbyterian Synod, at the 112th annual meeting of the synod here yesterday. "What we demand," he said, "is that the producers do their own cen- soring and live up to their production and advertising codes," adding that "we are not the enemies but the friends of good pictures." Savannah, Oct. 17. — Some action toward joining the clean film drive is expected at the annual convention of the United Lutheran Church in Amer- ica opening here tomorrow. The com- mittee of morals and social welfare included this in its list of subjects scheduled for discussion. Open Louisville House Louisville, Oct. 17. — Royal E. Christiansen, new operator of The National, will have a formal opening Saturday. There will be a three-unit show composed of a first run picture, vaudeville, and a stage presentation with orchestration. Will J. Harris, who for 11 years directed and produced extravaganzas for B. & K. in Chicago, has been en- gaged as producer. Hit Paper's Film Shots St. Louis, Oct. 17.— The M. P. T. O. of St. Louis, Eastern Missouri and Southern Illinois, meeting at the Fox projection room here, voiced a protest against the "Hollywood Un- varnished" series running in the St. Louis Globe-Democrat, which will be asked to discontinue carrying the pic- tures. The objection is that the scenes are hurting theatre patronage. Ritchey Imports Film Norton V. Ritchey. director of Ritchey International Corp., foreign distributors for Monogram, has closed a deal for American distribution of a French picture. It is "The Battle," made by Leon Garganoff of Lionafilm, Paris. Ritchey is handling the picture personally in New York and is closing state rights deals elsewhere. Thursday, October 18, I9:< BIP-Gaumont Deal Dead, Says Myers (Continued from page 1) the financial figure behind the discus sions, when interviewed here yester day. "It's foolish to deny that the sub ject was discussed," Myers said. "Al the men involved know each othe very well and it may have been m more than a topic of conversation among them, but as for a deal — if on was ever begun, it's finished now." Questioned about his own part ii the discussions, Myers replied tha he was "greatly interested in pictures and particularly the two big Britisl companies" and refused to amplify thi statement. Myers described his visit here as "purely a holiday." He arrived on th( Aquitania, accompanying his friend C. B. Cochran, London producer, as- sociated with Harold B. Franklin anc Arch Selwyn He will return to Lon- don on the same ship, sailing Friday night. First Visit in 22 Years He was proud of having established a new ship's record coming over by winning the daily mileage pool six consecutive times. "Cochran's girls," he said, "helped relieve me of my win- nings." This is Myers' first visit to New York in 22 years. He was im- pressed by changes in the city, he said, but mostly by the service he obtained at a well known men's tailor shop where he was measured for a suit yes- terday which will be delivered today "as good as I might have obtained anywhere in London." London, Oct. 17. — Speculating on the consequences of any merger be- tween Gaumont British and B.I. P.. The Cinematograph Times, organ of the Cinematograph Exhibitors' Ass'n, foresees the formation of additional large circuits. Declares that publica- tion editorially : "For the independents it is sug- gested that any closer unification of the exhibition groups would result in even greater difficulties in securing product in many areas. If, however, independents were further exploited as the result of closer unity amongst renters, we imagine that quick moves would take place either for disposal to the big group — if they wanted more cinemas — or for the creation of one or two more large circuits." Lesser, Cline Back Soon Hollywood, Oct. 17. — According to a cable received at Principal's Holly- wood office, Sol Lesser and Director Eddie Cline will leave Europe aboard the Rex Oct. 31. In the meantime, production on "The Cowboy Million- aire," which is being filmed in London, will be completed. Radio Plans 6 Musicals Radio will make six musicals this season as part of the 50 features an- nounced. The first, already completed, is "The Gay Divorcee." Others slated are : "Ho for Shanghai," "Adios Ar- gentina," "Roberta," "Radio City Revels" and another untitled one with Fred Astaire and Ginger Rogers. Marcus Here Next Week Lee Marcus, short subject produc- tion head for Radio, is expected in New York next week for conferences with home office executives. Product Contracts Await Kent Return (Continued from paac 1) held up until S. R. Kent arrives Mon- day from a vacation in the south. A difference of opinion has arisen between RKO and Skouras on the up- town theatre situation and attempts by heads of the two circuits to iron out the points in question have been left to Kent to decide. It is understood Skouras will not give up Fox product in the uptown situation until RKO agrees to pool the 81st St. with the Skouras River- side on a day-and-date booking ar- rangement. As far as all other inter- ests are concerned, the deal is set. Wide Range Hits 1,000 Western Electric Wide Range in- stallations have passed the 1,000 mark, reports C. W. Bunn, general sales manager of Erpi, with the equipping of the Atlas, Seattle. ACTUAL SCENES OF THE ASSASSINATION OF KING ALEXANDER SPECIAL PRE-RELEASE ISSUE— NO. 294 UNIVEDCAL 10 MOTION PICTURE DAILY Thursday, October 18, 193 Looks Like Cantor's Best Hollywood, Oct. 17. — "Kid Millions," Eddie Cantor's latest, pre- viewed here in 93 minutes, or seven less than the "sneak" preview of the picture in San Diego on Sept. 25, now looks like sure-fire box-office. Cantor's annual laughfest, augmented by an ice cream sequence in Technicolor especially appealing to youngsters and oldsters with imagination, is further amplified by alluring Goldwyn girls, robust laughter grooved into the story with song and dance spe- cialties and production lavishness beautifully photographed. "Kid Millions" looks like Cantor's most enjoyable film, blending whimsical humor with belly laughs plus a wholesome quality that makes it refreshingly entertaining. Box-office, it looks sure-fire. Grievance Board to Pick Films Awarded Instead of letting Campi decide on selection of product Aaron Shuster- man is to get from Walter Reade as a result of a decision reached on Tues- day, the New York grievance board will hold a meeting tomorrow morn- ing and allocate the product itself. Shusterman operates the Strand, Red Bank, N. J., against Reade's Carlton, same city, and the Roky, Perth Amboy, against Reade's Strand, Majestic and Crescent, same city. The board found Reade guilty of overbuying in both cities. It is un- derstood Reade will appeal. George F. Thompson, impartial man, will play an important part in the allocation of pictures. Shuster- man agreed at the hearing he would pay the same terms as Reade is if he gets pictures. Allied Heads Talk Law Moves on Code Proposed legislative action in con- nection with the code and other mat- ters pertaining to independent exhibi- tors were discussed yesterday by Allied leaders at the organization's headquar- ters at the Lincoln. Sidney Samuelson, president ; Abram F. Myers, Walter B. Littlefield, Col. Harry A. Cole, Jack- Lilly and H. M. Richey attended. Aaron Saperstein was not present. Cole and Lilly return to Greenville, Texas, today after another Allied ses- sion. Richey will attend the Detroit clearance and zoning hearing at Campi and Littlefield and Myers will return to Albany and Washington, respec- tively. Albany Boards Drop Trio of Complaints Albany, Oct. 17. — Two clearance complaints have been dismissed by the clearance and zoning board. One was by A. Stone, operator of the Eagle, Albany, against the Colonial, operated by the Berinstein Realty Co., and Warners' Albany; the other was the Eagle against the Royal. The latter complaint was dis- missed without prejudice. The grievance board has dismissed an overbuying complaint brought by the Griswold, operated by Troy Thea- tres Co., Inc., against Warners' Lin- coln, Troy, on the ground that the complaint was premature for the 1934- 35 product. New Haven Schedule Forwarded to Campi New Haven, Oct. 17.— The local clearance and zoning board has com- pleted a revised schedule for this ter- ritory and submitted it to Campi for approval. Several weeks ago a contingent of exhibitors and branch managers at- tended a hearing in New York on the schedule, following which recommen- dations were made by Code Author- ity. It is expected that the new plan will meet with approval of Campi at its next session, Oct. 25, after which it will be put into effect. Call Cincy Meeting To Discuss Zoning Cincinnati, Oct. 17. — The clear- ance schedules for the Cincinnati, Columbus and Dayton territories hav- ing been returned by Campi for re- drafting, an exhibitors' meeting has been called for next week by the local clearance and zoning board, to dis- cuss a re-draft. Coast Bank Nights Are Ordered Ended Los Angeles, Oct. 17. — The griev- ance board has ordered three theatres to stop operating bank nights. The cases are : Hemet Theatre, Hemet, against Swoboda Theatre, San Jacin- to; Arcadia, Arcadia, against Lyric, Monrovia ; El Morro against Cairo, both at Gallup, N. M. The last named case was complicated because the plaintiff buys film from Los Angeles, while the respondent buys from Denver. Detroiters Gather For Zoning Hearing Considerable interest is centered around the Detroit clearance and zon- ing plan which will be heard today by a Campi committee. A number of Detroit exhibitors are in town for the hearing. Gradwell Sears, Leslie E. Thomp- son and Harry Hecht yesterday heard the clearance schedule discussions for San Francisco. Signed for "Scandals" Hollywood, Oct. 17. — Lyda Ro- berti, who was recently starred in the stage play "Roberta" in New York, has been signed by Fox for a featured role in "George White's Scandals." Gordon Off to Texas Following an appeal hearing be- fore Campi during which he repre- sented Jefferson Amusement Co., of Beaumont, Texas, J. M. Gordon, at- torney for the circuit, left yesterday for home. ITOA Discusses Buying Members of the I. T. O. A. yester- day held a general discussion on the local film buying situation. No action was taken, the session being informal. Columbia Signs Marsh Hollywood, Oct. 17. — Marian Marsh has been put under long term contract by Columbia. Wheeler Going Abroad Bert Wheeler plans to take a trip to Europe before going to Hollywood on his next Radio picture assignment. Raftery Back Monday Ed Raftery of O'Brien, Driscoll & Raftery returns Monday from Detroit. Sandrich Is Looking For Talent, Stories Mark Sandrich, who recently com- pleted "The Gay Divorcee," is look- ing over the Broadway talent and play mart in a search for new material. He sails for California on the Santa Elena on Oct. 27. Sandrich believes in taking a brief vacation after making a picture and is here for that purpose. He says that when he gets away from the produc- tion center the new atmosphere gives him new ideas for his next picture. When he returns to the coast he will make another musical with Fred Astaire and Ginger Rogers. Miss Rogers arrived from the west yester- day for a short rest and Astaire is expected shortly. "Musicals have definitely established themselves as entertainment," he says, "and they will always have a definite place in the scheme of production." With two more years to go at RKO. Sandrich asserts he will make from three to four a year. Roxy Fall Kills Aerialist Arline Phillips, feminine half of the "Two Phillips" aerial act, died last night at Polyclinic Hospital of injuries suffered in a fall to the stage during an afternoon performance at the Roxy, where the act has been playing the past two weeks. Her husband, Charles, the other member of the act, was on the stage with her when she fell. Mrs. Phillips was riding a bicycle on a wire estimated as being 60 feet above the stage, when she lost her balance and fell head first to the steps leading from the stage to the orchestra. Schwarzmeier Is Killed Buffalo, Oct. 17— Christian W. Schwarzmeier, 34, projectionist at the Lafayette, was fatally injured when his automobile crashed against the steel abutment of a railroad viaduct. Schwarzmeier, police reported, swerved to the left to pass another car as he approached the viaduct. An operation failed to save his life. Medical Examiner Rocco N. DeDom- inicis issued a certificate of accidental death. Clifton Brennan Dead Louisville, Oct. 17. — Clifton Bren- nan, 49 years old, former president of the M. P. Operators' Local No. 163, died here, following a heart attack. He was president of the union for 25 years, retiring five years ago. Bren- nan is survived by his wife, a son, a brother, and five sisters. Burial was in St. Louis. Movietone Plane in i Crash; One Drowned' (Continued from page 1) while attempting to take Fox Movie- tone News film from the liner George Washington. The accident took plac<: 600 miles at sea. Fox Movietone was trying to score a beat on pictures of the assassination of King Alexander of Jugoslavia and Foreign Minister Barthou of France The man lost was Harry W. John- son, radio operator. Those saved i were : Marion Grevenberg, the pilot : , Edward Reek, news editor of Fox Movietone ; Jack Kuhne, aviation edi- tor, and George Smith, who is con- nected with the Sikorsky company at. Bridgeport. Arrangements had been made to throw the film overboard with a buoy and line attached, but the sea was ex- tremely rough. When the plane at- tempted to land in the lee of the ship | a pontoon was knocked off and one of the wings hit a wave and crumpled. Johnson was thrown into the water, while the others clambered up onto the tail and wing of the sinking plane. Capt. George Fried sent a lifeboat to the rescue immediately. The George-^ Washington is due in New York to-5 day. An earlier statement made by a. Pathe News man on the desk that his. reel had arrived aboard the Bremen Monday was attacked by other news- reel editors yesterday and subsequently • denied by Jack Connolly of Pathe. E. B. Hatrick, general manager of Hearst Metrotone, also stated no effort had been made to create the impres- sion in newspaper stories last week i that his reel had included actual scenes of the assassination as commented upon yesterday in The Insiders' Out- look column in Motion Picture Daily. "All that we did was to pre- pare a symposium as did the other reels," he stated. Expect Bond Group To Revamp Fox Met (Continued from page 1) place of the existing long term con- tracts, it is said. A sale of the circuit I could be negotiated by the committee : on the expiration of the contracts, it is said. The committee's rejection of the Hayden, Stone bid early this week continued yesterday to mystify many ' who are close to Fox Met develop- i ments. Under the Hayden, Stone ; offer, the bondholders' committee was to have proceeded with its reorgani- i zstion of Fox Met, issuing stock in the reorganized company to bondholders in exchange for their bonds. Hayden, Stone agreed to purchase for cash all of the new stock, up to a valuation of ' $4,500,000 for the entire issue, from whatever holders desired to sell. It is 1 understood that Hayden, Stone, in - connection with the offer, also asked a broker's commission for its part in the transaction. Whether or not the - premium involved in this latter de- mand led to rejection of the offer could not be learned. Observers, how- 1 ever, regarded the bid as a favorable one and were at a loss to explain its rejection. Para. Golfers in Action Several hundred members of Para- mount's home office personnel partici- pated yesterday in a company golf tournament at Winged Foot Countrv Club. Widiy, October 18, 1934 MOTION NCTVIB DAILY \RA Approves New Code Cost Plan Details (Continued from page 1) >ated any material objections will be aised. The producer-distributor assess- ments are based in large part upon -ecommendations of the Division of Research and Planning, made after he last proposal of Campi had been ■ejected. For purposes of simplifica- ion, however, the percentage of com- jutation was dropped in favor of a lat figure for each of the 14 classes. A'hile this figure may be above or jelow the amount which a company .vould pay on a percentage basis, it Aas said, the representatives of all groups felt that it would be easier or both the companies and Campi to landle. Exhibitor assessments give the very ;mallest houses a little advantage over -he charge for the first half year, and mpose upon the de luxe and premier nouses in larger cities a slightly heav- er tax. While the assessments for :he three groups in the cities between 25,000 and 500,000 remain unchanged, ;hose in other groups have been amended by the insertion of additional -•lassifications. Producer-Distributor Levies The producer-distributor schedule .vas made public by Farnsworth after i conference with Harold S. Bareford, i member of the code finance com- mittee, and runs as follows, covering he full calendar year: gross domes- ic revenue over $20,000,000, $23,000; \ 15.000,000 to $20,000,000, $20,000; f 10,000,000 to $15,000,000, $17,500; £ 5,000,000 to $10,000,000, $12,000; $2,- 500,000 to $5,000,000, $6,250 (this :lass originally was to be charged |500 but it was found that such a fig- jre would be out of line) ; $1,000,000 :o $2,500,000, $3,250; $750,000 to $1,- 300,000, $2,000; $500,000 to $750,000, ^1,575; $250,000 to $500,000, $1,000; $100,000 to $250,000, $700; $50,000 to ?100,000, $350; $25,000 to $50,000, $215; $12,000 to $25,000, $142.50; all Dthers $120. The exhibitor schedule covers the last half of 1934. Groups within each population classification are charged Dn a basis of run and capacity. The schedule approved today is as fol- lows : Under 10,000 population, capacity under 500, $5, over 500, $8 (formerly $6) ; 10,000 to 25,000, under 500, $6, over 500, $9 (formerly $9) ; 25,000 to 100,000, $9 and $12; 100,000 to 300,- 000, $12 and $18; 300,000 to 500,000, $15 and $21 ; 500,000 to 700,000, $16, $18 and $24 (formerly $18 and $24) ; 700,000 to 1,000,000, $20, $21, $36 and $42 (formerly $21 and $36) ; over 1,- 000.000, $16, $18. $24, $48 and $60 (formerly $18, $24 and $48). A total of 8,349 exhibitors are cov- ered by the schedule, which is figured to bring a revenue of $88,004, of which $11,730 will come from 2,350 theatre owners operating houses of less than 500 seats in communities of less than 10,000 population. Harold Bareford is expected from Washington today following confer- ences yesterday with NRA officials concerning the assessment plans. Insiders' Outlook {Continued Ergon patent. Heard around, like other reports, is one which holds this method is several steps up on results obtainable from di- rect sound-on-film recording. . . . ▼ Whatever the substitute may be, however, is held to be of less consequence to some industry figures than is their belief that, other reasonable avenues failing, a substitute there can and will be. All of this, on the other hand, is to be demonstrated. Proceeding on the assumption that the value of the Tri-Ergon patents would find itself limited to whatever Fox's attorneys can prove after litigation, the rest of this specu- lative strain confines itself to lawsuits limited to performance in the past, but not in the future. Interesting as another angle is what Fox might do with his pat- ents in days to come. Tied in with the Erpi sound system is approximately 2,500 patents. Fox, if he does, controls two and that gives him exactly a brace of pieces in a jig-saw puzzle. . . . ▼ Much competent technical opinion, moreover, maintains that the flywheel is not an essential cog in the standard form of re- producers installed and operating in the country's theatres. It is described as a device inducing inertia, deliberately made a part of the sound system while other moving parts have both mass and substance. Disputable as this technical description may or may not prove to be, there is no spec- ulation over the belief prevalent in sources close to Erpi that the flywheel grafted to the approxi- mate 6,000 Western Electric re- producers in daily use can be eliminated for a substitute at a cost of only about $500,000. . . . ▼ Looming as an increasingly vital question is one that has to do with the ownership of the pat- ents which Fox, the man, claims to own. That claim covers 90 per cent of American Tri-Ergon. Ten per cent is held by Tri-Ergon, Ltd. of St. Gall, Switzerland, which is the daddy corporation for the German in- ventors from whom Fox, the man, says he bought his two pat- ents for $45,000. In Mineola, Nassau County, some time ago was filed a suit by Fox, the cor- poration, which Fox, the man, founded. It contests the owner- ship of the much discussed pat- ents. It contends the $45,000 purchase price came from cor- porate funds and the purchase made on behalf of the company itself. . . . T The stand assumed by Fox, from page 1) the man, is that the patents are properly his, on the other hand; that the sale to him was subse- quently executed. He also main- tains that his agreement to license Fox, the corporation, under the purchased devices kicked itself out when the former company neglected or refused to pay him $500,000 a year for five years under the transaction which gave control of the Fox companies to Harley L. Clarke of Chicago. Another angle which makes the outcome more complicated is the understood attitude of Swiss Tri- Ergon which claims Fox's 90 per cent interest has petered out through the failure of Fox, the man, to push the sale of licenses in the United States. . . . T Then what? If Fox, the cor- poration, now proceeds on its long dormant lawsuit — no longer a remote possibility now — and wins, the other Erpi licensees will breathe considerably easier, for under the cross-licensing agreement binding them all to- gether, the Tri-Ergon patents will become at once available to the others. Radio Pictures and RKO theatres, as the principal Photophone users, however, may run into difficulties on this score since there are several involved conditions, arising out of sound in the home, which may prevent the extension of the interchange- able pact to Photophone. . . . T If the Swiss company proceeds on its indicated course and if it emerges as victor and owner of the 90 per cent interest in Amer- ican Tri-Ergon now held by Fox, the man, litigation in wholesale may easily be the immediate prospect. Just as immediate, as a counter factor, is some sort of a settlement with Erpi in what would be a move to eliminate the issue and restore much more calm than now prevails in the upper councils of the industry. Bruited about is the report, which, in fact, is more than mere report, that Fox, the corpora- tion, has been talking to the Swiss organization on what looks suspiciously like a deal, if — ▼ Possibilities along other lines include a widespread use of the newsreel type of camera which shoots sound and pictures on the one film and so worries not at all about double printing. This latter patent, it is understood, does not apply to either news- reel recording or reproducing. "Dubbing" and scoring, widely applied in production for both domestic and foreign consump- tion, is viewed as being entirely Fox Patents Suits Filed Against Five (Continued from page 1) Neal, who represent Fox in the in- junction suits. Former Judge Thomas D. Thacher, also of Fox counsel in the injunction actions, likewise re- fused comment on this circumstance. It is recalled, however, that War- ners and United Artists are Delaware corporations and probably would have to be served in that state. Tri-Ergon has an action pending against RKO in Delaware and has already won its action against Paramount. Why Fox Film was not named remains a matter for speculation. Some legal minds hold that an injunction against Fox might have to be deferred until that com- pany's New York state court suit against William Fox, alleging that ownership of the Tri-Ergon patents belongs to the company rather than to Fox himself, has been settled. Defendants in the Tri-Ergon action have 20 days in which to file their replies with the court. Setter, Meyers Here William Seiter, director, and Zion Meyers, assistant to Pandro Berman, associate producer at RKO, are in New York for conferences with Jerome Kern on "Roberta." Marion Nixon is accompanying her husband, Seiter. Delay "Crocus" Opening Opening of "Autumn Crocus" at the Little Carnegie has been post- poned until next Wednesday. in the clear because they are not conducted "simultaneously" with the operation of the camera it- self. In the meantime, Fox, the man, is reported to have ex- pressed his willingness to reach an accord on the issue, regard- less of what exactly the issue may be. Somewhere between $8,000,000 and $10,000,000 a year will prove satisfactory to him, provided it is guaranteed. He is not averse, so the story goes, to conversations which would franchise him exclusively in the newsreel field. And that sounds as if Fox, the man, were turn- ing politically minded. . . . T Rising out of this fog of spec- ulation and conjecture is one point, crystal-like in its clarity by comparison with all others. This is it: Exhibitors may safely lay aside any worry about sound operation with discs. No matter how producers work it out, at- tractions will continue to be de- livered in the can with sound and images on the one film. How the sound gets on the edge of the celluloid is something not yet established, but there it will be. Besides, this is the producer's job. Also his worry. . . . K A N N "EG. u.s.pat. off. Du Pont Film Manufacturing Corporation 35 WEST 45™ STREET NEW YORK CITY PLANT PARLIN N.J. SMITH & ALLER LTD. 6656 --SANTA MONICA BLVD HOLLYWOOD, CAL. THE TRADE MARK HAS NEVER BEEN PLACED ON AN INFERIOR PRODUCT The Leading Daih Motion I Picture Industry MOTION PICTURE DAILY Alert, Intelligent and Faithful \ Service to"' the Iniistry in All Branches VOL. 36. NO. 93 NEW YORK, FRIDAY, OCTOBER 19, 1934 TEN CENTS U" Scores News Scoop On Broadway Assassination Films at Trans-Lux by 11:35 Universal News yesterday scored a Broadway beat on competitive reels by planting its shots of the assassina- tion of King Alexander of Yugo- slavia and Foreign Minister Barthou of France on the screen of the Trans- Lux at 11:35 A. M. The clips ran 250 feet, were silent shots, but car- ried commentary in sound by Graham McNamee. Newsreel editors fussed and fumed to beat their opposition to the gun. The Embassy, with one eye on its competitor, the Trans-Lux, insisted the Paramount News clips, 350 ft. in toto, were first shown at 11 :30. When a spokesman made that statement, how- ever, he did not know that an earlier check at Paramount demonstrated that its print had been screened at 12:10. Pathe News made the Embassy at 1 :30. The theatre disagreed with Paramount on the time of receipt, but it matched with Pathe on the time of its print delivery. Hearst Metrotone gave the event 350 feet with dialogue by Edwin C. Hill. It hit the deck at the Capitol at 6:37 o'clock last night. According (Conintied on page 10) Sales Pact Analysis Comes Up Oct. 24 Campi's legal committee, consisting of Austin Keough, chairman ; Nathan Yamins, J. Robert Rubin and Will- ard McKay, will meet next Wednes- day to reconsider an analysis of cur- rent contracts of major distributors. A number of complaints have been filed with Code Authority by exhibi- tors all over the country charging that some of the contracts are in vio- lation to the code. Yamins originally made a survey of the contracts and after he submitted his report, the legal committee dis- agreed on some of the facts. Results of the meeting next week will be put before Campi for action on Oct. 25. Mr. Lubitsch Complains =By Martin Quigley — - MR. ERNST LUBITSCH'S numerous complaints to the daily press about "the censorship regime" have become exceedingly tiresome during the past few days. Since his arrival from Hollywood last week it has be- come virtually impossible to scan the amusement pages of the news- papers without encountering the unpleasant spectacle of one of the screen's leading directors offering an amazing exhibition of igno- rance concerning matters about which he should be well informed. It may be explained to Mr. Lu- bitsch that what he refers to as "the censorship regime" is not censorship at all. It is, instead, a system voluntarily set up by the industry, which pays Mr. Lu- bitsch rather handsomely, for the purpose of controlling the activi- ties of various persons, including Mr. Lubitsch, who if left to their own inclinations and dependent only upon their extremely limited knowledge of the tastes, thoughts and habits of the American people might quite conceivably reduce the motion picture business to a state under which Mr. Lubitsch's present royal per-picture stipend would represent a good week's gross business for one of the major companies. ▲ Mr. Lubitsch and some of the other arty fellows of production, in their conversations and state- ments to the press, would have the world believe they are zeal- ous, self-sacrificing disciples of Art; that the starving painter in the Parisian garret is no more unselfishly devoted to the ideal of Art than they are. But we have noticed that when the matter of a contract for services is under (Continued on page 5) Five New Fox Patent Suits Make Total 10 BlumenthaFs Part in Fox Met Detailed "Aran" Draws Crowd At Criterion Debut Gaumont British last night launched its first two-a-day picture at advanced prices when "The Man of Aran" opened at the Criterion and attracted a typical first night audience. This is the picture produced by Robert J. (Continued on page 6) Evidence of a damaging nature to the petition for reorganization of Fox Theatres Corp. was brought out yesterday by Archibald Palmer, coun- sel for Fox Metropolitan bondhold- ers, during an examination of A. C. Blumenthal, who admitted that he had discussed the making of a bid for Fox Theatres assets if the peti- tion for reorganization of the company were successful. The principal assets of Fox The- atres are its ownership of all of the common stock of Fox Met and a claim (.Continued on page 5) Screen Must Look To Youth — Warner Much of the industry's future de- pends on young blood, said Harry M. Warner in an address last night at the New York Universitv School of Education. The Warner president told his hearers that he was working on a plan to extend opportunities in various departments of his company (Continued on Page 10) Allied Heads Lay Congress Campaign Plan Plans for taking its three-point pro- gram directly to Congress were com- pleted yesterday by five regional vice- presidents of Allied after a two-day session at the Lincoln. "Allied is definitely set on its plans to go to Congress with its fight against A.S.C.A.P. on increased music taxes," Sidney Samuelson, president, stated. "We are not satisfied with the agreement reached between the ex- hibitor emergency committee and A.S.C.A.P. "We are also going ahead with our (Continued on page 5) Cover Double Printing; Flywheel to Come Episcopalians Ask Federal Film Rule Atlantic City, Oct. 18. — Federal regulation of the industry was de- manded in a resolution passed by the House of Bishops of the Protestant Episcopal Church here today at the general convention of the church. The resolution was in the form of a peti- tion to the President asking him to (Continued on page 5) William Fox widened the front of his attack on the industry at large to stop use of his American Tri-Ergon double printing patent by filing five more suits in Federal court for an in- junction and an accounting yesterday. The new defendants are Monogram Pictures, Reliance Pictures, Talking Picture Epics, 20th Century Pictures and AmerAnglo Corp. This brings the total to 10 at pres- ent, as suits were filed in the same court on Wednesday against M-G-M, Universal, . Columbia, First Division and Consolidated Film Industries. The additional actions, filed by Ward, Crosby and Neal, patent attor- neys, are similar to those filed Wed- nesday— pleas for injunctions and accountings — but they apply only to the double printing patent. No ac- tions have been filed as yet covering the flywheel patent, which also is con- trolled by American Tri-Ergon and Tri-Ergon Holding Aktien-Gesell- schaft, which Fox organized in 1928 to control the inventions of Hans Vogt, Joseph Massolle and Josef En- gel, which they sold to a Swiss Tri- Ergon company. Additional suits are to be filed shortly, it is understood, on both the double printing and flywheel patents. M-G-M, Warner Hit Detroit Clearance M-G-M and Warners yesterday hit the Detroit clearance and zoning schedule at a Campi appeal hearing, attacking many of its clauses as not in line with the principles laid down by Code Authority. References in the plan to predicating clearances on ad- missions were hit by both companies in addition to some of the exhibitors who came from the automobile city to attend the hearing. The general (Continued on pat/e 6) Exchange Men Form Minneapolis Union Minneapolis, Oct. 18. — Exchange workers have organized what is be- lieved to be the first union of its kind. They have secured the approval of the American Federation of Labor and have applied to the State Federation of Labor for a charter. MOTION PICTURE DAILY Friday. October 19. I93< MOTION PICTURE DAILY (Registered U. S. Patent Office) Vol. 36 October 19, 1934 No. 93 m Martin Quigley Editor-in-Chief and Publisher MAURICE KANN Editor JAMES A. CRON Advertising Manager Published daily except Sunday and holi- days by Motion Picture Daily, Inc., sub- sidiary of Quigley Publications, Inc., Martin Quigley, President; Colvin Brown, Vice-President and Treasurer. Publication Office: 1790 Broadway, New York. Telephone Circle 7-3100. Cable ad- dress "Quigpubco, New York." All con- tents copyrighted 1934 by Motion Picture Daily, Inc. Address all correspondence to the New York Office. Other Quigley pub- lications: MOTION PICTURE HERALD, BETTER THEATRES. THE MOTION PICTURE ALMANAC and THE CHI- CAGOAN. Hollywood Bureau: Postal Union Life Building, Vine and Yucca Streets, Victor M. Shapiro, Manager; Chicago Bureau: 407 South Dearborn Street, Edwin S. Clif- ford, Manager; London Bureau: Remo House, 310 Regent St., London, W. 1, Bruce Allan, Representative. Cable address: "Quigpubco, London"; Berlin Bureau: Berlin-Tempelhof , Kaiserin-Augustastrasse 28, Joachim K. Rutenberg, Representative; Paris Bureau: 19, Rue de la Cour-des- Noues, Pierre Autre, Representative; Rome Bureau: Viale Gorizia, Vittorio Malpassuti, Representative; Sydney Bureau: 102 Sus- sex Street, Cliff Holt, Representative; Mex- ico City Bureau: Apartado 269, James Lockhart, Representative; Glasgow Bureau: 86 Dundrennan Road, G. Holmes, Repre- sentative; Budapest Bureau: 3, Kaplar-u, Budapest, II, Endre Hevesi, Representa- tive; Moscow Bureau: Civtzev Vrazhek, N 25, Apart. 146, Moscow, U. S. S. R., Bella Kashin, Representative. Cable address: Samrod, Moscow. Entered as second class matter, January 4, 1926, at the Post Office at New York City, N. Y., under Act of March 3, 1879. Subscription rates per year; $6 in the Americas, except Canada $15 and foreign $12. Single copies: 10 cents. Detroit Smoking Ban Is Put Into Effect Detroit, Oct. 18. — The new ban on smoking in all theatres goes into effect at midnight tonight, Gabe S. Gold- water, city fire marshal ruled today. Many applications have been made to the marshal's office asking for spe- cial permits, but all have been turned down. Some managers welcome the ban, others state that it will injure busi- ness, but there will be no exceptions. Pratchett Confers Here Arthur Pratchett, former manager of Paramount's office in Cuba and re- cently appointed head of the company's branch in Mexico, is in New York for home office conferences. He plans to leave for his new headquarters in Mexico City some time next week. Jack Rappaport, formerly working out of the Panama office, has been named Pratchett's successor in Cuba. Robert Burkhardt Father Hollywood, Oct. 18. — Fox public- ity went to Robert Burkhardt yester- day for their cigars when Bob became the father of a five and one-half pound baby girl born to Mrs. Burkhardt at the Good Samaritan Hospital. Weinberg to Open Luxor Jack Weinberg, former local ex- change man, next week opens the Luxor on Bleecker Street. New "Natural Color" Films Being Put Out A new color process known as "Natural Color," utilizing black and white stock and relying for color re- production on three primal color filters in the projector lens, is now being produced by E. S. Brockway Co., Inc. The new process will be used ex- clusively for industrial and commercial sales promotion, and prints are being made on 16 mm. film only, though suc- cessful experiments have been made with 35 mm. The inventor of the new process is Merrill Waide, who, at the time of his invention, was president of Na- tional Color, Inc. John W. Noble is in charge of producing with the new method and E. S. Brockway Co., Inc., now control it. Join in Harris Benefit San Francisco, Oct. 18. — Every branch of the industry has been draft- ed to assist in putting over the testi- monial benefit show to be given at the Fox by the local industry for Sam Harris, once co-owner of the Acker- man-Harris circuit in northern Cali- fornia. The show, which was to have been staged on Oct. 25, was postponed this week to a date still to be an- nounced. A. M. Bowles is general chairman of the affair. The publicity committee includes the following: Walter Barusch, Ar- thur Rosenbaum, Phil Phillips, Sam Holland, Emil Ermann, Bob Doman, Charles Pincus, Mickey McDonald, Don Krull, Ada Hanafin, Claude La Belle, George Warren, Sol Pincus, A. F. Gillaspey, Eddie Fitzgerald, Harold Wilson, Bob Harvey, John Del Valle, Lloyd Thompson, Fred Johnson, Curran Swint and Katherine Hill. Gable Out of Air Story Hollywood, Oct. 18. — M-G-M has taken Clark Gable out of "West Point of the Air," leaving Wallace Beery and Franchot Tone as only members cast to date. Meriden Poli Opened Meriden, Oct. 18— The Fox Poli here opened today with five acts of vaudeville and a double feature on the screen. Admission ranges from 15c to 25c. Dario Faralla Made 1st Div. Treasurer Dario Faralla was named First Di- vision treasurer yesterday and Henry Reiner was appointed short sales man- ager in charge of "Musical Moods" in the metropolitan area and out-of-town circuit houses, with Meyer Gruber and Israel Landau placed in similar posts in the Boston and Louisville exchang- es, respectively. Faralla, who has been on the coast the past year, was formerly executive business manager of the First Na- tional Burbank studios and treasurer of Educational. More recently he has served as financial advisor to Harry H. Thomas, head of First Division. P. K. Thomajan, who has been as- sociated with Paramount and Harold Lloyd, has joined First Division as assistant to Al Friedlander, handling special publicity and advertising on the "Musical Moods" shorts and "Hei Tiki." Traffic Film in Court "Saving Seconds," a commercial film produced by Castle Films for the Aetna Casualty & Surely Co., was shown this week in Traffic Court, Houston and Lafayette Sts., before Magistrate Farrell, First Deputy Police Commissioner Fowler and a number of traffic offenders up for hearings. M-G-M Signs 4 Writers Hollywood, Oct. 18. — M-G-M has signed four writers and exercised op- tions on two actresses. The writers are Jules Furthman, Rachel Crothers, Hugh Seymour Walpole and Ernest Vajda. The actresses optioned are Louise Fazenda and Betty Buck. Michigan Date Is Set Detroit, Oct. 18. — The definite date of the Michigan Allied Theatres con- vention was set today by H. M. Richey, general manager. The scene of the confab will be Flint and the date Nov. 7-8. Headquarters to be at the Durant Hotel. Radio Re-Signs Etting Hollywood, Oct. 18. — Radio has signed Ruth Etting to a new contract calling for a series of six shorts for the 1934-35 season. Big Board Experiences Off Day Net Change -134 - 54 + 54 -54 - 54 -IK High Low Close Columbia Pictures vtc 38 36% 36% Consolidated Film Industries 3^ 3f£ 3y& Consolidated Film Ind. pfd IS54. 1514. 1554 Eastman Kodak 104% 10334 104 Fox Film "A" uyz 13^ 13^ Loew's Inc i\y& 30% 30% Loew's Inc. pfd 96 96 96 Paramount Publix cts 454 454 454 Pathe Exchange VA 154 154 RKO 254 254 254 Warner Bros 5 5 5 — j£ Sentry Rises Sixteenth on Curb Net High Low Close Change Sentry Safety Control 5/16 5/16 5/16 +1/16 Technicolor 13% 1354 13J4 Most Bond Issues in Decline High Low General Theatre Equip. 6s '40 754 7 General Theatre Equip. 6s '40 ctf 654 654 Loew's 6s '41 ww deb. rights 10254 10254 Paramount Broadway 554s '51 42%. 4254 Paramount F. L. 6s '47 5954 59 Paramount Publix 554s, '50 59 59 Pathe 7s '37 ww 9854 98 Warner Bros. 6s '39 wd 6054 S9% Net Close Change 754 654 10254 42% 59 59 98 60 + 54 - 54 + % - 54 - 54 -154 - 54 Sales 900 200 1,200 1,000 600 4,800 100 4,900 800 100 1,600 Sales 200 2,300 Sales 4 1 5 10 2 6 7 12 < Purely Personal ► DOUGLAS FAIRBANKS left by plane for the coast yesterday. He expects to return east for the open- ing of "The Private Life of Dor Juan," which he made for London Films while in England. Leon Schlesincek, producer of "Merrie Melodies" and "Looney Tunes" for Warner-First National, has changed his plans for leaving for Hollywood today and will hop a plane tomorrow. Al Bondy leaves tomorrow for Chicago, Detroit and Cleveland. He'll be gone a week on business for Gen- eral Electric shorts. Budd Rogers returned yesterday from New Bedford and Boston where he attended funeral services for his mother. Peggy Coxklin, who is under con- tract to Walter Wanger, is flying to New York, where she will remain a week. Lolise Henry, who was recently signed to a new M-G-M contract, gets into town from the coast Sunday. Fraxk O'Heron, recently made a Radio producer, has acquired an un- titled Rcpert Hughes original. Barry Conners' play, "Applesauce" has been purchased by Warners. Re- lease title will be "Red Apples." H. S. Kraft and Samuel Ornitz have sold their "Frisco Fury" to Co- lumbia for Jack Holt's use. Sig Wittman of Universal leaves today for Philadelphia, Pittsburgh and Washington. Mignon G. Eberhart's "Case of the Dark Stairway" has been bought by Warners. Francis Lister has left for the coast to plav in 20th Century's "Clive of India." M. A. Lightman leaves for his home town today after three days here. M. H. Hoffman, president of Lib- erty leaves for the coast Sunday. Harold S. Bareford got back from Washington yesterday. Hal Roach is in town again. Dissolve 3 RKO Units Albany, Oct. 18. — J. Henry Walters, attorney for RKO, has filed certificates in the office of the secretary of state, dissolving Flatbush Leasing Corp., Long Beach Theatre Corp. and St. John Riviera Corp. When reached yesterday, J. Henry Walters stated the three companies have become obsolete and are no longer operating. Golden a Colonel Washington, Oct. 18. — Nate D. Golden, chief of the M. P. Section of the Department of Commerce, is the latest appointment to the army of col- onels on the staff of Kentucky Gov- ernor Laffoon. Columbia Changes Title Hollywood, Oct. 18. — Columbia has changed the title of "Death Flies East." to "Mistaken Identity." Judith Kendall has just completed the script. The FIRST week was great, so It was held over for a SECOND swell week- Phenomenal business kept it a THIRD! And now it stays for a FOURTH week! A new record for talkies in the history of Capitol, N. Y. It's the BIGGEST hit of the year and M-G-M is thrilled with pride for- mer) HANG ON TO LEO for the BIG THINGS of 1934-35! While "Barretts" is setting new records throughout the country, "THE MERRY WIDOW" is packing them in at its $2 Astor engagement on Broadway. And soon comes Helen Hayes in "What Every Woman Knows," a truly great motion picture. Leo marches on — and thousands of happy showmen with him. -riday. October 19, 1934 MOTION PICTURE DAILY 5 Mr. Lubitsch Complains (Continued discussion these gentlemen are quite firm and business-like in their effort to see that the sacri- fices to be made for Art are made by some one else. It may further be explained to Mr. Lubitsch that censorship means a form of regulation im- posed by law or by some other exterior force. The industry's Production Code is not censor- ship. It is a free-will system adopted by those several princi- pal companies in relation to which Mr. Lubitsch .is assumed to be an employe, subject to such reasonable rules and 'regulations which his employers see fit to im- pose. I do not know whether Mr. Lubitsch was consulted on the adoption of this system. Appar- ently he was not. This is regret- table because, while it does not appear that he would have been able to contribute either informa- tion or opinions of value, still were he consulted this would have enabled him to learn something as to what it is all about. As mat- ters now stand he appears to be quite ignorant as to what the Production Code means and why it was introduced. And why, it may be added, it is being main- tained with, incidentally, no help whatsoever from Mr. Lubitsch. The Production Code, Mr. Lu- bitsch, is simply and plainly a common-sense recognition of the fact that mass entertainment must be of a character that does not seriously jeopardize the moral standards of the public. Are we to assume, Mr. Lubitsch, that you stand on some imagined rights which permit you to make enter- tainment of a character which tends to destroy public morality? Or, perhaps, do you insist there is no such thing as public mor- ality? A The Production Code is essen- tially nothing more than a rule against introducing into motion pictures anything reasonably cal- culated to lower the moral stand- ards of the average spectator. Do you consider, Mr. Lubitsch, that such a rule amounts to an unwar- ranted invasion of your artistic from page 1) rights? Assuming that you wish to continue indefinitely your profitable connections with the American industry you would be well-advised to think twice be- fore making the response to this query which your lack of under- standing of the subject might prompt you to make. Mr. Lubitsch tells the newspa- pers of several classic works of literature and the drama which he assures them cannot now be made into motion pictures on ac- count of "this censorship." Mr. Lubitsch does not know what he is talking about. He says: "It is impossible to touch most vital subjects, to treat of them seri- ously." He refers to marriage and divorce as constituting the most vital problems of contempo- rary life and asserts that these subjects cannot be dealt with honestly. Assuming Mr. Lubitsch does not mean by "honestly and seriously" the introduction for pornographic purposes, and not legitimate dra- matic purposes, of obscene and indecent material his attention may be invited to the fact that there is nothing whatsoever in the Production Code against the making of pictures based on these subjects. While there must be admitted to be incidents and facts of life which are not fit for theatrical treatment, the Produc- tion Code places no ban against the honest, serious and legitimate handling for theatrical purposes of any decent subject. Neither does it place a ban against the proper handling of these various classic novels and plays which Mr. Lubitsch complains he is not now permitted to make. Mr. Lubitsch's complaint to the newspapers is untrue and de- structive. It is untrue because it misrepresents the meaning and effect of the Production Code. It is destructive because it betrays to a public opinion which is aroused over past delinquencies of Hollywood an ignorance of the subject where knowledge of it has been assumed and a rebellious attitude where a good faith per- formance has been promised. BlumenthaPs Part in Fox Met Detailed (Continued from page 1) of $4,000,000 against the latter, based bn the stock ownership. Palmer is endeavoring to have the Fox The- atres reorganization petition dis- missed on the grounds of bad faith, ±arging that it represents an attempt on the part of outside interests to realize on Fox Met assets and could not succeed if the petition were dis- missed. Blumenthal admitted that he had made a "gift" of his $350,000 claim against Fox Theatres to his sister, Miriam Rogers of Boston. The claim was based on a commission Blumen- thal alleged was due him for serv- ices in connection with the planned acquisition for Fox of a theatre site in Boston. Palmer drew from Blumenthal the admission that he had discussed the possibilities of a reor- ganization of Fox Theatres with his sister's attorneys in Boston, with Er- nest W. Nivers and Alvin J. Schlosser of Halsey, Stuart & Co., with vari- ous creditors of Fox Theatres whom he said he could not remember, and with an attorney associated with Na- than Burkan. The petition for reor- ganization of Fox Theatres was joined subsequently by Blumenthal's sister, who identified herself as a creditor of the corporation on the basis of the claim assigned to her by Blumenthal. Asked Whether He Would Profit Asked by Palmer if ex-Judge Charles Kelby, counsel for Blumen- thal's sister, had told him, Blumen- thal, that he "could get some money out of a reorganization of Fox The- atres," Blumenthal replied: "It wasn't put as bluntly as that." The hearing, in progress before Fed- eral Judge Martin T. Manton, was ad- journed until Monday after the court 'had ruled that the first of the claims ( of the Fox Theatres petitioners to be examined was invalid. The claim was that of Louis L. Seideman, the- atre broker, and was based on a $35,- ■ 000 commission alleged to be due him tfor services in connection with a New- ark theatre deal in 1930. Felix Jen- kins of the Fox legal staff and Otto D. Koegel of Hughes, Schurman & 'Dwight, Fox attorneys, testified in i connection with the disallowed claim. While on the stand, Koegel pro- I tested the line of questioning taken by Kelby which, Koegel charged, would force him to divulge evidence which Fox Film has for suits against Wil- liam Fox in connection with the Tri- Ergon patents. Kelby's questioning which Koegel objected to comprised ,,an attempt to disclose Fox Theatres' I assets. Koegel testified that among the assets is a suit by Fox Theatres against William Fox for an account- ing and a recovery of an indeterminate amount, "probably $20,000,000," he said. Fox Film has a similar suit pending against William Fox, Koegel said. Hoblitzelle-Horwitz To Build in Houston Houston, Oct. 18.— An 1,800-seat theatre with standard sized stage and cooling system, sound equipment and audiphones, will be erected by the Hoblitzelle Interstate-Will Horwitz interests in downtown Houston. It will cost $650,000. A rental guar- antee calls for $1,250,000 over a 30- year period. Will Horwitz will be manager of the new theatre. This is the first important theatre construction in Houston in nearly seven years. The Hoblitzelle-Horwitz interests announced they will build three neighborhood theatres here as soon as they have completed architects' plans and leases. Hoblitzelle operates three of the largest first runs here, and Horwitz operates the three larg- est subsequent runs. Connecticut Wants Films for Schools Hartford, Oct. 18. — Producers may be asked by the Connecticut State Board of Education to release old films for use in schools so pupils can study them after seeing them for a second time. During the coming year film study classes are to be introduced in all four classes in the high schools of some cities. Phases of the course will in- clude the story element of pictures, the mechanics and history of films, and the part of players. Allied Heads Lay Congress Campaign Plan (Continued from page 1) program for a Congressional inves- tigation of the code. We have no argu- ment against the NRA, but it is the code we are objecting to. "Further, we will carry our fight on block booking to Congress in addi- tion to the public." It is understood that Allied mem- bers will use their screens in attack- ing block booking. Col. H. A. Cole of Texas, Abram F. Myers of Washington, and Jack Lilly of Greenville, Texas, leave for home today. H. M. Richey and J. C. Ritter of Detroit may leave today or tomorrow. Walter B. Littlefield left for Albany yesterday. The next eastern regional Allied meeting will take place in Baltimore on Nov. 19 with Littlefield as chair- man. The next regular meeting of the full board of directors will take place some time in December in New Or- leans. Episcopalians Ask Federal Film Rule (Continued from page 1) use his influence in obtaining the en- actment of legislation. In the discussion preceding the adoption of the resolution the pro- duction of objectionable pictures was criticized by Bishops William T. Manning of New York, Herbert Logan Roots of Hankow, China, and Ernest M. Stires of Long Island. "Our name is being blackened in all the countries in the world by sa- lacious movies," commented Bishop Manning. "The American motion picture in- dustry," said Bishop Roots, "is de- stroying the good name of America in the Far East, where censorship is not effective. Films regarded as too in- decent to be shown at home are shown in China and Japan." Bishop Stires asserted many unclean films are given exhibition in states not having censorship. A resolution seeking the creation of agencies within the church to work with the Legion of Decency in puri- fying the screen, although passed by the church's House of Deputies yes- terday, was sent back for revision when Bishop Manning objected to it as too weak. Read Kendall to Marry Hollywood, Oct. 18— Read Ken- dall, one of Hollywood's best liked columnists, and Jean Edwards, secre- tary to Mel Shauer at Paramount, have revealed their intention to wed. The ceremony will take place some time next month at the home of Gail Patrick. Ross in Hartford Palace Hartford, Oct. 18. — Don Ross has replaced William Fisher as manager of the Palace. Fisher had been in the post temporarily. Ross, a native of St. Louis, comes here from Loew's, Syracuse. He was with Warners for two years. I MOTION PICTURE DAILY Friday, October 19. 1934 M-G-M, Warner Hit Detroit Clearance {Continued from page 1) tone of Warners and M-G-M was that protection was a matter of negotiation between distributor and exhibitor and all that the local board could do is to set maximum clearance after deals were closed. H. M. Richey was the principal de- fender of the plan and at various times was called upon to interpret some of the meanings of clauses and provisions. He said he represented Allied of Detroit with a membership of 157 theatres. This, however, was challenged by David Newman, who owned one house, but said he repre- sented 40 others. Because of the vagueness of many of the provisions, it is highly likely the plan will be sent back for clarifi- cation. Richey declared that most of the provisions contained in the sched- ule have been in use for the past 12 years. When the question of theatre policy came up, Edward Golden, chairman of the appeal committee, at- tacked this as a violation of one of the 12 principles laid down by Campi in setting up schedules. Sees Conditions Different Richey at this point took exception to the principles, declaring that the rules laid down for clearances in San Francisco cannot in all instances apply to Detroit because of different local conditions. He also added that less than 20 key Detroit houses objected to the plan in toto. Ray Moon, rep- resenting 37 theatres in Cooperative Booking Circuit, said that the 20 houses objecting to the plan comprise the majority of revenue producing the- atres. I. Levinson of Warners asked that all references other than to clearance be eliminated from the plan immedi- ately, but Golden decided to go ahead and hear individual complaints. Wil- liam Rodgers of M-G-M took issue with a number of the clauses, stat- ing that his company would be af- fected considerably by their inclusion. Edward Kirschner of the Family, Detroit, objected to the provision for changing admissions after 6 P. M. He said he now charges one admis- sion all day and if the clause stays he will be set back three weeks on pictures. On the board in addition to Golden were Gradwell Sears and Julius Char- now. George Trendle of United Detroit Theatres stated he was in favor of the plan. Other exhibitors attending were James C. Ritter, Adrian Rosen, Sam Brown and a group of Allied of- ficers, including Abram F. Myers, Walter B. Littlefield, Col. H. A. Cole and Sidney Samuelson. Jack Price of Price Premiums attended because of a provision anent premiums. David Barrist also was on hand. About 20 Detroit exhibitors listened to the arguments. Cantor, Nizer, Lubitsch Enliven Ampa 'Tower Day9 More than 200 turned out for "Tower Day" at the Ampa yesterday. All branches of the industry were repre- sented— press agents, the trade press, executives, producers, directors and players. It was a field day for the players, and Louis Nizer. Nizer introduced Eddie Cantor as a man with "eyes penetrating, yet in- effably sad; a roguish nose, a little turned up at the end ; a mercurial body, and, added to his physical abilities, a mental nimbleness." And Cantor responded by saying that he wished Ida (Mrs. Cantor) could have heard it, "because she is a Clark Gable fan and thinks I have no sex appeal." He added that he had thought the mercurial part of his makeup was a secret. Then he offered to answer ques- tions. Somebody asked him to talk about Samuel Goldwyn. "I'm really not a picture man," Cantor explained, "so I shouldn't talk about Goldwyn. In fact, he has often told me I'm no picture man and I shouldn't butt in. "He's a great personal comedian," Cantor continued confidentially, "but he doesn't let his personal comedy get into his pictures. That's why they're good." Then he switched to Rubinoff — again confidentially. "People often ask me why I knock him. It's good business. He has mil- lions of friends, and when I knock him over the radio they switch off and go out and drink another cup of coffee. Rubinoff is a fine fellow, though. He's the kind of a guy who will stick a knife in your back and then have you arrested for carrying concealed wea- pons." Cantor Hits Radio Critics Between questions he said Catherine McNelis, head of Tower Publications, was doing "a great job." In reply to one question he said most of the radio critics did not know their jobs. "What I object to," he said, "is the racketeering among some of them." One curious individual wanted to know what was the matter with the last drop of a well-known brand of coffee. He replied that when dated coffee ran out of date it was sold to this firm and age may have some- Nazis Bar Stars Berlin, Oct. 18.— Two of Germany's most popular film stars have been barred from appearing in future produc- tions. One, Adolph Wohl- breuck, was barred on the ground that he was non- Aryan; another, Paul Hoer- biger, for making indiscreet remarks about the Nazi re- gime during a private conver- sation. thing to do with it. Just an old Can- tor gag. Chaplin, he said, replying to another question, makes pictures only once every two or three years so he will not have to take Uncle Sam in as a silent partner on the income. In a serious vein he said he was glad his pictures were barred in Ger- many "because I don't want to make people laugh who make my people cry." Ernst Lubitsch, one of the first in- troduced, said he couldn't tell any funny stories, because he had told them to Cantor the day before and had re- hearsed them with him. Nizer introduced Charles MacArthur and Ben Hecht together, because, "under the New York state law, col- laborators cannot be separated." MacArthur said a few words into the microphone, but Hecht was silent. "Now you see how we collaborate," added MacArthur. The Duncan Sisters sang two num- bers; Edith Murray, CBS artist, con- tributed a song; Ernie Kaufman, radio singer, rendered a selection and did an excerpt from one of his sketches and Ginger Rogers, Harry Hershfield, Claire Trevor, Regis Toomey, and others took bows. Elsie Janis told a story. Miss McNelis said that five years ago when Tower magazines were started she would have been embar- rassed by "such a gathering of ce- lebrities and might not have had cour- age to proceed. Now I am gratified." She promised a "bigger and better" issue of ATczi> Movie with the next Cuba Is Gaining, States Dave Lewis Since formation of the new coalition government and subsequent increased confidence in the political and eco- nomic situation, theatre business in Cuba has considerably improved, Dave Lewis, administrator of the M-G-M exchange there, stated yesterday. Up to last January business was very bad, but the future is more promising for theatres than it has been in the last nine months, he said. The reciprocity tariff between the U. S. and Cuba has worked very fa- vorably for the latter country, the U. S. reducing import duties on sugar from two cents a pounds to nine-tenths of a cent on a quota of 2,000,000 tons annually, Lewis declared. He also added that Cuba is getting a break in the tobacco and other main industries from the U. S. As a result, economic conditions in Cuba should show tremendous im- provement, which will be reflected in theatre attendance, he stated. About 350 American pictures are imported annually. There are 150 wired and 75 silent theatres opened and 175 closed. There are some silent houses which are opened one day a week. The two first runs in Havana are the Na- tional and Encanto. Lewis is here on a vacation and leaves for his headquarters in about a week. He plans to drive to Key West and from there take a boat for Havana when he returns. Dave Gould, head of M-G-M's office in Puerto Rico, asserted that in his territory 86 of 126 houses are in operation. Decide Two Zoning Cases; Hold Third Decisions were handed down in two clearance and zoning cases and one reserved by the New York code board yesterday. In the complaint filed by the Maplewood, Maplewood, N. J., against Warners' Cameo, South Orange; Millburn, Millburn; San- ford, Irvington, and Stanley, New- ark, the decision was withheld in order to give the board time to investigate. On the protest of the Washington, Washington, N. J., against the Music Hall, Clinton, and State and Em- bassy, Easton, Pa., the board held that it had no jurisdiction over this territory, since the clearance and zon- ing schedule for the Philadelphia ter- ritory had already been set up. The Washington wanted the theatre zoned in New York. In the case of the Liberty, Free- hold, N. J., against Walter Reade's Asbury Park houses, the board de- cided that Reade's first run houses have 14 days' protection and his sec- ond houses have none. The board also insisted that Reade select his first run product within the next three weeks so that Freehold can book his pictures accordingly. Cantor Praises Code Work of Rosenblatt Praise for Division Administrator Sol A. Rosenblatt's efforts in straight- ening out the coast situation affecting actors was given yesterday by Eddie Cantor. The star also held favorable the results of the code in Hollywood. He said: "Rosenblatt has done a good job on the actors' situation and those that needed the work most are being taken care of," he stated. "I think the code is serving a good purpose in that it helps everyone." Cantor is a member of Campi's stu- I dio labor committee and asserted he J had a lot to do with setting up the code on the coast. He leaves for London on Dec. 1. 'Aran" Draws Crowd At Criterion Debut (Continued from page 1) Flaherty and which was accorded the Mussolini gold cup. Broadway got a different sort of thrill with the unexpected and un- heralded appearance of an Irish bag- pipe band atop of the theatre marquee. Described as the only one of its kind in America, the instruments shrilled their music across Times Square and drew a sizable crowd of onlookers. "Tiger" King, Maggie Dirrane and Michael Dillane, who play the leads, appeared in a symbolic prologue dur- ing which Miss Dirrane sang ancient Gaelic songs in the original. Off- stage accompaniment on a piano was provided by Dr. Henry Cowell, di- rector of musical activities at the New School of Social Research. The Gaumont-British executive per- sonnel, including Mark Ostrer, Michael Balcon, Jeffrey Bernerd, Ar- thur Lee and the company's publicity staff, headed by A. P. Waxman, were present in force as were top executives of other distributing organizations. Gaumont Engages Donat Gaumont British has signed Robert Donat, currently appearing in "The Count of Monte Cristo," to star in a couple of films, the first to be John Euchan's "Thirty-Nine Steps." Dismiss Duluth Protest Minneapolis, Oct. 18. — The J. B. Clinton zoning protest against Publix at Duluth has been dismissed by the clearance and zoning board. IMPORTANT ADVANCE INFORMATION! We urge you to screen at your first opportunity HELEN HAYES in "WHAT EVERY WOMAN KNOWS." This is truly one of the finest, sincerest, most human pictures of our time* We suggest that your advertising should take the form of a personal recommendation* Tell your patrons that again you advise them to attend a new Helen Hayes picture* Tell them that their faith was justified when you rec- ommended "Sin of Madelon Claudet*" You can go on record emphatically in your approval of "WHAT EVERY WOMAN KNOWS/; Remember, it is Sir James M* Barrie's great play. In the cast, Brian Aherne and Madge Evans* M-G-M is heartily proud of it! n 935P ©CI 1* 1934 729 SEVENTH AVE rOlAJM&lA ""T^TTm L-ABlie^A^EWENT HERE STOP up CESSFUL ENGA°T10N SPLENDID S OOoVvVOPK REGARDS "X 's superb '/ a j „ Ar)other ar*~~i "rt,- • unner- UD on '/ . 10 MOTION PICTURE DAILY Friday, October 19. I 66 U" Scores News Scoop On Broadway (Continued from page 1) to the M-G-M exchange, this was the first delivery made in New York. Fox Movietone went further than the others with a total clip of 600 feet and Lowell Thomas handling the narrative. Its first showing was at the Embassy at 6 :30. E. M. May, as- sistant manager of the latter house, thus found all the reels on his hands. He said decision had been made as to which would be retained for shows starting today, but added that prob- ably Fox Movietone would emerge as the victor in that sector. Paramount News last night ad- vanced the claim that its clips would blanket the United States "in less than 24 hours." The reel assumed full credit for a scoop in distribution and maintained that principal out-of-town points were being served by air. In this classification were cited Philadel- phia, Washington, Boston and Pitts- burgh. As is usual on big newsreel events, conflicting claims yesterday probably will result in a mild deluge of addi- tionally conflicting statements today. Careful check instituted by Motion Picture Daily, however, indicated clearly that it was Universal which first reached Broadway, although its actual clips of the assassination were photographed with a silent camera. Exact footage and a complete descrip- tion of each shot had been cabled in advance. With this data, McNamee was enabled to prepare and have re- corded his narrative before the film was hurried from the decks of the Washington yesterday morning for the laboratory. "Bachelor," Show, Providence Leader Providence, Oct. 18.— The RKO Albee, spotting "Once to Every Bach- elor" and a snappy revue, managed to catch the big take of the week, $8,100, which is $1,100 over average. The Majestic and Strand had aver- age weeks, with Loew's taking a nose dive with "Outcast Ladv" and "That's Gratitude." Only $7,300 resulted. Total first run business was $38,200. Average is $40,500. Estimated takings for the week end- ing Oct. 11: "OUTCAST LADY" (U. A.) "THAT'S GRATITUDE" (Col.) LOEW'S STATE— (3,800), 15c-40c, 7 days. Gross: $7,300. (Average, $12,000) "A GIRL OF THE LIMBERLOST" (Monogram) "YOUNG AND BEAUTIFUL" (Mascot) STRAND— (2,300), 15c-40c, 7 days. Gross: $6,700. (Average, $6,500) "ONCE TO EVERY BACHELOR" (Mascot) RKO ALBEE— (2,300), 15c-40c, 7 days. Aristocracy Revue on stage. Gross: $8,100. TAverage, $7,000) "A LOST LADY" (F. N.) FAY'S— (1,600), 15c-40c, 7 days. "Shuf- fle Along" on stage. Gross: $7,900. (Aver- age, $7,000) "DESIRABLE" (Warners) "CASE OF THE HOWLING DOG" (War.) MAJESTIC— (2,400), 15c-40c, 7 days. Gross: $7,000. (Average, $7,000) "DOWN TO THEIR LAST YACHT" (Radio) "CHEATERS" (Col.) RKO VICTORY — (1,600), 10c-25c, 4 days. Gross: $1,200. (Average, $1,000) Looking 'Em Over "The Man of Aran" (Gaum-ont British) "The saga of a man whose only master was the sea," is the keynote behind Gaumont British's advertising campaign for this picture, pro- duced and directed by Robert J. Flaherty, whose "Nanook of the North" has not been dimmed by the years. That line tells the story of "The Man of Aran." Inhabitants of small, rock-creviced islands off the west coast of Ire- land, what you get here is a page torn from the daily lives of the Spar- tan inhabitants who seek to eke their living from a land which breathes back only defiance. They scour the rocks for soil which brings them potatoes ; they hunt the seas for the basking shark which gives them oil for their lamps throughout long, treacherous and grueling winters; they fight the ocean which surrounds them and never relents. That's all there is to the story. But "The Man of Aran" is so funda- mentally true, as basic as the very elements which play so powerful a part in the telling of this simple, yet rugged, story that it grips and holds and creates an emotional impact often as crashing as the murder- ous seas which smash their way across the screen. Flaherty directed. He also photographed this picture with results recorded on celluloid that are as breath-taking and as vivid as they are frightening. In their natural manner, the principals — "King" Tiger, Maggie Dirrane and the boy, Michael Dillane — are charming, un- affected and, therefore, effective. Here is a distinctive picture, far off the beaten track pursued by the average film labeled Hollywood. How it will fare is a question. Un- fortunately so. It deserves praise, a break and success. Reviewed without a production seal, the production as caught at the Criterion last night ran 75 minutes. K A N N MOTION PICTURE DAILY* HOLLYWOOD PREVIEW White Parade" (Jesse L. Lasky-Fox) Hollywood, Oct. 18. — That completely beauteous creature, Loretta Young, evidences mature star power in this heart-stirring play which Jesse L. Lasky has produced with box-office sagacity. Irving Cummings' sympathetic direction wins him the right to be included in the select inner circle of directors for purveying this entertainment so fragile with tears and trembling with laughter. Depicting the collegiate training of nurses from probation to gradu- ation, it wisely omits any clinical and surgical scenes, concentrating on the dreams, ambitions, heartaches, romances, humor, drama and the service ideals of the schools and the girls. Intimate scenes in the dormitories and hospital pluck the emotions. Nurse Young loves a rich polo player, John Boles. Despite his ardor and promise of security, she foregoes romance to follow the lamp of Florence Nightingale. Production values and Arthur Miller's camera work are topnotch. Bole's portrait is restrained and personable. The supporting cast gives fine performances, particularly Muriel Kirkland, Jane Darwell, Astrid Allwyn, Joyce Compton and Sara Haden. Even a small part by Jean Barnes stands out. The film reflects credit on Rian James' story and the screenplay by Sonya Levien and Ernest Pascal with adaptation by James as well as Jesse L. Lasky, Jr. Interest is at all times sustained by a pervading human note, thus making the characters real and genuine. Showmen, by exploiting these human values with tender romance and heart drama, should do big opening business and bigger business as the news gets around. Production code seal, No. 346. Running time, 90 minutes. "The Case of the Howling Dog',' Tuesday night's preview at the Rialto, was reviewed by wire from Hollywood on Aug. 27. "Have a Heart," new attraction at the Mayfair, was reviewed by zvire from Hollywood on Aug. 13. "Barretts" At Top of Denver List, $7,50( Denver, Oct. 18. — "Barretts Wimpole Street" did this city's big first run business here, $7, "The Count of Monte Cristo" was only other attraction in town to si up in the face of this competitio: took $3,000, up by $500, at the All Total first run business was $22, Average is $20,500. Estimated takings for the week end ing Oct. 11 : "COUNT OF MONTE CRISTO" (U.A. ALADDIN— (1,500), 25c-35c-SOc, 7 dayi 2nd week. Gross: $3,000. (Average, $2,500 "CRIME WITHOUT PASSION" (Para. DEN HAM — (1,500), 25c-35c-50c, 7 dayi Cross: $3,000. (Average, $4,000) "THE BARRETTS OF WIMPOLE STREET" (M-G-M) DENVER— (2,500), 25c-35c-50c, 7 dayi Gross: $7,500. (Average, $6,000) "THE DRAGON MURDER CASE" (F. N. ORPHEUM— (2,600), 25c-35c-50c, 7 dayi Gross: $5,500. (Average, $6,000) "JUDGE PRIEST" (Fox) PARAMOUNT — (2,000), 25c-40c, 7 dayi Gross: $3,000. (Average, $3,000) Screen Must Look To Youth — Warner (Continued from Page 1) to students in film and other courses in the country's educational institu- tions who show high proficiency ir their studies. Asserting that the industry does not resent criticism when deserving of it Warner declared that the motion pic- ture is a builder of good will through- out the world, adding that the screen has done a great deal toward selling of American merchandise abroad. Warner said that the screen, besides entertaining, is important as a teacher of morals in that by revealing the wrong it teaches the right in the same way the Bible does. Warner declared a producer cannot succeed unless in selecting his stories he can gauge today the public taste of tomorrow. A story must be seen through the eyes of the people the producer is seeking to reach, he added. Successful pictures must possess something that will appeal to the public, Warner asserted. Before pro- duction is started, he asserted, the pro- ducer must visualize mass appeal and must consider that people are not alike in all communities of the country. According to Warner, film-goers are no longer willing to accept what is thrown to them. He said today people are shopping for their entertainment. A film must depend on more than its lavishness for success, Warner asserted. S. Charles Einfeld and Stuart Mac- Donald were present from the home office. Arrest Eleven Pickets Eleven war veterans picketing the Mayfair, Globe and Central theatres were paroled by Magistrate Earl A. Smith in Night Court yesterday for a hearing Wednesday in West Side Court after they had been arrested earlier in the day for allegedly block- ading traffic by their activities. The men are members of the M. P. Opera- tors' Union. UNIVERSAL FIRST ON BROADWAY [On The Screen at 11:35 A. M. Yesterday] FIRST IN AMERICA WITH ACTUAL SCENES OF THE ASSASSINATION OF KING ALEX AN Mm mm mm JRl M W To a world yearning for j^.^*****?-***. comes this | AMAZING PERSONALITY! To a nation eager for !&£t£&*- comes this STARTLING DRAMA! Too beautiful to escape men's caresses . . too innocent to fathom their intrigu her face haunted the thoughts of those who coldly used her loveliness for their own sinister ends . . in the danger zone of world intrigue ! Produced by Winfield Sheehan • Directed by Henry King Screen play by Reginald Berkeley • Based on a novel by Jacques Deval MOTION PICTURE DAILY 14 "Barretts" Is $20,000 Wow, Philadelphia Philadelphia, Oct. 18.— "The Bar- retts of Wimpole Street" spelled money last week for the Boyd, knock- ing off a magnificent $20,000. It was held. Other top-notch grosses sent the totals rising. "Judge Priest" stuck to $19,000, together with the popular con- cert stage show idea at the Fox- Nor- mally, would have been plenty to hold, but with product damming up the picture was let go. The Earle, with "Big Hearted Herbert" and Ben Ber- nie nabbed $18,500. "The Last Gen- tleman" started profitably at the Al- dine, but not so big as previous films arid will probably not complete a second week. "Now and Forever" didn't live up to the Shirley Temple expectations at the Stanley, though it is figured for a neighborhood mop-up. It will get a second downtown run at the Karlton. Total first run business was $94,150. Average is $73,500. Estimated takings for the week end- ing Oct. 11 : "HIDEOUT" (M-G-M) (2nd run) ARCADIA— (600), 25c-35c-50c, 5 days. Gross: $1,750. (Average, 6 days, $2,400.) "THE LAST GENTLEMAN" (U. A.) ALDINE — (1,200), 40c-S5c-65c, 6 days. Gross: $10,000. (Average, $7,500.) "BARRETTS OF WIMPOLE STREET" (M-G-M) BOYD — (2,400), 40c-55c-65c, 6 days. Gross: $20,000. (Average, $12,000.) "BIG HEARTED HERBERT" (Warners) EARLE— (2,000), 40c-55c-65c, 6 days. Stage show with Ben Bernie and orchestra. Gross: $18,500. (Average, $12,000.) "JUDGE PRIEST" (Fox) FOX— (3,000), 35c-40c-65c, 2nd week, 6 days. Stage show with concert stars, in- cluding Adelaide de Loca, Douglas Stans- bury, Kan Peerce, Viola Philo. Gross: $19,000. (Average, $12,000.) "THE FOUNTAIN" (Radio) (2nd run) KARLTON— (1,000), 30c-40c-50c, 6 days. Gross: $2,900. (Average, $3,500.) "CARAVAN" (Fox) LOCUST— (1,300), 55c-$1.10, 2nd week, 6 days. Gross: $5,500. (Average, $7,000.) "NOW AND FOREVER" (Para.) STANLEY— )3.700), 40c-55c-65c, 6 days. Gross: $10,500. (Average, $12,000.) "AGE OF INNOCENCE" (Radio) STANTON— (1,300), 30c-40c-55c, 6 days. Gross: $6,000. (Average, $6,000.) "Wake Up," Band, Lead in Oklahoma Oklahoma City, Oct. 18— The Liberty scored again here last week, going to $2,500 on "Wake Up and Dream," with Carleton Cook and his orchestra on the stage for four days. The take was over normal by $500, and was the only first run in the city to exceed par. Total first run business was $12,500. Average is $13,500. Estimated takings for the week end- ing Oct. 13: "MADAME DU BARRY" (Warners) CRITERION— (1,700), 10c-20c-36c-41c-56c, ? days. Gross: $3,000. (Average, $5,000) "CASE OF THE HOWLING DOG" (War.) MIDWEST — (1,500), 10c-26c-36c-56c, 7 days. Gross: $3,000. (Average, $4,000) "GIFT OF GAB" (Univ.) CAPITOL— (1,200), 10c-20c-26c-36c-41c, 7 days. Gross: $2,500. (Average, $2,500) "WAKE UP AND DREAM" (Univ.) LIBERTY — (1,500), 10c-15c-26c-36c, 4 days. Carleton Coon and orchestra on stage. Gross: $2,500. (Average, $2,000) "HELL CAT" (Col.) LIBERTY— (1,500), 10c-15c-26c-36c, 3 days Gross: $1,500. (Average week, $2,000) "Wimpole" at $46,000 2nd Capitol Week "Barretts of Wimpole Street" con- tinued to be the outstanding attraction on Broadway in its second week, and it is scheduled for a fourth, the first at the Capitol since the silent days. The second week take was $46,000. Two other holdovers were still go- ing strong. "The Count of Monte Cristo" took $27,500 in its second stanza at the Rivoli, and "Belle of the Nineties" took $28,000 in its third week at the Paramount. "Power" was good, but not out- standing, at the Music Hall, the gross being $68,000. "Peck's Bad Boy" took $29,000 in its first week at the Koxy and was held. Estimated takings : Week Ending Oct. 9: "COUNT OF MONTE CRISTO" (U. A.) RIVOLI— (2,300), 40c-99c, 2nd week, 7 days. Gross: $27,500. Week Ending Oct. 10: "WAGON WHEELS" (Para.) MAYFAIR— (2,300), 35c-65c, 7 'lavs. Gross: $11,000. "POWER" (Gaumont British) RADIO CITY MUSIC HALL— (5.945), 35c-$1.65, 7 days. Stage S'low. Gross: $68,000. Week Ending Oct. 11: "BARRETTS OF WIMPOLE STREET ' (M-G-M) CAPITOL— (4,700), 35c-$l.b5, 2nd week, 7 days. Stage show. Gross: $46,000. "RICHEST GIRL IN THE WORLD" (Radio) PALACE— (2,500). 25c-75c, 7 davs. Vaude- ville. Gross: $14,000. "BELLE OF THE NINETIES" (Para.) PARAMOUNT— (3,700), 35c-99c, 3rd week, 7 days. Gross: $28,000. "PECK'S BAD BOY" (Fox) ROXY— (6,200), 25c-55c, 7 days. Stage show. Gross: $29,000. "A LOST LADY" (Warners) STRAND— (2,000), 25c- 55c, 7 days. Gros«: $18,700. Week Ending Oct. 16: "OUR DAILY BREAD" (U. A.) RIALTO— (2,300), 25c-63c, 2nd week, 7 days. Gross: $10,000. "Night," Montreal Draw with $8,000 Montreal, Oct. 18.— The Canadian Thanksgiving Day on Oct. 8 fitted nicely into the theatre picture here. There was one holdover, "One Night of Love," at the Princess, with a take of $8,000 for the second week and a resultant extension to a third week. Seven days of "Cleopatra" at the Palace brought $13,000, while the combination of "Death on the Dia- mond" and Rae Samuel's "Cocktail Hour" stage show cashed in to the same amount. Total business was $48,000. Aver- age is $43,000. Estimated takings "CARAVAN" (Fox) "THE HUMAN SIDE" (Univ.) CAPITOL— (2,547), 25c-35c-40c-50c-60c, 7 days. Gross: $10,500. (Average, $9,000.) "SCOTLAND YARD MYSTERY" (Fox) "SHE WAS A LADY" (Fox) IMPERIAL— (1,914), 25c-40c-50c, 7 days. Vaudeville acts. Gross: $3,500. (Average, $6,500.) "DEATH ON THE DIAMOND" (M-G-M) LOEW'S — (3,115), 30c-40c-45c-57c-75c, 7 days. Stage: Rae Samuel's "Cocktail Hour." Gross: $13,000. (Average, $10,500.) "CLEOPATRA" (Para.) PALACEr-(2.600). 34c-40c-5Oc-60c-75c, 7 days. Gross: $13,000. (Average, $11,000.) "ONE NIGHT OF LOVE" (Col.) "GIRL IN DANGER" (Col.) PRINCESS — (2,272), 30c -35c -50c -65c, 7 days. Gross: $8,000, 2nd week. First week: $8.finO. (Average. $6,000.) One-Man Unit Hollywood, Oct. 18. — Joseph Santley is a one-man pro- ducing unit. Santley first did the origi- nal of "Million Dollar Baby" for Monogram. Then he penned the screen play and wrote the lyrics and music for two songs and finally he will direct the film. He is thinking of playing the leading role. "Wimpole" Is Los Angeles Wow, $23,000 Los Angeles, Oct. 18. — With fair attractions and favorable weather, grosses gained considerably over the week before. "Barretts of Wimpole Street" lifted Loew's State close to a record with a gross of $23,000. Normal for the house is $14,000. "Mrs. Wiggs of the Cabbage Patch" topped par by $3,775 with a gross of $21,775 at the Paramount. A dual, "One Exciting Adventure" and "Love Time," was strong at Pantages. Total first run business was $70,475. Average is $69,200. Estimated takings for the week end- ing Oct. 17: "BARRETTS OF WIMPOLE STREET" (M-G-M) LOEW'S STATE— (2,413), 30c-55c, 7 days. Gross: $23,000. (Average, $14,000) "MRS. WIGGS OF THE CABBAGE PATCH" (Para.) PARAMOUNT— (3,595). 30c-55c, 7 days. Stage: Rube Wolfe and his orchtstra, F. & M. revue. Gross: $21,775. (Average, $18,000) "MADAME DU BARRY" (Warners) RKO— (2,700), 25c-65c, 7 days. Gross: S5.200. (Average. $8,000) "MADAME DU BARRY" (Warners) WARNER BROS. (HOLLYWOOD) — (3.000), 25c-65c, 7 days. Gross: $9,200. (Average, $14,000) "THE CASE OF THE HOWLING DOG" (Warners) WARNER BROS. (DOWNTOWN) — (3,000). 25c-40c. 7 days. Gross: $7,500. (Average. $12,000) "ONE EXCITING ADVENTURE" (Univ.) "LOVE TIME" (Fox) PANTAGES— (3.000). 25c-40c, 7 davs. Gross: $3,800. (Average, $3,200) Seattle to Have Club Seattle, Oct. 18. — A new social club to be established in the New Washington Hotel here, near Film Row, is now in the process of or- ganization. Film exchange member- ships will be handled by a commit- tee headed by Neal East, manager of the Paramount exchange. Theatre division members will be enlisted by a committee under the direction of Al Rosenberg. Cincy Variety to Move Columbus, O., Oct. 18. — The local Variety club, known as Tent No. 2, will vacate its present quarters in the Deshler Wallick, and move into an elaborate suite of rooms at the Neil Hotel in about 60 days. Goldstein Heads Club Gloversvtlle, N. Y., Oct. 18. — Louis Goldstein, chief booker of the Schine circuit, has been elected president o( tWe Schiners' Club for 1934-35. Friday, October 19, 1934 "Barretts" Is Seattle High With $8,000 Seattle, Oct. 18. — "Barretts cl Wimpole Street" was the only strong attraction in town last week. It took $8,000 at the Fifth Avenue, going $1.- 000 over the profit line in its second week. "The Count of Monte Cristo" took a good $4,200 at the Blue Mouse, but apparently the other first runs couldn't stand the competition. Total first run business was $29,150. Average is S3 1,000. Estimated takings for the week end- ing Oct. 6: "COUNT OF MONTE CRISTO" (U. A.) (Second Run) BLUE MOUSE— (950), 25c-40c-55c, 7 days. Gross: $4,200. (Average, $4,000) "BARRETTS OF WIMPOLE STREET' (M-G-M) FIFTH AVENUE — (2,450), 25c-40c-55c, 7 days, 2nd week. Gross: $8,000. (Average, first week, $7,000) "BLACK MOON" (Col.) "BLIND DATE" (Col.) LIBERTY— (1.800), 10c-15c-25c. 7 days. Gross: $3,600. (Average, $4,000) "A LOST LADY" (F. N.) "WAKE UP AND DREAM" (Univ.) MUSIC BOX — (950), 25c-35c-50c, 7 days. Gross: $3,250. (Average, $3,500) "AGE OF INNOCENCE" (Radio) MUSIC HALL— (2,275), 25c-40c-55c, 7 days. Gross: $4,900. (Average, $6,500) "DEATH ON THE DIAMOND" (M-G-M) PARAMOUNT— (3,050), 25c-35c, 7 days. "The Drunkard" on stage. Gross: $5,200. (Average, $6,000) Rogers Is $6,000 Indianapolis Hit Indianapolis, Oct. 18. — "Judge Priest" was a sensation here last week It went over normal by $3,500 for a total gross of $6,000 at the Apollo in its second week. In spite of the terrific draw of the Rogers film "One Night of Love" pulled a big S10.000, up by $3,000, at the Indiana, and "The Last Gentle- man" was strong at $5,000 at the Palace. Total first run business was $32,000. Average is $26,000. Estimated takings for the week end- ing Oct. 13: "JUDGE PRIEST" (Fox) APOLLO— (1,171), 25c-40c, 2nd week. Gross: $6,000. (Average, $2,500) "THE DRAGON MURDER CASE" (F. N.) CIRCLE— (2,638), 25c-40c, 7 days. Gross: $4,000. (Average, $4,000.) "ONE NIGHT OF LOVE" (Col.) INDIANA— (3,133), 25c-40c, 7 days. Gross: $10,000. (Average, $7,000) "BIG HEARTED HERBERT" (Warners) LYRIC— (1,896). 25c-40c, 7 days. Vaude- ville. Gross: $7,500. (Average, $8,000) "THE LAST GENTLEMAN" (U. A.) PALACE— (2,431), 25c-40c, 7 days. Gross: $5,000. (Average, $4,500) Tobacco Film Ordered Audio Prod, has signed a contract with the Brown & Williamson To- bacco Corp. of Louisville to produce a black and white cartoon subject, using a penguin as the central charac- ter. This is the trade mark of Kool cigarettes. The picture is to be shown from traveling trucks. 'Pimpernel' Is Completed London, Oct. 18. — Work has been completed at Elstree on "The Scarlet Pimpernel," London Films production to be released through United Artists. Iday, October 19, 1934 MOTION PICTURE DAILY 15 (Chained" Is Best Draw As Chicago Dips Chicago, Oct. 18. — Loop houses bwed the effects of dwindling fair jsses. "Chained" made the best jwing of the first runs by getting 5,000, over the mark by $4,000, at e Roosevelt. 'Ladies Should Listen" was strong $17,000, up by $2,000, at the Orien- , and "Girl From Missouri" took 5,000 at the Chicago, but all other ruses were either average or below. Total first run business was $132,- 0. Average is $131,600. Estimated takings : Week Ending Oct. 8: "CHAINED" (M-G-M) ROOSEVIELT— (1,591), 25c-35c-50c, 2nd •ek, 7 days. Gross: $16,000. (Average, ,000) Week Ending Oct. 11: •GIRL FROM MISSOURI" (M-G-M) CHICAGO— (4,000), 25c-35c-68c, 7 days. age: Guy Kibbee, Ritz Bros., Evans .mcing Girls. Gross: $35,000. (Average, rt.uOO) 3EATH ON THE DIAMOND" (M-G-M) GARRICK— (900), 25c-35c-40c, 7 days, -oss: $5,000. (Average, $5,000) LADIES SHOULD LISTEN" (Para.) ORIENTAL— (3,940), 25c-40c, 7 days, age: Alice Faye, Art Kahn & Bob No- ll, Lamberti, Ted Cook band. Gross: •j.OOO. (Average, $15,000) "THE FOUNTAIN" (Radio) PALACE— (2,509), 25c-35c-50c, 7 days, age: Aileen Stanley, The Ritter Troupe, red Sanborn and others. Gross: $22,000. Werage, $22,000) Week Ending Oct. 12: "THE LAST GENTLEMAN" (U. A.) j 1'XITED ARTISTS— (1,700), 30c-40c-60c, It 1 week, 7 days. Gross: $11,000. (Average, 7,000) BELLE OF THE NINETIES" (Para.) (Fourth Loop Week) APOLLO— (1,400), 25c-35c-50c, 7 days, ross: $12,000. (Average, $12,000) Week Ending Oct. 13: "CALL IT LUCK" (Fox) STATE- LAKE— (2,776). 20c-25c-35c, 7 ays. Stage: Armida in person and vaude- ille. Gross: $14,000. (Average, $15,000) 'Belle" Big Draw In Omaha, $10,200 Omaha, Oct. 18.— "Belle of the ■,'ineties" packed 'em in from the start i its seven-day run at the Para- lount, the gross going up to $10,200 in the week. This is over normal by 2.200. "Judge Priest" and "There's Al- ways Tomorrow" on a dual at the Or- heum were also over par by $2,200 n a $9,700 take. Another dual, "A -ost Lady" and "Among the Miss- :ig," was strong at $4,000 in the irandeis. Total first run business was $27,- 00. Average is $22,500. Estimated takings : Week Ending Oct. 10: "WAKE UP AND DREAM" (Univ.) 'MILLION DOLLAR RANSOM" (Univ.) WORLD — (2,200), 25c-40c, 7 days. Gross: 3,500. (Average, $3,500) 'BELLE OF THE NINETIES" (Para.) PARAMOUNT — (2,800), 25c-40c, 7 days. ..ross: $10,200. (Average, $8,000) Week Ending Oct. 11: "A LOST LADY" (F. N.) "AMONG THE MISSING" (Col.) BRANDEIS — (1,500), 20c-25c-35c, 7 days. ..ross: $4,000. (Average, $3,500) "JUDGE PRIEST" (Fox) "THERE'S ALWAYS TOMORROW" _ (Universal) ORPHEUM— (3,000), 25c-40c, 7 days ..ross: $9,700. (Average, $7,500) Rogers Lands $19 000 Over Average and Leads 'Frisco San Francisco, Oct. 18. — In a week when no other first run grosses de- veloped anything startling "Judge Priest" ran up to $9,000 at the St. Francis. This is $1,000 over average- "The Count of Monte Cristo" took a par $8,000 at the United Artists, and "Caravan" was even with the line at $11,000 in the Paramount, but all the other downtown houses fared badly. Total first run business was $79,000. Average is $83,000. Estimated takings : Week Ending Oct. 9: "RICHEST GIRL IN THE WORLD" (Radio) GOLDEN GATE— (2,800), 25c-35c-40c, 7 days, 2nd week. Stage: Band. Gross: $11,- 000. (Average, $13,000.) Week Ending Oct. 10: "MILLION DOLLAR RANSOM" (Univ) "THERE'S ALWAYS TOMORROW" (Univ.) FOX— (4,600), 15c-30c-40c, ? days. Gross: $10,000. (Average, $11,000) "CARAVAN" (Fox) PARAMOUNT— (2,670), 15c-25c-55c-65c, 7 days. Gross: $11,000. (Average, $11,000) "BRITISH AGENT" (Warners) WARFIELD — (2,700) , 25c-35c-55c-65c, 7 days. Stage: Band. Gross: $22,000. (Aver- age, $23,000) Week Ending Oct. 11: "ONE NIGHT OF LOVE" (Col.) ORPHEUM — (3,000), 15c-30c-3Sc-40c, 7 days, 6th week. Gross: $8,000. (Average, $9,000) "JUDGE PRIEST" (Fox) ST. FRANCIS— (1,400), 15c-35c-55c, 7 days. Gross: $9,000. (Average, $8,000) "COUNT OF MONTE CRISTO" (U. A.) UNITED ARTISTS— (1,200), 15c-35c-55c, 7 days. Gross: $8,000. (Average, $8,000) Belle" Hits $15,000, Top In Pittsburgh Pittsburgh, Oct. 18. — Business was up generally last week with one ex- ception, and the comparative top went to "Belle of the Nineties" at the Stanley, where Mae West gathered around $15,000, or $6,000 above par and the best straight picture taking at this site in some time. "The Count of Monte Cristo" con- tinues to be the talk of the town, do- ing $7,000 in its third week, which is little short of sensational. At the Alvin, the start of stage shows, to- gether with "You're Telling Me," brought in $12,000, while the com- bination of "A Lost Lady" and "Down to Their Last Yacht" helped the Warner to $5,550. Only the Penn, with "You Belong to Me" and a stage show, failed to make the grade, sliding to $16,000. The Pitt also picked up with the Olsen-Johnson unit and "Jane Eyre," getting $7,200 for an ex- cellent showing. Total grosses in six first-runs were $61,750. Average, is $56,500. Estimated takings for the week end- ing Oct. 11 : "YOU'RE TELLING ME" (Para.) ALVIN— (2,000), 25c-40c, 6 days. Stage: Johnny Perkins, 12 Aristocrats, Ruth Petty, Maxellos and Duke McHale. Gross: $12,000. (Average, $10,000.) "COUNT OF MONTE CRISTO" (U. A.) FULTON— (1,700), 15c-40c, 6 days, 3rd week. Gross: $7,000. (Average, $4,500.) "YOU BELONG TO ME" (Para.) PENN— (3,300), 25c-75c, 6 days. Stage: Ed Lowry, George Sidney, Eleanor Powell, Florence and Alvarez, Lillian Dawson, Elaine Arden and Danny Dare girls. Gross: $16,000. (Average, $22,000.) "JANE EYRE" (Monogram) PITT— (1,600), 15c-40c, 6 days. Stage: Olsen and Johnson unit, "Cavalcade of Fun." Gross: $7,200. (Average, $6,000. "BELLE OF THE NINETIES" (Para.) STANLEY— (3,600), 25c-50c, 6 days. Gross: $15,000. (Average, $9,000.) "A LOST LADY" (Warners) "DOWN TO THEIR LAST YACHT" (Radio) WARNER — (2,000), 25c-40c, 6 days. Gross: $5,550. (Average, $5,000.) Stanwyck Given Lead Hollywood, Oct. 18.— Barbara Stan- wyck, instead of Bette Davis, will have the feminine lead in Warners "North Shore." Tomorrow," Show, $9,100 High in K. C. Kansas City, Oct. 18.— The Hil- ton Sisters, known as "the Siamese twins," headlining a stage show, plus "There's Always Tomorrow" on the screen captured box-office honors at the Tower, sending the take to $9,- 100, above average by $2,100. The Midland's $9,700 on "Death on the Diamond," while high gross of the week, was below par. "A Girl of the Limberlost" was good for $3,- 900 at the Uptown. "Kansas City Princess" failed to excite the ex- pected stampede at the Newman. Total first run business was $38,- 700. Average is $37,500. Estimated takings : Week Ending Oct. 10: "KANSAS CITY PRINCESS" (Warners) NEWMAN— (1,800), 25c-40c, 7 days, plus three extra shows. Gross: $7,000. (Aver- age, $7,000.) Week Ending Oct. 11: "A LOST LADY" (F. N.) MAINSTREET— (3,100), 25c-35c-50c, 7 days, plus Saturday midnight show. Stage: "Passing Revue," with Russ Jones, Charlo Day, Alfredo & Dolores, Shayne & Armstrong, Novak & Faye, and others. Gross: $9,000. (Average for combination shows, $9,000.) "DEATH ON THE DIAMOND" (M-G-M) MIDLAND— (4,000), 25c-40c, 7 days, plus Saturday midnight show. Gross: $9,700. (Average, $11,000.) "THERE'S ALWAYS TOMORROW" (Univ.) TOWER— (2,200) , 25c-35c, 7 days, plus Saturday midnight show. Stage: ''Seeing Double," with Hilton Sisters, Harris Twins & Loiettu. Bee and Ray Goman, Tel anu erage, $7,000.) "A GIRL OF THE LIMBERLOST" (Monogram) Gross: $3,900. (Average, $3,500.) UPTOWN— (2,000), 25c-40c, 7 days. Art Miller, and others. Gross: $9,100. (Av- Hiliodro Garcia in Town Hiliodro Garcia, operating the Na- tional, Neptuno and Fausto theatres in Havana, is in New York for a short visit. He plans to return in about 10 days. He's stopping at the Taft. Cleveland Spot to Open Cleveland, Oct. 18. — The Hough- 79th St. Theatre, recently purchased by Henry Smith and Sam Green- berger, is scheduled to open Nov. 1. 'Outcast9' Is Detroit High With a Show Detroit, Oct. 18. — Business dropped off after the World's Series excite- ment, with "Outcast Lady" standing out as the big attraction of the week at the Michigan. Helped by a stage show headed by Ina May Hutton, the film put the gross over par by $3,800 for a total of $23,800. "Gift of Gab," also aided by a stage show, showed strength at the Fox, getting $16,300. "Judge Priest" took a good $5,200 at the Adams after a big week at the Fox. Total first run business was $67,- 000. Average is $75,000. Estimated takings for the week ending Oct. 11 : "JUDGE PRIEST" (Fox) ADAMS — (1,770), 10c-25c-40c, 7 days. Gross: $5,200. (Average, $5,000.) "BIG HEARTED HERBERT" (Warners) BROADWAY-CAPITOL— (3,449), 15c- 40c, 7 days. Gross: $2,400. (Average, $10 000 ) ' SCARLET EMPRESS" (Para.) "THE HIDEOUT" (M-G-M) (Second Run) FISHER— (2,9/5), 10c-25c-3Sc, 7 days. Gross: $4,700. (Average, $10,000.) "GIFT OF GAB" (Univ.) FOX— (5,100), 15c-65c, including tax, 7 days. Stage: 7 acts of vaudeville, headed by Arren & Broderick. Gross: $16,300. (Average, $15,000.) "OUTCAST LADY" (M-G-M) MICHIGAN— (4,100), 15c-65c, including tax, 7 days. Stage: Ina Ray Hutton and her Melodears (All Girl Revue). Gross: $23,800. (Average, $20,000.) "SCARLET EMPRESS" (Para.) "THE HIDEOUT" (M-G-M) (Second Run) ^LATFra000)' i0c-35c- 7 day*- Gross: $4,100. (Average, $5,000.) "LAST GENTLEMAN" (U. A.) UNITED ARTISTS-(2,070). 25c-50c, 7 days. Gross: $10,500. (Average, $10,000.) ii Gentleman" Leads Buffalo, $16,700 Buffalo, Oct. 18.— Fair and cool weather helped grosses last week, with "The Last Gentleman" at the Buffalo going to $16,700, over normal bv $3,400- y "The Barretts of Wimpole Street" was so strong at $9,300 in the Hippo- drome that it was held over "One More River" and "Affairs of a Gen- tleman" took a par $6,500 at the Laf- ayette. Total first run business was $46,700 Average is $44,800. Estimated takings for the week end- ing Oct. 12: "™E LAST GENTLEMAN" (U. A) BUFFALO-(3,000), 30c-55c, 7 days Mage: Hal Sherman, with Inez King; Stone r Vern£'i;jyilllam Ha"; Charles Carrer. Gross: $16,700. (Average, $14,300) „„ "BORN TO BE BAD" (U. A.) "HAT, COAT AND GLOVE" (Radio* ^mNTyRY-(3'^>' 25c 7 days(Grat: $6,800. (Average, $6,000) "SERVANTS' ENTRANCE" (Fox) GREAT LAKES-(3,000), 2Sc-40c 7 days Gross: $7,400. (Average, $10,000) THE BARRETTS OF WIMPOLE STREET" (M-G-M) HIPPODROME-(2,100), 25c-40c 7 davs Gross: $9,300. (Average, $8,000) * ... MORE RIVER" (Univ.) AFFAIRS OF A GENTLEMAN" (Univ t LAFA YETTE-(3,300), 25c, TdVvs. Gross $6,500. (Average, $6,500) v«u=>s. Radio Signs O'Flaherty Hollywood, Oct. 18.— Radio has bought the Lian O'Flaherty original the Informer," and has signed the author to do the script. A GIRL OF THE LIMBERLOSl ABOVE NORMAL wires H. E. ULRICh WATSON THEATRE SALINA, KANSAS AND EVERYWHERE THE REPORTS ARE THE SAME .IBS1 us**0 VIS »0* . on* °? in**1 WESTERN UNION ma oou>e». «o»o<~» "n™*3 C°"P" _ COMPETITION KE.3P.PB1. HEVE S ADre„„,« S00»D STOP » CBWT - - - »« — "TV.-™ Sheffield »o»«p*« wo*** TUI (,.,.M. ■ S ffERN , ^ „»«.. — «««» - ' „ OTBE» TOWS1 "TRULY PHENOMENAL BUSINESS STATE THEATRE RICHMOND, VA." SAM FLAX, LIBERTY EXCHANGE, WASHINGTON, D. C. BgBBAll Hire" Vlc7 m OVER 7,000,000 READERS OF THIS GENE STRATT0N - PORTER N0VI CUT YOURSELF IN ON THESE PROFITS — BOOK IT NOW with LOUISE DRESSER • MARIAN MARSH • RALPH MORGAN Directed by CHRISTY CABANNE • Produced by W. T. LACKEY • Adapted by ADELE COMANDINI The Leading Daily Newspaper* of the | M Motion Picture Industry MOTION PICTURE DAILY Alert, Intelligent ••'V:.-: and Faithful Service to' the Industry in All Branches rOL. 36. NO. 94 NEW YORK, SATURDAY, OCTOBER 20, 1934 TEN CENTS RKO Secures An Extension On 6% Notes Consolidated to Receive 60% of Print Work An agreement between RKO and Consolidated Film Industries extend- ng the maturities on the secured six ►er cent gold notes of RKO outstand- )g in the amount of $1,500,000 from an. 1, next, to May 1, 1938, was filed lesterday in U. S. District Court here. Under the original agreement with liemical Bank & Trust Co. and Com- nercial Investment Trust, RKO was o meet maturities in the amount of -500,000 on the first of each month iuring the five months ending Jan. , 1935. The new agreement, for vhich the approval of the court is (Continued on page 3) Say New Gulf Body Is Being Discussed Xew Orleans, Oct. 19. — Invitations ssued to Louisiana theatre owners to neet with Mississippi owners at the atters' state convention in Jackson )ct. 28-29 have started a rumor that tie Gulf States Theatre Owners' [ss'ri is to be scrapped for a new rganization with the ultimate pur- pose of affiliating with the M.P.T. 3.A. Independents are reported to be op- posed to the plan. There are also reports that the next iational convention of the M.P.T .O. A. vill be held here for the purpose of urthering the plan. Allied Production Plans Are Dormant Allied's production plans are in a tate of suspended animation, Sidney iamuelson, president, stated yester- lay. Several deals have been under vay from time to time, but for the >resent nothing is being done. Samuelson said that the national or- ganization's attention is now being ocussed on Washington, what with lections three weeks off. Although (Continued on page 3) Actor Pact Turned Down by Producers Hollywood, Oct. 19. — The proposed tctor-producer code of fair practice vas flatly rejected as a whole by the )roducing group at a meeting of the ive-five committee last night, called roi a showdown on the matter. As a (Continued on page 4) Skouras Heads East to Speed Setup of FWC Accompanied by Buckley, Zabin — Due Monday Los Angeles, Oct. 19. — Prior to de- parture of Charles Skouras, Charles Buckley and Edward Zabin for New York last night, it became known that trustees of Fox West Coast appropri- ated $150,000 to pay off all local claims that do not exceed $30,000 in- dividually. This means that all small creditors will be paid 100 cents on the dollar between now and Oct. 30. There are five claims that exceed $30,000. It is understood that Fox West Coast will be sold and removed from bankruptcy within the next six weeks (Continued on page 4) Johnston to Tour; Says Sales Up 41% W. Ray Johnston, Monogram presi- dent, starts another tour of Mono- gram exchanges today. He will visit all the exchanges he missed on his August trip. "Monogram sales are running 41 per cent ahead of last year," he de- clares, "and it is probable that after a conference with Trem Carr, pro- duction head, budgets may be raised again." Curb College Boys Toronto, Oct. 19. — A way has been found to curb the student nuisance. When sev- eral hundred University of Toronto students raided Shea's Theatre in celebration of a football victory, Mana- ger Jerry Shea called the po- lice who lined up the col- legians and compelled them to hand over their college registration cards before they left the theatre. Noti- fication was then sent to the university that the cards could be redeemed on pay- ment of the regular admis- sion fee. The rah-rah boys had to have their cards and the "fines" worked. Normanly Sees Business Jump For New Year Chicago, Oct. 19.— James P. Nor- manly, assistant to Dr. A. H. Giannini, looks for the industry chart to take a sharp upturn about the first of the year as a result of the impetus of better production and the favorable reaction from the Paramount and Fox West Coast reorganizations. Normanly passed through here to- day on his way to New York to at- (Continited on page 4) They Grip The Fox Movietone News clips of the double assassination in Mar- seilles of King Alexan- der of Yugoslavia and of Foreign Minister Barthou of France are fascinating in the in- tenseness of their drama. It is probable the scenes of the slaying will rest in the political archives of the future as an important piece of visual history as well. They pack a genuine wallop. KANN They Awe Hearst Metrotone clips of King Alexan- der's death are awe- some. The King has a puzzled, enigmatic smile as he turns from side to side, saluting slowly, as his car advances. Shots sound. There is a glimpse of a cavalry- man's sabre as it de- scends on the assassin's head, and the King, still smiling faintly, sinks down with open, staring eyes. Gruesome, but fascin- ating; power, impo- tence— seconds apart! JERAULD Dicker On to Cut Richards' Saenger Stock Purpose Is to Increase Paramounfs Share Negotiations aimed at a reduction of E: V. Richards' interest in the new Saenger Theatres Co. are under way between the Paramount Publix trus- tees and Richards, it was learned yes- terday and consummation of the Saen- ger plan of reorganization is being held in abeyance pending the outcome of the negotiations. The current confabs are understood to be due to a belief held by the trus- tees, that the original plan of reorgan- ization for Saenger provides for too favorable a participation by Richards in the operating management of the new company and that a revision of the terms involving Richards' future (Continued on page 3) Stay Asked on Use Of Majestic Name Appointment of a receiver for Ma- jestic Pictures Corp. and an injunc- tion restraining a new subsidiary known as Majestic Producing Corp. from using the name or assets of Ma- jestic is asked in a suit which has been filed in state supreme court here by Majestic Pictures of Pennsylvania, of which Anthony Lucchese is presi- dent, it was learned yesterday. The bill of complaint alleges that Majestic o/ Pennsylvania spent "more (Continued on page 3) Recorded Music to Be Covered in Spain Washington, Oct. 19. — Extension of the copyright agreement between the United States and Spain to cover compositions for mechanical reproduc- tion, and, by inference, music scores on sound films, was made public to- day by the State Department. A proclamation covering the matter was issued by the President Oct. 10. Reciprocal copyright relations were established with Spain in April, 1910, but did not include phonograph rec- ords and similar protection. Assert Long Island Combine to Continue Despite action of local exchanges in stopping spot bookings to the Seider - Schwartz - Skouras pooling (Continued on page 3) MOTION PICTURE DAILY Saturday, October 20, 1934 MOTION PICTURE DAILY (Registered U. S. Patent Office) Vol. 36 October 20, 1934 No. 94 Maetin Quigley Editor-in-Chief and Publisher MAURICE KANN Editor JAMES A. CRON Advertising Manager Published daily except Sunday and holi- days by Motion Picture Daily, Inc., sub- sidiary of Quigley Publications, Inc., Martin Quigley, President; Colvin Brown, Vice-President and Treasurer. Publication Office: 1790 Broadway, New York. Telephone Circle 7-3100. Cable ad- dress "Quigpubco, New York." All con- tents copyrighted 1934 by Motion Picture Daily, Inc. Address all correspondence to the New York Office. Other Quigley pub- lications: MOTION PICTURE HERALD BETTER THEATRES. THE MOTION PICTURE ALMANAC and THE CHI- CAGOAN. • Hollywood Bureau: Postal Union Life Building, Vine and Yucca Streets, Victor M. Shapiro, Manager; Chicago Bureau: 407 South Dearborn Street, Edwin S. Clif- ford, Manager; London Bureau: Remo House, 310 Regent St., London, W. 1, Bruce Allan, Representative. Cable address: "Quigpubco, London"; Berlin Bureau: Berlin-Tempelhof, Kaiserin-Augustastrasse 28, Joachim K. Rutenberg, Representative; Paris Bureau: 19, Rue de la Cour-des- Noues, Pierre Autre, Representative; Rome Bureau: Viale Gorizia, Vittorio Malpassuti, Representative; Sydney Bureau: 102 Sus- sex Street, Cliff Holt, Representative; Mex- ico City Bureau: Apartado 269, James Lockhart, Representative; Glasgow Bureau: 86 Dundrennan Road, G. Holmes, Repre- sentative; Budapest Bureau: 3, Kaplar-u, Budapest, II, Endre Hevesi, Representa- tive; Moscow Bureau: Civtzev Vrazhek, N 25, Apart. 146, Moscow, U. S. S. R., Bella Kashin, Representative. Cable address: Samrod, Moscow. Entered as second class matter, January 4, 1926, at the Post Office at New York City, N. Y., under Act of March 3, 1879. Subscription rates per year; $6 in the Americas, except Canada $15 and foreign $12. Single copies: 10 cents. Goldwyn at Work on Several for Cantor Chicago, Oct. 19. — Samuel Gold- wyn has three or four vehicles under consideration for Eddie Cantor's next, said Fred Kohlmar, Goldwyn's pro- duction assistant, who passed through here today on his way to New York for preliminary conferences with Cantor. Plenty of talent is available, but the problem is where and how to use it. The cleanup campaign has had no serious effect on business, he said, but has resulted in better product. "Kid Millions" and Anna Sten's "We Live Again" were approved by Joseph I. Breen without cuts, he said. Capitol Cancels Cantor For the third time in as many weeks, the Capitol has cancelled head- line stage talent. Eddie Cantor and Dave Rubinoff, who were scheduled to play the house starting Oct. 26, have been cancelled with a possibility of a later booking. Ben Bernie, now at the state, was to have opened at the Capitol this week, to be followed by Burns and Allen, who are booked into Loew's in Jersey City. Many Film People Experiment in Film Sail on Aquitania Music Tested Here Schenck in England Southampton, Oct. 19. — Joseph M. Schenck arrived here today on the Majestic. His plans for marrying Merle Oberbn are still indefinite, he said. A formidable array of film people sailed on the Aquitania last night. They included : Mark Ostrer, chairman of the board of Gaumont British, and Mrs. Os- trer. Michael Balcon, production gener- alissimo for the company. He ex- pects to be back one of these days on his way to a two or three months' stay in Hollywood to see how it's done there. Jeffrey Bernerd, general manager of G-B, who has been working day and night to launch his company in this market. Probably he will re- turn, too, in a couple of months to check up on progress made. Nova Pilbeam, 14-year-old star of "Little Friend," now current at the Roxy. Mrs. Arnold Pilbeam, her mother. Sam Smith of British Lion Prod. Anna May Wong, who will make additional pictures in London. Jack Conn, vice-president of Col- umbia, who is on his way to an iri' spection of company distribution in England. He expects to be back in less than a month. Edward L. Klein, foreign buyer now resident in London, and Mrs. Klein. William M. L. Fiske, 3rd, vice- president of First Division. Jack Hulbert, G-B star. M. A. Schlesinger of General Talk- ing Pictures on a six-week business trip. Hoffman Ready for Start of New Group Production on "Sweepstakes An- nie," first of the four Liberty pictures added to the current program, will be started next week following return of M. H. Hoffman, president, to Hollywood. Hoffman leaves by plane tomorrow. One of the remaining three will be a musical, Hoffman stated yesterday. Clark to Coast Today John D. Clark, general sales man- ager of Fox, leaves for the coast by plane today. He will arrive in Holly- wood on Monday to confer on pro- duction plans and then, accompanied by Herman Wobber, will make a tour of the company's exchanges. The initial results of experiments being conducted by Mary E. Bute, Houston artist and student of music, to enable an audience to "see" as well as to hear music coming from the screen were submitted to a public test yesterday at the Palace Theatre by Radio, which is showing an inter- est in the young woman's work. Miss Bute said she planned a series along the lines of the strip_ of film shown yesterday for possible use in theatres which do not employ orches- tras. By visualizing musical composi- tions she believes it will be easier to hold an audience's interest in overture music emanating from the screen be- cause there is something to attract the eye at the same time. The strip of film shown at the Pal- ace yesterday was an interpretation in terms of light and camera effects of "Anitra's Dance" from Grieg's "Peer Gynt Suite." The picture, if it can be called that, running but three min- utes, was valuable in creating a mood and should prove a delight to those really versed in the mechanics of music. Of course, the commercial pos- sibilities are limited. Abeles to Warners Mexico City Branch Arthur Abeles, former exchange manager and exhibitor, is understood to have been appointed head of War- ners' branch in Mexico City. He is on the Siboney en route to Mexico. Officials at Warners would neither confirm nor deny the story yesterday. Felipe Mier, it was stated, is the com- pany's manager in Mexico and no offi- cial word of a change has been made. Spectrum's First Ready Hollywood, Oct. 19. — "Frontier Days," the first of a series of west- erns to be released by Spectrum Pic- tures, has been finished. The film, produced by Altmont Pictures under the supervision of Al Alt, is set for release Nov. 10. INS Promotes Rawles Los Angeles, Oct. 19. — Wallace Rawles, identified for several years with International News Service, has been appointed chief of the Pacific bureau handling film news up and down the coast. Universal Up One on Big Board High Low Close Columbia Pictures, vtc 3754 36% 37% Consolidated Film Industries 354 3%. 354 Consolidated Film Industries, pfd 1554 15 15 Eastman Kodak 104 104 104 Fox Film "A" 13% 12% 13% Loew's, Inc 30% 30% 30% Paramount Publix 4% 4% 4% Pathe Exchange 154 154 154 RKO 2% 2% 2% Universal Pictures, pfd ., 30 29% 2954 Warner Bros 4% 4% 4% Net Change + 54 — % - Vz + +1 Technicolor Off Half on Curb High Low Technicolor 13% 13 Trans Lux 2 2 Net Close Change 13 — 54 2 + % Para. Publix Bonds Drop Half High Low Close General Theatre Equipment 6s '40 7 General Theatre Equipment 6s '40, ctf 654 654 654 Loew's 6s '41. ww deb rights 102% 10254 102'/, Paramount Broadway 554s '51 4354 4254 4354 Paramount F. L. 6s '47 59 5844 5854 Paramount Publix 554s '50 5854 5854 5854 Warner Bros. 6s '39, wd 60 5954 60 Net Change Sales 600 200 1.000 300 600 5.800 7.900 400 200 2.000 1.000 Sales 800 TOO Sales < Purely Personal ► BERTHOLD VIERTEL, Gaumom British director, will be host to a group of friends at tomorrow night' s showing of his latest work, "Line Friend," at the Roxy. Anne Johnston and Anne Kas- per, winners of the Monogram "Chance for Hollywood" contest, left yesterday on the 20th Century for the coast. Stephen E. Fitzgibbon, director of the Paramount Joinville studio-i near Paris, and Mrs. Fitzgibbon, ar- rive today on the lie de France. Curtis Nagel has returned from the Antipodes with material for the Walter Futter 'Travelaughs" re- leased by Columbia. Spyros Skouras, daring disloyalty to the St. Moritz, by stopping to talk to a friend in front of the Plaza yes- terday afternoon. Howaru S. Cullman was a din- ner guest of the Gaumont British executives prior to their sailing last night. Danny Thomas, coast representa- tive of the N.E.A., is in New York on a vacation. Saul E. Rogers leaves Nov. 1 or. his annual up-state venison hunt. + 54 - 54 - 54. Court Upholds Ban On Scalper Tickets The right of a theatre to refuse ad- mission to holders of tickets pur- chased from a speculator was upheld in a decision handed down here yes- terday by Supreme Court Justice Al- bert Cohn. The decision came with Justice Cohn's refusal of an application for an injunction to restrain the Martir Beck Theatre to refuse admission tc holders of tickets purchased frorr Harry Cohen, ticket broker. Sonotone Convention Opens Here Monday Sonotone Corp., manufacturer 0' equipment for the hard of hearing will open its second annual sales con vention on Monday at the Park Cen- tral here. The meeting will clost- Wednesday. The company reports that sales foi the first eight months of the curren year amounted to $881,369, as agains $394,292 for the similar period o 1933. Lubitsch Not to Sign Ye\ Ernst Lubitsch will not sign tb contract to make two pictures fo: Toeplitz Prod, in England until h'. arrives back in Hollywood after three-week vacation here, he statei yesterday. Lubitsch, who leaves fo the coast next week, says the con tracts are in Hollywood now, havinj been sent directly there from England Lesser Party in Paris Paris, Oct. 19. — Sol Lesser, Eddi Cline and George O'Brien are her for a short visit and then go to Ital shortly to sail on the Rex o Oct. 30. iaturday, October 20, 1934 MOTION PICTURE DAILY Dicker On to Cut Richards' Saenger Stock (Continued from page 1) merest is desirable from the Para- mount viewpoint The original Saenger plan, virtu- ally agreed upon at one time, pro- ided tor a purchase by Richards from Paramount of all of the Class A stock of the new Saenger company for >_'5,000. This would constitute a 50 kt cent interest in the new com- jany. Paramount would retain all of :he Class B stock. It is understood .hat the current discussions center on this phase of the plan, with Para- mount favoring a smaller stock par- ticipation by Richards, orr possibly, a larger voting stock representation lor Paramount through a different ap- portionment of the new stock issues hetween the two principals. Paramount owns all of the old Saen- ger stock outstanding except 20 shares of Class B common. ington that the denial of trading priv- ileges in the Series A certificates of deposit of the Saenger Theatres, Inc., first mortgage and collateral sinking fund 6]/2S does not affect the right of the exchange to trade in the Series B certificates of deposit of Saenger The- atres, Inc., inasmuch as the latter cer- tificates of deposit were admitted to unlisted trading on August 17, 1933, whereas the Series A certificates of deposit were not admitted until subse- quent to March 1, 1934. The commis- sion recently ruled that curb trading was prohibited in issues listed alter March 1, 1934." Calls for Richards as Head The original Saenger plan also pro- vides that Richards will become pres- ident and general manager of the new- company and will receive $600 per week for himself and an assistant. Other phases of the plan involving Richards provide for payment to him by Paramount of a receiver's fee of $10,000 due him from Central Flor- ida Theatres, Inc., and a provision under which Richards agrees to pay half of the costs of the Saenger re- *' ■ rganization. Paramount agrees to advance $200,000 to the Saenger bond committees for reorganization costs, and an additional $200,000 for work- ing funds for the new company, if needed. Under the proposed plan Paramount also assigns its own claims against Saenger, aggregating $865,861, and other claims bought by it recently, to the new Saenger company with- out warranty of any kind. All of these phases may eventually be re- vised in some particulars before the current discussions with Richards are concluded. The original SaengeF reorganiza- tion plan was completed last June and filed for court approval here a few • lays prior to the enactment by Con- gress of Section 77-B of the bank- ruptcy laws, the new provision per- taining to corporate reorganizations. Both Paramount and Saenger later applied for and were granted a debtor status under the new law, so hearings on the Saenger reorganization plan were deferred pending the adaptation of the plan to the new bankruptcy -tatus of both companies, thus leaving The plan in its present tentative state. Para. Hot Springs Confab Oct. 26-28 Paramount district managers and home office executives will gather at the Homestead Hotel, Hot Springs, Va., Oct. 26-28 for a three-day con- ference. The New- York delega- tion will leave Thursday and will be back the following Monday. The following district managers are scheduled to attend : M. S. Kusell, P. A. Bloch, .Harry Goldstein, Wil- liam Erbb, Oscar Morgan, Jack Dug- ger, J. E. Fontaine, R. C. Libeau, Hugh Braly, M. H. Lewis and B. Blotcky, and M. A. Milligan of the Canadian sales department. Expected from the home office are : George J. Schaefer, general manager; Neil Agnew, sales manager ; Division Managers J. J. Unger and Charles Reagan; R. M. Gillham, director of publicity and advertising; Don Velde, Alec Moss, Herman Lorber,. Arthur Dunne, Knox Haddow, Fred Leroy, Jack Roper and G. B. J. Frawley. Wimpole" Holds Up In Its Third Week "The Barretts of Wimpole Street'' held up remarkably well in its third week at the Capitol, chalking up a gross of $43,700 for this period and making a total of $155,560 for the 21- day run. For the first week, the take was $65,860, and for the second the gross was $46,000. It is now in its fourth stanza. At the Astor "The Merry W idow" garnered $18,958 for the first seven days at two-a-day. For the first three days the gross was $12,364. The first week of "Now and Forever" at the Paramount ended with a total of $43,- 000, which is good. "Judge Priest" at the Music Hall tallied S77.000, fair. "Chu Chin Chow" did not fare so well at the Palace with S10.000. The Rivoli take for the third week of "Count of Monte Cristo" was $18,000, while the second week of "Peck's Bad Boy" at the Roxy was 825,850, a nice profit for that house. Stay Asked on Use Of Majestic Name {Continued from page 1) than $100,000" building up and adver- tising a distribution organization. It charges that Herman Gluckman, as president of Majestic Pictures, caused Majestic Prod. Corp. to be formed for the purpose of reaping the bene- fits, good will and utility of the Penn- sylvania company. It also charges that the use of the name "Majestic" by the new company is illegal and without the consent of all stockhold- ers. Lucchese is represented by Frank Fogel, Philadelphia attorney, and Ot- terbourg, Steindler & Houston of this city are associate counsel. A general denial is made in the answer just filed by Majestic Pictures Corp., which also points out that the complainant has not demanded that the defendant's board of directors take action on the relief sought. Gluckman could not be reached yes- terday for comment on the suit. Assert Long Island Combine to Continue (Continued from page 1) combine in Long Island, the three-cir- cuit pooling deal will continue, it was stated by one of the circuit members yesterday. "The move to pool the theatres in Long Island was not to cut down rentals." it was said, "but to eliminate excessive protection and a general price war." The arrangement is for the benefit of all. including exchanges, the offi- cial asserted. Trading Allowed in Saenger's Series B New Orleans. Oct. 19. — There is no prohibition against trading in Series B certificates of deposit of Saenger Theatres. Inc., according to word received by the Xew Orleans Stock Exchange from Washington. The statement issued by the exchange follows : "The Xew Orleans Stock Exchange received information from the Securi- ties Exchange Commission at Wash- Allied Production Plans Are Dormant (Continued from page 1) he doesn't hesitate to say that Con- gressional action on block-booking, the increased music tax and the code is being sought, Samuelson declares that the procedure is being held secret. "We are not telegraphing our blows before they are delivered," he says. "We've had our lesson from shooting our mouths off prematurely." Hit Music Tax Deal Philadelphia, Oct. 19. — The Ameri- can Society of Composers, Authors & Publishers is "not entitled to increase its rates at all at this time," the In- dependent Exhibitors Protective Ass'n of this city, declares in its cur- rent bulletin in which dissatisfaction is expressed over the terms of the recent compromise on music tax increases arrived at between A.S.C.A.P. and the Exhibitors' Emergency Committee. RKO Secures An Extension On 6% Notes Leo Bulgakov in Town Leo Bulgakov, Walter Connolly and Fay Wray arrived from Hollywood yesterday. Bulgakov recently com- pleted "White Lies" for Columbia and is here to stage "Night Remembers" in conjunction with Leslie J. Spiller. Spiller and Bulgakov produced and directed the stage version of "One Sunday Afternoon." "Choice" to Music Hall "Lady by Choice" is slated to go into the Music Hall sometime next month. No date has been set on the Columbia film. Glucksman Sails Oct. 27 Jacob Glucksman sails Oct. 27 for Argentina, Brazil, Chile and Europe. He will be gone about three months on business. Trans-Lux Opens Oct. 25 The newest link in the Trans-Lux circuit of theatres, located at 561 Ful- ton. St.. Brooklyn, opens Thursday- night. The house seats 500. (Continued from page 1) sought, calls for payment of maturi- ties in the amount of $25,000, plus interest, on the first of each month beginning Sept. 1, 1934, up to and in- cluding Feb. 1, 1937, and $50,000 on the first of each month beginning March 1, 1937, and ending May 1, 1938. Thus RKO obtains a 45-month per- iod instead of the original five-month term in which to retire the $1,500,- 000 obligation. RKO may, at its con- venience, accelerate the payments by increasing the amounts at its own dis- cretion. Regarded as a consideration in the agreement, although not made a part of it, is a two-year deal between Con- solidated and RKO under which Con- solidated obtains 60 per cent- of the RKO print work, the remaining 40 per cent being retained by Pathe. Consolidated held an option on the printing deal which it exercised in conjunction wdth the gold notes agree- ment. Hearing Set for Oct. 26 A court hearing on the agreement has been set for Oct. 26 before Fed- eral Judge William Bondy. If court approval is obtained at that time, the agreement provides that RKO shall pay to Consolidated the past due pay- ments for Sept. 1 and Oct. 1, last, within five days after the approval is given and, with the Nov. 1 maturity which would then be due, the pay- ments would aggregate $75,000, plus interest. No court opposition to the agree- ment is anticipated as the arrange- ment is regarded as highly satisfac- tory to RKO and creditors of the company. The $1,500,000 of gold notes outstanding, secured by virtually all of RKO's investments in its going subsidiaries, are regarded as the com- pany's most vital and immediate finan- cial obligation. The generous exten- sion of the maturities is believed to relieve RKO of its most urgent finan- cial problem. The transaction was ne- gotiated by A. H- McCausland, Irving Trust reepresentative in RKO, and H. J. Yates, Jr., of Consolidated. Among the securities pledged by RKO as collateral on the $1,500,000 gold notes, is a large amount of voting stock in RKO and subsidiary compa- nies, held by Chemical Bank as trus- tee. This stock may be voted by Con- solidated under certain contingencies. Consolidated acquired the notes by purchase from Chemical and C. I. T. some time ago. They were then out- standing in the amount of $1,825,000, but a first payment of $25,000 and a second of $300,000 of principal amount was made by RKO to Con- solidated prior to the opening of the negotiations which resulted in the present agreement. Two Rewarded by Radio Hollywood, Oct. 19. — Anne Shir- ley has been given a new contract by Radio, while Betty Grable has been signed to a termer by the studio. Half Radio Shorts Done Hollywood, Oct. 19. — Radio's shorts program for 1934-35 is more than 50 per cent completed, it is reported by Lee Marcus, short sub- ject production head. The list con- tains eight series. 4 MOTION PICTURE DAILY Saturday. October 20, 193 Normanly Sees Business Jump For New Year (Continued from page 1) tend the convention of the American Bankers' Ass'n. as a representative of the Bank of Italy. Normanly said a tremendous amount of theatre reconditioning equipment replacements will follow reorganiza- tion of Paramount and F.W.C. This has been neglected, he said, because circuit operators have hesitated to in- cur heavy expenditures while they have been in receivership. Industry conditions are generally favorable, he said, because of improved grosses which reflect the production of box-office pictures. The general industry map is bright, he declared, with the exception of a few areas suf- fering from local setbacks, due to drought or other factors. His bank's experience with film financing during the past year has been entirely satisfactory, he said. The Legion of Decency campaign has been a factor in bringing about a better quality of product, Normanly declared. This applies to all com- panies, with the exception of a few independents. Normanly looks for the Federal housing program to stimulate condi- tions generally. Higher commodity prices around the first of the year will be a stimulating factor, in his opinion. The only uncertainty, he said, is in- flation which is only a possibility now, but may be launched if the Ad- ministration considers an emergency requires it. Fears over the election of Upton Sinclair as governor of California are groundless, he said, because in the last two weeks popular sentiment has veered away from him to the conser- vatives. He scoffed at the reports studios would quit California if Sin- clair were elected. After the bankers' convention in New York, Normanly will spend 10 days conferring with industry heads, and then visit Detroit and Chicago. Loew Refuses Deal On Bronx Clearance Efforts to settle amicably the clear- ance situation affecting Trio-Consoli- dated's Forum and Fleetwood and Loew's victory in the Bronx have failed, with Loew's refusing to reduce the existing protection on the inde- pendent circuit's two houses. The case has caused much comment in local quarters with Campi itself stumped on making a decision. At the last Code Authority session Di- vision Administrator Sol A. Rosen- blatt stepped into the breach and or- dered the case decided one way or another. J. Robert Rubin, alternate for Nicholas M. Schenck. asked for another delay on the ground that sev- eral Loew men were going to make a personal survey of the situation. Ros- enblatt agreed and the case was held until next Friday's session. After the Loew party investigated the clearance situation, the circuit then told Trio-Consolidated it would not do anything about the matter. Rosenblatt will insist that the case be determined on Oct. 25. Actor Pact Turned Down by Producers (Continued from page 1) result, the proposals advanced by both sides are being forwarded to Division Administrator Sol A. Rosenblatt for final decision. In the meantime, officials of the Screen Actors' Guild are planning to present to members a resolution ask- ing the American Federation of Labor for a separate charter for their or- ganization. Since Actors Equity holds a charter covering the entire amuse- ment field, it is argued it might be compulsory for the Guild to become affiliated with Equity, with autonomy granted screen acting. The matter has not yet been placed before Cantor, head of the Guild. Kenneth Thomson, vice-president, has announced that, regardless of Rosen- blatt's decision, the Guild will con- tinue its efforts to obtain an A. F. of L. charter. Board to Meet Again On Shusterman Film Failing to get together on the prod- uct to be allocated Aaron Shusterman of Red Bank and Perth Amboy, X. J., as a result of an overbying de- cision in his favor against Walter Reade, members of the New York grievance board yesterday adjourned uutil this morning to designate the pictures. _ Action by the board marks the first time it will sit on a Saturday and open the local board offices for a meeting. Reade intends to appeal the decision as soon as the product is designated. Detroit Clearance Hearing Up 9 Hours Record for longest single hearing on a clearance and zoning appeal goes to the Detroit schedule. Starting at 2 :30 o'clock on Thursday, a commit- tee comprised of Edward Golden, chairman; Gradwell Sears and Julius Charnow heard exhibitors and dis- tributors discuss the various provi- sions of the 18-page plan until mid- night. The Los Angeles schedule holds the record for the number of days given to a single schedule. The hearings on this plan lasted three days. More Are Named to G-B Selling Force More additions to the Gaumont British sales force were made public yesterday by George W. Weeks, gen- eral sales manager of the company. The appointments are as follows : George Davidson, salesman, De- troit ; Russell Borg and Joseph F. Woodward, salesmen, Kansas City ; Fred E. Wagoner, sales manager, In- dianapolis ; Walter Wessling, sales manager, Portland, Ore. ; J. M. Har- ris, salesman, and Russell G. Mor- tensen, booker, St. Louis ; Eli Gins- berg, salesman, and Joseph Toner, booker, Philadelphia. Flash Preview Elinor Norton — . . . has much un- necessary footage contributing little to a plot already weak and leaving this one tepid as entertainment. This film will be reviewed in full in a later issue of Motion Picture Daily. "Mrs. Wiggs" Denver Smash With $7,000 Denver, Oct. 19.— "Mrs. Wiggs of the Cabbage Patch" nearly ran away with the bulk of the first run busi- ness here last week. The $7,000 take at the Denham was $3,000 over par. "Barretts of Wimpole Street" was the only other first run to get into the real money. It garnered a strong $3,500 at the Paramount. Total first run business was $24,250. Average is $20,500. Estimated takings for the week end- ing Oct. 18: "ROMANCE IN THE RAIN" (Univ.) ALADDIN — (1.500), 25c-35c-50c, 6 days. Gross: $1,750. (Average, $2,500.) "MRS. WIGGS OF THE CABBAGE PATCH" (Para.) DENHAM — (1,500), 25c-35c-50c, 7 days. Gross: $7,000. (Average, $4,000.) "MADAME DU BARRY" (Wamers) DENVER— (2,500), 25c-35c-50c, 7 days. Gross: $6,000. (Average, $6,000.) "SIX-DAY BIKE RIDER" (F. N.) ORPHEUM— (2,600). 25c-35c-50c, 7 davs. Gross: $6,000. (Average, $6,000.) "BARRETTS OF WIMPOLE STREET' (M-G-M) (Second Run) PARAMOUNT— (2.000), 25c-40c. 7 days. Gross: $3,500. (Average, $2,000.) Skouras Heads East To Speed FWC Setup (Continued from page 1) if details can be worked out in New York. Charles Skouras, Charles Buckley and Edward Zabin do not arrive in New York until Monday. They are stopping at several key points en route, probably Denver, Kansas City and Milwaukee to visit operating heads of F.W.C. subsidiaries and confer on re- organization plans which affect these companies. Reports have been current for the last few weeks that F.W.C. and its subsidiaries would be reorganized by the end of November with each of the present operating heads to continue as presidents of newly formed companies, to be controlled by a holding company, of which S. R. Kent will be president. Spyros Skouras, it is said, will con- tinue as operating head of all F.W.C. subsidiaries. Reorganization conferences with Chase Bank officials and Hughes, Schurman & Dwight will be held by Charles Skouras and Buckley, upon their arrival from the coast. Skouras was here several months ago on the plan, but returned west with minor details to be worked out. Kent gets back Monday from the south where he has been vacationing. He also will take part in the reorgani- zation talks, it is said. Depinet Back Monday Ned E. Depinet is due back at his desk Monday morning following a week of conferences with RKO Radio executives at the studio. Depinet is making the return trip by plane. Powers Is Stumping William T. Powers, F. W. C. attor- ney, running for attorney-general of New York state, is on a stumping tour upstate. "Cristo" Goes To Fifth Week In Pittsburgh Pittsburgh, Oct. 19. — There was a1 marked fluctuation in grosses here last week, with profits ranging as high as $2,500 and losses hitting as much as $10,000, the latter in the case of tto; Penn. The biggest thing in town continue^ to be "The Count of Monte Cristo'' at the Fulton, where a gross of $6,- 800 was chalked up in the picture's fourth week. This take gave the film a fifth week, establishing an all-time record run for this house, and there remains the possibility that it will go even beyond five weeks. In a month, the picture has played to more thai: 98,000 persons and has grossed al- most $30,000. At the Warner, "The Age of Inno- cence" and "Kansas City Princess" gave the house its best gross in more than a year, the combination geeting $7,500 while "Now and Forever" sent the Stanley up $1,500 above par at $10,500. The Pitt, with "Girl in Dan- ger" and the "Harlem on Parade" unit, was the only house with a stage show to turn a profit, doing around $6,200. Total grosses in six first run houses were $51,250. Average is $56,- 500. Estimated takings for the week end- ing Oct. 18: "NOTORIOUS SOPHIE LANG" (Para.) ALVIN— (2,000), 25c-40c, 6 days. Stage: Johnny Perkins, Al Gordon's Dogs, Diane and Del Campo, Carl Freed's Harmonica Harlequins and Alvin Streamlinettes. Gross: $8,250. (Average, $10,000.) "COUNT OF MONTE CRISTO" (U. A.) FULTON— (1,750). 15c-40c, 6 days. 4th week. Gross: $6,800. (Average. $4,500.) "OUTCAST LADY" (M-G-M) PENN— (3,300), 25c-75c, 6 days. Stage: Fokine Ballet and Grace Hayes. Gross: $12,000. (Average, $22,000.) "GIRL IN DANGER" (Col.) PITT— (1,600), 15c-40c, 6 days. Stage: "Harlem on Parade" with Buck and Bubbles and Ada Brown. Gross: $6,200. (Average, $6,000.) "NOW AND FOREVER" (Para.) STANLEY— (3,600), 25c-50c, 6 davs. Gross: SJ0.500. (Average. $9,000.) "AGE OF INNOCENCE" (Radio) "KANSAS CITY PRINCESS" (Warners) WARNER — (2,000). 25c-40c, 6 davs. Gross: $7,500. (Average, $5,000.) Three New Delivery Units Join National Three new film delivery units have joined the National Film Carrier? Ass'n., Inc., James Clarke, president, stated yesterday. They are North- west Film Delivery Service of Se- attle, Amsler and Waltz of Colum- bus and Theatre Transport Co. of Toledo. The additions make a new total of 30. Clarke left for Philadelphia after a one-day trip here. Irvin Cobb to Tour In Sinclair Fight Hollywood, Oct. 19. — After mak- ing a sensational radio speech against Upton Sinclair, Irvin Cobb has secured a 10-day leave from his M-G-M writing contract to stump for Governor Merriam up and down the coast. In the meantime producers, dis- tributors and exhibitors are putting up a united front against Sinclair. The Leading Daily Newspapers ^ Hi Jf of the Motion Picture Industry MOTION PICTURE DAILY Alert, Intelligent and ' -':S Faith fut| J Service to' the Industry in All Branches VOL. 36. NO. 95 NEW YORK, MONDAY, OCTOBER 22, 1934 TEN CENTS Fox Brooklyn Suit Ups List To 13 on File Warners, Vitaphone Are Among Defendants A flank attack in the patent war has been instituted by William Fox in Federal Court in Brooklyn, it was dis- covered Saturday. Another double printing infringement suit asking an injunction and an accounting is on file there against Warners and Vita- phone. This brings the total of suits to 13 in the fight of American Tri-Ergon, controlled by Fox, to force recogni- tion from and payment of royalties by all American users of his double printing and flywheel patents. All the suits so far are on the double printing patent. The defendants are: Amer- Anglo Corp., Columbia, Consolidated Film Industries, First Division. M-G-M and M-G-M Distributing (Continued on page 15) Industry Surveys Fight on Sinclair Los Angeles, Oct. 21. — First results of the industry's state-wide campaign via the screen against the election of Upton Sinclair are beginning to be counted here, although in operation but a week. With the production colony itself now thoroughly aroused, other indus- tries are joining in the fight to defeat Sinclair, believing the work is essen- tial for the best interests of the state. Sinclair's intimation two weeks ago at San Francisco that, if elected, the state would engage in production as well as exhibition, is credited with having aroused Hollywood to a point (Continued on page 6) Erpi Seen Bucking Fox By "Hill-Dale" Sound Theatres Sidetrack Texas Tax Proposal Dallas, Oct. 21. — Proposals to tax theatres 10 per cent for the purpose of raising an $8,000,000 fund for the Texas centennial in 1936 seem to have been sidetracked through a swift move by the Theatre Owners' Protective Ass'n. The association decided to circulate petitions among patrons and run trail ers on the screens. Later its members contacted a committee of prominent Texans in charge of the celebration and worked out a trade whereby the committee agreed to drop the tax plan in return for trailer help from ex- hibitors. Move on Foot to Combine About 30 New York Indies A move is on foot by a number of local exhibitors to merge about 50 independent houses into one big cir- cuit. Under the plan, a new corpora- tion would be formed and each of the original operators and owners appor- tioned a certain percentage of stock for their interests. Although the plan is in the embryo stage, it was discussed at the last I. T. O. A. session when the Greater New York product situation was aired. No action was taken, since it was held that this was not an organization mat- ter, but a move on the part of numer- ous individuals in the unit. The idea behind the proposed mer- ger is to build up buying power for protection of the small exhibitor. Cer tain I. T. O. A. members already havi expressed approval of the plan anc (Continued on page 6) Start Talks Here on New Deal in FWC Preliminary conferences to complete reorganization plans for Fox West Coast will get under way today with arrival of Charles Skouras, trustee ; Charles Buckley, attorney, and Ed- ward Zabin. Over the week-end, Skouras and Buckley conferred with Elmer C. Rhoden, operating head of Fox Mid- west, during train switches in Kansas City. Rhoden had been in New York for about three weeks on product deals and left for his headquarters Friday and is due back Wednesday when the Kansas City and Denver clear- ance and zoning schedules are up for (Continued on page 6) Hayden, Stone Will Repeat Fox Met Bid Hayden, Stone & Co. will make a new bid for Fox Metropolitan Play- houses assets early this week, it was learned on Saturday. The first Hayden, Stone bid of $4,500,000, rejected by the Fox Met bondholders' committee a week ago. provided for a new financing program which is believed to have been un- satisfactory to the committee. The new draft of the bid will incorporate a stock issue, it is understood, but will avoid objections voiced by the committee to the earlier proposal. Code Advisory Boards' Fate Is Looming Near Whether or not the three local ad- visory committees are to be droppec will be discussed at a meeting of the main New York clearance and zoning committee on Thursday. Some mem bers of the main board feel that tin work of the lower boards is a waste of time in that litigants, after present- ing arguments, repeat testimony and charges at hearings before the mail, body. It is also held too much time is taken up by advisory boards in hear- ing complaints and some of the ex- change men on these committees are objecting to sitting. One or two have (Continued on page 6) World Chamber Asks Abolition of Quotas Paris, Oct. 21. — A resolution de- nouncing the quota system as "defeat- ing the normal requirements of inter- national trade by introducing an arbi- trary element of rigidity" was passed by unanimous vote here by the Coun- cil of the International Chamber of Commerce, made up of representatives Df 30 countries. The American dele- gation was headed by Thomas J. Wat- ion of New York, president of the International Business Machines Corp. and chairman of the American com- (Continued on page 6) Firm's Indicated Course Advanced in Statement By H. G. Knox That Erpi regards its "hill-and- dale" method of vertical cut disc re- cording as a valid and ready substi- tute for the Tri-Ergon double print patent and that producers have al- ready given Erpi definite indication ihat they are "seriously considering" .ts use "for all or part of their talk- ing picture" production, is made evi- dent in an official Erpi statement re- leased Saturday with the comment of H. G. Knox, Erpi vice-president in charge of engineering, on the new re- cording method. Industry observers interpret the Erpi statement as a definite indica- tion of the strategy to be pursued by the electric in its counter-orfensive in the William Fox patents engagement. The Knox statement not only makes the flat claim of "superior quality" for "hill-and-dale" sound recording over film recording, but also suggests that it may prove to be more economical than recording on film throughout. Knox's statement was couched in the form of comment on "the wide- spread praise of the unusual sound (Continued on page 15) Seals Given to 19 Films; 14 Shorts Hollywood, Oct. 21. — A total of 19 features, 14 shorts and episodes from two serials have received certificates of approval from the Production Code Administration during the period from Sept. 26 to and including Oct. 17. This makes a total of 168 features and 155 shorts passed by the administration since July 15. Columbia heads the list with four features and four shorts. Monogram received certificates for two features ; Liberty, one; Universal, two and one (Continued on page 17) Lee Now in Charge Of G-B in America With Mark Ostrer, chairman of the board, and Jeffrey Bernerd, general manager on the high seas bound for England, Arthur Lee is now in com- plete charge of Gaumont British in America. Ostrer plans to return shortly after (Continued on page 6) MOTION PICTURE DAILY Monday, October 22, 1934 MOTION PICTURE DAILY (Registered U. S. Patent Office) Vol. 36 October 22, 1934 No. 95 Martin Quigley Editor-in-Chief and Publisher MAURICE KANN Editor !-'•' i JAMES A. CRON Advertising Manager n Published daily except Sunday and holi- days by Motion Picture Daily, Inc., sub- sidiary of Quigley Publications, Inc., Martin Quigley, President; Colvin Brown, Vice-President and Treasurer. Publication Office: 1790 Broadway, New York. Telephone Circle 7-3100. Cable ad- dress "Quigpubco, New York." All con- tents copyrighted 1934 by Motion Picture Daily, Inc. Address all correspondence to the New York Office. Other Quigley pub- lications: MOTION PICTURE HERALD, BETTER THEATRES, THE MOTION PICTURE ALMANAC and THE CHI CAGOAN. Hollywood Bureau: Postal Union Life Building, Vine and Yucca Streets, Victor M. Shapiro, Manager; Chicago Bureau: 407 South Dearborn Street, Edwin S. Clif- ford, Manager; London Bureau: Rerao House, 310 Regent St., London, W. 1, Bruce Allan, Representative. Cable address: "Uuigpubco, London"; Berlin Bureau: Berlin-Tempelhof , Kaiserin-Augustastrasse 28, Joachim K. Rutenberg , Representative; Paris Bureau: 19, Rue de la Cour-des- Noues, Pierre Autre, Representative; Rome Bureau: Viale Gorizia, Vittorio Malpassuti, Representative; Sydney Bureau: 102 Sus- sex Street, Cliff Holt, Representative; Mex- ico City Bureau: Apartado 269, James Lockhart, Representative; Glasgow Bureau: 86 Dundrennan Road, G. Holmes, Repre- sentative; Budapest Bureau: 3, Kaplar-u, Budapest, II, Endre Hevesi, Representa- tive; Moscow Bureau: Civtzev Vrazhek, N 25, Apart. 146, Moscow, U. S. S. R., Bella Kashin, Representative. Cable address: Samrod, Moscow. Entered as second class matter, January 4, 1926, at the Post Office at New York City, N. Y., under Act of March 3, 1879. Subscription rates per year; $6 in the Americas, except Canada $15 and foreign $12. Single copies: 10 cents. Shirley Temple Sued Hollywood, Oct. 21. — Elinor O'Reilly and Gene Mann, claiming to be agents, have sued Shirley Temple for the purpose of getting a Supreme Court definition on the status of what they say is their agency contract. They say they secured a personal appearance contract for Shirley calling for pay- ments of $7,500 weekly. To "Tone Down" Pictures St. Louis, Oct. 21. — Assurances that the "rlollywood Unvarnished" series of pictures now being run in the Globe-Democrat will be "toned down" have been given a delegation of the- atre men by Lansing Ray, publisher of the paper, but he has refused to withdraw the pictures. Warren, Dubin Signed Hollywood, Oct. 21. — Harry War- ren and Al Dubin, composers of the majority of the song hits in the War- ner musicals, have been given a five- year contract. To Screen "Kid Millions" A trade showing of "Kid Millions," with Eddie Cantor, will be given at the Astor at 11 a.m. tomorrow for exhibitors and circuit representatives. "Du Barry" Opens Wed. "Madame Du Barry," with Dolores Del Rio in the title role, opens at the Strand Wednesday morning. Insiders' Outlook MEN and companies in this industry, in one manner of speaking, get their appraisal by their deportment in print. There are companies, finding voice on the published page through the giddiness of their press agents, which make extravagant claims about box-office performance, newsreel beats and a wide assort- ment of goings on. At this end, it never takes long to pin and label those who lean heavily in the di- rection of exaggeration which is a pleasant week-end manner of putting it. . . . ▼ However, steeled in the careful curriculum of the American Tele- phone and Telegraph Company, you get the extreme other side of the picture in the always cautious and guarded public statements handed out by Western Electric and Erpi. This is a rather cir- cuitous way of directing attention to a Saturday development which points up a move of considerable potential, if not actual, import in the messy patent situation brought to some sort of a head by the recent refusal of the United States Suprerrie Court to review a lower court's findings against Erpi and its licensed companies where the flywheel and double printing patents, American Tri- Ergon held, are concerned. . . . ▼ It has been this column's expe- rience then that, when Erpi talks which it does little enough, it's apt to say something. Well, H. G. Knox, company vice-president in charge of engineering, did talk- on Saturday. By reading with merely a modicum of diligence, the impression became clear-cut that Erpi considers its line in the patent fight unbroken and, as a matter of fact, solidified by a method of disc recording known as the "hill and dale." Knox, nat- urally, makes no mention of the Tri-Ergon patent on double print- ing. He couldn't and wouldn't. But note the statements that fall on either side of his quotes : "Columbia's experience (with 'One Night of Love') has defi- nitely demonstrated the useful- ness of vertical cut recording of motion pictures for talking pic- tures. It not only affords an op- portunity to record and repro- duce the full volume range with superior quality, but also may prove a more economical method than recording on film through^ out." T Knox leaves himself an out, but the indicated line of procedure on Erpi's part, which means the part of its licensed companies, at the same time becomes clear. There may be a change. That's always possible. Yet, all of this tends to make the supposition something stronger than supposition that Erpi is preparing to weather any patent storm with its faith in the "hill and dale" method and on its belief, further, that disc-recorded sound later transferred to film will not impinge on the double printing patent 90 per cent owned ' by William Fox. . . . ▼ One additional statement culled from Knox's comment appears additionally significant. This is where he states: "Paramount is using vertical cut recording in 'Enter, Ma- dame,' and the inquiries we are receiving from other producers indicate that they are seriously considering the advantages of this scientific development as a better and cheaper process for all or part of their talking pic- tures." All of which can be no idle talk, since Erpi rarely, if ever, has gone in for conversation on the loose. . . . KANN Issues on Big Board Down Net Columbia Pictures, vtc Consolidated Film Industries, pfd. Eastman Kodak Fox Film "A" Loew's, Inc Paramount Publix, cts Pathe Exchange RKO .. Warner Bros. Trans Lux. High Low Close Change Sales 37% 37H 375* + A 200 15 15 15 100 104J4 103 103 —1 900 133* 13a* 131* 100 3074 30?* 1,600 VA -a 2,400 1% m 1A - A 100 13A 1314 13% - % 100 25* 2% 254 - A 1.500 m 474 600 on Curb Net High Low Close Change Sales 1% m 1% - A 100 Paramount Broadway Bonds Up Half High Low General Theatre Equipment 6s '40 6% 6% Loew's 6s '41, ww deb rights 103 102% Paramount Broadway 514s '51 44 435* Paramount F. L. 63 '47 58% 5854 Warner Bros. 6s '39, wd 60 59?* Net Close Change &A —A 10254 + A 44 +y2 60 Sales 4 < Purely Personal > JULES E. BRULATOUR, Eddie Cantor, Daniel Frohman, George Jf.ssel, Sam H. Harris, William A. Bkady and Ed. Sullivan have their acceptances in for the Friars' Club testimonial dinner to Postmastes General James A. Farley, Nov. 4, at / the Astor. Anita Louise, one of the leads in "Madame Du Barry," heads east from Hollywood today on the new 60-hour Los Angeles-New York Union Paci- fic limited. She will make a personal appearance at the Strand. Henry Hull is aboard the same train. Celia Villa, daughter of the late Pancho Villa, has been signed by Sam Sax for a one reel Vitaphone short. Budd Barsky has postponed his trip to the coast until Wednesday. A. H. Schwartz is back from Lake Placid. Fight on St. Louis Auditorium Failure St. Louis, Oct. 21.— A last stand effort to prevent use of the Municipal Auditorium by the "Ziegfeld Follies" by sending a delegation of exhibitors before the Board of Estimate has failed. Mayor Bernard F. Dickmann and City Comptroller Louis Nolte in- sisted the city would carry out the contract. Fred Wehrenberg headed the dele- gation, accompanied by Harry Green- man, Harold W. Evans, Paul Beis- man, Charles Cella, Harry Koplar, David Nelson and Louis Ansell. Princess, Montreal, To Be Sold for Tax Montreal, Oct. 21.— According to official notice in the Quebec Gazette, publication of the Provincial Govern- ment, the Princess Theatre is to be sold at public auction to satisfy a claim of $24,148.48 by the City of Montreal for unpaid taxes. The notice is signed by Sheriff Omer Lapierre of Montreal and the theatre will go under the hammer early in December, it is stated. The listed name of the owner is the Canadian Theatre Co., Ltd. Theatre Insurance Is Ordered by Moss Theatres must carry liability insur- ance to protect patrons in case of in- jury under a ruling issued by License Commissioner Moss. He has directed Minsky's, Brooklyn, to meet a $324 judgment obtained by Joseph Rock- stein, 2077 E. 12th St., who was in- jured in a fall. Hardy in a Hospital Hollywood, Oct. 21. — Oliver Hardy is in St. Vincent's Hospital. He has had his tonsils yanked. This winds up "Babes in Toyland," in which he is featured with Stan Laurel. The film, which was in production eight weeks, a record for the Hal Roach lot, has been sent to the cutting room. CfiPRfl is coming i I FULTON OURSLER, Editor in Chief of LIBERTY Magazine in a recent telegram to MR. CAPRA said in part: 'it is a good thing to honor outstanding merit and distinction in any art and these qualities are yours in the art of dramatic pictures. May you live long and flourish like the Green Bay tree to give the public more of the FRANK CAPRA type of pictures. The sentiment expressed by Mr. Oursler is the sentiment of the public at large. The genius of FRANK CAPRA crystallized in any particular motion picture makes that picture a notable event in any year. His next effort is upon us; its title is: BROADWAY BILL; its author, ROBERT RISKIN who also wrote IT HAPPENED ONE NIGHT and LADY FOR A DAY; its stars are WARNER BAXTER and MYRNA LOY; and its cast an imposing one as one expects it to be in a CAPRA picture. & CO L U MB I A P I C T U R MOTION PICTURE DAILY Monday, October 22, 1934 Code Advisory Boards' Fate Is Looming Near (Continued from page 1) suggested that the sessions be held after business hours so that branch heads can spend more time on product deals. If the recommendation is made to drop the sub-committees, the main board will establish a ruling that each litigant will be allowed only 15 min- utes to present testimony. Texan Worried Over Overbuying Appeal Fears that Jefferson Amusement Co. of Beaumont, Tex., will invade towns of from 8,000 to 15,000 population if an overbuying decision against the company is reversed by Campi on ap- peal were expressed by Jack Lilly, president of Greenville Theatre Corp., prior to his return to Texas. Lilly stated that the Dallas griev- ance board's decision in favor of the Greenville company which filed the overbuying complaint against Jeffer- son was unanimous and if Code Au- thority reverses the verdict of the local board Jefferson will bottle up independents in towns ranging from 8,000 to 15,000. "A theatre must have a split of major first run product in small towns and cannot exist without it," Lilly said. He said he also feared a price war between "A" and "B" houses if independents cannot get major films. "If we cannot get top line product we will be forced to cut admissions to meet competition from theatres showing major output. Subsequently the 'A' houses will reduce their prices to meet ours until we are licked," he asserted. "Independents in Texas are vitally interested in the action of Campi on this case," he added. "We have been in Greenville for 15 years. Along comes Jefferson, builds a new theatre in the town and takes away major product. If they can do this in Green- ville and get away with it they will continue the same procedure else- where," Lilly said. Code Authority will hand down a decision on this appeal on Oct. 25. Move on Foot to Combine About 50 New York Indies Never Misses Start Buffalo, Oct. 21.— A former important manufacturing ex- ecutive, retired in his early 60's, is the Lafayette The- atre's No. 1 fan. In the four years the house has been op- erated by A. Charles Hayman, this man has been on hand each opening day in advance of ushers and cashiers. He has missed just one week — the third of the "One Night of Love" engagement. He saw the Grace Moore picture twice, however. Shusterman May Get 125 Reade Pictures Aaron Shusterman will be given around 125 major pictures by the New York grievance board as a result of an overbuying decision handed down in his favor against Walter Reade last week. Members of the local board met Saturday on the number of pictures to be allotted Shusterman and adjourned :he session until today when the amount and distributors affected will be listed. According to indications Saturday, Shusterman will get about 70 for his Red Bank house and approximately "0 for his Perth Ambov theatre. Settles Ad Complaint Pittsburgh, Oct. 21. — Acting as an industrial agency, the local grievance board has adjusted a premature ad- vertising complaint brought by Warner Bros. Circuit Management Corp., op- erating the Columbia, Sharon, against Peter M. Pegadiotes, operating the Capitol, Farrell. The clearance board has dismissed a complaint filed by the Palace, Johnsonburg, protesting clear- ance between it and the Strand, Ridge- way ; St. Mary's, St. Mary's ; and the Temple, Kane. Provo, Seattle Cases Up Six individual appeals from clear- ance and zoning schedules will be heard today by a special Campi com- mittee. Tomorrow hearings will be held on clearance plans for Portland, Salt Lake City and Provo, Utah, and Seattle. On Wednesday the Kansas City and Denver schedule will be re- viewed. Weshner West One Year Milwaukee, Oct. 21. — Dave Wesh ner this month celebrates his first an niversary as general manager of the Wisconsin division of Warner thea tres. Weshner is a director of the M.P.T.O. of Wisconsin and Upper Michigan and a member of the grievance board. 'Barnum' Home Premiere World premiere of "The Mighty Barnum," 20th .Century production with Wallace Beery in the title role, has been set for Bridgeport, Conn., home of the Barnum & Bailey Circus. The picture is now in an advanced stage of production. Reinhardt at Warners Hollywood, Oct. 21. — Max Rein hardt is back from the San Francisco run of "Midsummer Night's Dream' and has taken an office at Warners. Reinhardt and William Dieterle, the director, will start testing players for important roles. Team Crawford-Powell Hollywood, Oct. 21. — M-G-M has lined up the co-starring team of Joan Crawford and William Powell for the top spots in "Reckless." Franchot Tone and May Robson will also have im- portant parts. Victor Fleming will direct. Rosenblatt In and Out Division Administrator Sol A. Ro- senblatt was in town over the week- end and left for Washington late last night. His trip had nothing to do with business. (Continued from page 1) future conclaves to crystalize it are in prospect. Reports have been current from time to time of moves between indepen- dent exhibitors to band together to strengthen the buying means of the small theatre owner. Local exchanges look unfavorably on such a move, as ndicated last week when efforts were made to break up the pooling arrange- ment of Joseph Seider, A. H. Schwartz and George Skouras on Long Island. In Chicago and Detroit cooperative buying organizations have been in ex- istence for some time. In the latter city there are two, one with Ray Moon as head of Cooperative and the other with George Trendle as president of United Detroit Theatres Service Corp. Recently, Consolidated Amusements and Springer & Cocalis, operating a combined total of more than 60 houses, merged as Trio-Consolidated. The amalgamation worked beneficially for Consolidated, which for some time had been experiencing difficulty in buying for its 14 houses. Lee Now in Charge Of G-B in America (Continued from page 1) the first of next year. Bernerd's plans for returning next month are indefi- nite, he said prior to sailing. He may not visit America again for some time, the trip being contingent on confer- ences with G-B officials in London late this week. Michael Balcon. production head, accompanying Ostrer and Bernerd, returns in February, when he will visit the coast. Buffalo Hipp, on Duals Buffalo, Oct. 21. — Although mas querading in the advertising as an "added attraction," the Hippodrome has gone double features again, at least temporarily, "Caravan" and "You Belong to Me" are the pictures The Great Lakes, with "Madame Du Barry," also is giving billing to "La Cucaracha." Buffalo to Aid Kid Films Buffalo, Oct. 21. — Buffalo thea tres will co-operate in the M.P.P.D.A. plan to release a series of shorts for children, to be shown at matinees which will use sequences from pop- ular films. This cooperation will de- pend on public support, however Jules H. Michael, "M.P.T.O. zone chairman, asserts. Walpole Going Abroad Hollywood, Oct. 21. — Hugh Wal pole will leave Hollywood next month for a trip to England which will keep him away for several months. Wal- pole will return in the spring to re sume his writer's contract with M-G-M. Fox in Warner Houses Milwaukee, Oct. 21. — Fox is tern porarily managing the Venetian, State, Riviera and Kosciuszko, neighbor hood houses dropped by Warners, until involved building and lease deals are ironed out. Start Talks Here on New Deal in FWC (Continued from page 1) hearing before a Campi appeal body. During Rhoden's stay here he con- ferred with Spyros Skouras on the Midwest situation and also had talks with John C. Flinn on the clearance plan. S. R. Kent, who will play an im- portant part in the conferences with Chase National Bank and Hughes, Schurman & Dwight on F.W.C. re- organization, arrives from the south tomorrow. William T. Powers, F.W.C. attorney in the east, is due back today from a stumping tour up- state. He is running for attorney general of New York State on the Republican ticket. According to present indications, a foreclosure sale of F.W.C. properties is expected within the next six weeks. Trustees of the circuit have appro- priated $150,000 for 100 per cent set- tlement of claims up to $30,000. Industry Surveys Fight on Sinclair (Continued from page 1) of concerted action against the Demo- cratic candidate more, even, than his declaration of income tax policy. Sinclair's program calls for an ap- proximate tax of 20 to 30 per cent on incomes ranging from SI 00 per week to $50,000 per year and of 50 per cent on incomes over that amount, in addi- tion to other taxes now imposed. The film colony is reported to be contributing liberally to Gov. Mer- riam's campaign fund, the list includ- ing numerous regular as well as in- dependent Democrats. World Chamber Asks Abolition of Quotas (Continued from page 1) mittee of the International Chamber of Commerce. The council proposed that the quota system be modified pending its possible abolition. Radio Signs Assistants Hollywood, Oct. 21. — Pursuant to the new policy generally adopted by the major producers, Radio this week placed three assistant directors under six months' contract. They are Jimmy Anderson, Dewey Starkey and Eddie Kelly. The old procedure at many of the major studios was to employ as- sistant directors on a picture to picture basis. Flynn Takes K. C. Center Kansas City, Oct. 21. — Nuge Flynn, one-time major exhibitor and now in the florist business, has taken over the New Centre, which he will operate for colored on a policy of stage shows and pictures at 15 cents. Flynn at one time operated the Globe, large downtown house, since razed. FOX Finn PRCsems AMERICA'S FIRST ACTOR inn SHOuumfln's special PRODUCED SHOLUfTlEn FOR SHommEn George KL Cohan ^The Man W)ho Knows What The Public Wants George M. Cohan is America s first actor. And its most successful show- man. Because he knows what the public wants. The public has paid exactly $93,824,762.75 to see his shows and whistle his songs,- a staggering tribute to the genius of George M. Cohan, producer,- play- wright/ song writer,- director,- actor,- dancer,- showman. But above all, in tribute to the Cohan personality Last season he starred for the Theatre Guild In Eugene O'Neill's "Ah! Wild erness. For 36 consecutive weeks. The big outstanding success of New York. And for good measure. Every Sunday night on the radio. Coast to coast. Th.s season he goes on the road. With "Ah! Wilderness." And also returns to the radio. He will also be seen in one big picture for Harold B. Franklin. "Gambling." Based on his great stage success. He will be seen as the public wants to see him. As himself 03 Harold B. Franklin C^The Man VI) ho Knows What The Gxhibitor Wants The exhibitor knows what the exhibitor wants Nobody better And Harold B. Frankl in is an exhibitor He has operated more theatres than any man living. Paramount Circuit Fox West Coast Circuit R K O C ircuit Coast to coast Shooting-galleries to Radio City Franklin has also gone into production. Plays Pictures On the stage he will present — in association with Arch Selwyn, Charles B Cochran and Arthur Hopkins — these international stars: Elizabeth Bergner, Yvonne Printemps, Luc ienne Boyer, Fra nces Starr, Eva La Galli enne On the screen, his fi rst production through Fox Films, will be George M Coha n in one of his greatest stage successes, Gambling Cohan on the air, in drama, musical comedy, vaudeville, owes his success mainly to the Cohan personality It's that personality, pure and unadulterated, that Franklin will present. Cohan is a showman. Franklin is a showman. They re combining their show- manship to make a showmen's production For showmen * 8 MONTHS ON BROADWAY * 12 MONTHS COAST-TO-COAST DIRECTED BY ROWLAND V. LEE MIIEAMINUTE mystery melodrama! AMERICA'S FIRST ACTOR AA n WYNNE GIBSON DOROTHY BURGESS AND A SUPERB SUPPORTING CAST HAROLD B. FRANKLIN TO MY FELLOW EXHIBITORS A lifetime of effort in the operation of theatres has gone into the presentation of George M. Cohan in Gambling. Its my belief that exhibitors know plenty about pictures — and I ve tried to translate that belief into action. George M. Cohan in Gambling is the result. Mr. Cohan is a showman. We ve tried to make a showmen s picture for showmen. For you. It was made to measure up to Sidney Kent s most exacting standards. We have made it for the box-office. Because any box-office in America is home sweet home to George M. Cohan. Yours for the box-o ffice Monday, October 22, 1934 MOTION PICTURE DAILY 15 Polish Gov't To Register Distributors Washington, Oct. 21.— All estab- lishments selling or leasing films in Poland must be registered with the industrial authorities before Oct. 28, according to a report to the U. S. De- partment of Commerce from Warsaw. In the application for registration, the name and the exact address of the enterprise must be indicated, turnover during 1930-1933, and total remittances abroad for the license authorizing the exhibition of films must be shown. Czech Houses Still Off Washington, Oct. 21.— Attend- ance in film theatres in Czechoslovakia continues to decrease, according to a report to the U. S. Department of Commerce from Commercial Attache Sam E. Woods in Prague. The reasons for the drop during the first half of 1934 have been the de- creasing purchasing power of the pub- lic in general and the shortage of American product in particular. Using the yield of the entertain- ment tax as a criterion, and the monthly average for 1929 as 100, at- tendance dropped from 101 in January to 49.3 in June 1934. In the same period, 1933, the decrease was from 101.3 to 63.3. Dutch Attendance Gains Washington, Oct. 21. — Theatre at- tendance in the Netherlands increased more than five per cent during the first M.\ months of 1934 over the same pe- riod of 1933, according to a report to the U. S. Department of Commerce from American Consul F. Van Den A rend in Amsterdam. During August the relative position of American films, as registered by Amsterdam first runs, was again less favorable than the preceding month. The percentage of American films shown started dropping in June, at which time the French and British positions improved. Erpi Seen Bucking Fox By "Hill-Dale" Sound 5,500 Extras Work Hollywood, Oct. 21.— Em- ployment of extras reached a four-year peak during the four weeks ending Oct. 15 with more than 5,500 em- ployed. The talent ranged from 35 bathing girls to 300 French soldier types and 350 negroes. The studio per- manent payroll was also in- creased by 97 names during that period. ing capacity of 1,200-1,500 and will be air conditioned. Peru Finishes First Washington, Oct. 21. — "Such Is Life" is the title of the first sound picture to be produced in Peru, ac- cording to a report to the U. S. De- partment of Commerce from Com- mercial Attache Julian D. Smith in Lima. Start Guatemala House Washington, Oct. 21. — Work was begun about two weeks ago on a new theatre in Guatemala City, according to a report from Consul General O. Gaylord Marsh to the U. S. Depart- ment of Commerce. (Continued from page 1) quality" which, Erpi reports, is being received in connection with Columbia's "One Night of Love," the songs of which were recorded by the "hill-and- dale" vertical cut disc method and subsequently re-recorded from disc to film. "Columbia's experience," the Knox statement declares, "has definitely demonstrated the usefulness of vertical cut recording for talking pictures. It not only affords an opportunity to record and reproduce the full volume range with superior quality but also may prove a more economical method than recording on film throughout. Paramount is using vertical cut re- cording in 'Enter Madame' and the inquiries we are receiving from other producers indicate that they are seri- ously considering the advantages of this scientific development as a better and cheaper process for all or part of their talking pictures," Knox con- cludes. The new method, the Erpi state- ment relates, was developed by Bell Telephone Laboratories "for the defi- nite purpose of providing recording and reproducing of high quality for all disc purposes. It was expected in the course of the development work," the statement concludes, "that the field would probably be limited to phonograph records and electrical transcriptions for broadcasting." Fox Brooklyn Suit Ups List To 13 on File (Continued from page 1 ) Corp., Monogram, Reliance, Talking Pictures Epics, 20th Century and Uni- versal, in addition to the two against Warner and Vitaphone in Brooklyn. Why one of the suits was filed in Brooklyn and the other 12 in New York was not explained by Ward, Crosby & Neal, patent attorneys, who are handling eight of the cases. Con- gestion of court calendars may have something to do with it. Neither of the two law firms will discuss their further moves, but it is known that further suits are contem- plated. Has Munitions Picture Topical Films, Inc., is readying a feature length picture, "Dealers in Death," for an early November re- lease. The film is a treatise on the munitions industry and its interna- tional ramifications, with many of its scenes taken in England, France, Ger- many and Czechoslovakia. Newton, la., Rialto Open Newton, la., Oct. 21.— The Rialto, closed for seven years, has opened on a part time basis under the manage- ment of George P. Hundling of the Capitol. Greek Imports on Rise Washington, Oct. 21. — Over 300 features have been purchased by Greek exchanges for release during the 1934- 35 season, according to a report from Commercial Attache K. L. Rankin at Athens to the U. S. Department of Commerce. Compared with the 248 features dur- ing the 1933-34 season, this increase of about 20 per cent is not generally considered as justified by any pros- pective gain in box-office receipts for the coming season. Prices were generally rather high, owing to keen competition among im- porters. American film producers op- erating in Greece are reported to have closed some satisfactory contracts. Cleveland Men Hit Free Air Programs Cleveland, Oct. 21. — Cleveland ex- hibitors have protested to Mayor Harry L. Davis against rental of the Public Auditorium on Saturdays and Sundays to radio station WHK for a 10- week series of broadcasts open to the public. The sponsor is the Higbee Co., department store. The talent is to include the stars now ap- pearing on the coast to coast net- work, starting with Eddie Cantor. Admission to view the broadcast will be a sales slip from the Higbee Co. Local exhibitors contend this is un- fair competition. The auditorium seats 15,000, was built with taxpayers money — including taxes paid by own ers of theatres. The Auditorium, they feel, should not be put into direct competition with them. New House for Haiti Washington, Oct. 21. — Port-Au- Prince, Haiti, will soon have a new theatre, according to a report from American Vice Consul Carl Breuer to the U. S. Department of Commerce. The new house, to be constructed on the Champ de Mars, will have a seat- C anion Operators Sign Canton, O., Oct. 21. — Union opera tors at the three first run and six second run houses here have been granted a 20 per cent increase under a new contract just signed. This makes the town 100 per cent union. The contract also provides for pay- ment of overtime for longer hours than specified by the code. All houses here are in operation ex- cept the Grand Opera House. New York's Newest Sensation THE SPIRITS OF RHYTHM featured with GEO. M. COHAN in Pioneer Pictures Formed Albany, Oct. 21. — Pioneer Motion Pictures, Inc., Queensborough, has been chartered with capital of 200 shares no par value to exhibit films. Roland Tardiff, Constance Tardiff and Robert O. Smith are directors and subscribers. "GAMBLING" appearing nightly at THE ONYX 72 West 52nd St., N. Y. C. !6 MOTION PICTURE DAILY Monday, October 22, 1934 MOTION PICTURE DAILYS HOLLYWOOD PREVIEW "Anne of Green Gables" (Radio) Hollywood, Oct. 21. — This is a faithful translation of Mrs. L. M. Montgomery's novel, sympathetically revealing- each player as a living character of this homespun tale. It mirrors the life and pleasant hard- ships of an orphaned girl, expertly played by Anne Shirley, who is sur- rounded by Tom Brown, O. P. Heggie, Helen Westley, Sara Haden, Murray Kinnell, Gertrude Messinger, June Preston, Charlie Grapewin and Hilda Vaughn. George Nicholls, Jr., in his first solo directorial effort, extracts all possible from the material at hand with the result delivering fine entertainment for general appeal. The story is rich in romance with humor balancing pathos, all photo- graphed beautifully by Lucien Andriot. Poetically inclined Anne Shir- ley finds herself adopted by a country family who, through their influ- ence and neighbors, becomes the pivot for a gossiping community. Alooi from this talk, she surges through life in an imaginative world of her own. The situations are those designed to tug the heartstrings of the most cynical audience. Aside from the past and present popularity of the novel, box-office draw must primarily come from commendable word-of-mouth advertise- ment as the film is shy on name values although the performances are good. Kenneth MacGowan produced. Reviewed without production code seal. Running time, 80 minutes. "Without Children" (Liberty Prod.) Hollywood, Oct. 21. — This is a somewhat spotty interpretation of Gertrude Orr's story suggested by Mrs. Wilson Woodrow's novel, "Eyes of Youth," but it has enough good qualities that, when properly edited, it should make fair program entertainment for youths and adults in any community. It contains such seasoned players as Marguerite Churchill, Bruce Cabot, Evelyn Brent, Reginald Denny, Dorothy Lee, William Janney, Dickie Moore, Cora Sue Collins and Lillian Harmer all contributing their best to paint a word picture of modern, American domestic life. The picture at times scintillates with touches of smart comedy-drama, of human emotions and then with the other extreme of melodrama that evoked catcalls from the gallery. The story depicts a happily married couple with two children, with the mother dedicating her life to the children and thus unconsciously neglecting to keep abreast of her husband, Cabot, an ambitious architect. Miss Brent, seeing this, induces him to accompany her to Paris where he achieves his ambition. Time lapses until the children are grown up and the father learns they are in trouble and returns hastily to America where his ex-wife, still faithful, accepts the reconciliation. The settings and photography are artistic. William Nigh directed. Previewed with- out production code seal. Running time, 85 minutes. "Elinor Norton" (Fox) Hollywood, Oct. 21. — The story, based' on Mary Roberts Rinehart's "The State Versus Elinor Norton," loses most of its original punch in its transfer to the screen. The picture, as previewed, has much unneces- sary footage contributing little to a plot already weak and leaving this one tepid as entertainment. The story deals with Claire Trevor, whose husband, Hugh Williams, is an eccentric, jealous Englishman. Just as a divorce is imminent Williams goes to war. During his absence Miss Trevor falls in love with Gilbert Roland. At this point Williams returns very ill mentally. Miss Trevor sees her duty and leaves with her husband for a ranch in the west where she hopes to nurse him back to health. Roland fol- lows and after a confession scene involving the eternal triangle. Mis? Trevor gets a divorce and marries him. The cast seems to be in the throes with far-fetched situations and stilted dialogue. The direction by Hamilton MacFadden is uneven, but the photography by George Schnei- derman is okay. Production code seal No. 302. Running time, 70 min- utes. Byrne Is Dismissed From Ontario Board Toronto, Oct. 21. — Following the political upheaval in Ontario Govern- ment circles, E. J. Byrne, veteran member of the provincial board of censors, has been dismissed by order- in-council. Byrne thus follows Major J. C. Boylen, chairman of the board for 11 years, who was recently "permitted to resign." Under the economy wave of the new Liberal Government, the ex- penses of the Ontario Censors have been cut 60 per cent., according to announcement by Premier Mitchell Hepburn. But no move has been made to cut the cost of censorship for distributors. The personnel of the new board has been reduced from six to three. "And it's more efficient," declared the premier. Appeals Court Rule Awaited on Pickets Sherboygan, Wis., Oct. 21. — The U. S. Court of Appeals in Chicago has taken under advisement the question of continuance of a temporary injunc- tion granted the Rex here against the local operators' union and others. Federal Judge F. A. Geiger of Mil- waukee is calling the Federal courl calendar and is expected to set a date for the hearing of the principal action in which the Rex Theatre Corp. prays for a permanent injunction to prevent picketing. Judge Geiger issued the temporary injunction prohibiting picketing in May this year, and it has been in ef- fect to the present. Expect Cole Will Be Reelected in Texas Col. Harry A. Cole will in all probability be reelected head of Allied of Texas at the annual convention in Dallas on Nov. 18-19. The gathering place will be the Jefferson Hotel. Cole has been in the chair for the past 11 years. He would like to re- tire from the presidency, but the mem- bers will not let him. Sidney Samuelson, president of the national organization, is expected to attend. Cole, who has been conferring with Samuelson the last two days on legislative action planned by Allied, has left for Dallas, accompanied by Jack Lilly of Greenville, Tex. Mexican Unions for Boost in Wage Rate By JAMES LOCKHART Mexico City, Oct. 21. — Representa- tives of unions connected with the in- dustry from a number of Mexican cities are meeting here for the pur- pose of organizing a national asso- ciation, the aim of which will be to standardize wage scales throughout the country on a higher basis. The labor leaders contend workers' pay is trivial compared with the in- come of theatres and other branches of the industry. New Music Hall Producer Twenty-six-year-old Vincente Mi- nelli, who rose from costume and set designer to art director of the Music Hall, will make his bow as a producer there next Thursday. The stage at- traction for the week, a revue in four scenes, is Minelli's first production. Finish "Tailspin Tommy" Hollywood, Oct. 21. — Universal has completed the "Tailspin Tommy" serial starring Maurice Murphy, and it shaped up so well the studio is talking a deal for a new one. "Bum Voyage" New Title Hollywood, Oct. 21.— Roach has changed the title of the current Thelma Todd-Patsy Kelley comedy from "The Skin Game," to "Bum Voyage." Short Subjects "Frankie and Johnnie" (DuWorld) This British short is an interpreta- tion of the famous ballad, with Charles Laughton and his wife, Elsa Lancas- ter, as the two lovers. It has been simply and effectively produced by Sascha Geneen, who also directed. Added entertainment value derives from the fact that the roles of Frankie and Johnnie are played in character. Laughton and Miss Lancaster inject humor into their rendition when the occasion warrants it. Running time, 8 mins. "Red Republic" (Radio) A further insight into the develop- ment of new Russia is here shown through the eyes of the camera of Margaret Bourke-White. The film jpens with views of the oil fields of Baku and takes the audience up through the vineyards of Georgia, past the great dam of the Dnieper and into the schools of Moscow. Very interesting. Reviewed without pro- luction code seal. Running time, 9]/2 mins. "It's the Cats" (Columbia) Andy Clyde is asked by the boss to speak in his stead at a dinner given by a group of women interested in a "home for homeless cats." Andy walks into the wrong banquet room. His address is hardly begun when he is thrown out. Then he drunken- ly stumbles into the right place, but is given the bounce because his iden- tity is unknown. Clyde's antics pro- vide several good chuckles. Inez Courtney and Dorothy Grainger are also in the cast. Code seal No. 240. Running time, 19 mins. "If This Isn't Love" (Radio) This short, with Walter Woolf. Dorothy Lee and Hazel Forbes, is al- most equal to many features in pro- luction value and surpasses many in entertainment. Woolf meets Miss Forbes, falls in love with her only to be repulsed and becomes entangled with Dorothy Lee. It all works out in the end to the satisfaction of all concerned. Woolf sings several num- bers well. Production code seal. No. 47. Running time, 21^ mins. "Bric-A-Brac" (Radio) In this, his latest, Edgar Kennedy, with the aid of his wife and her fam- ily, go to the mountains to build a ~abin while he is on his vacation. Their methods of construction should 'urn many an audience hilarious, par- ticularly when Kennedy starts work on the chimney. The whole enter- prise collapses at the end and it is Drobable that the majority of audi- ences will be in the same state, but from laughter. Production code seal, No. 169. Running time, 19 mins. Week-End Vaudeville RKO's Richmond Hill goes to a policy of Saturday and Sunday vaude- ville in addition to pictures begin- ning Oct. 27. Direct competition is Loew's Willard. which operates on a straight film policy. Monday, October 22, 1934 MOTION PICTURE DAILY 17 Seals Given to 19 Films; 14 Shorts {Continued from page 1) serial; Fox, three; Principal, one and one serial; Radio, three features and two shorts; M-G-M, one feature and one short; United Artists, one; In- vincible, one ; Warners, two shorts ; First Division, two shorts ; Roach, two shorts, and Educational, one short. Titles of pictures approved follow: Columbia (Features) •Against the Law." "The Captain Hates the Sea." "Fugitive Lady." "Wolves of Catclaw." (Shorts) "Malysia." "The Concert Kid." "Screen Snapshots" No. 14-2, "Council on Defense. Educational (Shorts) "Boosting Dad." First Division (Shorts) "Hymn in the Sun." "Spangled Cave." Fox (Features) "Elinor Norton." "Hell in the Heaven," "Bachelor of Arts." Invincible (Features) "Port of Lost Dreams." Liberty (Features) "Without Children." M-G-M (Features) "What Every Woman Knows." (Shorts) "Bosko's Parlor PranKs." "Opened By Mistake," "You Bring the Duck." Monogram (Features) "Girl of My Dreams," "Successful Failure." Principal (Features) "Chandu of the Magic." (Serials) "Chandu," episodes 9-10-11-12. Radio (Features) "Anne of Green Gables," "Gridiron Flash," "Kentucky Kernels." (Shorts) "Ticket or Leave It," "How to Break 90 at Croquet." United Artists (Features) "Kid Millions." Universal (Features) "Great Expectations," "Cheating Cheat- ers." (Serials) "Tailspin Tommy," episodes 4-5-6-7. Warners (Shorts) "Rythm in the Bow," "Those Beautiful Dames." Chicago Legion Puts 132 on Its New List Chicago, Oct. 21.— In another full page advertisement in papers here the newest lineup on pictures by the Chicago Council of the Legion of Decency lists 132 pictures as approved A second group lists 120 films not approved for children and neither ap proved nor disapproved for adults. The third classification of banned pictures totals 45. Hollywood Personals Hollywood, Oct. 21. — Dick Powell building a home in Toluca Lake. . . . Phillip Reed entertaining visitors from New York. . . . A year ago Paramount let Kathleen Burke go. Today she is back for the lead in "Lives of a Bengal Lancer." . . . Marlene Dietrich interrupting her entrance into the Paramount cafe long enough to congratulate Bing Crosby on his latest radio broadcast. . . . J. P. McEvoy suffering an eye infection. . . . Walter Connolly may skip his annual trip to New York this year. . . . Joe Morrison back from New York. . . . Hamilton MacFadden to direct "Charlie Chan in Paris" for Fox. . . . All the noise at Paramount the other day came from Harry Revel's yellow sweater and belt. . . . Lloyd Bacon and Earl Baldwin gathering material for Warners' "Flying Marines." . . . The waistlines on George Raft's new suits come clear up to here. . . . Arthur Richman collaborating with Edwin Knopf on adaptation of "Broken Soil" for Goldwyn. . . . Jack Conway to direct "Repeal" for M-G-M. . . . Una O'Connor's beach home suffering from "surf wounds." . . . Marguerite Churchill refused leads in two pictures to accompany her husband, George O'Brien, to Europe. . . . Queenie Smith ready to begin her contract with Paramount. First role in "Mississippi" with Lanny Ross. K. C. Church Group To Make Film Study Kansas City, Oct. 21. — Cooperating with the Federal Council of Churches in its film campaign, the Kansas City Council of Churches will sponsor a group study over a period of weeks which is designed to mark a "new approach" to the question of the church and films. The course will be conducted by the Rev. I. E. Deer, executive secre- tary of the Kansas City Council, and is open to everyone. Meetings will be held one night weekly. A file of information on films will be available free in the office of the Council of Churches to those who de- sire critical estimates of current productions. Estimates of the various national previewing groups will be on file, and a list of the approved and disapproved films issued by Catholic publications will likewise be used by the local Protestant organization. Local Protestant churches observed today as a day set by the Federal Council of Churches for the consider- ation of the subject. Buffalo, Oct. 21. — Letters have been sent 200 Buffalo Protestant clergymen by the Buffalo General Ministers' Ass'n, urging their participation in the campaign against indecent films. Decency Move Stays Active in Virginia Richmond, Oct. 21. — While the cen- sors say films now being examined are better and that only a few objection- able elements are found in any of them, the drive started by the Legion of Decency in behalf of cleaner pic- tures continues to attract attention in Virginia. One Presbyterian body, however, re- frained from taking action, but the Richmond Ministerial Union adopted a recommendation recently to obtain lists of pictures suitable to be seen by families. Dr. F. W. Burnham acted as chairman of a committee in a re- quest to Richmond newspapers to pub- lish the lists at weeklv intervals. Mench in Akron Portage Akron, Oct. 21.— C. J. Mench has been named manager of the Portage here, which is operated by the Summit Theatres, Inc. The house was formerly the Park. K. C. Theatres Join Housing Campaign Kansas City, Oct. 21. — Local ex- hibitors are cooperating wholehearted- ly with the Federal Housing Admin- istration in its campaign to stimulate better housing. Besides displays in the lobbies, theatres are distributing campaign material as their contribu- tion to the movement. The I. T. O., meeting at the Variety Club, adopted a resolution endorsing the campaign and pledging coopera- tion after hearing F. H. A. officials explain its objectives. "Divorcee" Omaha Wow; Gets $7,100 Omaha, Oct. 21. — "The Gay Di- vorcee" at the Brandeis came near smashing a house record set by "Little Women" a year ago by hitting the cash gong for $7,100, over par by $3,600. It was held over for a second week, the first holdover here in months. Part of the local response is attrib- uted to the fact that Fred Astaire got his start here. "Mrs. Wiggs of the Cabbage Patch" and "Have a Heart" were good at the Orpheum at $9,500. Total first run business was $30,500. Average is $22,500. Estimated takings : Week Ending Oct. 17: 'CHARLIE CHAN IN LONDON" (Fox) "THE LEMON DROP KID" (Para.) WORLD— (2,200), 25c-40c, 7 days. Gross: $3,750. (Average. $3,500) "CHAINED" (M-G-M) PARAMOUNT— (2,800), 25c-40c, 7 days. Gross: $9,800. (Average, $8,000) Week Ending Oct. 18: "THE GAY DIVORCEE" (Radio) BRANDEIS— (1,500), 20c-25c-35c, 7 days. Gross: $7,100. (Average. $3,500) "MRS. WIGGS OF THE CABBAGE PATCH" (Para.) "HAVE A HEART" (M-G-M) ORPHEUM— (3,000), 25c-40c, 7 days. Gross: $9,500. (Average, $7,500) Norwalk Moose to Build Norwalk, O., Oct. 21. — Plans have been drawn for a 1,000-seat theatre to be erected here by the Moose Lodge, which organization now oper- ates the Moose, the only house here. HOW DO YOU BUNDLE? — not in a porch swing! — not in a parked car! — not on the stair steps! • You'll never guess! But see Paramount's "THE PURSUIT OF HAPPINESS." Starring FRANCIS LEDERER, Joan Bennett, Charlie Ruggles and Mary Boland. Directed by Alexander Hall. Prints now available at all Paramount Exchanges. MOTION PICTURE DAILY Monday, October 22, 1934 Albany Albany, Oct. 21.— Tent No. 9 has inaugurated a new series of social activities by having "Distributors' Night" on Thursdays, ushered in by Paramount headed by Barker East- man. Dancing, entertainment and a series of bridge games provided an in- teresting evening. Warners' exchange and theatre department followed the idea last week, with M-G-M and Fox taking subsequent weeks. The clubrooms were the scene of much activity during the broadcast of the World's Series. The radio donated by Barker Halligan worked overtime. The outcome of the recent golf tournament brought forth several chal knges by local aspirants for the golf crown to Barkers Pielow and Sauber. All challenges have been ac cepted, and to date the boys who fin ished one and two in the tournament are still undefeated. This week will find Sauber and Pielow matched against Barkers Shea and Dare of RKO and Fox, respectively. Ping Pong is holding considerable interest with Barker Stanley Gold- berg of Paramount, club champion, being swamped with challenges. He is taking on all comers. The Hallowe'en party will afford the barkers and their guests an evening of frolic and festivity, and this event is being looked forward to with much anticipation. Alex Sayles is in charge of arrangements. Several barkers, headed by Chief Barker Buckley, attended the Yale- Columbia game in New Haven. Universal's new salesman, Louis J. Lieser, has made application for mem- bership. It will receive consideration at the next meeting. Lieser was re- cently transferred here from Phila- delphia. Variety Club Chatter Cincinnati Cincinnati, Oct. 21. — C h i e f Barker Allan S. Moritz and Can- vasman Ike Libson represented -the Cincinnati tent at the Pittsburgh frolic. The local club is shy one more mem- ber in the person of A. J. Meininger who has gone with B. & K. at Chicago. Nat S. Lefton, Cleveland Tent No. 6, was a visitor at the local club quarters last week. Tent No. 3 is outstanding in the matter of members' families. Stan C. Jacques is the father of twin girls in their early teens, while Glenn Corbett is "double father" to a pair of boys. A. J. Holt has twin grand- daughters. Congratulations are in order for Barker Mike Spanagel. It's a boy, who, however, has some sisters. Chief Barker Allan Moritz is learning the art of boiling eggs, while the Mrs. is sojourning in Buffalo. Frank W. Huss, Jr., has returned from a 60 days' vacation in Canada, although his hay fever returned as soon as he reached his native shore. Local membership is deploring the loss through transfer of Barker R. W. Thayer, who has been assigned to the Ross-Federal office on the west coast Cleveland Cleveland, Oct. 21.— Variety Club has organized a Wednesday "Ladies' Day." Auction and contract bridge tournaments will be held with prizes to be awarded at the end of 10 weeks. There will also be Keeno hearts and rummy games for those who do not play bridge. There will be a "queen for a day" every alternate Wednesday. Mrs. Frank Drew, wife of the club's president, was the first "queen," Mrs. Nat Holt and Mrs. Nat Wolf will be "queens" for the next meeting. Following them will be Mrs. I. J. Schmertz and Mrs. M. B. Horwitz. In preparation of the first annual ball to be held at the Statler Hotel on Nov. 3, Nat Holt, general chair- man of entertainment, has named the following heads of sub-committees : Frank Drew, banquet chairman; Nat Wolf, entertainment chairman ; Harry E. Long, music; M. B. Hor- witz, finance ; Nat Lefton, greet- ings ; Fred Meier, program ; Jack Shulman, decorations; Edward Flanigon, special events ; George Roberts, dance; I. J. Schmertz, door chairman; Harry Sachs, tickets, and Warren Wade, radio. Detroit Detroit, Oct. 21. — Col. Walter Scott Butterfield was honored at the club luncheon last week. He was presented with the life honorary mem- bership. Many notables in civic life were present, including E. D. Stair and Malcolm Bingay of the Detroit Free Press; Edgar Guest, poet on the same sheet ; Frank A. Picard, candidate for U. S. Senator, and John H. Harris, Pittsburgh. The affair was held in the Italian Room of the Book, scene of many of Detroit's swanky affairs. Pittsburgh Pittsburgh, Oct. 21. — Mike Cul- len, manager of Loew's Penn, has been elected chief barker of the Va- riety Club, for 1935. Cullen suc- ceeds Harry Kalmine. Other officers elected were: Frank Smith, first assistant chief barker; Art Levy, second assistant ch'ef barker; Dr. L. Beinhauer, treasurer; James G. Balmer, secretary ; directors, William Gardner, C. J. Latta. George D. Tyson, Joe Blowitz. Steve Cox, Al Barnett. Harold Lund and Dr. A. Wise were selected to represent the Pitts- burgh tent at the national convention. John H. Harris, chairman of -the banquet committee, announced a com- plete sellout for the banquet. More than 800 showmen attended and many noted stars and celeb- rities, including Joe E. Brown, Ted Husing, Sol Rosenblatt and Christy Walsh. Washington Washington. Oct. 21.— The week- ly luncheon of Tent No. 1 1 had Joseph P. Morgan and Hardie Meakin as kings for a day. Among the entertainment features were Irene Beasley, who got the audience to do the singing instead of doing the warbling herself ; Eleanor Powell, who demonstrated tap danc- ing without musical accompaniment ; Fischer, Chief Barker of Latest Tent in Milwaukee Milwaukee, Oct. 21. — Officers of the recently organized Milwaukee Tent of the Variety club have been named as follows : George Fischer, chief barker; Dave Weshner, first assist- ant chief barker; Charles Trampe, second assistant chief barker ; Sam Shurman. third assistant chief barker ; H. J. Fitzgerald, wagon man; Ben Koenig, property man, and E. J. Weisfeldt, Ed Maertz, A, C. Guten- berg, J. O. Kent, Al Kvool, Art Schmitz, canvas men. Committee chairmen have been named as follows : Weisfeldt, enter- tainment : Fitzgerald, ways and means ; Weshner, publicity ; Trampe, finance ; Shurman, house, and Guten- berg, constitution and bvlaws. and Ed Lowery, noted vaudevillian, whose stories were hugely enjoyed. Local enthusiasm ran high for the annual Variety dinner and ball in Pittsburgh. Four of the local bark- ers traveled to the Smoky City. But higher yet is the enthusiasm for the first annual dinner and ball of the local tent. Chief Barker John J. Payette heads the committees, with A. Julian Brylawski the chairman of the gen- eral committee assisted by J. Louis Rome as vice-chairman and Nat B. Browne as secretary. The following committees have been appointed to handle the details : ■Entertainment — Carter T. Barron, chairman; H. E. Lohmeyer, I. Rap- paport, William K. .Saxton, Nat Stiefel, Guy Wonders, L. B. Schloss. Publicity — Lou Brown, chairman; Nelson B. Bell, William C. Ewing, Don Craig, Andrew R. Kelley, Ed- ward de S. Melcher. Advertising — Frank LaFalce, chairman ; E. J. Haley, N. Gold- stein. Reception — Rudolph Berger, chair- man ; Fulton Brylawski, J. A. Burns, Arthur A. Detitta, Rob- ert Etris, John Firnkoess, Hyman P. Rome, A. Lichtman, I. Wein- berg, L. Thalheimer. Seating — James B. Fitzgerald, chairman; A. Bachrach, George Gill, Dr. F. T. Shyne. Hotels and Transportation — Charles Kranz, chairman ; Phil Ershler, R. E. Warn, Roy Knight. Program — Sidney B. Lust, chair- man; Nat Glasser, T. J. Clark, Dan S. Terrell, William S. Wilder. Finance — Sam A. Galanty, chair- man ; L- Garman, C. E. McGowan. Out-of-Town Guests — Harry Hun- ter, chairman ; Hunter Perry, Ed- ward Heiber, Eddie Jacobs. Printing — Charles Schulman, chairman; Robert Smelzer, C. O. Clark. Decorations — Guy Wonders, chair- man; Stephen E. Cochran, Hardie Meakin, A. J. Pratt, Charles Roth, S. Bendheim, Herman A. Blum. Music — J. P. Morgan, chairman; L. Makover, C. H. Olive, Orangelo J. Ratto. For the selling of tickets the mem- bership has been divided into 10 teams, the captains of which are (11 Sam Back. (21 Louis Bernheimer, (3) Harry S. Brown, (4) Frank Durkje, (5) Robert M. Grace, (61 Robert J. Folliard. (7) Sidney B. Lust, (81 William B. Wolf, (91 Hunter Perry, and (10) George A. Crouch. Makes American Debut Hollywood, Oct. 21. — Carol Coom- be, who created the leading role in "Maedchen in Uniform" in the stage version in London, will make her screen debut here in Universal's "Straight from the Heart." which will feature Mary Astor and Roger Pryor. Midwest to Open Depot Omaha, Oct. 21.— Officials of the Midwest Film exchange will open a shipping depot in Des Moines to take care of Iowa exhibitors. Booking will still be done from the Omaha office. To Visit Connecticut Hollywood. Oct. 21. — Anna Sten leaves here this week to attend the opening of her picture. "We Live Again." at the Music Hall Nov. 1 and to visit a number of tobacco farms in New England. The locale of her next picture, "The Wedding Night." will "be a similar farm and she will spend some time among the growers. To Open at Lake Charles Lake Charles, La., Oct. 21. — Bob Clemmons will open his new Ritz about Nov. 15. This will give Lake Charles five theatres. Stuart-Powell Co-Star Hollywood, Oct. 21. — Warners have signed Gloria Stuart to co-star with Dick Powell in "Gold Diggers of 1935." The studio has also completed nego- tiations with Adolphe Menjou for an important role in the picture. Actual production has already started under direction of Busby Berkeley. Para. Picks "Car 99" Hollywood, Oct. 21. — "Car 99" has been chosen by Paramount as the title for the four Carl Detzler short stories now being condensed into one con- tinuity for the screen. End Portland Union Row Portland, Oct. 21. — After disturb- ances with both the operators and musicians, and picketing for four years, the Capitol has gone union again. Under the baton of Monty Banks, a five-piece union orchestra has been engaged. Fox Switches a Title Hollywood, Oct. 21. — Fox has changed the title of Ladislaus Fodor's story, "A Woman Lies." to "Thun- der in the Night." Joe May will direct the picture and Erich Pommer will produce it. Monday, October 22, 1934 MOTION PICTURE DAILY 19 "Richest" Is Philadelphia Hit, $19,000 Philadelphia, Oct. 21— Second runs and second weeks held down the total gross last week, but it still topped average. Helping the cause was $19,000 reaped at the Earle with •'Richest Girl in the World" plus Guy Kibbee, Don Bestor and the Pickens Sisters on the stage. The Gaumont British invasion got off to a good start with "Chu Chin Chow" landing an encouraging $15,500 at the Fox and "Power" holding up to the $7,000 mark at the Locust. Off in the week was "Scarlet Empress," which mustered only $8,500 at the Stanley. Total first run business was $/7,100. Average is $72,730. Estimated takings for the week end- ing Oct. 18: "LAST GENTLEMAN" (U. A.) ALDINE — (1,200), 40c-55c-65c, 2nd week, 5 days. Gross: $5,500. (Average, six days, $7,000) "CLEOPATRA" (Para.) (Second Run) ARCADIA— (600), 25c-40c-50c, 6 days. Gross: $2,100. (Average, $2,400) ^THE BARRETTS OF WIMPOLE STREET" (M-G-M) BOYD— (2,400), 40c-55c-65c, 6 days, 2nd week Gross: $11,000. (Average, $12,000) "RiCHEST GIRL IN THE WOKLJO" (Radio) EARLE— (2,000). 40c-55c-65c, 6 days. Stage- Guy Kibbee, Don Bestor and Or- chestra, Pickens Sisters. Gross: $19,000. (Average. $12,000) "CHU CHIN CHOW" (Gaumont-Bntish) FOX— (3,000), 35c-40c-65c, 6 days. Stage: "Arabian Nights" prelude. Gross: $15,5UO. (Average, $12,000) /r> "NOW AND FOREVER" (Para.) (Second Run) KARLTON— (1,000), 30c-40c-50c, 6 days. Gross: $3,000. (Average, $3,500) "POWER" (Gauraont-British) LOCUST— (1,300), 40c-55c-65c, 6 days. Gross: $7,000. (Average, $7,000) "SCARLET EMPRESS" (Para.) STANLEY— (3,700), 40c-55c-65c, 6 days. Gross: $8,500. (Average, $12,000) "LEMON DROP KID" (Para.) STANTON— (1,700), 30c-40c-55c. 6 days. Gross: $5,500. (Average, $6,000) What N. Y. Critics Think "The Age of Innocence" (Radio) American — It is a handsome production; well directed, exquisitely played, and nos- talgically scented with the fragrance of sweet lavender. Daily Mirror — The Edith Wharton novel has been transferred to the screen with great dignity and charm, serving as a tender love story for Irene Dunne and John Boles*** Daily News — ***tenderly transferred to the screen.***But in spite of its lack of speed the picture never appears to lag. Evening Journal — Characterizations, cos- tumes and furnishings blend into a thor- oughly believable picture of the mauve decade, and the mood, once established, is deftly sustained through a story that interprets understandingly the conventions and standards of another era. Herald-Tribune — ***a dignified, stately and picturesque version of Katharine Cor- nell's decidedly dull drama of several sea- sons ago, "The Age of Innocence." Al- though Mr. Moeller succeeds in captur- ing all the possible charm of the laborious dramatization of Edith Wharton's novel about New York in the 70s and Miss Dunne performs attractively in the Cornell role, I fear that the film edition remains unfortunately lacking in exhilaration. Sun — ** 'entirely satisfying*** Atmosphere and secondary characters are delightful and vivid. Perhaps it is the lack of emotion the handsome but quite placid princi- pals which keeps the film from catching on fire. It should have*** Times — ***has been managed with all pos- sible dignity and sincerity. The players stagnate expertly against the suffocating background of fashionable New York in the solemn Seventies. ***Yet the photoplay at the Music Hall leaves the spectator curiously cold and detached from the rag- ing emotions of the story. World-Telegram — It is as fresh and love- ly, moving and engrossing on the screen it was between covers, a superior picture, admirably acted by its entire cast and superbly directed by Philip Moel- ler, of the Theatre Guild. It Mrs.Wiggs" Tops Buffalo, $18,100 Buffalo, Oct. 21— Columbus day holiday helped all theatres, particularly the Buffalo, where "Mrs. Wiggs of the Cabbage Patch" drew youngsters. Its take was $18,100 against a normal $14,300. "The Barretts of Wimpole Street" also topped average in its second week. Weather was fair and warm. Total first run business was $47,200. Average is $44,800. Estimated takings for the week end- ing Oct. 19 : "MRS. WIGGS OF THE CABBAGE PATCH" (Para.) BUFFALO — (3.500) . 30c-55c, 7 days Stage: Landt Trio & White; Edgar Ber- gen; Carr Brothers & Betty; Three Little Words; Dorothy Crooker. Gross: $18,100. (Average, $14,300) "DEATH ON THE DIAMOND" (M-G-M) "DESIRABLE" (Warners) CENTURY— (3,000), 25c, 7 days. Gross: $7,300. (Average, $6,000) "CLEOPATRA" (Para.) GREAT LAKES— (3,000), 25c-40c, 7 days Gross: $8,600. (Average, $10,000) "THE BARRETTS OF WIMPOLE STREET" (M-G-M) HIPPODROME— (2,100), 25c-40c, 7 days 2nd week. Gross: $8,200. (Average, $8,000) "THE HUMAN SIDE" (Univ.) "THE LOVE CAPTIVE" (Univ.) LAFAYETTE— (3,300), 25c, 7 days. Gross $5,000. (Average, $6,500) "The Last Gentleman" (United Artists) American — A charming picture, at once gay, tender and tearful, serves as the delightful vehicle which again brings that distinguished thespic gentleman, George Arliss, within our cinematic ken. It is the best of his less pretentious produc- tions.*** Daily Mirror — George Arliss plays anoth- er great role and provides more great entertainment with this human, sparkling comedy.*** Daily News — The production is fine all the way through, from the splendid act- ing of the star and cast down to the last detail of the interesting and appro- priate sets. Sidney Lanfield's direction is expert and his cast works harmoniously together. Evening Journal — With his customary charm and skill, George Arliss adds still another memorable characterization to his list of distinguished screen portraits Herald-Tribune — Mr. Arliss is too busy being charming and antiquely elfin -to have much time left in which to give a good performance but minor roles are well plaved by Miss Oliver, Miss Janet Beecher, Ed- ward Ellis, Donald Meek and Ralph Mor gan. Post — "The Last Gentleman," being a study of character, derives almost entire ly from Mr. Arliss's performance. Sidney Lanfield's direction has endowed the pic- ture with touches of sly humor and an authentic New England atmosphere. Sun — George Arliss puts on a one-man show*** proving once more that a vivi(" personality and a shrewd sense of show manship can out-balance a weak story any day. "The Last Gentleman" is pure and simple Arliss, a grand exhibition of the screen's most amusing character actor in top-notch form. That, by the way. is just about all it is. Sometimes it seemed enough. Times — The new photoplay finds both Mr Arliss and the dialogue writers in excel- lent spirits.***Mr. Arliss drops into this featherweight comedy with a genuinely in gratiating gayety. World-Telenram — The return of George Arliss to light comedy is in itself a mat- ter for huzzas; that he should have been so fortunate as to find a good comedy is a circumstance which calls for loud and lusty cheering. "The Man of Aran" (Gaumont British) American — A saga of the sea, awesome in grandeur, terrifying in beauty, storms over the screen of the Criterion to the wail of the banshee and the eerie, moaning mel- odies of Gael. Fascinating in its reality, breath-taking in its magnificence, "Man of Aran" is a cinematic epic filmed with an artistry seldom achieved, rarerly encoun- tered. Daily News — In photographic art, stark realism, and in compelling simplicity it is a photoplay the like of which only rarely visits Broadway. ***does not equal other English imports in many respects, but it is a piece of filmcraft likely to enjoy a deserved welcome to these shores. Evening Journal — ***one of the most magnificent and remarkably vivid photo- graphic studies yet seen on the screen. Herald-Tribune — ***a beautiful and striking chronicle of life in Ireland's wild western islands.***another distinguished point in Mr. Flaherty's career as a real artist of the screen. Post — Certainly it would be hard to match the beauty and thrilling terror of the sea as Flaherty has matched it in this picture. For "Man of Aran" is a study in moods and contrasts, and on the fierce, lean shores of the Aran Islands it shows the pitiless balance between life and death which man is forced to maintain as the price of his survival. Sun — The director has realized to the full not only the startling, fascinating beauty of black battered rock and a sea dashing sky-high above it, he has caught the courage, the stark simplicity of the few who have made of this island a home.***It can not only stand equal to any of Flaherty's works — it towers above thein. Times — ***has made a memorable film*** It is bare, cruel and authentically real; it is ardent with life, and it represents the pure cinema at its best.***immediately joins the great tradition of "Grass," "Tabu" and Mr. Flaherty's own "Nanook." World-Telegram — ***a beautiful and stir- ring film.*** "Cristo" Gets High $16,000 In Cleveland "The Merry Widow" (M-G-M) American — The exquisite, haunting mel odies of the "The Merry Widow," echo- ing down a quarter century, stir to thrilling, sparkling life in the thrush-like throat of Jeannette MacDonald upon the screen of th< Astor Theatre, where the latest Lubitscli triumph glows in all its glory. Scintillant, splendid, it is a production that is robed in beauty, bedecked with the dezzlements of laughter and romance, a delight alike for eye and ear and heart and soul. Daily Mirror — "The Merry Widow" is an excellent film, sparkling, gay and exhilarat ing. It launches the Fall season of "super special productions" most auspicously. Daily News — Now Ernst Lubitsch has taken the familiar story and the more fa miliar but still entrancing tunes and has devised something delightfully fresh and thoroughly entertaining. . . . Evening Journal — . . . Sumptuous sets the delightful Franz Lehar music and deco rative ballets. . . . Co-starring Maurice Chevalier and Jeannette MacDonald, it's a handsomely mounted romance-with-music that has the advantage of some amusing Lubitsch comedy deftly put over by George Barbier, Una Merkel and Edward Everett Horton. Herald-Tribune — Under the brilliant guid ance of the mighty Ernst Lubitsch, "The Merry Widow," that sturdy veteran among the operettas, emerges as a debonair and witty photoplay that reveals the master of cinema high comedy in his brightest mood. Post — Those of you who go to the Astor to see a recapitulation of "The Merry Widow" will find little to refresh your memories. . The picture is completely dominated by the directorial genius of Herr Lubitsch. He has not attempted anything in the way of re vival. The plot outline of the original work has been adhered to, and the music is es sentially that of Lehar, yet the picture emerges with the freshness and originality of a creative work. Sun — Whatever it may have been in its ieyday, "The Merry Widow" is now frothy little farce, sumptuously costumed elaborately set and extremely uneven entertainment. . . . On the whole, good musical comedy entertainment. There are some dull stretches, however, and a compli cated plot to slow it up. Times — It is a good show in the excellent Lubitsch manner, heady as the foam on champagne, fragile as mist and as delicately Cleveland, Oct. 21. — Big money here went to "The Count of Monte Cristo," which took $16,000, over the line by $6,000, at Loew's State. Two holdovers were also in the big money. "Judge Priest" was a big sec- ond week draw with $8,500 at War- ners' Hippodrome and "The Barretts of Wimpole Street" did a fine $5,000 in its second week at Loew's Still- man. Total first run business was $47,500. Average is $41,000. Estimated takings for the week end- ing Oct. 12: "ONE MORE RIVER" (Univ.) ALLEN— (3,300), 20c-30c-40c, 7 days. Gross: $3,000. (Average, $3,000) "JUDGE PRIEST" (Fox) WARNERS' HIPPODROME — (3,800), 30c- 35c-44c, 7 davs, 2nd week. Gross: $8,500. (Average, $6,000) "BIG HEARTED HERBERT" (Warners) RKO PALACE— (3,100), 30c-40c-60c, 7 days. Stage: Paul Ash and Tom Gentry and his Ambassadors with cast of 25. Gross: $15,000. (Average with stage show, $18,000) "COUNT OF MONTE CRISTO" (U. A.) LOEW'S STATE— (3,400), 30c-35c-44c, ? days. Gross: $16,000. (Average, $10,000) "BARRETTS OF WIMPOLE STREET" (M-G-M) LOEW'S STILLMAN — (1,900), 30c-3Sc- 44c, 7 days, 2nd week. Gross: $5,000. (Av- erage, $4,000) gay as a good-natured censor will permit. W orld-Telegram — Here and there, thanks to Ernst Lubitsch's luminous direction, the film is sprightly and amusing enough. More- over, it is deservedly sung and played by the lovely Jeanette MacDonald and Maurice Chevalier and a lot of other good people who are in it. "Happiness Ahead" (Warners) American — It is loaded with laughs, fra- grant with dewy-eyed romance and gay with tantalizing tunefulness. It's a happy hit. *** (Josephine Hutchinson) ***emerges from her debut as an unqualified success, possessing personality, a wistful charm, a whimsical gaiety and a high order of histrionic ability. Daily Mirror — This charming little ro- mance with music suggests "It Happened One Night" and "Servants' Entrance." She (Josephine Hutchinson) is a new type. Daily News — ***a pleasant little comedy with music.***Miss Hutchinson's is an aus- picious dabut, not that she makes a smashing hit in her first screen role, which she does not, but because she shows great promise as stellar screen material. Evening Journal — ***the film emerges as an amiable little romance dotted with songs. Herald-Tribune — ***a frail little comedy ***Miss Hutchinson's first screen appear- ance reveals her as a pleasant heroine and her debut probably can be set down as satisfactory, though not sensational. _ Post — Though Mervyn LeRoy has exer- cised his directorial art to enliven the story with variety and pace "Happiness Ahead" remains resolutely routine. For the home- spun thing it is, it offers an acceptable vehicle for Dick Powell, and little oppor- tunity for Miss Hutchinson to show that her screen debut is in the nature of a sensation. Sun — Mervyn LeRoy's handling of the frothy material is skillful enough to keep the tiny story always going. He's built up atmosphere and comedy, placed the songs where they are most needed. It is still far from a dramatic triumph; but it has a rather charming quality.*** Times — Out of the somewhat prosaic and homely materials of boy and girl ro- mance which composes the fibre of "Hap- piness Ahead," he (Mervyn LeRoy) has manufactured a winning and agreeable film. World-Telegram — ***pleasant, heartwarm- ing and entertaining and a new screen per- sonality who is a distinct surprise and pleasure. The new screen personality is Josephine Hutchinson.*** Completely DEPENDABLE THE dependability of Eastman Super- Sensitive Panchromatic Negative is not based entirely upon its well-known uni- formity. It is the original, inherent quality of the emulsion. ..its constant ability to help producers and cameramen make the most of every picture... that completes its depend- ability.. .that seals the acceptance which this famous film enjoys. Eastman Kodak Company. (J. E. Brulatour, Inc., Distribu- tors, New York, Chicago, Hollywood.) EASTMAN Super-Sensitive Panchromatic Negative MOTION PICTURE DAILY Alert, Intelligent Faithful Serviced the Imfistry in All Branches VOL. 36. NO. 96 NEW YORK, TUESDAY, OCTOBER 23, 1934 TEN CENTS Fox Theatres Petition for New Deal Out Withdrawn from Court; Resume Probe Nov. 8 The petition for reorganization of Fox Theatres Corp. was voluntarily withdrawn by ex-Judge Charles Kelby, ,-ounsel for petitioning creditors, at a hearing before Federal Judge Mar- tin T. Manton yesterday. Kelby stated that all claims filed against Fox Theatres would be ex- amined on their merits by a special master on Nov. 8 and received Judge Manton's permission to reinstate the reorganization petition thereafter if deemed advisable by the valid credi- tors. Counsel for creditors of Fox Metropolitan Playhouses opposed the reorganization petition for Fox The- atres on the ground that it was filed (Continued on page 7) U. S. Supreme Court Refuses To Review Clearance Appeal Washington, Oct. 22. — Denying a petition of Fae Robison of the Seville Theatre, Inglewood, Cal., for review of the case, the U. S. Supreme Court today in effect affirmed a decision of the Ninth Circuit Court of Appeals in a suit brought by the exhibitor against First National, M-G-M, Universal, Fox and the Los Angeles Film Exchange Board of Trade, seeking to recover for damages alleged to have resulted from a rezoning of the house. The suit charged violation of the Sherman Anti-Trust Act by the defendants in conspiring to refuse to furnish product in "fair competition" with a competitor and in arbitrarily shifting the Seville, but not other houses, out of the Inglewood zone and into Los Angeles. A verdict in favor of the exhibitor, carrying a judgment of $35,336, was reversed by the Circuit Court of Appeals. Charles Skouras in For FWC Discussion Charles Skouras and his secretary, Edward Zabel, arrived from the coast yesterday and immediately went into session with officials of Chase National Bank and Hughes, Schurman & Dwight on reorganization plans for Fox West Coast. The meeting lasted all day. Charles Buckley, attorney for F. W. C, was delayed the last min- ute on the coast and did not accom- pany Skouras and Zabel. Buckley will come on later. The downtown meetings are expected to last sev- eral weeks. Chrysler Air-Conditioning Ready; F. B. Warren Gets It N. 0. Exhibitors to Invite MPTOA There New Orleans, Oct. 22. — Local ex- hibitors at a meeting to be held in the near future will draft a formal invita- tion to M. P. T. O. A. to hold its next annual convention here at Mardi Gras time next February. It is understood that holding of the 1935 convention here was discussed at this year's gathering at Los Angeles and is viewed with favor by influen- tial M. P. T. O. A. officers. Many Pastors Talk Films; Silent Here Sunday was the day set for Protes- tant sermons on the subject of clean films throughout the country. For more than two months the Federal (Continued on page 5) Chrysler-made equipment for cool- ing, heating and ventilating theatres will be sold, distributed and installed exclusively in the United States by the Control Corp. of America, formed and headed by F. B. Warren. The company marks a return into business for himself of the veteran distributor who for the past six years has been a sales executive with Erpi. Advent into the air-conditioning field was made recently by the motor manufacturer whose son, Walter P. Chrysler, Jr., as president heads Air- temp, Inc., the distributing organiza- tion which will itself handle all sales, (Continued on page 6) Michigan Takes in 1933 $14,124,000 Washington, Oct. 22. — Michigan's 406 theatres last year had box-office receipts of $14,124,000 and expended $3,072,000 on payrolls, according to figures made public tonight by the U. S. Census Bureau. The bureau's report showed 100 the- atres in Detroit, with receipts of $7,143,000 and payrolls of $1,881,000; 17 in Flint with receipts of $656,000 and payrolls of $119,000; 21 in Grand Rapids with receipts of $606,000 and (Continued on page 6) Actors Move to Ask An A. F. of L. Charter Hollywood, Oct. 22. — A tentative proposal to obtain a charter in the American Federation of Labor, it was learned yesterday, is to be submitted to the board of directors of the Screen Actors' Guild. This is the first step toward combating the recent refusal (Continued on page 6) Production Falls Off on the Coast Hollywood, Oct. 22. — Production continues to recede, with a total of 36 features and eight shorts in work as compared to 38 features and six shorts before the cameras for the preceding week. In addition, there are 20 features and 12 shorts in the final stage of prepar- ation, while 51 features and 21 shorts are in the final stages of editing. Warners continue to lead the field with eight features in work, two pre- paring and editing; M-G-M has (Continued on page 6) Para. BVay Plan Opponents Active The bondholders' plan of reorganiza- tion for Paramount Broadway Corp., the subsidiary owning title to the Par- amount Building and Theatre in Times Square, was revealed yesterday to be still in a form displeasing to minority creditor groups. A hearing on the plan and objections to it was postponed to Nov. 12 by Referee John E. Joyce at the request (Continued on page 6) Par amount -Quittner Deal Going to Joyce The agreement by which Paramount Publix pays to Edward Quittner $10,000 in settlement of the $5,100,000 Quittner anti-trust suit will be filed today with Referee John E. Joyce. An application for an order from (Continued on page 6) New Code Cost Plan Unfair, Says Johnston Rifkin Also Opposed to Burden on Indies Monogram is the first independent to protest against the revised producer- distributor assessment plan announced by the NRA late last week. Both W. Ray Johnston, president of Monogram and a member of Campi, and Herman Rifkin, Boston franchise holder, have voiced dissatisfaction over the revised schedule. Johnston's protest was made in the form of an announcement to the press, while Rif kin's objections were sent to Code Authority, which is forwarding the letter to Washing- ton. All protestants against the new plan must file objections by Oct. 30 when a hearing will be in Washington. The schedule is out of Campi's hands now and future action rests with the De- partment of Research and Planning. Last week Harold S. Bareford, a (Continued on page 7) Exhibitor Protests On Cancellation Up Exhibitor objections to a provision in the 10 per cent cancellation clause in uniform contracts will be discussed by Campi's legal committee tomor- row. Theatre owners are protesting the clause on the grounds that dis- tributors, after cancelling a picture in the higher brackets, substitute a low- er rental film by raising the ante to meet the price of the cancelled film. In other words, if an exhibitor can- cels a picture priced at $250 in the (Continued on page 7) Seating Code Goes Over Indefinitely Washington Oct. 22. — The Na- tional Recovery Administration today announced that the code for the pub- lic seating industry had been con- tinued indefinitely, pending a deter- mination whether the trade needs a more inclusive code. The code was originally approved in July for a 90-day period, with a (Continued on page 7) Richards Here for Saenger Conference E. V. Richards, trustee and oper- ating head of Saenger Theatres, ar- rived from New Orleans yesterday for conferences with the Paramount Publix trustees and their counsel on (Continued on page 6) MOTION PICTURE DAILY Tuesday, October 23, 1934 MOTION PICTURE DAILY (Registered U. S. Patent Office) Vol. 36 October 23, 1934 No. 96 Martin Quigley Editor-in-Chief and Publisher MAURICE KANN Editor JAMES A. CRON Advertising Manager Published daily except Sunday and holi- days by Motion Picture Daily, Inc., sub- sidiary of Quigley Publications, Inc., Martin Quigley, President; Colvin Brown, Vice-President and Treasurer. Publication Office: 1790 Broadway, New York. Telephone Circle 7-3100. Cable ad- dress "Quigpubco, New York." All con- tents copyrighted 1934 by Motion Picture Daily, Inc. Address all correspondence to the New York Office. Other Quigley pub- lications: MOTION PICTURE HERALD BETTER THEATRES, THE MOTION PICTURE ALMANAC and THE CHI- CAGOAN. Hollywood Bureau: Postal Union Life Building, Vine and Yucca Streets, Victor M. Shapiro, Manager; Chicago Bureau: 407 South Dearborn Street, Edwin S. Clif- ford, Manager; London Bureau: Remo House, 310 Regent St., London, W. 1, Bruce Allan, Representative. Cable address: "Quigpubco, London"; Berlin Bureau: Berlin-Tempelhof, Kaiserin-Augustastrasse 28, Joachim K. Rutenberg, Representative; Paris Bureau: 19, Rue de la Cour-des- Noues, Pierre Autre, Representative; Rome Bureau: Viale Gorizia, Vittorio Malpassuti, Representative; Sydney Bureau: 102 Sus- sex Street, Cliff Holt, Representative; Mex- ico City Bureau: Apartado 269, James Lockhart, Representative; Glasgow Bureau: 86 Dundrennan Road, G. Holmes, Repre- sentative; Budapest Bureau: 3, Kaplar-u, Budapest, II, Endre Hevesi, Representa- tive; Moscow Bureau: Civtzev Vrazhek, N 25, Apart. 146, Moscow, U. S. S. R., Bella Kashin, Representative. Cable address: Samrod, Moscow. Entered as second class matter, January 4, 1926, at the Post Office at New York City, N. Y., under Act of March 3, 1879. Subscription rates per year; $6 in the Americas, except Canada $15 and foreign $12. Single copies: 10 cents. Erpi Promotes Three Three promotions have been made public by Erpi. W. E. Woodward has been advanced to acting sales manager of the southeastern division. H. O. Duke is now acting assistant sales manager in the same division without relinquishing his old post of credit and collection manager of the division. R. W. Horn has been ap- pointed assistant sales manager of the northeastern division. He will be re- sponsible for sales in the metropoli- tan area, New Jersey and the Hud- son valley. "U" Starts 3 on Oct. 29 Hollywood, Oct. 22. — Universal will come out of the temporary pro- duction slump on Oct. 29, when three pictures will get under way. Films slated for the camera on that date are "Straight From the Heart," starring Baby Jane with Kurt Neu- man directing; "I've Been Around," starring Chester Morris, both B. F. Zeidman productions, and a serial, "Rustlers of Red Dog," top spotting Johnny Mack Brown and Raymond Hatton. Lewis Friedlander will direct. Carl Laemmle, Jr., Sails Hollywood, Oct. 22. — Carl Laem- mle, Jr., is en route to New York on board the 6". S. Santa Rosa, which is scheduled to dock there Nov. 5. He sails for Europe a week later on a three months' vacation. He is accom- panied by Harry Zehner. Sonotone Convention Told of New Devices Dr. Hugo Lieber, president of Sonotone, yesterday announced three new developments of the company's hard-of-hearing apparatus as the first of a three-day second annual conven- tion opened at the Park Central. He stated Sonotone is putting out a new single transmitter, which looks like a jewel instead of a piece of equip- ment ; a new development in the group equipment field for theatres, churches, auditoriums and schools, and a new portable recording equipment whereby the human voice can be recorded and later reproduced for schools and col- leges. Talking before 350 representatives from the United States, London and Paris, Dr. Lieber said that a new era for the hard-of-hearing is at hand in that for the first time individuals having difficulty with their hearing can have devices fitted to their par- ticular needs just as glasses are tested for persons having trouble with their eyesight. An increase of more than double the number of dealers was announced when it was stated that the company now has more than 700 sales repre- sentatives in the U. S., compared to 350 last year. In the foreign field, an increase in dealers also was noted. Whereas the company had only six in 1933, it now has a total of 35. It was estimated that sales for 1934 will run around $1,250,000, compared to $766,000 last year and $242,000 in 1932. Dean Babbitt, vice-president and general sales manager, introduced the speakers. P. Oliver Goldsmith, Lon- don, and Jules LaFevre, Paris, repre- sentative, also attended. Theresa Helburn Signed Theresa Helburn, playwright, direc- tor and member of the New York Theatre Guild Board of Management, has been signed by Columbia. Her contract calls for her to be present at the studio for eight months of the year to assist Harry Cohn in an ex- ecutive capacity. Depinet, Mallard Delayed Hollywood, Oct. 22. — Ned E. Depi- net, RKO Radio president, and Wil- liam Mallard, general counsel, were delayed in starting their return trip to New York this week-end. Present plans call for their departure tomor- row by plane, to arrive in New York Wednesday. Lewis and Others on Fast Burlington Run Hollywood, Oct. 22. — Jack Lewis of Radio leaves here tonight for New York on the new Burlington Zephyr, the streamline test train that is set to make the trip in 60 hours. Aside from newspaper representa- tives, Anita Louise and Henry Hull will represent Hollywood on the trip. Both players, while in New York, are scheduled to make personal appear- ances with their latest pictures, Miss Louise at the Strand where "Madame DuBarry" opens Wednesday and Hull at the opening of "Great Expecta- tions" which will probably open at the Music Hall in the near future. Fan Club Federation Now Getting Started Fan clubs are forming a federation — an international federation, no less. Eighteen of them are already in, the sponsors say, and others are being added. They claim to be "constructive forces." "We aim to be the champions of the stars, to see that they get a square deal at the hands of the public and the press," says a statement by Gwen Troughton, president of the federa- tion. "Now is our chance to ascend the throne which has long been with- held from us. With your active in- terest, this can easily be accom- plished." To Meet Sophie Tucker The American Federation of Act- ors is planning a welcome home party to Sophie Tucker on her return from England Nov. 1. A tug has been chartered to go down the bay to meet the Manhattan, on which she is re- turning, and a fleet of 15 cars will meet her at the pier for a parade up Broadway. Columbia Dividend Set Columbia Pictures Corp., has de- clared a regular quarterly dividend of 75 cents on its preferred stock, pay- able Dec. 1, to stockholders of record Nov. 15. Kent Back from South S. R. Kent, president of Fox, is back in New York from a vacation trip at White Sulphur Springs and returns to his desk this morning. Trading Light on Big Board Net High Low Close Change Columbia Pictures, vtc 3744 36 36 —14$ Consolidated Film Industries, pfd 15J4 15 15 Eastman Kodak 10344 10244 10244 — *4 Fox Film "A" 1344 13*$ 13*$ — *4 Loew's, Inc 31*1 3041 30*4 — 4$ Paramount Publix 44$ 4*$ 4*$ — *$ Pathe Exchange 1*4 1*4 1*4 + *$ Pathe Exchange "A" 13*4 134$ 134$ — *$ RKO 2*4 2*4 2*4 Warner Bros 4% 4?4 444 — *$ Technicolor Off Vs on Curb Net High Low Close Change Technicolor 13*$ 1244 12% — *$ Warner Bonds Drop Half Point Net High Low Close Change General Theatre Equipment 6s '40 74$ 64$ 7 + *$ General Theatre Equipment 6s '40, ctf 7 7 7 + 54 Paramount F. L. 6s '47 5844 584$ 583/$ — 4$ Paramount Publix 5*4s '50 58*4 SSH 583/$. — *$ Warner Bros. 6s '39, wd 6034 59*4 59*4 — *4 Sales 500 1,200 400 1,200 3,800 7,000 900 200 600 2,000 Sales 600 Sales 7 12 42 22 7 < Purely Personal ► JOHN C. FLINN, George Dem- bow, Sam Dembow, Ed Schnitzer, Nat Cohen, David Loew, Louis Phillips, Sam Rinzler and Mort Spring among the luncheoners at the M. P. Club yesterday. Joseph J. Rosenthal, secretary of Consolidated Theatres, Ltd., of Can- ada, leaves for Montreal today and returns Friday. J. Arthur Hirsch, president, is now in Montreal. Mervyn LeRoy, accompanied by Mrs. LeRoy, will leave for New York as soon as he finishes cutting "Sweet Adeline." Berthold Viertel, director of "Lit- tle Friend," who came here to attend the opening at the Roxy, sails for England today on the Washington. Faith Baldwin has completed a four-day contract with M-G-M on the coast and is due back in New York later in the week. Harry C. Arthur gets back from the coast on Saturday. Jack Par- tington will probably wait until Arthur returns before heading west. Stephen E. Fitzgibbon is en route back to Paramount's Joinville studio aboard the lie de France after a visit of several days here. Dr. Karl Fischel of the N.V.A. Sanitarium in Saranac, N. Y., was in town yesterday conferring with Har- old Rodner. Dave Palfreyman returned yes- terday from a three weeks' survey of theatre conditions in the south and southwest. Regis Toomey is on his way to the coast after a one-week stay in New York. Seton I. Miller, writer, and Mrs. Miller arrived yesterday on the Santa Lucia from the coast. Ferdinand Weyher's and Frank Wead's "Lady With a Badge" has been bought by Warners. Louise Henry, M-G-M player, is in town for a six weeks' vacation. It's the first in a year. Louis Weinzimmer of Progressive Poster returned yesterday from Pitts- burgh. Milton Weiss of M-G-M has been added to the A. M. P. A. publicity committee. M. H. Hoffman, president of Lib- erty, reached the coast yesterday by plane after a week in New York. Edward Raferty returns from a midwest tour on Thursday. Hal Roach has gone back to the coast after a week here. Ed Kuykendall is due in town Thursday. Dave Diamond plans to leave for the coast within the next few days. Budd Barksy now plans to leave for Hollywood tomorrow afternoon. Magazines Change Hand Macfadden Publications have taken over Photoplay and Shadowland. First issues under the new management will be under December issue. This gives Macfadden three fan magazines, the other being Movie Mirror. AIR-CONDITIONING FOR THEATRES Now another nationally-advertised name can lake its place on your theatre's marquee: Air-Condi- tioned by Chrysler. The genius that developed not one, but four great lines of cars and advanced them from 7th place in output in 1924 to 2nd place in world output in 1933, will now effect a revolution in the virtually new industry of air-conditioning. The Chrysler-made equipment in this field will possess the quality and excellence of this mighty manufacturer's automotive output. A special organization has been formed to bring the air-conditioning systems produced by Chrysler and marketed by Airtemp Incorporated into the theatres of the nation. Turn for the Announcement — This ORGANIZATION WILL SELL IT Control Corporation of America has been organized to sell, install and maintain the Chrysler-made air- conditioning system in tlx- theatres of the United States. It has been organized and is headed by F. B. Warren, who for twent) year- has been known to almost everyone in the field of theatre ownership and management. Installations w ill begin in December in a group of the country's outstanding theatres. Between January ami May 1, 300 installations will be available. One-half of these have been allotted to those state- where summer is at hand by May. Each installation is a tailor-made job designed to meet the requirements of vour theatre. A national sales-engineering staff has been assembled to solve your specific problems. Price quotations of most attractive character will be made after a survev from the New liork head office of Mr. Warren's organization. f^ontrol CORPORATION OF AMERICA 250 West 57th Street New York City TELEPHONE Circle 7-0077 Authorized by AIRTEMP INCORPORATED, World Distributors of Air Conditioning Products of Chrysler Motors MOTION PICTURE DAILY Looking 'Em Over "Pursued" (Sol WurtzeUFox) The old story of lust and villainy in the Near East pops up again in "Pursued," which has sufficient color and capable acting to overcome its triteness of theme and win for itself a listing as moderate entertain- ment. This time the villain is Victor Jory, whose word is law in the East Indian island where he rules the plantation seized by him after slaying Russell Hardie's father. When Hardie, who does not know the true facts of his father's death, arrives from the States to take over the plan- tation, Jory tries to get him out of the way. Temporarily blinded by the beating he receives from Jory's henchmen, Hardie is taken in by Rose- mary Ames, a woman of easy virtue who performs in a native hot spot. She nurses Hardie, who idealizes her into something she is not. Both fall passionately in love. The girl, fearful the youth will despise her when he recovers his sight and discovers the truth about her, makes arrangements to return to the States in the hope of redeeming herself. Her plans are blasted when Jory carries her off against her will. When Hardie regains his sight he is terribly disillusioned. Things are only made worse when he meets her at Jory's place. His enmity against the youth now sharpened by jealousy, Jory goes gunning for him. Hardie is saved when Miss Ames warns him. In the fight that follows Jory is slain. This paves the way for the reunion of the lovers. Pert Kelton lends comedy to the story. Louis King directed. Code seal No. 109. Running time, 70 minutes. « Lost in the Stratosphere" (Monogram) An entertaining melodrama in which two buddies are always after each other's new girl friend and climaxed by William Cagney winning out over Edward Nugent with June Collyer. The story has as its background the army air corps with Nugent as first lieutenant and Cagney second lieutenant. Both get a great kick out of playing innocuous pranks on each other when a new girl enters the scene, but split between the pals comes when Cagney innocently falls in love with Miss Collyer, and vice versa. The heroine had come to visit her fiance, Nugent, who is out-of-town at the time, and is picked up by Cagney. Believing the informal acquaintanceship unimportant, Miss Collyer gives Cagney her maid's name and after a quick courtship they fall in love. When Nugent returns from a flying expedition, he learns about the affair and ends his friendship with Cagney. Both are assigned to go up in a balloon bound for the stratosphere. The balloon gets into an electrical storm and Nugent knocks Cagney out cold after the latter has donned a parachute and throws him out. Cagney lands safely, but Nugent is later hurt when the balloon crashes. Nugent admits Cagney has won Miss Collyer and in planning other flights he thinks Cagney should stay at home. Satisfying entertainment. Running time, 64 minutes. No code seal. Seattle Tips High $8,700 To "Priest" Tuesday, October 23, 1934 Six Films Set To Start At Twickenham By BRUCE ALLAN London, Oct. 22. — Six productions ;i inounced by Julius Hagen at the inauguration of the new floor at Twickenham will be distributed t'irough Gaumont-British. They are "Al at Lloyds," the spec- tacular history of the famous shipping institution; "Squibs," with Betty Bal- four; "The Morals of Marcus," with Lupe Velez : "Vintage Wine," with Seymour Hicks ; "The Private Life of Sherlock Holmes," with Arthur Wont- ner, and "Oliver Cromwell," from the Richard Fisher story. * * * Cosmopolitan Picture Corp. is look- ing for a studio site at Sheffield. It plans the first modern plant in the irovinces, though Sheffield made >ilents in the very early days. The scheme for a plant at Stanmore, near Elstree, put forward by Film Plays, Ltd., has been rejected by the local council. * * * Western Electric have now re-wired .188 British theatres previously equipped with other systems. * * * Poster and still displays for "The House of Rothschild" at Bristol have been disfigured by Fascist cranks who painted swastikas over the frames. Film continued to play to capacity. * * * Both Paramount and Gaumont- British secured news film showing the actual assassination of King Alexan- der. Versions shown eliminated the lynching of the murderer, which had been filmed in full, but include the sabre strokes with which Colonel Pio- let felled him and Gaumont-British had a close-up interior of the car showing the dying king. Some London theatres had out special banners ad- vertising these films which had a big press and were viewed by Scotland Yard officers trying to identify faces in the crowd. * * * Harry Eddington arrived with Bar- bara Kent, and stated that Garbo was willing to do a film in England, terms and story suiting. Among other things will confer with Al Santell, whose plans, following his parting with Toeplitz, are at present unsettled. Brandon Tynan New Actors' Guild Head Brandon Tynan has been elected president of the Catholic Actors' Guild of America. Other new officers are: first vice-president, Gene Buck; sec- ond vice-president, Wallace Ford ; treasurer, Rev. John F. White; secre- tary, Donald Brian; chairman of the executive board, Pedro De Cordoba; executive committee, Elizabeth Loner- gan and Mrs. John Cross; chairman of the advisory board, Fred Timms. Father Leonard, pastor of the Actors' Church, will remain as chaplain. Buck, who has served three terms as president, has been given a life membership in recognition of his services. U. S. Films Lead in Finland's Theatres Washington, Ost. 22. — American pictures hold a dominant position in Finland, according to a report from Consul Cyril L. Thiel, in Helsingfors, made public by the U. S. Department of Commerce. About 75 per cent of all the films exhibited there are of American origin. While the number of theatres has declined, box-office receipts have in- creased. This, it is stated, is due to improved business conditions. Goldstone Is M-G-M Associate Producer Hollywood, Oct. 22.— Phil Gold- stone has joined M-G-M as an asso- ciate producer. His first will be "Mala" and his second "Bottom of the Sea." Schenck and Zukor To Be Ampa Guests Nicholas M. Schenck and Adolph Zukor will headline the Ampa guest roster at the meeting Thursday at the M. P. Club. It marks the first time Schenck and Zukor have con- sented to appear at the Ampa and President William R. Ferguson is credited with the coup. Other celebrities are being lined up and will be announced today. A rec- ord turnout is expected. Flash Preview Lightning Strikes Twice — A weak story keeps this one uninteresting al- though it has able cast portrayals. This film will be reviewed in full in a later issue of Motion Picture Daily. Seattle, Oct. 22.— "Judge Priest" was an outstanding hit here last week at the Fifth Avenue. The $8,700 take was over normal by $1,700. Grosses elsewhere were only mild. "Have a Heart," with a stage show, was slightly over average at $6,100 in the Paramount and "Gift of Gab" was $100 up on a $3,600 take at the Music Box. Total first run business was $31,200. Average is $31,000. Estimated takings for the week end- ing Oct. 20: "COUNT OF MONTE CRISTO" (U. A.) BLUE MOUSE— (950), 25c-40c-55c, 7 days, 2nd week of extended run from Music Hall. Gross: $3,850. (Average, $4,000) "JUDGE PRIEST" (Fox) FIFTH AVENUE— (2,450), 25c-40c-5Sc, 7 days. Gross: $8,700. (Average, $7,000) "DUDE RANGER" (Col.) "MOST PRECIOUS THING IN LIFE" (Columbia) LIBERTY— (1,800), 10c-15c-25c, 7 days. Gross: $3,650. (Average, $4,000) "GIFT OF GAB" (Univ.) MUSIC BOX-(950), 25c-35c-50c, 7 days. Gross: $3,600. (Average, $3,500) "MADAME DU BARRY" (Warners) MUSIC HALL— (2,275), 25c-40c-55c, 7 days. Gross: $5,300. (Average, $6,500) "HAVE A HEART" (M-G-M) PARAMOUNT— (3,050), 25c-35c, 7 days. Stage: "Girls in Cellophane." Gross: $6,100. (Average, $6,000) Many Pastors Talk Films; Silent Here {Continued from page 1) Council of Churches of Christ in America has been sending out mate- rial to pastors upon which they were to prepare sermons, if they wished. Monday's New York Times, Her- ald-Tribune and American made no reference on the pages devoted to Sun- day sermons of any mention of films from pulpits here. Dr. Worth M. Tippy, executive secretary of the council, said no check up was being made of the num- ber of pastors who responded to the call. He estimated the number who had done so at between 25,000 and 50,000. He said he hoped that as a result of this work Better Films Councils would be formed in each reli- gious district throughout the country. Distribution of pledges would be con- tinued, he said, but no plans have been made for furtherance of the clean films drive. Sees Film Improvement In her biennial report to the Inter- national Federation of Catholic Alum- nae Mrs. James F. Looram of Elm- hurst, Queens, says there has been an improvement in films since the inauguration of the Production Code Administration. Para. Sets Two Titles "Me Without You" has been selected as the definite title of the musical based on the original, "One Hour Late," which Paramount is producing. "Once in a Blue Moon" will be the release title of the Jimmy S^vo fea- ture being produced at the Eastern Service Studios for Paramount. 6 VtOTION PICTURE DAILY Tueiday, October 23, 1934 Para. BVay Plan Opponents Active (Continued from page 1) Chrysler Air-Conditioning Ready; F. B. Warren Gets It of counsel for Paramount Publix trus- tees. The adjournment was granted over the objections of Malcolm Sum- ner, counsel for opposing Paramount Broadway bondholders. The trustees' counsel reported that conferences aimed at removing features of the re- organization plan which have been ob- jected to are being continued and progress is being made. Pending acceptance of the reorgan- ization plan, Paramount Broadway's $44,000,000 claim stands against Para- mount Publix. Paramount-Quittner Deal Going to Joyce (Continued from page 1) Joyce directing the Paramount trus- tees to produce books and records of the company's foreign subsidiaries for examination by Edwin L. Garvin, counsel for three Paramount bond- holders, was put over to Oct. 29 for hearing. Garvin's petition charges that accountants retained by him to study the books had been refused informa- tion on salaries paid to executives as- sociated with the foreign subsidiaries. New Para.-Bank Delay A petition for examination of of- ficials of Paramount Publix creditor banks, sought by trustees of the debtor under Section 21-A of the bankruptcy laws and scheduled for hearing yes- terday before Referee John E. Joyce, was postponed to Nov. 12. Richards Here for Saenger Conference (Continued from page 1) a revision of the plan of reorganiza- tion for Saenger which, according to reports, may result in lessening the Richards stock interest in the new Saenger company. Except to explain that the situation is still in the discussion stage and that he is unable to make public com- ment on what is the "concern of the trustees," Richards declined to dis- cuss the current conferences. He will be here another three or four days. It is understood that the Paramount trustees feel that Paramount should have more influential participation in the new Saenger company than is pro- vided in the original plan of reorgan- ization. Cohen in on Para. Plan Emanuel Cohen, Paramount studio head, arrived from the coast yester- day for conferences in connection with the Paramount Publix reorganization. He expects to remain two or three weeks. Henry Herzbrun starts easi tomorrow for the same purpose. Disallow $50,000 Claim A claim of $50,000 filed against Paramount Publix by Liberty Prod, was disallowed and expunged in an order handed down yesterday by Fed- eral Judge Alfred C. Coxe. (Continued from page 1) under the sales management of H. C. Jamerson, except in the theatre classi- fication granted to Warren's company. For the manufacture of the equipment itself, in all fields of air-conditioning, there is the Chrysler-owned Amplex Corp. with its plant in Detroit. Readiness to make immediate sur- veys and installations in theatres is stressed by Warren with the statement that equipments are available for quick delivery and that the executive operat- ing staff of the Control Corp. has been named. The head of the engineering staff will be Andre Merle, and all engineer- ing and air-conditioning equipment problems will be under his direction. Merle's experience in air conditioning dates from his discharge from the mili- tary service in 1922. He served in the regular army with the First Division Engineers and with the French Colo- nial Army during the World War. He has had wide experience in all phases of air conditioning; industrial, commercial and transportation ; thea- tres, department stores, banks. While with the Carrier Engineering Corp. he worked on the design and installa- tion of such plans as the Chrysler and Lincoln Buildings, New York, and the J. L. Hudson department store, Detroit. For the last three years he has been connected with Clyde R. Place, con- sulting engineer in air-conditioning and for Place has worked on the Rockefeller Center development in- cluding stores and theatres, and on the design of the new Government Archives Building in Washington. The value of the air-conditioning, cool- ing and refrigeration work under Merle's supervision on these develop- ments alone exceeds $10,000,000, ac- cording to Warren. Names Additional Executives William E. Harkness will be the traffic and contracting consultant. For 30 years he was with the American Telephone and Telegraph Co. and for years head of its radio activities. He was the builder and executive in charge of Station WEAF, later dis- posed of to National Broadcasting. For the last seven years he has been an executive of Erpi. He will be ex- ecutive adviser to Warren. Arthur E. Ralph, also for years with Erpi and prior to that with R. Hoe & Co., and Winchester Arms Co., will head Control's division of survey and installation as well as be assistant treasurer of the corporation. Ralph was plant engineer of Win- chester Repeating Arms Co. I. M. Magnus will be secretary. Announcement of the personnel of the. sales organization of Control Corp. of America will be made shortly. In- stallations will be handled on time payments to good business risks, it is declared. Warren's return to personal opera- tion within the theatre field comes after six years association with Erpi. He was one of the founders as well as vice-president in charge of sales and distribution of the original Goldwyn Co., later merged into Metro-Gold- wyn-Mayer. He was the founder, gen- eral manager and his own sales man- ager of Associated Producers, the or- ganization that embraced as its pro- Production Falls Off on the Coast (Continued from page 1) six, two and ten; Paramount, six, two and four ; Fox, four, four and five ; Universal, three, two and one; 20tb Century, one, zero and zero ; Colum- bia, one, three and six ; Radio, one. one and eight ; Roach, zero, zero and one, while the independents show a to- tal of six, four and six. In the short subject division M-G-M reports one before the cameras, four preparing and five editing; Roach, one, one and one; Universal, one, zero and one ; Columbia, one, two and one ; Radio, one, two and six, while the independents show a total of three, three and seven. Michigan Takes in 1933 $14,124,000 (Continued from page 1) payrolls of $108,000; seven in Lansing with receipts of $377,000 and payrolls of $74,000; seven in Kalamazoo with receipts of $344,000 and payrolls of $69,000; 13 in Saginaw with receipts of $316,000 and payrolls of $58,000; eight in Jackson with receipts of $274,- 000 and payrolls of $61,000; four in Pontiac with receipts of $234,000 and payrolls of $40,000, and three in Dear- born with receipts of $53,000 and pav- rolls of $13,000. All Seattle Sunday Shows Told to Stop Seattle, Oct. 22. — The Superior Court here has issued a writ of man- date requiring the closing of all Seat- tle and King county theatres and all other forms of amusement on Sunday. The writ is also extended to cover all grocery stores and drug stores. No attempt was made by local offi- cials to enforce the closing law yes-' terday, but all the defendants were directed to appear in court Friday to show cause why the Sunday closing should not become effective starting next week. The suit appears to be an attempt to make the old Sunday closing law so! unpopular that it will be repealed and beer sales on the Sabbath will be per- missible. Local theatres are scheduled to or- ganize today to form plans to contest the court order. Actors Move to Ask AnA.F.of L. Charter (Continued from page 1) of producers to accept the guild's new contracts and working hours. The proposal was drawn up last week at a meeting in the home of Robert Montgomery, who represented the guild along with Kenneth Thomp- son and Arthur Byron, and Frank Gillmore, president of Actors' Equity Ass'n., and I. B. Kornblum, attorney, for Equity. The proposal for the charter will be presented to the guild at a meeting scheduled here tomorrow. ducer-owners Thomas H. Ince, George Loane Tucker, Maurice Tour- neur, Mack Sennett, J. Parker Read, Jr., and Marshall Neilan. Warren will retire from Erpi Dec. 31 He said yesterday Control Corp. is in no way connected with Erpi. T(W" HIGH INTENSITY ILLUMINATION FOR THE SMALLER THEATRES A.C. National High Intensity A. C. Projector Carbons for the new A. C. High Intensity lamps. Designed for arc currents up to 80 amperes. D.C National SUPREX Car- High Intensity lamps. Designed for arc currents of 40-65 amperes. ATTRACT NEW PATRONAGE WITH SNOW WHITE, HIGH INTENSITY Saf SCREEN ILLUMINATION. Tuesday, October 23. 1934 MOTION PICTURE DAILY New Code Cost Plan Unfair, Says Johnston (Continued from page 1) member of the code finance committee, conferred with NRA officials on the (assessments, following which the plan :was approved. In his letter, Johnston expresses the (belief every independent producer and distributor will protest. He adds : "When the original figures were an- nounced in July, numerous protests, I understand, came in from independent producers and distributors and it was announced that the figures would be thrown out. The result now seems to be that some of those protesting are ito get an assessment several times higher than the original figures. "A second assessment was prepared which was even more unfair than the first and this, I was told, was thrown out by the Government. "As I understand it, people in the higher bracket doing business of $1,750,000 to $25,000,000 are to be as- sessed on a basic rate of .09 per cent to .19 per cent, while the little fellows doing from $10,000 to $875,000 are to be assessed on a basic rate of from .23 per cent to 1.20 per cent. "I cannot believe that the Govern- ment will allow any such assessment basis to be put over on the little fel- low. I have contended from the begin- ning that there is only one equitable basis of assessment, and that would be on the following basis : "Assessment of distributors shall be based on the pro-rata percentage that each distributor's gross income from film rentals for the year 1933 bears to the total sum of $180,000, which is to be paid by the distributor members for their share of Code Authority costs." Johnston left for the coast Saturday and will stop off at a number of key cities. He will not be back in time for the Washington hearing, but it is ex- pected that Edward Golden, general sales manager of Monogram, will at- tend. Seating Code Goes Over Indefinitely (Continued from page 1) provision that a study be made with a view to the establishment of a more inclusive code comprehending those businesses competitive or po- tentially competitive in nature. The NRA is also going ahead with another attempt to develop a code for the film and theatre equipment supplies trade and will hold a hear- ing Nov. 2. A code submitted by the Independent Theatre Supply Deal- ers' Ass'n. will be considered at the hearing. Exhibitor Protests On Cancellation Up (Continued from page 1) contract^ he does not want the ex- change to charge him $250 for a film in the agreement at $150. Exhibitors claim that it is their privilege to can- cel without a substitute and that ac- tion of distributors in increasing a lower rental film to the figure of the one discharged from the contract is a code violation. They Voted Doubles Out San Diego, Calif., Oct. 22.— Nearly 15,000 fans, polled by the Fox here, are opposed to double features because they make the program too long. The questionnaire, sent out by James O'Toole, manager of the house, revealed a number of interesting facts which will be kept in mind by O'Toole in future bookings. Here are a few of the facts revealed in the poll: A majority prefer society drama, with comedy running a close second, and musical comedy in third place. The average family attends pictures about twice a week. Preferences for male stars: Will Rogers, Clark Gable, William Powell and George Arliss as listed. In the female division: Norma Shearer, Joan Crawford, Mae West and Claudette Colbert. Asked what actors patrons would like to see in star roles, the answers were: Male — Herbert Mundin, first; Charles Butterworth, second, and Nat Pendleton, third. Female — Kitty Carlisle, first; Toby Wing, second, and Maureen O'Sullivan, third. Sex pictures were generally condemned. Patrons suggested selection of best Broadway shows and best novels for production. Two hours is maximum limit most theatregoers want to sit in theatres. Fox Theatres Petition for New Deal Out K. C. Indies Fight Revised Clearance Kansas City, Oct. 22. — Several in- dependent exhibitors are protesting the revised clearance schedule and plan to go to New York for the ap- peal hearing on Wednesday. The objection is understood to be setting back of runs charging low admissions. First run houses are in favor of this plan, since they want to raise scales to former levels. Fox Midwest has endorsed the new setup as stabilizing the local situa- tion. Elmer C. Rhoden, who recently returned from New York where he conferred with John C. Flinn on the plan, feels that as it stands now it will work advantageously to all. Similar objections against setting back subsequent runs charging low admissions were voiced at the time the Los Angeles plan came up for hearing before Campi. Most of the objections were ironed out before the hearing was completed. Since admissions are the basic guid- ance for clearance, it is felt by dis- tributors that theatres charging high- er prices should benefit. Sueh a plan, it is held, will help increase admis- sions in all parts of the country and stabilize the business. Reade Loses Films In 2 Jersey Towns Walter Reade lost a second deci- sion at the New York grievance board yesterday when it was decided Aaron Shusterman will get 138 pictures for his theatres in Red Bank and Perth Amboy, N. J. Reade was brought before the board by Shusterman charged with over- buying on 1934-35 product. The board held that Shusterman will get 70 of Reade's allotment for the Strand, Red Bank, and 68 films for the Roky, Perth Amboy. Leo Justin, who defended the Reade action, will submit two lists of 70 pic- tures each on the Red Bank situation and two lists of major product for Perth Amboy. When these lists are submitted, Shusterman will select the groups he wants. The first case Reade lost before the local board was the complaint of the Roxy and issuance of cut-rate tickets at the Mayfair. Reade plans to appeal the latest decision. Cleveland's 20-Week Free Broadcast Off Cleveland, Oct. 22. — A 20-week free broadcast by radio stars con- tracted for by a local department store has been cancelled through the combined efforts of local exhibitors. The free broadcasts were to have taken place in the 15,000-seat public auditorium every Saturday afternoon and every Sunday evening from 7 P. M. to 8 P. M. (Continued from page 1) in bad faith and in an effort to realize on Fox Met assets, all of the common stock of which is owned by Fox The- atres. Archibald Palmer, counsel for a group of Fox Met bondholders, led the attack against the Fox Theatres reorganization petition, attacking the validity of the claims of petitioning creditors. Through examination of A. C. Blumenthal late last week Palmer disclosed an advance plan to buy up Fox Theatres' assets if the reorgan- ization petition was successful. Drops Larchmont Protest Complaint of the Larchmont, Larch- mont, against Skouras' Capitol, Port Chester, N. Y., on clearance was yes- terday withdrawn by the protestant after the defendant had proved that the Capitol had never taken clearance over the Larchmont house. "Happiness" at $21,500 "Happiness Ahead" took $21,500 at the Strand last week. "Case of the Howling Dog" was good, for $14,000 at the Rialto. A TIDAL WAVE Lewis Milestone who gave the world "All Quiet On The Western Front" and "The Front Page" returns with A LEWIS I L ★ VICTOR MHAGLEN *J0HN GILBER ★ ALISON SKIPWORTH ★WYNNE GIBSO ★ HELEN VINSON ★WALTER CONNOLLY ★FRED KEATING ★LEON ERR ★WALTER CATLETT ★TALA BIRELL Story and Screen Play by Wallace Smith Directed by Lewis Milestone OF LAUGH S / I TONE Production THE HOLLYWOOD REPORTER SAYS: "A terrific best-seller . . . every actor in it is either a star or a featured player . . . laughs trip each other up . . . exploita- tion possibilities galore ... a picture that's not only a pleasure to sell, but a sure-thing buy for your audience." VARIETY SAYS: "Contains excellent situations." OTION PICTURE DAILY SAYS: "It hits the bull's-eye." In Times-Star FilrrHn Ro\e of Globe i | Ids to List ^trr.^— ^ ro lyt^^'i^S JUJ , , "ann, the l*e» pieture* Mil he eeen anl ,„ vftRK Oct. 2-W*f! L Jure being «"* so m > m if Trilimnhs b**»*> "'araittnuror^uj^^a NEW ?0**' rk .boot one P'f"dwi nC . II t I nUlTipnS r,h teby. Kentucky. West ViSa «nj 3 M«e made th»t the wordsotjf -—^T*^ e a vear, as 'you taow, rou to the ^-<»\» then- Jrt^,^ dS"^ds, he ari»i?u,5««l W t^ST°^f^eS^ V?S V a„d Science, looks over , fyfH ?f .,„. 1 ^fcS^U- g* ■PI h menu ol LWAJ^—^— *»*lfcs^ ___ = ^—r^he^UVph- > .5 iBattus s»rles 0 1 g O i u\ s tatuet'tes. Thetroph- m ies are P given f ot o«v\ the bestbcf\ the blest pj ra ul go' lieVi ge l ture s "b( s awaL the Hi What's, wrappt* jmorate tl Iwin C. 1*^ ilobe Trotte^ Consider th> iat gets the i jmetimes mont™ isearch and prep finally reaches here.it stays at leas >ur more weefe TM :affs concentre?- tie one job at ihn is complei nd painstakini or time is no/ hat went in sxceptibnal, * septional, i ianfare o rates all t oox-office « »v/7r» Speed l*^**?** But th/^ord Wcf newspape/ o>eiuatnr Ure« - law- that/ ti,b , tQr. THE PRESS OF THE NATION ACCLAIMS EDWIN C HILL frail dark n * who prefer^ - was klobe it-" 6 ron kAe' wnard ioM^«^ pSe ° wi is a record here. Gordon Mitchell Here Gordon Mitchell of the M. PJ Academy is in town from Hollywooc in an effort to effect greater cooper ation between the east and west or technical problems. Hear Engagement Is OH According to word received by hi: friends here yesterday, the engage ment of Joseph M. Schenck, presideni of United Artists, to Merle Oheroil has been called off definitely. Ricketson Coming Here Rick Ricketson, operating head ol Fox Rocky Mountain, is due in fron: Denver next week for a few days dur- ing which he will confer with Spyro; and Charles Skouras. Robert Scheck Gaining Baltimore, Oct. 23. — Robert Scheck, president of the Philip J. Scheck Theatre Enterprises, is_ recov- ering rapidly from an operation for appendicitis at Maryland General Hos- pital. Presenting A Brand Nejf Accessory- A MINIATURE 24 -SHEET STAND FOR COUNTER DISPLAY, WINDOWS, LOBBY, ETC. — it measures 13%n by brightly painted in green, with slots for 24- sheet cards in full colors, the same as the lithographs! When you see this gay little novelty sitting pretty in your M-G-M Branch Office, you 11 want a flock of 'em for your favorite window locations. It takes your old pal Leo of M-G-M to step out of the beaten track and create something new in showmanship. CARDS AVAILABLE ON ALL M-G-M ATTRACTIONS! Warner bros. make the best MYSTERY PICTURES, too! .... This year watch Warners match their musical reputation in the mystery field! . . . We've watched the inexhaustible demand for mystery fiction. Now we're going to divert a share of these sure, steady profits to your box-office ! . . . The biggest-selling mystery writers in the country have been signed to long-term contracts. And we're giving their stories the kind of productions that won for Warners the "Best Mystery Picture" medal for 1933 . . . Read these brilliant reports on our first new- season mystery and get ready to cash in on elaborate promotion plans for the Warner Mystery Group ... to be announced soon! "Thrill film makes hit. i The Case of the Howling Dog ' is lively and ingenious thriller. You will probably add Perry Mason to your list of pet screen policemen." . . —World Telegram "Clever dialogue, lively direction, startling climax. Warren William outstanding."— N. Y. American "Introduces a new detective character to the screen— Perry Mason. Smartly written— amusing entertainment. Warren William does a grand job." —Eve. Journal "Diverting mystery melodrama. Baffles and holds your interest." . . . —Daily Mirror "Well-knit, swiftly paced, dramatically punctuated. A welcome contribution."— N. Y. Times "Excellent transcription of a popular mystery tale. The excitement builds steadily." — N.Y. Sun Warren William as "Perry Mason" in THE CASE OF THE HOWLING DOG will be followed by 3 sensational stories by famous "I Am A Thief" MIGNON EBERHARDT 3 more Perry Mason stories by ERLE STANLEY GARDNER * 'The Case of the Curious Bride' ' ' 'The White Cockatoo" "The Case of the Lucky Legs" "Patient in Room 18" "The Case of the Velvet Claws" "While the Patient Sleeps" "Murder in the Clouds" "The Green Cat" "Invitation to a Murder" "Murder by an Aristocrat" THE GREAT HOLDI (What el A cyclone has hit the country! Bo. nieces I "THE GAY DIVORCEE" maker . • and everybody knows i EIGHT RECORDS BROKEN ... EIGH Boston . . Held lor three weeks i second week • . Minneapolis . • Hei Milwaukee . . Held for second wet Held lor second week . . Memph week . . For* Worth . . Extendi • • Extended time . . . 30 OPENINGS OVER THIS WEEK-END, EAST, WEST, NORTH, SOUTH.. Warner Houses, RKO Houses, Independent Houses... houses from all circuits and the story is the same . . . name the top money picture for any of 'em and you'll find "The Gay Divorcee" has made it past history I . . . LOOKS LIKE 100% HOLDOVER EVERYWHERE! Chicago ... 4 Stat Reviews and the Loop traffic tied-up ! ... Cleveland . . . Out- grosses any show in five years ... St. Louis . . . Continuous holdout . . . Canton . . . Turning away more than can get in. . . new five year record . . . Richmond . . . Outgrossing both "Rio" and "Little Women" breaking all house records . . . Salt Lake . . . Sensational opening and building . . . Baltimore . . . Name your own show . . Divorcee beats it! 5 Shows daily and they're still standing! . . . Louisville . . . First 3 days tops everything. . . Indianapolis . . . Rave reviews, cheers, applause and a record. . . Cincinnati . . . Crowds standing at midnight force extra shows, 3 days gross beats "Women" former title holder. New Orleans, Los Angeles, Hollywood (simultaneous run), New Haven, Rochester, New Bedford, Washington, Providence, Fall River, Columbus, Houston, Atlantic City, Altoona, Seattle, Hartford, Albuquerque, Kenosha, Appleton, Zanesville, Charleston. . . ALL DANCING TO NEW RECORDS ON RAINBOW OF RHYTHM! >VER SENSATION n we call it?) fice records are being Mown to e year's smash melody money 1ST WEEK. . EIGHT OPENINGS . . 3LD0VERS! . . . maha • . Held for r second week . . » Kansas City • . joked for second » nansas uity • « joked for second ne . . Galveston RED ASTAIRE INGER ROGERS RS OF "FLYING DOWN TO RIO" IN THE T SUMPTUOUS ROMANTIC HIT OF ALL SEASONS THE GAY HVORCEE" with i I I r c1 fin a i\y 1 ri>anlc$ , e»««eot „ a°WW„. J*"*** new LICE BRADY VARD EVERETT HORTON .... AND F THE BEAUTIES OF HOLLYWOOD :ted by mark sandrich .... dance en- •les staged by dave gould ... a pandro erman production :ains cr,8'05- »«o „,„ tninutf* « "'cture a««. eve,y son. p,ause MOTION PICTURE DAILY Wednesday, October 24, 1934 First Flywheel Patent Suits Are Filed by Fox ITOA to Sign When Union 8 Business Need To Guide New Steps in Para. (Continued from page 1) who, however, is still reluctant to name an exact date on which the plan can be filed. The Kuhn, Loeb & Co. plan con- tinues to stand as the only one which has the support of the three principal reorganization groups, which are the bondholders, stockholders and general creditors' committees, each represent- ing a majority in number and amount of those having claims against Para- mount Publix. The stockholders' com- mittee, of which Duncan A. Holmes is chairman, and which represents more than 50 per cent of the Paramount shares outstanding, is understood to have wavered in its support for a time, but now stands solidly with the two other essential factors to reorganiza- tion in support of the Kuhn, Loeb plan. Wanted Smaller Assessment The provision for a $2 per share assessment on stockholders, which will remain a part of the Kuhn, Loeb plan, met with opposition from the commit- tee for a time, the feeling having been that a smaller assessment would suf- fice. Then came an offer from Hayden, Stone & Co. providing for a purchase of 50 per cent of the stock in the new company for $6,500,000, which tempted numbers of the shareholders, but which was ultimately rejected by the Holmes committee with its more than 50 per cent representation. The Hayden, Stone offer did not comprise a plan of reorganization for Paramount Pub- lix, but related merely to the stock. Among the problems affecting re- organization which are regarded as essentially solved for the purposes of submission of the reorganization plan are the Paramount Broadway reorgan- ization involving a $44,000,000 claim against the debtor; the Allied Owners claim of $23,000,000 ; the creditor bank group claim of $13,600,000 and the Prudence Co. claims of approximately $1,400,000. The current supposition is that the Erpi claim of approximately $1,900,000 cannot be finally settled un- til the Tri-Ergon patents situation has been clarified, although a conditional agreement could be made, observers believe, for the purposes of submission of the plan of reorganization. Cash Position Favorable Paramount's cash position, last re- ported at $15,600,000, continues favor- able with business improving weekly. This is regarded as an important fac- tor in submission of the plan, as any one submitted is certain to meet with seme objections. With the company in a healthy financial state, its prin- cipal creditor groups — those support- ing the plan — are certain to carry the greatest weight with the court which ultimately passes upon it. The new Paramount Publix board is expected to be limited to about 12 members. While the principal cred- itor groups, bondholders, stockholders, banks and general creditors will be represented on the new board, the hope of the reorganization factors is that these groups may be brought together to agree mutually on desirable candi- (Continued from page 1) Germany, who assigned them to Tri- Ergon A. G. in 1924, and this com- pany in turn assigned them to Tri- Ergon Music A. G., and also to Fox in 1928. Fox presumably is owner of 90 per cent of the American Tri-Ergon Corp. and the Swiss Tri-Ergon company which he formed to exploit the pat- ents. These suits bring the total to 22, the previous suits, all on the double printer, in New York and Brooklyn, having been filed against Amer- Anglo Corp., Columbia, Consolidated Film Industries, First Division, M- G-M and M-G-M Distributing Corp., Monogram, Reliance, Talking Picture Epics, 20th Century, Universal, War- ners and Vitaphone. Those filed today were against Duo- Art Film Laboratories, Producers' Laboratories, Malcolm Laboratories Corp., A-G-R Laboratories, Inc., Filmlab, Inc., and Cinelab Labora- tories, Inc. Inclusion of Tri-Ergon Holding A. G. as one of the plaintiffs in the Wilmington suits filed yesterday stirred some speculation at first in the New York trade, as it had not been previously noted that there were two plaintiffs in each of the suits filed in New York and Brooklyn. Swiss Tri-Ergon Corp. was incor- porated at Dover, Del., a few days ago to deal in films and projection machines, and it was thought that this company had joined with Fox in the new Wilmington suits. This turns out not to be the case. Incorporators of the new company dates, rather than each group insisting on its own candidate. Thus, instead of there being a distinct bondholder, stockholder or bank representative, or representatives, elected to the new board, it is hoped in reorganization quarters that all of these will be able to agree on candidates who may not have an affiliation of any kind with any of these groups. The general aim is to develop a board, small in number but great in ability. Sales Cleanups Set For Para. Sessions Future policies, open problems and sales cleanups will be discussed at the three-day meeting of Paramount dis- trict managers in Hot Springs starting Friday, Neil Agnew, general sales manager, stated yesterday. Home office representatives and eastern district men leave for the south tomorrow and return Monday. Emanuel Cohen, production head, may attend provided he can get away, it was stated. Defer Para. Bank Suit A hearing scheduled for yesterday on the action of the Paramount Publix trustees directed at the $13,600,000 bank transaction with Film Produc- tions Corp. in 1932 was postponed yes- terday to Oct. 30 by Federal Judge Alfred C. Coxe. Theatres Included Filing of the first flywheel patent suits yesterday in Wilmington is construed in some quarters to indicate that William Fox intends to extend his patent fight to the exhibition end of the indus- try. Loew's, Inc., is named along with M-G-M Distrib- uting Corp. and Warners. The double printer patent suits filed previously in New York hit producers. Fly- wheel patents apply directly to reproducers. The two law firms handling the suits, Ward, Crosby & Neal and Kenyon & Kenyon, refuse to discuss their plans in advance, but it is obvious new cases are being filed as fast as they can be prepared. are James H. Hayes of Green Farms, Conn. ; Milton Diamond, New York attorney, and L. W- Howison of Long Island City. Diamond explained yesterday that this new firm represents the 10 per cent of the American Tri-Ergon stock which Fox does not own. When asked specifically if the pur- pose of the new company was to file suit against Fox for having failed to exploit the commercial possibili- ties of the patents during the six years he has controlled them, Diamond said: "That may very well be." He refused to discuss further de- tails of his plans. Portland Clearance Attacked at Hearing (Continued from page 1) buyer for F. W. C. and subsidiaries, acted for Fox Rocky Mountain, and F. M. Saunders, western division man- ager for M-G-M, represented his com- pany. On the committee were Neil Agnew of Paramount, Ed Kuykendall, presi- dent of the M.P.T.O.A., and Charles Casey of the Prudential circuit. The Seattle schedule was attacked by Fox Rocky Mountain, Universal and M-G-M. Adolph Schimel, attor- ney for Universal, and E. T. Gomer- sall, acted for Universal. The third clearance protest was that by Jack Swenson of the Angelus, Spanish Fork, Utah, against the Par- amount, Provo, Utah. Indications Point To N.O. for MPTOA (Continued from page 1) to extend the necessary financial sup- port to make the session a success. Huey Long also has promised to co- operate, it is stated. Kuykendall yesterday returned from a 10-day tour of the south where he attended the Dallas exhibitors con- vention and the annual meeting of hotel owners in New Orleans. He said business is picking up in all towns he visited. Scale Is Set (Continued from page I) of the circuits, a move has been started by a number of small exhibitors to pool their interests into one big buy- ing circuit. First indications were that about 50 houses would be lined up, but the movement has been gaining ground in the last week and it is now anticipated the total will come nearer to 100. However, it is not expected that the new circuit will be ready to function until the next buying season. Another meeting of NRA fact find-i ing committee to set the basic opera- tors' scale for the New York terri- tory is scheduled shortly. Members of the committee are still engrossed! in the work of classifying theatres, i and not until this task is completed! will the committee get together again on the union matter. Colored First Run Fixed in St. Louu St. Louis, Oct. 23.— The Odeon ha; been classified as a first run for col ored patronage by the clearance an( zoning board and will play product 1* days after the Capitol and seven day: I after the downtown Lyric. It get: seven days clearance over the nex colored run. The Irma is to get product 14 day: after the Mikado and Tivoli, St. Loui: Amusement Co. houses. The Wellstoi at Wellston, Mo., has been grantee prior run over the Irma provided i plays its product within 10 days aftei it becomes available. An appeal ha been entered in this case and existing contracts are being carried out pendj ing a ruling. Three cut-price complaints have beei withdrawn from the grievance boarc without hearing. The three houses in i volved, Webster, here; Grand, Robin son, 111., and Ritz, East Alton, 111. have voluntarily ended the practice. Speculators Curbed In Legitimate Codt Washington, Oct 23. — Activitie of ticket speculators are restricted chorus girls in road shows are givei a $5-a-week raise and the minimun for chorus girls is set at $30 a weel ; in the legitimate theatre code signec here. Other minimum wages were raised depending upon the scale at the box office. Limits to rehearsal hours ar provided for the first time at not mor than eight consecutive hours, but thi provision is relaxed during the sevei days preceding the opening. Bank Nights Up Again Kansas City, Oct. 23.— Code Au thority will again take up the ban , night situation when it considers af peals on cases decided by the loa grievance board against exhibitors i St. Joseph and Warrensburg, Mo., an Pittsburg, Kan. Moross Back from Souti Sam Moross, field representative fo Campi, has returned from Atlanta an' Charlotte where he spent two weeks ff FILM DAILY on NEWSREELS Chester B. Bahn of the JYRACUSE HERALD" on the ig money, too, going to $9,200, up >y $4,200, at the Paramount. "Bar- "etts of Wimpole Street" was still go- ng strong at the end of the its third week with a $5,000 gross at the Jnited Artists. Total first run business was $26,000. \verage is $23,000. Estimated takings for the week end- ng Oct. 19: "SIX-DAY BIKE RIDER" (F. N.) "DEATH ON THE DIAMOND" (M-G-M) BROADWAY— (1,912), 25c-35c-40c, 7 days. Sross: $5,500. (Average, $5,000) "DESIRABLE" (Warners) "CRIMSON ROMANCE" (Mascot) HAMRICK'S MUSIC BOX— (2,000), 25c- 35c, 7 days. Gross: $2,600. (Average, $3,000) "ONE MORE RIVER" (Univ.) "ROMANCE IN THE RAIN" (Univ.) HAMRICK'S ORIENTAL— (2,040), 25c, 7 Jays. Gross: $2,000. (Average. $2,000) "MADAME DuBARRY" (Warners) HAMRICK'S ORPHEUM— (1,700), 25c- 35c-40c, 7 days. Stage show. Gross: $4,600. (Average, $3,000) "BELLE OF THE NINETIES" (Para.) PARAMOUNT— (3,008), 25c-35c-40c, 7 iays. Stage show. Gross: $9,200. (Average, $5,000) "BARRETTS OF WIMPOLE STREET" (M-G-M) UNITED ARTISTS— (945), 25c-3Sc-40c, 3rd week, 7 days. Gross: $5,000. (Average, $5,000) MOTION PICTURE DAILY& HOLLYWOOD PREVIEW "Lightning Strikes Twice" (Radio) Hollywood, Oct. 23. — A weak story keeps this one uninteresting, although it has able cast portrayals. The direction fails to surmount the story. Typed as a comedy-mystery, laughs are its main assets, while the picture rates only program classification. The yarn has the mistaken identity theme featuring a murder which has never occurred and the mysterious disappearance of two cops with the usual "buttinsky" reporter and a lot of people rushing in and out of doors. Ben Lyon and Thelma Todd carry the romance. The plot centers on two vaudeville performers who enter Lyon's home while he is absent but arriving before the scheduled appearance of Miss Todd's aunt (Laura Hope Crews) and her father (John Hale). Mysterious gunfire follows and the cops arrive expecting a murder. Everybody is put on the spot with Lyon suspected of dirty work at the crossroads, but he is exonerated when the people alibi his activities. The blowoff discloses the explosions were Lyon's butler shooting at cats while the cops fell into a storm drain. Good performances are turned in by Lyon, Miss Todd, Pert Kelton, Hale, "Skeets" Gallagher and Miss Crews. Ben Holmes' direction gar- ners some laughs. Production code seal, No. 352. Running time, 66 minutes. Looking 'Em Over "The Broken Melody' ( Olympic) A rambling, disjointed affair is this British production from the Twickenham studios. Even so it might have succeeded in squeezing through in this country were it not for the vagaries of the producers in allowing actors to speak with English accents in a picture set in Paris and peopled with French characters. The accents are not marked, but they are enough to shatter all illusion of reality. The players behave more like subjects of King George than like Parisians. What saves the production from mediocrity is its musical score, which is melodious. The film has a banal story to tell. A youthful composer (John Gar- rick) is won away from his sweetheart (Merle Oberon) by a stage star (Margot Graham). When he discovers his wife in the arms of her lover (Austin Trevor) he kills the man. He is sentenced to Devil's Island. Escaping, he returns to Paris, where under a new name he starts life anew with Miss Oberon, his first wife having died during his im- prisonment. Now a success as a composer, Garrick is recognized at the theatre by the official in charge of the penal colony at the time of his escape. To make a happy ending possible, the official, touched by Garrick's efforts to straighten out his life, allows him to remain a free man. The acting is no more than adequate. Bernard Vorhaus directed. No code seal. Running time, 68 minutes. "The Oil Raider" (May fair) There's dirty work again at the oil well — in "The Oil Raider" this time. This production, possessing plenty of action, ought to please the youngsters. Adults are likely to find the incidents in this tale of villainy a bit too stiff to swallow without quibbling. Buster Crabbe is the hero of the piece, which relates his struggle to hold on to an oil claim. He comes close to losing the property when the man who is staking him (George Irving) loses his shirt in the market and refuses to advance Buster any more dough in accordance with a stipulation in a written agreement between them. Irving thinks that in this way he may be able to seize 100 per cent interest in the well and uses an enemy of Crabbe as his tool in his scheme to delay work at the well. The discovery of Irving's duplicity hurts Crabbe no end since he happens to be in love with the man's niece (Gloria Shea). Things look pretty black for the young fellow when the well starts to gush. So does the rest of the picture. Everything is smoothed out between Crabbe and Irving. And there is sunshine all around at the end. No code number. Running time, 59 minutes. "Servants" Is Heavy Grosser As Hub Booms Boston, Oct. 23. — With a holiday and a snowy week-end to keep foot- ball crowds indoors grosses in this city went to a new high last week. "Servants' Entrance" took top per- centage honors with a gross of $18,500, over normal by $2,500, at the Boston. Practically every first run was well over normal. "Mrs. Wiggs of the Cabbage Patch" piled up $30,000 at the Metropolitan, helped by a stage show. Total first run business was $106,- 500. Average is $84,000. Estimated takings for the week end- ing Oct. 18: 'SERVANTS' ENTRANCE" (Fox) BOSTON— (2,900), 25c-50c, 7 days. Vaude- ville. Gross: $18,500. (Average, $16,000) "A LOST LADY" (F. N.) "LEMON DROP KID" (Para.) FENWAY — (1,800), 30c-50c, 7 days. Gross: $10,000. (Average, $9,000) "THE GAY DIVORCEE" (Radio) KEITH'S— (3,500), 25c-65c, 7 days. Gross: $18,000. (Average, $16,000) "THE LAST GENTLEMAN" (U. A.) "THATS GRATITUDE" (Col.) LOEW'S STATE— (3,700), 35c-50c, 7 days. Gross: $20,000. (Average, $16,000) "MRS. WIGGS OF THE CABBAGE PATCH" (Para.) METROPOLITAN— (4,350), 30c-65c, 7 days. Sid Gary and Revue. Gross: $30,000. (Average, $28,000) "A LOST LADY" (F. N.) "LEMON DROP KID" (Para.) PARAMOUNT— (1,800), 30c-50c, 7 days. Gross: $10,000. (Average, $9,000) Court Action Threat Over K. C. Zoning Kansas City, Oct. 23:— W. D. Ful- ton, independent exhibitor represent- ing a group of 12 independents, served notice on the local zoning board to- night he planned to ask the Federal court to enjoin it and Campi if the latter proceeds with the scheduled final hearing tomorrow on the Kansas City clearance plan. Fulton wired Campi requesting the hearing be postponed so that protest- ing independents can be adequately represented. On the other hand, in- dependents and circuits favoring the schedule wired Campi to go on with the hearing and approve the new schedule. Widespread objections by local inde- pendents to the schedule have been withdrawn after the explanation by Elmer C. Rhoden, Fox Midwest divi- sion manager, who conferred last week with John C. Flinn, that it would not apply to 1933-34 product. Fulton's group, representing low- priced houses, objects to filing price schedules in advance and to the provi- sion delaying clearance 14 days if a uniform scale is not maintained. The proponents of these provisions con- tend they will tend to stabilize the price situation, preventing indiscrimi- nate price-cutting. The major distributors favor the schedule and will be represented at the hearing tomorrow. Fox Midwest and Publix today wired their approval of the schedule to Campi. Mrs. Burkey Keeps House Kansas City, Oct. 23. — Mrs. Chas. H Burkey will continue to operate the neighborhood Summit, which her husband built and operated 22 years until his death last week. MOTION PICTURE DAILY Wednesday. October 24, 193 < Purely Personal ► Albert L. Warner, Phil Baker, Paul Moss, License Commis- sioner; Al Lichtman, Lee Ochs, Budd Rogers, Gus Edwards, Howard Dietz, Eugene Zukor, John C. Flinn and W. R. Ferguson lunched at the M. P. Club yesterday. Jules Levy, Cresson Smith, Ed Finney, Mitchell Klupt, Colvin Brown, Abe Montague, Nate Spin- gold, Ralph Wilk, Frank Craven and Charles Paine were among those who lunched at The Tavern yes- terday. Harry C. Arthur, en route from the coast, will stop at Chicago and St. Louis, arriving here Saturday. Jack Partington, who had planned to leave for Los Angeles yesterday, may go today or tomorrow. Richard Walton Tully's and David Belasco's "Rose of the Ran- cho" has been acquired by Paramount. It will be a musical with Mary Ellis. Joseph D. McGoldrick, Fusion can- didate for comptroller, will be at the opening of the Trans-Lux, Brooklyn, tomorrow night. Sig Herzig, Hans Kraly and Ey Harbig's "Broadway Gondolier," an original story, has been bought by Warners. Clifford Orr's "The Dartmouth Murders" has been purchased by George R. Batcheller for Chester- field. Frank Phelps of Warners the- atre department left last night for Cleveland. Business is the reason. James M. Beck, M. P. P. D. A. representative in London, is in town for a visit of two or three weeks. Mary Ellis, recently signed by Paramount, arrives from London to- day on the Berengaria. Fran Wead and Ferdinand Rey- her have sold their "Lady with a Badge" to Warners. James Cagney will be guest star on the Rudy Vallee broadcast to- morrow night. Abe Leff has donated a new Holly Ark to the Temple Beth Elohim. Parker Morell's "Diamond Jim" has been acquired by Universal. Donald Novis will be in the stage show at the Capitol next week. Form Onondaga Theatre Albany, Oct. 23. — Onondaga Civic Theatre, Inc., Syracuse, has been char- tered with capital of 100 shares non- par stock to exhibit pictures and plays. Jay Gardner, Coley C. Young and Leavenworth Steele are directors and subscribers. Rogers Cast Growing Hollywood, Oct. 23. — Louise Dresser, Robert McWade, Charles Middleton, Russell Simpson, Gay Sea- brook, Erville Alderson and William V. Mong have been cast in Will Rogers' "The County Chairman," in production for Fox. Expect $35,000 at Roxy "Little Friend" is expected to hit between $35,000 and $36,000 for the first week at the Roxy. The Gau- mont British film is being held a second week during which Dizzy and Daffy Dean will appear on the stage. RKO Returns Vaude To K. C. Mainstreet Kansas City, Oct. 23. — After an absence of two seasons, vaudeville re- turns to the RKO Mainstreet as a reg- ular policy, beginning Friday. The house has been staging unit shows in conjunction with pictures, but RKO executives believe the local situation is ripe for a permanent vaudeville policy. The weekly bill will include five or six acts or unit productions with name headliners or bands. "Happiness Ahead" is set as the first. The price scale will be 25c-35c-50c, including tax. The fact the Tower, up to now the only vaudefilm house, has had some big grosses may have had something to do with the decision to reinstate the policy at the Mainstreet. Sonotone to Finish Sales Meet Today Sonotone dealers today wind up the last of a three-day convention at the Park Central. D. D. Halpin, assistant sales manager, announced yesterday the production of a 100-foot trailer for theatres to acquaint the public with the hard-of-hearing device. Other speakers yesterday were C. A. Lemkuhl, vice-president and for- eign sales manager; F. W. Varin, assistant treasurer and comptroller ; Emmanuel Nicholides, chief engineer, research department; Dr. Hugo Lie- ber, president ; Mrs. Angela T. Car- roll, T. Swanson, C. F. Pietsch and Dean Babbitt. St. Louis Proposes Heavy Music Taxes St. Louis, Oct. 23. — Another angle of the fight on the A. S. C. A. P. has developed here with the introduction of an ordinance to impose a $2,500 annual tax on persons or firms col- lecting royalties on copyrighted music, books, recorded music. The aldermen also have under con- sideration an ordinance to restrict use of the Auditorium to "civic, charita- ble, educational and other public or semi-public purposes." This is an aftermath of the fight against leasing of the building for a run of "Zieg- feld's Follies." Seattle Orpheum to Open Seattle, Oct. 23. — The Orpheum, dark since last April, will be opened on Oct. 26 by John Hamrick as the fourth house in his local first run circuit. Hamrick is the fourth theatre man to operate the house, it having been built and operated first by RKO, lat- er by Skouras affiliates, then Ever- green State circuit. Vaudefilm will be presented with a featured stage band at popular prices. The vaude- ville will play one week each at Ham- rick's Orpheum in Portland, Music Box in Tacoma, and the local Or- pheum. Form New Pioneer Corp. Pioneer Development Corp. has been formed under the presidency of Lowell V. Calvert to act as general repre- sentatives of independent producers. Pioneer Pictures, Inc., of which John Hay Whitney is president, is the first client. 1 I BUNDLING — it isn't kissingf — it isn't hugging! ■ — it isn't necking! But it combines the best features of all three! Learn all about our first great national pastime in Paramount's "THE PURSUIT OF HAPPINESS"* starring FRANCIS LEDERER, with Joan Bennett, Charlie Ruggles and Mary Boland. Directed by Alexan- der Hall. World premiere at Radio City Music Hall on October 25th. * Prints now available at all Paramount Exchanges The Leading DaJJh of Jhe Motion 1 Picture Industry MOTION PICTURE DAILY Alert, Intelligent and Faithful | | Service to'' the Industry in All Branches OL. 36. NO. 98 NEW YORK, THURSDAY, OCTOBER 25, 1934 TEN CENTS Theatres Fear Heavier Radio Draw in Sight Revival of Plays With Stars Is a Factor Increased radio competition for the- itres is predicted as a result of spread- ing of the movement to acquire radio rights to old dramatic rights, ac- :ording to the current issue of Motion Picture Herald. Advertising agencies are now turn- ing to this field to diversify their .rogram material and are using film lames to read the lines of the radio •ondensations of the plays. The J. W alter Thompson Agency is one of :he leaders of this movement. It has ust negotiated an option to take over ill the Golden plays, with plans for a different revival each week for (Continued on pane 4) Gold, Lazarus Head New U. A. Divisions United Artists has again returned to division sales heads with Harry Gold in charge of the east and Paul Lazarus supervising the west. Charles Stern will assist Gold while Jack Goldhar will aid Lazarus. Up to now the four men have been assistants to Al Lichtman. Gold's territory will include Atlanta, Boston, Buffalo, Charlotte, Cleveland, Dallas. Cincinnati, Indianapolis, New Haven, New York, Philadelphia. Pittsburgh and Washington. Lazarus will have under his supervision ex- changes west of Chicago and Canada. Fox Met Holders to Confer on New Pact In an effort to complete a plan of reorganization for Fox Metropolitan Playhouses within the next three (Continued on page 4) Radio, Not Films Hackensack, Oct. 24. — For once pictures don't get the blame for the existence of crime. Dr. Frank Kingdon, president of Dana College, in Newark, told a women's club here that "little blame can be given movies for the existence of crime." "The radio, though," he added, "is not a matter to be disregarded." Actors9 Guild Enthusiastic On Equity Affiliation Move Hollywood, Oct. 24. — Approval of a Screen Actors' Guild affilia- tion with the A. F. of L. through Actors' Equity was agreed upon at a meeting last night of the guild's board of governors with Frank Gillmore, Equity head, and I. B. Kornbloom, local legal advisor for Equity. Gillmore left for New York today by plane and will present the agreement to the Equity council at a meeting next Tuesday. If the council's action is favorable, Gillmore will return here for a vote of the entire guild membership on the affiliation proposal. Indications are that the Screen Guild is in line to obtain local autonomy and reinforcements for collective bargaining with pro- ducers, its two principal objectives. Capital Sees Acceptance of New Cost Plan Washington, Oct. 24. — General ac- ceptance of the new code assessment proposals as fair is indicated by the fact that one week after their an- nouncement but one objection has reached Deputy Administrator Wil- liam P. Farnsworth of the NRA. Discussing reports that W. Ray Johnston, president of Monogram, had protested the producer-distributor schedule, Farnsworth disclosed that the only complaint to reach him was from Sam Flax of the Liberty Film Exchange, Washington Monogram distributor. In analyzing the schedule the deputy administrator pointed out that while the percentage to be paid by the smaller organizations is larger than that which will be collected (Continued on page 6) Officials of Para, in Reorganization Talk Paramount home office, studio and field executives met yesterday to dis- cuss general phases of the company's (Continued on page 6) Cancellation Replacements Near a Ruling Campi today will decide whether distributors may replace pictures in higher brackets of contracts with lower-priced films after the former have been rejected in compliance with the 10 per cent cancellation clause. Austin Keough, S. S. Bromberg, Willard McKay and Nathan Yamins, the code's legal committee, met yes- terday and discussed this phase of uni- form contracts and left the decision to Campi. Although the Loew-Trio Consoli- dated clearance and zoning case in New York was to come up today an- other postponement was granted Loew's yesterday. An effort to set- tle the protest amicably last week failed when Loew's refused to con- cede a reduction to the independent circuit. Furber Hits Rival Move at Trans-Lux Percy N. Furber, president of Trans-Lux Daylight Picture Screen Corp., has sent a bulletin to company (Continued on page 6) It '11 Be a Ball Game What is described as "the baseball game of the century" is scheduled for Nyack Sunday afternoon between the Nyack Eagles and the 21 Hangovers. Proceeds will go to the Nyack Y. M. C. A. and damaged players will go to the Nyack Hospital. Survivors and spectators will go to a dance in the Clarkstown Country Club. The game is to be played in the club's stadium. What the World Series is to America in general this game will be to Nyack and the show business. Ben Hecht and Charles MacArthur organized the Eagles early in the summer and recruited plenty of substitutes for the original (Continued on page 6) Distributors Hit Clearance Set on Prices Should Be Negotiated In Sales, They Say Objections to clearance schedules be- ing based on admission prices are being voiced by distributors, despite recent approval by Campi of the method. Major company sales heads contend that clearance, protection and prices to be charged are a matter of nego- tiation between distributor and ex- hibitor and where local code boards set clearances according to prevailing admissions the plan does not work. At yesterday's code session, Edward M. Saunders, western division mana- ger for M-G-M, and Sidney Justin, attorney for Paramount, objected to the Kansas City schedule because of prices governing clearance. In addi- tion, both companies protested a clause in the plan whereby subsequent runs (Continued on page 6) Code Binds, But Is "Helpful"— Cohen A restricted but none the less' ef- fective entertainment field is imposed upon the industry by the production code, Emanuel Cohen, Paramount pro- duction head, said yesterday. "Application of the production code restricts one type of entertainment," Cohen observed. "However, it must be (Continued on page 6) FitzPatrick to Do Liszt Film in Color James A. FitzPatrick's first feature will be "The Love Affairs of Franz Liszt," which he plans to produce in- dependently on the coast. The picture (Continued on page 6) Say Sinclair Trails Upton Sinclair, Democratic candidate for Governor of California, trailed his lead- ing rival, the Republican can- didate Frank F. Merriam, in early returns published yes- terday in the Literary Di- gest's straw vote. Only six widely scattered cities had been heard from, however. MOTION PICTURE DAILY Thursday, October 25, 1934* MOTION PICTURE DAILY (Registered U. S. Patent Office) Vol. 36 October 25, 1934 No. 98 Martin Quigley Editor -in-Chief and Publisher MAURICE KANN Editor JAMES A. CRON Advertising Manager Published daily except Sunday and holi- days by Motion Picture Daily, Inc., sub- sidiary of Quigley Publications, Inc.. Martin Quigley, President; Colvin Brown, Vice-President and Treasurer. Publication Office: 1790 Broadway, New York Telephone Circle 7-3100. Cable ad- dress "Quigpubco, New York." All con- tents copyrighted 1934 by Motion Picture Daily, Inc. Address all correspondence to the New York Office. Other Quigley pub- lications: MOTION PICTURE HERALD BETTER THEATRES, THE MOTION PICTURE ALMANAC and THE CHI CAGOAN. n . • ... Hollywood Bureau: Postal Union Lite Building, Vine and Yucca Streets, Victor M. Shapiro. Manager; Chicago Bureau: 407 South Dearborn Street, Edwin S. Clif- ford Manager; London Bureau: Remo House, 310 Regent St., London, W. 1, Bruce Allan, Representative. Cable address: "Quigpubco, London"; Berlin Bureau: Berlin-Tempelhof, Kaiserin-Augustastrasse 28, Joachim K. Rutenberg, Representative; Paris Bureau: 19, Rue de la Cour-des- Noues, Pierre Autre, Representative; Rome Bureau: Viale Gorizia, Vittorio Malpassuti Representative; Sydney Bureau: 102 Sus sex Street, Cliff Holt, Representative; Mex- ico City Bureau: Apartado 269, James Lockhart, Representative; Glasgow Bureau: 86 Dundrennan Road, G. Holmes, Repre sentative; Budapest Bureau: 3, Kaplar-u. Budapest, II, Endre Hevesi, Representa- tive; Moscow Bureau: Civtzev Vrazhek, N 25, Apart. 146, Moscow, U. S. S. R., Bella Kashin, Representative. Cable address: Samrod, Moscow. Entered as second class matter, January 4, 1926, at the Post Office at New York City. N. Y., under Act of March 3, 1879. Subscription rates per year; $6 in the Americas, except Canada $15 and foreign $12. Single copies: 10 cents. Carl Laemmle Takes Production Control Hollywood, Oct. 24. — Carl Laemmle, Sr., is now in active charge of production direction at Universal City while Carl Laemmle, Jr., ac- companied by his assistant, Harry H. Zehner, is en route to New York on the S. S. Santa Rosa. Young Laemmle has completed five years as studio head without a vaca- tion and is now on his way to Eu- rope on a three months' rest. He intends to tour the continent and North Africa, sailing for Genoa from New York on the Conte di Savoia Nov. 5. Laemmle, Sr., now has six pictures in work at the studios. These are : "The Man Who Reclaimed His Head," "The Good Fairy," "Night Life of the Gods," "Strange Wives," "I've Been Around" and "Straight from the Heart." Mass. 1933 Theatre Gross $20,854,000 Hollywood, Oct. 24. — Before leav- ing on his European vacation, Carl Laemmle, Jr., promoted Philip Cahn to a directorship at the Universal studio. He will handle "I've Been Around," starring Chester Morris. Cantor Stirs Riot Call in Bridgeport Bridgeport, Oct. 24. — Two police details answered a riot call to the Poli Theatre last night. A crowd of 1,200 became unruly when unable to gain admission. Eddie Cantor and Rubinoff opened a three-day engagement at the house yesterday with "Have a Heart," star- ring Jean Parker. A new house record was set Mon- day with 12,000 paid admissions. Heading for Texas Joseph Clemmons, president, and Julius Gordonj attorney for Jefferson Amusement Co., of Beaumont, Tex., leave for home tomorrow after two weeks here conferring with Publix home office officials and discussing code matters. Jefferson is a Publix affiliate. Trans-Lux Opens Friday A big party is planned for the opening of the new Trans-Lux on Fulton St., Brooklyn, Friday night. Comptroller Joseph D. McGoldrick and Borough President Raymond Y. Ingersoll of Brooklyn will open the house. Among those invited are : Bernard S. Deutsch, president of the Board of Aldermen ; Joseph J. Early, asso- ciate editor of the Brooklyn Times; B. O. McAnney, city editor of the World-Telegram: Frank Buck, Polly Moran, Estelle Taylor, Juliette Low- ell and George Givot. Washington, Oct. 24. — Box office receipts of $20,854,000 were reported for 270 Massachusetts film theatres, while 10 additional film and vaudeville houses had receipts of $979,000 and 10 other legitimate and opera the- atres took in $976,000, it was reported today by the U. S. Census Bureau. Payroll expenditures of the film theatres for the year were $4,614,000, while the legitimate houses reported $435,000 and the vaudefilm houses, $214,000. Reports on cities showed Boston to have 61 film houses with a gross of $8,428,000 and payrolls of $2,051,000, and seven legitimate theatres with a gross of $708,000 and payrolls of $373,000. Springfield had ' 16 film houses which grossed $1,091,000 and had payrolls of $231,000. New Bed- ford had 10 film houses with receipts of $673,000 and payrolls of $162,000; Fall River, six with receipts of $615,- 000 and payrolls of $115,000; Somer- ville, nine with receipts of $414,000 and payrolls of $74,000, and Holyoke, six with receipts of $295,000 and pav rolls of $67,000. Ezell Conferring Here Claude Ezell, Monogram franchise holder in Dallas, is in New York con- ferring with Edward Golden. He leaves for home Sunday. Ezell says business is very good in Texas and all theatres are open. The territory as a whole is in fairly good shape, he states. Remaining as Editor Kathryn Dougherty will retain her position as editor of Photoplay and Shadowplay, it was announced yes- terday by the Bernarr Macfadden Publishing Co., recent purchasers of the two magazines. On Vermont Location Robert C. Bruce is now on loca- tion in Vermont shooting scenes for "October Day," one of the future re- leases of the "Musical Moods" series through First Division. To Become Restaurant The Casino theatre will be con- verted into a restaurant and will open Dec. 25 with "Folies Bergere" as the floor attraction. Jack Shapiro and Louis Blumenthal are negotiating for an operator. Thomas Adds to Staff Harry M. Thomas, president of First Division, yesterday announced the appointment of two additional sales managers for "Musical Moods," Audio's series of 18 Technicolor shorts. David J. Selznick will be in charge of the Pittsburgh short subject branch and Basil Brady will function in the same capacity in Buffalo. Further appointments of short sub- ject sales managers will be announced shortly. i Purely Personal > WILLIAM M. L. FISKE, 3rd, ri turns from Europe in about ti< weeks. His trip abroad has nothh to do with business although he is vice-president of First Division. William B. Brenner, who hi, been in London for the past thn, months for National Screen, is bad Moe Streimer will be honored m the Monday Nighters when a dinnr will be given him at the M.P. Ch in two weeks. Jim Steinheimer, of the editor- department of National Screen's coa' studio, will be in town on home o fice conferences until about Nov. 4. Norman Krasna's stage pla( "Small Miracle," has been bought 1 Paramount. Herb Williams has been sign' to appear in a Vitaphone short be produced at the Brooklyn plat Leonard Hall has joined the a vertising and publicity staff of RK under S. Barret McCormick. Henry Herzbrln, Paramou studio attorney, is in town from t coast on a brief visit. Deems Taylor has completed general assignment at the Paramou studio and is en route east. Gregory La Cava, director, is town on a brief vacation. Ed. Levy of New Haven was town yesterday. Nathan Yamins of Fall Riv Mass., is around again. N. L. Nathanson is visiting in Canada. Gets Animal Series Jack D. Trop has acquired for in- ternational distribution six pictures featuring Kazan, the dog ; Cactus, the horse, and John King. King is pro- ducing the features, first of which is "Outlaw's Highway," already com- pleted. Warner Film at Roxy Another Warner picture, "Kansas City Princess" has been booked into the Roxy, starting Nov. 2. It's a one-picture deal. Darmour on Job Again Hollywood, Oct. 24. — Larry Dar mour is back on the job for Majestic after having his tonsils removed. Eastman Up iy2 on Big Board Net High Low Close Change Columbia Pictures, vtc 35}4 3554 35$i — 54 Consolidated Film Industries 3$i 3tyg 3&i — 5i Consolidated Film Industries, pfd 1554 1554 15J4 + 54 Eastman Kodak 105 10354 105 +154 Fox Film "A" 12^ 12% 12% + % Loew's, Inc 3054 2954 3054 + H Loew's, Inc.. pfd 95% 9526 95% — % Paramount Publix, cts 454 4% 4% + % Pathe Exchange 1% 1% 1% Pathe Exchange "A" 1354 13% 1354 + % RKO 25* 2% 2% — % Warner Bros. . , 4% 4% 4% +54 Paramount F. L. Bonds Drop % Net High Low Close Change General Theatre Equipment 6s '40 7 6% 7 General Theatre Equipment 6s '40. ctf 7 7 7 + % Loew's 6s '41, ww deb rights 102% 102$i 102?4 — % Paramount F. L. 6s '47 5754 5 7 -- 57 — Vl Paramount Publix 554s '50 57^4 57 - 57 — % Pathe 7s '37. ww 99 99 99 Warner Bros. 6s '39, wd 58 5754 57% + 54 Sales 1.000 200 500 1,500 1,200 7,700 100 2,900 400 500 100 1,100 Sales 6 1 1 10 18 1 17 Leff -Meyers Take 9th Leff-Meyers circuit has taken ov the Parkway, Bronx, making nil for the chain. The house, now clos<] will be remodeled and reopened shon ly. The circuit also has a deal with Haring & Blumenthal for tl Crescent, same borough. Schiller Eastward Toda\ Hollywood, Oct. 24. — E. A. Schn ler of Loew's, here for the last thi months recuperating from an illne leaves for the east by plane tomorn to resume his duties at the home offi> Louis K. Sidney will accompany hi Reject Vitaphone Offei I "Dizzy" and "Daffy" Dean ha turned down an offer from Yitaphc J to appear in a short. They will op 1 tomorrow at the Roxy for a wee 1 personal appearance. H off berg Has Congres J. H. Hoffberg has acquired l| distribution rights to the BuerJ Aires Eucharistic Congress. D logue is in Spanish and English. Hoblitzelle Here Karl Hoblitzelle of the Interst: circuit in Texas, Publix affiliate, in town conferring with home off S executives. RKO Officials Arrive J. R. McDonough, Ned E. Depii and William Mallard, RKO offici \ all, arrived in New: York from Hoi J wood by plane yesterday. Berthold Vie rtel. Prof. Einstein. Michael Balcon5and A.P.Waxman professor mm mmm, pmm 'POWER* PREVIEW, PRINCETON UNIVERSITY: DR.STEPHEN S. WISE, congratulates QB ON POWER, mom PULPIT AND OVER FOX 10CWST HOLM OVER POWER" ATIANTIC CITY. booki power for 2 n& AND 3rd RUN AFTER BOARDWALK 1st RUN Physical Distribution — Fox Exchanges — Canada — Regal Film, Ltd. MEANS GAUMONT BRITISH ... AN D GAUMONT BRITISH ^5%^ duSlxm 3 MOTION PICTURE DAILY Thursday. October 25, 1 934 t Theatres Fear Heavier Radio Draw in Sight (Continued from page 1) two programs, one of which will have Mary Pickford. In addition, according to the Her- ald, there will be excerpts from mu- sical comedies on the Paul Whiteman programs Thursday nights. Other radio advertisers are making contacts with A. H. Woods, Sam H. Harris, Arch Selwyn and the es- tate of Henry W. Savage for old stage productions. "A survey of one week's network radio programs," the Herald says, "indicated that there are more film 'names' appearing regularly on the air than there were at any time last year." On Friday night there are 12 pro- grams with film names, among them Tom Mix, Frank Buck, Irene Rich, Grace Hayes, Edmund Lowe, Dick Powell and Kate Smith. More and more players are said to be demanding contract clauses per- mitting them to broadcast, and more producers appear to be granting this permission. M-G-M is said to be the only producer definitely barring broadcasts, but an exception is made in favor of Jimmy Durante. Radio and Warners maintain their own studios, both utilizing the broad- cast facilities to exploit players and pictures. In the case of Radio most of the studio broadcasts are from that lot. Fox Met Holders to Confer on New Pact (.Continued from page 1) weeks, representatives of the bond- holders' committee will meet tomor- row with Skouras and Randforce to negotiate changes in the operating contracts of the two. It is understood that the princi- pal consideration of the negotiations, and one upon which completion of a plan may depend, is the approval by Skouras and Randforce of a cancel- lation clause for insertion in their operating contracts, which would per- mit a sale of the circuit after a speci- fied time following reorganization. A new Hayden, Stone & Co. offer for the circuit is still regarded as a possibility, particularly in the event the committee is successful in nego- tiating a cancellation clause for the operating contracts. Flash Review Loyalties — The Galsworthy play has been converted into a generally entertaining film. . . . The British speech of the players is at times diffi- cult to make out. . . This film will be reviewed in full in later issue of Motion Picture Daily. LeRoy to Do China Story Hollywood, Oct. 24. — Mervyn Le- Roy will direct "Oil for the Lamps of China" for Warners on his return from New York. The director leaves for Manhattan Fridav. having wound up work on "Sweet Adeline." MOTION PICTURE DAILY* HOLLYWOOD PREVIEW "Enter Madame'' {Paramount) Hollywood, Oct. 24. — Aside from high class production values, some good trouping by Cary Grant, Lynne Overman and Michelette Burani, this dramatic exploration into the love life of an operatic star is spotty entertainment, mildly amusing. While Producer Benjamin Glazer and Director Elliott Nugent unite efforts for the best effect, somehow this former stage vehicle doesn't hit the emotions as a picture. The story is of Grant, an American, who, after saving the opera singer, Elissa Landi, from a stage fire, marries her, becoming "just her gigolo." He tires of her, and back in New York starts divorce pro- ceedings, intent on marrying Sharon Lynne, when Madame Star, on tour, enters and the divorce is forgotten. Grant shows to good advantage with a light comedy flair and Over- man gives a polished performance. Others in the cast are Frank Albertson, Cecelia Parker, Paul Porcasi and Miss Landi who, as the prima donna, overacts beautifully while her singing is contributed by Nina Kishetz and is not too well synchronized. Stirring is the "Cavalleria Rusticana" number, with the photography good throughout. Compared to current operatic films, however, this one evaluates program calibre. Production code seal No. 268. Run- ning time, 84 minutes. "Girl of My Dreams (Monogram) Hollywood, Oct. 24. — This picture clicks as entertainment with plenty of genuine comedy. The story deals with the antics of a gang of college youngsters including Eddie Nugent, campus "big shot"; Creighton Chaney, a star athlete; and Mary Carlisle and "Gig" Parish as their respective girl friends. Sterling Holloway, editor of the campus paper, and his pal, Arthur Lake, tamper with the votes in the college popularity contest to cure Nugent of his conceit. In situations that follow the boys get too ex- cited, athletes neglect their training and everybody is giving his fra- ternity pin to the wrong girl. All is straightened out following an intercollegiate track meet and each lad turns up with the right girl. George Waggner wrote the original story and lost none of its humor in adapting it to the screen. Ray McCarey's direction shows plenty of fineness. The entire cast of young people are thoroughly at ease in their roles, especially Holloway whose comedy is outstanding. The photography, by Ira Morgan, is good. It's good program fare and a credit to all concerned. Running time, 65 minutes. Production code seal No. 294. Looking 'Em Over "Autumn Crocus" (Associated Talking Pictures-Anten) Here is the story of a woman's suppressed emotions on the brink of release in the form of an illicit romance, but suppressed again as she goes back to her English classroom cherishing memories of what might have been. This is putting baldly the basic elements of a drama told with the delicate touches of an etching. Life where surface emotional shadings never go deeper than pastel often has as much poignant drama as in its more vivid manifestations where passion is deep red. This is one of those things. Modern youngsters, given to self expression, may find it difficult to understand. Those average American audiences which like to see their heroes and heroines do the things they would like to do, but haven't the courage or opportunity to attempt, will not like it. This is enter- tainment only for those who prefer their emotional stimulants, vintage product. Fay Compton, woss: $5,000. (Average, $3,000) "MADAME DuBARRY" (Warners) WARNERS' HIPPODROME— (3.S00), 30c- |3e-44c, 7 davs. Gross: $6,000. (Average, k.OOO) "KANSAS CITY PRINCESS" (Warners) RKO PALACE— (3,100), 30c-40c-60c, 7 s. .Stage: Don Rodman and Band. Gross: fli.OOO. (Average, with stage show, $18,000) 'BELLE OF THE NINETIES" (Para.) LOEW'S STATE— (3,400), 30c-35c-44c, 7 days. Gross: $14,000. (Average, $10,000) COUNT OF MONTE CRISTO" (U. A.) LOEW'S STILLMAN— (1,900), 30c-3Sc-44c, • days. Gross: $7,000. (Average, $4,000) Baltimore to Have 3-Day Film Session Baltimore, Oct. 24. — A three-day film conference will be held here by the Maryland Congress of Parents and Teachers and the Baltimore dis- trict of the Maryland Federation of Women's Clubs, starting Monday. The first day's session will be opened by the Rt. Rev. Edward T. Helfenstein, bishop of the Protestant Episcopal Church of Maryland. "What Everyone Wants to Know About Motion Pictures" will be dis- cussed, and the social, economic and political aspects will be taken up. Archbishop Michael Curley of Bal- timore will give the invocation the second day when national and inter- national aspects of films will be up. A talk on "Control of the Motion Pic- ture" will close the conference on Wednesday. The influence of films on health, conduct and character of children and government censorship will be dealt with and Rabbi Morris A. Lazaron will give the invocation. The session will be conducted by Mrs. Robbins Gilman, president of the Federal M. P. Council and motion pic- ture chairman of the National Con- gress of Parents and Teachers. Lutherans Request Boycott for Films Savannah, Oct. 24. — The United Lutheran Church in America yester- day moved to bring its membership to boycott "indecent" pictures. The move "challenged" church mem- bers "to consider well that it is incon- sistent with the ethics of Christian life to patronize motion pictures por- traying vileness ; that to attend such pictures makes them accomplices in this crime against the moral well- being of the individual and social order," and urged its constituents to withhold their patronage "when they have doubt as to the wholesomeness of a picture or see or hear it indecently advertised." Atlantic City, Oct. 24. — The Prot- estant Episcopal Church officially joined the drive against immoral pic- tures yesterday. The triennial pastoral letter issued by the House of Bishops and read at the convention here said : "The degeneration of the motion picture industry has been such that it has aroused righteous indignation of all self-respecting people who have demanded the right to decency." Favors Film Study In School Courses Cincinnati, Oct. 24. — Teaching dis- crimination in pictures in an effort to instill in students a sense of film values is as much an obligation of schools as the teaching of the arts, sciences and literature, declared Dr. Edgar Dale, associate professor in the Col- lege of Education, Ohio State Uni- versity, in speaking before the Cin- cinnati Better Film Council. "Lack of proper recreational facili- ties is responsible for the large attend- ance of children at the movies. Pro- viding these facilities will keep the child away from objectionable films. Meanwhile, conditions in the industry can only be corrected by changing the preference of the younger patrons in their selection of pictures," he said. "The time will come when pictures for children under 12 will not be un- der commercial sponsorship. Bruen Again Heads Allied of Northwest Seattle, Oct. 24. — Hugh Bruen of this city was re-elected president of Allied Amusements of the Northwest today at the 13th annual convention of the organization at the Washington Hotel here. Arthur Bishel, Spokane, was named first vice-president ; Leroy Johnson, Seattle, second vice-president; Wil- liam G. Ripley, Longview, third vice- president ; while James Hone was re- elected secretary-treasurer for the 11th time in succession. Al Rosenberg and John Danz of Seattle and H. T. Moore of Tacoma were chosen trus- tees for a term of three years. The attendance at the convention was the heaviest in the history of the organization, which was reported to have attained a strong financial posi- tion. 75-Cent Col. Dividend Columbia yesterday declared a 75- cent preferred dividend payable Dec. 1 on stock of record Nov. 15. "Barretts" Up In Chicago on $25,000 Gross Chicago, Oct. 24. — The Loop re- covered surprisingly from the previ- ous week's dip. "The Barretts of Wimpole Street" was a $25,000 smash at United Artists, being over par by $8,000. Total first run business was $158,- 800. Average is $131,600. Estimated takings : Week Ending Oct. 15: "CHAINED" (M-G-M) ROOSEVELT— (1,591), 25c-35c-50c, 3rd week (ends October 15), 7 days. Gross: $11,000. (Average, $11,000) Week Ending Oct. 18: "HIDEOUT" (M-G-M) CHICAGO— (4,000), 25c-35c-68c, 7 days. Stage: Ina Ray Hutton, Frazee Sisters, Nina Olivette, Murray & King. Gross: $50,000. (Average, $34,600) "WAGON WHEELS" (Para.) GARRICK— (900), 25c-35c-40c, 7 days. Gross: $5,000. (Average, $5,000) "YOU BELONG TO ME" (Para.) ORIENTAL— (3,940), 25c-40c, 7 days. Stage: Muriel Page in Flame Dance, Kel- lers & Lynch, others. Gross: $18,000. (Av- erage, $15,000) "GIFT OF GAB" (Univ.) PALACE— (2,509), 25c-35c-50c, 7 days. Stage: Veloz & Yolanda, Radio Rubes, Ar- ren & Broderick and others. Gross: $25,000. (Average, $22,000) Week Ending Oct. 19: "BARRETTS OF WIMPOLE STREET" (M-G-M) UNITED ARTISTS— (1,700), 30c-40c-60c, 7 days. Gross: $25,000. (Average, $17,000) "MADAM DU BARRY" (Warners) APOLLO— (1,400), 25c-35c-50c, 7 days. Gross: $10,000. (Average, $12,000) Week Ending Oct. 20: "AMONG THE MISSING" (Col.) STATE-LAKE— (2,776), 20c-25c-35c, 7 days. Stage: Gay Nineties revue and vaude- ville. Gross: $14,500. (Average, $15,000) Double Bills Spread Downtown in Frisco San Fra"ncisco, Oct. 24. — Market St. is again experiencing the battle of the double bills. Just when Fox West Coast thought it had the situation all to itself at the big Fox Theatre along came F. & M. and announced double bills at his Orpheum, following the run of "One Night of Love." This move has forced F. W. C. to put double bills into the Paramount and the policy will start one week ahead of the Orpheum. This will put a F. W. C. theatre on each side of the Orpheum playing double bills of major product. The Orpheum has Universal and Columbia. The Paramount double bill will be "A Lost Lady" and "Mrs. Wiggs of the Cabbage Patch." The California and Embassy, also F. W. C. theatres on Market St., are using double bills. Duals, Triples Gain In Wisconsin Spots Milwaukee, Oct. 24. — While local exhibitors are awaiting a clearance schedule which they hope will put an end to present cutthroat practices, double features have been announced for the Warner, starting Oct. 26, mak- ing it the third first run on the avenue to play duals. With duals general throughout Mil- waukee county and spreading rapidly through the state, houses in various spots are going to triple features, in- cluding the Elite, local neighborhood theatre operated by Bernhard Lassack. 6 MOTION PICTURE DAILY Thursday, October 25, 1934 It'll Be a Ball Game (Continued from page 1) nine. The story of their prowess penetrated into New York and Westchester night club circles and the Hangovers got up before noon one day to issue a challenge through John Carl Krindler. Herbert Bayard Swope will play the role of Judge Landis for the purpose of settling all disputes that the umpires can't handle. The spectators will be picked up at various Manhattan points Sunday morning. All the showgirls who can wind an alarm clock will be in the cheering section. A 20-piece band will parade. The Eagles will wear blue and white and the Hangovers red and white. The Eagles' lineup includes: George Antheil, Bugs Baer, George McL. Baynes, John Beigano, Jim Barton, Frank Case, Jack Demp- sey, Charles Ellis, Paul Gallico, Ben Hecht, Thomas H. Hitch- cock, Jr., Walter Huston, Arthur Koenig, Bert Lahr, Gregory LaCava, Ernst Lubitsch, Robert Maxwell, Charles MacArthur, Lee Parcels, Dan Parker, Henry Varnum Poor, Robert Ripley, Billy Rose, Harold Ross, Arthur Rosson, Damon Runyon, Jimmy Savo, Sal Savo, Ed Sullivan, Robert E. Sherwood, James Thurber, Wal- ter Winchell and Adolph Zukor. The Hangovers' talent includes: Buddy Adler, Philip Amidown, Harold Allen, Humphrey Bogart, Heywood Broun, Monte Brice, Charles Burns, William Collier, Jr., Bill Corum, James Shaw Coslove, Woolworth Donahue, Bradley Dresser, Charles Ferry, Ben Finney, Erskine Gwynne, Francis T. Hunter, Julius Hall- heimer, John Hemingway, John Randolph Hearst, William Ran- dolph Hearst, Jr., Tom Johnson, Russell Johns, John Carl Krind- ler, James Lewis, Robert LaBranche, "Prince" Mike Romanoff, Dudley Field Malone, Willard McKay, John McCIain, Edmond O'Brien, Edward J. Reeves, John Rumsey, Phil Reisman, Thomas Shevlin, William Tilden, Ernest Truex, John Van Alstyne and Cornelius Vanderbilt Whitney. Distributors Hit Clearance Set on Prices (Continued from page 1) charging the same admission shall have the same availability. The ob- jections were made on the ground that such a plan would create a print shortage. Distributors pointed to the Chicago situation where exchanges have to borrow prints from nearby offices to meet demands by subsequent theatres charging the same admission when an availability comes through. It is understood that a recommenda- tion will be made to Campi today whereby provisions in the uniform contract give theatres following first runs 30 days in which to date. All schedules heard by appeal com- mittees have clauses governing clear- ance by admissions and not one has been approved by Campi. Reports emanating from Kansas City that a number of independents objected to the schedule and would ask for a delay in the hearing on the schedule failed to materialize. Jay Means, president of the I. T. O. ; Ed Dubinsky, George S. Baker, L. J. Mc- Carthy, A. Bare and M. Thompson sent in letters and telegrams to Campi insisting that the hearing go on and that the plan be adopted. The only objectors were M-G-M and Para- mount, who were represented by Saunders and Justin. No one from Missouri was on hand. Committee Is Stumped One of the clauses which had the appeal committee, consisting of Na- than Yamins, Rube Jackter and Wil- liam Yoost in a quandary was that which stated subsequent runs would have to wait from 35 to 42 days after the last day of first runs. Another was the clause whereby sdme houses would have to wait from 28 to 35 days after preceding runs were through with pictures. John C. Flinn called Grace Gannon, code secretary in Kansas City, on the telephone and she interpreted the clause as meaning that exhibitors would have a minimum of 35 days and a maximum of 45 after first runs, or would lose clearance rights. The same applied to other clauses where a seven-day lapse was provided. Campi today will get the Los An- geles and Kansas City schedules for approval. It is hoped that the for- mer will be approved, so that it can be put into effect immediately. Kan- sas City exhibitors are not anxious to have the new plan operative until Dec. 1. Code Binds, But Is "Helpful"— Cohen (Continued from page 11 recognized that there are things in life which cannot be put on the screen." The production code, in Cohen's opinion, has not resulted in any dimi- nution of Mae West's box-office ap- peal. "Miss West's personality is greater than an outlawed theme or gag. Her next picture, 'Now I'm a Lady,' will be her best," he predicted. Cohen observed that the Production Code Administration in Hollywood has been "very helpful" to producers. Asked about his probable status in the production picture after the reor- ganization of Paramount Publix, Cohen said that it would be decided by the directorate of the new company, adding that he likes the studio and would prefer to continue there to com- plete the job that is under way. Cohen will be here another week or two, looking at stage plays and check- ing up on film performances. His cur- rent trip is not occasioned by the im- minent Paramount Publix reorganiza- tion, he said. "That doesn't involve me,'' he explained. "My job is to make good pictures at the lowest pos- sible cost." Dine Advisory Group Los Angeles, Oct. 24. — The Cen- tral Casting Bureau will celebrate the inaugural of its advisory council to- morrow at a luncheon at which the mayor will be the guest of honor. The council, instituted by Campbell MacCullough upon his succeeding David Allen as head of Central Cast- ing, consists of Mary Pickford, Dr. Buckley, foreman of the local grand jury; nine clergymen and a number of leaders in the city's social and wel- fare circles, the total membership not exceeding 20. At the luncheon, which will be held in the board room of the local Hays office, there will be discussed ways and means of handling the problems confronting the bureau. Cincy Cases Postponed Cincinnati, Oct. 24. — Two over- buying cases, the Grand, Dayton, vs. the Wayne, same city, and the New Arcade, Newark, O., vs. the Audito- rium, Grand and Midland, same city, docketed for hearing by the local grievance board yesterday, were post- poned until Nov. 8, at request of the respondents. Furber Hits Rival Move at Trans-Lux (Continued from page 1) stockholders calling their attention to a circular received by them from a "reorganization committee," which, according to the bulletin, was designed to forestall calling a stockholders' annual meeting. The bulletin points out that "no mem- ber of this so-called 're-organization committee' is a stockholder of record in the company, and we believe all are either directly or indirectly em- ployed by or associated with Archie M. Andrews." The bulletin contends Andrews, a director of the company in 1932, is attempting to gain control by vir- tue of a substitute merger agreement between Trans-Lux and the News Projection Corp. Valentine at AMP A Lewis J. Valentine, police commis- sioner of New York City, will be the guest of honor today at the Ampa luncheon at the Motion Picture Club. John W. Alicoate, publisher of The Film Daily, will be guest chairman. Other guests will include Ben Ber- nie, Bert Lahr, Harry Hershfield, Frank Fay, of the Federal Department of Justice; A. J. Kobler, publisher of the Daily Mirror; Helen Hayes, Bert Lytell, Lois Moran, Lillian Gish, Ra- quel Torres, Lila Lee and "Dizzy" and "Daffy" Dean of the St. Louis Cardinals. Cohn, Hohlman Recover Hollywood, Oct. 24. — Columbia's sick list has been shortened by the re- turn to the studio of Harry Cohn and William S. Hohlman, studio manager. Both were away from their desks sev- eral days with colds. Fred Niblo, Jr., is still taking time off from scripting "Unknown Woman" because of the same malady. Capital Sees Acceptance of New Cost Plan (Continued from page 1) from the big concerns, all of the lat- ter will make a greater contribution in real money, and, in addition, those companies at the top, which will pay $23,1XX) a year will again be assessed for large sums under the exhibitor schedule. The plan, he explained, was the unanimous recommendation of the finance committee composed of Harold S. Bareford, Sidney R. Kent and Edward Golden. Further, it was pointed out. the com- panies at the top, because of the fact that they are large enough to meet any contingency which arises, will receive proportionately less bene- fit under the code than the small con- cerns. While the percentage contribu- tion of the small companies will be larger than that of the great com- petitors, the total to be contributed by the independents will be but $18,- 000 out of a total of 10 times that much, instead of $30,000, as first con- templated, although they do more than 10 per cent of the total business. FitzPatrick to Do Liszt Film in Color (Continued from page 1) will be all-Technicolor, FitzPatrick using the three-color process. FitzPatrick is producing eight Technicolor Traveltalks for M-G-M this season in addition to a color short just completed, "Old Kentucky Home." He has just returned from the M-G-M studio and there is a possibility that this company will dis- tribute the feature. Recent Travel- talks completed in color are "Ireland, the Emerald Isle" and "Zion, the Canyon of Color." The feature is based on the life of the Hungarian composer and Na- thaniel Shilkret is now working on the musical score. FitzPatrick is working on the adaptation and plans to leave for Hollywood in about a month to start production. Officials of Para, in Reorganization Talk (Continued from page 1) reorganization. Representing the studio were Emanuel Cohen, produc- tion head, and Henry Herzbrun, studio counsel. From the field were N. L. Nathanson of Famous Players Canadian, E. V. Richards of Saenger, Karl Hoblitzelle of Texas and others. Adolph Zukor and George Schaefer headed the home contingent. Contrary to reports, the session was not a meeting of the Paramount Pub- lix board of directors. That body does not function while the company is in bankruptcy. Pick Lincoln Opener Lincoln, Neb., Oct. 24. — Grace Mtore's "One Night of Love" will be the attraction for the opening week of the remodeled Varsity theatre here. The showplace, formerly the Rialto, somewhat of an historic landmark in the city, has been closed for several weeks for remodeling. It will open Friday. A VARIETY OF USEFUL INFORMATION FOR EVERY SHOWMAN IN ONE HANDY VOLUME Office Memorandum ROYALTON THEATRE To: Mr. Hornstein From: E M P Call Smith tomorrow and get him to return my Motion Picture Almanac. Got important campaign to lay- out for next week and need it right away. Look up biogs. of MacDonald and Chevalier for me when you get it. Think with stars like that I can make that overdue tieup with fashion dept. of Hall & Kimball and he all set on Merry Widow when it gets here. Chevalier is perfect name for that radio tieup Stiller phoned me about yesterday. Send Almanac to Reed, Evening Standard, on Monday. He wants to look up coming product, titles and casts for feature yarn on Saturday. See that we get a break in it. Tell Goldberg he can have it about Wednes- day. Wish these fellows would invest five bucks and get it if they need it so badly. And don't forget to have my file of Motion Picture Herald on my desk early tomorrow morning. Checked off some fine exploitation ideas in Mike Vogel's department particularly that fellow's who got the last Quigley Award. We can use some of his stunts right here . QUIGLEY PUBLICATIONS 1790 Broadway New York City the best time for LOVE! WINTER was the time for love, In Ye Happy Olden Days — For the wind that howled above Lovers had the highest praise. BUNDLING came with winter's cold — Warm as toast beneath the covers Of the tester bed of old, Were the happy olden lovers' By center board they were divided, BUNDLING while their hearts entwined — Lack of firewood so provided For true love to seek its kind. And when BUNDLING did its duty, And the parson made them one — Gallants then embraced their beauty, Need for center board was done! There is BUNDLING today at Radio City Music Hall in Paramount's "THE PURSUIT OF HAPPINESS," starring FRANCIS LEDERER, with Joan Bennett, Charlie Ruggles and Mary Boland. Directed by Alexander Hall. Prints now available at all Paramount Exchanges. Picture Industry MOTION PICTURE DAILY Alert, Intelligent Faithful Semf|sf|w the Industry in All Branches OL. 36. NO. 99 NEW YORK, FRIDAY, OCTOBER 26, 1934 TEN CENTS )ecide Local Advisors on Code Remain 4ain Board Determines Plan Is Helpful The three advisory clearance and oning boards in New York stay, fol- iwing a decision reached by the main oard yesterday. : For the past two weeks members f the main board have been discuss- ng the advisability of dropping the econdary committees on the ground lost of the work done by them was waste of time. The main board leld it has to hear the cases again fter the advisory boards listen to ?stimony and that this constituted lost lotion. However, this theory was disposed f in quick order yesterday when a (Continued on page 7) UPTOA for Federal Move Against ASCAP Not satisfied with the compromise eached recently between the exhibi- ors' emergency committee and A. S. :. A. P., the M. P. T. O. A. will go head with plans to support the gov- rnment in its suit against the music ociety, it was learned yesterday. Al- ed already has gone on record dis- pproving the compromise. The M. P. T. O. A. stand is that it 5 against any tax increase and that if he society can get away with the pres- ent increase there is no telling what .•ill come next. The agreement reached ecently is regarded as tentative. Says Sennett Wants Walker in Pictures London, Oct. 25.— That Mack Sen- iett is interested in a move to put ormer Mayor James J. Walker on he screen is indicated by comments 1 "Tatler's" column of The Daily Film tenter. "Tatler" says Walker isn't "even a lame in Great Britain," but says that Bennett thinks Walker is "the biggest Iraw in the world — that there is no me in the states who hasn't heard of lim, and who doesn't realize his :lamour." Century and Skouras In 10-Year Compact Century circuit's pool with Skouras fheatres in Long Island, signed last veek, is for 10 years, A. H. Schwartz if Century stated yesterday. Exactly (.Continued on page 8) Actors Can Join A.F. of L. OnlyViaUnion UnderEquity Washington, Oct. 25. — Affiliation of the Screen Actors' Guild with the American Federation of Labor would have to be accomplished by forming a local union under Actors' Equity, it was said today by A. F. of L. offi- cials discussing the California situa- tion. Although it was said the Washing- ton headquarters were not informed of the latest developments and could do nothing until application for affilia- tion had been received, it was be- lieved the guild could not be given an individual charter in view of the or- ganization's policy of incorporating under one banner all members of a (Continued on page 7) Seattle Is Assured Of Sunday Shows Seattle, Oct. 25. — No Sunday clos- ing of theatres will be attempted here, declared Mayor Charles Smith yester- day in addressing Allied Amusements of the Northwest at the Washington Motel. About 150 delegates were pres- ent from Washington and Idaho. Councilman James Scavatto advo- cated the use of theatre screens by exhibitor organizations to elect can- didates friendly to the industry and for protection of theatres against rackets such as tango games and dog races. The convention closed with a ball under the chairmanship of Robert Murray. GaumonVs Selling Force Totals to 62 The Gauniont British sales staff now totals 62 in various parts of the country, Arthur Lee stated yesterday. More will be put on in territories where G-B is not yet represented with its own selling force. George Weeks, general sales manager, leaves for the coast by plane next week to organ- ize western sales staffs. In New York G-B product is be- ing sold on a picture-to-picture basis. Recently the Skouras circuit signed a deal for the entire list. This con- tract was cancelled last week by G-B and a new one signed yesterday. Leonard Joins "U"; Grimm on Radio Job Charles A. Leonard will succeed Ben H. Grimm today as advertising assistant to P. D. Cochrane at Uni- versal. Leonard has had a long experience in agency and film advertising. In the (Continued on page 8) Merriam Ahead 7-1 Film circles are seven to one against Upton Sinclair's candidacy for the governor- ship of California, according to the Literary Digest's poll. This is the proportion in fa- vor of the Republican candi- date, Governor Merriam, in the publication's balloting. The report from Beverly Hills was: Merriam, 718; Sin- clair, 110. "Bank Night" Men Look for Code Change Proponents of the "Bank Night" see a reopening of the code and elimina- tion of the clause declaring this prac- tice illegal. According to one promoter of the idea, 200,000 letters have been sent to President Roosevelt asking him to take this clause out of the code. "Where 'Bank Nights' are used," it is held, "business has increased for merchants, hotels and theatres. The practice has given considerable em- ployment to people." The same proponent states that in Montana, the practice has been held (Continued on page 7) MPTO Unit Demands Congress Probe NRA Pittsburgh, Oct. 25. — Resolutions demanding a Congressional investiga- tion of the NRA and a complete re- writing of the film code before any laws are passed extending the life of the NRA were passed at the conven- tion of the MPTO of Western Penn- sylvania. Another set of resolutions pledges the unit to seek a revision of the copy- right laws for the purpose of fore- stalling new charges by the A. S. C. A. P. Air Race Reel Sent By Radio to London By BRUCE ALLAN London, Oct. 25.— Gaumont British claims to be the first company to send a newsreel film by wireless. The film (Continued on page 8) Expect Equity Compromise On Guild Rule Eddie Cantor, as Head, Looking for This A compromise proposal which will preserve local autonomy for the Screen Actors' Guild any yet permit an alliance with Actors' Equity Ass'n is seen as a probability by Eddie Can- tor, guild president, who, however, admitted yesterday that he is unin- formed on the exact nature of the affiliation agreement which will be submitted to the Equity council next Tuesday. Equity headquarters here, likewise, remained in the dark yesterday as to the provisions of the agreement which was approved by the guild's board of governors in Hollywood on Tuesday and which Frank Gillmore, Equity president, is bringing with him to New York. Gillmore, en route by plane, had not arrived up to late yes- terday, but is expected at his office today. Explaining that his radio work had kept him in the east and that he had lost touch with developments in the (Continued on page 7) Joyce to Continue Para. Board Probe Examinations of former and pres- ent Paramount Publix officials being conducted before Special Master John E. Joyce in connection with the trus- tees' action to recover up to $12,- 700,000 from former directors of the company as a result of stock repur- chase agreements from 1928 to 1932 will be continued in the hope of de- veloping evidence for the trial itself, it was learned yesterday. About a dozen present and former Paramount officials, and William S. Paley of Columbia Broadcasting ; George Trendle and John Kunsky of Detroit, are subject to call by the (Continued on page 8) Agency Hearing Is Put Over to Nov. 1 Washington, Oct. 25. — Postpone- ment of the hearing on the agency committee proposals from Oct. 31 to Nov. 1 was announced today by Deputy Administrator Sol A. Rosen- blatt as he left Washington for Ne- braska to take the stump in behalf of Edward R. Burke, Democratic can- didate for the Senate. Rosenblatt will not return to Washington until the beginning of next month. MOTION PICTURE DAILY Friday, October 26, If MOTION PICTURE DAILY (Registered U. S. Patent Office) Vol. 36 October 26, 1934 No. 99 Maktin Quigley Editor-in-Chief and Publisher MAURICE KANN Editor JAMES A. CRON Advertising Manager £3 Published daily except Sunday and holi- days by Motion Picture Daily, Inc., sub- sidiary of Quigley Publications, Inc., Martin Quigley, President; Colvin Brown, Vice-President and Treasurer. Publication Office: 1790 Broadway, New York. Telephone Circle 7-3100. Cable ad- dress "Quigpubco, New York." All con- tents copyrighted 1934 by Motion Picture Daily, Inc. Address all correspondence to the New York Office. Other Quigley pub- lications: MOTION PICTURE HERALD BETTER THEATRES, THE MOTION PICTURE ALMANAC and THE CHI- CAGOAN. Hollywood Bureau: Postal Union Life Building, Vine and Yucca Streets, Victor M. Shapiro, Manager; Chicago Bureau: 407 South Dearborn Street, Edwin S. Clif- ford, Manager; London Bureau: Remo House, 310 Regent St., London, W. 1, Bruce Allan, Representative. Cable address: "Quigpubco, London"; Berlin Bureau: Berlin-Tempelhof, Kaiserin-Augustastrasse 28, Joachim K. Rutenberg, Representative; Paris Bureau: 19, Rue de la Cour-des- Noues, Pierre Autre, Representative; Rome Bureau: Viale Gorizia, Vittorio Malpassuti, Representative; Sydney Bureau: 102 Sus- sex Street, Cliff Holt, Representative; Mex- ico City Bureau: Apartado 269, James Lockhart, Representative; Glasgow Bureau: 86 Dundrennan Road, G. Holmes, Repre- sentative; Budapest Bureau: 3, Kaplar-u, Budapest, II, Endre Hevesi, Representa- tive; Moscow Bureau: Civtzev Vrazhek, N 25, Apart. 146, Moscow, U. S. S. R., Bella Kashin, Representative. Cable address: Samrod, Moscow. Entered as second class matter, January 4, 1926, at the Post Office at New York City, N. Y., under Act of March 3, 1879. Subscription rates per year; $6 in the Americas, except Canada $15 and foreign $12. Single copies: 10 cents. "Innocence" Pulls $85,000 in a Week "Age of Innocence" at the Music Hall tallied approximately $85,000 for the week. "Little Friend" in its first week at the Roxy led "Chu Chin Chow" by $500, grossing $32,500 for the stanza. The Criterion with "Man of Aran," garnered $5,500 for the first seven days at two-a-day. "Now and Forever" in the last seven days of a two-week run at the Paramount took $28,000. Albany Gets Vaudeville Albany, Oct. 25. — Vaudeville re- turns to Albany on Nov 2 when the Harmanus Bleecker Hall will run acts four days each week together with pictures, but will hold to films only the last three days. Oscar J. Perrin will manage the house, switching from the Palace, where John Garry will take his place. The latter formerly was at the Hall. Howard Has Tonsilitis London, Oct. 25. — Leslie Howard is ill here with tonsilitis and will be con- fined to his home for several days. He is here on vacation from the Warner studios in Hollywood Hull and Louise on Streamlined Train Tim McCoy Back at Work Hollywood, Oct. 25. — Tim McCoy is back on the Columbia lot for the start of a series of westerns, the first of which will be "Burnt Ranch." Henry Hull and Anita Louise were the film representatives on the Union Pacific's streamlined train which ar- rived at Grand Central station yes- terday morning. Hull, who recently finished work in "Great Expectations," will make a personal appearance at the opening of the picture in the Music Hall. Until about Nov. 15 he will spend most of his time at his summer home at Lyme, Conn. Miss Louise made a personal ap- pearance last night at the Strand and was interviewed over Station WMCA by Sam Taylor later. She will be here about a week. Both players made broadcasts en route during stops of the train and were on the air over WJZ at the welcoming ceremonies in the terminal. Teperson Attorney For IT OA and Union Hearings in the suit of the Allied M. P. Operators' Union for an in- junction to prevent members of Local 306 from working in houses where the Allied union has contracts have brought an admission that Joseph A. Teperson was counsel for both the Independent Theatre Owners' Ass'n. and Allied. The testimony was designed to sup- port the contention of Local 306 that Allied was formed at the instigation of the I. T. O. A. Harry Brandt, one of the witnesses, admitted that the 10-year contract with Allied was the only one of its kind with a union. The case is being heard by Referee Robert McC. Marsh. Laughton Withdraws From "CopperHeld" Hollywood, Oct. 25. — After work- ing two days in the role of Macawber in "David Copperfield." Charles Laughton, feeling the part inadequate for him, asked for and gained his re- lease from David Selznick. This en- tailed no delay in production or ex- pense other than pay Laughton for the time loaned. He returns to Paramount where he is under contract, and it is expected that W. C. Fields, from the same studio, will be substituted for him. With Regrets Providence box-office re- port, published in Motion Picture Daily on Oct. 19, in- advertently credited "Once to Every Bachelor," which did $8,100 as against an average of $7,000 at the RKO Albee, to Mascot and "Cheaters," which grossed $200 over the RKO Victory's normal of $1,- 000 to Columbia. Both of these pictures were produced by Liberty. Child Shows Exempt In Phila. Boycott Philadelphia, Oct. 25. — What ex- hibitors are hoping is to be the first sign of loosening up of the stiff Cath- olic boycott, is the exemption of the Junior Cinema Guild's productions for children from the church ban by Car- dinal Dougherty. Under the joint auspices of the Junior Cinema Guild and the Junior League of Philadelphia. Saturday pro- grams are run off every week, to be- gin this season on Nov. 3, at the Penn Athletic Club. Selected features alter- nate with all-cartoon programs. Cardinal Dougherty told the group: "You may advertise that movies such as yours presented at the Penn Athletic Club are not included in the Catholic boycott and that our children will be permitted to attend these films." Gunmen Rob Maloy9 s Indiana Residence Chicago, Oct. 25. — Five gunmen, after kidnapping a deputy sheriff whom they used to gain entrance into Tom Maloy's home at Long Beach, a suburb of Michigan City, Ind., looted the house of $50,000 in cash and $13,- 000 in jewels. Maloy, head of the operators' union, was away at the time. The intruders were admitted by Airs. Effie Gascoign. cousin of Mrs. Maloy. They were especially rough in their treatment of Mrs. Maloy, the police say. Maloy is under Federal investigation on a charge of income tax evasion. He recently made the headlines when Fred Oser, an operator, was shot in the union headquarters. Ralph O'Hara, a Maloy lieutenant, was acquitted on grounds of self-defense. Loew's Off iy2 on Big Board High Low Close Columbia Pictures, vtc 36% 35 3554 Consolidated Film Industries 3lA 3]4 3% Consolidated Film Industries, pfd 1534 1554 15?4 Eastman Kodak 10644 106 106 Eastman Kodak, pfd 143 142^1 143 Fox Film "A" 12*6 12*6 1244 Loew's, Inc 31*6 29 29 Paramount Publix 4?4 4 4 Pathe Exchange Wi VA Pathe Exchange "A" 13VS 13% \3V? Warner Bros Wt Mi Mi Technicolor Off Vs on Curb Net Change - % + >A —2 +1 + Vi —VA - Vi Technicolor Net High Low Close Change 13 1244 12** — M Paramount Bfway Bonds Drop 2 High Low General Theatre Equipment 6s '40 7 Keith B. F. 6s '46 62% 62 Loew's 6s '41, ww deb rights 103ZA 102>g Paramount Broadwav 5^s '51 42 42 Paramount F. L. 6s '47 57% 56% Paramount Publix 5%s '50 57}4 57 Warner Bros. 6s '39, wd 585^ 58 Net Close Change 7" 62VS 103^ 42 5654 57 58 + *A + M —2 -U + V* Sales 800 800 800 2.000 18.000 1.900 9.800 3.400 700 200 5.100 Sales 1,200 Sales 3 4 2 5 1 13 11 < Purely Personal i DAVE DAVIDSON has bet1 named advertising and publicr director of Majestic by E. H. Goi. stein, vice-president. Davidson \: been with Kunsky Theatres, Detro and B. & K. in Chicago. Chris Buckley, Albany first ri operator, goes to New Haven evei week-end to see Chris, Jr., husl offspring and fullback on the Ya gridiron team. Parker Morell, author of "Di mond Jim," has been signed by Ur versal to do the screen adaptatio He will leave for the coast Satu day. Julius Aussenberg, former Berl manager for Fox Film, and now resident of Prague, Czechoslovakia, stopping at the Edison Hotel. Ernst Lubitsch has changed h mind about going west Sunday at now doesn't intend to leave befo Monday or Tuesday. George Gerhard has finished ; original, tentatively titled "A Prin for Sale." Paramount is conside ing it. Anatole France's "The Crime Sylvestre Bonard" has been bought 1 Radio. Anne Shirley will be in Robert Harris and James Mu hauser have sold their operetta, "Sii Me a Love Song," to Universal. Budd Rogers leaves next week a tour of Liberty franchise holde in the field. Jack Lewis, assistant to Josei I. Breen, arrived yesterday frc Hollywood. Mark Sandrich has been invited address the drama class at N. Y. Donald Novis will head the sta show at the Capitol starting today Sol Kravitz is now booker Gaumont British in New York. Budd Barsky has gone back to t coast. Paramount Men Leavi George J. Schaefer. vice-preside and general manager, headed the 1 cal delegation of Paramount m headed for a three-day conference district managers at Hot Springs, A The sessions open today. Neil Asrne Robert F. Gillham and G. B. J. Fra ley were among the New York cc tingent. Crew Back from Soutf A camera crew sent to Chariest' S. C. by W. A. Bach, head of Auc Prod., to do scenes for "Liebestraun one of the "Musical Moods" series, \ returned. The Middleton and Magr lia gardens outside of Charleston ? included among the scenes. Senators Ask to See Fit Washington, Oct. 25. — "Dealers Death." the film expose of the mu! tions racket, has been called by a sj cial committee of the Senate for special preview. The screening w take place next week. Closing for Alterations Dr. Leon Greenfield will close t Boro Hall, Brooklyn. Sunday nis for five weeks, during which altei tions will be made. HER LOVELINESS WILL WEAVE ITS SPELL! Audiences can never forget her beauty. . .nor forgive her enemies... when with appeal- ing eyes she begs to rejoin her people... when her in- nocence betrays her to the dark schemes of ruthless men. You and your customers will discover for yourselves her amazing personality. .. in this drama taut with suspense! SPENCER TRACY • KETTI GALLIAN NED SPARKS ♦ HELEN MORGAN SIEGFRIED RUM ANN LESLIE FENTON • ARTHUR BYRON JAY C. FLIPPEN & STEPIN FETCHIT DANGER SPOT OF THE WORLD 0i Produced by Winfield Sheehan • Directed by Henry King Screen play by Reginald Berkeley • Based on a novel by Jacques Deval The Canal Zone . . . strategic center of international intrigue . . . seething with spies . . . land of mysteri- ous disappearances . . . and unex- plained deaths . . . grim stage for this fascinating drama. WRUBEL SONG HITS - AND FRANK BORZAGE'S BROS.' MILITARY MUSICAL- FLIRTATION WALK- THOUSANDS OF OTHERS-SELECTED BY THE NATIOI -SHUN! HERE COMES THE ARMY- AND AMERICA'S i'EETHEARTS- AND THE WHOLE WEST POINT CADET 0 SPECTACULAR BOBBY CONNOLLY DANCE NUM- HUNDREDS OF GIRLS- AND FOUR NEW DIXON AND BRILLIANT PRODUCTION EFFECTS - IN WARNER DICK POWELL, RUBY KEELER, PAT O'BRIEN-AND EY BOOKERS AS AMERICA'S THANKSGIVING SHOW MOTION PICTURE DAILY Friday, October 26, 193 "Forever" Is Washington's Bet, $22,000 Washington, Oct. 25. — "Now and Forever" proved the strongest dra\v of the week here, knocking down $22,- 000, over par by $4,400, at the Earle. A vaudeville bill headed by the Kitaros Trio helped. "The Cat's Paw" came in for second comparative honors by running over the profit line $2,500 for a total of $23,000 at Loew's Fox. Three houses were on second weeks or return en- gagements, but in spite of this busi- ness held up to $79,700. "The Barretts of Wimpole Street," playing Loew's Columbia after an earlier 14-day run at Loew's Palace, took $8,000. "One Night of Love" grossed $4,500 in two days and a sin- gle show the night before. The first part of the week (4^ days) was held by "Belle of the Nineties," which drew $3,200. The picture is in the Warner No. 2 house for an indefinite run, which is expected to stretch into four full weeks. Loew's Palace, in the second week of "Cleopatra," was weak at $6,000. "The Age of Innocence" was worth $13,000 to RKO-Keith's. Estimated takings, exclusive of tax, for the week ending Oct. 18: "NOW AND FOREVER" (Para.) EARLE— (2,218), 25c-77c, 7 days. Stage: Kitaros Trio, Irene Beasley, Barney Grant & Hillbillies, Virginia Bacon & Co. Gross: $22,000. (Average, $17,600) "THE BARRETTS OF WIMPOLE STREET" (M-G-M) LOEW'S COLUMBIA— (1,264), 25c-40c, 7 days (return engagement). Gross: $8,000. (Average, $3,100) "THE CAT'S PAW" (Fox) LOEW'S FOX— (3,434), 25c-66c, 7 days. Stage: Ed Lowry, George Sidney, Eleanor Powell, Lillian Dawson, Florence & Alva- rez. Gross: $23,000. (Average, $20,500) "CLEOPATRA" (Para.) LOEW'S PALACE— (2,370), 35c-77c, 7 days, 2nd week. Gross: $6,000. (Average, $14,500) "BELLE OF THE NINETIES" (Para.) METROPOLITAN— (1,591), 25c-40c, 454 days (extended run, second week). Gross: $3,200. (Average, full week, $4,100) "ONE NIGHT OF LOVE" (Col.) METROPOLITAN— Two days' return en- gagement, plus special opening show, to complete week of above. Gross: $4,500. (Average, full week, $4,100) "THE AGE OF INNOCENCE" (Radio) RKO-KEITH'S— (1,836), 25c-55c, 7 days. Gross: $13,000. (Average, $11,400) "Wimpole" Big in Montreal, $12,500 Montreal, Oct. 25. — The Palace and Loew's ran neck and neck for popular favor. "The Barretts of Wim- pole Street," with Norma Shearer in the lead, Norma being a Montreal daughter, brought a healthy $12,500 to the Palace. At Loew's, the same gross was reg- istered with "Have a Heart" on the screen and Arthur Tracy on the stage along with six acts of vaudeville. "The Richest Girl in the World" gave $9,500 to the Capitol. Third week of "One Night of Love" at the Princess was good for $4,500, the total run be- ing worth §20,500. Total first run was $39,000. Aver- age is $37,000. Estimated takings for the week end- ing Oct. 20 : "THE RICHEST GIRL IN THE WORLD" (Radio) (Continued on page 8) 'Barretts" Up To $43,700 in Its 3rd Week In its third week at the Capitol "The Barretts of Wimpole Street" was still Broadway's outstanding at- traction. The take was $43,700, enough to warrant a fourth week, which is claimed to be the first sound picture ever to be held that long in this spot. Only one silent film, "Flesh and the Devil," stayed that long. "Judge Priest" was big at the Music Hall, but not sensational. The gross was $77,000. There were two other holdovers, "Count of Monte Cristo" at the Rivoli, with a gross of §18,000 for its third week, and "Peck's Bad Boy," with a take of §25,850 at the Roxy on its second week. Estimated takings : Week Ending Oct. 16: "COUNT OF MONTE CRISTO" (U. A.) RIVOLI— (2,300), 40c-99c, 3rd week, 7 days. Gross: $18,000. Week Ending Oct. 17: "THE MERRY WIDOW" (M-G-M) ASTOR— (1,012), 55c-$2.20, 7 days. Gross: $18,957. "WAKE UP AND DREAM" (Univ.) MAYFAIR — (2,300), 35s-65c, 7 days. Gross: $13,000. "JUDGE PRIEST" (Fox) RADIO CITY MUSIC HALL— (5.945), 35c-$1.65, 7 days. Stage show. Gross: $77,000. Week Ending Oct. 18: "BARRETTS OF WIMPOLE STREET" (M-G-M) CAPITOL— (4,700), 35c-$1.65. 3rd week, 7 days. Stage show. Gross: $43,700. "CHU CHIN CHOW" (Gaumont-British) PALACE— (2.500). 25c-75c. 7 days. Vaude- ville. Gross: $10,000. "NOW AND FOREVER" (Para.) PARAMOUNT— (3,700). 35c-99c, 7 days. Gross: $43,000. "PECK'S BAD BOY" (Fox) ROXY— (6,200). 25c-55c. 2nd week, 7 days. Stage show. Gross: $25,850. "HAPPINESS AHEAD" (Warners) STRAND— (2.000), 25c-55c, 7 davs. Gross: $21,500. Week Ending Oct. 23: "CASE OF THE HOWLING DOG" (Warners) RIALTO— (2,300), 2Ec-65c, 7 days. Gross: $14,000. "Fix It" and Show Oklahoma City Top Oklahoma City, Oct. ,'25. — "I'll Fix It," combined with a stage show for the first four days of the week at the Liberty, pulled $2,600. over par for a week by §600. "The Human Side," for three days, garnered $600. It was a dull week for the other first, runs, with "The Fountain," "Six-Day Bike Rider" and "Student Tour," all being under normal. Total first run business was $11,900. Average is $13,500. Estimated takings for the week end- ing Oct. 20: "THE FOUNTAIN" (Radio) CRITERION— (1.700). 10c-20c-36c-41c-56c. 7 days. Gross: $3,900. (Average, $5,000) "SIX-DAY BIKE RIDER" (F. N.) MIDWEST— (1,500). 10c-26c-36c-56c, 7 days. Gross: $3,000. (Average, $4,000) "STUDENT TOUR" (M-G-M) CAPITOL— (1,200), 10c-20c-26c-36c-41c, 7 days. Gross: $1,800. (Average, $2,500) "I'LL FIX IT" (Col.) LIBERTY— (1,500), 10c-15c-26c-36c. 4 days. "Sunkist Vanities" on stage. Gross: $2,600. (Average week, $2,000) "HUMAN SIDE" (Univ.) LIBERTY— (1,500), 10c-15c-26c-36c, 3 days. Gross: $600. (Average week, $2,000) Wrong Leg of Wood Hollywood, Oct. 25.— Re- cently, several months after the picture had been re- leased, some one at M-G-M made this discovery. After a year's research on the pic- ture, Wally Beery, playing Long John Silver in "Treas- ure Island," appeared with the wrong leg off! Arliss $12,300 Providence Draw Providence, Oct. 25. — High gross for the week was scored by George Arliss in "The Last Gentleman" which brought in $12,300 at Loew's State, $300 over par. Vaudefilm programs held up well, both the RKO Albee and Fay's beating their average takes by more than $1,000. "Cleopatra" had a strong week at the Strand, catching $7,200, and the Majestic came under the wire to tie the average figure at $7,000 with "Madame Du Barry" and "The Cur- tain Falls." Total first run business was $44,600. Average is $40,500. Estimated takings for the week end- ing Oct. 18: "CLEOPATRA" (Para.) "TRAGEDY OF MT. EVEREST" STRAND— (2,300), 15c-40c, 7 days. Gross: $7,200. (Average, $6,500) "MADAME DU BARRY" (Warners) "THE CURTAIN FALLS" (Radio) MAJESTIC— (2,400). 15c-40c, 7 days. Gross: $7,000. (Average, $7,000) "THE DUDE RANGER" (Fox) FAY'S — (1,600), 15c-40c, 7 days. Stage: "Words and Music. Inc," revue. Gross: $8,200. (Average, $7,000) "GIFT OF GAB" (Univ.) RKO ALBEE— (2,300), 15c-40c. 7 days. Stage: "Pace Makers of 1934." Gross: $8,800. (Average, $7,000) "THE LAST GENTLEMAN" (U. A.) LOEW'S STATE— (3,800), 15c-40c, 7 days. Gross: $12,300. (Average. $12,000) "I'LL FIX IT" (Col.) RKO VICTORY— (1,600), 10c-25c, short subjects. Gross: $1,100. (Average, $1,000) Accounting Ordered In a Tri -Ergon Case Scranton. Pa., Oct. 25. — A master to ascertain an accounting of the profits, gains and benefits which have accrued to Wilmer and Vincent and Altoona Publix Theatres by reason of their alleged infringement of the pat- ents of the American Tri-Ergon Corp. will be appointed shortly by Judge Albert W. Johnson, the jurist has announced after a meeting with coun- sel for both sides. The order ap- pointing a master will embody Judge Johnson's formal decree ending the The Pennsylvania case adjudicated is one of two which the U. S. Su- preme Court refused to review ear- lier this month, the action resulting in a deluge of lawsuits by American Tri-Ergon in New York, Brooklyn and Wilmington. The _ Pennsylvania case — a suit for an injunction and an accounting — was filed in 1932 at Harrisburg and was tried before Judge Albert W. Johnson at Scranton. The defendants were charged with violating the so- called flywheel patent controlled by Tri-Ergon. a Fox company in which he owns 90 per cent of the stock. The defendants contended the pat- "Mrs. Wiggs" Twin Cities' High Grosser Minneapolis, Oct. 25. — "Mrs. Wiggs of the Cabbage Patch" demon- strated strength on both sides of the river last week. It ran over par bv $1,000 here on a $6,500 gross at the State and took the same amount with the same overage at the St. Paul Paramount. "Barretts of Wimpole Street" was still an outstanding draw in its second week, going to $6,500, up by $1,500 at the Century. "Girl of the Limberlosf" was another strong attraction. It grabbed $3,500 at the 300-seat Time. Total first run business in Minne- apolis was $26,700. Average is $21,- 000. Total first run business in St. Paul was $18,500. Average is $16,000. Estimated takings : Minneapolis: Week Ending Oct. 18: "THE BARRETTS OF WIMPOLE STREET" (M-G-M) CENTURY— (1.000), 35c-55c, 2nd week, 7 days. Gross: $6,500. (Average. $4,000) "CHARLIE CHAN IN LONDON" (Fox) LYRIC— (1.000), 20c-25, 7 days. Gross: $1,700. (Average, $1,500) Week Ending Oct. 19: "THE GAY DIVORCEE" (Radio) RKO ORPHEUM— (2,900), 25c-50c, 7 davs. Gross: $5,500. (Average, $5,500) "MRS. WIGGS OF THE CABBAGE PATCH" (Para.) STATE— (2.300). 25c-40c, 7 days. Gross: $6,500. (Average. $5,500) "GIRL OF THE LIMBERLOST' (Mono.) TIME— (300), 25c-35c, 7 days. Gross: $3,500. (Average. $2,500) "CASH" (Mundus) WORLD— (400). 25c-75c, 7 days. Gross: $3,000. (Average, $2,500) St. Paul: Week Ending Oct. 18: "MRS. WIGGS OF THE CABBAGE PATCH" (Para.) PARAMOUNT— (2.300), 25c-40c, 7 days. Gross: $6,500. (Average, $5,500) "BIG HEARTED HERBERT" (Warners) RIVIERA— (1,200), 25c-40c, 7 days. Gross: $3,500. (Average, $3,500) "WAKE UP AND DREAM" (Univ.) RKO ORPHEUM— (2,000), 25c-40c, 7 davs. Gross: $4,000. (Average. $4,000) "HAVE A HEART" (M-G-M) TOWER— (1,000), 15c-25c, 7 days. Gross: $1,500. (Average, $1,500) "THE LITTLE DAMOSEL" (Principal) WORLD— (300), 25c-75c, 7 days. "The Drunkard." stage play. Gross: $3,000. (Av- erage, $2,000) Collier to Baltimore Washington, Oct. 25. — Rodney Collier. managing director of the recently closed Universal-operated Rialto, has been named manager of the Stanley, Baltimore, by John J. Pay- ette, general zone manager of Warners' theatres here. Walter M. Morris, Stanley man- ager, is being transferred to the home office in New York. ents were invalid and lost in the district court. They also lost their appeal to the U. S. Circuit Court of Appeals. It was the refusal of the Supreme Court to review this appeal which established the validity of the patents by indirection. Immediately following the Supreme Court move, Ward, Crosby & Neal. Fox attorneys, submitted a form of injunction to Judge Johnson, and it was this injunction which was signed by him. Its immediate effect is to force the defendants to stop using the patents or reach some kind of an agreement with Fox. :riday, October 26, 1934 MOTION PICTURE DAILY Decide Local Advisors on Code Remain (Continued from page 1) ecommendation of the New Jersey *oard came up for decision. The lower ooard, it was found, held four differ- ent sessions before it arrived at an mswer. The main board took about me hour to hand down its opinion md was glad that the advisory board istened to most of the case. The decision made was in favor if Leon Rosenblatt of the Maplewood, ^aplewood, who asked for a reduc- ion in the present clearance now en- oyed by Warners' Milburn, Milburn, Lnd Cameo, South Orange. The board :ut the 14 days to seven. Convinced that elimination of the Long Island, New Jersey and Man- nattan advisory committees would nean a plethora of work for the main poard, the idea is now dead. It had oeen planned that, if the three boards .vere dropped, litigants would be given 15 minutes to present their cases and give testimony. This was found to be nexpedient. New Buying Charge Against Reade Made Another overbuying complaint against Walter Reade has been filed .vith the New York grievance board, this time by the Liberty, Freehold, N. L against the Strand, same city, U. A., Columbia, Fox, M-G-M, Vita- graph and Paramount. This case is slated for hearing next Tuesday in addition to two other im- portant issues, one being on forcing of shorts and another on charges of fraudulent transfer of a theatre. Ben Roman, president of Renais- sance Photoplay Corp., filed the forc- ing of shorts complaint against Vita- eraph. The Rennaissance Theatre is involved. On the illegal transfer case, plaintiffs are Paramount, Columbia, Radio, Majestic and First Division against DeLuxe Amusement Co., and Morris and Ralph Feldman involving the DeLuxe, South Orange, N. J. Today a Campi appeal committee will hear witnesses testify for the Mona Theatre Corp., Glad Amuse- ment Co., Abraham Drojin. John Gladstone and Henry Liman. The grievance board handed down a unani- mous decision against them in the com- plaint of M-G-M, Columbia, Para- mount, Big "U," Majestic, and War- ners involving transfer of the Rialto, Whitestone, L. I. Last week Reade lost an overbuying decision to Aaron Shusterman in Perth Amboy and Red Bank. Shusterman was given 138 pictures for both houses. Reade is appealing. Actors Can Join A.F. of L. Only Via Union UnderEquity "Bank Night" Men Look for Code Change (Continued from page 1) legal by the state. In other states "Bank Nights" have been held to be within the law, he said. In every one of the appeals and cer- tifications on "Bank Nights" or "Race Nights," Campi has decided it a form of lottery and a violation of the code. The opinion of Code Authority is that it reduced admissions illegally through distribution of money or prizes. The cut in admission prices, while not evident at the box-office, is neverthe- less a fact, Campi holds, in that a man who wins $10 via the "Bank Night" idea is actually getting his ad- mission gratis in addition to the dif- ference between his box-office tariff and the prize money. Radio to Sign Pons Hollywood. Oct. 25. — Lily Pons will sign a contract to sing in Radio nictures, according to studio officials. The French operatic star was re- cently forced to cancel a concert tour because of illness. L-M Get Bronx Crescent Leff-Meyers circuit yesterday closed : for the Crescent, Bronx, with Haring ■ & Blumenthal. This makes 10 for the group. Stamford Clearance Is Set at 49 Days New Haven, Oct. 25. — Under the terms of an amendment to the clear- ance schedule just adopted a new the- atre or a reopened theatre must notify the clearance board so that a meet- ing of interested parties can be held for the purpose of deciding in what zone the house will be placed. This will not prevent the exhibitor from buying any run he is able, or which a distributor is willing to sell. In a clearance complaint brought by the State, Springdale. Conn., against the Strand, Palace and Stamford The- atres at Stamford, the board has de- cided that Stamford houses are enti- tled to 49 days' clearance over the Springdale houses. Four Ad Complaints Settled in Albany Albany, Oct. 25. — Four defendants in premature advertising complaints filed before the local grievance board have been ordered to end the practice. The cases were : Schine's Colonia, Norwich, N. Y., vs. Smalley's Sidney, Sidney, N. Y. ; Schine's Oneonta The- atres, Oneonta, N. Y., vs. Smalley's Cooperstown Theatre, Cooperstown, N. Y. ; Schine's Oneonta Theatres, vs. Smalley's Delhi, Delhi, N. Y. ; Schine's Glove, Gloversville, N. Y., vs. Smalley's Johnstown Theatres, Johns- town, N. Y. Sheehan Starts Nov. 10 Hollywood, Oct. 25. — "One More Spring," Winfield Sheehan's first since his return from Europe, is slated for production Nov. 10. The cast includes Janet Gaynor, Warner Baxter and Henry B. Walthall. Editing 26 Vitaphones Vitaphone reports 26 shorts are be- ing edited for early release. Nine two- reelers and 17 one-reelers make up the total. (Continued from page 1) given industry. The method by which the guild could affiliate with Equity would be fixed by the latter and its attitude has not been disclosed. The threat of the guild to go with Equity is viewed in Washington as having grave possibilities of trouble in view of the pronounced determina- tion of the producers for some years not to deal with Equity. It is pointed out that all five actor members of the actor-producer committee which broke up in a row last week are guild members, apparently having been se- lected by Division Administrator Ro- senblatt with a view to the producers' attitude. By joining Equity, screen actors can invoke the collective bargaining pro- visions of the Industrial Recovery Act and force a showdown as to whether Equity is to have a say in the produ- cers' relations with their employes. At the same time, it will be up to the producers to determine whether they can continue to adhere to their pol- icy of barring Equity from participa- tion in bargaining negotiations. At present, it is said, Frank Gill- more has the whip hand in the situa- tion, and if the guild is absorbed by Equity, Equity will be the big figure in actor-producer relations. The report of the producer-actor committee has been forwarded to Washington with an explanation that there is a five-five division, it was learned today. While no information regarding the matter was available here, it is considered probable that in view of the split among the members of the committee it will be necessary to have hearings on the proposal. Philadelphia Dual Case Is Up Nov. 12 Philadelphia, Oct. 25. — The double feature case launched by Harry Pereleman, local exhibitor, in the Fed- eral Court several months ago, will come up for hearing again on Nov. 12, this time with Pereleman asking a permanent injunction against six ma- jor distributing companies to prevent them from exercising the "no double features" clause in their contracts. Pereleman, with B. M. Golder as his attorney, asked a temporary injunc- tion some months ago, which was re- fused at the time by the court with the expression that the case had too many ramifications to be so dismissed and that it should be heard later in detail. Expect Equity Compromise On Guild Rule (Continued from page 1) guild's latest overtures for an A. F. of L. affiliation, Cantor was unaware, even, on his return from Bridgeport, Conn., yesterday, that the guild board had approved the Equity affiliation proposal last Tuesday. "I have always felt," Cantor said, "that the guild eventually would have to become an A. F. of L. affiliate. The producers are, and have been, forcing actors to join a union. They are forcing them to make demands, rather than requests. "As to the present agreement be- tween the guild and Equity, I as- sume," Cantor said, "that it will rep- resent compromises on the part of each. This is a case where they will have to meet each other half way before there can be an agreement." Hold Concessions Necessary At Equity headquarters it was con- ceded, likewise, that concessions would probably have to be made by both sides before a final agreement could be reached. It was made plain that, while Equity does not and cannot issue an A. F. of L. charter, the guild could not become an A. F. of L. affiliate without Equity's approval, as the lat- ter holds the exclusive charter for the entertainment field. Likewise, it was stated, guild members need not be- come Equity members in order to con- summate an affiliation. The guild could be chartered as a local of Equity's, having the authority to act for itself in all local matters but sub- ject to the supervision of Equity on national questions and overlapping screen and stage affairs. At least seven of the 52 members of Equity's council now are believed here to be members of the guild. These are Eddie Cantor, George Ar- liss, Frank Morgan, Ralph Morgan, Otto Kruger, Beulah Bondi and Helen Broderick. The Equity council will pass on the guild's affiliation agree- ment next Tuesday and, if approved, the agreement may be submitted to a general meeting of Equity members later, this at the council's discretion. The guild membership will vote on the agreement at its next regular meeting. Valentine Is a Big Draw at Ampa Lunch Police Commissioner Lewis J. Val- entine headed the guest lineup at the A. M. P. A. yesterday in one of the biggest turnouts on record. John W. Alicoate was toastmaster. Other guests included Bert Lytell, Raquel Torres, Carl Milliken, Major Edward Bowes, A. J. Kobler, Louis Nizer, C. C. Moskowitz, Kate Fair, Hank Greenberg, first baseman on the De- troit baseball team, Lois Moran, David Rubinoff, Louise Henry, Eddie Garr, Harry Hershfield and Mitchell and Durant. Next week Bowes will be guest chairman. Universal Gets Series Universal has purchased the "Going Places" series of short subjects from Arcturus Pictures Corp. Lowell Thomas is doing the narrating for the scenes, many of which were shot by F. Herrick Herrick in Europe. The most brilliant Soviet film since "ROAD TO LIFE" DOSTOYEVSKI'S "PETERSBURG NIGHTS" "Eloquent and stirring." N.Y. HERALD-TRIBUNE "Magnificent cinematic achievement." N.Y. WORLD-TELEGRAM "Presented in best Soviet tradition." NEW YORK TIMES Just ended a six week first run in New York Distributed by AMKINO CORPORATION BR. 9-7680 723 7th Avenue N. Y. City MOTION PICTURE DAILY MOTION PICTURE DAILY* HOLLYWOOD PREVIEW "Broadway Bill" (Columbia) Hollywood, Oct. 25. — Frank Capra, director, and Robert Riskin, writer, responsible for "Lady for a Day" and "It Happened One Night," unite their talents again in Mark Hellinger's romance of man, maid and racehorse. The story centers around Warner Baxter and Myrna Loy, with War- ner married to Helen Vinson, one of the many daughters of Walter Connolly, tycoon with many interests. Myrna is Connolly's youngest unmarried daughter. Baxter, head of Connolly's paper box factory, would rather race horses. Hence he resigns, returning to his former life. His wife re- mains behind. Myrna, somewhat of a nomad herself, follows Baxter and helps groom his horse, Broadway Bill, for the Derby. Bill wins, but keels over dead. Connolly, in the meantime, realizes that Baxter is the only one of his in-laws who is worthy. He turns all his factories back to his employes, and when Baxter comes for Myrna, Connolly chucks all and goes with them on their happy vagabond racetrack life. Capra's intelligent touches, his imagination and humorous highlights are evident throughout the film. Riskin's dialogue sparkles, particularly in comedy. Baxter and Miss Loy are surrounded with an excellent cast. Connolly gives his usual fine performance. Ray Walburn, Baxter's race- track pal, projects comedy for big laughs. The Derby race, w-ith Bill winning, is perhaps the tensest, most exciting horse race ever screened. With the Baxter and Loy names and the previous successes tied up with Capra and Riskin, plus Hellinger's name, showmen should have little difficulty doing business. Production code seal No. 114. Running time, 114 minutes. Looking 'Em Over "Loyalties" (Associated Talking Pictures- Auten) The Galsworthy play has been converted into a generally enter- taining film. While the picture is not comparable to the play as a dramatic work, it has been kept reasonably faithful to the orig- inal. The glaring fault the production reveals — in fact, the chief fault that may hamper its success in America — is the British speech of the players, which is at times difficult to make out. There are several mem- bers of the cast who can plead "not guilty" to this charge, notably Basil Rathbone and Joan Wyndham. Rathbone, as Ferdinand de Levis, a wealthy young Jew. who is the pivotal character of the play, dominates the picture. He plays with an intensity that gives conviction to the part. Incensed at the theft of a large sum of money at a house party, he demands that an investigation be made by the police. He has every reason to suspect Miles Mander. an army captain pressed for cash. Smarting under an insult from Man- der referring to his race, Rathbone refuses to retract his charge. Mander, who really stole the money, is forced to bring a libel action against Rathbone against his wishes. When the captain's attorneys, trac- ing the serial numbers of some of the stolen bills, discover not only that their client is guilty of the crime but that he used the money to mollify the father of a girl with whom he was indiscreet, they ask the court that the case be dropped. They are afraid that if they go on with the case the story of the young woman will come to light. Even so, Mander faces prison for theft. Seeing no way out, he leaps to his death as he is about to be arrested. The racial angle should no more be a problem in exploiting this pic- ture than in the case of "The House of Rothschild." The question of animosities is kept in the background. The picture has been given a good production and fine settings. Also in the cast are Heather Thatcher, Philip Strange and Alan Napier. Basil Dean's direction is commendable. No code seal. Running time, 74 minutes. 8 Century and Skouras In 10-Year Compact {Continued from page 1) 17 houses are involved in this arrange- ment. In discounting reports distributors would take action against the pool, Schwartz said that he has already signed for Warner-First National, Paramount and M-G-M product. Skouras has Fox and Universal. Another pooling arrangement Schwartz has in Long Island is with Joseph Seider of Prudential. Houses included in this deal do not conflict with Skouras situations. Eight the- atres are involved here. Seider has bought M-G-M, Fox and Warner- First National. Schwartz on Sunday leaves for Lake Placid for a month's vacation. Yes- terday, he and George Skouras con- ferred with Nicholas M. Schenck on the pooling deals. Cornish Experiment To Be in "U" Film Hollywood, Oct. 25. — Dr. Robert E. Cornish's nationally publicized ex- periments in returning dead dogs to life at his laboratory in Oakland have been filmed secretly for the purpose of including them in a feature in a story written by Dr. Eugene Frank, husband of Anna Sten. The story deals with Dr. Cornish's life. The material is to be incorporated into a feature which Universal will finish soon. It is called "Life Re- turns." Leonard Joins "U"; Grimm on Radio Job (Continued from page 1) latter he has been in both the dis- tribution and theatre end. He has been advertising head under Joe Plunkett at the Strand and also has handled theatres for B. & K. in Chicago, and United Artists and RKO on the coast. Grimm has taken charge of adver- tising at Radio under S. Barret McCormick. He has been handling trade paper advertising for Universal under Cochrane for a number of years and is well known to the advertising fraternity in New York film offices. Air Race Reel Sent By Radio to London (Continued from page 1) shows the arrival of Scott and Black at Melbourne at the end of the Eng- land-to-Australia air race. According to the claims advanced for the stunt, each frame was enlarged and transmitted separately by radio at a cost of §4,000 a foot. Joyce to Continue Para. Board Probe (Continued from page 1) trustees' counsel for the 21-A exam- inations being conducted. The allotted time in which the trus- tees' counsel could have moved to strike out the answers filed in state supreme court here by the defend- ants has expired without that action having been taken. "Stake Out" Is Changed Hollywood, Oct. 25. — Columbia has changed the title of "Stake Out" to "Men of the Night" Deans Sign for Short Jerome ("Dizzy") Dean and Paul ("Daffy") Dean yesterday signed a contract to make a Vitaphone short at the Brooklyn plant. Work is ex- pected to start Nov. 1 and Roscoe Ates and Shemp Howard will be in- cluded in the cast. The picture is "Dizzy and Daffy." Friday, October 26, I93«j Advisors Installed By Central Casting, Hollywood, Oct. 25. — Campbell MacCullough, head of Central Castj ing Bureau, today formally installei] the newly formed advisory council of the agency at a luncheon in th 1 board room of the Hays organization here. Among the guests, were civi' I social and educational leaders. MacCullough told the assemblag the purpose of the council is to con i sider the sociological and economic aspects of the work of extra player * He said the body will have free acj cess to the bureau's records and wil| be called upon from time to time fc solution of problems affecting extra 8,000 of whom he said were regis tered with the bureau with worn available for only 350 a day. In describing the scope of the bu reau, MacCullough stated it extend ; annually more than $2,500,000 in earn ings on which no commission is re ceived, having paid out in its eighj years of existence more than $20, 000.000. Under the present setup, MacCul lough said, Central Casting is ex tending its activities beyond the ol taining of employment by enlisting th assistance of the civic welfare orgar izations for needy players. "Wimpole" Big in Montreal, $12,50( (Continued from page 6) "WAGON WHEELS" (Para.) CAPITOL— (2,347), 25c-35c-40c-S0c-6Oc. days. Gross: $9,500. (Average, $9,500) "HAVE A HEART" (M-G-M) LOEW'S— (3,115), 30c-40c-45c-57c-75c, , days. Stage: Arthur Tracy; Al. Verdi . Co.; Sid Page & Co.; Mattison Rhythm* Walter Walters & Co.; Heise & Husal< Don Francesco & Co. Gross: $12,500. (Aveil age, $10,500) "THE BARRETTS OF WIMPOLE STREET" (M-G-M) PALACE — (2,600, 34c-4Oc-50c-6Oc-a5c, days. Added: "Holland in Tulip Time. Gross: $12,500. (Average, $11,000) "ONE NIGHT OF LOVE" (CoL) "GIRL IN DANGER" (Col.) PRINCESS — (2.272). 30c-35c-50c-65c, days. Gross: $4,500, 3rd week. First tw sveeks, $16,000. (Average, $6,000) McLeod Does Survey Of N. O. for MPTOA New Orleans, Oct. 25. — Harry 5 McLeod has been instructed by E Kuykendall to make a survey of Nevl Orleans, looking toward holding th M.P.T.O.A. convention here tw weeks before Mardi Gras in the sprin of 1935. Seymour Weiss, manager c the Roosevelt Hotel, has volunteere assistance to McLeod. Kuykendall is reported to have sai if sufficient inducements are made ti -he association as to accommodation he will cast his vote in favor of Ne\ Orleans. Louis Hyman on Coast Hollywood, Oct. 25. — Louis Hy man, general manager of Princips Pictures Distributing Corp., has ar rived from New York by plane. H has been approving contracts on th Sol Lesser film, "Peck's Bad Boy, for the past two months. Flash Review The Silver Bullet — . . . has little t excite audiences past the childhoo stage. It is quite routine in every de partment. 77ii.f film will be reviewed in full in later issue of Motion Picture Daily. The Leading Daily -Newspaper k 1 Hi Motiorfj| Picture Industry MOTION PICTURE DAILY Alert, Intelligent and < . Faithful Service to" the Industry in All Branches /OL. 36. NO. 100 NEW YORK, SATURDAY, OCTOBER 27, 1934 TEN CENTS Reorganization of RKO Started, Court Is Told RCA Victor Will Remove All Flywheels Exhibitors Notified New Parts Now Being Made RCA Victor is to begin immedi- ately the replacement of flywheels vhich infringe on the American Tri- Zrgon patents held by William Fox. N'otice to this effect has been sent b users by E. T. Cunningham, presi- flent. Some replacement parts are avail- able, the letter states, and additional juantities are being manufactured, the service staff is to be enlarged so speed the work. Cunningham's letter follows : "To reassure all users of RCA Photophone and RCA Victor sound {Continued on page 4) Trustees Asked for Art Cinema Windup Wilmington, Oct. 26. — A bill for :he appointment of trustees in the dis- solution of Art Cinema Corp., which nled a certificate of dissolution in Dover last Tuesday, was filed today n Chancery Court by Harry Buckley )f New York, a stockholder. The bill recommended that William Tasie, Dennis F. O'Brien, and William H. Phillips, directors of the corpora- Bon, be named as trustees. The cor- poration owns stories, plays and other .iterary properties as well as finished films. It also has shares in United Artists Corp., and, through a sub- sidiary, owns property in Culver City. "Wimpole" Grosses $182,390 in Month Four weeks of "The Barretts of Wimpole Street" at the Capitol net- ted the Broadway house a total of $182,390. For the last week, the M-G-M picture took in $26,830. At the end of the first seven days, the tally was $65,860; for the second stanza, $46,000; the third week, $43,700. "Judge Priest" at the Palace gar- nered a profitable $14,500 on the week's run. Second week of "Happi- ness Ahead" at the Strand ended with $10,592. Justice Department Not to Aid Picture Washington, Oct. 26. — The De- partment of Justice today "cracked down" on a suggestion that a film be (.Continued on page 4) Equity-Guild Deal Provides For Autonomy Absolute local autonomy for the Screen Actors' Guild, modified only by the constitution and by-laws of the American Federation of Labor, is pro- vided for in the guild's affiliation agreement with the Actors' Equity Ass'n, Frank Gillmore, Equity presi- dent, said yesterday. Such major policies as a "closed shop" for screen actors and restric- tions on the engagement of "foreign" players, such as are imposed by Equity, will, therefore, be decided by the guild itself if and when the affilia- tion with Equity becomes a fact. Equity has a closed, or "Equity shop" and stipulates that there must be a six- month interval between engagements for all foreign stage players. Gillmore said he would be unable to state whether guild members would be obliged to become members of (Continued on page 4) Say Exchanges Push Texas Scale Boosts Dallas, Oct. 26. — Exchange men, not Interstate Circuit, are the insti- gators in Texas of a movement to hike prices next season, described by Col. H. A. Cole, Allied leader, in a recent interview to Motion Picture (Continued on page 3) Heavy by Contract Hollywood, Oct. 26. — A clause in Harvey Stephens' new contract with M-G-M carries the stipulation that the actor will definitely not be groomed for leading man roles. He wants to be typed as a heavy. Fox Wins New Move in Probe Of Theatre Co. William Fox has won a move in his fight to have the receivership of Fox Theatres Corp. probed in the courts. The Appellate Division has reversed the Supreme Court and has decided that William E. Atkinson, president of Fox Theatres, can be examined on the his- tory of the receivership. Fox contends that the theatres cor- poration, the Chase National Bank and (Continued on page 3) Mermaid Loses Suit To General Talking General Talking Pictures Corp. has won a counter suit against Mermaid Cinema Corp., operators of the Mer- maid, Coney Island. The Mermaid removed a DeForest (Continued on page 3) Warners May Extend Film Rating Policy Generally Segregation of pictures for adults only and for family entertainment may extend to all Warner theatres throughout the United States, depend- ent upon the early reaction to the step inaugurated in the circuit's Phila- delphia zone yesterday. Warner executives have set aside 10 days, they declared, in which to study the . efficacy of the experiment launched in the Quaker City. If they are convinced that the plan is work- able, as well as practicable from a straight business view, it will step out of the localized theory classifica- tion and reach into Warner houses nationally. Presumably, that means the Strand on Broadway as well as Strand in Brooklyn. In the meantime, it was stated, an- nouncement of the inception of the scheme for the Philadelphia zone had been met with widespread editorial and civic endorsement in that city. Progress to Depend on Company's Earnings, Says P. E. Mead Development of a plan of reorgani- zation for RKO has been begun and its progress is expected to be limited only by the rate of improvement in the company's earnings, Paul E. Mead, head of the bankrupty division of Irving Trust Co., told Federal Judge William Bondy yesterday. Mead's statement was made in re- ply to Samuel Spring, counsel for RKO creditors, who requested infor- mation as to what progress was be- ing made toward a reorganization. Mead at first declared that the de- velopment of a plan of reorganization was the province of creditors and not of the trustee, the Irving Trust Co., but later stated that the trustee had been advised that reorganization con- (Continued on page 3) Re-argue $800,000 Para. Fees Monday A re-arguing of the petition for al- lowances aggregating approximately $800,000 for services in connection with the Paramount Publix bank- ruptcy has been scheduled by Special Master John E. Joyce for Monday. The petition was originally argued on {Continued on page 4) Admit IT OA Handled Union Code Affairs Further hearings yesterday before Referee Robert McC. Marsh in the suit of Local 306 to prove that Allied M. P. Operators' Union is controlled by the I.T.O.A. and comes under the "company union" classification yester- day developed the fact that I.T.O.A. officers represented the Allied union in the code hearings at Washington. Harry Brandt, on the stand, testi- fied this was done to save the Allied union expense and that the union paid $1,500, one-tenth of the cost of the hearings, under the terms of a verbal contract. Interstate Employes Receive 10% Raises Houston, Oct. 26. — A salary in- crease from 10 to 25 per cent has been given about 30 employes of Interstate (Continued on page 3) MOTION PICTURE DAILY Saturday, October 27, 193 MOTION PICTURE DAILY (Registered U. S. Patent Office) Vol. 36 October 27, 1934 No. 100 Martin Quigley Editor-in-Chief and Publisher MAURICE KANN ^_ Editor ■*?•!? JAMES A. CRON Advertising Manager Published daily except Sunday and holi- days by Motion Picture Daily, Inc., sub- sidiary of Quigley Publications, Inc., Martin Quigley, President; Colvin Brown, Vice-President and Treasurer. Publication Office: 1790 Broadway, New York. Telephone Circle 7-3100. Cable ad- dress "Quigpubco, New York." All con- tents copyrighted 1934 by Motion Picture Daily, Inc. Address all correspondence to the New York Office. Other Quigley pub- lications: MOTION PICTURE HERALD, BETTER THEATRES, THE MOTION PICTURE ALMANAC and THE CHI- CAGOAN. Hollywood Bureau: Postal Union Life Building, Vine and Yucca Streets, Victor M. Shapiro, Manager; Chicago Bureau: 407 South Dearborn Street, Edwin S. Clif- ford, Manager; London Bureau: Remo House, 310 Regent St., London, W. 1, Bruce Allan, Representative. Cable address: "Quigpubco, London"; Berlin Bureau: Berlin - Tempelhof, Kaiserin - Augustastrasse 28, Joachim K. Rutenberg, Representative; Paris Bureau: 19, Rue de la Cour-des- Noues, Pierre Autre, Representative; Rome Bureau: Viale Gorizia, Vittorio Malpassuti, Representative; Sydney Bureau: 102 Sus- sex Street, Cliff Holt, Representative; Mex- ico City Bureau: Apartado 269, James Lockhart, Representative; Glasgow Bureau: 86 Dundrennan Road, G. Holmes, Repre- sentative; Budapest Bureau: 3, Kaplar-u, Budapest, II, Endre Hevesi, Representa- tive; Moscow Bureau: Civtzev Vrazhek, N. 25, Apart. 146, Moscow, U. S. S. R., Bella Kashin, Representative. Cable ad- dress: "Samrod, Moscow." Entered as second class matter, January 4, 1926, at the Post Office at New York City, N. Y., under Act of March 3, 1879. Subscription rates per year: $6 in the Americas, except Canada $15 and foreign $12. Single copies: 10 cents. Walter Connolly Injured Hollywood, Oct. 26. — Walter Con- nolly suffered a broken rib during scenes of Paramount's "Father Brown, Detective." The actor, however, was taped up on the set and continued working. The company was working at the Fox studios. Nathanson Heads Drive Toronto, Oct. 26. — N. L. Nathan- son, president of Famous Players Canadian Corp., has accepted the presidency of the forthcoming annual drive of the Federation of Jewish Philanthropies. Kalmine to Open Two Pittsburgh, Oct. 26. — Harry Kal- mine, zone manager for Warners, has decided to reopen two houses in this territory for week-ends. They are the Hollywood, in Dormont, and the Ritz in New Kensington. M-G-M Gets June Knight Hollywood, Oct. 26. — M-G-M has signed June Knight, formerly under contract to Universal, to a long term contract. Her first role will be in "Broadway Melody of 1935." Press Books for Shorts Warners are compiling press books to accompany the releases of the 13 "See America First" short subjects. The press books will be identical with those turned out on feature releases. Fox Is Speeding Up On Production Work Hollywood, Oct. 26. — Production has been speeded up at Fox follow- ing a light summer season during which the studio averaged only four pictures each week. This week the studio has eight in production, includ- ing : "Helldorado," "Lottery Lover," "The County Chairman," starring Will Rogers : "Bright Eyes," starring Shirley Temple : "Insure Your Wife," a Spanish production: "Twenty-Four Hours," and "Thunder in the Night," Erick Pommer's next production. Scheduled to start within the next two weeks are : "Dante's Inferno," and "One More Spring," starring Janet Gaynor and Warner Baxter. Pickets Found Guilty Eight pickets who were arrested in front of the Globe Theatre on Oct. 17 have been found guilty of disorderly conduct by Magistrate Richard F. McKiniry in West Side Court. They received suspended sentences. Wit- nesses testified that the defendants, with nine others, blocked the theatre entrance. Magistrate McKiniry held that their action was mass picketing. To Show "Inca-Cuzco" "Inca-Cuzco," record of the Bing- ham expedition to Cuzco, Peru, and of the visit of the Prince of Wales there is to be shown at the H.E.R. Laboratories next Wednesday night. It is being distributed by Inter-Con- tinent Film Corp. War Film Is Revamped "World's First War," a new edi- tion of "Forgotten Men," is being released by Samuel Cummins and Jacques A. Koerpel through First Division. War Film to Rialto "The First World War," produced by Truman Talley and Laurence Stallings of Fox Movietone News, will open at the Rialto Nov. 8. Kutinsky's Father Dead William Kutinsky, father of Mor- ris, who operates the Community, Queens Village, L. I., is dead after a long illness. He was buried yester- day. Toronto Confession Reopens Bomb Case Toronto, Oct. 26. — The stench- bombing case of the Cum-Bac Thea- tre, on Labor Day, 1933, took a fur- ther sensational turn when Albert Gold, chief witness against two ac- cused men, Lew Kendall and Fred Pitton, in the original proceedings, testified that he had committed the crime and not the two who had stood trial. Kendall, who had been sentenced to one year in prison, and Pitton, both Toronto operators and members of the I.A.T.S.E., were immediately ac- quitted by Judge O'Connell, sitting in County Criminal Court. Another turn occurred when Gold, who had spent four months in jail awaiting the hearing, was ordered re- leased by the judge, but he was im- mediately rearrested as he left the courtroom on a charge of perjury. Gold was taken to the Police Court where the case was postponed to a later date and he was released on S2,000 bail. Ben Steerman Married Pittsburgh, Oct. 26. — Ben Steer- man, chief auditor for Warners here, and Miriam Wald, a secretary in the circuit's local booking office, slipped away to nearby Uniontown, Pa., to- day and told it to a rabbi. The new Mrs. Steerman is a native Pitts- burgher. Her husband's home is in Philadelphia. Grainger East Nov. 1 Hollywood, Oct. 26. — James R. Grainger will leave for New Orleans, Atlanta and New York following the previews of Universal's "Imitation of Life" and "Night Life of the Gods," which will be about Nov. 1. Maurice Harris to RKO Maurice Harris, formerly of the Columbia exploitation department, has joined RKO as assistant to John Dowd, handling exploitation in RKO theatres. Feist Back to Coast Hollywood, Oct. 26. — Felix Feist will return to Hollywood Sunday night aboard the Santa Helena following a 10-day business trip to New York. Eastman Off 2x/± on Big Board High Low Close Columbia Pictures, vtc 34J/J 3354 341^ Consolidated Film Industries y/2 3l£ 3}£ Consolidated Film Industries, pfd 15f4 15A T.SlA Eastman Kodak 10454 103 10314 Eastman Kodak, pfd 142J4 142}4 142J4 Fox Film "A" 12ji 12 12& Loew's, Inc 29'A 28J4 29 Paramount Publix 4 4 4 Pathe Exchange 154 1J4 VA Pathe Exchange "A" 13 12J4 12J4 RKO 2%. VA 2 Warner Bros 4V2 4J4 V/2 Net Change -254 -H - JA + Vt, -VA - Vs - 'A Technicolor Drops Half on Curb Technicolor Net High Low Close Change . 12>$ 1254 12J4 - 'A Paramount F. L. Bonds Lose 1XA High Low Close General Theatre Equipment 6s '40 7 6V2 dV2 General Theatre Equipment 6s '40, ctf 65^ 6§4 65^ Keith B. F. 6s '46 62% 6°% 621i T.new's 6s Ml. ww deh rights 1035/& 10214 10214 Paramount F. L. 6s '47 5534 5514 5514 Paramount Publix 554s '50 56J4 5514 5514 Warner Bros. 6s '39, wd 58 57J4 58 Net Change — '/2 — a + 54 — M -VA Sales 400 200 500 1.000 10.000 1.300 6 800 7.900 1,100 6 5.600 2.900 Sales 800 Sales 6 2 1 9 12 31 i Purely 1 Personal ► \X7 ILLIAM FOX, Jack Lec, VV George and Sam Dembow Louis Blumenthal, Herman Roe- bins, Lou Metzger, Louis Phillips Arthur Hamerslag, Jack Aljcoatl Herbert Ebenstein, Henry Randel and Robert Wolf were spotted yester- day among those luncheoning at the M. P. Club. Walter Jourmann of Vienna, a composer, and Mrs. Jourmann; anc Bron Kaper of Warsaw and his wife; all composers, are at the Edison, pend- ing their departure for the coast te start work for M-G-M. Jack Lewis, assistant to Joseph I Breen, heads back for Hollywood to- night. He same east on the new Union Pacific speed train, but goes back on the old-fashioned regular limited. John Boles is on his way to Holly- wood with Mrs. Boles via the Pan- ama Canal. He will start work soor in Jesse L. Lasky's "Redheads or! Parade." Jules Levy leaves Sunday on a tour of Radio exchanges. He will visit the studio where he will confer with production heads on new product Jack Partington of F. & M. ar-. rived on the coast yesterday by plane from New York. Harry C. Arthut gets in today. Edward Raftery of O'Brien, Dris coll & Raftery returns from Detroit today. He will go back to the autc city on Monday. Mark Sandrich, Radio director and Mrs. Sandrich, with their twe sons, leave for the coast today on the Santa Paula. Ginger Rogers left for the coast yesterday on the 20th Century aftei a week's vacation here. Robert Hurel, manager of Cana- dian Cinema Co., Ltd., Montreal, sails today on the Champ lain. Adeline Schulberg plans to fly tc the coast today after several week: here on a vacation. Lee Marcus is in town from Holly- wood and is stopping at the Essex House. Amos 'n' Andy have been bookecf into the Capitol next Friday. Eugene Picker has lost 40 pound; and says he's feeling fine. Walter Reade returns from Flori-. da on Monday. Kramer Gets New Post St. Louis, Oct. 26. — Al Kramer, former manager and treasurer of the 1 Ambassador, has been made manager of the Tivoli, University City, Mo., a St. Louis Amusement Co. house. He replaces Silvert Setron, who has gone ! to the Egyptian, Milwaukee. Lee Marcus in Town Lee Marcus, short subject produc- tion head for Radio, is in town visit- ing his mother. He will leave fori Hollywood a week from today. He arrived by plane ahead of schedule. "Are You Mason?" Set "Are You a Mason?" English comedy starring Sonnie Hale and J. Robertson Hare opens Monday at the Westminster Cinema. It was made bv Twickenham. (Saturday, October 27, 1934 MOTION PICTURE DAILY Revamping of RKO Started, Court Is Told (Continued from page 1) lerences had been held and would ontinue. Judge Bondy said he had been ad- ,-ised recently that RKO had begun 0 show a profit for the first time in . long while and indicated that he greed with Spring in the latter's con- tention that the trustee should fur- ther a reorganization plan if the com- liany's earnings continued their im- irovement. Spring is counsel for S. L (Roxy) Rothafel, an RKO claim- ant in the amount of $250,000, and lor Charles R. Rogers Prod., a claim- - nt in the amount of $300,000. The hearing before Judge Bondy esterday was in connection with a etition for instructions from the court In consummating the agreement re- cently worked out with Consolidated Mlm Industries under which RKO is tiven until May, 1938, in which to 'etire $1,500,000 of secured notes out- tanding. Prior to the agreement, ■ Equity membership. Whether th council will approve an affiliation with out such a provision is said to bj problematical. "The proposal assures the guild o absolute local autonomy withou Equity supervision of any kind s< long as the constitution and by-law of the guild do not conflict with thos of A. F. of L.," Gillmore said. "Th guild would not even be a 'local' o Equity," he added. "It would be completely independent organization but an Equity affiliate." Gillmore said he was optimisti concerning the chances of the affiliatioi agreement being approved by th Equity council and membership an< the membership of the guild. Th' guild's board of governors approve< the agreement last Tuesday in Holly wood. Ruling Made in Two Trenton Labor Case, Washington, Oct. 26. — The Nai tional Industrial Relations Board to day passed upon cases involving em ployes of the Victory and Princes Theatres, Trenton, owned by the Hil dinger-Bishop Co. In the case of the Victory, tw members of the Independent Projec tionists' and Stage Employes' Unio were discharged April 15 followin the consummation of a closed sho agreement with the I.A.T.S.E. Th board found that the two men wer the only employes in the group in ; volved and had made efforts to bar gain collectively with the Cosmopoli tan Amusement Co. operators of th house and ruled that the company ha< failed in its obligations by negotiatin an agreement with a union represent ing none of its employes. The cas was ordered sent to the Compliance Division. At the Princess, one employe wal discharged upon the making of th closed shop agreement, but here it wa ruled that the management was in th right, the alliance representing th > bulk of the employes. Hear Whitestone Appea Leslie E. Thompson and Harr Hecht yesterday acted as a code aj peal committee in the hearing c M-G-M, Columbia, Paramount, Bi "U", Majestic and Warners again; Abraham Drojin, John Gladstone an Henry Liman on illegal transfer c the Rialto, Whitestone, L. I. Redraft Ohio Clearance Cincinnati, Oct. 26. — A redrai of the clearance schedule for th Greater Cincinnati, Columbus an Dayton territories is being drawn fol lowing an exhibitors' meeting hen The redraft will be forwarded t Campi for approval. The Leading Daily _~ ^ Newspaper! of the Motion | Picture Industry MOTION PICTURE DAILY Alert, Intelligent and * Faithful) Service to the Industry in All Branches >OL. 36. NO. 101 NEW YORK, MONDAY, OCTOBER 29, 1934 TEN CENTS Charges M. P. Council Aims Hit Theatres E. G. Levy States Short Fosters Competition The charge that the "ultimate obj- ective" of the M. P. Research Coun- cil's current efforts to raise a $200,000 campaign fund in furtherance of its lew program calling, in the main, for abolition of block booking is the pro- motion of "widespread, non-theatrical Exhibitions" in competition with es- ablished theatres, is made by Edward E. Levy, M. P. T. O. A. general coun- sel, in a bulletin distributed to exhibi- tors on Saturday. The bulletin contains an address on he subject made by Levy earlier be- fore the Better Films Council of New Haven. It cites criticism of the Re- search Council's activities by its own (Continued on page 6) Missouri Receipts In '33 $8,014,000 Washington, Oct. 28. — Box-office -eceipts of $8,014,000 were reported tor last year by 278 Missouri film :heatres which had a total payroll of $1,785,000, while 43 legitimate and film ana vaudeville houses took in $2,242,000 and had a payroll of $765,000, the U. S. Census Bureau reported yesterday. Reports on the leading cities showed (Continued on page 3) Milwaukee Picketing Ban Ended by Appeal Milwaukee, Oct. 28.— The U. S. Circuit Court of Appeals at Chicago has reversed a decision by Federal Judge F. A. Geiger granting a pre- liminary injunction to the Rex Theatre Corp., Sheboygan, Wis., prohibiting picketing of the house by the I.A.T.S.E. and other unions. The injunction was dissolved on the ground that Judge Geiger had not permitted William B. Rubin, attorney for the union, to show that the oper- ators of the theatre violated the NRA code. Friedlander Named 1st Div. Vice- Pres. Al Friedlander has been named vice- president of First Division. He has been serving as assistant to Harry H. Thomas, head of the company, and as director of advertising and publicity. Gains Shown By Premiums In N. Y. Area Estimated 75% of Indies Are Using Practice Premiums are rapidly gaining head- way in New York theatres. It is now estimated that 75 per cent of Greater New York independent houses have adopted the "giveaway" policy. Ex- hibitors are distributing linens, glass- ware, ebonyware, silver sets and other household articles on an average of three nights a week, it is computed. W ith the increased demand for free articles, the number of premium houses has risen to about 15. One of the chief necessities for giv- ing away articles, exhibitors claim, is because of the staleness of pictures showing at independent theatres. Ex- hibitors assert that, because of in- creased protection demands by circuits, it is impossible to get releases until (Continued on page 7) SMPE Expects 200 At Sessions Today Two hundred technicians, engineers and equipment manufacturers will at- tend the opening of the four-day S. M. P. E. convention today at the Hotei Pennsylvania. The high-lights of the first day's ses- sion will be addresses at a luncheon by Martin J. Quigley, Hiram Percy Maxim, president of the Amateur Cinema League, who will introduce (Continued on page 3) More at Work Cincinnati, Oct. 28. — Indus- trial employment in Septem- ber was 7.1 per cent greater than September of last year, according to a survey com- pleted by the Bureau of Business Research of the Ohio State University. The gain over August was .4 per cent. The record was only 1.9 per cent below the average Sep- tember increase since 1929. Para. Sets Plans On National Drive Paramount home office sales execu- tives and district and division man- agers, returning from a three-day ses- sion in Hot Springs, have completed plans for a national sales drive which will be announced to the entire sales force this week. According to plans developed, the drive will last three months, starting Jan. 1, with bonuses for leaders. Among those returning today are George J. Schaefer, Neil Agnew, J. J. Unger, Charles Reagan, Milt Ku- sell, Robert M. Gillham, Alec Moss, (Continued on page 3) Production Gains Slightly on Coast Hollywood, Oct. 28. — Production for the week ending Oct. 27 registers a slight increase in feature pictures and a decrease in short subjects before the cameras. The chart shows 38 features and seven shorts in work as compared to (Continued on page 7) It Took Five Seconds William Fox isn't talking these days. As owner of 90 per cent of the stock in American Tri-Ergon, which has filed 22 suits against producers, distributors and film laboratories, he is keep- ing mum on his plans. Fox appeared jovial enough when a Motion Picture Daily re- porter approached him. Where talking was concerned, however, the Sphinx was loquacious by comparison. It was an interview and it wasn't. No matter in what classifica- tion newspaper curriculum places it, the episode lasted exactly five seconds. "What . . . .," was as far as the reporter could get when Fox re- torted: "I'm not going to do any talking." "And you won't say anything about reports of a settlement in the patent situation," the reporter managed to squeeze in. "No," was the reply and a signal for Fox's exit. At the time, he was accompanied by his brother-in-law, Jack G. Leo. Contracts Get Full Approval In CampiVote Legal Committee Rules Code Not Violated Contracts being used by distributors for 1934-35 product are not in viola- tion of the code and conform to all provisions of the optional standard license agreement provided for in the code, Campi's legal committee has held. An analysis of the various clauses was recently made by the legal com- mittee after Code Authority had re- ceived numerous complaints from exhibitors of alleged code violations in contracts. Nathan Yamins at first was appointed to make a study of all distributors' pacts and his report, after much arguing by the legal committee and Campi members, was finally voted down. Because it was held that a minimum vote of six, either in the affirmative or negative, is necessary for a majority vote, Campi has decided to hold a re- hearing on the Boston clearance and zoning appeal involving a Brookline, (Continued on page 7) Bank Appeals Rule On Allied Owners Notice of intention to appeal the U. S. District Court decision denying Manufacturers' Trust Co. the right to vote the $12,000,000 Allied Owners bond indenture, for which it is trus- tee, in Allied's reorganization proceed- ings was filed in Brooklyn on Satur- day. Allied Owners, a debtor corporation under Section 77-B of the bankruptcy laws, owns the Brooklyn Paramount, Loew's Kings, Pitkin and Valencia, and theatres at Birmingham, Ala., (Continued on page 3) Consolidated Net on Quarter Is $187,841 Consolidated Film Industries, Inc., reports a consolidated net income of $187,841 for the quarter ending Sept. 30. This is after depreciation and Federal income taxes, and compares with $320,782 for the previous quar- ter. For the nine months ending Sept. 30 the net income was $824,404, or 43 cents a share on the common, as against $716,478, or 22 cents a share on the common, for the same period in 1933, MOTION PICTURE DAILY Monday, October 29, MOTION PICTURE DAILY (Registered U. S. Patent Office) Vol. 36 October 29, 1934 No. 101 Martin Quigley Editor-in-Chief and Publisher MAURICE KANN Editor JAMES A. CRON Advertising Manager Insiders' Outlook Published daily except Sunday and holi- days by Motion Picture Daily, Inc., sub- sidiary of Quigley Publications, Inc., Martin Quigley, President; Colvin Brown, Vice-President and Treasurer. Publication Office: 1790 Broadway, New York. Telephone Circle 7-3100. Cable ad- dress "Quigpubco, New York." All con- tents copyrighted 1934 by Motion Picture Daily, Inc. Address all correspondence to the New York Office. Other Quigley pub- lications: MOTION PICTURE HERALD, BETTER THEATRES, THE MOTION PICTURE ALMANAC and THE CHI- CAGOAN. Hollywood Bureau: Postal Union Life Building, Vine and Yucca Streets, Victor M. Shapiro, Manager; Chicago Bureau: 407 South Dearborn Street, Edwin S. Clif- ford, Manager; London Bureau: Remo House, 310 Regent St., London, W. 1, Bruce Allan, Representative. Cable address: "Quigpubco, London"; Berlin Bureau: Berlin - Tempelhof, Kaiserin - Augustastrasse 28, Joachim K. Rutenberg, Representative; Paris Bureau: 19, Rue de la Cour-des- Noues, Pierre Autre, Representative; Rome Bureau: Viale Gorizia, Vittorio Malpassuti, Representative; Sydney Bureau: 102 Sus- sex Street, Cliff Holt, Representative; Mex- ico City Bureau: Apartado 269, James Lockhart, Representative; Glasgow Bureau: 86 Dundrennan Road, C. Holmes, Repre- sentative; Budapest Bureau: 3, Kaplar-u, Budapest, II, Endre Hevesi, Representa- tive; Moscow Bureau: Civtzev Vrazhek, N. 25, Apart. 146, Moscow, U. S. S. R., Bella Kashin, Representative. Cable ad- dress: "Samrod, Moscow." Entered as second class matter, January 4, 1926, at the Post Office at New York City, N. Y., under Act of March 3, 1879. Subscription rates per year: $6 in the Americas, except Canada $15 and foreign $12. Single copies: 10 cents. Leap Kills A. M. Elliott Detroit, Oct. 28— Arthur M. Elli- ott, lately connected with the Trendle booking combine here and prior to that local RKO branch manager, died in a fall from the seventh floor of the Hotel Detroiter. The death was listed as a suicide. Business and other diffi- culties were given as the cause of his action, although he left no notes. He was 42 and divorced. The Variety Club here will handle the burial. Carl Schwarz Passes Denton, Md., Oct. 28. — Carl Schwarz, 54, owner of the Dentonia Theatre, independent first run here, died in the office of Dr. E. Paul Knotts of a heart attack. Schwarz moved to this city about two years ago from Bridgeville, Del. Warners' Lake Opened Cleveland, Oct. 28. — Warners Lake, closed all summer, has reopened with a second run policy. John Manuel, formerly manager of the Kenton The- atre, Kenton, is in charge. The house will play full weeks and split weeks depending upon the program. Schwartz Leaves Hospital Cleveland, Oct. 28. — Ernest Schwartz, recovering from bullet wounds received five weeks ago, has left the hospital and is now at his heme. INTERESTING, very interest- ing, is the Warner experiment now under way in Philadelphia. That circuit's executives are de- termining which pictures are suitable for adults only and which for family entertainment. The "A" symbol for the former and the "F" for the latter are designed to aid discriminating picture fans in picking their at- tractions as they go. The idea, provided the judgment exercised in the selectivity process is im- partial, has a very good chance of levelling off one of the tough spots in the road which the busi- ness is traveling in these times. . . . ▼ One of the troubles long has been the impression still cur- rent in the minds of some pro- ducers that every attraction they turn out in Hollywood is suitable for the complete range of hu- mans to see. Of course, that is incorrect. There are certain kinds of vehicles which are strictly adult entertainment. On the other hand, one of the wide- spread complaints from outsiders looking in is that the heads of families have difficulty in learn- ing what or what not to send their children to see. A designa- tion, such as in the Warner ex- periment, at least gives the pay- ing public something it is entitled to know. . . . It does not necessarily follow that too devout attention will be paid the idea. There will be the heads of many households who will be too busy or too negligent to follow through. There will be others who may resent the cata- loguing of pictures and who may view any segregation as an inva- sion of their prerogatives. Yet there will be, for there must be, untold others who will cheer loud and long for being supplied some sort of an answer to the pressing social and moral problems inher- ent in films as the popular form of amusement for juveniles. . . . ▼ On the other hand, experience only will furnish the answer to the question if the classification plan will keep youngsters from flocking to the adult entertain- ment from which a scheme such as this endeavors to keep them. The old wheeze about forbidden fruit is as new as ever it was. But far and away the major benefit, as this column sees it, is that any "A" and "F" system will tend to keep the exhibitor clear of trou- ble. Reasonably enough, there is little a theatre operator can do beyond stamping types of pictures for certain types of audiences. If those audiences want to attend anyway, they will, accompanied by parents or not, unless the law against minors is strictly invoked. In that case, however, the respon- sibility will shift itself from ex- hibitor to parent where the bur- den of the job belongs in the first instance. . . . Nobody is talking, but many lo- cally are speculating over the ex- tent of the tieup between Wilentz and Allied. David T. is the attor- ney-general of New Jersey who tried and lost a code clearance case for the Ellwood in Newark versus Warners. Percolating is the yarn he will again attempt to become active in picture matters once the Bruno Hauptmann trial, which he will prosecute, is cleared. Up the line from the New Jersey code advisory com- mittee to Campi, the all-highest, were the rulings against Wilentz in the Ellwood matter. He made an appeal to Washington which, so far as NRA and the film busi- ness goes, means Sol A. Rosen- blatt. The deputy administrator advised Wilentz to forget it in Pathe "A" Up One on Big Board Consolidated Film Industries 354 Consolidated Film Industries, pfd Fox Film "A" Loew's, Inc Loew, Inc., pfd Paramount Publix. cts Pathe Exchange Warner Bros. Lux. Net High Low Close Change Sales . 3J4 354 + Vs 200 . 15% 1SH - % 400 . 12J4 1254 1254 100 . 29 283,4 28?4 - V* 1,100 • 3654 3654 3654 + H 100 . 4 4 4 600 . 154 lVs -'A 300 . 1354 13 135i +1 200 . 454 454 900 7urb Issue Net High Low Close Change Sales . m m m 100 Loew Bonds Gain Eighth Point High Low Close General Theatre Equipment 6s '40 654 654 654 Keith B. F. 6s '46 63 6254 6254 Loew's 6s '41. ww deb rights 102^ 102^ W2VS Paramount F. L. 6s '47 5554 5554 5554 Pathe 7s '37 ww 99 99 99 Warner Bros. 6s '39, wd 58 58 58 Net Change + Vs - V* Sales 1 11 1 5 2 5 view of the three unanimous vq diets against him. . . . T Wilentz, however, is in t] open with the statement he ha^ peeve to settle. What form \\ implied reprisal will take is wh-: the conjecture enters, but sor indications are around he w pick up code cudgels for Jers Allied when Hauptmann is d posed of one way or another, true, this, almost automatical would throw the honorable att' ney-general in conflict with Wa ners about whom Wilentz on made his sentiments very cle; It was a public utterance and was not complimentary. . . . T The mist and the fog surroun ing Fox Met and the volurr written around its future do: seem to be bothering Geor Skouras unduly any- longer, ; though time was when Geor was worried. The tip begins a ends in the 10-year pooling e rangement signed between Sko ras and A. H. ("Century Ci cuit") Schwartz covering Long Island theatres. . . . Post exchanges are huddling the days and are visibly excited a excitable. . . . KAN < Purely Personal HERMAN BAHR has sold semi-classical operetta, "The J low Nightingale," to Paramount a. future Bing Crosby vehicle. Aline MacMahon has cut short vacation here and is on her way Taos, N. M., for two or three w« of rest. Shirley Ross, M-G-M contr player, is en route here from the e< for stage and radio work. Ben Lucien Burman's "Steaml 'Round the Bend" has been purchs by Fox. Tucker Welcome Growl The list of guests who will att the Welcome Home beefsteak dir to be tendered Sophie Tucker by American Federation of Actors Mecca Temple Nov. 3 is growing. The guests who will sit on the include : Judge Aaron J. Levy, Max Gore Daniel Frohman, Fannie Hurst, Ju Lester Patterson, Bugs Baer, Grc Whalen, William Morris, Joe Lau Jr., Gene Buck, Harry M. Wan Eddie Cantor, Walter Huston, V Rogers and Adolph Zukor. Filming George V ReiQ London, Oct. 28.— "The Reign King George V" is being prepared London Films for release through the British Empire at the celebra! of the jubilee which will mark monarch's 25 years on the thn Winston Churchill is doing the sc and Alexander Korda will direct. iday, October 29, 1934 MOTION PICTURE DAILY UPE Expects 200 4t Sessions Today (Continued from page 1) 5. Frances Taylor Patterson, di- or of photoplay appreciation at umbia University, he morning session will include ety business and election of :ers for 1935, to be followed by the ling of the following papers : "The •atregoers' Reaction to Audible ture As It Was and Now," by M. 1 ; "Current Developments in Pro- tion Methods in Hollywood," by G. Tasker; "The Use of Motion tures for Visual Education in New ■k Schools," by Miss R. Hock- ner, director of visual education, v York, and "The Production Sit- on in Russia," V. I. Yerlinsky, kino Corp. 'his session will be followed by the :heon in the Roof Garden, at which gley, Maxim and Mrs. Patterson '. deliver their addresses, 'he afternoon session will include following talks : "New Develop- its in Micro Motion Picture Tech- " by H. Rosenberg ; "Some Tech- d Aspects of Wild Animal Photog- hy," by Martin Johnson ; "X-Ray ematography," by R. F. Mitchell, 1 & Howell Co. ; "Roentgen Cine- tography," by R. F. James, West- house Lamp Co., and "Application X-Ray Photography in Industrial velopment Work," by J. R. Town- d, Bell Telephone Lab. ?he evening session will be turned r to a showing of current pictures. Kunzman Here for Meeting A'illiam Kunzman of National Car- l Co., Cleveland, is in town. He 1 attend the four-day S.M.P.E. sion which gets under way today at Pennsylvania Hotel. WhatN. Y. Critics Think "Have a Heart" (M-G-M) American — . ... is one of those sob-and- smile combinations aimed right for the emo- tions, and usually finding a sure soft spot in the heart of its audience. It's sweet. Daily Neivs — . . . a sweetly sentimental piece that depends for its love interest on Jean Parker and James Dunn, and for its laughs on Una Merkel and Stuart Erwin. The film is called "Have a Heart" and it is possessed of a quality to be found in the Pollyanna tales. Evening Journal — And the story fashioned for the occasion is a sentimental little piece for those who like to weep softly over the fictional vicissitudes of their screen heroines. Sun — . . . has one of these, a mild little business called "Have a Heart," and it's a painfully sugary concoction. Times — To triteness, saccarinity, hokum and sentimentality the new film at the May- fair must plead guilty. World-Telegram — Although sweetness and sentiment are drawn out almost to the point of pain in "Have a Heart," and though it is out of a simple and familiar mold — it is fair enough screen entertainment. Missouri Receipts In '33 $8,014,000 ank Appeals Rule On Allied Owners (Continued from page 1) emont, O., and Glens Falls, N. Y. $23,000,000 claim against Para- unt Publix, based on the construc- n and leasing of these theatres for ramount, was recently settled and 1 be made a part of the Paramount Mix plan of reorganization, .n the event the U. S. Circuit Court Appeals upholds the Manufacturers' ust appeal the bank would have the st important voice in the reorgan- tion of Allied Owners, as the $12,- ),000 of Allied bonds outstanding, which the bank is trustee, repre- ss virtually all of the secured in- Jtedness of the company. ara. Sets Plans . On National Drive (Continued from page 1) i>n Velde, Herman Lorber, Arthur ;inne, Knox Haddow, Fred Leroy, :k Roper and G. B. J. Frawley. , Other topics discussed at the south- i session were future sales policies, (?n problems and sales cleanups. Judge Priest" ■ (Fox) American — Mr. Rogers outdoes himself it] the characterization of the gentle, foxy old Judge, and we hope he'll stay Southern in- stead of Middle-West or New England. Bu1 for all his scintillance in this star-spangled part, he must take Henry B. Walthall with him for every bow. . . . Both script and sets are well-nigh perfect and John Ford'.' direction is a great attribute. Daily Mirror — You will enjoy the weer of your life at "Judge Priest." It's great entertainment. Don't miss it. Daily News — This happy combination of the right players, the right author and scenarist and the right atmosphere makes this production one for your movie list. Evening Journal — . . . Rogers' best, a heart-warming and genuinely moving glory of a sleepy Southern town in the nineties. Herald-Tribune — . . . Nor can it be set down as one of Mr. Rogers' most enthu- siastic fans. Nevertheless, it seems to me that in its sentimentally humorous way, "Judge Priest" is a decidedly entertaining motion picture that is easily the best thing the great Jeffersonian Democrat has yet con- tributed to the screen. Post — . . . Very much a Will Rogers picture and one of the distinctly better ones. The comedian is wistful, homely and philo- sophic by turns, and his propensity for oc- casionally stepping over the borderline into coydom (if there is such a place) has been curbed not only by the dialogue but by the resourceful and level-headed direction of John Ford, who has equipped the picture with neat variations and a rousing staged climax. Sun — It seems pretty safe to come right out and recommend "Judge Priest" to every moviegoer as grand, well-written, shrewdly acted comedy drama. It uses all the tricks and arts of hokum, from flag-waving to beautiful orphan daughters; and it's got more sturdy laughs in a reel than you can find in half a dozen comedies, including "The Merry Widow." Times — The photoplay which Fox has as- sembled around Dr. Will Rogers, the emi- nent newspaper columnist, presents the cow- boy Nietzsche in one of the happiest roles of his screen career. . . . Also fortunate in its staging and in the superior direction of John Ford. World-Telegram — Nothing could be much simpler than the story of "Judge Priest." , . And by the same token nothing could be much more delightful and entertaining. Berthold Viertel, she makes the . . . picture this week engrossing entertainment. Herald-Tribune — . . . Nova Pilbeam is of vast help to the occasionally overwrought but decidedly effective drama of marital disarrangement. Post — Certainly the selection of Nova Pil- beam was a stroke of casting. This four- teen-year-old actress has the wistful appeal that strikes straight to the heart; her acting is irresistible in its unaffectedness, and the very qualities which she brings to the role poignantly reveal the dramatic crux which the authors have injected into the story. . . . The picture is a wise and sympathetic treat- ment of divorce as it affects the offspring. It is written with style and insight, and expertly directed by Berthold Viertel. Sun — . . . one of the most human and poignant pictures of the year. . . . "Little Friend" is inconceivable without the pres- ence of Nova Pilbeam, the fourteen-year- old actress whose performance, shines through the entire picture. She plays with a depth and sincerity almost unique in motion pictures. Times — . . . played in a style of direct- ness and enormously effective simplicity by 14-year-old Nova Pilbeam. Under Mr. Vier- tel's penetrating guidance, the drama has been rigidly purged of the gaudy emotional- ism which the theme invites. . . . World-Telegram — A deeply moving story of the bewilderment, fear and indecision of a girl of 14 struggling to adjust herself to her parents' divorce is told with shocking honesty. . . . Its principal role is played with uncanny ntuition and skill by a 14-year-old English [irl named Nova Pilbeam. (Continued from page 1) 35 film and five other theatres in St. Louis, the former with receipts of $2,966,000 and a payroll of $885,000 and the latter with a box-office of $724,000 and payrolls of $434,000. Kansas City reported 37 film houses with receipts of $2,229,000 and payrolls of $410,000 and 14 vaudefilm theatres with receipts of $735,000 and payrolls of $191,000. Other reports included St. Joseph, seven film houses with receipts of $450,000 and payrolls of $102,000; Springfield, five film houses with box-; office of $167,000 and payrolls of; $43,000. Sign Circuit Deal Paramount has signed the Seider- ;sey & Wheeler circuit on Long and for its entire output. About 30 uses are involved in the deal closed Henry Randel, Brooklyn and Long ! and branch manager for Paramount. "Little Friend (Gaumont-British) American — It is a tense story, well told by Director Berthold Viertal, and exquisitely olayed by the young dramatic artist, Nova Pilbeam, supported by a well-chosen cast of adults. The fourteen-year-old Nova con tributes a portrayal that is hall-marked with sincerity and skillful artistry that may well set a goal for her elders. Daily Mirror — It is a substantial and pow erful story of a child's shattered world heroic, pathetic and infinitely sensitive. . . Nova Pilbeam ... is a matchless artist. Daily News — Little Miss Pilbeam's per formance is so highly competent that she wrings the hearts of the beholders and brings tears of sympathy to their eyes Evening Journal — Charming, unaffected and responsive to the intelligent direction of "Peck's Bad Boy {Fox) American — See this one — and take the kids along. It's fun for the whole family, with a tear or two tossed in to emphasize the laughs. Adapters, directors and cast have caught the spirit with which the piece is endowed and have made it as much an American screen classic as it has been a popular story during a quarter century or more. Daily Mirror — This refreshing and under- standing movie about the ancient troubles of the very young is a fine vehicle for Jackie Cooper. Daily News — While it may have lost some of the fun of the original, the picture has gained something in dramatic effect. It is a nice, homely little comedy with several touching episodes***. Evening Journal — And, told with sympa- thy, and understanding, "Peck's Bad Boy" is an entertaining little drama for and about children. with Jackie Cooper once again demonstrating that he's one of the screen's most natural actors. Herald-Tribune — "Peck's Bad Boy" is no doubt a pleasant little motion picture that you should enjoy quite ecstatically, provided you are: (1) feeling very homespun, or (2) conscientiously taking your young son to a clean film, or (3) given to nostalgic sighs over the joys of your own childhood. Post — ***may have been intended by the producers to be a hilarious sketch of a boy- hood, but it turns out to be a pedestrian affair with nothing to redeem it but the aforementioned Master Cooper's ability to plav tremolo on his vocal cords. Sun — It is a mild drama of a small boy and his father***. Jackie Cooper plays young Bill, and plays it with his usual moving combination of small-boy comedy and sympathy.*** A more forceful handling of the climactic situation would have made the picture much more important. Times — Shrewdly arranged by Sol Lesser for the sentimental needs of a vast popular audience, the new edition of George W. Peck's book aims to please, and it succeeds admirably. World-Telegram — ***reasonably entertain- ing little human interest story. Although the film is paced a little too slowly for comfort and is stretched out both unreasonably and unnecessarily, it still manages to have a nice disarming quality about it that makes if easy for one to wax sentimental over the plight of its young hero. Plan Munitions Film Samuel Cummins and Jacques A. Koerpel are producing a new film called "War Is a Racket," material for which was gathered by the former on his recent trip abroad. The picture is described as "an expose of muni- tions manufacturers." Clark, Wobber Push Sales Drive in West Los Angeles, Oct. 28. — John D. Clark and Herman Wobber will hold a meeting Tuesday in San Francisco of the Fox sales force as the third tour in the Kent sales drive gets under way. On Wednesday, Clark and Wobber will be in Salt Lake City for a second meeting which will be followed by one in Denver on Thursday and another in Kansas City on Friday. From Kansas City, the Fox sales executives will go to Oklahoma City, New Orleans, Memphis, St. Louis and Omaha. Other exchanges included in the itinerary will be Des Moines, Minneapolis, Dal- las, Indianapolis, Cincinnati, Detroit, Cleveland, Atlanta, Chicago and east- ern branches. Setting "Parade" Runs Plans are under way by Fox to open "The White Parade" in 15 key cities simultaneously during the week of Nov. 16-23. LeRoys Expect Heir Hollywood, Oct. 28. — Mrs. Mervyn LeRoy, the former Doris Warner, daughter of Harry M. Warner, will become a mother early next year, LeRoy confided to friends Saturday before his departure for New York. The LeRoys are accompanied east by Sam Briskin and will remain there several weeks to review current Broadway shows. Warners Quit at Elyria Elyria, O., Oct. 28. — Warners, who have been operating the Capitol, are relinquishing their lease, and the house will revert to John Perkas, owner. Perkas operates the Rivoli, Rialto and Dreamland, and return of the Capitol will give him 100 per cent domination of the town. The *1( 50 Million Radio Fans Want To See Him Again Father Coughlin Returns To The Air Again _ o f\N A Pictorial Review of the Man of the Hour Rev. CHAS. E. COUGHLIN Famous Detroit Commentator State and Foreign Rights for Sale — Metropolitan Bookings Available INTER CONTINENT FILM CORP. 50 East 42nd St., New York City ■ nother glorious triumph by the lan who directed "Back Street"! Starring CLAUDETTE COLBERT with WARREN WILLIAM ROCHELLE HUDSON Ned Sparks, Henry Armetta, Baby Jane, Alan Hale FANNIE HURST'S Novel made into a great JOHN M. STAHL PRODUCTION 6 MOTION PICTURE DAILY Monday, October 29, 1934 Charges M. P. Council Aims Hit Theatres (Continued from page 1) membership, by recognized scientists and by "the very exhibitors whom it pretends to protect." "While the M. P. Research Council is pretending to play the game of the independent exhibitor," the Levy mes- sage states, "it is making every effort to destroy him by encouraging and demanding non-theatrical competition. The M. P. T. O. of New York," he says, "has already passed a resolution condemning the Research Council's campaign to foster and promote un- fair non-theatrical competition." Levy cites efforts made by the coun- cil to obtain recognition in the film code of non-theatrical exhibitions on a par with established theatres and quotes from memorandums said to have been issued by Dr. William H. Short, head of the council, setting forth the same objective. He also quotes from an article pub- lished in Theatre Arts Monthly criti- cising the council's activities, written by Kate Oglesbay, whom Levy identi- fies as a "Little Theatre executive, a member of Mr. Short's board and said to be a close friend of Mrs. August Belmont, who has since resigned the presidency of the Council." The arti- cle quoted charges that Short was re- sponsible for the introduction in Con- gress of the Patman bill providing for Federal censorship of films and quotes Short as saying that he (Short) be- lieves Federal regulation of films as important as Federal regulation of public schools. "Against movements honestly de- signed to raise the quality of motion picture entertainment there can be no legitimate objection," Levy's message concludes. "But it is necessary to dis- tinguish them from the fund-raising activities of paid professional re- formers whose aim is to cram their own notions down the throats of America." Short could not be reached on Sat- urday for comment on the Levy bul- letin, but his secretary stated that he had "heard of but had not seen Levy's address, so could not comment on it intelligently." Says Educators Lack Valuation of Films Columbus, Oct. 28. — That educa- tors haven't realized the power of films as a teaching element was the opinion expressed by Dr. W. W. Char- ters, director of educational research of Ohio State University, in speaking before the first state convention of the Ohio M. P. Council. "Often one exposure of a film changes the attitude of children toward certain races or ideals, but this apparent change in attitude diminishes as the child becomes older," he declared. The council executive committee, organized for the purpose of promot- ing cleaner pictures, and having also as an objective the elimination of block and blind booking, formulated plans to conduct a state-wide survey of juvenile delinquency in Ohio. This will include the types of pictures liked by children, how many times they visit theatre each week, and their viewpoint of the pictures which they see. Speakers at the final sessions of the two-day meeting included Dr. B. O. Skinner, state director of education, J. Real Neth and Russell A. Bovim, manager of Loew's Ohio. Cincinnati Editor Hits Gilman Charge Cincinnati, Oct. 28. — The state- ment that "the movies have exploited our children," made by Mrs. Robbins Gilman, president of the Federal Con- gress of Parent-Teacher Ass'n., be- fore the Ohio congress at Columbus, as reported in Motion Picture Daily, has inspired an editorial by William G. Stiegler, dramatic editor of the Times-Star. It reads : ". . . Any such charge about 'ex- ploiting children' is cheap balderdash and is typical of the exaggeration, the intolerance and unfairness of the mis- directed crusading spirit run wild. It is time to pin the sponsors of some of these wholesale accusations down to specific instances. "If Mrs. Gilman or any of her equally zealous lieutenants in this deafeningly vocal battle for cleaner films will furnish the titles of any pictures which they can prove 'exploited' children in the last two or three years, this department will co- operate to the extent of publishing those names in capital letters at the head of the column to serve as a warn- ing to parents. "We should like to add, however, that neither the producer nor the ex- hibitor is responsible if films for in- telligent adult audiences are attended by children whose parents are utterly indifferent to their entertainment." The last paragraph appeared in bold face type. Circuit in Buffalo To Aid Legion Plan Buffalo, Oct. 28. — Buffalo Coun- cil, Catholic Legion of Decency, has received a promise of cooperation from Buffalo Theatres, Inc., opera- tors of five neighborhood houses, in its campaign for family entertainment on Fridays and Saturdays. The le- gion membership now is 65,936, Dr. Edward S. Schweigler, diocesan di- rector, reports. Of the pledge sign- ers, 18,724 are children and 47,212 are adults. End Kenton-S chine Suit Kenton, O., Oct. 28. — Suit brought by the Kenton Amusement Co. against Schine in Common Pleas Court here seeking to compel continuation of a 20-year lease on the Kenton, and per- sonal operation of the house, has been terminated, although parties to the action refuse to say on what basis. Suits pending in Common Pleas Court by same plaintiffs against both Schines and Warners, involving dam- age to the theatre property, have been settled out of court and dismissed. The Kenton will reopen Nov. 1 under management of G. H. Foster of Marion, O. Opens McRae, Ga., House McRae, Ga., Oct. 28.— All Amuse- ments, Inc., has opened a new Princess Theatre here. "Richest Girl in the World" was the initial attraction. "Night" Hits Big $9,000; Denver High Denver, Oct. 28.— "One Night of Love" is the first feature here to go from the Denver to the Aladdin for a second week. The $9,000 take at the Denver, over par by $6,000, was the cause of the move. Usually the switch is to the Para- mount across the street, where ad- missions are 10 cents lower. The Orpheum had a disastrous week. "Wake Up and Dream" was jerked at the end of the third day and "Gift of Gab" was substituted. "The Lemon Drop Kid" was helped at the Denham by a stage show and Irving Aaronson's Commanders or- chestra. The take reached $7,500, up by $3,500. Total first run business was $26,- 500. Average is $20,500. Estimated takings for the week end- ing Oct. 25: "CARAVAN" (Fox) ALADDIN— (1,500). 25c-35c-50c, 7 days. Gross: $1,500. (Average, $2,500.) "THE LEMON DROP KID" (Para.) D EX HAM — (1,500), 25c-35c-50c, 7 days. Stage show. Gross: $7,500. (Average, $4,000.) "ONE NIGHT OF LOVE" (Col.) DENVER— (2.500), 25c-35c-50c. 7 days. Gross: $9,000. (Average. $6,000.) "WAKE UP AND DREAM" (Univ.) ORPHEUM— (2.600). 25c-35c-50c, 3 days. Gross: $1,100. "GIFT OF GAB" (Univ.) ORPHEUM— (2,600), 25c-35c-50c, 4 days. Gross: $2,400. (Average for week. $6,000.) "GIRL OF THE LIMBERLOST" (Monogram) MAYAN— (966), 20c-25c-30c. 7 days. Gross: $2,500. (Average, $1,750.) "DEATH ON THE DIAMOND" (M-G-M) PARAMOUNT— (2,000), 25c-40c, 7 days. Gross: $2,500. (Average. $2,000.) "Priest" Buffalo Smash at $21,000 Buffalo, Oct. 28. — "Judge Priest" was the week's big news, getting $21,- 000, or $6,700 above normal. "La Cucuracha" attracted more attention in the Great Lakes than "Madame Du Barry" did. Total take was $47,900. Average is $44,800. Estimated takings for the week end- ing Oct. 26: "JUDGE PRIEST" (Fox) BUFFALO— (3.500). 30c-55c. 7 days. Stage: Three X Sisters: Fred Sanborn; Lucky Boys; Duke McHale. Gross: $21,- 000. (Average, $14,300.) "RETURN OF THE TERROR" (Warners) "SHE WAS A LADY" (Fox) CENTURY— (3,000). 25c. 7 days. Gross: $7,200. (Average. $6,000.) "MADAME DU BARRY" (Warners) GEAT LAKES — (3.000). 25c-40c. 7 davs. Gross: $6,400. (Average. $10,000.) "CARAVAN" (Fox) "YOU BELONG TO ME" (Para.) HIPPODROME— (2,100), 25c-40c, 7 days. Gross: $6,500. (Average. $8,000.) "THE DEFENSE RESTS" (Col.) "STOLEN SWEETS" (Chesterfield) LAFAYETTE— (3.300). 25c, 7 days. Gross: $6,800. (Average. $6,500.) Call Off Warner Party Cleveland, Oct. 28. — Because of the death of John Becorra, former man- ager of the Variety Theatre, the War- ner Club has cancelled its Hallowe'en party scheduled for Friday. Lewis to Havana Dave Lewis, administrator of M-G- M's exchange in Cuba, has returned to Havana after a two weeks' vaca- tion here. "Divorcee" Is Draw in Two Coast Houses Los Angeles, Oct. 28. — "The Gay Divorcee" demonstrated strong draw- ing powers both in Hollywood and downtown. At the Warner Holly- wood it topped par by $1,500 for a gross of $15,500 and at the RKO downtown it went to $14,500, over normal by $6,500. "Cleopatra," with a stage show ran up to $21,405 at the Paramount. This is up by $5,405. "Affairs of Cellini" went into the Chinese and made a good showing, $12,500 on a scale of 30c to 65c. Total first run business was $88,- 805. Average is $69,200. Estimated takings for the week end- ing Oct. 24: "AFFAIRS OF CELLINI" (U. A.) CHINESE— (2,500), 30c-6Sc, 7 days. Gross: $12,500. "BARRETTS OF WIMPOLE STREET" (M-G-M) LOEW'S STATE— (2.413), 30c-55c, 2nd week, 7 days. Gross: $11,900. (Average, $14,000.) "CLEOPATRA" (Para.) PARAMOUNT— (3,595), 30c-55c, 7 days. Stage: Rube Wolf and his orchestra. F. & M. revue. Gross: $21,405. (Average, $18,000.) "THE GAY DIVORCEE" (Radio) RKO— (2,700), 25c-65c. 7 days. Gross: $14,500. (Average, $8,000.) "THE GAY DIVORCEE" (Radio) WARNER BROS. (Hollywood)— (3,000), 25c-65c, 7 days. Gross: $15,500. (Average, $14,000.) "BIG HEARTED HERBERT" (Warners) WARNER BROS. (Downtown)— (3,- 000), 25c-40c, 7 days. Stage: 6 acts vaude- ville. Gross: $8,800. (Average, $12,000.) "STUDENT TOUR" (M-G-M) "SCHOOL FOR GIRLS" (Liberty) PANTAGES— (3,000), 25c-40c, 7 days. Gross: $4,200. (Average, $3,200.) "U" After Peggy Wood Hollywood, Oct. 28. — Universal is negotiating with Peggy Wood to star in an original operetta titled "Sing Me a Love Song." Stanley Berger- rr.an will produce. Harris and James Mulhauser are working on the screen play. Sign Television Star Hollywood, Oct. 28.— The first star of television for pictures was signed by Universal yesterday. She is Eole Galli, sister of Maria Gambarelli. Miss Galli is in New York at present. Close Franchise Deal Budd Rogers, sales manager of Liberty Pictures, has closed franchise deals for the Denver and Salt Lake territories with Gene Marcus, presi- dent of Majestic Pictures, who will distribute Liberty product in those sections. FWC in Profit Contest Denver, Oct. 28. — A profit-sharing contest has been inaugurated by the Intermountain division of F. W. C. and will run 14 weeks. It is called the "Employees' Profit Sharing Con- test." Sets Four Meetings Four meetings have been set bv Allied of New Jersey. Oct. 30, Nov. 13. 20 and 27 are the dates when mem- bers will convene at the Lincoln, the unit's headquarters. Monday, October 29, 1934 MOTION PICTURE DAILY 7 MOTION PICTURE DAILYS HOLLYWOOD PREVIEW "Evelyn Prentice" (M-G-M) Hollywood, Oct. 28. — Starting as a domestic problem play of a busy lawyer, William Powell, with little time for his wife, Myrna Loy, it switches to motivate Miss Loy's harmless rendezvous with a poet, Harry Stephens, and winds up as a murder mystery in a courtroom with Powell defending Isabel Jewell, who is on trial for murder, and his own wife, a self-confessed slayer. While it appears that the novel by W. A. Woodward, from which the screen play was adapted by Howard Emmett Rogers and Lenore Coffee, had a vogue, the film creates the impression of struggling with marital and extra-marital situations not so readily filmable. Aside from the fact that the characters fail to stimulate strong sympathies to win audience favor, the production pace is draggy in spots, except for a pickup at the finish when interest and suspense are aroused. Both Powell and Miss Loy perform well, if not wholeheartedly, with their artistry shining forth. Una Merkle contributes her distinctive brand of joy. Edward Brophy, one of the screen's funniest men, makes the most of a small opportunity. Miss Jewell has her moment and registers. Rosalind Russell seems miscast while Cora Sue Collins is cute. William Howard's direction has difficulty rising above the story values. The photography and sound are okay. Although the marquee names of Powell and Miss Loy should draw, the film may require previewing to secure correct exploitation angle. No code seal. Running time, 88 minutes. "College Rhythm" (Paramount) San Diego, Oct. 28. — Take Lanny Ross, Joe Penner and his duck and peppy Lyda Roberti out of the picture, previewed at the Fox Theatre here, and you have just another college picture. With this trio of stars, Director Norman Taurog has turned out a rollicking, snappy, tuneful, hangup collegiate comedy which is a natural to all audiences. There are plenty of crack exploitation angles in the melodious tunes by Harry Revel and Mack Gordon, radio and screen names, plus timely football season tieup. The story by George Marion, Jr., has plenty of action and laughs, although just a wee bit improbable. The plot is built around the rivalry between wisecracking Jack Oakie and bespectacled, scholarly Lanny Ross on the football gridiron and in business life. Mary Brian furnishes the love theme, but Ross finally tumbles to the fact that he is that way about Helen Mack. Hard up after graduating from college, Oakie begs a job from Ross, son of a wealthy department store owner. The fun begins when Oakie turns on the collegiate atmosphere, much to Ross' disgust. Penner is easily the hit of the picture with his duck and nonsense. The audience at the preview got its biggest laugh out of a scene where Penner makes love to Goo-Goo, his duck. No code seal. Running time, about 80 minutes, but should be cut in the stadium cheering scenes and store opening. Contracts Get Full Approval In CampiVote (Continued from page 1) Mass., situation. When Campi voted on this issue, the tally was five to three, two members being absent. Code Authority members at the last meet- ing held a discussion of this case with the result that a rehearing and new vote was ordered. No action was taken on the Los Angeles and Kansas City clearance and zoning schedules, indicating that both will be sent back for clarification and modification. It was expected that the Los Angeles plan would be the first approved and to be put into effect. The Kansas City outline, ap- proved by 90 per cent of exhibitors, also was in pretty good shape except for certain clarifications. Distributors' chief objections to all schedules is inclusion of clauses whereby subsequent runs charging the same admissions are to be given identical availabilities following prior runs. This, it is held, will create a print shortage in each key city. One plan suggested was to follow provisions in the uniform contract whereby subsequent runs can date within 30 days after prior runs, thus eliminating minimum and maximum clearance dates. Another thought was to change the national releasing scheme so that key cities do not re- lease on the same date. It is figured that if Chicago prints were available before Kansas City, and Kansas City before Detroit, the print shortage situ- ation would be reduced so some extent. In the Mason City Fontenelle case involving transfer of lease, Campi is understood to have reversed the Omaha board which certified the com- plaint for Code Authority action. It is understood Campi's vote was seven tc three for throwing the argument back to the local board, which in all probability will dismiss the complaint. Cleveland Cases Up For CampVs Ruling Cleveland, Oct. 28. — Two cases have been certified to Campi by the grievance board. One is an overbuy- ing complaint of the Alden Seitz Amusement Co., Sandusky, against the Warner Ohio, that city, and the other is a complaint on the 10 per cent cancellation clause filed by Jerome Steel, Apollo Theatre, Oberlin, against RKO Radio. Stop orders have been issued in the complaints against Sam Deutsch, Sun, Cleveland, and Erie, Cleveland, on distribution of passes. A premature advertising complaint against C. W. Bickert, Palace, Ashland, has been certified to Campi. Iowa Stand on Bank Nights Is Modified Des Moines, Oct. 28.— Modifica- tions of the stringent rules laid down in previous grievance cases against bank nights were noted in the deci- sions handed down by the local griev- ance board in a case just passed on. Bank nights were allowed to continue in three _ Iowa towns where a non- competitive situation existed, but in the fourth bank night advertising was ordered discontinued. This was the case of J. H. John- ston of the Princess, Stuart, la., against G. W. Morgan of the Grand at Greenfield, A. B. Petitt of the Iowa at Winterset, Allen & Allen of the Garden at Guthrie Center and J. C. Doop of the Rialto at Stuart. Since the complainant was operating a theatre in a town other than those where bank night was being carried on, the board decided his was not a competitive situation. However, the Norman & Keuch the- atre at Sac City, la., the Chieftain, was ordered to end bank nights im- mediately on complaint of W. W. Watt of the Casino at Sac City. Sennett Loses Suit Los Angeles, Oct. 28. — Mack Sen- nett has lost his $35,000 suit against Myrtle Mack for injuries suffered by him in the motor crash that killed her husband, Charles E. Mack, of Moran and Mack, in Arizona in January of this year. Ontario Government Drops Studio Staff Toronto, Oct. 28.— Dismissal of 24 of the staff of the Ontario Government film studio at Trenton, Ont., and at Toronto, has been announced by the new provincial premier, Mitchell Hepburn. Only six employes are be- ing retained and are to be transferred to the Department of Education to handle distribution of releases that may be appropriate for educational purposes. Among those discharged were Major G. E. Patton, director in charge, who has been on the job since the studio was established IS years ago; three cameramen, laboratory specialists, film editor, title artists, mechanics, office clerks and others. The payroll saving will be $57,000 per year. During the past 12 months with film production at a low ebb, the studio spent $75,000 and derived a revenue of $8,000 in rentals. The studio and equipment have been put up for sale. Gains Shown By Premiums In N. Y. Area (.Continued from page 1) they are too old to have drawing power. Even two features have failed to draw, some exhibitors contend, who insist the only way to get patrons is to offer household articles to the cus- tomers. In some theatres, exhibitors have been forced to give away premiums on Saturday nights, it is stated. "It has come to a state of affairs that unless we give away these articles we cannot exist. We have tried to discontinue them, but our box- office proved this was suicide," one operator said. According to the code, 75 per cent of exhibitors in a given territory must vote against giveaways before they may be stopped. That the practice will be banned in New York seems re- mote. Not one complaint on this issue has reached the local grievance board. While the independents look to give- aways as a business salvation, circuits in general are shying clear of them. It is reported Warners are distribut- ing free articles in some of their New Jersey houses, but this, it is said, only holds true in a few spots. It is not a general policy but applies only in highly competitive spots, it is declared. Form Rex Premiums Rex Premium Corp. has been formed with Greater New York as its field of operations. Production Gains Slightly on Coast (Continued from page 1) 36 features and eight shorts for the preceding week. In the final prepar- ation stages there are 20 features and eight shorts scheduled to get under way within the fortnight, while 49 fea- tures and 20 shorts are in the cutting rooms. Warners, as in the past four weeks, continues to lead the field for activity with seven features in work, three preparing and eight editing : Para- mount is a close second with seven, four and three; Fox has six, two and four; Columbia, five, zero and seven; M-G-M, three, three and 10; Radio, two, one and six ; Universal, two, three and three ; 20th Century, one, zero and zero ; Roach, zero, zero and one, while the combined independent studios reg- ister a total of five, four and seven. In the short subject division M-G-M has one before the cameras, one pre- paring and four editing ; Roach has one, one and two ; Columbia, one, zero and one ; Radio, one, one and six, while the independents aggregate three, five and six. Charnas Golden Wedding Cleveland, Oct. 28. — Mr. and Mrs. M. Charnas, father and mother of Harry Charnas of New York, Nat of Toledo, Phil of Bucyrus and Mrs. Jesse Fishman of Cleveland, celebrated their 50th wedding anniversary today with a dinner and reception at the Jewish Center. 23 La That's the kind of program you can offer when you play Educational^ short subjects. There is color in these big star featurettes; there's infinite variety in them; a quick tempo to pep up your show; the best music and the biggest laughs. and always more and bigger star names to attract the public. No wonder every week is showing a larger number of theatres playing (sdiuxilixmal Distributed in U.S.A. by FOX Film Corporation DUE/ The Leading Daily Vrl/ Motion ' Picture Industry MOTION PICTURE DAILY % Alert, Intelligent and "\ Faith ful | Ji Service to' the Industry in All Branches 36. NO. 102 NEW YORK, TUESDAY, OCTOBER 30, 1934 TEN CENTS New Uses for Films Coming, Says Quigley IProblem for Engineers, He Tells S. M. P. E. ! One of the aftermaths of the clean •icture drive will be a continuing jtemand that films, now devoted al- nost entirely to theatrical entertain- ment, will project themselves into new ields, declared Martin Quigley, at he noonday lunch of the S. M. P. E. n the Hotel Pennsylvania yesterday. "It is the function of you engi- leers to supply the answer to this," le said. "It is the belief of many 'hat pictures should be given wider «ses than those to which they have »een applied." Col. Roy Winton, secretary of the \mateur Cinema League and the next •peaker, added to Quigley's thought ilong this line by saying that amateur ilms had reached the point where (Continued on page 4) Shuffle Impends Reports were current yes- terday of important impend- ing changes in the Warner Philadelphia theatre zone. The changes, it is rumored, will break in about a week, but will not affect Leonard Schlessinger, zone manager. He has about 130 theatres under his wing. Joseph Bernhard and Mort Blumenstock were in the Quaker City yesterday and could not be reached for a statement. The former re- turns today. GRANTS DAMAGES IN PA. TRI-ERGON CASE NRA May Hold A Hearing on Dues Schedule U. S. Judge Punishes 3 For Infringement; First Action of Its Kind Wisconsin's 1933 Gross $6,601,000 Washington, Oct. 29. — Wisconsin ast year had 303 film and vaudefilm heatres with box-office receipts of ;6,601,000 and payrolls of $1,404,000, t is revealed by the U. S. Census Bu- eau. Milwaukee had 72 houses taking in 2,730,000 and paying $693,000 in sala- ies, while Madison had five, with re- :eipts of $296,000 and payrolls of $64,- 100 ; Kenosha had six with receipts of 1167,000 and payrolls of $49,000, and Marine eight with receipts of $190,000 md payrolls of $49,000. Look for Equity to Approve Guild Move The agreement by which the Screen Actors' Guild becomes an affiliate of Actors' Equity Ass'n. and of the American Federation of Labor is ex- acted to be approved by the Equity Council at the meeting of that body oday. Frank Gillmore, Equity president, i"as optimistic yesterday on the (Continued on page 3) Ostrer States BIP Plan Not To Be Revived By BRUCE ALLAN London, Oct. 29. — While he was in America, he discussed a possible amal- gamation with B. I. P. with his as- sociates, but these talks will never be revived, Mark Ostrer said at the annual meeting of Gaumont British today. He presided. G-B declared a final dividend of four per cent, or a total of seven per cent this year. A plan, involving £14,- 000,000 to consolidate various Gau- mont British-owned subsidiaries, such (Continued on page 3) Individual Feature Sales Gaumont Plan Individual sales contracts for each of its 16 pictures will be the policy of Gaumont British, according to Jef- frey Bernerd, general manager. Ber- nerd is of the opinion that every ex- hibitor should see the picture he is buying before he signs a contract. "Chu Chin Chow" has been booked over the entire RKO circuit in Greater New York and "Power" is set in all Loew houses in this territory. Washington, Oct. 29. — Although but one objection to the exhibitor as- sessment schedule has thus far been received, approximately a dozen com- plaints from independents against the producer - distributor charges have reached the National Recovery Ad- ministration, raising the possibility that a formal public hearing may be resorted to in the effort to straighten out the controversy which appears to have arisen. Within the next couple of days, Deputy Administrator William P. Farnsworth is expected to decide what action should be taken on the schedule, which when submitted was represented as having the unanimous approval of the Campi finance com- mittee, including Edward Golden, al- ternate for W. Ray Johnston, head of Monogram, who appears to be behind (Continued on page 4) Scran ton, Pa., Oct. 29.— Altoona Publix Theatres, Wilmer and Vincent and the Locust Street Real Estate Co. of Harrisburg, Pa., were today or- dered by Federal Judge Albert W. Johnson to pay to the American Tri- Ergon Corp. and Tri-Ergon Hold- ing, A. G., a Swiss corporation, profits and damages for patent infringement. This is the first instance of a court compelling a defendant in a Tri- Ergon suit to reimburse the plaintiff for losses alleged to have been suf- fered through infringement of its double printing and flywheel patents. On Friday Judge Johnson appointed Frank H. Stross, former judge of the Northumberland County Common Pleas Court, as a master to report on (Continued on page 3) Denver Giveaways Amendment Drafted Denver, Oct. 29. — Exhibitors here have gone off on a new tack in their effort to get Code Authority to permit giveaways. They have drawn up an entirely new section of the code cov- ering the subject so that a vote of 75 per cent of the independents actually operating and 75 per cent of the af- filiated houses can legalize the prac- tice. The new section also provides that no grievance board shall declare (Continued on page 4) Grand Jury Indicts 3 Empire Officers Arthur Farkash, president; Joseph Matt, business manager, and Joseph reperson, counsel of Empire State (Continued on page 3) Runs, Hits, Mostly Errors By FRED Nyack, N. Y., Oct. 29.— The ex- chequer of the Nyack Hospital was more comfortable today in anticipa- tion of a check covering the proceeds of the alleged baseball game held here yesterday between the Nyack Eagles, organized by Ben Hecht and Charles BAEHLER MacArthur, and the "21" Hangovers, composed of New York's men-about- town who make their headquarters at the "21" Club. The game was held in the Clarson Stadium. The Eagles claim a victory by a (Continued on page 3) Legal Points Face Joyce on Para. Fees Special Master John E. Joyce took under advisement yesterday the argu- ments of counsel on vital legal points affecting the allowance of fees aggre- gating approximately $800,000 to trus- tees, their counsel and special aids for services in connection with the Paramount Publix bankruptcy. The trustees, Charles" D. Hilles, Eu- gene W. Leake and Charles E. Rich- ardson, have petitioned the court for interim allowances of $100,000 each; their counsel, Root, Clark, Buckner & Ballantine, ask $350,000. Joyce (Continued on page 4) Sinclair Asks Probe Of Film Activities Los Angeles, Oct. 29. — A demand that Congress investigate an alleged campaign of propaganda by film in- terests to defeat him in his race for the governorship of California has been made by Upton Sinclair. The request was contained in telegrams Senator David I. Walsh (D., (Continued on page 3) to Short Silent About E. G, Levy's Charge Dr. William H. Short, head of the M. P. Research Council, withheld an answer yesterday to the charge made by Edward G. Levy, M. P. T. O. A. (Continued on page 2) MOTION PICTURE DAILY Tuesday, October 30, MOTION PICTURE DAILY (Registered U. S. Patent Office) Vol. 36 October 30, 1934 No. 102 Martin Quigley Editor-in-Chief and Publisher MAURICE ICANN Editor JAMES A. CRON Advertising Manager Published daily except Sunday and holi- days by Motion Picture Daily, Inc., sub- sidiary of Quigley Publications, Inc., Martin Quigley, President; Colvin Brown, Vice-President and Treasurer. Publication Office: 1790 Broadway, New York. Telephone Circle 7-3100. Cable ad- dress "Quigpubco, New York." All con- tents copyrighted 1934 by Motion Picture Daily, Inc. Address all correspondence to the New York Office. Other Quigley pub- lications: MOTION PICTURE HERALD, BETTER THEATRES, THE MOTION PICTURE ALMANAC and THE CHI- CAGOAN. Hollywood Bureau: Postal Union Life Building, Vine and Yucca Streets, Victor M. Shapiro, Manager; Chicago. Bureau: 407 South Dearborn Street, Edwin S. Clif- ford, Manager; London Bureau: Remo House, 310 Regent St., London, W. 1, Bruce Allan, Representative. Cable address: "Quigpubco, London"; Berlin Bureau: Berlin - Tempelhof , Kaiserin - Augustastrasse 28, Joachim K. Ruteiiberg, Representative; Paris Bureau: 19, Rue de la Cour-des- Noues, Pierre Autre, Representative; Rome Bureau: Viale Gorizia, Vittorio Malpassuti, Representative; Sydney Bureau: 102 Sus- sex Street, Cliff Holt, Representative; Mex- ico City Bureau: Apartado 269, James Lockhart, Representative; Glasgow Bureau: 86 Dundrennan Road, G. Holmes, Repre- sentative; Budapest Bureau: 3, Kaplar-u, Budapest, II, Endre Hevesi, Representa- tive; Moscow Bureau: Civtzev Vrazhek, N. 25, Apart. 146, Moscow, U. S. S. R., Bella Kashin, Representative. Cable ad- dress: "Samrod, Moscow." Entered as second class matter, January 4, 1926, at the Post Office at New York City, N. Y., under Act of March 3, 1879. Subscription rates per year: $6 in the Americas, except Canada $15 and foreign $12. Single copies: 10 cents. Trade Loan Delays Scored by Giannini Washington, Oct. 29. — In a con- ference here today with Chairman Jesse Jones of the RFC, A. P. Giannini, of the Bank of America, National Ass'n., attacked the delay of the Federal Reserve banks in ap- proving applications for industrial loans. The banker discussed with Jones the formation of mortgage trust companies for relief of mortgage bond- holders in need of aid. Liens Against Schulbergs Hollywood, Oct. 29. — Federal in- come tax liens have been filed here against B. P. Schulberg and Mrs. Adeline J. Schulberg, agent. Schulberg is charged with owing the government $19,910 on his 1933 earn- ings and his wife with owing $24,240 for the same year. Kern Signed by Radio Hollywood, Oct. 29. — Jerome Kern has been signed by B. B. Kahane to write three songs for the screen ver- sion of "Roberta" for Radio. Kern, with Otto Harbach, did the book and lyrics for the production. Arthur Optimistic After Tour of West Amkino to Show "Lenin** Amkino will show "Three Songs About Lenin" to an invited group at the Paramount building Friday after- noon. Optimistic over business conditions, Harry C. Arthur of Fanchon & Marco returned yesterday from a three-week trip to St. Louis, Chi- cago, San Francisco and Los An- geles, declaring that "things are look- ing up." "There is a wave of optimism sweeping through the country," he said, "particularly in theatre circles." "Good pictures are doing the busi- ness," Arthur asserted, "despite rain- storms, snowstorms and blizzards. The apparent efforts by producers to make better pictures is evident and the re- sults are bearing fruit." Arthur points to "One Night of Love" as one example. He says this picture ran for 31 days in a St. Louis theatre seating 5,000, which is an all time record for that house. He also added that "The Gay Di- vorcee" and "Judge Priest" are cor- ralling grosses three and four times the normal business. First Division to Get Chicago Branch Chicago will most likely be the next spot First Division will set up its own exchanges. Harry H. Thomas, president, leaves for the Windy City Friday to look over the local situation and from there will tour other cities with a view to establishing the First Division trademark. The last exchange center at which the company set up its own selling force was Atlanta, when a deal was made with M. C. Howard, who is in charge. Fox's Wife Testifies Mrs. William Fox was a witness in Federal court here yesterday against Maurice Mannier, a chauffeur, who is on trial charged with demanding $50,000 of her under threat of kid- napping her grandchildren. Schenck to Coast Soon Nicholas M. Schenck, president of Loew's and M-G-M, plans to leave shortly for the coast on his annual visit to the studios. No date for his departure has been set. Albany Gets Vaudeville Albany, Oct. 29. — Vaudeville has been returned to Harmanus Bleecker Hall in an attempt to meet the com- petition of bulesque and vaudeville at Proctor's Troy week-ends. "Widow" at $39,219 For First 18 Days "The Merry Widow" garnered $39,219.25 in the first 18 days of its two-a-day run at the Astor. For the first four days the gross tallied $12,- 364.25; for the next seven, $15,347, and for the last week, ending Sunday night, the picture did $11,508. At the Rialto, "The Case of the Howling Dog" took in §15,500 for nine days. "The Last Gentleman," at the Rivoli, took in about $27,000 for the first week, and the second week, end- ing tomorrow night, is expected to wind up with about $17,500. "Have a Heart," at the Mayfair, garnered $11,500. "Divorcee," "Wiggs" Big in Cincinnati Cincinnati, Oct. 29. — "The Gay Divorcee" proved a box-office magnet at the RKO Albee last week, leading the town with an estimated §18,000, which is $2,000 ahead of "Mrs. Wiggs of the Cabbage Patch," immediately preceding. The Astaire-Rogers opus moves to the RKO Lyric for its sec- ond downtown week. "Mrs. Wiggs," incidentally, which moved to the RKO Grand follow- ing its week at the Albee, piled up approximately $4,500 in its second stanza, which is a record high for the Grand. Korngold Arrives Here Erich Wolfgang Korngold, Vien- nese composer, will arrive in New York today on the Majestic en route to Hollywood to arrange the music for "Midsummer Night's Dream." Ni- jinsky, Russian dancer, is due in this country in a few days to go to the coast to coach the dancers in this production. RKO Directors Meet A meeting of the board of directors of RKO Radio Pictures was held yesterday. Only "routine business" was transacted, according to a com- pany statement. J. R. McDonough, president of the picture company, who came east for the meeting, plans to return to Holly- wood tomorrow. Schiller at His Desk Col. E. A. Schiller, vice-president of Loew's, Inc., yesterday returned to his desk from a lengthy recuperation following his recent illness. Big Board Stocks Show Losses High Low Close Columbia Pictures, vtc 3454 3454 34J4 Consolidated Film Industries 35i 3A 3*A Consolidated Film Industries, pfd 15-54 1554 1554 Eastman Kodak 103M W3V2 10354 Eastman Kodak, pfd 14354 143J4 143J4 Fox Film "A" 1154 1134 Loew's, Inc 2954 2854 29 Paramount Publix, cts 454 4 45i Pathe Exchange 154 154 VA Pathe Exchange "A" 1254 1254 1254 RKO 2A VA 2 Warner Bros 454 4J4 VA Net Change - 54 - 54 +1 - 54 + 54 + A Paramount F. L. Bonds Advance 2 High Low Close Keith B. F. 6s '46 63 63 63 Loew's 6s '41, ww deb rights 103 WVA 102% Paramount Broadway 554s '51 4154 4154 4154 Paramount F. L. 6s '47 5754 5554 5754 Paramount Publix 554s '50 5754 56 5754 Warner Bros. 6s '39, wd 58 5754 5754 Net Change + 54 -154 +2 +154 - 54 Sales 100 200 700 100 2,000 600 2,600 2,700 300 100 1,500 1,100 Sales 1 4 1 51 110 20 Sees Films Changed Little by Campaigi Baltimore, Oct. 29.— Speaking heiJ today at the opening session of three-day film conference at the En] erson Hotel, Mrs. Robbins Gilma motion picture chairman of the N; tional Congress of Parent-Teach' Ass'n, declared there has been "n fundamental change in motion pictu: producers in spite of the concentre tion of agitation for better films." / a substitute for commercial film entet tainment for children, Mrs. Gilma, recommended that a recreational pn gram for the young be introduced. I "The objective of this new move ment," she said, "is welfare and n' profit. We want to take children recreation out of the hands of con< mercial money-makers and put it i the hands of professional recreation; leaders. Toward this end we holi that the power of boards of educatio should be extended to provide for d: rection and administration of chil dren's recreation. And we ask the every school board be equipped wu\ motion picture projectors to be use for instructive films to supplement th textbooks." Mrs. Gilman recommended the e> tension of the little theatre movemer in this country, with, special stress o. the production of children's plays. Short Silent About E. G. Levy's Charge (Continued from page 1) general counsel, that Dr. Short's or^ ganization had as its ultimate ot| jective the promotion of "widespread non-theatrical exhibitions" in competi tion with established theatres. Explaining that he had not yet see a copy of Levy's address containin the charge, Dr. Short said : "All know about it is what I have see: in the papers, and from that I wouln say that Levy is barking up the wroni tree." Levy's charges against the researcl council were made in a recent ad dress to the New Haven Better Film Council, copies of which were printe hibitor assessments came in toda from Allied Independent Theatres c Wisconsin, signed by R. A. Tesc) business manager. Explaining that tr organization represents approximate! 100 houses. Tesch attacked the scher ule on the ground that "although tr major part of the total assessmei will be collected from independent as witness the $30,000 from towns c< less than 25,000" they are given r, proportionate representation and tr.1 schedule is therefore discriminatory. Tesch suggested that assessment "be based on ratio of class represerJ tation on Code Authority until ins i; j tent demand for proper representatio by thousands of independent exhibitoi are acceded." The Leading Daily l^e^Sj^ife^ Moti I Picture Industry MOTION PICTURE DAILY OL. 36. NO. 103 NEW YORK, WEDNESDAY, OCTOBER 31, 1934 TEN CENTS Probe Is Up To Make-Up Of Congress Sinclair's Political Fate Also Factor By CLARENCE LINZ W ashington, Oct. 30. — A Congres- ional investigation of alleged propa- anda efforts in California by major tudio interests there, requested by Jpton Sinclair of Senator Walsh of lassachusetts and Representative atman of Texas, will depend upon ie temper of the new Congress which onvenes in January, it is believed i well informed political circles here. Defeat of Sinclair, it is pointed out, .ould do much to minimize the im- ortance of the subject, but his elec- ion, on the other hand, would put im in a position to make a strong emand for any such inquiry as he .as already asked. Whether the California situation s investigated or not, observers in (Continued on pane 18) Sinclair Probe Request follows Reporter Story "The open boasting" of an "industry rade paper" which cited Louis B. .layer, Charles C. Pettijohn, Irving rhalberg and Carey Wilson as having entered a war against me and are iding the Merriam campaign" on vhich Upton Sinclair based his re- uest to Washington for a Congres- ional probe of films appeared in Mon- day's The Hollyu'ood Reporter. Wilkerson Planning Trade Daily in N. Y. W. R. Wilkerson, publisher and edi- or of The Hollywood Reporter, yes- erday was reliably reported preparing o invade the New York trade paper ield with a daily. Hollywood, Oct. 30. — Asked to •omment on reports he would pub- ish a trade daily in New York, W. R. Wilkerson said today : "Nothing to it and no such inten- ions. I had the idea about a year igo, but it was kicked in the pants." Rumors Gain of Cut At Phila. First Runs Philadelphia, Oct. 30. — Follow- ng admission reductions by Warners it several Philadelphia neighborhood louses, which have suffered most from 'he depression, rumors are growing (Continued on page 18) Equity Council for Guild Move And Orders Agreement Drawn Up Affiliation of the Screen Actors' Guild with Actors' Equity Ass'n. was "heartily indorsed in spirit" by the Equity Council yesterday, according to a statement issued following the meet- ing. The council, however, directed its executives and legal staff to prepare a draft embodying the affiliation agreement which will be submitted to a second meeting of the council on Friday. This move is regarded as a formality occasioned by the importance of the affiliation and is expected to be ratified without objection. There were no dissenting voices at yesterday's meeting which was attended by more than 25 council members. Theatre Seat Range Up to 1,000 Urged Theatres of 1,000 seats are better than larger types and two smaller theatres in a densely populated neigh- borhood are better than one large one, declared Ben Schlanger yesterday at the second day's sessions of the S.M.P.E. Schlanger, New York theatre archi- tect and a steady contributor to Bet- ter Theatres, a Quigley publication, was discussing the general subject of "Proposed Architectural, Acoustic and Optical Standards in Motion Pic- ture Design." One-sixth of the theatres of the country have half the seating capacity, (Continued on page 6) Warner Has Narrow Escape from Motor Hot Springs, W. Va., Oct. 30. — Albert L. Warner, who is here re- cuperating from a tonsil operation, was nearly killed recently by an auto- mobile which almost ran him down during a snowstorm, it was learned today. Warner was bucking a heavy (Continued on page 6) Leo Reported Set for Head Of Tri-Ergon Jack G. Leo, brother-in-law of Wil- liam Fox, will be elected president of American Tri-Ergon, succeeding Fox, it is reliably reported. The election will be held shortly, it is understood. Efforts to confirm the report at the local American Tri-Ergon office were unsuccessful yesterday. It was stated no information would be given out. It is understood Leo will have charge of 26 offices planned through- out the country for the purpose of collecting anticipated assessments on theatres to be licensed under American Tri-Ergon patents. It, is also reported that, in arriving at license fees, the (Continued on page 6) Drama, Music Best In Britain — Balcon London, Oct. 30. — Michael Balcon, production general for Gaumont Brit- ish just returned from the States, sees England's forte in the field of serious drama and musicals. "I think British producers have demonstrated their ability already (Continued on page 6) Rule Transfer Illegal, But Board Aids Theatre Finding an exhibitor guilty of ille- gally transferring a theatre from one corporation to another to avoid con- tracts and at the same time recom- mending leniency by distributors in adjusting contracts is something new in local circles as far as the New York grievance board is concerned. After listening to Morris Feldman tell how he transferred the De Luxe in Newark from the DeLuxe Theatre Corp. to Ralph Feldman, his son, be- cause some of the distributors would not reduce rentals, thereby making it impossible for him to operate on (Continued on page 16) Para. Delays On New Setup Annoy Court Coxe Impatient, But He Grants Postponement Impatience over the inability of creditors and others to complete a plan of reorganization for Paramount Pub- lix was indicated yesterday by Federal Judge Alfred C. Coxe at an informal hearing in chambers which revealed, at least, that the so-called Kuhn, Loeb plan, although still incomplete, is the only one in existence which has the continued support of those who repre- sent a majority, in number and amount, of valid claims against the company. Yesterday's hearing before Judge Coxe was on a request by Morton G. Bogue, counsel for a group of 12 creditor banks whose claims against Paramount aggregate $13,600,000, for v postponement of action in connection with the Paramount trustees' effort to examine officers of the creditor banks in advance of trial of a suit to set aside their claims as preferential. Over the objections of Arthur A. Ballantine, of counsel for the trustees, Judge Coxe granted a postponement of the action until Nov. 14, after repre- sentatives of the principal Paramount (Continued on page 6) Mississippi Tax Is Ruinous, Kuykendall Jackson, Miss., Oct. 30. — Speaking here today at the convention of the Independent M. P. Theatre Owners of Mississippi, Ed Kuykendall, head of the M.P.T.O.A., said that the state theatre tax was prohibitive and means death to many houses. Managers will pay their share of government costs, he continued, but they don't want dis- crimination in special taxes and they do want their sales tax category as it prevails in other businesses. About 75 per cent of the members of the organization attended the ses- sion and all acclaimed Kuykendall (Continued on page 6) Para. Will Ignore Cummings' Frowns Hollywood, Oct. 30. — Paramount is going ahead with its Federal Se- cret Service film in spite of the ruling of Attorney General Cummings that the department will give no coopera- tion. The story, to be called "Federal Dick," is being rushed. George Raft and Cary Grant are mentioned for leads. MOTION PICTURE DAILY Wednesday. October 31, 1934 MOTION PICTURE DAILY (Registered U. S. Patent Office) Vol. 36 October 31, 1934 No. 103 Martin Quigley Editor-in-Chief and Publisher MAURICE KANN Editor JAMES A. CRON Advertising Manager XSZ. Published daily except Sunday and holi- days by Motion Picture Daily, Inc., sub- sidiary of Quigley Publications, Inc., Martin Quigley, President; Colvin Brown, Vice-President and Treasurer. Publication Office: 1790 Broadway, New York. Telephone Circle 7-3100. Cable ad- dress "Quigpubco, New York." All con- tents copyrighted 1934 by Motion Picture Daily, Inc. Address all correspondence to the New York Office. Other Quigley pub- lications: MOTION PICTURE HERALD, BETTER THEATRES, THE MOTION PICTURE ALMANAC and THE CHI- CAGOAN. Hollywood Bureau: Postal Union Life Building, Vine and Yucca Streets, Victor M. Shapiro, Manager; Chicago Bureau: 407 South Dearborn Street, Edwin S. Clif- ford, Manager; London Bureau: Remo House, 310 Regent St., London, W. 1, Bruce Allan, Representative. Cable address: "Quigpubco, London"; Berlin Bureau: Berlin - Tempelhof, Kaiserin - Augustastrasse 28, Joachim K. Rutenberg, Representative; Paris Bureau: 19, Rue de la Cour-des- Noues, Pierre Autre, Representative; Rome Bureau: Viale Gorizia, Vittorio Malpassuti, Representative; Sydney Bureau: 102 Sus- sex Street, Cliff Holt, Representative; Mex- ico City Bureau : Apartado 269, James Lockhart, Representative; Glasgow Bureau: 86 Dundrennan Road, G. Holmes, Repre- sentative; Budapest Bureau: 3, Kaplar-u, Budapest, II, Endre Hevesi, Representa- tive; Moscow Bureau: Civtzev Vrazhek, N. 25, Apart 146, Moscow, U. S. S. R., Bella Kashin, Representative. Cable ad- dress: "Samrod, Moscow." Entered as second class matter, January 4, 1926, at the Post Office at New York City, N. Y., under Act of March 3, 1879. Subscription rates per year: $6 in the Americas, except Canada $15 and foreign $12. Single copies: 10 cents. Dyers9 Strike Hits Paterson Theatres Paterson, Oct. 30.— With 20,000 silk dye workers out on strike, ex- hibitors are showing some concern in Passaic Valley. In the recent textile strike, the dyers remained at work, while the silk workers were out. Because of the small number of silk workers in Pat erson compared with the number of dyers, little concern was felt. The dyeing industry here represents 85 per cent of the city's industry. Dyers want a thirty-hour week and $1 an hour. Motion picture operators want no strike, filled-up theatres. William Fox to Court William Fox was subpoenaed yester day to testify as a defense witness in the suit in which William Mannier, former Fox chauffeur, is alleged to have attempted to extort $50,000 from Mrs. Fox. Mannier is on trial before Judge G. Galston and a jury in the Brooklyn Federal Court. Holmes in New Post Andrew E. Holmes has been ap pointed vice-president of Donahue & Coe and will take up his new duties immediately. For the past 12 years Holmes has been with the Philadelphia and local offices of N. W. Ayer & Son, Inc., as an executive. Eastman Sells Some Of Silver to Gov't Rochester, Oct. 30. — Eastman Kodak today sold a portion of its 10,000,000 ounces of silver essential in the making of film to the government. The amount involved was not dis- closed. The purchase was made under the silver recapture order whereby all silver with certain exceptions was to be turned over to the government. Commenting on the sale, a U. S. Treasury spokesman said : "At the time the order was issued, there was some question as to the status not only of film and camera manufacturing companies but as to motion picture concerns as well for the reason that silver is essential in the conduct of their business. As a matter of fact, these companies are merely complying with the executive order directing silver to be turned over to the government just as was done with gold earlier in this administra- tion." A Kodak official pointed out that it should be remembered that the com- pany's holdings of silver were not for speculative purposes but solely as in- dispensable raw material used in its manufacturing operations. "There- fore," he said, "any silver that is sold to the government will eventually have to be replaced by the purchase from available sources of a supply at gradu- ally increased prices." Warnerites Hold Dance Several hundred Warner home of- fice and exchange employes gathered in the grand ballroom of the Hotel Commodore last night for their Hal- lowe'en dance. The party began at 8 o'clock and lasted until the early morning hours. Warner on Club Board Harry M. Warner, head of War- ners, was elected a director of the M. P. Club yesterday, while Louis K. Sidney of the Capitol was named chairman of the jyitertainment com- mittee. Discuss Charity Drive Various leaders in the industry met at the M. P. Club yesterday to discuss plans for the Federation of Jewish Charities drive. Morrison Sees Good Season in Prospect "While there is no tremendous im- provement noticeable now, all indi- cations point to a splendid season ahead," Ernest Morrison, division manager for Paramount Enterprises, Inc., and Sparks East Coast circuit, stated yesterday. "All indices point to a good sea- son, but there is nothing in the cur- rent condition to reflect this," he said. "There is little repairing going on. Within the last year 236 new resi- dential houses were built in Miami Beach, which is a good sign for future business. Real estate is perk- ing up," he stated. He has 16 houses under his supervision. Morrison, who is here with Fred Kent, attorney for Paramount Enter- prises and Sparks East Coast, leaves today for his headquarters in the Olympia Theatre Bldg., in Miami. Richmond Business Fair Charles Somma, operating the Blue- bird, Petersburg, Va., and A. Frank O'Brien, division manager for Wil- mer & Vincent in Richmond, asserted yesterday business in the territory is fair, but better than last year. All 17 theatres in Richmond are operating except for the Lyric, a legitimate house. Giveaways are rare in this terri- tory, both theatre men held, declaring that every once in a while someone adopts the practice for a day or so. "U" Buys 'Flash Gordon* Universal has bought screen rights to the comic strip "Flash Gordon" and will use it for a serial. King Feature Syndicate controls the news- paper rights. It appears every Sunday in all Hearst papers. Alexander Ray- mond of New Rochelle is the artist Take Over the Aurora Harry Harris and G. Morrow, op- erators of a number of New York houses, have taken over the Aurora on Amsterdam Ave. and have installed RCA High Fidelity sound. May fair Books "Galante" Walter Reade has booked "Marie Galante" into the Mayfair, starting in two weeks. Columbia Up Quarter on Big Board Net High Low Close Change Sales 34/2 3454 34>/2 VA + 54 200 35S 354 400 1554 15*4 155* + 54 200 104 103Ji 103}4 - 54 400 14354 14354 14354 + 54 12,000 1254 1254 1254 + a 100 2954 2m 28& - $4 1,000 454 VA VA 1,400 154 \% M + A 700 13 13 13 + H 100 VA VA - 54 100 444 - Y% 1,200 Trans Lux Shows Gain on Curb High Low Close Technicolor 1254 1254 1254 Trans Lux 2Vt 2 254 Net Change + A Sales 100 1,800 Warner Bonds Gain One-Quarter Net General Theatre Equipment 6s '40 General Theatre Equipment 6s '40, ctf Keith B. F. 6s '46 Loew's 6s '41, ww deb rights 1 Paramount Broadway 554s '51 4154 Paramount F. L, 6s '47 57J4 Paramount Publix 554s '50 S7}£ Warner Bros. 6s '39, wd 58 High Low Close 654 Change Sales 10 55I 554 —1 20 63$ 6354 6354 + 54 1 10354 102*4 10354 + *4 2 4154 4154 4154 - 54 5 57& 5754 5754 + 54 16 S7X 5754 57*4 22 58 58 58 + 54 1 < Purely Personal ► COUNTESS ALEXANDR-- TOLSTOY, daughter of Coun Tolstoy, attended a special showin; of "We Live Again" yesterday at th Middlesex Theatre, Middletown, Conr The picture is adapted from hej father's book, "Resurrection." Peggy Conklin leaves the coas for New York this week to plaj opposite Leslie Howard in Gilbert Miller's production of "Petrifiei Forest" on Broadway. Joe Hummel, general foreign sale manager of Warners, returned yester day from Mexico City after installini Arthur Abeles as manager of th Mexiaan branch. Nick Kenny, radio columnist, wa master of ceremonies marking th special charity preview of "Transatlan tic Merry-Gc-Round" at the Rivoli midnight. Paul Ash has acquired a cane He was spotted yesterday walkin down Broadway with Zac Friedma*> managing director of the Fox, Brook lyn. Lorraine Foster, singer of hil billy songs over the radio, who is soo to do a series of musical shorts, sing over WJZ tomorrow in "Kansady." Don Mersereau, general manage of The Film Daily, leaves for Holly wood by air Friday. It will be hi first trip west and a short one. Ben Blumenthal, back fror Paris, lunched with Richard Rowland first and Charlie Pain next at the Tavern yesterday. Budd Rogers, general sales man ager for Liberty, leaves for Alban; and Buffalo tonight on a short trip He will go west later. Mervyn and Mrs. LeRoy have ar rived in town from the coast on a visi J to Mrs. LeRoy's parents, Harry M and Mrs. Warner. Nijinskaia, sister of the dancei.'l Nijinsky, is en route to Hollywooc to appear in Warner's "A Midsummei 1 Night's Dream." Erich Wolfgang Korngold, Vien > nese composer, is Hollywood bound tc>| work on the music for "A Midsummei I Night's Dream." Helen Hayes left for the coast yesjl terday after a brief vacation here. Hei next picture for M-G-M is "Vanessa.' Dizzy and Daffy Dean, at th<" Roxy this week, were interviewed las night at 8 o'clock over station WOR Anna Sten arrives in town todaj to attend the opening of "We Livf Again" at the Music Hall tomorrow Nick Lukas has replaced Donali : Novis, who is ill, on the Capito! stage for the rest of this week. John B., better known as Jack Lewis, left for the coast last night. That's final. Also definite. Joe Rosenthal of Consolidated Theatres, Canada, has returned frorr Montreal. George Browne, I.A.T.S.E. presi-, dent, returned from the coast by plane Monday. J James R. Grainger is due back from the coast in a few days now. L. J. Schlaifer of Gaumont British is in Boston and returns today. It's give and take with no holds barred as this madhouse sextette takes ie field for a workout prior to the big game. Reading from right to left, ley're Lyda Roberti, the Bench-Warmer, blonde, beautiful and bughouse .... oe Penner, The Draw-Back, with a Duckskin tucked under his heart .... Mary rian, who ought to know better than to be seen in this company .... ack Oakie, the screen writer's ideal of what a football hero should be like nd isn't .... Helen Mack, a co-ed what's a co-ed ... . and Lanny Ross /ho once was Yale's 440 Champ but learned better! And they're all in COLLEGE RHYTHM' OE PENNER • LANNY ROSS • JACK OAKIE • HELEN MACK YDA ROBERTI -MARY BRIAN • GEORGE BARBIER and the All-American Co-Eds Paramount Picture directed by Norman Taurog with plenty of words and lots of music by Gordon & Revel GREAT NEWS! YOU SEE IT AT If POPULAR PRICES WHILE IT'S THE RAGE OF BROADWAY AT $2 00 O / ^^^^ ; , ★ ★★★ THE N. Y. DAILY NEWS GAVE IT 4 STARS 4 THE BEST IN PICTURES! - ¥1, lilllli till ml pi Ml H lllf c/f Metro - Goldwyn - Mayer Picture Starring €H£VALI£R Mac DONALD ovn. fRNCT 1UBIT5CH •ft* EDWARD EVERETT HORTON • UNA MERKEL GEORGE BARBIER « MINNA OQAIHm TYPICAL NEWSPAPER ADS FROM SHOWMANSI CAMPAIGN! $2 WORTH! Gayly the Worlds Biggest Musical Film Starts Nationwide on its Sensational Popular Price Career! The industry's One and Only $2 attraction, now in its 3rd merry week at the famed Astor, N. Y. playing twice daily* THEY KISSED AT GAY MAXIM'S and she thought he wanted only her millions! Music... haunting and seductive! Gypsy violins sobbing a melody of love! The Girls from Maxim's! Paris! Gay if. 1^^^ Vienna! Hundreds of ballet beauties! A Symphony Or- chestra of 100 pieces! 485 in the cast! A '4/ 1 LOVE SONGS YOU'LL ADORE : 'The Merry Widow Waltz" "Maxims" ** Melody in Maytime" 11 MOTION PICTURE DAILY Wednesday, October 31, II Para. Delays On New Setup Annoy Court {Continued from page 1) creditor and claimant groups joined with Bogue in the request for an ad- journment. It was urged by represen- tatives of the bondholders' committee, of which Frank A. Vanderlip is chair- man, and of the stockholders' commit- tee, of which Duncan A. Holmes is :hairman,that a reorganization of Para- mount would be delayed if the trustees were permitted to proceed with their examination of the bank officers at this time. It was made clear that a settlement of the bank group's claim has been agreed upon by the banks and the lead- ing factors in the Paramount reorgan- ization and that the settlement has been made a part of the Kuhn, Loeb plan of reorganization. The settle- ment, however, cannot be made effec- tive until the Kuhn, Loeb plan has been completed. Thus the trustees' action against the banks will stand until the reorganization plan for Para- mount has been accepted by the court. Judge Coxe, reflecting some im- patience over the delay in submitting a plan for Paramount, stated that he wanted to know "by what time the Kuhn, Loeb plan or other plans could be presented." "It seems," Judge Coxe said, "that for the past year a plan has been 'just around the corner'." Say They Have Plan Ready Malcolm Sumner, understood to rep- resent holders of 14 Paramount bonds, told the court that he and E. L. Gar- vin, also representing bondholders, had a plan in readiness which they could submit "tomorrow." "Whom do you represent?" Judge Coxe asked. "I speak for our creditors and all other unrepresented creditors in this situation," Sumner replied. "But without credentials," the court responded. Judge Coxe advised Sumner that he "could not even submit a plan" with- out a creditor representation prescribed by the statutes behind it. Sumner said he disagreed on this interpretation of the law, whereupon the court declared that even if he were permitted by law to submit a plan, Sumner could expect no consideration for it from the court if it did not have the support of the prescribed amount and number of valid claims. The attorney stated later that he disagreed with this viewpoint, also, and contended that if his plan was more equitable than any other sub- mitted the court would be obligated to instruct the creditors to accept it. Neither the court nor representa- tives of any of the large creditor groups displayed interest in the Sum- ner-Garvin offer to submit their plan. Para. Obtains First Stratosphere Films First films of a stratosphere flight were obtained by Paramount newsreel with the help of the Picards. Mrs. Picard did the camera work, and Paramount says the resulting films are satisfactory in spite of the acci- dental landing in a treetop in Ohio. Holdovers Los Angeles, Oct. 30.— Fol- lowing in tne tootsieps of "Yvonuer Bar," "Dames" and "liere Comes the XNavy" are the only pictures tnat have held up tor tnree weeks at Warners' Hollywood. "Tne Gay Divorcee," one of RKu's big fall noises, is be- ing held tor a third week at tne iiillstreet. Drama, Music Best In Britain — Balcon {Conttnued from page 1) insofar as straight drama is concerned and that their progress in this direc- tion will continue to be marked in the mture," he told Motion Picture JJAILY. "Where musicals are concerned, the record of British producers stands on its own. It is true, of course, that we nave not gone in so much for lines of chorus girls as much as we have for tne tying on of musical effects with the action, but our general leaning nere happens to swing in the latter direction on the theory this is what a musical properly should be." Jersey Allied Talks About Coming Dance Committee reports on entertainment for an attair to be held in the middle of .November, the tying in of shorts with features and the local buying situation were discussed yesterday by members of Allied of New Jersey. A committee of four to review fea- tures for the general membership will be appointed shortly. Omaha Has 3 Weddings Omaha, Oct. 30. — Three marriages were recorded in one week on Film Row. Paramount exchange led the list with two when Johnny Harms, a poster clerk, married Edna East, and Gladys Waterhouse of the inspection department married a former Para- mount employ, Clarence Pullman. At M-G-M, Anne Zwieback, secretary to Branch Manager H. J. Shumow, mar- ried Art Grossman. Hamrick Renovating Tacoma, Oct. 30. — In line with his policy of modernizing all of his houses in Oregon and Washington, John Hamrick has let a contract for re- modelling his Blue Mouse. B. F. Shearer Equipment Co. will renovate and furnish new equipment at a cost of §5,000. Passaic Stops Shows Passaic, Oct. 30. — City commis- sioners have put a stop to weekly showings of German pictures here in an unlicensed building. Pictures had been going on for four weeks before the building inspector discovered that the building did not come up to the- atre standards. End Milwaukee Dispute Milwaukee, Oct. 30. — A dispute between the operators' union and the Park, operated by Manning Silverman, which had been hanging fire since May, 1934, was ironed out by the local labor committee at its first meeting here. Theatre Seat Range Up to 1,000 Urged {Continued from page 1) he said. Most of the big ones were designed for the purpose of crowding in as many seats as possible, regardless of how well spectators could see the screen, and it is a continual fight with overhead charges to support the stage productions these houses require, he asserted. "If the number of seats poorly adapted for vision requirements were deducted from the sum total of seat- ing," he continued, "it would be found that there is more nearly a condition of lack of seating capacity than that of over-seating." He advocated a study of theatre standards to determine whether the present width of film is adequate. In this respect he said the addition of five millimeters in film width would give the picture a better shape and improve vision. Walks to seats could be cut to a minimum, in his opinion. Further study should be made of tolerable angles of vision, he insisted, and no patron should be forced to watch a picture between the heads of those in front of him. Continuing the discussion of the same subject, S. K. Wolf of Erpi said the ideal shape for a theatre was pro- portionately 2x3x5, height, width and length, respectively. Square theatres are acceptable but not desirable, he said, and shooting galleries, or long theatres, should be avoided. He also made these points: The Question of Curves Pronounced, unbroken curved sur- faces should be avoided. In theatres where there are deep stages, there should be as much space behind the reproducer as between the reproducer and the front row. On very deep stages a cyclorama of velour should be hung behind the reproducer. Ex- ternal noises should be guarded against and lobbies should be as far from the screen as possible. Seat ab- sorption should also be studied. Describing the problem of the en- gineer as one of "creating the illu- sion of reality," Dr. Alfred N. Gold- smith included among problems facing engineers the improvement of film stock, reduction of the number of lenses, improvements in blimp cameras, control boards for lighting sets, and enhancement of screen illu- mination. F. H. Richardson, projection spe- cialist of Motion Picture Herald, dis- cussing the subject "The Need for Uniform Density in Variable Density Sound Tracks," declared it was im- possible at present for one-man pro- jection booths to adjust sound ap- paratus for compensations in tone due to varying densities of sound track. Proper volume level must be provided so that little or no change of fader positions will be needed, he asserted. Other subjects discussed at the morning session of the four-day convention at the Pennsylvania yes- terday were : "Piezoelectric Loud Speakers," A. L. Williams ; "Sound Waves and Their Sources," a film provided by Erpi; "Performance and Use of Wave Filters, and a Mechanical Demonstration of Their Leo Reported Set for Heac Of Tri-Ergo] (Continued from page 1) plans employed by Erpi and RCA \ be used as models in addition to schedule by A.S.C.A.P. The abi of a theatre to pay according to gr income will be considered, it \ learned. Reports persist that RCA and Ei have made overtures to Fox to both patents, but that he has turner deaf ear to all offers. Just how soon the proposed Ami ican Tri-Ergon branches would opened could not be learned. Mississippi Tax Is Ruinous, Kuykendal (Continued from page 1) when he said that he was willing assist any organization in cleaning pictures. All the present officers were elected. New Orleans, Oct. 30. — Exhibit from this city who planned to att the convention of the Independ M. P. Theatre Owners at Jacks Miss., canceled their plans at the ! moment, probably due to the injury H. S. McLeod, president of the C States Theatre Owners, received w he hurt his leg in his theatre. Warner Has Narroui Escape from Mot a {Continued from page 1) wind and snow flurry, protecting lj eyes with his arm as he was crossij a road, but fortunately an oncomi automobile approaching Warner, w| could not see, stopped in time. Warner plans to leave for Nd York in the next few days. Goldstein Joins Rex Jack Goldstein has been named sal manager for Rex Premiums, Inc., su sidiary of Progressive Poster Servic The company will handle Ebony aij silver ware. Characteristics," C. E. Lane; "Con parative Merits of 16mm Sound 1 Optical Reduction and Re-Recording C. N. Batsel and L. T. Sachtleben. Afternoon topics, in addition to tJ papers on theatre design presented 1 Schlanger and Wolf, were: "Poss bilities of Engineering Developmen in the Motion Picture Industry-," Gol smith; report of the projection pra tice committee, H. Rubin; report projection screen, committee, J. . Kurlander ; "Possible Improvemen in the Changeover System," op( forum; "The Non-Rorating High L tensity D.C. Arc for Projection," D. Joy and E. R. Geib; "The Stablear Unitwin Motor Generator for the Not Rotating High Intensity D.C. Arc I. Samuels; "Electronic Tube Coi trol for Theatre Lighting," J. R. Mat heimer and T. H. Joseph ; "Luminoi Fronts for Theatres," C. M. Cutle Pictures were shown at the evenin session. The convention will continue throug today and tomorrow and will close tc morrow night with a banquet SIDNEY R. KENT GOES ON RECORD "The White Parade" is the finest motion picture ever made by Jesse L. Lasky, surpassing even the greatest hits of his great career. It is a woman's picture that also appeals to men. It has more than tears and heart-throbs and laughter — it has a soul. There is no limit to its profits for the showman who will get behind it. Fox Film Corporation EVERY REVIEWER JOINS jTl the be* PlC- interest" as the »e«S Set around-" VoriehpDaily: Scp^ a decided hit. evincing in tears rand laughter." PARADE OF PRAISE! * hl*tnan tuSattheh ' ' ' WJe heart." r JESSE L. LtVSKY Product! The greatest hit of this great producer's career. LORETTA YOUNG JOHN BOLES Directed by Irving Cummings Screen play by Sonya Levien and Ernest Pascal From the novel by Rian James Adaptation by Rian James and Jesse Lasky, Jr, The Book That Rocke te World With Laughter .NOW ON THE SCREEN! Don't be incredulous; don't be surprised; don't be SHOCKED at ANYTHING you see in this, the screen scream of the century!... IT'S ALL IN FUN!... Statues come to life!... Folks are turned to stone {...Broadway's hot spots are turned upside down by a bunch of sports who really know how to go places and do things!... IT'S A COMEDY CLEANUP! f SHERMAN'S Uproarious Production of THORNE SMITH'S Riotous Novel I I A Picture mad w ho 1 ove d" "ANNE OF Gi L. M. MONTGOMERY'S with ANNE SH TOM BROWN O. P. THANKSGIVING (IN RKO - RADIO PICTURE Directed by GEORGE NICHOLLS, Jr. Book published by L. C. Page & Co., Inc. or the millions ttle Women" nothing else but find him guilty. Loui Nizer, attorney for distributors, in sisted that the board hand down i decision, but stated he would do al in his power to help him get reduc tions. Milton Kusell of Paramount an< Harry H. Thomas of First Division in executive session, stated they wouli help Feldman out and George F Thompson, impartial member, volun teered to talk to Columbia and RK( for the exhibitor. Ben Roman of the Renaissanc complained of Vitagraph forcin; shorts, but the board dismissed th case when it was revealed that th contracts in question were signe Nov. 25, 1933, and approved Dec. 't five days before the code was pu into effect. The board ruled it ha no jurisdiction. The overbuying complaint of th Liberty, Freehold, N. J., against Wal ter Reade was ' postponed two week; Harry Suchman, attorney for the Lit erty, and Leo Justin are trying t adjust the product situation. Haines-Rogoff Hear Four Appeal Case Four appeal cases were heard ye; terday by Roy Haines and Edwar Rogoff. Because W. C. Michel, fir; vice-president of Fox, and alternat for S. R. Kent, was unexpected! called to court, no Campi membe heard the cases. Tower Theatre, Inc., of Miam against Paramount Enterprises, Inc Coral Gables, and Paramount an Rosetta in Miami on bank night Fred Kent, attorney, and Leonar Morrison, division manager for Pari mount, defended the company. Th plaintiff was not on hand. Charles Somma, Bluebird, Peter; burg, Va., against Loew's and Wilmc & Vincent houses in Richmond o clearance and zoning. Walter Vincei and A. Frank O'Brien represented tr defendants, while Somma appeared o his own behalf. A. E. Lichtman, Booker T Theatr< Richmond, against Loew's and Wilmf & Vincent on clearance and zoning. J. W. Cleveland, Takoma, Was! ington, D. C, against Seco, Silvt Springs, Md. The local board grante the plaintiff seven days' clearance ove the respondent. Cleveland appeare for himself while Samuel L. Boyd af peared for Seco. Freeport Buying Hit Century circuit is defendant in a overbuying complaint filed yesterda for the Cameo, Freeport, L. I., b Weisman, Quinn, Allen & Spett. Tl( complainant contends that the Grov and Freeport have bought all first ar second runs in the town, leaving th; Cameo without an available pictur Schenck Delays Return London, Oct. 30. — The return < Joseph M. Schenck to America h;; been postponed to later this week. DAVID LOEW spends upward of $12,000,000 annually for film. He reads MOTION PICTURE DAILY The Industry Buying Power Reads MOTION PICTURE DAILY MOTION PICTURE DAILY Looking 'Em Over "The First World War" {Fox) The world's film libraries, known and hitherto unknown, passed through the editorial hands of Laurence Stallings to sum up the results obtained in "The First World War." It is an excellent job of its kind, intensified by the cryptic but effective narrative of Pedro de Cordoba. Epoch-making events in the light of the backwash of the Great War here parade themselves in authentic newsreel shots, climaxed by the clips themselves and dramatized as no Hollywood studio could do it by the inherent drama of the incidents. The story of preparation for the conflict, as seen through the camera's eye traveling through many countries, is told through a sort of prelude and terrific, awe-shaking war shots concentrated into one grand melee of carnage with no particular attention fastened on the combatants of any nation. "The First World War," as impressive and as unrelieved as it is, thus becomes a dubious quantity as straight entertainment goes. Rather, it is a serious, thought-provoking document of how nations and men can so quickly shed their veneer of civilization on the twin altars of political and economic gain. The picture will require extensive and intensive exploitation to get it by these continued depressed times. Deserving of a break becauses it rates, "The First World War" becomes a questionable grosser. Production Code Seal No. 040. Running time, 72 minutes. KANN MOTION PICTURE DAILY* HOLLYWOOD PREVIEW "Limehouse Blues" (Paramount) Hollywood, Oct. 30. — London's unknown purple, sector of vivid excitement, here is revealed on canvas not so colorful, although fairly interesting. George Raft, half white, half Chinese, from America's underworld, takes control of Limehouse by bumping off Montagu Love, former head man, in Oriental style. Raft's love life conflicts between Anna May Wong, who loves him, and Jean Parker, an alley denizen whom he loves. Miss Parker, however, loves Kent Taylor, whom Raft puts on the spot. Realizing her affection for Taylor, Raft rushes to save him, sacrificing his own life before police guns. He gives an undistinguished performance. Miss Parker and Taylor have played better roles. Miss Wong, although beautiful, is given little emotional opportunity and all the other players perform adequately but none stand out. Alexander Hall's direction, usually original and dis- tinctive, seems hampered here by convenient situations and uninspired dialogue. The story is an original by Arthur Phillips with the screen play by the author and Cyril Hume. Harry Fishbeck's photography is fine. The production has eye value with a certain glamour. Where melo- drama is relished this should rate okay. In other spots it assays only a fair attraction. Production Code Seal No. 300. Running time, 65 minutes. "The St. Louis Kid," which opens at the Strand this morning, was reviewed by wire from Hollywood on Oct. 9 tinder its former title, "Perfect Week- End." "Transatlantic Merry-Go-Round," this morning's opener at tlie Rivoli, was covered by Hollywood wire on Oct. 5. "We Live Again," tomorrow's occupant at the Music Hall, was reviewed from Hollywood on Sept. 24. "Kansas City Princess," which debuts at the Roxy Friday, was also reviewed from the coast by wire on Aug. 7. 18 Probe Is Up To Make-Up Of Congress {Continued from page 1) Washington believe that films will bulk more largely in Congressional activities in 1935 than they did last season. Demands for restrictive leg- islation are expected to be made by various religious bodies which last surrfmer launched their campaign against indecent films. Independents are expected to continue their agita- tion for the elimination of block book- ing. The industry, however, is seen in a better position to resist adverse action due largely to its voluntary clean-up campaign and concessions made in block booking through greater liber- ality in the cancellation clause pre- rogatives under the NRA code. The make-up of Congress will de- termine whether pictures are to be a subject of investigation. If next month's elections send representatives of pronounced radical character to Washington, it is anticipated the in- dustry will be made the butt of con- siderable publicity-bringing agitation. Fight on Sinclair Praised by Editor Kansas City, Oct. 30.— The in- dustry has sufficient reason for seeking the defeat of Upton Sinclair in his campaign for governor of California, declares the Kansas City Journal-Post. "Upton Sinclair complains that the motion picture industry has entered a war against his candidacy for gover- nor of California," the paper says in an editorial. "If we have read the news aright, it was Mr. Sinclair who started the war, not only against the motion picture in- dustry but against all business, which means also against all employes of business. "There are some things about the movies that we don't like, but we are with them 100 per cent in their efforts to prevent Mr. Sinclair from making California an economic wilderness. "If the movies are successful in de- feating Mr. Sinclair, we'll feel like forgiving them for all their short- comings." Rumors Gain of Cut At Phila. First Runs {Continued front page 1) that slashes will be made at some first runs, with the top cut from 65 to 55 cents. There are rumors also of policy changes, with the possibility that the Stanton will be renovated and S. L. (Roxy) Rothafel may operate the Mastbaum under Warners. Felix Feist to Hawaii San Francisco, Oct. 30.— Felix F. Feist, general sales manager of M-G-M, arrived tonight from Holly- wood and New York en route to Honolulu for a short vacation. Pathe Directors Meet The regular meeting of the board of Pathe Exchange, Inc., was held yes- terday. Only routine business was transacted, according to the company. Cremation for Tellegen Lou Tellegen, who died a suicide in Hollywood Monday, will be cre- mated on the coast following a Ma- sonic funeral. Instructions to this effect were wired west yesterday by his fourth wife, Eva Casanova, who said she was complying with the act- or's wishes. Astaire Set for 7 Years Hollywood, Oct. 30. — Radio has signed Fred Astaire to a seven-year contract for his exclusive services. Termer to Chester Hale Hollywood, Oct. 30.— Chester Hale has been signed by M-G-M to a new long term contract as dance director. V/edwtday, October 31, 19:1 "Divorcee" $9,000 Indianapolis Lea Indianapolis, Oct 30.— "The G< Divorcee" was outstanding in a d'j week. It reached $9,000 at the Ii diana, over the line by $2,000. "Judge Priest" finished its fouri week with $2,000, under par by $50 at the Apollo. "Kansas City Princess at the Lyric, pulled a good $7,500. Total first run business was $26,00 Average is $25,000. Estimated takings for the week en' ing Oct. 27: "JUDGE PRIEST" (Fax) APOLLO— (1,171), 25c-40c, 4th wee- Gross: $2,000. (Average, $2,500) "A LOST LADY" (Warners) CIRCLE— (2,638), 25c-40c, 7 days. Gros^ $3,500. (Average, $4,000) "THE GAY DIVORCEE" (Radio) INDIANA— (3,133), 25c-40c, 7 days. GtW $9,000. (Average, $7,000) "KANSAS CITY PRINCESS" (Warners LYRIC— (1,896), 25c-40c, 7 days. Vaud ville. Gross: $7,500. (Average, $7,000) "WHAT EVERY WOMAN KNOWS" (M-G-M) PALACE— (2,431), 25c-40c, 7 days. Gros $4,000. (Average, $4,500) Mrs. Gilman Asserts Films Promote Crim Baltimore, Oct. 30.— Films wef attacked as an incentive to crime h Mrs. Robbins Gilman, motion pictu: chairman of the National Congre of Parent-Teacher Ass'n., in an a( dress today at the three-day film coi ference at the Emerson Hotel here "I have no doubt," she declare "that much of the kidnapping, trur: murders and other such crimes conl mitted in this country are due to til stimulus given to feeble minds by tl motion pictures." Mrs. Gilman also charged that "tl American film definitely undermin< confidence in American womanhoo is a grave war menace and decided: lowers the prestige of the white ra( among the people of other races." In an attack on Will Hays, Mr Gilman said he could "no longer hie behind the skirts of the women clubs," which, she asserted, had "pr<" tected him long enough." She urg( support of proposed Federal legisl; tion providing for a government com mission to regulate industry practic and supervise production. Telegran from abroad asking that restrictior be placed upon the industry for til sake of America's prestige were rti by Mrs. Gilman. Mrs. Gilman said that if the your people of the country failed to tal advantage of the recreational oppo j tunities open to them the day migl come when they would be prohibite! from _ attending film theatres under certain age. Magazine Ban Lifted \ Hollywood, Oct. 30.— Publicity d> rectors, . at a conference today wiU Jack Grant, new coast representath I of Motion Picture and Motion Pi hire Classic, agreed to lift the bt\ which they have maintained again the two magazines for the past tv months on stipulation that they suli mit to studio supervision in cqmmr with pther fan publications. Tl magazines will in the future mainta i their own "white" list of writers. Loew's Gets Tax Refun Washington, Oct. 30.— Loew's at subsidiaries received an income tax r fund of $74,260 today. MOTION PICTURE DAILY Variety Club Chatter Vednesday, October 31, 1934 Dhio Grossed $19,846,000 During 1933 Washington, Oct. 30. — Ohio's 536 im theatres last year had box-office eceipts of $19,846,000 and payrolls of 4,156,000, while 19 legitimate and audefilm houses took in $884,000 on i aggregate payroll of $284,000, it as reported today by the U. S. Cen- is Bureau. The bureau also reported on Illinois, inouncing that 447 film theatres had tceipts of $19,454,000 and payrolls of 4,470,000, and 104 legitimate and audefilm houses took in $13,652,000 id had payrolls of $2,653,000. Returns on the larger cities showed hicago to have 189 film theatres with xx-office receipts of $13,997,000 id payrolls of $3,447,000 and 36 :her theatres with receipts of $9,255,- X) and payrolls of $1,803,000. Other linois cities for which figures were ;ported included Rockford, where 11 lm theatres took in $692,000 and had ayrolls of $96,000; Springfield, with ght houses taking in $496,000 with ayrolls of $114,000; East St. Louis, x houses with receipts of $238,000 id payrolls of $63,000; Peoria, three lm houses with receipts of $101,000 ad payrolls of $26,000, and five other teatres with receipts of $507,000 and ayrolls of $109,000; Decatur, three im houses with receipts of $89,000 nd payrolls of $19,000 and three other ieatres with receipts of 222,000 and ayrolls of $51,000; Evanston, three Duses with receipts of $303,000 and lyrolls of $40,000, and Cicero, five ouses with receipts of $198,000 and ayrolls of $51,000. In Ohio, Cleveland reported 76 film .eatres with receipts of $4,827,000 and lyrolls of $1,157,000; Cincinnati, 39 -eatres with receipts of $2,825,000 and lyrolls of $514,000; Dayton, 21 )uses with receipts of $1,236,000 and lyrolls of $238,000 ; Akron, 28 houses ith receipts of $1,240,000 and pay- ills of $260,000; Canton, 10 houses ith receipts of $622,000 and payrolls $141,000; Youngstown, six houses ith receipts of $453,000 and payrolls $127,000; Toledo, 19 theatres with ■ceipts of $720,000 and payrolls of 79,000; Columbus, 19 theatres with ceipts of $1,340,000 and payrolls of ■44,000; Lakewood, six houses with ceipts of $198,000 and payrolls of ■1,000; Springfield, 10 houses with ceipts of $359,000 and payrolls of •0,000; and Hamilton, three houses ith receipts of $155,000 and payrolls $39,000. Max Marcus Passes Cleveland, Oct. 30.— Max Marcus, , known by the oldtimers in the in- istry as "Daddy" Marcus, died after I lingering illness at his home, 13,033 Jclid Ave. He is survived by his ughter, Mrs. Omalie Miller; a andson, Henry, and a brother, Ju- ts Marcus of Dresden, Germany. Marcus was born in Berlin. When came to the United States he he- me affiliated with his brother-in-law, oe Mark, in Mark's Strand Theatre, £w York. He was a pioneer theatre owner re and an active member of the eveland M. P. Exhibitors' Ass'n., which he was honorary vice-presi- nt until his retirement from business. Cincinnati Cincinnati, Oct. 30. — William J. Hilliar, who admits he is a magician par excellence, and, therefore, doesn't have to prove it, was one of the Kings for a Day last week, agreeing to per- form the Indian rope trick without a rope. He proved to be a better ma- gician than claimed. He, himself, dis- appeared, as a result of which Col. Arthur Frudenfeld, co-king, car- ried on the program alone, regaling the barkers with paraphrased Mother Goose rhymes applying to many of the members present. Wednesday afternoons has been set aside for women between 12 o'clock and 5 o'clock, during which they are given use of the club quarters for card games and similar festivities. Card nights, which proved so pop- ular last season, have again been in- augurated on Friday nights. Next meeting of the Cincinnati tent is set for Nov. 12 when Barker Nel- son Trowbridge is to be the regal one for the day. He promises some extra- ordinary talent from his Shubert The- atre. Father Cletus Miller, club chap- lain, made his first appearance of the season at the tent last week, with the promise to be among those present at every meeting henceforth. New members added to the local roster include William Mack, United Artists, and Frank Cole, Lincoln Theatre. More Film Men Off Ontario's Payroll Toronto, Oct. 30— Three more heads have fallen in Ontario as a result of the further political slashing of Premier Mitchell Hepburn and the new Liberal Government. Thomas Scott of Toronto has been dismissed from the post of director of the amusements branch, Provincial Treasurer's Department, in which, for 10 years, he has had his finger on the- atre taxes, collection of the amusement tax and administrative details. Scott, incidentally, was secretary of the M. P. Exhibitors' Protective Ass'n., the first organization for independents in Ontario, prior to his government ap- pointment. Another official to go is E. Wood- burn, Ontario inspector of theatres. The third to be lopped off was James J. Moxley of Ottawa, veteran theatre manager, who has been holding down the job of registrar of deeds at Ot- tawa for the Provincial Government. Moxley is building a new theatre in the capital. Scott and Woodburn will not be replaced. Their offices have been abolished. Madison Licenses Cut Madison, Wis., Oct. 30. — A reduc- tion in theatre licenses ranging from $50 to $100 has been approved by the Common Council. Under the new schedule, theatres with a seating ca- pacity of less than 500 must pay an annual license fee of $50, those with a capacity of more than 500 and less than 1,200 are charged a $100 fee and over 1,200 seating capacity a $200 annual fee. The previous license fee ranged from $150 to $300. Washington Washington, Oct. 30. — Time rolled back years and years to furnish the major diversion of the weekly luncheon of Tent No. 11, spread by Charles H. Olive and Sidney B. Lust, the kings for a day, when the 80-odd barkers and guests were regaled with photographs taken " 'way back when." Guests were Isaac Gans and El- wood Street, director of public wel- fare of the District of Columbia. Following the stereopticon glimpse into the past, the temporary kings pre- sented Bob Murphy and family, Dor- othy and Dick, from Loew's Fox stage show, and Charlie Hill, the original "tune detective," and Lora Hoffman, soprano, from the Earle stage. During the past fortnight four full and one associate members have been added to the register : Pete Macias, restaurateur and night club operator ; Arthur Godfrey and Harry C. Butcher, CBS announcers; Gene Ford, manager of Loew's Fox; and, associate member, Harry Summer- vtlle, managing director of the Wil- lard Hotel, where the tent has its quarters. In the shift of officers on the Variety Club caused by the recent resignation of John J. Payette as chief barker and the advancement of Rudolph Ber- ger into that position, J. Louis Rome, former second assistant, was made first assistant chief barker and Carter T. Barron was elevated from canvas- man to second assistant chief barker. Harry S. Brown, branch manager for First Division, was appointed can- vasman to make up the complement of 11 on the board of governors. Barker Butcher has been added to the publicity committee for the first annual dinner and ball on Nov. 24. Barker Godfrey was put to work on the entertainment committee. Canvasman Brown has been named as chairman of the House committee, taking the place of Canvasman A. Julian Brylawski, who has been given the chairmanship of the mem- bership committee formerly headed by Barker Fayette. Educators Ask Ban On Brooklyn House _ The Board of Education has peti- tioned License Commissioner Paul Moss to revoke the theatre permit, granted the Trans Lux Movies Corp. in 1926 by former License Commis- sioner Sidney S. Levine, to erect a theatre adjacent to Erasmus Hall, High School, Brooklyn. Moss has reserved decision on the case until a later date and, meanwhile, work on the house, which was only started recently, has been temporarily halted. Arklamiss Asks $51^19 New Orleans, Oct. 30.— Claims held by Arklamiss Theatres against Saenger Theatres, Inc., total $51,- 919.24, it was learned here today. The Arklamiss claims, which are part of Saenger reorganization plans, appar- ently, cover a number of outside claims which the company took over as cheaply as possible. 19 Ask for End Of "Special Privileges" Omaha, Oct. 30. — Calling for the election of Edward R. Burke, Omaha, to the U. S. Senate, Division Admin- istrator, Sol A. Rosenblatt, in the first of a series of political addresses, pleaded for the elimination of the "special privilege." "Those who challenge President Roosevelt's principle of abolishing spe- cial privilege are those who enjoy special privilege at the expense of the public welfare," Rosenblatt said. In addition, he pointed out that the Roosevelt policies call for war on crime and graft, to build up the moral and spiritual values of national life; likewise a reversal of the trend of the last three generations by swinging now in the direction of a wider distribu- tion of wealth and the opportunities of the nation. "Ninety per cent of the banks of America showed increases in deposits in the six months from Dec, 1933, to June 30, 1934," he said. "That means people are back at work and earning money. These gains are nationwide." Among showmen present at Rosen4- blatt's address were Will Singer, man- ager of the Brandeis ; Sam Epstein, president of Epstein Theatres, and Howard Shortly, representing Harry Goldberg interests. Rosenblatt was unable to meet with the local code board and a luncheon arranged for him with board members had to be cancelled. He conferred shortly with Regina Molseed, code secretary. Most of his spare time was spent in visiting his mother, Mrs. Mol- lie Rosenblatt. Germany Lists Film Employes at 7,000 Washington, Oct 30. — Seven thou- sand people are engaged in- production in Germany, according to a report by Acting Commercial Attache Douglas Miller, in Berlin, to the U. S. De- partment of Commerce. Of this personnel, 6,000 are located in Berlin and 1,000 in Munich. All are organized in the Film Estate and are divided among 17 sections. The actors' section comprises about 5,000, while the remaining 2,000 are made up of directors, cameramen, sound men, architects, etc. Out of the 5,000 actors about 3,500 are listed as solo actors and 1,500 as extras. At present there is an influx of extras. Some 300 new applicants for membership are accepted daily, the great majority of applicants coming from theatres, music halls, and caba- rets in Berlin and other cities. Mexico City Houses To Be Open Sundays By JAMES LOCKHART Mexico City, Oct. 30.— Film houses are to be allowed to remain open Sun- days despite the fact that bakeries, dairies, butchers, restaurants, saloons and other activities have been put un- der the Sabbath ban. have told you this W title again and again; you might as well familiar- ize yourself with it; you will hear it again and again. SCREEN PLAY:— Gives it AAAA and says "A great picture, amazingly dramatic and delightful comedy drama in a logical plot to a happy fadeout." PHOTOPLAY:— "Better sec this film soon and spare yourself the ordeal of having all your friends tell you the story ..... human compelling naturalness and humor." SCREENLAND: — "LADY BY CHOICE" eclipses LADY FOR A DAY— and is THAT an achieve- ment? You had better not miss this." MOVIE CLASSIC: — "Entertaining from start to finish; a banisher of blues; all kinds of praise can be heaped on the stars for their performances." SCREEN BOOK: — "May Robson repeats the suc- cess of her famous hit: 'A LADY FOR A DAY'; highly dramatic . . . excellent comedy touches." • with CAROLE LOMBARD MAY ROBSON ROGER PRYOR WALTER CONNOLLY Story by Dwight Taylor Screen play by Jo Swerling Directed by David Burton ADY BY CHOICE .ADY BY CHOICE ■ ADY BY CHOICE BY CHOICE DY BY CHOICE .ADY BY CHOICE ADY BY CHOICE ADY BY CHOICE ADY BY CHOICE ADY BY CHOICE ADY BY CHOICE LADY BY CHOICE The Leading Daily l*e^)«ije>\ %W 1) Picture Industry MOTION PICTURE DAILY Alert, Intelligent the In in All Branches OL. 36. NO. 104 NEW YORK, THURSDAY, NOVEMBER 1, 1934 TEN CENTS S. Y. Censor Clips 2,195 For 1933-34 rain Over Previous Year; Revenue $170,670.79 Albany, Oct. 31. — During the year nding June 30 the New York Censor ioard. known officially as the M. P. >ivision of the State Education De- artment, reviewed 8,362 reels of film • ith 2,195 eliminations, according to report just submitted bv Irwin Es- lond, director. Fifteen films were rejected com- letely, but two of these were later evised and licensed. Eliminations were for the following easons : indecent, 838 ; inhuman, 79 ; ending to incite to crime, 511; im- loral or tending to corrupt morals, 52; sacrilegious, 15. The number of film subjects viewed /as 1,769, practically the same as [l the previous year when the (Continued on page 6) 3areford to Talk On Code Cost Plan Washington, Oct. 31. — Harold S. Sareford, chairman of the Campi nance committee, is slated to confer nmorrow with officials of the amuse- lents division and the budget branch f the division of research and plan- ing of the NRA with respect to ction to be taken on complaints re- eived against the producer-distribu- Dr assessment schedule. Rather than go through the lengthy rocedure of a public hearing, it is (Continued on page 6) Hrock Joins Fox as Associate Producer Hollywood, Oct. 31. — Following his elease from his four -picture contract ;ith Radio, Lou Brock last night igned with Fox, where he starts ork Monday as an associate pro- ucer. His first will be a musical ased on an idea of his own. He has been succeeded at Radio y Felix Young, whose first produc- on will be an untitled musical, with William Powell vehicle, "Star at fidnight," to follow. Warner Meeting to Be Held on Dec. 10 Annual stockholders meeting of v'arners will be held in Wilmington n Dec. 10. Five directors will be (Continued on page 2) Hoblitzelle Helps Para., Richards Deal Agreement on Operation Of Circuit Nearer Karl Hoblitzelle, Paramount oper- ating partner for Interstate Circuit, Texas, has been named intermediary in the current negotiations between the Paramount Publix trustees and E. V. Richards in connection with the latter's participation in the reorgan- ized Saenger Theatres picture. Richards, who has been here for the past week for conferences with the trustees on a proposed limitation of his interest in the new Saenger company, is understood to be remaining in town in the hope of concluding the negotiations within the next few days. Progress toward an acceptable under- (Continucd on page 6) Fleischer Claims New Depth Effect A camera attachment which, it is claimed, provides an economical third- dimensional film effect has been per- fected by Max Fleischer and has been satisfactorily employed in several of his cartoons released through Para- mount recently. Fleischer's development, patents on which have been applied for, is de- scribed as being based on the theory (Continued on page 2) Garbo Finally Signs New M-G-M Contract Reports that Greta Garbo planned to retire were definitely set at rest yesterday by official M-G-M announce- ment that she had signed the contract which Motion Picture Daily re- ported on Oct. 8 was awaiting her. "Tentative Final" M-G-M has coined a new term for production pur- poses. It's a cross between a tentative title and a final one. In changing "Backfield" to "The Kid from College," the company calls the latest name a "tentative final title." Roll of 1,000 New Year Aim For the SMPE Predictions that the S. M. P. E. membership will pass the 1,000 mark during the coming year were made at the annual fall banquet held last night at the Hotel Pennsylvania as a feature of the four-day convention. The present membership is 930, highest point in the history of the so- ciety, diners were told last night. During 1934 the roll has been in- creased by 375 by the membership committee headed by E. R. Geib. Four papers were read and one re- port was made at the morning session yesterday. The papers were : "International Sensitometric Standardization," W. Clark, Eastman Kodak ; "Some Factors in Photo- graphic Sensitivity," S. E. Sheppard, Eastman Kodak; "Rear Projection for Process Photography," G. G. Popo- vici, Eastern Service Studios, and H. (Continued on page 2) Rothafel Return as Roxy Head Opposed Possibility of S. L. Rothafel re- turning to the Roxy as operating head is definitely off. A committee repre- senting first mortgage bondholders met Tuesday night to discuss the Rothafel situation, but decided against it. No. California Theatre Owners Rebuff Sinclair San Francisco, Oct. 31. — Northern California exhibitors today rebuffed efforts of Upton Sinclair, EPIC candidate for the governorship, to en- roll them in his fight against "nefari- ous influences of the moving picture industry in politics, on the morals and the industry of the country." Sinclair's proposal was made in the following telegram to Morgan Walsh, president of the Independent Theatre Owners of Northern Califor- nia : "The Hollywood Reporter openly boasted that the moving picture in- dustry dominated by Will H. Hays, Louis B. Mayer, C. C. Petti john and Irving Thalberg has started a war against me and raised funds for (Continued on page 6) Fox Re-Signs Kent; Rumors Of Shift End W. C. Michel, John Clark Get Pacts, Too Sidney R. Kent continues as presi- dent of Fox Film for another three- year period. The board of directors, in a meeting yester- day, abrogated his existing pact and substituted in its place a brand-new con- tract tying him to his present association for 36 more months. Persistent re- ports, published principally in H o 1 1 y wo o d S.dney R. Kent J™** PaPer|> *? the effect Kent was considering a new Alma Mater, were thereby officially laid low. It was disclosed at the same time that W. C. Michel, executive vice- president, and John D. Clark, general manager of distribution, had been signed to new contracts for a similar term of years. The members of the board joined (Continued on page 2) Fox 39-Week Net Is $1,506,212.67 A net profit of $1,506,212.67 after Federal taxes for the 39 weeks ended Sept. 29 was reported yesterday by Fox Film. This compares with a loss of $226,345 for the similar period of 1933. Earnings for the 39-week period of this year are equivalent to 61 cents per share on "A" and "B" stock. The consolidated earned sur- plus at Sept. 29 stood at $3,251,650. In the third quarter the profit from operations before Federal taxes was $356,971, compared with a profit of $256,061 for the same quarter of 1933. Theatre operations of Wesco Corp. are not consolidated because of the bankruptcies of the principal operating subsidiaries of that company. Stage Pinning Hope On 1934-35 Season Legitimate theatres in New York are pinning their hopes on the 1934-35 season. If it is as bad as some of its (Continued on page 2) MOTION PICTURE DAILY Thursday, November I, 193' MOTION PICTURE DAILY (Registered U. S. Patent Office) Fox Re-Signs Kent; Shift Rumors End Vol. 36 November 1, 1934 No. 104 Martin Quigley Editor-in-Chief and Publisher 13 MAURICE KANN Editor JAMES A. CRON Advertising Manager Published daily except Sunday and holi- days by Motion Picture Daily, Inc., sub- sidiary of Quigley Publications, Inc., Martin Quigley, President; Colvin Brown, Vice-President and Treasurer. Publication Office: 1790 Broadway, New York. Telephone Circle 7-3100. Cable ad- dress "Quigpubco, New York." All con- tents copyrighted 1934 by Motion Picture Daily, Inc. Address all correspondence to the New York Office. Other Quigley pub- lications: MOTION PICTURE HERALD, BETTER THEATRES, THE MOTION PICTURE ALMANAC and THE CHI- CAGOAN. Hollywood Bureau: Postal Union Life Building, Vine and Yucca Streets, Victor M. Shapiro, Manager; Chicago Bureau: 407 South Dearborn Street, Edwin S. Clif- ford, Manager; London Bureau: Remo House, 310 Regent St., London, W. 1, Bruce Allan, Representative. Cable address: "Quigpubco, London"; Berlin Bureau: Berlin - Tempelhof , Kaiserin - Augustastrasse 28, Joachim K. Rutenberg, Representative; Paris Bureau: 19, Rue de la Cour-des- Noues, Pierre Autre, Representative; Rome Bureau: Viale Gorizia, Vittorio Malpassuti Representative; Sydney Bureau: 102 Sus sex Street, Cliff Holt, Representative; Mex ico City Bureau: Apartado 269, James Lockhart, Representative; Glasgow Bureau: 86 Dundrennan Road, G. Holmes, Repre- sentative; Budapest Bureau: 3, Kaplar-u, Budapest, II, Endre Hevesi, Representa- tive; Moscow Bureau: Civtzev Vrazhek, N. 25, Apart. 146, Moscow, U. S. S. R., Bella Kashin, Representative. Cable ad dress: "Samrod, Moscow." Entered as second class matter, January 4, 1926, at the Post Office at New York City, N. Y., under Act of March 3, 1879. Subscription rates per year: $6 in the Americas, except Canada $15 and foreign $12. Single copies: 10 cents. Stage Pinning Hope On 1934-35 Season (Continued from page 1) recent predecessors, the future of the stage for years to come will be affect ed, according to a survey made by the Billboard's Theatrical Index. Profits in 1933-34, the survey shows, were better than in the pre- vious year for some attractions, but many of them dropped below the pre vious year. Roadshows have picked up slightly. Balaban, Immerman In John Balaban and Walter Immer man of the B. & K. circuit arrive from Chicago today to conclude negotia- tions for Paramount product. Barney Balaban has been here for the last three days and plans to spend another week conferring with home office executives. Don Bell Takes His Life Brawley, Cal., Oct. 31.— Don Bell 65, co-inventor of the projection ma chine, ended his life here today by in haling gas from his car exhaust. Poor health and business reverses were blamed. Lesser, Cline Sail Genoa, Oct. 31. — Sol Lesser, Eddie Cline and ®eorge O'Brien are aboard the Rex, which arrives in the United States on Nov. 7. (Continued from page 1) with the representatives of the Chase National Bank, the largest Fox stock- holders, in passing a resolution en- dorsing the work of the management and expressing pleasure at results of the last two years. Skouras Set on FWC Pact Los Angeles, Oct. 31. — Charles Skouras and Edward Zabel, his sec- retary, are expected to leave New York Friday for the coast after work- ing out details for reorganization of Fox West Coast. It is understood Skouras is set for a new five-year operating contract as a result of his work in realigning the coast setup. Fleischer Claims New Depth Effect (Continued from page 1) of a shortening of the perspective point in the camera. The process employs a machine, said to weigh more than a ton and composed of 500 work- ing parts yet, according to Fleischer's estimates, its use would not increase production costs more than 15 per cent. He claims its advantages are even more apparent in feature film photographv than in cartoons and as- serts that the process would not re- quire new or altered projection equip- ment and is designed for exhibition on standard screen surfaces. Samples of the process appear in the colored cartoons, "Poor Cinderel- la" and "Little Dutch Mill." Loew's Tax Refund Details Given Out Washington, Oct. 31. — How the income tax refund of $74,260 awarded yesterday to Loew's and its subsidi- aries breaks up was revealed in de- tailed figures made public today by the Bureau of Internal Revenue. Overassessments admitted by the bureau were as follows : Loew's, $6,485.63; Brevoort Hold- ing Co., $483.51 ; Humanova Produc- ing Co., $286.94; International Vaude- ville Co., $78.85; Loew's Memphis Theatre Co., $350.81 ; Marcus Loew Booking Agency, $105.48 ; Marcus Loew Realty Corp., $338.55 ; Mascot Amusement Co., $36.48; Monarch Amusement Co., $283.89; New Broad Co., $281.79; Putnam Theatrical Corp., $3,834.61; Seventh & Broadway Building Co., $2,606.41; Greeley Square Amusement Co., $715.79. Skouras Men Meet Managers of Skouras Manhattan, Bronx and Westchester houses held their weekly meeting yesterday with William White, division manager, pre- siding. Bookings and other details were discussed. In the morning the managers saw "Pursuit of Happiness" at the Audubon. George Rich and Jules Laurent, Long Island division managers, held a meeting of their forces on Tuesday. Breen Returns West Joseph I. Breen, Production Code Administrator, left New York for Hollywood yesterday. Cammack to Become An Aide to Reisman St. Louis, Oct. 31. — Ben J. Cam- mack, manager of the local Warner exchange, has resigned and has joined Radio as assistant to Phil Reisman, in charge of foreign activities. Cam- mack is now in New York and in a few weeks will leave for South Amer- ica to take charge of RKO in Argen- tina and Brazil, making his headquar- ters in Buenos Aires. James Winn, Warner manager in San Antonio, succeeds Cammack here. Efforts to reach Phil Reisman and Ned Depinet for further details last night were unavailing. Many on Ampa Program Talent lined up for today's Ampa meeting includes Nick Lukas, Con- stance Collier, Herbert Rawlinson. the Three X Sisters, Dizzy and Daffy Dean, Harry Ellis, Sylvia Simms, Dave Fine, Robert Simmons, and Sophie Tucker, if her boat arrives in time. Major Edward Bowes will be guest chairman and C. Edward Carrier will introduce six finalists in the Loew M-G-M-Dai!y Mirror contest. Radio in Trinidad Deal A deal for the complete Radio line- ups for this season and last has been closed by the RKO Export Corp. with the British Colonial Film Exchange, Ltd., of Trinidad, British West Indies. Eastman Up 2y8 on Big Board Net High Low Close Change Columbia Pictures, vtc 35 3454 35 + 54 Consolidated Film Industries 354 354 3J4 + H Consolidated Film Industries, pfd 1554 1554 — 54 Eastman Kodak 10554 10454 10554 +2V& Fox Film "A" 1254 1254 1254 + % Loew's. Inc 2954 29 2954 + 44 Loew's, Inc.. pfd 96 96 96 +15^ Paramount Publix VA 4 4 — Pathe Exchange 154 l^g 154 Pathe Exchange "A" \Z>A 12$i \2$i — % RKO 2 lS/g m — 5? Warner Bros 454 454 454 — H Technicolor Up Half on Curb Net Close Change 1234 + 54 2 - Vt Roll of 1,000 New Year Aim For the SMPI (Continued from page 1) Griffin, International Projector Corp "The 16mm Sound Film Outlook W. B. Cook, Kodascope Librarie The report was from the color con mittee. The committee reported th for some months it had been workir on a glossary of technical and pr< prietary terms used in color photo; raphy and that the results would 1 published in the society's journal. The banquet was held at 7:30 the ballroom of the hotel. Its prii cipal feature was an address by D F. B. Jewett, vice-president of A. & T. Laboratories, Inc. An awai for the best paper submitted for tl society's journal during the year we; to Dr. P. A. Snell, who has sim passed away. It was received by h widow. Dancing and other Hallowe'en fe tivities followed the dinner. The convention will close wii morning and afternoon sessions t< day. Warner Meeting to Be Held on Dec. J (Continued from page 1) elected for a term of two years. On stockholders of record Nov. 2 will 1 permitted to vote. On Dec. 18, the board ol irecto meets in New York to elect officer At this time the present executr personnel is expected to be continue without change. Directors whose terms expire a S. P. Friedman, Sam E. Morris, Mo: ris Wolf, C. S. Guggenheimer ar J. P. Laffey. Reelection of the pre ent executive setup by the new boat is certain. High Low Technicolor 13 1231 Trans Lux 254 2 Paramount Publix Bonds Off 2% High Low Close Keith B. F. 6s '46 6354 6354 6354 Loew's 6s '41, ww deb rights 10354 10354 10354 Paramount F. L. 6s '47 ,. 5654 55 55 Paramount Publix 554s '50 5654 55 55 Warner Bros. 6s '39, wd 58 58 58 Net Change -254 -234 Sales 200 100 400 300 100 1,700 100 3,900 300 200 4.400 2,900 Sales 12 9 Sales 1 3 21 14 6 Gets Award Saturday Formal presentation of the Phot- play gold medal for 1933, awarded Radio's "Little Women," will be ma< Saturday evening in the NBC studipj The ceremony will be broadcast ov the NBC network, with WJZ the loc outlet. Kathryn Dougherty, editor f the magazine, will present the awai and Ned Depinet, head of RKO Di tributing Corp., will accept it for tl producers. New House for Shorts Sam Jax Theatre Corp. has clos< a deal with the Erlanger interests i take over the Gaiety on Broadway f< shorts and newsreels. Because of temporary deadlock with the unit on the operators' scale, the date f< opening has not been set. Sues Over Word Procei Trimble De Roode filed an i junction, accounting and damage si yesterday against Universal over t' use of an animated word proce claimed to be patented by him. Oth suits will follow, it is understood. Gets Liberty Franchise Budd Rogers, general sales rrianag of Liberty Pictures, has closed a fra chise deal for his company's^ curre lineup with Metropolitan Film E: change, for Seattle and Portland. "HELLO! IS MISTER THOMAS OF MICHIGAN AMONG OUR READERS TODAY!" We got that awfully swell letter you wrote. We're taking the liberty of reproducing it. "Dear M-G-M: I played your colored short 'HOLLAND IN TULIP TIME' with The com- merits on the short exceeded those on the feature, this in spite of the fact that is an outstanding attraction. Your com- pany's shorts have been splendid. Sincerely, MARTIN THOMAS." BRAUMART THEATRE COMPANY, (operating theatres in 4 cities in Michigan.) Thanks so much, Mr. Thomas! And wait 'till you see the next Fitzpa trick Traveltalks in Technicolor"Zion, the Canyon of Color" and "Ireland, the Emerald Isle." M-G-M's pride. HOLLAND/ IN TULIP 1 TIME- ^/'TZPATR/CK TRAVEL TALK lN vsTeCHN(COLO/^ <0 .* O ^ -A O ^ p A Reliance Picture Produced by E DWAR D SMALL Released thru UNITED ARTISTS IERRY-CO-ROUND JACK BENNY NANCY CARROLL GENE RAYMOND SYDNEY HOWARD MITZI GREEN S I D S I LVER S FRANK PARKER THE BOSWELL SISTERS * Sidney Blackmer • Ralph Morgan - Shirley Grey Sam Hardy - William Boyd Jean Sargent - Patsy Kelly MOTION PICTURE DAILY Thursday, November N. Y. Censor Clips 2,195 For 1933-34 (Continued from page 1) total reached 1,762. There was a drop in the number of cuts, how- ever. In 1933-1934 scenes and titles eliminated totalled 3,035, but 1,242 were of titles of silent pictures, leav- ing a total of 1,793 scenes cut in 1932- 1933. This, apparently, is an increase of 402 in the number of scenes cut in the 1933-34 year. Net revenue to the state for 1933-34 was $170,670.79. Receipts for the year were $231,497.88. Expenses totalled $60,827.09. The net revenue was a gain of $8,973.32 over the previous year. Since the organization of the commission in 1921 the net profit to the state has been $1,688,764.63. "The fact the 8,362 reels of film were reviewed during the year, that 15 pictures were rejected outright, and that 2,195 eliminations were made on statutory grounds, will give some idea of the amount of work that is done," Esmond reports. "During the entire time that this division has been in operation, we have succeeded in keep- ing off the screen pictures exploiting prostitution, venereal disease, white slavery, narcotic drugs, unnatural love, sterilization, nudism and films de- structive of our form of government. We have also eliminated a very great number of scenes of lust, crime, inde- cency and immorality, as well as scenes that are inhuman and sacri- legious." Rosenblatt Speaks Upon Film "Morale" Omaha, Oct. 31. — Though un- scheduled, Sol A. Rosenblatt, code administrator, took a few minutes off from his political campaigning shortly before he departed to address the Omaha Council of Jewish Women on motion picture "morale." He praised the National Council of Jewish Women in congressional activities and said "much can be done to elevate the morale of films if you women as mothers will select the pictures your children shall see." Wants New Film Setup Baltimore, Oct. 31. — The sugges- tion that pictures for the young be taken out of the hands of "individuals, organizations and companies conduct- ing recreation for personal profits or dividends for stockholders" and placed in those of educators and dramatists of professional standing was made today by Mrs. Robbins Gilman, mo- tion picture chairman of the National Congress of Parent-Teacher Ass'n., at the close of a three-day film con- ference at the Emerson Hotel here. She urged the formation of new pro- duction and distribution agencies. Schulberg Completes Paramount Contract Hollywood, Oct. 31. — B. P. Schul- berg has completed his current con- tract with Paramount. He said he was not sure whether he would renew with Paramount. He leaves for New York around Dec. 1. No. California Theatre Owners Rebuff Sinclair Bareford to Talk On Code Cost Plan (Continued from page 1) probable tomorrow's conference will result in some concessions to straight- en out the complaint of the Mono- gram group without disturbing the setup for the major integrated com- panies. The only complaints received have been from this group, it was said, and it is believed a satisfactory compromise may be worked out with- out difficulty. No further complaints have been received against the exhibitor sched- ule, and it will be given the Recov- ery Administration's approval. The only kick against the schedule was from Allied of Wisconsin. Expect Calm Hearing On Agents' Control Washington, Oct. 31. — Hearings on the recommendations of the agency committee, which open tomorrow, are destined to be devoid of fireworks, it is indicated by the lack of applica- tions for time reported today by Dep- uty Administrator William P. Farns- worth. So far, Farnsworth said, he has re- ceived no applications and is without any idea who, if anybody, will appear. It is probable that the hearings will not be heavily attended, it having been reported that few of the Hollywood producers felt it necessary to send representatives across the country. As far as can be learned, about the only subject on which there may be any serious division of opinion is the attendance of agents at meetings between producers and actors with respect to matters other than employ- ment. K, C. Moves to Stop Rigney Film Service Kansas City, Oct. 31. — The griev- ance board moved swiftly today for the first time to compel compliance with decisions instructing all distribu- tors to stop film service to J. F. Rig- ney of the Westport Theatre following his failure to comply with the order to discontinue bank nights. Radio stopped service immediately, refusing delivery of the picture Rigney advertised for tonight's showing. The board's instructions affect contracts with all distributors negotiated after Dec. 7, last year's code effective date, but check by Grace Gannon, board secretary, reveals it immediately affects only Radio, as Rigney bought from other companies before that date. However, all distributors will comply with the order not to service new product or negotiate new contracts. E. S. Young, another Kansas City ex- hibitor, ordered to quit bank nights, filed a compliance certificate and is in the clear. Sunneman Recovering Fayetteville, Ark., Oct. 31. — W. F. Sunneman of Malco Theatres is recovering at his home here from injuries received when his car turned over three times on a hill. (Continued from page 1) my defeat. I have openly charged that the moving picture industry has been exhibiting through producer-owned theatres false propaganda by donating free trailers falsely setting up what purports to be an impartial survey of conditions in California. "I have begun a campaign asking for a full and complete Congressional investigation of all of the activities of the moving picture industry including block booking and blind buying, also toward Federal supervision of the in- dustry. 'Will the independent exhibitors, regardless of the success of my can- didacy, join in the fight which I have begun against the nefarious influence of the moving picture industry in politics, on the morals and the in- dustry of the country. A copy of this telegram should be sent to P. S. Har- rison, New York City." Text of Walsh's Reply Walsh's reply follows : "In mv opinion, the Independent Theatre Owners of Northern •Cali- fornia have no desire to follow you politically nor have you lead our bat- tle in connection with controversial subjects within our industry. It is my personal observation that you have suddenly become the champion of the independent theatre owners and I am suspicious that your motives are po- litical. "I do not believe that the cause of the independent theatre owners any- where in America would be helped by the injection of yourself into the pic- ture. It is my personal opinion that your interest in our behalf would in- jure our cause rather than help it. "I am sending a copy of my reply to P. S. Harrison so that he may not confuse the real issue out here which is a fight of good California Americans to preserve American ideals. "Many thanks, but we will fight our own battles." Upton Sinclair's telegram to Mor- gan Walsh definitely ties in P. S. Harrison, publisher of Harrison's Re- ports, weekly reviewing service, with the former's move for a Congressional probe of the industry. In the past, Harrison has been a strong champion of Allied and is known for his con- stant support of what is described, sometimes erroneously, as the "under- dog." In virtually all of his writings, Har- rison has been persistently opposed to the policies of the major companies. Sinclair Asks N. Y. Tax Upon Negatives Los Angeles, Oct. 31. — A New York tax on film negatives was sug- gested today by Upton Sinclair in a wire to Mayor La Guardia advising the latter that producers were escap- ing the California tax by having nega- tives printed in New York. "If you tax them in New York and we tax them in California," Sinclair wired, "they will no longer be able to escape their just share of the support of government." Hoblitzelle Helps Para., Richards Dea (Continued from page 1) standing is said to have been, ms since Hoblitzelle entered the situati- The negotiations are understood center on an adjustment of the pr visions for participation of Richer and Paramount, respectively, in tl stock of the reorganized Saenger cor pany. Under the original provisio Richards was to acquire all of t. Class A stock of the new compan for $25,000, while Paramount was I retain all of the Class B shares. Tl trustees, it is understood, now fel that these provisions should be r] vised in some measure in Paramount! favor. No definite plan, however, hf as yet been devised. Worcester Theatre Financing Approve* A plan of refinancing a $400,0^ mortgage on Paramount's Capit(i Worcester, Mass, was approved ye terday by Federal Judge Alfred Coxe. Under the plan New England TH atres Corp., a Paramount subsidiar purchases the mortgage note f $305,000 from Worcester Bank Trust Co., now in liquidation, in ord to avoid foreclosure on the Capiti Olympia Theatres, also a Paramou subsidiary, makes a payment of $55,0 principal amount on the note and N« | England sells a $225,000 participate ' in the balance to the First Nation | Bank of Boston. Maturities will th be paid off at the rate of $20,0 annually. New England will lease t' Capitol from Olympia for four yea at $30,000 per year plus taxes ai other charges. George J. Schaefer, Paramount ge eral manager, was granted leave ye terday by Judge Coxe to file a delay' claim against Paramount Publix on ; employment contract. The petition wj not opposed by counsel for the Par. mount Publix trustees. Texas Theatres Get $12,607,000 in '3 Washington, Oct. 31. — Box-offi leceipts of 508 Texas film theatres la year totaled $12,607,000, while receip of seven legitimate and vaudefil theatres were $218,000, according figures released today by the U. Census Bureau. Payrolls of the film theatres for tl year aggregated $2,253,000; for tl other houses, $50,000. Thirty-one houses in Dallas report, a take of $1,715,000 and payrolls ; $287,000, the bureau reported, whi 14 houses in Houston took in $1,29/ 000 and had payrolls of $234,000 ; ar 12 San Antonio theatres receiv, $998,000 and had payrolls of $183,00( Durante for Stage Rol Hollywood, Oct. 31. — Ralph Fa num has negotiated a deal wi' M-G-M for a loan of Jimmy Duran to star in Lew Brown's stage produ tion "Calling All Stars." Duran will start east immediately followir completion of "Carnival" f< Columbia. hursday, November I, 1934 MOTION PICTURE DAILY $taub Contract Renewed Hollywood, Oct. 31. — Ralph Staub, |g charge of shorts at Warners, has jenewed his contract with J. L. iVarner for another year. The new ,eal calls for him to direct as well as iroduce. °aul Munis to Come East Hollywood, Oct. 31. — The Paul Hunis are slated for a New York va- tation as soon as the actor finishes le title role in "Black Hell" for Varners. Zalmine Shifts Managers Pittsburgh, Oct. 31. — Harry Kal- line, zone manager for Warner Brothers here, has just shifted three managers in the Oakland-East Liberty districts. Lyle Harding. N.Y. STRAND- NOW *5fS SHOULD YOU STAY AWAY FROM COLLEGE MEN . . . When You're Picking a Husband? Six college-graduate stars say, "College men shouldn't marry — till they can learn how to swap a cap and gown for a pair of overalls and a diploma for a meal ticket!"... See why "just out of college" means "just out of luck" for thousands, in this un- forgettable romance of today's youth — and the girls they love — stranded at the cross-roads of life! GENTLEM ARE BORN ,A First Notional Picture with it College -Graduate Stars FRANCHOT TONE JEAN MUIR MARGARET LINDSAY ANN DVORAK ROSS ALEXANDER NICK FOR AN former assistant manager of the Re- gent, recently made Cameraphone manager, goes to the Regent ; Harry Thomas goes from the Regent to the Schenley, and Sam Gould shifts from the Schenley to the Cameraphone. It looks like the best show in townf TOMORROW defy the Police of Syracuse! will arrive in town tomorrow un- armed and without disguise! will steal a million in jewels from under the very eyes of the law! will put your wits — your courage — your nerves to a test that only a superman can stand! AM A THIEF ..BUT WHO AM I?) STARTS FRIDAY, NOV. 23 IN 100's OF THEATRES •Ml •Mi v\cto* #1 * 'SKS'"*' 7L ^0 Uory and Screen Play by WALLACE SMT Directed by LEWIS MILESTONE A COLUMBIA PICTURE Picture Industry MOTION PICTURE DAILY Alert, Intelligent the In in AH Branches OL. 36. NO. 105 NEW YORK, FRIDAY, NOVEMBER 2, 1934 TEN CENTS i First Year From Hearst For Warners learst Metrotone News Stays with M-G-M Hollywood, Nov. 1. — Cosmopoli- n's six for 1934-35, two or three of Ihich will be from Marion Davies, ill be released by Warners instead : M-G-M under the terms of the Bw deal signed yesterday. This means that the Davies pic- ires scheduled for the M-G-M list •ill not be made for this company, at will go on the ^/amer list when osmopolitan switches affiliations Jan. the date of the expiration of the resent Cosmopolitan-M-G-M agree- lent. It is reported that the first »avies vehicle under the new deal -ill be a Sidney Skolsky story, Movie Queen." Release of Hearst Metrotone News 'ill continue with M-G-M. The agreement for the new arrange- lent was made directly between Hat- ick, vice-president of Cosmopolitan, nd Jack L. Warner, vice-president i charge of production for Warners. Cosmopolitan Pictures, a subsidiary f Cosmopolitan Corp., is headed by (Continued on pane 7) [ri-Ergon Allowed ToSuePara.-Publix A Federal court order which per- nits American Tri-Ergon to proceed gainst Paramount Publix for an in- unction and accounting or other liti- :ation in connection with the Tri- "rgon double print and flywheel pat- nts was signed yesterday by Fed- ral Judge Alfred C. Coxe. The order was issued when Judge roxe granted a Tri-Ergon petition to ift the Federal court decree, as it pplied to Tri-Ergon, which restrains (Continued on page 7) Browne, Barr Busy On Circuit Merger Maurice Browne and Bernard Barr ire canvassing local independents in ine with the movement on foot to nerge about 100 unaffiliated theatres nto one large circuit. Under the )lan exhibitors would retain a 51 *r cent stock interest in their the itres which would be grouped into me powerful buving unit. So far no exhibitor has signed up. Some have turned the plan down cold nit the general idea has not yet been Iropped. Bare ford Reaches Agreement With NRA On Code Cost Plan Washington, Nov. 1. — Conferences between Harold S. Bareford and officials of the National Recovery Administration today re- sulted in agreement as to treatment of the producer-distributor assessment schedule to meet the protests lodged by independents. Bareford discussed the situation with Division Administrator Sol A. Rosenblatt, Deputy Administrator William P. Farnsworth, Leon Henderson of the Planning and Research Division and other officials. It was said that the agreement, which has yet to receive the approval of Henderson, contemplated some "qualifications or pro- visos" in the schedule which would meet the complaint that the independents were being too heavily taxed. Approval of the schedule as amended is expected to be an- nounced tomorrow. Short Subjects Are "Dogs Of the Business "—Marcus "Shorts are the dogs of the busi- ness, always have been and always will be," Lee Marcus, short subject pro- duction head of Radio, stated yester- day. "There is no incentive on the part of exhibitors to make shorts and they are booked without any special attention, particularly unusual featur- ettes," he said. "Radio this season has increased production costs and the number of shorts from 36 to 42," Marcus de- clared. "All shorts are produced from (Continued on page 6) Sinclair Row Stirs So. Cal. Independents Los Angeles, Nov. 1. — Following the refusal of Morgan Walsh, head of the Independent Theatre Owners of Northern California, to aid Upton Sinclair's campaign for the governor- ship, H. W. Chotiner, president of the Independent Theatre Owners of Southern California, issued a statement indorsing Walsh's stand. "We have not asked for Sinclair's leadership in our affairs," said Cho- tiner, "and we certainly will not ac- cept voluntary leadership from a self- seeking man whose aims are foreign to our beliefs. "The newsreels which Sinclair has branded fake are not fake and the In- (Continued on page 7) ASCAP Cites New Tax Deal As a Defense The music tax compromise recently agreed upon between the American Society of Composers, Authors & Publishers and the Exhibitors' Emer- gency committee is made a part of A. S. C. A. P.'s defense against alle- gations contained in the bill of com- plaint filed by the government in con- nection with its anti-trust suit against the music licensing organization, it was disclosed yesterday with the filing in U. S. District Court here of A. S. C. A. P.'s answer to the Federal action. The exhibitors' music tax compro- mise is cited in the society's answer as an example of the amicable system of (Continued on page 7) Harrison Explains Sinclair Attitude Insofar as his own thoughts and those of Upton Sinclair are identical on block and blind booking and a Federal probe of the industry, P. S. (Continued on page 7) Rinzler-Frisch May Drop Fox Met Spots Sam Rinzler and Louis Frisch may drop the Fox Met group from Rand- force as a result of heavy losses. The Fox Met theatres in the Randforce (Continued on page 6) Predict End Of Cleveland Zoning Pact Code Clearance Schedule Expected to Prevail Cleveland's clearance and zoning agreement between independent and major exhibitors, expiring Jan. 1, 1935, will not be renewed, it was indicated yesterday by three exhibitors in New York when queried on the plan. The Cleveland exhibitors are Henry Greenberger, interested in 14 theatres ; Meyer Fisher, who operates three ; and Paul Gusdanovic, who has six houses. The trio expressed the opinion that the plan, which has been in operation the last 22 months, has worked out to the advantage of most exhibitors, but it was pointed out there are a few disgruntled theatre men who did not approve the pact. Greenberger claims that the draft- ing of a clearance and zoning plan for the territory is the reason the plan will not be continued. The atti- tude of most exhibitors, he says, is that if the NRA lets the present plan alone and does not disturb it by set- ting up new zones, it will be better (Continued on page 6) Indie Circuits May Reenter ITOA Soon A number of independent circuits which recently dropped out of the I. T. O. A. are understood to be planning to rejoin the local unit. Among the circuits mentioned are Springer & Cocalis, Rugoff & Becker, Century, Skouras, Randforce and Meyer & Schneider. _ One of the . principal purposes be- hind the return move is said to be the^ united effort on the part of ex- hibitors to back up the organization (Continued on page 7) 17 Bank Night Cases Heard by Appeal Trio Marking a new record in appeal hearings, 17 cases were heard yester- day by a committee comprising R. H. Cochrane, Henry Randel and Julius Charnow. Three appeals were from Los Angeles, two from Des Moines, one from St. Louis, two from Omaha, three from Kansas City and four from Minneapolis. AW cases were appeals from Bank Night decisions. Campi, apparently, is anxious to dispose of cases of this (Continued on page 6) MOTION PICTURE DAILY Friday, November 2, I9i'< MOTION PICTURE DAILY (Registered U. S. Patent Office) Vol. 36 November 2, 1934 No. 105 Martin Quigley Editor-in-Chief and Publisher MAURICE KANN Editor JAMES A. CRON Advertising Manager Published daily except Sunday and holi- days by Motion Picture Daily, Inc., sub- sidiary of Quigley Publications, Inc., Martin Quigley, President; Colvin Brown, Vice-President and Treasurer. Publication Office: 1790 Broadway, New York. Telephone Circle 7-3100. Cable ad- dress "Quigpubco, New York." All con- tents copyrighted 1934 by Motion Picture Daily, Inc. Address all correspondence to the New York Office. Other Quigley pub- lications: MOTION PICTURE HERALD, BETTER THEATRES, THE MOTION PICTURE ALMANAC and THE CHI- CAGOAN. Hollywood Bureau: Postal Union Life Building, Vine and Yucca Streets, Victor M. Shapiro, Manager; Chicago Bureau: 407 South Dearborn Street, Edwin S. Clif- ford, Manager; London Bureau: Remo House, 310 Regent St., London, W. 1, Bruce Allan, Representative. Cable address: "Quigpubco, London"; Berlin Bureau: Berlin - Tempelhof, Kaiserin - Augustastrasse 28, Joachim K. Rutenberg, Representative; Paris Bureau: 19, Rue de la Cour-des- Noues, Pierre Autre, Representative; Rome Bureau: Viale Gorizia, Vittorio Malpassuti, Representative; Sydney Bureau: 102 Sus- sex Street, Cliff Holt, Representative; Mex- ico City Bureau: Apartado 269, James Lockhart, Representative; Glasgow Bureau: 86 Dundrennan Road, G. Holmes, Repre- sentative; Budapest Bureau: 3, Kaplar-u, Budapest, II, Endre Hevesi, Representa- tive; Moscow Bureau: Civtzev Vrazhek, N. 25, Apart. 146, Moscow, U. S. S. R., Bella Kashin, Representative. Cable ad- dress: "Samrod, Moscow." Entered as second class matter, January 4, 1926, at the Post Office at New York City, N. Y., under Act of March 3, 1879. Subscription rates per year: $6 in the Americas, except Canada $15 and foreign $12. Single copies: 10 cents. Upstate Spots Gain, States Wm. Smalley Business is not bad upstate, Will- iam Smalley, operating 14 theatres in and around Albany, stated yesterday. "Business has picked up quite a bit, especially where we put on special at- tractions like 'Singers' Midgets' and name orchestras," he said. "We are not adding any theatres at this time, but are ready for some ac- quisitions," Smalley concluded. FitzPatrick Here Month James A. FitzPatrick leaves for Hollywood the first week in Decem- ber to start production, on a feature founded on the love affairs of Franz Liszt. FitzPatrick is making the pic- ture on his own and will negotiate dis- tribution after completion. He is now trying to decide whether to make the film in color or black and white. Na- thaniel Shilkret is preparing the musi- cal score. Metro-Goldwyn Dividend Metro-Goldwyn Pictures Corp. yes- terday declared a regular quarterly dividend of one and three-quarter per cent on the preferred stock, pay- able Dec. 15 to stockholders as of record Nov. 30. "Limberlosf to Criterion "A Girl of the Limberlost" will go into the Criterion for a run, starting Nov. 8. Insiders' Outlook CAYS Marion Davies : ^ "I feel very happy over my new arrangement with Warner Brothers. I am confident that they will give me every co-operation in the production of my pictures and that I shall have greater in- dividual opportunity." That, you may regard as the usual perfunctory statement which attends shifts such as the break between Cosmopolitan and M-G-M and the former's new hook-up with Warners. . . . T In this case, however, there seems to be a lot more to it. Miss Davies, it is more or less com- mon gossip, has felt for some time that her talents were not being accorded the fullest of bloom under Leo's aegis and that, placed in the same rarefied at- mosphere with such stars as Garbo, Crawford, Shearer et al, she was not faring as well as she might. The obvious conclu- sion to draw — and events bid fair to make it obvious — is that Marion will be the big noise around the Warner lot when the new deal gets going on January 1 next. . . . T The flirtation between William Randolph Hearst and the War- ners which now reaches its cli- max is not new. Not by a long shot. Four, or perhaps as many as five, years ago, a contract was as close to signing as any con- tract possibly could be. In other words, merely a matter of drip- ping pens and signatures. This corner had something to do with exclusive publication on another paper of the impending deal at the time. When the first page blasted the yarn on the particular morning in question much hap- pened. As a matter of record, so much happened the deal never went through. . . . T Thereafter and popping up now and then with a fair degree of regularity were the same over- tures hitting it off along the same line. For instance, this, dug up from handy, bound volumes of Motion Picture Daily : Hearst to Warner Rumor Stirs Laugh Aboard Westbound Sante Fe Chief, Needles, Cal., April 9, 1933 — Hollywood reports that William Randolph Hearst is about to sever his production affiliation with M-G-M to join Warners met with loud laughs today both from H. M. Warner and Nicholas M. Schenck. Schenck said : "It is perfectly ridiculous." Several years ago, Jack L. Warner almost had Hearst with Marion Davies slated for top rat- ing spot on the First National list and International Newsreel on the Warner program, but Hearst renewed the M-G-M contract. Your attention is directed to the date. . . . T The latter day phases of the Cosmopolitan - Warner hook-up go back to on or about the day that Hearst returned from his recent European trip. The whole proceedings, made familiar by this time through several early efforts over the same ground, were renewed. There developed a lapse of two weeks, a revival of the dickers and the signatures, finally, to the contract in Holly- wood on Wednesday. And so it comes about that the vast publicity and advertising resources of the 26 Hearst dailies throughout the United States now will swing from M-G-M to Warner. Those resources, of course, will be brought into play principally on behalf of the Davies vehicles, first, and the Cosmopolitan at- tractions, no matter what they be, secondly. But just as the Hearst editorial attitude was friendly to M-G-M product aside Consolidated Stocks Rise on Big Board High Low Close Columbia Pictures, vtc 3554 35 35 Consolidated Film Industries 354 354 3% Consolidated Film Industries, pfd 1554 15^5 1554 Eastman Kodak 105 105 105 Fox Film "A" 12% 12 12% Loew's, Inc 30 29 29% Paramount Publix 4 3% 4 Pathe Exchange 1% 1% 1% rko 1% m 1% Warner Bros 4% 454 4% Trans Lux Climbs % on Curb Net Change + 54 + 54 - 54 + % + % High Low Close Technicolor 12% 12% 12% Trans Lux 2% 2% 2% Net Change Trading in Bonds Light High Low Close General Theatre Equipment 6s '40, ctf 6% 554 554 Loew's 6s '41, ww deb rights 10344 103% 103% Paramount F. L. 6s '47 5554 55 55 Paramount Publix 554s '50 55 55 55 Pathe 7s '37, ww 98% 98% 98% Warner Bros. 6s '39, wd 57% 5754 5754 Net Change + 54 + % - 54 Sales 300 100 100 200 1,200 3,200 4,400 100 3,400 1,100 Sales 400 100 Sales 3 2 5 3 3 4 from Cosmopolitan's own, so may it be expected to be as cor- dial where the Warners are con- cerned. . . . T Shedding light in dark cor- ners : Dr. F. B. Jewett, vice- president of the Bell Telephone Laboratories, told the S.M.P.E. I banqueters that if it hadn't been for the years of experiments in tele- phone sound transmission talking | pictures would not have been pos- sible. "That's how we telephone men got into the picture busi- ness," was the way he expressed it. "After all, there are only three elements involved — pick up, transmission and adequate loud speaking devices," he said. "Syn- chronization has never been a problem." . . . T In 1907 or 1908, he said, coils were put into use for transmit- ting sound over increasing dis- tances. "We told the backers of the San Francisco Exposition then that we would have tele- phonic conversation across the continent when the exposition started in 1915, and we did. Vacuum tubes made this possible. Your radio and your sound pic- tures are based on these funda- mental devices." Jewett over- looked the commercial landslide completely. As a scientist, he rates forgiveness, but, as a com- mentator, he glossed over a slightlv important point. . . . KANN M-G-M, Loew's at Ampa M-G-M and Loew's yesterday tool the feature spots at the Ampa lunch eon. The distributor had seven girl who are finalists in the Daily Mirro; tieup for a new player, and Loew's through WHN, had a number o amateur radio performers on hand The affair, toastmastered by Majo; Edward Bowes, was broadcast ovei WHN. Comptroller Joseph D. Mc Goldrick, Herbert Rawlinson anc Shirley Grey were among the guests Sophie Tucker Greeted Sophie Tucker was greeted by i delegation of the American Federatior of Actors when she arrived yesterday on the Manhattan. She was escortec to the Park Central by a squadron o< motorcycles. She will be guest of honor at a beef- steak dinner tomorrow night at Meccs Temple. Among the guests expected are Joe Penner, Jack Benny, Harry Hershfield, Sam Harris and Jack Lait. Tellegen Rites Today Hollywood, Nov. 1. — Private funeral services will be held here to- morrow for Lou Tellegen, who com- mitted suicide last Monday. Arrange- ments were made by Mrs. J. P. Cudahy and approved by Eva Casa- nova, his fourth wife. Tellegen's ashes will be scattered on the Pacific. Stir Over Ellison Fight Film circles here are displaying a lively interest in the candidacy of Millard H. Ellison, brother-in-law of Felix F, Feist, for Supreme Court judge. WARMER BAXTER in HELL in the HEAVENS Conchita MONTENEGRO RUSSELL HARDIE Herbert Mundin • Andy Devine William Stelling* Ralph Morgan Produced by Al Rochett Directed by John Biyiton* (0 u ij k fe m % kHti&m II ^ ft ft v, ;i is rJtisi YOU'RE IN THE ARMY NOW! FOLLOW THE FLAG FROM FAR-FLUNG OUTPOSTS OF THE PACIFIC TO THE WIND-SWEPT TO THE MAD, SWEET RHYTHM OF HUNDREDS OF HAWAIIAN DANCING GIRLS ! . , GET THE CADET CORPS AS SUPPORTING CAST FOR AMERICA'S SINGING SWEETHEARTS, DICK POWELL RTA 11a #U ik^a^yi^ FRANK BORZAGE'S MASTER PRODUCTION, WITH SPECTACULAR BOBBY CONNOLLY DANCES , . , THE MOST Dick Powell's songs by Dixon and Wrubel BATTLEMENTS OF WEST POINT! BLOOD TINGLING TO ROARING GUNS AND SOARING SONGS! HEART POUNDING JU THRILL, SHARE THE ROMANCE OF WEST POINT LIFE-SHOT ON THE SPOT WITH UNCLE SAM'S WHOLE ?! it AND RUBY KEELER, AND PAT O'BRIEN, IN WARNER BROS.' MILITARY MELODY-DRAMA— Kl ti W ^/ttl W WWt&ttl Ki n mi «/ « n « PERFECT THANKSGIVING ATTRACTION EVER OFFERED TO THE INDUSTRY, A First National PicjLure. ! Jrrjirf! m'k%r®fwi ml ki k! V :st i- r I'M ?f ^ 1w ffi-i ri"/ ffli w.! f 1 -7; i W 6 MOTION PICTURE DAILY Friday, November 2, 1934 Short Subjects Are "Dogs Of the Business "—Marcus Predict End Of Cleveland Zoning Pact (Continued from page 1) for Cleveland. A meeting of exhib- itors to work out new zones was to have been held Tuesday and Wednes- day in Cleveland, but, because of an appeal hearing, the session was de- layed until next Wednesday and Thursday. Exhibitors, under the two-year agreement, have the right to cancel at any time, but this does not seem to be the case, Greenberger stated. It is claimed that Loew's Granada broke a verbal agreement when the admission scale was reduced from 35 to 28 cents and maintained 14 days' protection. Theatres charging 25 cents get pic- tures 35 days after the first runs; houses with admissions at 20 cents get films in 57 days, and 15-cent houses get product in 63 days. At Wednesday's appeal hearing in New York, with Frank A. McCarthy and Henry Sussman as committee- men, Greenberger asked a reversal of the Cleveland board's decision put- ting the Mall into a different zone from the Strand, Standard and Car- ter. Fisher has the Mall, while the other three houses are part of the Community circuit, of which Green- berger is an executive partner. Denies Intent to Deprive Rival Greenberger stated he had bought half of Paramount, U. A. and M-G-M for next season with seven days' pro- tection over the Mall and that he did not intend to deprive the Mall of product. Fisher stated he could not buy one new picture from any com- pany and has approached all exchange men in the territory to no avail. Greenberger was in favor of buying protection instead of having a local board set it. Gusdanovic, who operates the Cameo, adjacent to the Mall, stated the Mall and the other three houses are in the same zone and the schism designated by the Cleveland board should be abandoned. Other cases heard were W. A. Thimmig, McNair, St. Louis, against the St. Louis Amusement Co., Gravois Theatre, and Fred Wehrenberg, Cin- derella Theatre, on clearance and zon- ing; Mystic, Picher, Okla., against Picher-Plaza and Southwestern the- atres, same city; and William C. Smalley, Smalley's Hamilton, Hamil- ton, N. Y., against Meyer Schine and Glove City Amusement Co. of Glov- ersville. To Outline Code Attack Sidney Samuelson, president of Al- lied of New Jersey, will outline pro- cedure of the unit in attacking the code to members at the next meeting, Nov. 13. , Allied plans to ask for a congressional investigation of the set- up of the code and the line of attack will be explained to all members at the next session. "Legit' Code in Force The revised code for the legitimate theatre became effective yesterday at a meeting of the authority at the League of New York Theatres. 17 Bank Night Cases Heard by Appeal Trio (Continued from page 1) nature and clear the calendar. The appeals were: Mrs. Jennie H. Dodge, Mission, Ventura, Cal., against Oxnard, Ox- nard. Mrs. Jennie H. Dodge, Mission, Ventura, against Glen City, Santa Paula, Cal. C. A. Ferry, Granada, Alhambra, Cal., against O. W. Lewis, Mission, San Gabriel, Cal. M. E. Baylis, Tivoli, West Los An- geles, Cal., against Wilshire, Santa Monica, Cal. Rex, Fairfield, la., against Orpheum, same city. M. C. Roskopf, Casino, Marshall- town, fa., against Don Thornburg, Strand and Family, same city. Harry C. Swan, Washington, Gran- ite City, 111., against Gaylord W. Jones, Rialto, same city. L. E. Davidson, Capitol, Sioux City, against Rialto, same city. Avenue, Omaha, against August Herman, Muse, Omaha. G. E. Klock, Klock, Neodesha, Kan. against Gem, J. E. Whitten, same city. W. A. Leucht, Olive, St. Joseph, Mo., against Frank Cassil, Rialto, same city. Midland, Pittsburgh, Kan., against J. A. Lenski, Cozy, same city. Lake, Minneapolis, Minn., against Heights, Columbia Heights, Minn. Lake, Minneapolis, Minn., against H. Dickerman, Alhambra, Minneapo- lis, Minn. Lake, Minneapolis, Minn., against H. Dickerman, Northtown, Minnea- apolis, Minn. Coast Casters Talk Over Extras' Rules Hollywood, Nov. 1. — Anticipating an early order from Washington to put the extras' code into effect, Mrs. Mabel Kinney, chairman of the extras' standing committee, called a meeting of some 40 casting representatives and discussed its details. Her idea was to avoid possible misunderstandings. The order was scheduled to have gone into effect Oct. 11, but has been held up pending official notice from Campi. Sten Van Schmus Guest Anna Sten, star of "We Live Again," and Sergei Soudeikine, artist who designed the sets for the picture, were guests at a dinner given by W. G. Van Schmus, managing director of the Music Hall, last night. Goldberg Quits G-B Lou Goldberg has resigned from Gaumont British. Marion Sanders is now at the Roxy on a four-week as- signment for the opening of "Even- song," following which she will bow out of G-B. G-B Renews with Lee Gaumont British has renewed for five years Arthur A. Lee's contract as vice-president and general mana- ger of the company. (Continued from page 1) originals and we are spending as much time in preparation as the men making features," he held. "The company has completed 29 and has 13 more to go for this season." "The short subject department is developing director talent for the com- pany," Marcus asserted, pointing to Mark Sandrich, George Stevens and Ben Holmes, who recently graduated from the shorts' rank to feature pic- tures. Ruth Etting has been signed for six two-reelers for next season. The company recently experimented with a Spanish version of an Etting short for the foreign market and the results are good, Marcus stated. The short subject producer believes duals are minimizing the demand for shorts, especially two-reelers, which, he claims, are being booked during supper shows. Marcus admitted he doesn't know why the demand for two- reelers is diminishing, but believes the apathy is with the exhibitors more than the public. He sails tomorrow on the California for Hollywood after a 10-day vaca- tion here. Fine Reveals Allied Pickets as Paid Men The revelation that many Allied pickets are men outside the ranks of the union hired for the purpose was made yesterday at the hearing on the operator situation in the city before Referee Robert McC. Marsh. Sol Fine, business agent for Al- lied, admitted under questioning that it went to employment agencies for its pickets, who are paid $2 and $2.50 a day. He declared the union re- sorted to this practice because it did not have enough members for picket duty. The picketing activities have been going on at theatres employ- ing members of Local 306. Rinzler-Frisch May Drop Fox Met Spots (Continued from page 1) group are understood to be losing on the average of $1,000 a day, or $30,000 a month, it is understood. With the Fox Met circuit now in the process of reorganization, Randforce is taking the losses on the chin. The two independent operators have no contract with the bondholders' pro- tective committee, and likewise, no guarantee from the bondholders to cover the losses, it is stated. Although bondholders meet with Judge Julian W. Mack on Nov. 12 on reorganization matters, no definite plan is expected to be presented to the court. As yet the bondholders' com- mittee has not discussed a contract with Frisch and Rinzler and unless some means of covering the losses are made by the bondholders, it will be impossible for Randforce to continue to operate. O'Connor Visiting Edward O'Connor, head of M-G- M's branch in the Dutch West Indies, is in New York for the first time in six years. He plans to stay several months. Agency Code "Hearing" Is Capital Flop Washington, Nov. 1. — Government money spent for the rent of a room in the Willard Hotel today for the "hear- ing" on agency committee recommend- ations was wasted. Only five persons, but two of whom offered remarks, ap- peared for a 15-minute discussion of the proposed rules on agents. Excerpts from a letter from Ralph H. Blum, Beverly Hills, were read into the record by Division Adminis- trator Sol A. Rosenblatt, who pre- sided. This letter expressed the pro- test of west coast agents against hold- ing the hearing in Washington. The decision to hold the hearing here in- stead of in Los Angeles was declared by Blum to be "most outrageous." It was pointed out that the hearings af- fect the livelihood of "many individ- uals" and the claim was advanced that "all the persons affected thereby are domiciled" in Los Angeles and the de- mands of their business made it im- possible for them to cross the country. The complaint was answered by Ga- briel L. Hess, Hays office counsel, who declared there are as many agents in New York as in California and almost as many artists seeking employment. "In the past two or three years," he pointed out further, "production ac- tivities in the east have advanced to the stage that the east is now being recognized as a production center." The only discussion of the rules themselves was offered by Harold S. Bareford, representing nine of the large producers, who pointed out that a large number of the proposals are now in the code "and it is doubtful what the intention of the committee was: whether to take these provisions out of the code and adopt them in a supplementary code, or to amend and add to the provisions of the code." The hearing was adjourned for a period of 30 days, within which the Administration will make a decision as to the application of the rules. Labor Board to Get Union's Loew Claim New Orleans, Nov. 1. — A claim for $25,000 filed against Loew's State by the musicians' union alleging breach of contract will be referred to the Na- tional Compliance Board at Wash- ington, it was decided yesterday. Loew's insists that if it loses it will carry the case to court. Discharge Monnier Jury After deliberating for nearly 11 hours the jury in the Brooklyn Fed- eral Court which heard the charges that Maurice Monnier, a chauffeur, had sent a threatening letter to Mrs. William Fox was discharged by Judge Clarence G. Galston. Monnier will face a second trial Nov. 7. He is seeking bail. Not to Build in Miami Walter Reade does not intend to build in Miami despite reports to the contrary. The circuit operator re- cently visited the winter resort on a brief vacation, which started the rumors. Friday, November 2, 1934 MOTION PICTURE DAILY ASCAP Cites New Tax Deal As a Defense {Continued from page 1) collective bargaining through which the organization's music tax schedules, it alleges, are established. The answer also represents the exhibitors' com- mittee as "entirely pleased" with the compromise and sets forth that dur- ing the compromise negotiations "it was freely and unanimously stated by the members of the (exhibitors') com- mittee that the exhibitors of America would be confronted with a tremen- dously difficult and apparently in- soluble problem in connection with the use of copyrighted musical works, were the Society to be dissolved." This statement is regarded as A. S. C. A. P.'s answer to the portions of the Federal suit which seek the dissolution of the society as a monopoly in restraint of trade. That portion of A. S. C. A. P.'s answer intended to show that its music tax schedules are not "arbi- trarily" established, as charged, but are, rather, the result of pacts ar- rived at through collective bargain- ing,' lists as further evidence the ne- gotiations which, according to the answer, were consummated with M. P. T. O. of Michigan. M. P. T. O. of Virginia and committees represent- ing "an exhibitors' association of Minnesota and South Dakota" and one representing "an exhibitors' associa- tion of North Carolina." Names Twenty-three Groups The answer names 23 exhibitor trade associations as having been "combined to form a united front for jthe purpose of defeating the right of composers, authors and publish- ers to a reasonable royalty," it cites the "penny-a-seat war chest" cham- pioned by the exhibitors' emergency committee and charges the M. P. T. O. A. with an agreement "to issue questionnaires to every senator and congressman to get them committed to the fact that they would favor repeal of the law which secures per- formance rights to members of the society" and that "they proposed to tengage in lobbying on a large scale for congressional action and to en- 'gage 100 contact men for the purpose 'of inducing senators and congressmen ko act in favor of the united front and in opposition to the interests of ;the society." A. S. C. A. P.'s answer also re- ntes the history of exhibitor and broadcasters' litigation against the so- :iety and opposition to music taxes vvhich were either ineffectual or de- cided in the society's favor. It also ~ites the legislative campaigns of broadcasters, and exhibitor trade as- rciations. all of which, the answer -ays. were failures. A general denial trf most of the government's allega- ions is made, and specific denials are nade as to the existence of a music icensing monopoly, an attempt to reate one, restraint of trade or any inlation of anti-trust laws. The answer avers that the Federal "rade Commission, the Department of ustice. various congressional patents ommittees. Federal and state courts ave ruled in the oast that the so- iety is engaged in "a lawful and legi- i imate enterprise under the copyright aws." It also describes the work of the society in aiding underprivileged authors, composers and publishers and their relatives in terms that would make it appear the society is pri- marily a charitable organization whose extensive agencies spend as much time ferreting out worthy indigents upon whom it bestows its munificence as in discovering and* prosecuting unlicensed users of its copyrighted music. The answer, filling 42 pages of printed matter exclusive of exhibits, was written by the law office of Na- than Burkan. It was industriously publicized by Gene Buck, president of the society, who delivered it to the metropolitan newspapers in advance of its filing with the Federal court. Illumination Angles Come Before SMPE Illumination was the principal topic of discussion at the morning session of the S. M. P. E. convention at the Hotel Pennsylvania yesterday. The convention closed with the after- noon session. J. D. Edwards of the Aluminum Company of America described vari- ous ways of utilizing the reflecting properties of aluminum and how to make it shiny. His talk ranged from polished reflectors, to aluminum on glass to the use of aluminum paint. In a paper on "What Is Light?" S. G. Hibben of the Westinghouse Lamp Co. said that he wanted to discuss it from the latest concept which is that light is a wave motion and that all matter is crystallized electricity. Other subjects discussed at the morning session were : "High Inten- sity Mercury and Sodium Arc Lamps," L. J. Buttolph, General Elec- tric Vapor Lamp Co. ; "The Use of the High Intensity Mercury Vapor Lamp in M. P. Photography," M. W. Palmer, M. P. Lighting and Equip- ment Corp. : "Recent Developments in the Use of Incandescent Lamps for Color M- P- Photography." At the closing session in the after- noon the subjects were: "A Revolv- ing Lens for Panoramic Pictures," F. Altman, Hawk-Eye Works, Eastman Kodak : symposium on construction materials for processing apparatus. In- ternational Nickel Co., Carnegie Steel Co., Synthane Corp. ; "A Roller De- veloping Rack for Continuously Mov- ing the Film During Processing by the Rack-and-Tank System," C. E. Ives, Eastman Kodak ; "Training Future Cameramen," H. C. McKay, head of the N. Y. Institute of Photography. Indie Circuits May Reenter ITOA Soon (Continued from pane 1) in settling the local labor situation. Following this, the I. T. O. A. will sign the code and a move will be made to set up a clearance and zoning schedule for the entire territory. Harry Brandt, president of the unit, could not be reached yesterday for confirmation. Reports that major cir- cuits would join the I. T. O. A. are discounted by representatives of the organizations mentioned. Rejoining of the independent circuits was discussed at a meetiner of the hoard of directors earlier in the week. The move is said to have been started by Brandt, who is one of the leaders in the plan to set ut> a basic opera- tors' wage scale for the territory. He is a member of the fact finding com- mittee, which is now classifying the- atres preparatory to setting up the basic scale. Sinclair Row Stirs Indies of So. Cal. (Continued from page 1) dependent Theatre Owners can appre- ciate not only Sinclair's feelings, but those of the public when it comes face to face with the types, reasons and arguments of some of the individuals favoring Sinclair's candidacy. "We have a right to defend our busi- ness from unjust attacks such as Sin- clair's, just as newspapers would, if Sinclair should come out and say we need more censorship of printing of news to suit his peculiar political whims. "When Sinclair attacks C. C. Petti - john he attacks a man who has done more for the independent theatre owners of America than anyone in the industry, and to do him justice, we make this statement." On another line of battle in this historic and hectic election campaign the district attorney's office was re- quested through David Sokolo, listed as attorney on the stationery of the law enforcement committee of the County Central Committee of the Democratic Party, to call the chiefs of eight major studios before the Grand Jury to be interrogated in connection with alleged threats that studio em- ployes would be dismissed if they voted for Sinclair. Daniel Beecher, deputy district at- torney, said no subpoenas would be is- sued for studio heads, but, if the com- mittee would furnish the names of per- sons intimidated, they would be called before the Grand Jury to tell their experiences. The letter also charged the studios had been demanding one day's pay from all who earn more than $100 weekly for the Republican campaign fund. Harrison Explains Sinclair Attitude (Continued from page 1) Harrison is on the same side of the fence as the Democratic candidate for the governorship of California, Harri son declared yesterday, "I asked Sinclair if he favored the abolishment of block and blind book ing and a probe of the business. He replied he did and so I am with him. I have always advocated these issues. However, insofar as his EPIC plan is concerned, there is nothing I can say. I have not studied it," con- cluded the publisher of Harrison's Re- ports. Windisch in New Post Irving Windisch has been ap- pointed advertising and exploitation manager of the Warner Broadway houses, succeeding Charles Curran. He will share his duties with Zeb Ep- stein. Bershon West Tomorrow Dave Bershon of Westland Theatres in California leaves for the coast tomorrow after several days here. Westland operates six houses in Los Angeles. Close Two Radio Deals Jules Levy, vice-president and gen- eral sales manager of RKO Distribut- ing Corn., has closed deals with B. & K. in Chicago and the Harry Wein- berg circuit in Iowa for the entire 1934-35 Radio lineup. 6 First Year From Hearst For Warners (Continued from page 1) Miss Davies. Her statement approv- ing the deal is taken to indicate that she has not been entirely satisfied with the present M-G-M deal. It follows : "I feel very happy over my new arrangement with Warner Bros. I am confident that they will give me every cooperation in the production of my pictures and that I shall have greater individual opportunity. "I am leaving Metro-Goldwyn- Mayer with the kindliest feeling and appreciation of everything that they have done for me. I have only the highest regard for the Metro execu- tives, especially Louis B. Mayer and Irving Thalberg." Under the new arrangement, Jack L. Warner will be in personal charge of Miss Davies' as well as Cosmopoli- tan productions, it is stated. He issued an enthusiastic statement which read : "Speaking in behalf of my broth- ers, Harry and Albert, we are de- lighted and consider ourselves for- tunate in having obtained Marion Da- vies for a series of star productions, and our aim and ambition will be to produce pictures with Miss Davies that will create even greater success for her than she has heretofore at- tained. In addition to Miss Davies' starring productions, we will also produce a series of Cosmopolitan pro- ductions. "We consider the association with us of William Randolph Hearst and his tremendous organization as the greatest forward step that Warner Bros, have taken since the introduc- tion of the talking picture." Tri-Ergon Allowed To Sue Para.-Publix (Continued from page 1) litigants from continuing old actions or bringing new suits against a bank- rupt corporation. In tfie event Paramount Publix is reorganized without a new company being formed, Tri-Ergon would be in a position, as a result of the order, to proceed immediately with actions for injunction or accounting, according to responsible legal viewpoints. Delaware Tri-Ergon Move Up on Nov. 16 Wilmington, Nov. 1. — Judge John P. Nields in U. S. District Court has set Nov. 16 as the date for a hearing of a motion by American Tri-Ergon and Tri-Ergon Holding A. G. for a temporary restraining order against Loew's, Inc., M-G-M Pictures Corp. and Warners to prevent them from using disputed Tri-Ergon equipment until settlement of the patent suit. O MINUTE \ FILMS ACTION • SUSPENSE NOVELTY Samj&x Productions i^ijss 723 '7th AVENUE - ' NEW VORK'N.Y. I DID YOU EVER HEAR THE STORY about the exhibitor who telephoned Miss Anderson of Omaha 1 " (it's a NEW one on us, too!) Such fun when pretty Miss Anderson, of the M-G'M office in Omaha, answered a telephone call from the Mayfair Theatre, Shenandoah, Iowa. "I booked ' HOLLAND IN TULIP TIME' for three days," said the Mana- ager of the Mayfair. "I've been getting swell comments and want to hold it over." "Okay" said Miss Anderson, and imagine her surprise when that hold' over developed into an extended run! Originally booked for three days, this marvelous short subject ran ELEVEN DAYS! Take a look at "HOLLAND IN TULIP TIME." Then watch for "ZION, THE CANYON OF COLOR" and "IRELAND, THE EMERALD ISLE." They're Fitzpatrick Travel' talks, the only reels of their kind in technicolor. M-G-M's pride ! FITZPATR.ICIC TR.AV&L TALKS "»T€^NICOlOlt HOLLAND IN TUtlp_TlMB ZION, THE CAN VON OP COLOR. >Ji*eLAND THe eMSRALO The Leading Daily Newspapl ^fthe Moti Picture Industry MOTION PICTURE DAILY Alert, Intelligent the In in All Branches VOL. 36. NO. 106 NEW YORK, SATURDAY, NOVEMBER 3, 1934 TEN CENTS New Operating Deal Is Made On Music Hall RKO, RCA, Rockefeller Center in Agreement A new Music Hall operating agree- ment providing for autonomous oper- ation of the house in the future was completed yesterday and filed with the U. S. District Court here for approval. The agreement, made jointly by RKO, RCA and Rockefeller Center, provides for a readjustment of RKO's indebtedness to RCA resulting from the latter's guarantee of rental defi- cits on the Music Hall. Rockefeller Center was authorized in the past to draw upon funds advanced by RCA whenever Music Hall profits were less than the minimum rental partici- pation agreed upon between RKO and Rockefeller Center. The agreement appears to indicate ihat Rockefeller Center's operation of the house, under the direction of W. G. Van Schmus, will be an independ- ent one. Indications are, however, that a minimum amount of RKO product will be contracted for annually. Xeither Van Schmus nor M. H. Aylesworth could be reached for com- ment on the agreement last night. Deal on RKO Notes Approved by Court Approval of the agreement reducing die monthly maturities of $1,500,000 di" RKO secured notes held by Con- solidated Film Industries was given v-esterday in an order signed by Fed- eral Judge William Bondy directing {Continued on page 2) "Happiness" Pulls $77,000 for Week "The Pursuit of Happiness" at the Music Hall held up nicely last week :ompared to grosses of other houses along Broadway. The intake for the Paramount picture was $77,000. The Roxy on the second week of "Little (.Continued on page 4) Whitney to Produce Technicolor Series Los Angeles, Nov. 2. — Plans to •pend a minimum of $7,000,000 on a ?roup of nine or more Technicolor matures to be produced by Pioneer (Continued on page 4) Supreme Court Is Asked To Review Tri-Ergon Case Equity Council Ratifies Plan For Actors 9 Guild Affiliation The council of Actors' Equity Ass'n, formally ratifying the affiliation agreement with Screen Actors' Guild, yesterday voted to create a new affiliate membership class in Equity to include members of the guild. Coincident with the action, the council authorized the drafting of new bylaws by which persons qualified for the new Equity affiliate membership shall be members of the guild, which now becomes "the motion picture division in California of Actors' Equity Ass'n." The formal affiliation agreement drawn by Equity's legal department is being forwarded to the governing board of the guild "for their favorable action," Frank Gillmore, Equity president, said. Under the agreement there will be no Equity representation on the guild's board, nor guild representation on Equity's council. Neither will Equity ask any direct dues of the guild, it is under- stood, although the guild will be expected, of course, to bear its share of dues paid into the A. F. of L. Assessments For Code Are Finally Set Washington, Nov. 2. — Producer- distributor assessment schedules today were finally agreed upon and are now in process of receiving the approval of the various NRA officials whose signatures are necessary to make them effective. Pointing out that there are some 300 independents and 12 larger con- cerns, Administration officials de- clared that it does not aopear unfair to expect 96 per cent of the compa- nies to contribute the $18,000 asked, (Continued on page 4) Film Labeling Is Opposed by Baltimoreans Baltimore, Nov. 2. — The system of labeling productions "A" and "F" as to their suitability for adults or for the family does not appeal to three exhibitors in this city interviewed on the matter so far. J. Harry Gruver, proprietor of the Glen, Glenburnie, Md., and manager of the New Theatre, first run here, thinks parents should find out for themselves by calling the theatre and asking the manager for such informa- tion because he always tells the truth (Continued on page 4) K. C. Is Nettled by Majors ' Stand on Clearance Setup Kansas City, Nov. 2. — Objections by major company sales heads to Kansas City's new clearance schedule are termed "ridiculous" by members of the local clearance and zoning board. Distributors' chief objection that identical availability to subsequents charging the same admission would create a print shortage is answered by exchange managers with the assertion that this system has been in vogue here for the last five years and at no time has it created a shortage. Local exchange executives are at a (Continued on page 4) Para. Charges Fox with Attempting to Coerce Entire Industry By CLARENCE LINZ Washington, Nov. 2.— Charging that William Fox is using the recent decisions favorable to American Tri- Ergon "to coerce substantially the entire industry," Paramount Publix today asked the U. S. Supreme Court to reconsider its recent action in re- fusing to review the suit. "There is no conflict of decision as between different circuits on the ques- tion of the validity of this patent," the company admitted in its petition, "but," it added, "events have occurred since the denial of the writ which clearly take the case outside the gen- eral rule requiring a conflict of deci- sions as a prerequisite to the grant of a writ of certiorari in the ordinary patent case." Since the court refused to review the case, it was said, suits have been filed against 18 companies, including M-G-M, Warners, Columbia, First Division, Universal, Consolidated Film Industries, 20th Century, Monogram, Reliance and several laboratories, thus including, it was declared, "large sources of production of motion pic- tures, including substantially all of the (Continued on page 3) Tri-Ergon Mandate Argued in Brooklyn Contending that it would be unduly injured if a mandate putting into effect the original decree of Judge Marcus B. Campbell in favor of American Tri-Ergon were to be issued, Para- mount Publix moved in Federal Dis- trict Court at Brooklyn yesterday to obtain a modification of the decree which enjoined Paramount from using (Continued on page 3) Changes in Phila. Boards Are Denied Washington, Nov. 2. — Reorgan- ization of the Philadelphia clearance and zoning boards was today refused by Division Administrator Sol A. Ro- senblatt in answer to complaints from the Independent Exhibitors' Protec- tive Ass'n., Inc., of that city, that because of their tieup with Warner through their membership in the M. (Continued on page 4) MOTION PICTURE DAILY Saturday, November 3, 19341 MOTION PICTURE DAILY (Registered U. S. Patent Office) Vol. 36 November 3, 1934 No. 106 Martin Quigley Editor-in-Chief and Publisher MAURICE KANN Editor JAMES A. CRON Advertising Manager Published daily except Sunday and holi- days by Motion Picture Daily, Inc., sub- sidiary of Quigley Publications, Inc., Martin Quigley, President; Colvin Brown, Vice-President and Treasurer. Publication Office: 1790 Broadway, New York. Telephone Circle 7-3100. Cable ad- dress "Quigpubco, New York." All con- tents copyrighted 1934 by Motion Picture Daily, Inc. Address all correspondence to the New York Office. Other Quigley pub- lications: MOTION PICTURE HERALD, BETTER THEATRES, THE MOTION PICTURE ALMANAC and THE CHI- CAGOAN. Hollywood Bureau: Postal Union Life Building, Vine and Yucca Streets, Victor M. Shapiro, Manager; Chicago Bureau: 407 South Dearborn Street, Edwin S. Clif- ford, Manager; London Bureau: Remo House, 310 Regent St., London, W. 1, Bruce Allan, Representative. Cable address: "Quigpubco, London"; Berlin Bureau: Berlin - Tempelhof, Kaiserin - Augustastrasse 28, Joachim K. 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Bike Riders Attract Temporarily parking several plate glass windows directly on the corner of Broadway and 7th Ave., Arthur Mayer of the Rialto rigged up four bicycles and riders for the opening of "The Six Day Bike Rider," new Joe E. Brown feature. The boys, drawing their pay from Quaker Oats on a tie-up with the Rialto, trundled all day and attracted plenty of looks from passers-by. So good an attraction-getter was the stunt, which is to be continued throughout the run, that the running electric news ribbon of the New York Times met, faced and lost out to com- petition probably for the first time since it began operations. Foreigns for Gaiety Samuel Cummins and J. A. Koerpel of Samjax Corp. state that first run foreign pictures and not shorts will play the Gaiety when it is opened by the new company the evening of Nov. 13 with "The Man of Courage," the English adaptation of the Italian film "Camicia Nera" ("Black Shirt"), authored by Premier Mussolini of Italy. Home Going to Coast Hal Home flies to the coast Wed- nesday for conferences with Darryl Zanuck on campaigns for "The Mighty Barnum," the first picture the producer has turned out since his re- turn from Europe. E. M, Loew and Para, Suit Settlement Set A settlement of the long-pending $5,099,000 anti-trust suit brought against Paramount Publix by E. M. Loew of Boston has been agreed upon and a petition asking court approval of the settlement will be submitted to Special Master John E. Joyce here within the next few days. The settlement figure, it is under- stood, exceeds $100,000. A special master assigned by the Federal court at Boston to take testimony on the case recommended damages in a large amount in favor of Loew some time ago. Final damage awards in anti- trust cases are trebled. Paramount recently settled the $5,- 100,000 anti-trust suit brought by the late Edward Quittner, Middletown, N. Y., exhibitor, for $10,000. A set- tlement of the anti-trust suit brought by A. B. Momand of Oklahoma for $4,900,000 damages is not yet in work, although scheduled for negotiation in the near future. Myke Lewis on Coast Los Angeles, Nov. 2. — Myke Lewis has arrived by plane from New York after attending the Paramount sales meeting in Hot Springs. He con- ferred with home office executives in New York for three days. Toronto, Nov. 2. — Maurice Mulli- gan, Paramount general manager in Canada, has returned from New York and Hot Springs meetings. Denver, Nov. 2. — Hugh Braley, Paramount district manager, is back from the east, where he attended sales conferences with home office and field executives. Loew Opens Boston Road Formal opening of the Boston Road by Loew's was held last night. The house was last operated by Henry Seigel. Loew's took it over when the circuit dropped the Freeman. Muni's Mother Passes Hollywood, Nov. 2. — Mrs. Sallie Nasatir, 67, mother of Paul Muni, is dead at Van Nuys. She had been ill a long time with diabetes. Open 'World War' Nov. 7 The premiere of Fox's "The First World War" at the Rialto has been advanced to next Wednesday even- Mundin, Williams For Dickens Story Hollywood, Nov. 2. — Herbert Mun- din has been borrowed by M-G-M from Fox for the role of Barkis in "David Copperfield." Hugh Williams has been loaned by the same company for the role of Steerforth in the same picture. Twentieth Century has loaned Sid- ney Lanfield to M-G-M to direct "Copy Cat." Everett Rhodes Castle has joined the M-G-M writing staff and the company has taken an option on his "First of the Month" series. Edwin Knopf, writer, and Isabel Jewel, player, have had their options exercised. Tries New Lithograph Charles Reed Jones is trying a new lithograph process in film advertising which makes reproductions direct from the original drawing which the artist does on the stones. The drawings are by Howard Simon, well known artist. His first is on Chesterfield's "The Curtain Falls." Weeks Leaves for West George Weeks, general sales man- ager for Gaumont British, left last night for Los Angeles and will make several stops en route, lining up new sales forces in the west. He'll be gone about a month. Goes to "Wide Range" POUGHKEEPSIE, N. Y., Nov. 2. — The Bard Avon, Publix house, opens Saturday night with Erpi "Wide Range'' and is staging an extensive advertising campaign to herald the event. Kelly Heads for Tokio Shanghai Nov. 2. — Arthur W. Kelly, vice-president in charge of for- eign distribution for United Artists, left here yesterday for Tokio. He will arrive there Nov. 9. Rogers-Ayres Wed Soon Hollywood, Nov. 2. — Ginger Rog- ers and Lew Ayres will be married on or about Nov. 10, according to an announcement by the former's mother. Para, to Show "Rhythm" Paramount will hold a trade show- ing of "College Rhythm" at the Astor next Wednesday morning. Columbia U p One on Big Board High Low Close Columbia Pictures, vtc 36 36 36 Consolidated Film Industries 3}£ 354 Consolidated Film Industries, pfd 15& 1554 15& Eastman Kodak 105M 10554 10554 Fox Film "A" 125? 1254 12Ji Loew's, Inc 3054 3054 3054 Loew's. Inc.. pfd 97 96>6 97 M-G-M, pfd 2654 2654 26}4 Paramount Publix, cts 45-6 3^ 4 RKO 144 M 1?4 Warner Bros 454 4J4 Net Change +1 - y* + 54 + 54 + Y» +1 + 54 Sales 100 200 1.700 600 1,000 3,500 400 200 4.300 4.000 2.900 Technicolor Advances Quarter on Curb Technicolor Net High Low Close Change Sales .13 13 13 + 54 300 Warner Bonds in 2-Point Rise High Low Close Keith B. F. 6s '46 6354 6354 6354 Loew's 6s '41, ww deb rights 103% 1035/6 1035/6 Paramount Broadwav 554s '51 41 41 41 Paramount Publix 5!4s '50 5554 5554 5554 Pathe 7s '37, ww 99 98% 99 Warner Bros. 6s '39, wd 5954 57*4 S9V2 Net Change Sale - 54 + 54 + Vs +2 Korda Is Made Colourgravure Board Member By BRUCE ALLAN London, Nov. 2. — (By Mail)— Alexander Korda, managing director of London Film Prod., and Montagu Marks, director, have joined the board of Colourgravure, Ltd., and Harry George, secretary of London Films, has become secretary of Colourgra-J vure. Korda will use the Hillman three- color process controlled by Colour- gravure on a full length feature to be made immediately the London Films studio at Elstree is completed in the spring. It is thought likely that "Joseph and His Brethren," the biblical spectacle from the novel by Thomas Mann, may be the selected subject. London Films has been associated with Colourgravure, Ltd., a subsidiary company of Gerrard Industries, Ltd., for some time past and has conducted extensive experiments, but the com- mercial association of the two com- panies will now be much closer. Gerrard Industries is transferring to London Film Prod, a proportion of its share holdings in Colourgravure, Ltd., and will receive in exchange income debentures, convertible into shares, of London Film Prod. London has also secured an option on further Colour- gravure shares. It will pay a royalty to Colourgravure on all footage made by the process. Colourgravure prints, it is claimed, will entail only a slight increase in costs as compared with black and white. Deal on RKO Notes Approved by Court (Continued from page 1) RKO to proceed with the carrying out of the agreement. Judge Bondy, however, has in- structed Irving Trust Co., trustee for RKO, to make efforts to obtain a bank loan at four or five per cent with which to retire the entire amount of the obligation at one time. Under the agreement with Consolidated, RKO is given 45 months in which to retire the notes with interest at six per cent. The maturities are $25,000 per month, plus interest, on the first of each month up to and including Feb. 1, 1937, and retroactive to Sept. 1 last, and $50,000 on the first of each month beginning March 1, 1937, and ending May 1, 1938. Simultaneously with the court's ap- proval of the agreement RKO pays to Consolidated the Sept., Oct. and Nov. 1 maturities of $25,000 each, plus interest. The old maturities called for payments of $300,000 on the first of each month up to and including Jan. 1, 1935. an arrangement which was described as "physically impossi- ble for RKO to fulfill" by counsel for Irving Trust. Sue Mume Hall for Libel W. G. Van Schmus was named with the Music Hall, of which he is man- aging director, in a $500,000 libel suit filed yesterday by the act of Lowe, Burnoff and Wensley. MOTION PICTURE DAILY MOTION PICTURE DAILY* HOLLYWOOD PREVIEW "Flirtation Walk" {Warners) Hollywood, Nov. 2. — All the glamour of West Point thrillingly climaxing a romance between Dick Powell and Ruby Keeler sets this military musical in the plus class for showmen. The production has exceptional exploitation possibilities for patriotic ballyhoo besides the sterling entertainment values of youth, comedy, tunes and spine-tingling parades. Powell, an army private in Hawaii, falls in love with a general's daughter, Ruby Keeler. His near court martial and frustrated desertion separate them. They meet again when her dad is appointed superin- tendent at West Point where Powell is a cadet. The romance is embroidered with humor and charm and makes a swell contrast for the blare of bugle and beat of drum. Evident through- out is the sure-handed direction of Frank Borzage. Powell makes an ideal cadet, his boyish personality tailored to his uniform, his star magnetism enhancing with each succeeding picture. Miss Keeler handles her lines easily and herself gracefully. Pat O'Brien is a standout as Sergeant Thornhill, Powell's army nemesis. Ross Alexander again demonstrates his abilities, which point upward. John Arledge, John Eldridge, Henry O'Neill and Guinn Williams contribute neat portraits in support. The screen play by Delmer Daves is from an original by him and Lou Edelman. The photography by Sol Polito and George Barnes is topnotch. Containing showmanship, entertainment and personality attributes, this production presages good business plus in direct proportion to ex- ploitation. Production Code Seal No. 350. Running time, 85 minutes. Shorts Saturday, November 3, 1934 Patent Case (leview Asked Of High Court (Continued from page 1) jroducers and processors in the rnited States." To give support to its petition, the bmpany contended that the Circuit ,ourt of Appeals reached an errone- us conclusion on the question of the ventions and devoted part of its brief ii a defense of that charge. However, lie major point was disclosed to lie E the efforts of Fox to collect on .ie decision which the court last tionth in effect upheld by refusing a view. "Since the denial of the writ of .•rtiorari the overwhelming majority I motion picture producers have been aed in the Second Circuit where the mrts are committed to the validity : the patent and respondent can thus rhieve its purpose without extending ligation beyond the Second Circuit, herefore, the court should not dis- ose of this petition upon the mere round of lack of a conflict of deci- on. "A decree of infringement in the lecond Circuit against the infringer," was pointed out, "will bind it not |nly in that circuit but throughout ne whole United States and will per- mit the patent owner, in further pro- jedings in the Second Circuit, to ave accountings for infringements :curring anywhere in the United tates." Papers in the case were presented y Charles Neave, attorney for West- rn Electric. On Oct. 8 the Supreme Court re- used to review a suit covering the alidity of the American Tri-Ergon stents on double printing apparatus nd a flywheel attachment used in re- roducers. The defendants in the case, begun i 1932, were Paramount Publix, sued n the double printer, and YVilmer Vincent and Altoona Publix, on the ywheel. The case was originally filed i Harrisburg. but was heard in cranton and taken to the U. S. Cir- jit Court of Appeals by the defend- nts after the validity of the patents ad been upheld in the lower court. vri-Ergon Mandate Argued in Brooklyn (Continued from pane 1) ie double print patent and ordered n accounting before a special master. Judge Campbell's decree against 'aramonnt, issued in the Brooklyn 'ederal Court Oct. 11, 1933, was sus- ended pending appeals to the U. S. 'ircuit Court of Appeals and the U. . Supreme Court. With the refusal t the high court to review the case, 'ri-Ergon petitioned Judge Campbell esterday for an interlocutory decree utting into effect the findings of a ear ago. Charles Neave, attorney for West- rn Electric, which is defending 'aramount, retaliated with a petition 3r an order to show cause why the ourt should not withhold entry of ny decree until counsel had had an pportunity to be heard on the pro- isions to be contained in the inter- 3cutory dec-ee. Neave argued that "What a Business" (Mentone-Universal) This is an average short which should give the same degree of sat- isfaction. Tied in slimly with the efforts of Smith and Dale, one the booking agent and the other the the- atre operator, to sell and unsell each other is a series of vaudeville turns contributed by the Four Inkspots, colored jazz crooners; Gloria Grafton, blues singer; Bill Telaak, eccentric dancer and clown, assisted by Sally Payne and Bill Brown, and a final production number known as the Rus- sian Revels. Milton Schwarzwald's accompanying musical score is excel- lent in the jazz manner. Production Code Seal, No. 0178. Running time, 18 mins. "Well, By George" ( Universal) George Price, radio personality and stage star, is featured in this Men- tone production. Others in the cast are Dave Craft, Ramona and Mills, Gold and Ray. It is a pleasing short of the typical Mentone variety and should amuse. Code seal, No. 147. Running time, 20 mins. the provisions of the decree as it now stands were too broad and could in- jure Paramount to an extent not in- tended by the original decree. He averred in particular that the wording of the decree as ft now stands could extend the injunction "to run against the products of the patented process," or the films themselves. Judge Campbell reserved decision on the petition, but indicated he would make his ruling by Monday. "The Goddess of Spring" (Disney-U.A.) Exceptionally beautiful and eye-fill- ing is the color in this latest Silly Symphony done in Technicolor by Walt Disney. It is the story of Persephone, the Goddess of Spring, and her abduction by Pluto, king of the underworld. The musical accom- paniment is perfectly synchronized and is highly appropriate. Should create comment wherever played. Code seal, No. 344. Running time, 8 mins. "Going Places" (Universal) The third of this series should main- tain audience interest equally as well as the preceding ones. It has Lowell Thomas' comments and very good photography. Scenes of the island of Rhodes open the reel and shots of the old Hospital of the Knights are particularly interesting. From Rhodes the audience is taken to the African veldt and shown animals in their native habitat. Skiing in the Alberg Alps winds things up. No code seal. Running time, 10 mins. Cosmopolitan Renamed Dover, Del., Nov. 2. — Cosmopolitan Prod., Inc., Ltd., a Delaware corpora- tion, changed its name to Cosmopolitan Corp., New York City. The Corpora- tion Trust Co. of Wilmington is agent for the company. No special significance attaches to the name change, it was stated at the Hearst offices here. It was described as an inter-company move. 3 < Purely Personal ► HENRI KLARSFELD, general manager for Paramount in France, Belgium and the French colonies of northern Africa, gets into New York Tuesday aboard the lie de France for conferences with John W. Hicks, Jr., vice-president of Para- mount International. Diamond Brothers were forced to withdraw from the Capitol stage show yesterday when Harold Dia- mond, a member of the act, sprained his hand at the opening performance. Eric Wolfgang Korngold, signed to handle the musical arrangement for Warners' production of "Midsummer Night's Dream," reaches the coast to- morrow. Jerome P. Sussman, general man- ager for Paramount in Central America, left for Panama yesterday on the California after home office conferences. Earle Sweigert, president of the Variety Club in Philadelphia and branch manager of the Paramount exchange in that city, was in town yesterday. Robert Loraine, British actor, the next day or so will be on the way to England, where he plans to go into production work. Mary Pickford arrives on the Cen- tury tomorrow for a series of broad- casts from New York. The first will be "Michael and Mary." Anna Sten leaves for Hollywood today after a short visit here to at- tend the opening of "We Live Again" at the Music Hall. Robert Hurel, manager of Cana- dian Film Co., sails on the Lafayette today. Constance Collier leaves for the coast tomorrow to begin work under her contract with M-G-M. Arline >de Haas has joined Gau- mont British as head of the publicity department. J. Arthur Hirsch arrives from Canada today. Oscar Oldknow leaves for the coast tomorrow. Fairbanks Withdraws From London Films Hollywood, Nov. 2. — The sale of Douglas Fairbanks' holdings in Lon- don Films to Alexander Korda was completed yesterday, according to con- firmation received here today by the actor. The transaction also cancels Fairbanks' starring contract with the company after completing one film, "The Private Life of Don Juan." The reason for the sale, it is said, was to allow the star to make his future pic- tures here. Campi Did Not Decide Although coast advices had it that Code Authority reversed the Los An- geles board in a decision involving the F.W.C. Uptown and Warners' Forum, Campi yesterday stated no action has been taken on this appeal. Motion Picture Daily on Wednes- day reported that the two houses were put back in the same zone after the local clearance and zoning board separated them. MOTION PICTURE DAILY Saturday, November 3, 193 4 Majors' Stand On Clearance Nettles K. C. (Continued from page 1) loss to understand why distributors take the position they do toward the Kansas City plan, since there have been only a few objections to it local- ly. They maintain that delay in es- tablishing clearances is seriously re- tarding new product deals with sub- sequents. Clearance board members, who evolved the schedule after a series of hearings and meetings starting last spring, are quite nettled and chag- rined. A spokesman for the board points out that a possible print shortage is largely averted by the schedule's pro- vision delaying availability 14 days to theatres which do not maintain a fixed admission price. "It may be that some of the provi- sions are not very clear to anyone not familiar with the local situation," said a board member who is also a dis- tribution manager. "But the schedule is workable and practical, and I am sure that when its provisions are un- derstood it will be acceptable to my company and to everyone else in New York." Stressing that identical availabilities to subsequents have proved feasible here, observers regard it as possible that a print shortage could occur un- der these conditions in a large key city like Chicago, but it is considered remote in Kansas City unless the dis- tributors intend to curtail the number of prints. The lapse of seven days between minimum and maximum availability between runs which code committee members are reported unable to un- derstand is explained as a measure of convenience, giving subsequents that much time in which to date. This permits dating on the day the theatre changes its program. "It looks as if the major distributors are out to sell protection," was the reaction of Jay Means, president of the I. T. O., to the objections of sales executives to the clearance schedule. Equipment Men Hit New Snags on Code Washington, Nov. 2. — Internal difficulties of theatre equipment and supply dealers were again aired before the National Recovery Administration today when proposals for a code sub- mitted by the Independent Theatre Supply Dealers' Ass'n. were opposed by the National Theatre Supply Co. As was the case a year ago, when the first effort to secure a code was made, National challenged the right of the association to speak for the in- dustry. The company has 28 branches which, if considered as separate units, would be a large proportion of the total number of establishments in the trade, it asserts. The code, a supplement to the mas- ter wholesale code, was presented by J. E. Robin, president of the associa- tion, supported by Mrs. M. G. Ash- croft of the Sears Ashcroft Mfg. Co., Los Angeles, who explained her firm would not come under the code, but was vitally interested because it could no longer "finance dealers" whose "unfair practices" had made it im- possible for them to meet their bills. Explaining that his organization was operating under the recovery pro- gram, R. B. LaRue of National The- atre, declared that the benefits of the code would not be justified by the in- convenience and expense. He attacked the right of the association to set it- self up as speaking for the industry and charged that it had attempted to bolster its position by securing "proxies" from establishments not in the industry. The code, as submitted contem- plates the adoption of labor provisions and trade practice rules, including the setting up of an open price arrange- ment. Changes in Phila. Boards Are Denied (Continued from page 1) P. T. O. A. the three exhibitor mem- bers might in the future be found to be biased. Charges were submitted to Rosen- blatt in a letter signed by Morris Wax, chairman of the board of gov- ernors of the associatiqn, a new or- ganization claimed to have a member- ship of 104 unaffiliated theatres, in which it was declared that the M. P. T. O. of Eastern Pennsylvania, Southern New Jersey and Delaware was "antagonistic." The association, it was claimed, has no representation on either board. Philadelphia is in the process of being re-zoned, and the members of the association, "being denied ade- quate representation on the clearance and zoning boards, cannot and will not be a party to the re-zoning," Wax asserted. It was stressed the associa- tion has no objection to the exchange members, but objects solely to the three exhibitors, who might at some future time be found to show "parti- san bias," which might preclude the possibility of a fair re-zoning sched- ule. Answering the complaint, Rosen- blatt declared that exhibitor appoint- ments were given the approval of the organization existing at that time, which was understood to be seeking to protect the interests of the inde- pendents. If the board was satisfac- tory at that time, he said, it should be satisfactory now and specific infor- mation as to maladministration will be required before any change is made. "The objection which you raise to the exhibitor members is based upon a statement of alleged antagonism which might cause them to approach situations with a partisan bias," he said. "If the members when appointed were recognized as being fair and im- partial, merely by reason of the fact that they do not belong to your or- ganization they should not be dis- qualified for further service." Coast Bank Nights Hit in Two Rulings Los Angeles, Nov. 2. — The griev- ance board has ruled against two more bank nights by deciding in favor of the York Theatre against the High- land and for the Majestic against the Wilshire, all in Santa Monica. The re-hearing of Bard's Pasadena against F. W. C. on an overbuying charge resulted in a ruling for F. W. C. Assessments For Code Are Finally Set (Continued from page 1) particularly in view of the fact that it was originally contemplated they should contribute $30,000 of the $180,- 000 to be raised. Nevertheless, in order that the full interests of the the independents may be protected, provisions have been inserted in the schedule, under which the total con- tribution of the group cannot exceed $18,000, and substantial revision of the schedule is promised for 1935, when it will be possible to secure ac- curate figures on the amounts con- tributed. The order of approval for the pro- ducer-distributor schedule carefully in- sures that the contributions of the independents will be limited to this amount. Should members of the in- dustry whose annual sales are less than $750,000, which includes substan- tially all the independents, contribute a total exceeding $18,000, the excess may not be spent, but must be set aside and credited to members in this group pro rata, according to con- tributions. This credit is to be applied to their assessments for the next budgetary period, commencing Jan. 1, 1935, for which it is anticipated that a substan- tially revised basis of contribution will be submitted. If, as seems possible, the credits will be more than suffi- cient to cover assessments for the per- iod, the excess will, of course, be re- funded. Average Contribution $60 The minimum assessment provided, for firms whose sales were less than $12,000 per annum, is $120, while con- cerns in the $100,000 class will be re- quired to pay $700. To raise the re- quired $18,000 from 300 concerns will require only an average contribution of $60. It is for this reason that the Administration has every assurance that the adjustments required by the order will have the effect of very sub- stantially decreasing the net contribu- tion of the independents. Special safeguards are provided in the order for very small concerns whose annual sales do not exceed $12,- 000 and who find the assessment of $120 provided for their group unduly burdensome. The Code Authority is ordered to adjust any claims for ex- emption from members in this group, subject to approval by the Adminis- tration. Attention is called to the fact that the right to claim exemption is not limited to members in this group and that administrative orders specifically provide that any member of the in- dustry who considers his assessment unfair may appeal to Code Authority for relief and thence to the Adminis- tration, or direct to the Administra- tion. The exhibitor assessment schedule has been given the approval of the Administration, having been _ unop- posed, except by one organization, which, however, made no serious ef- fort to secure amendments, but ap- peared more desirous of developing the thought that it was, in the case of that group, "taxation without repre- sentation." Film Labeling Is Opposed by Baltimoreans (Continued from page 1) about a picture he is showing and H believes other managers will do t'r same with any of their patrons. J Meyer Leventhal, managing directc of the Philip J. Scheck Enterprise* said: "The idea would be okay if - would work out as planned — that : if the parents would accept the class fication in the spirit of help in whic i it is meant. "Motion pictures are created for tr j whole family and if any classificatio \ is made definitely for patrons it wi i eventually ruin all patronage, pai ticularly in neighborhood houses b( . cause those listed "A" parents woul think unfit for children and thos listed as "F" would be considered n< interesting to adults." J. Louis Rome, managing directc i of Associated Theatres, operating 1 neighborhoods in Baltimore, has foun that parents do the selecting of pic tures and he believes they know a i much about films as they are release i as the exhibitors. For this reaso 1 he believes any attempt at classifies tion by exhibitors is entirely unnecT sary. "Happiness" Pulls $77,000 for Weel (Continued from page 1) Friend," aided by Dizzy and Daff Dean in person, garnered $24,50( which is $8,000 less than the firs] stanza. "The Age of Innocence" at the Pal ace and "What Every Womai Knows" at the Capitol took in $14, 500 and $31,700, respectively. Firs! week of "Mrs. Wiggs of the Cabbag Patch" was good for $27,000 and th< Strand with "Madame Du Barry' ended the week with $14,492. Twi English pictures fared very poorly "Loyalties" at the Mayfair taking ii $4,500 in five days and "Man o Aran" garnering $4,200 on a two-a day policy at the Criterion. Whitney to Produce Technicolor Series (Continued from page 1) Pictures were made public last nigh' by John Hay Whitney before leaving by plane for New York. It was also revealed by Whitney that Merian Cooper, upon comple tion of his two-picture contract witf Radio, will join his company as vice- president in charge of production o) the series, regarding which no re-, leasing arrangements have been made thus far, except for the first, "Becky Sharp." This film, which will be re- leased through Radio, goes into pro- duction Nov. 30. Whitney, with visions of a great future for color pictures, has re- tained Robert Edmond Jones for his knowledge of color and lighting. Upon his arrival in New York, Whitney will set up headquarters there in the Grand Central Terminal Building and will organize a complete staff. He plans to get back to the coast around Thanksgiving Day. Picture Industry MOTION PICTURE DAILY Alert, Intelligent VOL. 36. NO. 107 NEW YORK, MONDAY, NOVEMBER 5, 1934 TEN CENTS Studios Watch Equity Moves, But Are Quiet Union Labor Support Is Believed Unlikely Hollywood, Nov. 4.— Producers are maintaining an attitude of watchful waiting insofar as the proposed Ac- tors' Screen Guild and Equity merger is concerned. They will not discuss it individually and the Producers' Ass'n has also maintained silence, but the impression prevails they are not par- ticularly disturbed. > Failure of the Producers'-Actors' Five-Five Committee to agree on any point in connection with code prac- tices is held to be the reason the guild has resorted to Equity in order to strengthen its demands with organ- ized labor support. Observers here agree that producers might accede to some of the players' demands, but the impression prevails that resort to a strike would not get acting talent any further than did the Equity row in 1929. Production is ahead of schedule, and cameramen and sound men have their own organizations. Carpenters, grips and other studio unions are not usu- ally sympathetic toward the problems of players, because of the prevailing attitude of their membership that ac- tors get more than they are worth. In the Equity trouble of 1929 lead- ing players under contract held to their contracts. Many of these are members of the guild and it is believed they would do the same thing again. U. A. and Loew Agree Upon Day, Date Deal Hollywood, Nov. 4. — United Art- ists has entered into a temporary arrangement with F. W. C whereby, beginning Nov. 15, the Chinese and Loew's will play day and date, with "The White Parade" starting the new policy. Lack of U. A. product to keep the Chinese going necessitated the arrange- ment. Like Loew's, the Chinese will drop prologues. Sid Grauman will remain in charge. S. & C. Houses Gain On a Skouras Deal Failure of Skouras and RKO to get together on a pooling arrangement for the Riverside and 81st St. has worked to the advantage of Springer & Co calis. Heretofore operating the Stoddard (Continued on page 4) $18,000,000 Offer for F.W.C. Assets on Way Memphis Long User of Film Ad Lettering Memphis, Nov. 4. — The audience suitability classification idea has long been in use here by M. A. Lightman's Community Theatres, which print in their daily ads the marking designat- ing adult, adolescent or family pic- ture. This plan differs from the War- ner Philadelphia idea in that Light- man's houses use the designation fixed by the Better Films Council rather than their own decisions. This is done in addition to the week- ly classification guide which the coun- cil prepares and releases each Sunday through The Commercial Appeal. Local theatres otherwise have been more or less set against the idea, al- though the opposition seems to have faded within the past few months. The Orpheum has on several occasions in- serted in its advertising matter the words "not for children." Warner executives here are, of (Continued on page 2) Warners Proclaim Lettering Success Philadelphia, Nov. 4. — Warners took large newspaper space yesterday in all the dailies to proclaim the suc- cess of its audience classification plan. Under the heading, "The Stanley- Warner Plan Is a Success !" the advertisement reproduced editorial comment which greeted the idea of tabulating each photoplay with an "A" or an "F." The idea has caused considerable comment both in news- papers and at local club meetings, particularly among the women's clubs. Mississippi MPTO To Battle 10% Tax Jackson, Miss., Nov. 4. — The M.P.T.O. of Mississippi has decided to descend en masse on the legislature when it convenes and fight for a re- peal of the present 10 per cent amuse- ment tax. It is really a 12 per cent tax, since the sales tax is added. No (Continued on page 2) Different Spelling Kansas City, Nov. ,4. — An exhibitor was booking some pictures at a local exchange the other day. Inquiring about a western, he asked: "Is this a Maynard or a Steele?" "It's a Maynard," replied the broker, "but at the price you're buying it it's a steal." Music Hall to BeControlled By a New Unit A new corporation, understood to be wholly owned by Rockefeller Center, has been formed to become lessee of the Music Hall under the new agree- ment between RKO, RCA and Rocke- feller Center covering the future oper- ation of the house, it was learned on Saturday. If the agreement is approved by the Federal district court here, following a hearing scheduled for Nov. 9 before Federal Judge William Bondy, oper- ation of the Music Hall will, in effect, be independent of RKO. W. G. Van Schmus will continue in charge of (Continued on page 4) Big Nebraska Suit May Be Tried Soon Lincoln, Neb., Nov. 4. — Federal Judge T. C. Munger has called a jury to hear a number of matters here Nov. 7. No cases have been set down for trial, but it is believed the pending four suits filed by Ne- braska theatre owners against 13 dis- tributing agencies will be heard. The theatre men, C. N. Robinson of Blair, Eric Wesselman of Pierce, (Continued on page 2) Buffalo Board Stops Non-Theatre Service Buffalo, Nov. 4. — Film Classic Exchange, Inc., has been ordered to stop servicing a non-theatrical ac- count, the Casino de Paris restaurant in Olean by the grievance board. F. (Continued on page 2) Chase, Fox Film Set on Plan — Revamping Gets Closer Los Angeles, Nov. 4. — Principal creditors of Fox West Coast, one of the industry's largest circuits and the theatre colossus of the Pacific Slope, are understood prepared to bid $18,- 000,000 for the assets of the company on Nov. 8, following which Referee W. S. McNabb is expected to set a hearing, probably two weeks later when the private sale will take place. Under reorganization plans under- stood agreed upon by Chase National Bank and Fox Film, the two princi- pal creditors, the name of Wesco as holding company for the some 400 odd theatres will be changed to National Theatre Corp. Papers for incorpora- tion have been, or will be, filed in the east, probably in Wilmington Del. S. R. Kent, it is understood, is down for the top spot in the holding corpo- ration with Charles Skouras as first vice-president and W. C. Michel as second vice-president. Michel is first vice-president of Fox Film. Fox West Coast Theatres, under the new plan, will be known as Fox West Coast Theatres Corp., the only dif- ference being the addition of the word "corporation." Spyros and Charles Skouras, who are now holding daily confabs with Chase officials and Kent, are understood set to get five-year contracts, with options for five more (Continued on page 4) Report Arthur Seeks The L. A. Paramount Los Angeles, Nov. 4. — Reports are current that visits of Harry C. Arthur and Jack Partington here were in connection with a deal for the Para- mount houses operated by F. W. C. Arthur is back in New York while Partington is still around conferring with Mike Marco of F. & M. Harry Arthur denied the coast re- ports, stating he would not do any- thing to slight S. R. Kent. Arthur also denied rumors that he would join Paramount as a theatre executive. Fred Meyer Is Made An Aide to Laemmle Milwaukee, Nov. 4.— Fred Meyer will leave here Nov. 9 to become assistant to Carl Laemmle, Sr., at the Universal studios. MOT ION P1CTVRI DAILY Monday, November 5, 1934 Insiders' Outlook Memphis Long User of Film 2 MOTION PICTURE DAILY (Registered U. S. Patent Office) Vol. 36 November 5, 1934 No. 107 Martin Quigley Editor-in-Chief and Publisher fo^fiH MAURICE KANN MDA JAMES A. CRON 3K. I^B^B Advertising Manager zJLl. Published daily except Sunday and holi- days by Motion Picture Daily, Inc., sub- sidiary of Quigley Publications, Inc., Martin Quigley, President; Colvin Brown, Vice-President and Treasurer. Publication Office: 1790 Broadway, New York. Telephone Circle 7-3100. Cable ad- dress "Quigpubco, New York." All con- tents copyrighted 1934 by Motion Picture Daily, Inc. Address all correspondence to the New York Office. Other Quigley pub- lications: MOTION PICTURE HERALD, BETTER THEATRES, THE MOTION PICTURE ALMANAC and THE CHI- CAGOAN. Hollywood Bureau: Postal Union Life Building, Vine and Yucca Streets, Victor M. Shapiro, Manager; Chicago Bureau: 407 South Dearborn Street, Edwin S. Clif- ford, Manager; London Bureau: Remo House, 310 Regent St., London, W. 1, Bruce Allan, Representative. Cable address: "Quigpubco, London"; Berlin Bureau: Berlin - Tempelhof, Kaiserin • Augustastrasse 28, Joachim K. Rutenberg, Representative; Paris Bureau: 19, Rue de la Cour-des- Noues, Pierre Autre, Representative; Rome Bureau: Viale Gorizia, Vittorio Malpassuti, Representative; Sydney Bureau: 102 Sus- sex Street, Cliff Holt, Representative; Mex- ico City Bureau: Apartado 269, James Lockhart, Representative; Glasgow Bureau: 86 Dundrennan Road, G. Holmes, Repre- sentative; Budapest Bureau: 3, Kaplar-u, Budapest, II, Endre Hevesi, Representa- tive; Moscow Bureau: Civtzev Vrazhek, N. 25, Apart. 146, Moscow, U. S. S. R., Bella Kashin, Representative. Cable ad- dress: "Samrod, Moscow." Entered as second class matter, January 4, 1926, at the Post Office at New York City, N. Y., under Act of March 3, 1879. Subscription rates per year: $6 in the Americas, except Canada $15 and foreign $12. Single copies: 10 cents. Weeks Starts Tour; More G. B. Additions George W. Weeks, general sales manager of G. B., left New York Friday to visit all company repre- sentatives in key cities and discuss plans for his first eight releases. Buffalo is his first stop, Kansas City, the second, and Dallas, the third. He returns here Dec. 1. Prior to his departure, he appointed Jack McCarthy, formerly with U. A., to take charge in Omaha; R. J. Heft, Des Moines, and Fred Abelson, Min- neapolis. Eleven new salesmen, also named, follow : Sid Shuster, Milwaukee; James H. But- ner, Atlanta; R. O. Laws. Cincinnati; Joseph Schneider and J. C. Whitlock. At- lanta; Charles Lundgren, Chicago; William Winship, Los Angeles; Harry D. Noble, New Haven; George Dillon, Baltimore; Walter Pratt, New York, and Art. Hues- man, Minneapolis. Estelle Schrott has been placed in charge of fan magazine publicity. Mississippi MPTO To Battle 10% Tax (Continued from page 1) industry, with the possible exception of the automobile, is so heavily taxed in Mississippi, said Ed Kuykendall, national president. Officers reelected were: R. X. Wil- liams, Jr., Oxford, president ; J. E. Alford, McComb, vice-president ; J. A. West, Ellisville, second vice-presi- dent; W. E. Elkins, Aberdeen, secre- tary-treasurer. MORE on the Davies-Hearst- Cosmopolitan - Warner ar- rangement, this time from Holly- wood : There, it has been one of those open secrets that dissatis- faction over the old arrange- ment was not limited to Miss Davies, but encompassed Metro as well. Each party wanted to have the final word in story se- lection. Hollywood has heard and, therefore, credits the yarn that Marion wanted to do Eliza- beth Barrett in the "The Bar- retts of Wimpole Street," but, of course, it was Norma Shearer, wife of Producer Irving Thal- berg, who got the part. It is un- derstood the actual Cosmopolitan- Warner deal foamed into its final froth in 66 hours, although, as told to you the other day, it has been on* and off again at least twice in the last four or five years. Thus Miss Davies, about to get a star dressing room in Burbank when it has been in Cul- ver City for so many years, feels she will have more freedom and independence and, above all, a new environment which those who know the situation say she has been seeking for some time. . . ▼ One, only one, reason for the Production Code : New York State censors cut this and that to the tune of 2,195 eliminations in 8,362 reels of film during the cal- endar year to June 30. What was scissored : Indecent, 838 clips ; tending to incite to crime, 511; immoral or tending to corrupt morals, 752. In lesser key were inhuman, 79 clips ; sacrilegious, 15. . . . Nothing since the phe- nomenal success of the Mickey Mouse and Silly Symphony series hit the short subject field like the "Dumb Bell Letters" laugh-get- ters. That is, unless this dodder- ing memory has gone completely to pot. The inside has it the en- tire negative cost returned itself to Van Beuren from first run rentals out the metropolitan area alone. . . . Several pens are poised over several copies of the same con- tract. But between the down stroke and the signatures, how- ever, much may happen. If the blotters get a chance to work, on the other hand, the deal which then will become a fact will be interesting, although not surpris- ing. Interesting, because it will bring into being an entirely new set-up in a field paralleling dis- tribution. No surprise, because the talk of the move has been around for weeks. Those signa- tures, or rather lack of them, pro- vide the hitch. . . . ▼ Now that Sidney R. Kent has signed a new three-year contract with Fox, wild yarns about a new allegiance for him will pass out of the picture because they no longer will have any place to go. There's a tale of its own behind the various stories picking up Kent from Fox and setting him down elsewhere and some reason to believe the purpose was to cause him embarrassment — noth- ing more, nothing else. . . . First Division is in the throes of an important deal. Time will tell soon enough. . . . KANN Laemmle, Jr., Here Soon Carl Laemmle, Jr., arrives from the coast on the Santa Rosa tomorrow. After a few days here he will sail for Europe for a vacation, the first in five years. Mrs. Leo Forbstein and her daugh- ter, Harriet, are on the same boat. Mrs. Forbstein is the wife of Warners' studio musical director. Starts 2nd Invincible Hollywood, Nov. 4. — Maury M. Cohen, producer of Invincible Pic- tures, starts work tomorrow at the Pathe Studios on the second of his releases for the current season. The picture is now titled "The Ghost Walks." Ad Lettering (Continued from page 1) course, awaiting instructions. Loew managers were non-committal. The idea is certainly not new here, having long been debated, but nobody has much to say now that one of the national circuits has taken up the plan. Mrs. Larry S. Akers, president of the Better Films Council, expressed interest in the Warner experiments in Philadelphia. She described it as a splendid move and said that there will certainly be no conflict between her classifications and those of the Warner here should Memphis follow the Phila- delphia lead. "I think the more services of this type available to the public, the better it is for all concerned," Mrs. Akers said. "In fact, it will be interesting to compare the two. I feel that after a time the viewpoints will become so nearly identical that lists prepared by our council will not differ greatly from those of the theatres themselves." Big Nebraska Suit May Be Tried Soon (Continued from page 1) G. G. Griffin of Plattsmouth and Clarence J. Kremer of Stanton, are seeking damages totaling $217,500 from the defendants for alleged "un- fair trade practices." The plaintiffs allege they are forced to give houses in bigger cities pro- tection by a conspiracy of the de- fendants and that the protection forces them to use second run pictures, driv- ing away trade. The plaintiffs allege that the in- junction granted in the Youngclaus case is bejng violated. The defend- ants are: Omaha Film Board of Trade, Para- mount Publix, First National Pictures Distributing, M-G-M Distributing, Universal Film Exchanges. Fox, United Artists. RKO-Pathe Distribut- ing, RKO Distributing, Vitaphone Distributing, M. P. P. D. A., Pub- lix Theatres, and Publix-Nebraska. Buffalo Board Stops Non-Theatre Service (Continued from page 1) W. Westfall, proprietor of the Haven in Olean, charged unfair competition. Premature advertising was charged by the Strand, Schine house at Os- wego, against the Quirk in Fulton, operated by Paul Kraus. A cease and desist order was issued. Two cease and desist orders were granted in reduced admission cases. Complaints were brought by Isadore Berinstein, proprietor of the Strand in Seneca Falls, against Frank and Lucy Ricciardiello, operators of the Falls in the same village ; and by Schine's Riverside in Buffalo against the Jubilee in the same city, operated by M. B. Schwartz. B. & K. Men Return John Balaban and Walter Immer- man of the B. & K. circuit in Chicago have returned to the Windy City after spending two days here on product deals. Barney Balaban remains for a few days. Most Issues Steady on Big Board Net High Low Close Change Sales Consolidated Film Industries 3J4 3% 3y2 + J£ 300 Consolidated Film Industries, pfd 16% 15% 16% -f- 5| 500 Eastman Kodak 105^5 105 105 — y2 500 Fox Film "A" 12>/2 12% 12%+^ 100 Loew s, Inc 30^ 30y2 30& + yA 1.200 Loew's, Inc.. pfd 97 97 97 100 Paramount Publix, cts V/z 3?£ 4% + % 2.800 Pathe Exchange V-£ \% 1% m Pathe Exchange "A ' uy2 13'/2 13y2 + y2 100 KKO ... 1* IX 154 ~yk 1.400 Warner Uros., pfd t,y2 4j4 ji/2 jry\ Trans Lux Drops % on Curb Net High Low Close Change Sales Technicolor 13 12% 13 500 Trans Lux 1?^ 1M 1M — 9^ 200 Warner Bonds Lone Issue Net High Low Close Change Sale Warner Bros. 6s '39 wd 59J4 58}$ 58M — H 4 THEY'RE IN THE MOVIES NOW Warner Bros. Win Dizzy Race for Film Services of That De- lirious Duo of the Diamond — Direct from the front pages to you! The $7,000-a-week stage attraction — now yours for the price of a 8 H 0 R T Grab that 'phone and grab the timeliest attrac- tion of the hour, in a 2-reel "BigV" Comedy- DIZZY & DAFFY READY DEC. 8th with Shemp Howard and Roscoe Ates added to make it surefire laugh entertainment for every member of the audience. WONDER WE SAY- LEADS IN STARS! MOTION PICTURE DAILY Monday, November 5, 1934 with a full house every time RCA VICTOR PHOTOPHONE OFFERS: nfailing Sound Satisfaction Sound Box Office Attraction omplete Ownership Self-Liquidating Investment PHOTOPHONE DIVISION VICTOR COMPANY, Inc. Camden, N. J. Radio Corporation of America Subsidiary ELITV MOTION PICTURE DAILY* HOLLYWOOD PREVIEW "The Painted Veil" (M-G-M) Hollywood, Nov. 4. — The eternal love triangle is here mounted on a background of lavish, grotesque settings that move from a quaint Austrian village to Hong Kong, mirroring in minute detail the lives, loves and customs of both countries. It is all photographed with such artistry by William Daniels that those appreciative of art will overlook certain weaknesses of the story. The story concerns Herbert Marshall, a doctor, who, after holding his love for Greta Garbo a secret for twoscore years, suddenly proposes marriage. In China, he becomes obsessed with his duty in fighting the cholera plague, leaving the opportunity for George Brent to move in and give the bride the affection she has craved. Because of the heavy treatment in an attempt to make the audience feel the emotions of these three people, the sudden transition of events is very apt to leave too much for the average audience to grasp. There- fore, whatever story there is will be appreciated largely by the sophisti- cated possessed of sufficient alertness and intelligence to keep pace with the plot as it unravels. Garbo fans, because her beauty and charm are revealed by exquisite photography, will marvel at the striking effects obtained. Others, ex- pecting to find a story without exerting their brain, probably will discover this a rather boresome plot, but may be compensated by other redeeming features of the startling settings and excellent camera work. Others in the cast are Warner Oland, Jean Hersholt, Beulah Bondi, Katherine Alexander and Cecilia Parker. The film was directed by Richard Boleslawski and produced by Hunt Stromberg. No code seal. Running time, 90 minutes. $18,000,000 Bid for FWC Assets on Way (Continued from page 1) years. The agreements are said to be all set except for signatures by the Skouras Brothers. Completion of reorganization plans is not expected before Jan. 1, 1935. After Fox West Coast is rehabilitated, subsidiary operating groups like Fox Midwest, Fox Midland and Fox Rocky Mountain will follow the same line of procedure. Ralph S. Harris of the law firm of Hughes, Schurman & Dwight, attor- neys for F. W. C, arrives here from the east within the next few days to work out details. Skouras and his secretary, Edward Zabel, are also ex- pected from New York later in the week. It is understood they are stay- ing east until the elections are over. W illiam Powers, F. W. C. attornejr, is running for attorney general of New York State. On Oct. 28, the last of the major claims against F. W. C. was filed. One of the claims is for final settlement of compensation for the three trustees, Skouras, William H. Moore and Charles C. Irwin. The sum asked for is $200,000 for services up to Sept. 29. Another claim was filed by O'Mel- veny, Tuller and Meyers, law firm, seeking $212,000. The greatest obstacle in the path of reorganization is regarded as having been cleared on Oct. 1, when the Cir- cuit Court of Appeals in New York refused to reopen the hearing on the settlement of Paramount Publix claims against F. W. C. Samuel Zirn brought the action as representative for a group of Paramount bondholders. Since this action, developments have been mov- ing at a fast clip. Efforts over the week-end to check with F. W. C. officials on the reorgan- ization resulted in denials from all contacted. No one at the Fox home office seemed to know any of the de- tails of the reorganization outline. Skouras Stays as Head San Francisco, Nov. 4. — Spyros Skouras will continue as operating head for all F. W. C. houses under reorganization plans completed in New York during the last week. He will work directly under S. R. Kent, presi- dent of Fox Film and the new hold- ing company, in the east. Expect Mid-West Sale Dec. 1 Kansas City, Nov. 4. — Sale of F. W. C. unit assets at foreclosure as the initial step in the circuit's reorganiza- tion will take place around Dec. 1, according to information from New York. First indications were that the sale would take place about Nov. 1, but ironing out of some details took longer than expected. Following the sale, it will take a month or two for final approval of claims and distribution of dividends, with January or February tentatively set for complete reorgan- ization. Foreclosure sale of assets of Fox Midland and Fox Rocky Mountain, important subsidiaries of F. W. C, is not expected before Jan. 1. The two units filed in bankruptcy in the Fed- eral District Court here. Steps to- ward their reorganization are awaiting a new setup of the parent company, as the West Coast and subsidiary groups are interlocked and certain problems more or less affect all companies in- volved. It is highly probable Elmer C. Rhoden will be president of the new company to replace Fox Midland and Rick Ricketson may head the new Fox Rocky Mountain outfit. National Theatre Organized Dover, Nov. 4.— Wesco Corp. has changed its name to National Theatre New Corporation to Control Music Hall (Continued from page 1; operations as managing director of the house for Rockefeller interests. RKO, however, retains a participat- ing affiliation with the Music Hal: through RKO Service Corp., whicl will continue to perform, for a weekh fee to be paid by the Music Hall, cer- tain management services defined fa the agreement, the fees to be based upon a percentage of average gross receipts of the house. It is anticipated the fee will approximate about ? 1,500 per month. Agreements covering RCA's ad- vances to Rockefeller Center for rental deficiencies in the past, estimated to amount to approximately S900.000, are also covered in the new pact. S. & C. Houses Gain On a Skouras Deal (Continued from page 1) as a second run, Springer & Cocalit combined this house with Skouras' Nemo and Riverside, all three playing Fox, Columbia and Universal first run. Skouras wanted to pool with RKO and give the 81st St. Fox product in exchange for Paramount and War- ners on a day-and-date policy. RKO turned down the offer and Skouras then made a deal with S. & C. Thr Stoddard is the only S. & C. fiFst run1 on Broadway. ~ " Corp., New York City, increasing iu capital stock from 1,000 shares to 1,800,000 at no par value. Papers were filed by the U. S. Corp. Co. of New York City. May Hit Snag on Name Albany, Nov. 4.— Little hope is held that National Theatre Corp. will be the new name for Wesco. In 1926, National Theatres, Inc., was formed in Wilmington and chartered in this state. Since this name is so similar to the new one, there is no likelihood of it being accepted by the Secretar. of State here. Ricketson Returns Soon Denver, Nov. 4.— Rick Ricketson. operating head of Fox Rocky Moun-i, tain, returns from New York withhfl the next few days after a series of I conferences with Spyros and Charles Skouras. While in New York Ricketson is understood to have gone over details of reorganization for Fox Rock} j Mountain, which will be taken out o:' bankruptcy after F. W. C. is re- aligned. The Fox Rocky Mountain unit i: understood in good shape and on ; profitable basis, making reorganizatioi easv. Flash Preview The Bride mid the Best Man- . . . a weak story dressed up wit!' rowdy, clean comedy and good per formances. . . . This Him -will be reviewed in full in later issue of Motion Picture Daily. Sign for Liberty Films Cooperative Booking Offices in De trait has signed for the entire Libert lineup, Budd Rogers, general sale manager, stated Saturday. Sam Sep lowin of the Monogram exchange, han dling the product in Detroit, closed th deal. S De jl lie I e I The Leading Daily Picture Industry MOTION PICTURE DAILY Alert, Intelligent the In in All Branches ,rOL. 36. NO. 108 NEW YORK, TUESDAY, NOVEMBER 6, 1934 TEN CENTS Kent to Head More New Fox Theatre Units Will Be Made President As They Are Formed Los Angeles, Nov. 5. — S. R. Kent, president of Fox, will be top man in ill Fox theatre units. He is president jf National Theatre Corp. and Fox West Coast Theatres Corp., new com- panies formed last week in the east to replace Wesco and Fox West Coast Theatres, the former a holding com- pany for around 400 theatres and the latter operating firm for Fox coast houses. When new companies are formed to replace Fox Rocky Moun- tain, Fox Midland and Fox Midwest, in addition to other subsidiaries, Kent will be listed as president. Reorganization of subsidiaries will follow shortly after Fox West Coast (Continued on page 6) Reade-Fox Split On"White Parade" Walter Reade yesterday obtained release of his Fox contract for the Mayfair from S. R. Kent following booking of "The White Parade" into the Paramount. Fox has a contract with the Music Hall for 22 pictures, "The White Parade" being on the list. Because of a nationwide drive for dates for the week Nov. 9-16, Fox asked the Music Hall to either book the film for the week or release it. The Mus- sic Hall released it and Fox sold it to the Paramount. Under Reade's contract with Fox (Continued on page 6) Watson Resigns as Fox Theatres Head The resignations of Archibald R. Watson as president of Fox Theatres Corp. and of Watson & Wilguss as attorneys for receivers for the com- pany were accepted yesterday by Fed- eral Judge Martin Manton. Watson, who is a member of the Watson & Wilguss firm, was elected president of Fox Theatres last August, shortly before a petition for reorgani- zation of the company under Section 77-B of the Bankruptcy law was filed by creditors. The petition for reor- ganization was later attacked by other creditors on the ground of bad faith and was withdrawn with leave to re- instate it after an examination of the claims in question before special mas- ter on Nov. 8. Supreme Court Agrees To Review Patent Case Chicago Is Cold to Plan for Films Classified by Letters Chicago, Nov. 5. — No effort has been started here to segregate pictures under the classifications of adult and family entertain- ment. Circuit executives state that this system would find little enthusiasm among them. For one thing, they claim that such a practice would virtually amount to giving approval to the scheme of the local censor board which "pink tickets" productions it con- siders suitable for strictly adult trade. There has always been plenty of difference of opinion between local exchanges and the censor board over the matter of "pink" permits. Milwaukee Is For Lettering Picture Types Milwaukee, Nov. 5. — Although no efforts at segregating films for adult and family entertainment as carried on by Warners in Philadelphia have been attempted in the Milwaukee area, the plan is regarded with favor by other circuit operators here. Parents' and teachers' organizations have been seeking cooperation from exhibitors in establishing family nights on Fridays. Exhibitors pointed out that it is often difficult for exhibitors to book suitable family films on a designated night each week and the designating of entertainment in the Warner style may help to solve the problem. Another difficulty facing exhibitors in respect to a successful operation of such a plan is the dual feature policy, which is general throughout the city and may make it hard for a circuit to play two films suitable for adult or family audiences on the same bill. DeMille and Para. Deal Is Approved A compromise and settlement of all claims against Paramount Publix by Cecil B. DeMille Prod., calling for payment to DeMille of $202,915 by Paramount Prod., was approved yes- (Continued on page 6) Brooklyn Stay In Tri-Ergon Case Modified Erpi and Paramount Publix won an important point over American Tri- Ergon in Federal Court at Brooklyn yesterday when Judge Marcus B. Campbell ruled that certain provisions in the interlocutory decree submitted by Tri-Ergon to put into effect the court's original findings of a year ago in the double print patent infringement case would work an undue hardship on Paramount and eliminated the pro- visions from the decree. Charles Neave, of counsel for Erpi, which is defending Paramount, had ar- gued that the interlocutory decree pre- pared by Tri-Ergon for Judge Camp- bell's signature might, if approved, re- sult in an injunction "against the products of the patented process" which, Neave said, might restrain Paramount from distributing films made with the double print process, rather than merely enjoining Para- (Continued on page 2) Production Drops; 33 Features Going Hollywood, Nov. 5. — Production for the past week took a decided drop over the preceding week in both fea- ture and short subject departments. There were 33 features and five shorts (Continued on page 2) Reversal of Stand Will Hold Up Tri-Ergon Series of Suits Washington, Nov. 5. — Acting upon the petition filed Nov. 2 by Paramount Publix Corp., the U. S. Supreme Court today vacated its order of Oct. 8 refusing to review the Circuit Court of Appeals decision in the cases brought by American Tri - Ergon against Paramount Publix, Altoona Publix and Wilmer & Vincent, and agreed to re- view the cases. By its action today the court pre- vents the pressing of the suits brought by William Fox against nearly all of the important producing companies and laboratories for infringement of the flywheel and double print patents, since the decisions of the lower courts cannot now be considered as final. By its order of Oct. 8 the Supreme Court, in effect, affirmed the decision (Continued on page 2) Rockefeller Center Will Get $700,000 An initial rent participation for Rockefeller Center of $700,000 per year out of Music Hall operations, with provisions for additional parti- cipation, is specified in the new lease agreement submitted to the Federal court here late last week. The agreement, dated as of Sept. 1, last, is for one year and calls for a first payment of $26,000 per year to (Continued on page 6) New Assessment on Code Is in Effect Producer and distributor assess- ments in addition to the second half- year levy for exhibitors are now in effect, Harold S. Bareford, member of the code finance committee, stated yes- terday. Bareford stated that he had straight- ened out with the NRA officials in Washington objections by Monogram franchise holders, and that the Divi- sion of Research and Planning had ap- proved the revised plan. Under the revision producers and distributors do- ing an annual business of $750,000 or less will have credited to next year's assessment all payments over $18,000. This is what W. Ray Johnston orig- inally wanted, Campi stated yesterday. MOTION PICTURE DAILY Tuesday, November 6, 1934 MOTION PICTURE DAILY (Registered U. S. Patent Office) Vol. 36 November 6, 1934 No. 108 Martin Quigley Editor-in-Chief and Publisher MAURICE KANN Editor JAMES A. CRON Advertising Manager Published daily except Sunday and holi- days by Motion Picture Daily, Inc., sub- sidiary of Quigley Publications, Inc., Martin Quigley, President; Colvin Brown, Vice-President and Treasurer. Publication Office: 1790 Broadway, New York. Telephone Circle 7-3100. Cable ad- dress "Quigpubco, New York." All con- tents copyrighted 1934 by Motion Picture Daily, Inc. Address all correspondence to the New York Office. Other Quigley pub- lications: MOTION PICTURE HERALD, BETTER THEATRES, THE MOTION PICTURE ALMANAC and THE CHI- CAGOAN. Hollywood Bureau: Postal Union Life Building, Vine and Yucca Streets, Victor M. Shapiro, Manager; Chicago Bureau: 407 South Dearborn Street, Edwin S. Clif- ford, Manager; London Bureau: Remo House, 310 Regent St., London, W. 1, Bruce Allan, Representative. Cable address: "Quigpubco, London"; Berlin Bureau: Berlin - Tempelhof , Kaiserin - Augustastrasse 28, Joachim K. Rutenberg , Representative; Paris Bureau: 19, Rue de la Cour-des- Noues, Pierre Autre, Representative; Rome Bureau: Viale Gorizia, Vittorio Malpassuti, Representative; Sydney Bureau: 102 Sus- sex Street, Cliff Holt, Representative; Mex- ico City Bureau: Apartado 269, James Lockhart, Representative; Glasgow Bureau: 86 Dundrennan Road, G. Holmes, Repre- sentative; Budapest Bureau: 3, Kaplar-u, Budapest, II, Endre Hevesi, Representa- tive; Moscow Bureau: Civtzev Vrazhek, N. 25, Apart. 146, Moscow, U. S. S. R., Bella Kashin, Representative. Cable ad- dress: "Samrod, Moscow." Entered as second class matter, January 4, 1926, at the Post Office at New York City, N. Y., under Act of March 3, 1879. Subscription rates per year: $6 in the Americas, except Canada $15 and foreign $12. Single copies: 10 cents. "Lemon Drop" Takes $14,000 First Week "Lemon Drop Kid" at the Rialto chalked up a neat gross of $14,000 in seven days. First three days of "Six- Day Bike Rider" showed signs of weakness, but Election Day, today, is expected to brace the week's tally. Third week of "Merry Widow" at the Astor tapered to $8,700. "Student Tour" bowed out of the Mayfair last night after a bad week. The take for the seven days was $7,800. Jewish Picture to Open "The Youth of Russia," Jewish talk- ing picture dealing with youth in the Soviets, opens at the Clinton tomor- row. The picture was produced by Sov-Am Film Corp. "Lenin" Set at Cameo "Three Songs of Lenin," an Am- kino release, will have its world pre- miere at the Cameo here today, the day before the film opens in Moscow. MINUTE FILM5 'ALL THRILLS * No Pdddind r-£UR€KA PRODUCTIONS 7^3-7'thAVE. New York. N Y. Brooklyn Stay In Tri-Ergon Case Modified (Continued from page 1) mount from further use of the patented process held to be infringed. Judge Campbell also eliminated a part of the decree which, Neave al- leged, would permit Tri-Ergon to pro- ceed immediately against Paramount Publix by directing an action against Charles D. Hilles, Eugene W. Leake and Charles E. Richardson, trustees of Paramount Publix, under the bank- ruptcy reorganization laws. In this respect, Judge Campbell held that Fed- eral Judge Alfred C. Coxe, of the U. S. District Court here, whose juris- diction extends over Paramount's re- organization proceedings, should have final voice. It was pointed out that the Tri-Ergon action involves but one claim against Paramount, whereas Judge Coxe's jurisdiction in the com- pany's affairs includes broad powers conferred on him by Congress under Section 77-B of the bankruptcy laws. Asks Action in Coxe Court "I do not believe," Judge Campbell's opinion referring to this part of the decree reads, "that I should attempt to do by indirection what I cannot do di- rectly. Therefore, if it is desired to proceed against the trustees, it should be by appropriate proceedings with the court in the Southern District (Judge Coxe) ." Judge Coxe ruled, however, that a paragraph should be added to the de- cree stipulating that judisdiction is re- tained by him "to order the issuance of a writ of execution on a proper application subsequently made there- fore" and ordered that one day's no- tice of such action be given Para- mount by Tri-Ergon. Thus, new Tri- Ergon procedures, authorized by Judge Coxe, may proceed in the Brooklyn Federal Court on the specified notice to Paramount. Judge Coxe, last week, lifted the injunction, as it applies to Tri-Ergon, which accompanied the court order appointing trustees for Paramount as a debtor company in reorganization and which restrains creditors from contin- uing or bringing new suits against the debtor company. Thus, additional moves by Tri-Ergon between now and the expected reorganization of Para- mount may be initiated subject to Judge Coxe's approval. Judge Campbell instructed Tri- Ergon attorneys to present a new form of interlocutory decree minus the pro- visions to which objections had been raised. It is understood that, as a result of the U. S. Supreme Court's action granting a review of the Circuit Court of Appeals ruling, action on the new form of decree will be automatically held up until a ruling has been handed down in Washington. Production Drops; 33 Features Going (Continued from page 1) before the cameras in comparison with 38 and seven for the week previous. In addition, there are 22 features and seven shorts in the final stages of preparation, while 45 features and 21 shorts are in the cutting rooms. Of the above totals Paramount had five features in work, five preparing and five editing ; Fox had five, two and four ; Universal, four, two and three ; Warners, four, one and seven ; M-G-M, three, six and nine; Colum- bia, three, one and six ; Radio, two, zero and five ; Century, one, zero and zero ; Roach, zero, zero and one ; while the independents had six, five and five. In the short subject division Roach had one in work, one preparing and two editing ; M-G-M reported zero, three and five ; Universal, zero, zero and one ; Columbia, zero, zero and three ; Radio, zero, zero and five, while the independents totaled four, three and five. Fox Golfers Get Hot Golf rivalry between the Fox pub- licity and advertising departments has reached an acute stage. In Saturday's match at Sprain Lake, Tuckahoe, E. W. Wingart and Elliott McManus, publicity, shot an 85 and 89, respect- ively, and Carl Moss and Russell Moon, advertising, rolled up 110 and 91, respectively. 'Death Dealers' for B'way "Death Dealers," purported to be an expose of the munitions racket, will be given a Broadway opening by Topical Pictures the first week in December. Big Board Stocks Show Better Tone Net High Low Close Change Sales Columbia Pictures, vtc 3644 3654 3624 + 44 400 Consolidated Film Industries 346 354 354 800 Consolidated Film Industries, pfd 1654 1554 1656 1,800 Eastman Kodak 10754 10546 10754 +254 800 Fox Film "A" 1254 1254 1254 + 54 1 Loew's, Inc 3154 30% 3156 + 56 4,800 Loew's, Inc.. pfd 98 98 98 +1 100 Paramount Publix, cts 454 4 454 + 56 4,900 Pathe Exchange 154 154 154 + 56 100 RKO VA 154 VA + 54 4,100 Warner Bros 454 45? 456 + H 1,600 Technicolor Advances Quarter on Curb Net High Low Close Change Sales Technicolor .. 1354 1254 ' 1354 + 54 " 600 Two Para. Bond Issues Rise 2% Points Net High Low Close Change Sales General Theatre Equipment 6s '40 ..- 6 6 6 —.56 1 General Thea-tfe Equipment 6s '40, ctf 556 554 554 — 54 3 Keith B. F. 6s '46 63 63 63 -^-54 5 Loew's 6s '41, ww deb rights 104 104 104 +56 1 Paramount Broadway 554s '51 4054 40H ' 4034 ' — 54 5 Paramount F. L. 6s '47 5754 5654 5744 +244 52 Paramount Publix 554s '50 5754 5654 5754 +244 : 42 Warner Bros. 6s '39, wd 59 59 59 + 54 1 HighTribunal Will Review Patent Case (Continued from page 1) of the lower court, and, on the basis of that action, Paramount contended in its appeal for reconsideration, Tri- Ergon filed a series of suits. Fox Lawyers Tight-Lipped No member of the law firms of Ward, Crosby & Neal or Kenyon & Kenyon, which are handling William Fox's Tri-Ergon patent litigation could be reached for comment on the Supreme Court's action yesterday. Charles Neave, attorney for West- ern Electric, who is defending Para- mount, also could not be reached. It was learned on good authority, however, that the action of the court does not automatically supend the pending court actions. It usually holds them in abeyance, and attorneys ask for adjournments until a final railing is made. In the case of the two injunctions already granted, one in Scranton and the other in Brooklyn, the procedure is up to the individual judges. In Scranton the court has ruled that a master shall be appointed to take tes- timony on an accounting. This same authority also stated that the reversal of a refusal to review a case by the Supreme Court is very rare in the history of the court. The last time such a reversal was made was in 1928 in the Olmstead vs. U. S. wire tapping case. The appli- cation at that time was based on the fact that wide questions of public policy were involved. Quotable comment was lacking on all sides yesterday, as a matter of fact. However, relief and smiles were evident among major company law- yers. The latest action of the U. S. Supreme Court was generally re- garded as striking an important prop from under William Fox's patent case although it was admitted the ulti- mate solution, no matter what form it may take was far from its outcome and dependent on future court action. Good Ones Drawing, Says J. R. Grainger "It's the old story. Good pictures are doing good business and poor pic- tures, poor grosses," declared James R. Grainger, general sales manager of Universal, yesterday upon his return from a cross-country sales trip and a two weeks' stay at the company's stu- dio. "Conditions are being governed solely by the calibre of the attractions," he added. Grainger visited Chicago, San Fran- cisco, Los Angeles, Dallas, New Or- leans and Atlanta. Seven pictures are in work at the studio, he said. Mrs. Grainger returned east with him, Irsch in New Position Frank E. Irsch has been placed m charge of research and promotion oh the staff of Photoplay and will take over his duties immediately under Carroll Rheinstrom, advertising man- ager of Macfadden Publications.. Irsch was formerly in charge of research and promotion on Macf ad- den's women's group. • _ .: -.. MOTION PICTURE DAILY Tuesday, November 6, 1934 Indies Protesting On K. C. Clearance Kansas City, Nov. 5.— While a I group of independent subsequents is protesting Kansas City's clearance 1 schedule, the understanding in well informed trade circles here is the pro- test will be disregarded by Campi's main body when it takes up the plan Thursday, as the dissenters represent J a minority. A formal appeal signed by 14 exhib- itors is in Campi's hands. The group objects to the proposed setup on vari- ous grounds, one of which is that the i provision calling for a uniform price . at each theatre will interfere with ! 1933-34 unplayed contracts. Excessive protection over admis- , sions of 20 cents and under is alleged. Allowance of minimum and maxi- mum periods of clearance between runs is protested on the score favored circuits or individual exhibitors would be able to obtain preferred dates, and subsequent runs would not be able to set pictures until they have played prior run. Instead, a fixed clearance allowance between runs is urged as a substitute. A clause providing that in case a theatre fails to maintain a uniform price, all pictures played will be set back an additional 14 days in avail- ability is protested as illegal. The protest makes a point of ob- jecting to the allowance of only a week in which to file an appeal with Campi. Cleveland Rate Cuts Stir Neighborhoods Cleveland, Nov. 5. — Cleveland neighborhood houses appear to be breaking out in a mild price war. In the St. Clair Ave.-East 105th St. sec- tion where a large independent circuit competes with Warners, admissions have been cut to 25 cents straight for all shows, including Sunday. In the Woodland-East 55th St. section, the Haltnorth, first run zone house, has cut to 15 cents from the former 20 cent price. What will happen to the theatres following Haltnorth which charge 15 cents, the minimum contract price, will probably be a matter for the grievance board. There seems to be a well defined feeling that in order to bolster atten- dance— said to have dropped off in the neighborhood houses- — a drop in ad- mission prices is necessary, especially since double features, premiums and the like are "verboten." Buy Skolsky-Binyon Tale Hollywood, Nov 5. — Fox has pur- chased an original newspaper yarn by Sidney Skolsky and Claude Binyon, "Safe in Jail." Herbert Asbury will do the script and Robert Kane will produce. This is the second original Skolsky has sold since coming to Hollywood five months ago. The first was "Movie Queen" which M-G-M bought for Marion Davies. Local 306 to Gather Members of Local 306 will meet to- morrow night at Palm Garden with Harland Holmden presiding. Club to Give Returns Election returns will be broadcast to diners at the M. P. Club tonight. C. E. Hawthorne Dead Paramount officials were shocked yesterday to learn of the death on Sat- urday of Charles Evans Hawthorne, company lawyer handling real estate. He died of pneumonia, was 62 and is survived by his sister, Mrs. Ade- laide H. Woodin. Funeral services will be held from his home in New Rochelle tomor- row. Samuel C. Meyer Passes Portland, Nov. 5. — Word has been received here of the death in San Francisco of Samuel C. Meyer, veteran showman. He was 73 years old. For years he was associated with William Ely in both the old Hippodrome and Helig theatres here. (f the Year/ VOL ^ gf_| Land y4 Columbia One Reel COLOR RHAPSODY Produced by CHARLES MINTZ Other Outstanding Columbia Short Features: THE SPICE OF LIFE SCREEN SNAPSHOTS K R A Z Y K A T LAUGHING with MEDBURY TWO REEL COMEDIES S C R A P P y WORLD OF SPORTS LIFE'S LAST LAUGHS these are COLUMBIA PICTURES MOTION PICTURE DAILY Alert, Intelligent the in All Branches OL. 36. NO. 110 NEW YORK, THURSDAY, NOVEMBER 8, 1934 TEN CENTS )bstacles to New Plan for Para. Fading Hvisions Over Stock Transfers Remain With agreements expected to be ached today or tomorrow on Allied wners' $23,000,000 claim and that of rpi for $1,800,000, virtually all seri- es obstacles to completion of the uhn, Loeb & Co. plan of reorgani- ition for Paramount Publix will be ■moved, an authoritative source ated yesterday. Regarded as virtually the only com- exities of a time-consuming nature 5\v in existence are certain internal ejections to provisions for stock ansfers which, it is said, have re-v llted in a minor division within the incipal stockholders' group, the com- littee of which Duncan A. Holmes chairman and which represents (Continued on page 4) Vxpect Early Deal With E. V. Richards Possibilities of an agreement being ■ached within the next few days on le provisions for E. V. Richards' irticipation in the reorganized Saen- :r Theatres company were voiced ?sterday by those close to the nego- ations. Richards is remaining here for the lal conferences which may occur to- orrow or Saturday. Karl Hob- tzelle, Paramount operating partner Interstate Circuit, Texas, is acting i intermediary between Richards and (Continued on page 4) loxy, Rialto May Be Fox Outlet on B'way Fox will look to the Roxy and ialto as its new outlet for pictures )t playing the Music Hall, following mediation of a contract with the [ayfair. Two pictures, "Gambling" and ciell and High Heaven," have been Tered the two Broadway houses and is likely the former film will go to the Rialto. No deals are set. If, and when, a (Continued on page 6) ?arnol Resigns His Post with Goldwyn Lynn Farnol, for seven years gen- 'al publicity representative for amuel Goldwyn, has resigned his Dst, effective early in December, to iter the general advertising field. The (Continued on page 6) No Plan Yet Warners stated yesterday no decision had been reached as to whether or not the classification of film idea will be extended beyond the Phil- adelphia theatre zone. The letter "A" indicates pictures held suitable for adults and "F," for the family. "We haven't learned enough about it," explained a Warner theatre executive yesterday, "but we should have all the information we require shortly." Fox Midwest Uses Plan of Rating Films Kansas City, Nov. 7. — The War- ner circuit idea of segregating pic- tures for adult and family audiences and designating them as such has a forerunner in a similar plan launched last August by Fox Midwest for its theatres in Kansas, Missouri, Illinois and Iowa. The Fox Midwest classification plan became effective with the state of the new releasing season, and already (Continued on page 6) SEEK CLEARANCE SHOWDOWN TODAY Court Fight Looms On K. C. Premiums Kansas City, Nov. 7. — Premium proponents here have laid plans to go to the Federal courts to test the constitutionality of the ban on the practice if the local grievance board finds against two exhibitors charged with violation of the restriction. A group of independents have organ- ized to fight the ban. They are rais- ing funds and have hired counsel. The manner in which Leonard Ulmann, attorney for the premium users, con- ducted the defense at the grievance hearing this afternoon is seen as an (Continued on page 6) Allied Law Moves Ready, Samuelson Allied is now ready to go ahead with its three-point legislative pro- gram, Sidney Samuelson, president, stated yesterday. The national inde- pendent organization is seeking to re- move the music tax imposed by (Continued on page 8) HQ99 jQr Qeneral "A" for Adults BeCAUSE it believes classification of films is on the way along more general lines than now prevails, Because, despite the attitude of some that every picture is an attraction for all audiences, it obviously is not, Because many of the difficulties, originating from out- side sources, may be traced to a paucity of information furnished as to a particular picture's entertainment appeal, Because classification places greater responsibility on the shoulders of parents, where it properly should rest, Because many sage and sound observers, who also hap- pen to be film men, lean on the arrangement as one which must officially come, sooner or later, Motion Picture Daily, from this point on, will designate feature reviews — "G" for general entertainment and "A" for adult entertainment. The designation, it is pointed out, will not be applied rigidly. Neither will it aim to be conclusive. Rather, it will furnish theatre operators with an additional item of valu- able information. K A N N Campi Indies Say They Cannot Fathom Delay By Distributors Contending distributors are "pro- crastinating and deliberately stalling" on clearance and zoning, independent forces are expected to ask for a show- down at today's meeting of Campi. Certain members of Campi cannot understand distributors' attitude on de- lay in view of the fact that Code Au- thority some time ago adopted 12 ba- sic principles for setting up schec£ ules, one of them having admission prices as a keystone on clearances. At all appeal hearings following adoption of the principles, distributors have raised objections to clearances based on admissions. In the Detroit and Kansas City instances, exhibitors attending hearings from these terri- tories stated similar plans have been in force for the past five years with- out protests. In the case of Kansas City, exchange men in that zone were (Continued on page 4) Sinclair Threatens Drive for EPIC Plan San Francisco, Nov. 7. — A threat to set underway a new drive to make his EPIC plan a reality was hurled today by Upton Sinclair as he contem- plated his defeat in his race for the governorshop of California on the Democratic ticket. Incomplete returns placed acting Gov. Frank F. Merriam, Republican, some 200,000 votes ahead of his Democratic opponent. Characterizing the results of the balloting as a "brief victory" for the (Continued on page 8) Gaumont Has 90% of U. S. Territory Set With 90 per cent of the country set as far as sales force is concerned, Gaumont British expects to line up the remaining 10 per cent within the next two weeks, Arthur Lee, general man- ager, stated yesterday. George Weeks, general sales man- ager, was in Dallas yesterday and left last night for Los Angeles where he (Gontinued on page 4) Report Fox Ready to Make 12 in Britain London, Nov. 7. — Fox is reported set to produce 12 pictures in Eng- land. The company is understood looking for studio space and may use the Gaumont British facilities, MOTION PICTURE DAILY Thursday, November 8, 193 MOTION PICTURE DAILY (Registered U. S. Patent Office) Vol. 36 November 8, 1934 No. 110 Martin Quigley Editor-in-Chief and Publisher MAURICE KANN Editor JAMES A. CRON Advertising Manager Published daily except Sunday and holi- days by Motion Picture Daily, Inc., sub- sidiary of Quigley Publications, Inc., Martin Quigley, President; Colvin Brown, Vice-President and Treasurer. Publication Office: 1790 Broadway, New York. Telephone Circle 7-3100. Cable ad- dress "Quigpubco, New York." All con- tents copyrighted 1934 by Motion Picture Daily, Inc. Address all correspondence to the New York Office. Other Quigley pub- lications: MOTION PICTURE HERALD, BETTER THEATRES, THE MOTION PICTURE ALMANAC and THE CHI- CAGOAN. Hollywood Bureau: Postal Union Lite Building, Vine and Yucca Streets, Victor M. Shapiro, Manager; Chicago Bureau: 407 South Dearborn Street, Edwin S. Clif- ford, Manager; London Bureau: Remo House, 310 Regent St., London, W. 1, Bruce Allan, Representative. Cable address: "Quigpubco, London"; Berlin Bureau: Berlin - Tempelhof, Kaiserin - Augustastrasse 28, Joachim K. Rutenberg, Representative; Paris Bureau: 19, Rue de la Cour-des- Noues, Pierre Autre, Representative; Rome Bureau: Viale Gorizia, Vittorio Malpassuti, Representative; Sydney Bureau: 102 Sus- sex Street, Cliff Holt, Representative; Mex- ico City Bureau: Apartado 269, James Lockhart, Representative; Glasgow Bureau: 86 Dundrennan Road, G. Holmes, Repre- sentative; Budapest Bureau: 3, Kaplar-u, Budapest, II, Endre Hevesi, Representa- tive; Moscow Bureau: Civtzev Vrazhek, N. 25, Apart. 146, Moscow, U. S. S. R., Bella Kashin, Representative. Cable ad- dress: "Samrod, Moscow." Entered as second class matter, January 4, 1926, at the Post Office at New York City, N. Y., under Act of March 3, 1879. Subscription rates per year: $6 in the Americas, except Canada $15 and foreign $12. Single copies: 10 cents. Wolf Named Head of Variety Club No. 10 Indianapolis, Nov. 7. — Mark Wolf, general manager for the Young The atres in Indiana, has been elected president of Variety Club Tent No. 10. Floyd Brown, Universal manager, is first vice-president ; Kenneth Collins, Apollo Theatre manager, second vice president; Carl Niesse, Central City Amusement Co., manager, treasurer and A. C. Zaring, Zaring Theatre, sec- retary. Joe Cantor of United Artists is the retiring president. Grace Moore Ends Tour Omaha, Nov. 7. — After singing here with a temperature of 101 against the advice of a physician, Grace Moore canceled her tour. She boarded a train for Milwaukee. Helen Jepsen, radio soprano, will take her place. Control in New House The Control Corp. of America has been contracted by Charles Segall to install complete air conditioning, cooling, heating and ventilating sys terns in the new Bromley Theatre, Philadelphia, now under construction. Ampa Meet Today Closed The Ampa meeting today will be a closed one. The purpose is to put to a vote the admittance of women in the industry as associate members. British Films Cut Down American Takes — Lesser British producers are making more pictures, spending more money for production and are reaching for an nternational market, Sol Lesser, in- dependent producer, stated yesterday on his return from a five weeks' trip to England and France on the Rex. He said that English films are taking 25 per cent from American companies because of their increased business. Theatres are cleaning up in Eng- land, Lesser said, and doing a terrific business. While in England, Lesser spent five days in shooting exteriors on "Cowboy Millionaire." He leaves for the coast Sunday. Eddie Cline, director, who accom- panied Lesser, also asserted business in England was good and all studios are humming at top speed. He said it was difficult to rent a theatre for a trade showing. "All English studios are full of Americans," he added, and at his visit to some of the plants he met many friends from California. Cline and his wife leave today for Hollywood to complete the George O'Brien pic- ture. O'Brien and his wife are now in Russia and sail from France on the Paris on Nov. 14. Clarence Brown returned on the Rex also after a three months' vaca- tion in England, France, Switzerland, Hungary, Italy and Austria. He said he kept away from the picture busi- ness as much as possible and added he saw two pictures while in France. He said he was forced to see these. He leaves by plane Nov. 14 for Holly- wood to start his new three-year con- tract. Tullio Carminati, who appeared in "One Night of Love," was a passen- ger on the Italian liner. He said he made an Italian film, "The Wedding March," in Rome for Mander Films. He added he had an offer to make one picture for Radio, but hasn't de- cided whether to accept. It all de- pends on the story, Carminati stated. He was abroad for six weeks and also attending the opening of "One Night of Love" in London. He will leave for the coast as soon as he de- cides on the RKO proposition. Ely Culbertson, who made six bridge shorts for Radio, is back after winning the international bridge match for the Charles Schwab trophy. He said he has a number of ideas in mind for additional shorts and will discuss them with Radio executives with a view to making another series of six featurettes. Culbertson declared his shorts are successful because they are entertaining, in addition to being in- structional, and audiences are amused by them. Katharine Cornell was another pas- senger. She denied printed reports she would appear in films. Miss Cornell said she has not been offered a con- tract, and, if she were, she would turn it down. She will have nothing to do with pictures, she declared. Miss Cornell was away three months vacationing in France and Italy and shortly will appear in "Romeo and Juliet." first of her repertoire, which includes "The Barretts of Wimpole Street," "Candida" and "Flowers of the Forest." Wolff Sets "Civilized" Jerome H. Wolff, sales manager for Raspin Productions, Inc., has returned from a tour of St. Louis, Kansas City, Detroit. Philadelphia and Boston where he made arrangements for the distribution of "Are We Civilized?" "Divorcee** to Music Hall "The Gay Divorcee" opens at the Music Hall Nov. 15. Schenck Sailing Off London, Nov. 7. — The return of Jo- seph M. Schenck, president of United Artists, to New York, which was scheduled for this week, has been again postponed. He will probably sail in a week or 10 days. Herbert* for Mayfair "Big Hearted Herbert" opens the Mayfair Monday evening. Eastman to New High on Big Board Hish Columbia Pictures, vtc 38 Consolidated Film Industries 3% Consolidated Film Industries, pfd 15% Eastman Kodak 108% Fox Film "A" 12% Loew's, Inc 31% Loew's, Inc.. pfd 9954 Paramount Publix, cts 4% Pathe Exchange 154 Pathe Exchange "A" 135^5 RKO 2 Warner Bros 4% Net Low Close Change Sales 36% 38 +1% 800 3% 3% 100 15% 15% -% 1.800 107 108% +1% 1.900 12% 12% + % 1.200 30% 98 31% - % 6.700 99% +1% 400 4% 4% 6,000 1% 1% 900 12% 13% 700 1% 2 + % 2,300 4% 4% + % 1,600 < Purely Personal \\ JOHN HAY WHITNEY is nc known in industry circles as t "flying producer." He has been fly i: to the coast for checkups on "Beci Sharp" and back again, making t trips in 48 hours in all. Will H. Hays, Ed Kuykenda and Sidney Samuelson lunched at t M. P. Club yesterday, each sitting different tables. Hays was with A) thony Muto and Kuykendall w with Louis Phillips. Samuelsc was all by his lonesome. Milt Kusell returned from A bany and Buffalo yesterday. He he special meetings of the sales forces acquaint them with the new thre month sales drive which gets und way Jan. 1. Joe Penner, who gets top billing "College Rhythm," attended the tra showing of the picture at the Ast^ yesterday morning. Louis Nizer is now head of tl M. P. Division of the Commerce atJ Industry section of the Citizen Family Welfare Committee. Ursula Parrott's forthcomii:. novel, "Goodbye Again," has befl bought by Universal. Robert Andrews' "Drum Beat; and Ewing Scott's "Renegade" ha^ been acquired by Paramount. Nunnally Johnson, accompani^ by Mrs. Johnson, is in town fro the coast and is at the Warwick. Constance Cummings arrives he in two weeks to star in Crosi Gaige's play, "Old Loves." Robert Flaherty, G-B directc sails for England tomorrow on tl Aquitania. John McDermott, screen write arrived in town yesterday for a sho stay. Lou Metzger left for the coast ye terday and will return in a month. Joseph Santley has sold "Murd< in a Chinese Theatre" to M-G-M. Lynn Farnol is equipping a ne apartment in East 79th St. Trans Lux Rises Vi on Curb Hiirh Technicolor 13% Trans Lux 3% G. T. E. Bond Issues Advance General Theatre Bauipaeat *• '4t General The»tre Equipment 6* '4t, atf. Loew's 6s '41, ww deb riifhtt Paramount Broadway 3%s '31 Paramount F. L. 6s '47 Paramount Publix 5%b '50 Pa the 7s '37, ww.. Warner Bros. 6s '39, wd . <% . 9A .104 . 40% . 58% . 58% . 98% . 59 Net Low Close Change Sales 12% 13% 500 a 2 + % 500 dvance Net Lnr CIOM Chain* Sales •% «% + % 2 3% •% + % 15 103% 103% - % 4 40% 40% 1 57% 57% -% 25 57% 58 + % 20 98% 98% 2 58% 58% - % 9 Rests with Architects Architects are drawing plans for theatre and office building on the sit of the Rialto, 42nd St. and 7th Av Dependent upon their suggestions rest decision to proceed. Midtown Time' Square, Inc., is the name of a ne- company which has acquired the proj erty from the Gerry Estates. Artht Mayer, present operator of the Rialt< has a year to go on his present leas "Little Men** to Start Hollywood, Nov. 7. — Mascot's pn' duction of Louisa M. Alcott's "Litt', Men" will start shooting Friday witv Phil Rosen directing. The cast ir eludes Erin O'Brien-Moore, Ralp Morgan, Frankie Darro, Cora Su, Collins, Dickie Moore, Trent Durkii Tad Alexander, Margaret Mam George Ernst, and Ronni Crosby. To Meet on Magazine Bat Hollywood, Nov. 7. — Publicity d rectors will meet tomorrow to discus banning magazines tying up Broad way's semi-nude chorines with picturi stars. It stood 'em up in ROCHESTER // was a sensation in CINCINNATI // bowled 'em over in INDIANAPOLIS It was colossal in ST. LOUIS What's the use of being ~ modest* IT'S JUST A HELL OF A SWELL PICTURE! JOHN GILBERT WALTER CONNOLLY^x v ? WALTER ^)CATLET1 TALA B I R E LL CAPUIN HATB4HA A LEWIS MILESTONE PRODUCTION Story and screen play by Wallace Smith Directed by Lewis Milestone COLUMBIA PI C T U R MOTION PICTURE DAILY Thursday, November 8. 1934 Showdown on Clearance Is Sought Today (Continued from page 1) astounded by M-G-M and Paramount obj ections. Exhibitors generally agree there is no other way to set clearances other than by admissions. Distributors, how- ever, want to sell protection. Prac- tically all major circuit deals through- out the country are now closed and have special protection clauses in them, it is understood. Whether clearance schedules to be adopted will super- sede contract clauses has not yet been determined. A special effort on the part of some Campi men will be made today to rush through the Kansas City sched- ule so that it can be put into operation by Dec. 1. A report on the Los An- geles plan will be presented, but indi- cations are it will not be approved today. A special hearing was held yester- day on the Port Richmond, S. I. and Leonia, N. J., clearance decisions handed down recently by Campi. An application for rehearing will be pre- sented today for action. In both cases, the complainants, although given decisions, are dissatisfied. Loew Case Up Again Loew's Victory against Forum and Fleetwood, a clearance case which has been on and off the Campi calen- dar for the past few sessions, is again listed for disposition today. Certain Code Authority members are so riled at the "slow motion" at- titude in getting clearance set up that unless something is done today one or two may resign, it was reported last night. The attitude of the com- plainants is that all the appeal hear- ings have been a waste of time if Campi cannot expedite matters on na- tional zoning. Division Administrator Sol A. Ro- senblatt is reported displeased with the constant delays and is ready to take action. One report has it he may increase Campi from 10 to 15 with exhibitor representation outnum- bering distributors. With the country voting in favor of the "New Deal," Rosenblatt is definitely set to continue in his present post. He has certain changes in mind as far as Campi is concerned, it is stated. Deputy Ad- ministrator William P. Farnsworth will substitute for Rosenblatt today as he did at the last session. Maximum Dating Time Asked in K. C. Kansas Cj'ty, Nov. 7. — A resolution asking all exchange managers here to fix maximum clearance as a definite dating period was adopted today at a meeting of the I. T. O. No objections were expressed to the minimum and maximum clearances with difference of seven days as in- cluded in the schedule up for Campi approval tomorrow. Instead a request for a maximum dating period will be made to the exchanges direct. The idea is to prevent preferred dating by favored exhibitors, according to those at the meeting. Surprise Party for Horne Actually Proves Surprise At Hal Home's surprise party yesterday. Left to right: Monroe Greenthal, Hal Home, Mrs. Home, A. J. Kohler, Sally Blane and Abe Lehr. Hal Horne, arch conspirator in the matter of arranging surprise parties, found himself on the receiving end yesterday and liked it. It seemed that Lea Sachs, who yes- terday became Mrs. Horne, had prov- en herself a woman of great resolve and, in the last few years, had turned down Home's offer of marriage with great regularity. The detail of what happened latterly is not clear, but what is clear is that Hal won out eventually and the couple married at City Hall yesterday. That's the why of the surprise party. About 160 turned up at Leon and Eddie's. There were press agents of other companies, trade and daily news- paper men and virtually the entire array of United Artists executives. Hal arrived first, had a date to meet the bride, drank no drinks because he had promised not to and held his breath until Mrs. Horne arrived. Jack Benny was among those who took advantage of the situation an3 not only kissed the bride, but the groom as well. He was not misunder- stood. Harry Brand, publicity man at the U. A. studio, wired a sugges- tion that Hal first ascertain whether Lea Sachs was of the Sth Ave. Saks or Goldman, Sachs and, if the latter, for Horne to wait until Eddie Cantor wins his suit. Monroe Greenthal was master of ceremonies. He was busy and so were the photographers. Al Lichtman described the nuptials not as a "wed- ding, but as a reconciliation." Horne thought that was funny, but his smile at the crack wasn't all that it might have been. Kay Kamen, distributor of the Mickey Mouse accessories, wired an offer of $15 for Hal's address book, but the party broke up without any deal. There were some around who thought that this augured badly for the future. Nobody paid much attention to the speeches, but Paul Benjamin, repre- senting the Ampas, delivered his speech in the form of a present : a traveling bag. On the dais were Dennis F. O'Brien, William P. Phillips, Harry D. Buck- ley, Joe Moskowitz, Harry Goetz, Al Lichtman, Monroe Greenthal, A. J. Kobler, James Mulvey, Abe Lehr and Fred Kohlmar. Horne and Mrs. Horne shook off the well wishers in plenty of time to make the Century, coast-bound, where he will confer with Darryl F. Za- nuck on exploitation plans for "The Mighty Barnum." Reingold Back on Job St. Louis, Nov. 7.— B. B. Rein- gold, . local manager for Fox, who had been ill for several weeks with a mild attack of pneumonia, has re- turned to his desk. He has not yet recovered his full strength, but is expected to be hitting on all 12 cylin- ders at an early date. Indianapolis Ohio Open Indianapolis, Nov. 7. — The Ohio theatre has opened here with a double feature. George Settos, who formerly operated a circuit in Ohio, leased the house from D. A. Coulter. Move Dickinson Booking Kansas City, Nov. 7. — The book- ing department of the Dickinson cir- cuit has been moved from Kansas City to Lawrence, Kan., where the circuit maintains headquarters. Gaumont Has 90% of U. S. Territory Set (Continued from page 1) arrives Saturday. From Los Angeles he will go to San Francisco and then make several other key cities en route east. He will be back in three weeks. Weeks has closed deals with A. C. Hayman for Hayman's first run hous- es in Buffalo and Niagara Falls and with Elmer Rhoden, Fox Midwest circuit, for first run in Kansas City and 60 other spots. Weeks has also appointed Marcel Mekelburg of Albany as salesman. "Man of Aran" ended its run at the Criterion last night, grossing ap- proximately $3,500 on the final seven days. This afternoon the picture opens at the Westminster on the same two-a-day policy. Carl Goe is in charge of the Westminster for G-B. Harry Brandt has closed for the entire Gaumont British lineup for his Obstacles to New Plan for Para. Fading (Continued from page 1) more than 50 per cent of the Para- mount shares outstanding. These dif- ferences, it is expected, will be ironed out within a week or 10 days. These formal preparations for sub- mission of the Paramount plan are re- garded in reorganization quarters as routine procedure and not likely to de- lay completion of the plan later than Dec. 1. Barring unexpected delays, it was said there is an excellent chance of a reorganized Paramount by Jan. 1. The agreement involving Erpi's claim is understood to be of a provi- sional nature, the effectiveness of which may depend on the outcome of the current American Tri-Ergon pat- ent litigation. Also schedule for early completion, it was stated, is the reor- ganization plan for Olympia Theatres, Paramount's New England subsidiary, which may be completed within the next week. Court Permits Para, Suit Against Warner Permission to retain counsel to press the long pending Paramount Publix patent infringement action against Warners and First National over the Dunning process of composite picture making was granted the Paramount trustees yesterday by Federal Judge Alfred C. Coxe. The suit, which has been pending in Federal court at Los Angeles since 1930, asks for an injunction and an accounting by the Warner companies and subsidiaries. Paramount is a joint complainant with Dunning Process Co. in the action and, under cross licensing agreements would receive 25 per cent of any judgment won. The Dunning company would also receive 25 per cent and Roy J. Pomeroy, 50 per cent. Hornidge & Dowd, New York pat- ent attorneys, will be retained by the Paramount trustees to press the action. The firm has advised the trustees that, in its opinion, an appreciable sum may be realized if an accounting is obtained. Expect Early Deal With E, V. Richards (Continued from page 1) the Paramount Publix trustees in the negotiations which are progressing "encouragingly", according to authori- tative sources. An adjustment of Rich- ards' participating interest in the re- organized Saenger companies in Para- mount's favor is at stake. An agree- ment would permit the reorganization of the large southern circuit to pro- ceed as soon as the changes resulting from the negotiations had been in- corporated in the Saenger reorganiza- tion plan, which is complete in all other respects. i circuit. "Evergreen" goes into the Music Hall some time in December and George Arliss in "The Iron Duke'' is slated to play the house in January. Definite dates are not set. TACC JACK IS BACK ! Jack is John W. Alicoate, Editor and Publisher Film Daily. He's just back from Europe . . . He's always just back . . . From somewhere. .. Because wherever news is... Jack is... Exhibitors can depend upon him . . . Film Daily judges pictures by the box-office. .. Film Daily said that "Chu Chin Chow" "Power" I, "Little Friend" and "Man of Aran" were all box-office . . . Each one of these four has delivered at the Box-office. Remember fhese titles: "CHU CHIN CHOW" "POWER" "LITTLE FRIEND" "MAN OF ARAN" , COMING! EVELYN LAYE in "EVENSONG" ROXY FRI. NOV. 16 ON THE WAY! GEORGE ARLISS in "THE IRON DUKE" PHYSICAL DISTRIBUTION • FOX EXCHANGES • CANADA, REGAL FILMS, LTD. MOTION PICTURE DAILY Thursday, November 8, 1924 Midwest Uses Plan Of Rating Pictures {Continued from page 1) beneficial results are reported by the theatres, especially in the smaller cities and towns where the manager is closer to community contacts. Part of an elaborate campaign to counteract current criticisms of pic- tures and designed to win over the critics, the "earmarking" idea was intended to return to the parents the responsibility for selection of film fare for children. "We had to do something to counter- act the agitation and tune in with the trend for more wholesome enter- tainment," observes E. C. Rhoden, Fox Midwest division manager. While the plan originally contem- plated designating pictures with an A or an F in newspaper and other advertising, this so far has not been developed. But the same purpose is achieved by the issuance of leaflets, one a month, similar in form and con- tent to the "Selected Motion Pictures" booklet distributed by the M. P. P. D. A. These leaflets, condensed to four pages, list current releases used by the circuit's theatres and appended are the estimates of the west and east coast preview committees. The segre- gation idea is carried out, and each picture is marked for either adult or family suitability. Leaflets Mailed to Parents The leaflets are placed in the hands of those directly interested, being mailed by individual managers to a selected list of parents, as well as Parent-Teacher organizations, women's clubs and other groups. Discussing the classification plan, H. E. Jameyson, Fox Midwest dis- trict manager at Wichita, one of the circuit executives who worked it out, recently said : "We are not kidding ourselves about this plan. We do not expect to see the families flock out en masse to see every family picture. Neither do we expect to see children stay away from strictly adult pictures. We know from experience that parents will bring children to see such pictures. "But we do believe that if this plan is carried out, thoughtful people will realize we are attempting to do our part in keeping youngsters away from pictures they shouldn't see and we also believe our efforts in this respect will win much good will in the com- munity." Roxy, Rialto May Be Fox Outlet on B'way (.Continued ■from page 1) deal is made it will be on an individual picture agreement. The Rialto opened with "The Last World War," which was turned down by Walter Reade and has nothing to do with the new proposition on tap. Both the Rialto and Roxy are open to individual film deals with Fox, but Harry C. Arthur and Arthur Mayer will look at them first before doing business. Cohen, Herzbrun West Emanuel Cohen, Paramount produc- tion head, and Henry Herzbrun, studio attorney, left for the coast yesterday after a 15-day visit here. In the same party were Mrs. Douglas MacLean, wife of the Paramount producer, and Lewis Genzler, song writer. MOTION PICTURE DAILY* HOLLYWOOD PREVIEW "Babbitt" (First National) Hollywood, Nov. 7. — Flavored with the salty humor of American home life, blending comedy and pathos, Guy Kibbee delivers a broad- brushed, engaging portrait of Sinclair Lewis' main stem hero who goes along, content with real estate, a little fun and a zebra Rotary club. The present film version deviates somewhat from Lewis' satirical novel and, although it is minus the barbs and ridicule, nevertheless the film stands on its own feet as a human, homely entity leavened with laughter and presenting family entertainment to suffuse audiences with a comfortable feeling. The story is of a middle-aged realtor who innocently gets involved with a girl who tries to shake him down. It shows how his family and friends stick to him. Kibbee's character portrayal is a gem of joy with that sterling trouper, Aline MacMahon, as his wife, good, as always. Minna Gombell handles What the Symbols Mean Reviews classified with a "G" are regarded as suitable for general entertainment. Those with an "A" are regarded as suitable for adult enter- tainment. a difficult role splendidly. Minor Watson makes a small role stand out. Alan Hale, Berton Churchill, Claire Dodd, Maxine Lewis and Glen Boles balance the cast. William Keighley directed smartly from the screen play by Alary McCall and the adaptation by Tom Reed and Nevin Busch with addi- tional dialogue by Ben Markson. The photography by Arthur Todd is okay. Containing hearty laughs and human interest, this film should satisfy generally as better than average. Production code seal, No. 349. Run- ning time, 65 minutes. Classification: "G." Looking 'Em Over "Are You a Mason?" (Olympic) Twickenham studios have turned out in "Are You a Mason?" an amusing farce comedy. Here is pretty good fun handled with relish and briskness by a capable cast. The film is fortunate in that it is free of the clipped English speech that mars so many British productions. Sonnie Hale's ma-in-law (Bertha Belmore) is a bug on Free Masonry. To her a person is good or bad according to whether or not he is a Mason. She is insistent that Hale join up. To win her favor he deceives her into believing he has done so. Grand fun results when he finds him- self in the presence of his father-in-law (J. Robertson Hare), also a fake Mason, inspired in the deception by the fact it was the only way of being free of his wife one day in the week. The two men are wary of each other, each believing the other to be an honest-to-goodness member of the order. Hale makes a bad move when he confesses to Hare. He gets even by raking up the ashes of a past indiscretion. The plot then goes off into some humorous tangents. Some of the other players are Davy Burnaby, Gwyneth Lloyd, Joyce Kirby and Lewis Shaw. Henry Edwards directed well. No code seal. Running time, 74 minutes. Classification : "G." "The First World War," last night's premier at the Rialto, was reviewed Oct. 31. "The White Parade," tomorroiv morning's opener at the Paramount, was reviewed by wire from Hollywood Oct. 19. "Evelyn Prentice," which opens at the Capitol tomorroiv morning, iiras reviewed by wire from Hollyzcood Oct. 29. "There's Always Tomorrow'," tonight's preview at the Roxy, zvas reviewed Aug. 23. "Kid Millions," Saturday morning's premiere at the Rivoli, was reviewed by wire from Hollywood Sept. 27. Court Fight Looms On K. C. Premiums (Continued from page 1) indication that an early court test wi; be sought. Ulmann at the outset dt- . nied the board's authority to conduct I a hearing, alleging no ban existed 1 as the poll of exhibitor sentiment on the matter lacked the necessary 75 per cent vote of unaffiliated show- men, since six who voted for the ban later requested their vote be re- versed. Referring to the board's alleged re- fusal to honor this request, Ulmann attempted to impeach the body's pro- cedure in making the ban effective and asked that cases filed by Fox Midwest against Charles Potter and E. S. Young, involving three the- atres, be thrown out. Ulmann offered no defense, but de- nied premiums were given by the respondents. It is understood the group mapping the fight on the premium ban will waive the right to appeal to Campi in the event of an adverse decision, pre- ferring to take the fight to the courts direct from the local board. Decision on the hearing will be given Saturday. Ohio Tax Comes Up Sixth Time Nov. 19 Columbus, Nov. 7. — With the smoke of election clearing, the post- election session of the General Assem- bly is expected to be called by Gov- ernor White on Nov. 19, during which the sales tax, defeated five times in previous sessions, is scheduled to come up for final consideration by the present incumbents. Some feel the measure will go over until Jan. 1. Meanwhile, exhibitors, both indi- vidually and through their organiza- tion affiliations, are bringing every possible pressure to bear to speed passage of the sales tax, now tenta- tively set at three per cent, as it will mean repeal of the present admission impost, ultimately, if not now. Farnol Resigns His Post with Goldwyn (Continued from page 1) split is amicable and predicated on Farnol's desire to enter a new field. No successor has been named. Hollywood, Nov. 7. — Samuel Gold- wyn stated today Lynn Farnol's resig- nation was news to him and that, since it has never been discussed until now, he has nobody in mind as a suc- cessor. Seadler, Doob Returning Si Seadler, assistant to Howard Dietz, and Oscar Doob, head of ad- vertising and publicity for Loew The- atres, who have been on the coast looking over M-G-M's coming prod- uct, are expected back by plane today. Harry Thomas on Tour Harry Thomas, president of First Division Exchanges, left for Detroit last night on a tour of various key cities. From Detroit he plans to visit Chicago, Atlanta, New Orleans, Char- lotte and Dallas, returning here in about three weeks. tlie (Of Universal Pictures Corporation) SATURDAY, DECEMBER 1, 1934 DINNER AT EIGHT ENTERTAINMENT AND DANCING FROM THEN ON MAKE YOUR RESERVATIONS NOW CALL UNIVERSAL CLUB CIRCLE 7-7100 TICKETS . . $7.50 Per Person MOTION PICTURE DAILY Thursday, November 8, 193 8 Allied Law Moves Ready, Samuelson (Continued from page 1) A. S. C. A. P., a complete revision of the code and Campi setup and elimina- tion of block booking. Samuelson will outline plans to the New Jersey unit at its regular meet- ing next Tuesday. He had intended to be present at the annual meeting of Allied of Michigan in Flint yesterday and today, but because of the elections he called off the trip. The original date for the meeting was Oct. 6-7, when Samuelson had planned to attend. Directors of the national organiza- tion will meet in New Orleans around Dec. 10. The annual meeting of the membership will take place in Chicago shortly after the first of next year. Allied of Michigan Opens Two-Day Meet Flint, Mich., Nov. 7. — Allied of Michigan opened the first session of a two-day annual meeting here today with Ray Branch president, wielding the gavel. Election of officers is slated for to- morrow. Nominations are by petition and elections by closed ballot. Branch may continue his present post. Abram F. Myers, Allied counsel, decried block booking, holding it the direct cause of the Legion of Decency campaign here. He said the whole country has returned to the "booking evil," adding Allied will wage a bit- ter fight against it. Discussion of the Tri-Ergon patent decision and amendment of the code for protection of the independent ex- hibitor brought the 200 delegates to their feet in wild applause. Fred McWilliams and Fred Har- rington were among those present. H. M. Richey, James Minter and Lester Matt are in charge of local arrangements. Fireworks are expected at tomorrow's session. Educational Signs Aces Kansas City, Nov. 7. — Goodman Ace, formerly film critic and columnist of the Kamas City Journal-Post, and his wife, Jane Ace, have been signed by Educational and will be featured in a series of two-reel "Marriage Wows" comedies, he has informed friends here. They also will make a series of comic travelogues for Van Beuren this season. The Aces are known through their chain radio fea- ture, "Easy Aces." Miss Meehan Engaged Hollywood, Nov. 7. — Jeannette Meehan, member of the Hollywood staff of Motion Picture Daily, is the recipient of a sparkler, large enough to dwarf the cuff button of Diamond Jim Brady, which calls for a trip to the altar next May with the donor, Swanton Dorse Dalton. The groom- to-be is catalogued in the annals of science as a chemical engineer for the General Petroleum corporation. Oregon Governor Friendly Portland, Nov. 7.— General Charles G. Martin, elected governor of Ore- gon yesterday, today promised the in- dustry the same cooperation he ex- tended it when he was in Congress. Taxes to Be Allied Topic at Des Moines Des Moines, Nov. 7. — Taxes will be the principal subject of discussion at a convention to be held here Nov. 13 by Allied Theatre Owners, Inc. First among the taxes will be the new rates of A.S.C.A.P. Another will be the Iowa sales tax. A state offi- cial will be present to explain its workings. A movement is under way to intro- duce an amusements tax in the next session of the legislature and opposi- tion to it is being lined up. Para. Sues in Sandusky Sandusky, O., Nov. 7. — Suit has been filed in Common Pleas Court here by Paramount Distributing Co. against Howard Carter, operating the Lib- erty, at Vermillion, O., seeking judg- ment for $990 for failure to play or pay for Paramount product according to contract. The action sets forth that Carter contracted for 35 features, but refused to play "Belle of the Nineties" and "Good Dame." Rental for the two pictures is given as $20.50 and $13, respectively. End Kenton Schine Suit Kenton, O., Nov. 7. — The Kenton Amusement Co. has ended suits to compel continuation of the 20-year lease given to Schine Chain Theatres, Inc., and personal operation of its modern theatre and office building here. A settlement was reached. The Kenton will reopen soon under man- agement of G. H. Foster of Marion. March, Gable to Zanuck Hollywood, Nov. 7. — Darryl Za- nuck has signed Fredric March for the leading role in "Les Miserables." Zanuck has also borrowed Clark Gable from M-G-M for "Call of the Wild," which William Wellman will direct. Both pictures will go into pro- duction early next month. Hawthorne Funeral Held Funeral services were held yester- day for Charles Evans Hawthorne, Paramount lawyer handling real es- tate, from his home in New Rochelle. Burial was in Kensico Cemetery and was private. Hawthorne died Saturday from pneumonia. He is survived by his sis- ter, Mrs. Adelaide H. Woodin. Newman Death Shock Phil Reisman, vice-president and general foreign sales manager of the RKO Export Corp., issued a statement yesterday expressing his firm's shock and sorrow at the death of Sol G. Newman in England and expressing condolence to his widow. John Servaas Is Shot Indianapolis, Nov. 7. — John Ser- vaas, operator of Exhibitors' Ex- change and a circuit of theatres in Indiana, was seriously wounded by a bandit who robbed him of approxi- mately $100. Little hope is held for his recovery at Methodist Hospital. Sanders Subs for Brandt Rudolph Sanders substituted for Harry Brandt as presiding officer at the regular ITOA meeting yester- day. Brandt was home ill. Nothing of importance was discussed. Supply Men to Hold Board Meeting Here The second annual meeting of the board of the Independent Theatre Supply Dealers' Assn. will be held to- day at the organization's headquarters in the Paramount Bldg., with J. E. Robin, president, in charge. Direc- tors who are here to attend the meet- ing are B. F. Shearer, Seattle ; H. W. Graham, Denver ; Ray Smith, Mil- waukee ; Max Ruben, Detroit ; K. R. Douglas, Boston ; Clem Rizzo, Phila- delphia, and J. C. Hornstein. A discussion of the theatre supply code is scheduled for the meeting. Sinclair Threatens Drive for EPIC Plan (Continued from page 1) opposition, Sinclair stated that "this election has just been a skirmish and our people have enlisted for the war." Hollywood, Nov. 7. — C. C. Petti- john, counsel for the M. P. P. D. A., was flooded with congratulations from all branches of the industry today for his work in the campaign to defeat Upton Sinclair as he prepared to de- part tonight for New York. Among the tributes was one from Louis B. Mayer. Manhattan Opens Sunday Manhattan, Kan., Nov. 7. — The long fight for Sunday shows that has been waged here was brought to a climax yesterday when local voters approved the measure in yesterday's referendum by a majority of 839. The proposition was defeated in the refer- endum last year. Hear Arcturus-RCA Suit Wilmington, Nov. .7. — Chancellor J. O. Wolcott is hearing testimony in the injunction suit of the Arcturus Radio Tube Co. against RCA. Arc- turus seeks to have RCA enjoined from enforcing a minimum royalty clause in a licensing agreement. Closes Minnesota Deal Jules Levy, vice-president and gen- eral manager of RKO Distributing Corp., has closed a deal with the Friedhl-Publix circuit of Minnesota for his company's entire product for 1934-35. Cancels Two Musicals Radio will not release the two Lou Brock musicals announced for the 1934-35 schedule as Brock has resigned from the studio staff to join another organization. Campi Takes More Space Campi has taken an additional 600 feet at the RKO Building in Radio City. Milton Silber and Sam Moross, in addition to a number of filing clerks, occupy the new space. Una O'Connor Is Hurt Hollywood, Nov. 7. — Injuries were suffered by Una O'Connor yesterday when she was thrown by her horse. She will be confined to a hospital three weeks, it was stated. "College Rhythm" Shown Paramount held a trade showing of "College Rhythm" at the Astor yes- terday morning. "Dames" Is $9,400 Grosser in Omaha Omaha, Nov. 7. — "Dames" clicks" to the tune of $9,400 at the Paramoun last week. Business was good elsewhere, toe. "Six-Day Bike Rider" and "A Girl o the Limberlost" went over par b> $1,500 for a $5,000 gross at the Bran deis, and "Here Comes the Navy" am "One Exciting Adventure" were ove normal by $1,600 on a $9,100 gross a the Orpheum. Total first run business was ?27,00t Average is $22,500. Estimated takings : Week Ending Oct. 31: "STUDENT TOUR" (M-G-M) "READY FOR LOVE" (Para.) WORLD— (2,200), 25c-40c, 7 days. Gross $3,500. (Average, $3,500) "DAMES" (Warners) PARAMOUNT— (2,800), 25c-40c, 7 day; Gross: $9,400. (Average, $8,000) Week Ending Nov. 1: "SIX-DAY BIKE RIDER" (F. N.) "A GIRL OF THE LIMBERLOST" (Monogram) BRANDEIS— (1,500), 20c-255-35c, 7 dayi Gross: $5,000. (Average, $3,500) "HERE COMES THE NAVY" (Warners "ONE EXCITING ADVENTURE" (Univ. ORPHEUM— (3,000), 25c-40c, 7 day? Gross: $9,100. (Average, $7,500) Guild to Keep Talks On Equity Move Quiet Hollywood, Nov. 7. — Decision t keep discussions on the propose affiliation with Actors Equity secre until all problems are thrashed ou; satisfactorily to both groups wa reached at a meeting held behini closed doors tonight by the board o governors and advisory council of th Screen Actors' Guild. The proposa will then go to the general member ship, it is understood. Radio to Do Grant Yari Hollywood, Nov. 7.— Radio is pre paring to film a story based on th< life of General U. S. Grant and ha: purchased the Arthur Goodrich play "Mr. Grant." The studio will immediately launcl a buildup campaign on the picture b} sending written queries to the various drama editors and critics throughoui the country regarding their choice foi the starring role. Lazarus En Route East Minneapolis, Nov. 7. — Paul Laza- rus, western division manager for United Artists, has arrived here fron Hollywood for a short stay. While here he will confer with local filrr men. He plans to leave for New York the end of the week. Real Estate Men Protest St. Louis, Nov. 7. — The Real Es- tate Exchange has joined the protest; against leasing the Municipal Audi- torium for "Ziegfeld's Follies." Renew with Andy Clyde Hollywood, Nov. 7. — Columbia has renewed its option on Andy Clyde for another series of comedies. Milwaukee Strand Dark Milwaukee, Nov. 7. — Warners' Strand, 1,400-seat first run, has gone dark after operating two weeks. MOTION PICTURE DAILY Alert, Intelligent the I in All Branches 3L. 36. NO. Ill NEW YORK, FRIDAY, NOVEMBER 9, 1934 TEN CENTS 'ew Seeking Cancellation Of Film Here 7 sing All Current List; New Buying Delayed Exhibitors are asking few cancel- ions in the Greater New York area, survey of local branch managers in- rates. According to exchange men, ex- bitors are using as many pictures on 33-34 contracts as possible because ry little buying of new product has evailed. Now that the Loew-RKO ioking situation is cleared, salesmen e beginning to turn in new deals. Some exchangemen state that, in a imber of instances where theatremen nceled a few pictures, they are be- g repurchased because of a shortage, liis is not general, it is stated, but evails in a few cases. Exhibitors wishing to cancel must itify bookers within 14 days after lease date notices are posted in ex- anges. If they fail to cancel within e two-week period they must book cording to releases as available. So far no grievances involving can- llations have come before the local iard. . eals Given to 18 Features, 9 Shorts Hollywood, Nov. 8. — Eighteen fea- res, nine shorts and one serial epi- de have received certificates of ap- oval from the Production Code Ad- inistration over the 10-day period am Oct. 18 to Oct. 28. The total ice the bureau started July 15 is >w 186 features and 164 shorts. Paramount tops the list with five. rarners and Columbia are second ith three features and one short ch. Universal has two features, o shorts and a serial episode. Fox is two features, Radio, Monogram (Continued on page 12) ? Monogram (Features) "Lost in the Stratosphere." Paramount (Features) "Enter Madame," "Code of the West," "Limehouse Njghts," "Here Is My Heart" and "It's a Gift." Radio (Features) "Lightning Strikes Twice." United Artists (Shorts) "The Goddess of Spring" (Disney). Universal (Features) "When a Man Sees Red" and "Tres Amores" (Spanish). (Shorts) "Sky Larks" and "Rival Romeos." (Serials) "Tailspin Tommy" No. 10— "Death at the Controls." Warners (Features) "Babbitt," "Flirtation Walk" and "I Am a Thief." (Shorts) "Vacation Daze." 39 Weeks' Loss Cut By K-A-0 and Keith (Continued from page 1) when Orpheum was adjudicated bank- rupt. Net loss of $173,603.75 after all charges for the 39 weeks ended Sept. 29 is reported for B. F. Keith Corp. and subsidiary companies. In the same period of 1933 a loss of $354,- 038.53 was sustained. 9 33 Maryland Gross Totaled $6,336,000 (Continued from page 1) were $4,939,000 and payrolls of $994,- 000, and three other houses with re- ceipts of $159,000 and payrolls of $97,000. The four race tracks in the state reported receipts of $2,127,000. Rosso Visiting Studios Hollywood, Nov. 8. — Ambassador Rosso of Italy has arrived here to visit the studios to obtain information for Premier Mussolini on the workings of the industry. He said: "Premier Mussolini is anxious to build up the motion picture industry in Italy." Seven Are Held as "Bombing" Suspects After trailing several men for weeks, detectives yesterday rounded up seven on charges of violating the penal code by having in their pos- session valeric acid, a stench bomb fluid. It was said by the detectives that ome of the prisoners confessed and admitted they were "contractors" who arranged for the bombing of theatres md other places. In the lineup, how- ever, all denied the charges. The alleged "contractors" were booked as John Borofsky, operator, of Elmhurst, L. I., and Charles Selzer, of Brooklyn. The other prisoners were booked as : Charles Chrust, Long Island City; Thomas Strong, Long Island City; Morris Toback, Brook- lyn; August Lacaze, Long Island City, and John Reilly, New York. Urges Non-Pro fit Films Atlantic City, Nov. 8.— The 34th annual convention of the New Jersey Congress of Parents and Teachers at the Hotel Ambassador here was urged today by Mrs. Robbins Gilman, mo- tion picture chairman of the National Congress of Parents and Teachers, to fight for the production of educational and recreational films made wjth no eye to profit. Claim New Rialto Mark "The First World War" estab- lished a new opening day record for the year at the Rialto yesterday, ac- cording to a statement issued by the theatre management late yesterday afternoon. The first week's gross is expected to approximate $25,000 on the basis of yesterday's receipts, ac- cording to the management. Brandt, Weinzimmer III Harry Brandt, president of the I. T. O. A., and Louis Weinzimmer of Progressive Poster Exchange, are down with the grip. Thornton Kelly, New Jersey exhibitor, was in bed with a bad cold for four days and was back on the job yesterday. Eastman Kodak Dividend Eastman Kodak Co. has declared a regular quarterly dividend of $1 per share on its common stock and $1.50 on its preferred, both payable Jan. 2 to stockholders of record Dec. 5. Cramblet to U. A. Minneapolis, Nov. 8. — Ralph Cramblet has been appointed branch manager of the local United Artists exchange. He succeeds Max Stahl, who resigned. Macfadden Ups Carlisle William S. Carlisle has been switched to eastern advertising man- ager of its women's group of maga- zines by the Bernarr Macfadden Pub- lishing Co. Dave Gould Sails Dec. 1 Dave Gould, head of M-G-M's branch in Puerto Rico, sails on the San Juan on Dec. 1 for home. He is here for his health. Meet on Charity Drive Industry leaders active in the Fed- eration of Jewish Charities yesterday met at the M. P. Club. Short Subjects "An Old Spanish Onion" (Radio) The story takes place in Spanish California in 1842 and has Ruth Et- ting visiting friends who own a ha- cienda. To aid her girl friend in marrying her fiance, Miss Etting sings while her friend goes through the mo- "G" for General "A" for Adults Motion Picture Daily's film classification system launched yesterday on fea- tures today is extended to all shorts as well. The "G" symbol indicates general entertainment. The "A" symbol indicates adult entertainment. tion. She does two numbers and these are the only redeemable fea- tures of the picture. Etting fans might enjoy this, but it is below her usual Etting standard. Code seal, No. 285. Running time, 20 mins. Classifi- cation : "G." "A Toyland Broadcast* {M-G-M) An exceptionally fine cartoon done in Technicolor that should have par- ticular appeal to children. The toys in a nursery come to life and broadcast a musical program of varieties. Paul Whiteman, Kate Smith, Bing Crosby and Rubinoff are some of the radio stars impersonated by the characters. No code seal. Running time, 7 mins. Classification : "G." "At the Mike" {Universal) Ford Bond, radio announcer, in- troduces Bennie Ross, Tess Gardella (Aunt Jemima), Maxine Stone, Kath- leen Howard and Baby Rose Marie in this Mentone short. They combine to serve up a miniature variety pro- gram that is fast moving and enter- taining. Code seal, No. 0146. Run ning time, 20 mins. Classification: "G." Flash Reviews Sequoia — ... an unusual wild ani- mal picture . . . seems destined to be outstanding and one of the most talked about ... a worthy attraction for any theatre. It's a Gift — Being clean and highly enjoyable, it will appeal to all crying for laughs. The Silver Streak — . . . provokes exploitation angles for exhibitors. However, its story values lower its en- tertainment values. Flirting With Danger — Handi- capped by a slow start and dialogue in keeping, this picture winds up as thor- oughly acceptable comedy. . . . Jealousy — Up to the closing se- quence . . . the story moves swiftly and has plenty of action and suspense. Against the Law — The story has its moments. . . . Lambert Hillyer has done a good directorial job with story material that is a bit creaky. . . . These films will be reviewed i" full in a later issue of Motion Picture Daily. Ray Branch Renamed* By Michigan Allied Flint, Mich., Nov. 8. — Ray Branch,) Hastings, was re-elected president in,- day of Allied of Michigan at its coi - vention at the Durant Hotel her -j Other i/fficers named were: l-'raiikj Wetsman, Detroit, vice-president ; William Schuttenhelm, Detroit, trea^ urer ; Barney Kilbride, Detroit, sec - retary. Directors elected include Samudj Brown, M. J. Chargot, Fred Delodder, E. E. Kirchner, William London. James Ritter, F. H. Schneider, AlecB Schreiber, J. E. Stocker, Lew Wisper.B all of Detroit; A. Eiseman and JamesB Minter, Flint; G. A. Cross, BattleB Creek ; W. A. Cassiday, Midland ;■ Allen Johnson, W. E. Goodrich, Royl Taylor, all of Grand Rapids ; J. CI Peck, Fenton; P. C. Schram, KalaJ mazoo. The convention went on record! against the A.S.C.A.P. music taxes. 1 Liberty Closes New Dealm Negotiations for the distribution of« Liberty's lineup of 12 productions infl the Atlanta, Charlotte and New Or-M leans territories have been closed withl First Division. The deal includes afl franchise arrangement with Big Fea-I ture Rights to distribute the LibertyB product for First Division in Ken-I tucky and Tennessee. Coming on Guild Move J Hollywood, Nov. 8. — Kenneth Thomson and Lawrence Beilenson, attorney for the Screen Actors' Guild, were on their way to New York by plane tonight for conferences with Equity to clarify details of the pro- posed affiliation between the two groups. "Tragedy" Suit Settled Syracuse, N. Y., Nov. 8.— The libel suit brought against Paramount Pub- lix by Minerva Brown, mother of Grace Brown, whose tragic romance with Chester Gillette formed the basis of "An American Tragedy," was set-j tied today. Fleck Now Sound Head , Hollywood, Nov. 8. — Fred Fleck." who has spent the last five years at Radio as an assistant director, budget expert and assistant to C. D. White. i studio manager, has been appointed head of the sound recording depart- ' ment at the company's studio. "Big U" Wins in Drive Leo Abrams and the "Big U" sales force in New York are the winners in the J. R. Grainger three months' sales drive, which ended last month. Boston placed second and Detroit rated third in the drive which had all the earmarks of stiff competition. Blumstein to 1st Div. Abe Blumstein, formerly in charge' of short subjects in the Chicago Col-( umbia exchange, yesterday joined' First Division as assistant to Morris Epstein, local branch manager. Blum-* stein starts Monday. "Shivers" for Langdon Hollywood, Nov. 8. — "Shivers!" is the title of the Harry Langdon com- edy which is set for production to- morrow at Columbia. 13 S A LUCKY NUMBERS fhen you're the thirteenth . . . and the other twelve are an even dozen of jtiful co-eds, blonde . . . brunette . . . and redhead, just begging for attention! anny Ross is the boy who has learned that when you're stumped for words, song will turn the trick... and he's putting theory into practice in this musical anversation with a row of gorgeous gals who are too thrilled to answer back! hey're the babies who cheer . . . and get cheered with Lanny in Paramount's COLLEGE RHYTHM' OE PENNER • LANNY ROSS • JACK OAKIE • HELEN MACK YDA ROBERT! • MARY BRIAN-GEORGE BARBIER mitou****** Paramount Picture directed by Norman Taurog with plenty of words and lots of music by Gordon & Revel DOUGH BOYS/ It's there! .... profit, and plenty of it. . . . fo showme n • • • • in Educational's Short Feature • • . . the one line you can always count on fo that ideal short subject combination .... bit - star names, big production value and rea entertainment that sends them out smilin and happy. • . . and that means dough, boys And always more great stars SYLVIA FROOS and FRANK LUTHER two of radio's most famous singers See them in the single-reel Song Hit Story "The House Where I Was Born" and in the two-reel Musical Comedy "THE GIRL FROM PARADISE" with N.T. G. and the Paradise Revue Produced by Al Christie Distributed in U.S.A. ™ THE SPICE OF THE PROGRAM" by FOX Film Corporation The Leading MOTION PICTURE DAILY Alert, Intelligent the In in All Branches OL. 36. NO. 112 NEW YORK, SATURDAY, NOVEMBER 10, 1934 TEN CENTS Australians' Quota Moves Irk Britain ?ear They Will Give An Advantage to U. S. By BRUCE ALLAN London, Nov. 9 (By Mail).— Pro- osals for a quota law in Australia re causing some disquiet here, be- ause they provide for the right on the •art of the Australian exhibitor to can- el contracts for imported films, to How substitution of Australian pro- luctions. Australian made films rank is British in England, under the Films Vet, but British films in Australia vould, under present plans, be on the ame "non-Australian" footing as \merican imports, and owing to the trength of American distributing com- >anies in Australia, it is thought Brit- sh films would suffer more than American from the cancellation clause. * * * The Paramount Theatre, Liverpool, . 2,760-seater, was given a spectacu- ar opening. Paramount executives, leaded by J. C. Graham and Earl St. ■ ohn, led a large party of trade and iress visitors from London, and the (Continued on page 2) Say Czechoslovak Quota Is Abolished By J. K. RUTENBERG Berlin, Nov. 9. — Minister of Com- nerce Dostalek yesterday signed a de- :ree abolishing the Czecho-Slovakian nlm quota system, according to ad- rices received here today from Prague. Under the new regulations there is ;stablished an import license of 20,000 (Continued on page 2) Oct. Quigley Award To Robert H. Suits Manager Robert H. Suits of the Colonial, Reading, Pa., a Loew house, has been named winner of the Quigley \ward for October. His campaign on (Continued on page 3) Just a Night Off Philadelphia, Nov. 9.— First social gathering of the Inde- pendent Exhibitors' Ass'n. will be held this Sunday evening with a private film showing at the Fox. Later on the schedule is a dinner- dance to be held at the Bellevue-Stratford Nov. 25. St. Louisians Favor Letters For Film Ads Wehrenberg and Others Long Users of Plan St. Louis, Nov. 9. — Generally favorable reactions have developed here to the Warner Philadelphia plan of marking films for adult and family audiences. Fred Wehrenberg, presi- dent of the M.P.T.O. of Eastern Missouri and Southern Illinois, was outspoken in his praise of the plan. He has spoken in favor of the idea before many organizations for a num- ber of years past, and his theatres, the Cinderella, Melba, Michigan and Vir- ginia in South St. Louis, have often carried the line : "We do not recom- mend this picture for children." Many others, including St. Louis Amusement Co. houses, have also used the line in their newspaper ads. The local Better Films Council was one of the first in the country and has cooperated for a long time on family night shows Fridays in practically all the neighborhood houses here and throughout St. Louis County. The family night shows are said to have been profitable. Pettijohn Sees Tax Outlook as Hopeful Kansas City, Nov. 9. — Asked about the probable effects of the elec- tion on the tax situation in the near future, C. C. Pettijohn, M. P. P. D. A. counsel, passing through here on his way east from the coast, said today that "in view of the election of a Democratic House and Senate every- thing looks encouraging." He ex- pressed elation over the outcome of the California balloting. Pettijohn declared "this is the time for the industry to sit tight and make good pictures and say nothing." 1st Division-BIP Deal in the Offing London, Nov. 9. — The possibility of a reciprocal deal between First Divi- sion and British International is re- ported here following conferences held recently by William M. L. Fiske, III, who recently acquired an interest in First Division, and Arthur Dent of B. I. P. The conferences, it is said, have re- volved about arrangements for B. I. P. distribution of First Division's product (Continued on page 3) Says Zukor to Stay A 1 b u q u e r que, Nov. 9. — Adolph Zukor will continue as president of Paramount and his own contract still has some time to run, declared Emanuel Cohen, in charge of Paramount production, when they passed through here to- night on their return to the coast. Zukor and Cohen have been east for two weeks discuss- ing reorganization problems. With them was Henry Herz- brun, studio lawyer. No radical changes in the production are expected as a result of the reorganization, Cohen said. "We Live" $100,000 Hit at Music Hall The Music Hall did the best busi- ness on Broadway last week, garner- ing $100,000 with "We Live Again," which has been held for a second week. The Roxy with "Kansas City Princess" took in $32,500 and the the Rialto take for the week was $9,500 on "Six-Day Bike Rider." "Outcast Lady" combined with Amos 'n' Andy took only $28,500 at the Capitol. "The Merry Widow" is slated to go in next Friday and this will be followed by "The Painted Veil." The Paramount with "Mrs. (Continued on page 2) Clyde to Do Three Under Rainbow Deal Andy Clyde will appear in three features for distribution via Regal. Rainbow Pictures, headed by Jed Buell and Joseph Klein, will produce, the titles being "His College Sweet- heart," "They Go Wild" and "Half Day Off." Hollywood, Nov. 9. — Second of a series of four with Lightning, the dog, was placed in production today. Regal will distribute. "Gambling" to Reade On One-Picture Pact Walter Reade and Fox have closed a deal whereby "Gambling" goes into the Mayfair under a new individual picture contract arrangement. Reade recently canceled a Fox pact which (Continued on page 3) Theatre Unions Ask Hour Cut, Wage Tip New labor contracts for theatre ser- vice employes which Local 95 will attempt to negotiate with circuit and independent exhibitor representatives (Continued on page 3) Theatres Not Hit by Drive, States Cohen Sees Good Results from Clean Film Campaign Albuquerque, Nov. 9. — No ad- verse reaction on theatre grosses has been noticeable under the Production Code, because pictures have been bet- ter and permanent good results are to be expected from Production Code Administration, declared Emanuel Cohen, Paramount production head, here tonight during a stop of the west- bound Santa Fe Chief. The morality code will bring about good results, he said, in that it is elevating standards and making pro- ducers good taste conscious. Some- thing like that had to be done, he con- tinued, to halt licentiousness for some producers were mistaking freedom for unbridled license. The demand for moral stories, Cohen also said, has brought about a swing toward the fireside type, and although, perhaps, this has gone to the extreme, it will taper off. Cohen also announced that Mae West's next picture would go into production in about two weeks and he commented on the fact that although reformers had focused their fire on her they would nevertheless hold her up as "a horrible example" if she were cast in a "Mother Goose" story. Authorize Columbia Fox Theatres Claim Columbia Pictures was granted leave to file a supplemental claim of $2,500 against Fox Theatres Corp. in an or- der signed by Federal Judge Martin Manton yesterday. Columbia's original claim of $500 (Continued on page 2) Distributor-Carrier Problems Discussed Representatives of distributors and film carriers held the third of a series of quarterly meetings recently in an (Continued on page 3) Harmony Both Ways Hollywood, Nov. 9. — Dis- satisfied with "A Night at the Opera" as a title for their first M-G-M picture, the Marx Brothers are unde- cided between "Pipes of Pan" and "The Baritones of Wimpole Street." MOTION PICTURE DAILY Saturday, November 10, ft MOTION PICTURJE DAILY (Registered U. S. Patent Office) Vol. 36 November 10, 1934 No. 112 Martin Quigley Editor-in-Chief and Publisher MAURICE KANN Editor JAMES A. CRON Advertising Manager iff? Published daily except Sunday and holi- days by Motion Picture Daily, Inc., sub- sidiary of Quigley Publications, Inc., Martin Quigley, President; Colvin Brown, Vice-President and Treasurer. Publication Office: 1790 Broadway, New York. Telephone Circle 7-3100. Cable ad- dress "Ouigpubco, New York." All con- tents copyrighted 1934 by Motion Picture Daily Inc. Address all correspondence to the New York Office. Other Quigley pub- lications: MOTION PICTURE HERALD, BETTER THEATRES, THE MOTION PICTURE ALMANAC and THE CHI- CAGOAN. ^ Hollywood Bureau: Postal Union Lite Building, Vine and Yucca Streets, Victor M. Shapiro, Manager; Chicago Bureau: 407 South Dearborn Street, Edwin S. Clif- ford, Manager; London Bureau; Remo House, 310 Regent St., London, W. X, Bruce Allan, Representative. Cable address: "Quigpubco, London"; Berlin Bureau: Berlin - Tempelhof , Kaiserin - Augustastrasse 28, Joachim K. Rutenberg, Representative; Paris Bureau: 19, Rue de la Cour-des- Noues, Pierre Autre, Representative; Rome Bureau: Viale Gorizia, Vittorio Malpassuti, Representative; Sydney Bureau: 102 Sus- sex Street, Cliff Holt, Representative; Mex- ico City Bureau: Apartado 269, James Lockhart, Representative; Glasgow Bureau: 86 Dundrennan Road, G. Holmes, Repre- sentative; Budapest Bureau: 3, Kaplar-u, Budapest, II, Endre Hevesi, Representa- tive; Moscow Bureau: Civtzev Vrazhek, N. 25, Apart. 146, Moscow, U. S. S. R., Bella Kashin, Representative. Cable ad- dress: "Samrod, Moscow." Entered as second class matter, January 4, 1926, at the Post Office at New York City, N. Y., under Act of March 3, 1879. Subscription rates per year: $6 in the Americas, except Canada $15 and foreign $12. Single copies: 10 cents. Pathe Is 24 Years Old Pathe News will celebrate its 24th anniversary starting tomorrow. The reel was founded by Charles Pathe in 1910. More than 800 miles of nega- tive have been edited in that period. "In all history," says Courtland Smith, editor, "there is nothing like the motion picture record of the past 24 years' world-shaking events, now safely stored in Pathe vaults." Urges Kid Theatres Atlantic City, Nov. 9. — At the an- nual convention of the New Jersey Congress of Parents and Teachers now being held here, Mrs. Robbins Gilman, representative of the Na- tional Congress of Parents and Teach- ers, advocated the showing of pictures for the education and amusement of children in special halls to eliminate their attendance at regular theatres. Australians' Quota Moves Irk Britain (Continued from page 1) official ceremony was performed by the Lord Mayor of Liverpool. Francis A. Mangan, director of Paramount stage presentation, put on an outstanding spectacle, "Mirrors of Delight," in which 40 of the Para- mount-Tiller girls appeared, as part of an inaugural program in which Teddy Joyce's Dance Band was another fea- ture supporting the screen attraction, "Cleopatra." In a cleverly designed epilogue, for which the setting was a reproduction of the entrance of the newly designed Mersey Tunnel, a personal appear- ance was made by Ida Lupino. Thomas C. Reddin is the general manager of the new theatre and Leslie C. Holderness the house manager. * * * Countering joint arrangements be- tween Gaumont British and British Movietone News by which these con- cerns ha,ve obtained exclusive rights to various news events, Universal and Pathe have combined to buy exclusive film rights in the Football Cup final. * * * A. W. Henchy, managing director of London Screen Plays, Ltd., has plans for the production of five fea- tures for United Artists release throughout the world, at the Worton Hall studio, which is being wired by W. E. Three of the films will feature Stanley Lupino. An American director will be used. * * * Theatre Equipment, Ltd., has changed its name to Pathe-Equip- ment, Ltd. W. J. Gell, managing direc- tor of Pathe Pictures, Ltd., has joined the board. Sole British selling rights in the Ross projector are an asset of the company, the managing director of which is F. Bowden and the sales manager P. G. Hammond, for 25 years in charge of Gaumont equipment de- partment. * * * The Prince of Wales will attend the premiere of "The Iron Duke," George Arliss' first for Gaumont British, the Tivoli on Nov. 30. at Say Czechoslovak Quota Is Abolished (Continued from page 1) crowns (about §840) per picture. American distributors will take one Czecho-Slovakian picture for each seven American films licensed in that country, it is understood. Financial aid from the state for Czecho-Slo- vakian production is also provided for. No word of the reported signing of the decree abolishing the Czecho-Slo- vakian film quota system had been re- ceived by the M.P.P.D.A. foreign de- partment up to late yesterday. The last report received at that office, it was stated, was that representatives of American distributors were still negotiating with the Czecho-Slovakian officials. Authorize Columbia Fox Theatres Claim (Continued from page 1) was among those of creditors who pe- titioned for reorganization of the com- pany last August. The petition was withdrawn several weeks ago pending the examination of claims before a special master. Judge Manton also issued an opin- ion granting the law firm of Watson & Willguss, former attorneys for the Fox Theatres receivers, a final fee of $10,000 for services. "We Live" $100,000 Hit at Music Hall (Continued from page 1) Wiggs of the Cabbage Patch" was weak on the second week with $20,000. "Now and Forever" garnered $12,000 at the Palace and the Mayfair is head- ed for $9,700 on the week, which ends Monday night, on "365 Nights in Hollywood." First week of "St. Louis Kid" at the Strand tallied $31,296. Radio, Publix in Deal Cresson Smith, RKO western sales manager, and R. C. Price, Charlotte branch manager, have closed a deal with the Publix-Bamford circuit in South Carolina for the 1934-35 Radio lineup. "Widow" Ends Tomorrow The Astor, now housing "The Merry Widow" on a two-a-day policy, goes dark tomorrow night. "David Copperfield" will reopen the house the latter part of December or early January. Weiss Returning East Hollywood, Nov. 9. — Louis Weiss of Exploitation Pictures, Inc., leaves here tomorrow for New York. He has been here for the past six weeks attending production conferences. Another Eastman High on Big Board Net High Low Close Change Columbia Pictures vtc 3754 37 3754 — }4 Consolidated Film Ind. pfd 15'A 1554 1SH + 54 Eastman Kodak 11056 1095^ 110J4 +1 Fox Film "A" 13*4 1254 1354 + V% Loew's Inc 3VA 30% 3VA +1 Loew's Inc. pfd 9854 9854 9854 —154 Paramount Publix; 4A 4% 456 — 54 Pathe Exchange 156 154 1?6 + }6 Pathe Exchange "A" 1356 13 1354 + Vs RKO 2 VA 2 + J6 Universal Pictures pfd 37 37 37 Warner Bros 4% 456 454 +54 Technicolor Gains Quarter on Curb Net High Low Close Change Technicolor 1356 1356 1354 + 54 Trans Lux 256 256 256 Pathe Bonds Up One-Half Net High Low Close Change General Theatre Equip. 6s '40 654 6 654 +54 General Theatre Equip. 6s '40 ctf 654 554 654 + 56 Keith. B. F., 6s '46 6354 63 6354 Loew's 6s '41 ww deb. rights 10356 10356 10356 — 54 Paramount F. L. 6s '47 5754 57 57 — 54 Paramount Publix 554s, '50 58 5754 58 — 54 Pathe 7s '37 ww 99 99 99 +54 Warner Bros. 6s '39 wd 5954 5854 5954 + 54 Sales 500 700 2,000 5,100 5,000 100 3.400 2,700 300 1,800 1,000 2,200 Sales 600 200 Sales 20 9 19 < Purely | Personal t\ ARNOLD ALBERT has been pr.j moted to exploitation editor a ] sisting Gilbert Golden, in. charge i Warner press books. He succeeds Li ; Blumbekg, who has been made a sistant promotion manager for tl] company under Sidney C. Davidso. ; Moe Streimer will be tendered 3| Indian Festival by the Monday Nigh ers next Tuesday evening. Place, 2v| P. Club. Streimer, who is volunteti fire chief of the Deer Park No. \ house, will attend in uniform. Leslie Howard, work in Londc' Films' "The Scarlet Pimpernel" con pleted, is on his way to Americl aboard the Berengaria. MeriI Oberon, who appears in the film wit him, is expected here shortly afte Johnny Burke and Harold Spin. composers, have delayed their trip ( the coast to write music and lyric for a musical comedy by Jami Montgomery. Whitney Bourne, who recent! completed work in the Hecht-MacAi thur production, "Once in a Bli Moon," is convalescing at Doctoi Hospital from a general breakdowi Albert Warner, back from H( Springs, scoffs at the story of his nai row escape from an auto crash in snowstorm. However, it was close. Leo Gottlieb, of counsel for Part mount Publix trustees, is due bac Monday from a business trip to tl Paramount studio. Arthur Loew, head of the M-G-- foreign department, returns froi abroad on Dec. 24, cutting his tri short a week. Edward O'Connor, head of th Dutch East Indies office of M-G-ft is in Boston, his home town. It's hi first visit in six years. Fred Kohlmar of the Goldwy office flew to the coast to visit th bedside of his sick mother, Mrs. Le, Kohlmar. W. Ray Johnston, president c Monogram, is expected back from th coast sometime late next week. C. E. Munroe of the Fox Aus> tralian sales force, leaves for Englan in a few days. Ed Kuykendall is going to Ne\" Haven today for the football gams He'll be back tomorrow night. Jean Gacon de Cavaignac, Pari sian producer, sails for home toda. on the He de France. Si Seadler and Oscar Doob wil not return from their short visit p the M-G-M studio until Monday. Irving Wormser's son, Richari will light his first birthday candl Nov. 22. Mervyn and Mrs. LeRoy, who hav been here for a brief visit, expect t< return to the coast next Wednesda\ Sylvia Froos, radio singer, has hai her option taken up by Educationa and will appear in several more shorts Dave Palfrey man returns fron his Michigan trip today. C. C. Pettijohn arrives from thi coast tomorrow. Carl E. Milliken left for the coas yesterday to be gone about a month Norman Taurog, Paramount direc tor, arrives from the coast today. ►atjrday, November 10, 1934 MOTION PICTURE DAILY Theatre Unions Ask Hour Cut, Wage Tip (Continued from paqe 1) i the near future will ask for a 40 jour week and increases in ushers pages from 25 cents per hour to 40 (ents per hour and in those of door hen and porters from 35 cents to 55 ents- per hour, it was stated yester lav by James Wilson, financial secre pry of the local. An organizing movement has been ailed for Nov. 13 at which members if the local may be asked to vote uthorization of a strike call in the Tent negotiations are unsuccessful, it v'as stated. The local is now affiliated ,'ith the Greater N. Y. Council of Jldg. Service Employes' Unions ,-hich includes all classifications of ervice help, superintendents and jani- ors, cleaners and elevator operators. \. meeting of the council is scheduled or tonight at which arrangements will e discussed for joint action on closed hop demands and cooperation in event f strikes, it was learned. Under the rrangement, it is said, a strike of the- tre service employes would result in walkout of all affiliated building ser- ice employes where a theatre is a art of an office building. The Paramount Bldg. and Hippo- rome Theatre are reported to be egotiating with the union now. 'Gambling" to Reade On One-Picture Pact (Continued from page 1) ad 30 pictures to be played when the istributor sold "The White Parade" 3 the Paramount without giving ieade a chance to book it under pro- isions of his contract. "Gambling" also was offered to the ioxy and Rialto. The three houses ill have a chance to play all Fox lms not slated for the Music Hall. Hell in the High Heaven" may go lto the Roxy. Negotiations are under ■ay for a deal. "Gambling" goes into le Mayfair the latter part of the lonth. st Division-BIP Deal in the Offing (Continued from page 1) i Great Britain and the latter com- any's distribution of B. I. P. product i America. Fiske is here from New ork on a combined business and ;creation trip. "Love" Stays 3rd Week Philadelphia, Nov. 9. — "One ight of Love" will continue its sen- itional stay at the Karlton, a second m theatre, for a third week. It larks the first time a picture has gone iree weeks at this theatre in years. The first week trebled the usual ross while the second fell only ightly under the first figure. Limit Appeal Hearings Code appeal meetings next week will : limited to Wednesday and Thurs- ay. On Tuesday Campi will meet to iscuss the Kansas City clearance and ming situation and in addition may ispose of a number of recommenda- ons by appeal committees which ere not taken up on Thursday. "Anne" Goes to Roxy "Anne of Green Gables" has been pld to the Roxy and runs there •hristmas and New Year's weeks. MOTION PICTURE DAILY* HOLLYWOOD PREVIEW St Sequoia {M-G-M) Hollywood, Nov. 9. — This is an unusual wild animal picture filmed against the beautiful Sierra Mountains with Malibu, a deer, and Gato, a puma, natural enemies, starred. The picture seems destined to be outstanding- and one of the most talked about. It is a worthy attraction for any theatre. Essentially, the production maintains the theory that only hereditary instinct causes animal enmity. As exemplified by the pair, adopted in orphaned babyhood by Jean Parker, the theory is proved. For entertainment it skillfully blends natural drama, comedy, romance, thrills, action, menace and conflict. When, upon maturity, the creatures are released in the forest, they continually befriend each other. Marked by understandable sympathy-generating humanness, it builds situations so that full value is derived from every element. In the finale, What the Symbols Mean Reviews classified with a "G" are regarded as suitable for general entertainment. Those with an "A" are regarded as suitable for adult enter- tainment. when death from humans menaces Malibu, the stalking Gato fights the mutual foe to exhaustion and Malibu administers the coup de grace For an epilogue both gambol in friendly companionship. Everyone connected with the picture is entitled to plaudits. Chester Franklin's direction, aided by Vance Hoyt, the author, is a triumph of patience and understanding. The screen play by Ann Cunningham, Sam Armstrong and Cary Wilson actually makes the animals human. Ches- ter Lyons' photography is also a feature the patrons will talk about. It may be difficult to get folks to see this, but once interest is created praise is sure to come and it will be a great asset. Previewed without a production code seal. Running time, 70 minutes. Classification: "G." 'Flirting with Danger" {Monogram) Hollywood, Nov. 9. — Handicapped by a slow start and dialogue in keeping, this picture winds up as thoroughly acceptable comedy. Edgar Kennedy and two pals, Robert Armstrong and William Cagney, chemi- cal engineers for a big plant manufacturing explosives, manage to keep everyone in the cast on the point of being blown up with their experi- ments. The three are finally sent to their company's Mexican factory as pun- ishment for negligence. Here the boys get mixed up with fake revolu- tionaries, cafe dancers and more highly explosive formulas. Marion Burns, the company's liaison officer, finally saves the three from an arson charge pinned on them by crooks. Romance is provided by Cagney and Burns. The entire cast appears to advantage. Director Vin Moore, with little inspiration in the earlier sequences, commits himself expertly in the final reels which feature a swell comedy scene in which the three drunken heroes build suspense playing around with explosives in the chemica' factory, which later blows up. The photography by Archie Stout is good. Previewed without production code seal. Running time, 65 min- utes. Classification : "G." "If s a Gift" (Paramount) Hollywood, Nov. 9. — W. C. Fields wraps this up, juggles it deftly and delivers his laughter package beribboned with buffoonery. Fields, in a broad comedy cartooning the "homo sappo" with his gifts of puzzled clowning, rates high up among the screen zanies. With no story to guide him, Fields gyrates through a series of comic supplement situations of Americana, embellished with gags riotous with laughter. Henpecked, sick of running a grocery store, with a dead uncle's legacy he buys an orange ranch in California from a booklet. Arriving- by jit- ney with his family they find only a dilapidated shack. A promoter need- ing land for a race track purchases it and Fields sells at a terrific profit. Gags while shaving, gags in the grocery store with Tammany Young and Baby LeRoy, gags at 4 A. M., trying to sleep, gags on the road (Continued on page 4) Neo Classic Trend Hits Sets — Wilson "Eighteenth Century English and Neo Classic styles are now in vogue," according to Albert C. Wilson, in charge of properties and interior dec- orating at the Warner studios in Bur- bank. "Instead of using extremely large sets the trend now is to employ small- er sets with more refinement and in- timacy," he said. Because of style changes, Wilson is here to buy new furniture and oddities for new productions. He said a re- cent inventory of the stock in the com- pany's property department shows that Warners have about $500,000 invested. On his way in from the coast, Wil- son stopped off at Grand Rapids and Chicago to look over the furniture market. He plans to stay another week in New York looking around before he makes any buys. He has been with Warners 15 years, Wilson stated yesterday. Oct, Quigley Award To Robert H. Suits (Continued from page 1) "What Every Woman Knows" did the trick. Suits barely nosed out Sig Sol- omon of the Regent, Newark, for first honors, the latter receiving first men- tion for his "Richest Girl in the World" campaign. Honorable mention went to the fol- lowing : Harry Botwick, State, Portland, Me.; W. Lee Byers, Ritz, Clarksburg, W. Va. ; Charles Curran, Strand, New York City; Maurice Davis, State, St. Louis; Francis Deering, State, Memphis; Roy P. Drach- man, Fox, Tucson, Ariz.; Ken Finlay, Royal, Guelph, Canada; John Goodno, Pal- ace, Huntington, W. Va.; Ken A. Grimes, Warner, Morgantown, W. Va.; Leo Hen- derson, Idaho, Twin Falls, Idaho; Sidney Jacobs, Sheridan Square, Pittsburgh; Ben R. Katz, Warner, Milwaukee; George Laby, Victory, Holyoke, Mass.; E. J. Melniker, Grand, Atlanta; William Powell, Para- mount, Newport, R. I. ; Les Pollock, Rochester; Kenneth A. Reid, Loew's, Can- ton, O. ; Jack Simons, Poli, Hartford, Conn.; Nathan Silver, Strand, Lowell, Mass.; Jimmy Totman, Warner, Erie, Pa.; E. E. Whitaker, Fox, Atlanta. Distributor -Carrier Problems Discussed (Continued from page 1) effort to reach an understanding of common problems existing between the two groups. Problems arising from time to time are discussed between the film carriers and distributors so that a more effi- cient service can be rendered by mem- bers of the National Film Carriers' Assn., Inc. Cooperation between the two groups has been noted at all meet- ings. The next gathering will probably be held in three months. At the last meeting James Clarke, president of the carriers group, and representatives of M-G-M, RKO, Fox, Warners, Columbia, Universal, Paramount and the Hay office attended. Loew Report Delayed The annual financial report of Loew's, Inc., is slightly delayed this year. Auditors, however, are working nights to complete the job within the next couple of weeks. Danubia Gets "Rakoczi" Danubia Pictures has acquired the American rights to the Hungarian film. "Rakoczi March." The picture will open at the Tobis Nov. 16. MOTION PICTURE DAILY MOTION PICTURE DAILY* HOLLYWOOD PREVIEW (Continued from page 3) but all with a new Fieldian twist, are explosive and high spotted by the comedian trying to catch some sleep. Norman McLeod's skillful direction milks all the laughs to the limit. Jack Cunningham wrote the screen play from Charlie Bogle's and J. P. McEvoy's original. Henry Sharp photographed. Being clean and highly enjoyable, it will appeal to all crying for laughs. Production code seal, No. 343. Running time, 70 minutes. Classification : "G." "Home on the Range" [Paramount) Hollywood, Nov. 9. — Production weaknesses ranging from dull gags and muddled narrative to uncertain direction and casting lower this one's rating. The picture has all the essentials of a good western, running the gamut from Alaskan gold country to the Arizona range and featuring a horse race, forest fire and lots of good fisticuffing. However, it is likely to find most favor with kids. Jackie Coogan makes his screen return as the brother and half owner of a ranch with Randolph Scott. Villainy is carried on by Addison Richards with the aid of Evelyn Brent and Dean J agger, who have completed a job in Alaska and are trying new fields. There is the usual mortgage on the ranch of Scott and Coogan and several fights and robberies sandwiched in between. Scott falls in love with Miss Brent, who reforms in the last sequence, which is too late to be convincing. The dramatic climax features Coogan and Scott out- witting the racketeers and Coogan riding his horse to victory in the Arizona Sweepstakes. Arthur Jacobson directed. Ethel Doherty and Grant Garrett wrote the screen play from a Zane Grey original. William Mellor did a good job on the photography. Exploitation should be aimed at the juvenile con- tingent. Production code seal, No. 310. Running time, 72 minutes. Classification: "G." "Marie Galante" {Fox) Hollywood, Nov. 9. — Dealing with the timely passing of the United States fleet through the Panama Canal and bolstered by a plot to blow up the fleet, this packs audience appeal. Although it could do without several cafe scenes which detract, the picture holds the interest. Ketti Gallian, French actress, makes her American film debut as a small-town girl enmeshed in an international plot. The story opens with the girl tricked aboard a ship carrying members of the plot ring. She winds up in Central America. Finding no one speaking French, she becomes a cafe singer. In her effort to make a quick return to France Miss Gallian innocently becomes the accomplice of Siegfried Rumann, the chief plotter. Spencer Tracy, a United States agent working on the case, tries to keep her out of trouble but only intensifies the suspicion of Robert Loraine of Scotland Yard, also on the case. The plot is finally busted up. Miss Gallian is shot. Leslie Fenton, suspected of being the ringleader, turns out to be the Japanese envoy. The girl recovers as Tracy and Fenton wait to take her home. Henry King's direction is intelligent. Ned Sparks' comedy as the cafe owner is a high spot. The Jacques Deval novel has been given an interesting treatment by Reginald Berkeley. The photography of John Seitz is A-l. Code seal No. 283. Running time, 89 minutes. Classification: "G." 4 Fight on in Omaha For Rachman Pardon Omaha, Nov. 9. — Letters from prominent Omahans, including a for- mer congressman and an ex-police chief, have been filed with the Ne- braska Board of Pardons seeking commutation of the 15-year sentence imposed on Jule Rachman, former lo- cal theatre man for the murder of Harry and Sam Goldberg, who had been his business partners. Rachman shot the brothers in De- cember, 1932, in an argument oyer business matters. He pleaded guilty to second degree murder. Among those asking clemency for Rachman are Eugene Blazer, A- S. C. A. P. attorney; Henry Monsky, impartial member of the local griev- ance board; Rabbi Frederick Gohn ; Malcolm Baldrige, former congress- man; John Hopkins, recently elected Douglas County sheriff ; Harry Trus- tin and Harry Knudsen, city com- missioners, and George W. Allen, re- tired Omaha police chief. It is understood Ralph Goldberg, manager of the Town and Avenue theatres and brother of the slam men, will oppose clemency. The pardon board will hear Rachman's case Dec. 12. Shut Out 2 Magazines Hollywood, Nov. 9. — At a Hays office meeting today publicity direc- tors voted to deny studio cooperation to Movie Humor and Real Screen Fun for allegedly tying up produc- tion stills with semi-nude Broadway chorines. The photographs as they appear in the magazines, it is charged, give the impression they emanate from the studios. Film Fun was also accused, but, receiving assurances that the publication would stage a cleanup, the meeting agreed to place it on pro- bation. Form 2 Exhibitor Units Albany, Nov. 9.— Ajax Pictures Corp. has been chartered to exhibit films. R. M. Savini, J. F. Thomson and John Michelson are directors and subscribers. Whiteway Enterprises, Inc., also has been chartered to exhibit films, theatricals, etc. Julian T. Abeles, Leopold Bleich and William Lieber are directors and subscribers. E. A. McAuliffe Dead Cincinnati, Nov. 9. — E. A. Mc- Auliffe, widely known exhibitor, died suddenly of a heart attack while in a doctor's office. He formerly was division manager for Fox in the Cleveland territory, and later operated theatres at Bellefontaine, Dayton and Portsmouth, O. His widow and three children survive. Ivy Lee, 57, Dies Here Ivy Lee, ace of American publicists, died suddenly yesterday in his 58th year. The end came in St. Luke's Hospital, where he had lain ill with a brain tumor. Surviving are his widow, two sons and a daughter. Flash Review I'll Fix It— ... a well-knit, fast- moving story with both kid and adult appeal. . . . Good family entertain- ment. This film will be reviewed in full in a later issue of Motion Picture Daily. Sharon Gets Excited Sharon, Pa., Nov. 9.— Organized at a recent meeting attended by 850 adult church members, the Civic League of Sharon has appealed to City Council to close theatres on Sundays. Petitions which bear signa- tures of 1,700 residents are expected to be presented in support of the re- quest. The meeting at which the league was formed was called by church lead- ers when three local theatres which inaugurated Sunday shows two weeks ago refused to heed their plea to close. Chouinard in U. A. Job Minneapolis, Nov. 9. — Casper Chouinard, has been appointed office manager of the local United Artists exchange, succeeding Ralph Cramblet, who was recently appointed sales man- ager. <(Band Plays" New Title Hollywood, Nov. 9. — M-G-M has again changed the title of "The Kid from College" to "The Band Plavs On." Saturday, November 10, 19 Short Subjects "Laughing with Medburt in Malaysia" (Columbia) The latest of the series produced b I Walter Futter and written and spoke i by John P. Medbury is slightly abo, the average of this series. The corn What Symbols Mean The "G" symbol indicates general entertainment. The "A" symbol indicates adult entertainment. ments of Medbury are typical, but th scenes of Malaysia are interesting i their variety. Reviewed without pr< duction code seal. Running time, 1 mins. Classification: "G." "A Little Bird Told Me' (Radio) A combination cartoon and straigl film with particular appeal to chi) dren although the novelty of it migf please adults. The reel opens wit a shot of a child in the jam jar an his subsequent discovery. When tol that a little bird told on him the re< switches to the method birds use i finding out such things. The lattei done as a cartoon, is novel and a) fords all the entertainment in the pic ture. Code seal, No. 0164. Runnin time, 5 mins. Classification : "G." "Pathe Topics" ( Radio ) The first of a new series, entertair ing and up to previous standard c reels of this type. It opens with trip through the Canadian Rockie and the photography here is partici larly striking. The audience is the shown the baby elephant captured b the Martin Johnsons, a comedy b by Jay Fassett and scenes of Tuskc- gee Institute. Highly recommendec particularly because of the final scene Code seal, No. 0156. Running tirm 10 mins. Classification: "G." "Jolly Little Elves" ( U niversal ) The fable of the poor cobbler wh fed a cold, hungry elf on his last piec of food and was subsequently rewarde by all the elves is told in this Tech; nicolor cartoon. The color work i very good and the musical accompani ment above average. The "dunkin song" sung by the elves at the en probably will be hummed at largt Code seal, No. 265. Running time, mins. Classification : "G." "You Said a Hatful" (Roach-M-G-M) One of the funnier of the Charle Chase series that should please Chas fans everywhere. It has good gag and the comedy situations are nc overplayed, nor are there any mear ingless repetitions. Dorothy Appelb and Oscar Apfel are also in the cas Code seal, No. 388. Running time, 21 mins. Classification : "G." Para. Holds Cary Grant Hollywood, Nov. 9. — Another Ion; term option has been taken by Para mount on the services of Can,- Gram The Leading Motior Picture Industry MOTION PICTURE DAILY Alert, Intelligent OL. 36. NO. 113 NEW YORK, MONDAY, NOVEMBER 12, 1934 TEN CENTS fersey Allied Petitions for Zoning Setup Kelly Finds Films Affect Far Place, Styles and conditions of life are be ing affected by films in remote parts the world, says Arthur W. Kelly, vice; president of U. A. in charge "of disi tribution, who has just arrived i Tokio on the last leg of a world toui "It is impossible," he cables, fti overestimate the influence of Holly; wood films in stimulating interna! tional trade. Every American pictur is an animated catalogue of American J made products. American manufac turers and exporters owe a deep deb of gratitude to Hollywood producer, for opening up again and again ne\ markets for their goods." Kelly will return to this country i about five weeks. Preparing Shakespeare Hollywood, Nov. 11.— Productioi on "Midsummer Night's Dream" ha been definitely set to begin Dec. 1 Max Reinhardt and William DieterL will co-direct from a screenplay b- Charles _ Kenyon and Mary McCali Jr. Original Mendelssohn music wil-l be arranged by Erich Wolfeganj Korngold. Art direction will be b^ Anton Grot. Costumes will be created by Max Ree. The only two peopl. definitely set for the cast are Micke^ Rooney, borrowed from M-G-M, wh< wifl portray "Puck," and Bronislav; Nijinska, famous European dancer. Penzner Plans One Hollywood, Nov. 11. — John B Alden, president of Penzner Pictures has become a member of the I. M. P' P. A. Penzner will produce undei supervision of B. V. Mindenburle under the terms of RKO's 1.600,000 debenture issue outstand- The debentures, it is stated, are second lien on the collateral secur- ; the gold notes and, in addition, ;re is a debenture provision stipulat- i that RKO can make no new loans thout re-securing the debentures th the same collateral or with col- :eral equal to that posted for the new in. This is interpreted in official quar- rs to mean that a bank would have greater rights than debenture hold- s if the collateral now securing the ild notes held by Consolidated and presenting practically all of RKO's ?ets, was to be reassigned as col- teral for a new loan. Little likeli- iod of finding a bank willing to make e new loan on those conditions ists, according to responsible opinion. RKO has been unable to negotiate reduction of interest on the gold >tes through Consolidated. However, e agreement recently approved by e court provides that RKO may ac- lerate retirement of the notes at its vn convenience, the retirement period iding May 1, 1938, being merely the aximum. The interest saving empha- zed by Judge Bondy thus may be alized by RKO's ability, in the face improving earnings, to retire the 1,425,000 obligation in one-half, or >s, the time provided in the agree- ent with Consolidated. (Columbia) Columbia has a find in George Murphy, former college athlete and stage actor, whose only screen experience prior to his role in Jealousy" has been in a minor part in "Kid Millions." He has some of the dynamic quality of Cagney, and, in addition, is a big, fine-looking fellow who looks as though he could take it — and give it. Up to the closing sequence where the director, Roy Neil, begins to extricate himself from an impending unhappy ending, the story moves swiftly and has plenty of action and suspense. Murphy, a boxer, on the eve of an impending fight, finds his sweet- heart, Nancy Carroll, working late in the office of Donald Cook. A mild scene follows. Later during the fight he is knocked out as he glances )kourases Are Sued On St. Louis Bonds (Continued from page 1) ho were associated in the various kouras Brothers theatrical enter- rises here several years ago. In his etition Hessel sets forth that he wned six $1,000 second mortgage onds on the Ambassador, Grand Cen •al and Missouri theatres, and claims ley were guaranteed by the Skouras rothers and Turley. The petition states that the bonds ave been in default since January 933. He asks for payment of princi al and the accrued interest. None of the defendants could be eached for a statement. A reorgan zation plan for the theatre properties ecame effective some months ago. Premiums Gaining in East, States Dealer (.Continued from page 1) he east, where the practice is spread ng," he told Motion Picture Daily Kansas City, he added, was the only pot in the country where his com lany's premium business had dropped iff, because of the premium ban which ecently went into effect. Until that levelopment, premiums were gaining iere also, he said. "The suspension )f premiums in Kansas City is only emporary ; the situation will correct tself in a few days," he asserted, re :erring to the efforts of an exhibitor ?roup to declare the ban void. Looking 'Em Over What the Symbols Mean Reviews classified with a "G" are regarded as suitable for general entertainment. Those with an "A" are regarded as suitable for adult enter- tainment. into the crowd to see Cook and Miss Carroll coming down an aisle. In the dressing room later, Murphy knocks Cook down. They marry, though he is broke. Miss Carroll returns to work for Cook. Murphy finds them together and shoots Cook. He is on his way to the electric chair when he sudddenly wakes up and finds the referee still counting over him. Then he wins the fight. The only comedy touches — pretty mild ones at that — are furnished by Raymond Walburn as a lawyer. Arthur Hohl, as Murphy's manager, gives a fine performance. Production Code Seal No. 356. Running time, 59^2 minutes. Classification: "G." Green Eyes" (Chesterfield) This is passable entertainment for neighborhood houses. Although the film is slavishly fashioned to the formula for mystery pictures, it proves itself a well-carpentered and a generally engrossing production. Claude Gillingwater is murdered during a costume party at his home. Being a mean old fellow, it is no mystery that he should be done away with. Finding the guilty one is something else again. In the parade of suspects are Dorothy Revier, Shirley Grey, William Bakewell, Charles Starrett, Alden Chase, Aggie Herring and a few others. Why some of these should have wanted to kill Gillingwater is difficult to fathom. The police prove dunderheads until Starrett, a writer of mystery fiction, does a little investigating on his own. Through his efforts Dor othy Revier and Alden Chase, who plays her husband, are uncovered as the guilty ones. Chase, Gillingwater's secretary, was motivated by the need of money to cover up his losses in the stock market with his wife acting as an accessory. Things are made still easier for the police when the two commit suicide. Richard Thorpe directed. No code real. Running time, 68 minutes. Classification: "G." 'Against the Law' ( Columbia) In this one John Mack Brown is an ambulance driver who carries self-sacrifice and generosity to the point where he lends his life savings to an interne to get him out of a jam with a crowd of racketeers, despite the fact that the interne is engaged to the girl with whom Brown is in love. When the interne runs out on a job at a fire, Brown performs an emergency operation. He is disciplined and sent to a receiving hospital for this act, but he still keeps silent. The interne is George Meeker and the girl Sally Blane. Brown answers three calls in the picture to a gangsters' rendezvous The last one is for the death of his friend, the interne. In this one, he props the interne in his own car and pushes him over a cliff to make it appear like a motor accident. He wins the girl at the finish. The story has its moments, and leads up to a good climax when Brown traps the leader of the gang in his ambulance, but audiences given to the use of logic will probably wonder why the police are not more active in some of the shootings. The story makes Brown a bit too angelic to seem real. Miss Blane is always attractive. Lambert Hillyer has done a good directorial job with story material that is a bit creaky. Produc- tion Code Seal No. 291. Running time, 66 minutes. Classification : "G ' (Additional reviews on page 6) Cleveland Is Lukewarm on Film Marking (Continued from page 1) so that there are very few kicks even by the most ardent club enthusiasts. Milton Bryer, while manager of the Windameer Theatre, definitely estab- lishes certain days of the week as type" programs. Family pictures were shown over the week-end ; sophisticated pictures on definitely established days. The same held true of action pictures. Patrons of the Windameer knew in advance the type of entertainment they were buying on the specified days. While this was not 100 per cent policy, due to block booking, it was usually observed. David Chatkin, head of a circuit in this territory, reports that his Palace, Akron, definitely states in its adver- tisements whenever a picture is a family picture. He does not, however, indicate when it is an adult picture. Labeling it "adult," Chatkin says, is "cheap method of exploiting the public for the benefit of the box office." Nat Wolf, Warner zone manager in Ohio, had no opinion to express on the Warner Philadelphia plan as it might affect the Ohio territory. Circuits in Frisco Oppose Film Marks (Continued from page 1) that such a method was not necessary because theatrical advertisements, pub- licity and regular critics' reviews gave the necessary information and in a far more accurate and adequate fashion. Among the principal organizations here using the symbol method ("A" for adults; "F" for families, etc.) are the Federation of Women's Clubs of which Mrs. Howard Dixon is the chairman of the motion picture di- vision ; and the Parent Teachers' Ass'n., in which Mrs. Robert Barr is head of the same department. Both organizations issue bulletins at regu- lar intervals. Campi Expenditures Total to $157,019 (Continued from page 1) sanctioned the setup. Disbursements for the month of October were $24,038.01, of which $9,494.79 was for the home office, $2,021.41 for Holly- wood and $12,521.81 for local boards. According to an official financial breakdown, producers and distributors have paid $100,500 and exhibitors $83,502. New York State income tax collected at source was $189, making the total receipts $184,191. Cash in the bank as of Oct. 31 was $27,171.11. Ask Campi Advice on Ban Kansas City, Nov. 11. — Advice of Campi has been asked on the legality of the grievance board's vote banning premiums. This is believed to be the first city to ban giveaways. Action may be taken by the board tomorrow. Jersey Allied to Dine Members of Allied of New Jersey will hold a beefsteak dinner at Henri- etta Miller's in Irvington, N. J., on Thursday. ~fAeaf itm/cftf for rife MIKH A UNIVERSAL PICTURE • Presented by CARL LAEMMLE • A STANL OPENS. AT THE RADIO CITY k <# fur VOW GERMAN PRODUCTION hC HALL IN NOVtAADtC MOTION PICTURE DAILY Monday, November 12, I93< London Limit For Standees Due on Jan. 1 MOTION PICTURE DAILYS HOLLYWOOD PREVIEW (Continued from pane 1) be added at the rate of one row for each three feet, six inches of gang- way. ' The actual number of persons per- mitted to stand must be agreed be- tween the theatre and the L. C. C. and notices stating the figure prom- inently displayed. Deputations from the Cinemato- graph Exhibitors' Ass'n. and other theatrical bodies failed to obtain any alteration in the new rule. * * * London newsreel theatres will num- ber 10 at the beginning of 1935 and four or five others are planned. British News Theatres, controlling existing establishments at Waterloo and Victoria Stations, plans further buildings at all London railway termini. Further provincial newsreel thea- tres are set for Manchester and Glasgow. Of moderate seating capacity and offering 50-minute programs at from 12 to 25 cents, the newsreel theatres, inaugurated by British Movietone News at the old Shaftesbury Pavilion, are popular. Studios Gain; 35 Features in Work shorts (Continued from pane 1) a total of 41 features and 19 were reported. Paramount heads the list with six features in work, four preparing and three editing ; Warners have six, two and six ; Universal, five, two and three ; Fox, four, four and three ; Columbia, four, two and four ; M-G-M, three, four and nine; Radio, two, two and five ; Century, one, zero and one ; Roach, zero, zero and one, while the independents have four, three and six. In the short subject division Roach has one before the cameras, three pre- paring and two editing ; Radio has one, two and five ; Columbia, zero, one and three; M-G-M, zero, four and four, while the independents report two, three and five. "Babes in Toyland" (Roach-M-G-M) Hollywood, Nov. 11. — Hal Roach, with an expert showmanship eye, has produced a smashing box-office feature from Glenn McDonough's stage play interspersed with Victor Herbert's tuneful music. It is highly entertaining and imaginative, assembling all the thrilling characters from the "Mother Goose Rhymes." There is Stanley Dum and Oliver Dee (Laurel and Hardy), and Little Bo Peep (Charlotte Henry), and newcomers Felix Knight as Tom Tom the Piper's Son and Barnaby (Henry Kleinbach), from the Hollywood version of "The Drunkard," and Widow Peep and Mother Goose, Santa Claus, Little Boy Blue, Jack and Jill, Little Red Riding Hood and all the others, not forgetting the Three Little Pigs. Dramatically, with sustained interest and with well-built suspense timed with hearty laughter, it spins the fairy tale of the love of Tom Tom and Little Bo Peep, a figment ripened by time. There is Barnaby, the villain, who wants the gal or he will foreclose the mortgage. Separated by said villain the lovers are caught in his clutches but he is foiled by Dum and Dee. It's gorgeous fun and those two marvelous dopes Laurel and Hardy are just that. Good, too, is Charlotte Henry with Felix Knight of pleasant voice and person. High spot of hilarity is the trick marriage between Dum and Barnaby. The big thrill is the march of the wooden soldiers with the routing of the bogey men at the finale. The production is all that can be desired with the cast good throughout. The photography of Francis Corby and Art Lloyd is fair. Gus Mein's and Charles Roger's direction has originality paced for laughter and suspense. Frank Butler and Nick Grinde did a swell job of writing the screenplay. Youngsters, no matter what age, will get a big boot out of this fantastic tomfoolery. In fact, it looks like a toss up as to who will take who, the children the parents or the parents the children. "Babes in Toyland" seems set for a cleanup for the holidays or any other days. Production code seal, No. 401. Running time, 72 minutes Classification: "G." Kuykendall Pleased By Sinclair Defeat (Continued from page 1) observed on Saturday that exhibitors, as such, should interest themselves in politics only in defense of their busi- ness against unfair legislation and the incursions of "professional reformers." "We know," he said, referring to Sinclair's overtures for exhibitor cam- paign assistance, "that no intelligent aid in industry affairs can be given by persons whose sudden proffer of help is just a bait to entice one indus- try element into a political controversy on their side." Books Holiday Films Howard Cullman has booked Uni- versal^ "Imitation of Life" for Thanksgiving week at the Roxy and has signed for Radio's "Anne of Green Gables" for Christmas week. "The Silver Streak" (Radio) Hollywood, Nov. 11. — This one is the first film dealing with the Bur lington streamline train and provokes exploitation angles for exhibitors However, its story values lower its entertainment values. The yarn has chases, fights and other forms of outmoded melodrama presented in a manner reminiscent of the silent era. The main punch of the story features the race of the Zephyr to Boulder Dam carrying life-saving apparatus to paralysis victims. The romance is carried by Sally Blane. daughter of an old school railroad man, William Farnum, and Charles Starrett, youthful inventive genius who sees the culmina- tion of his efforts in the record run of the train. The high spot of the race to the dam is the pictorial nature of the country which makes believable the illusion that the observer is on the train with the passengers. Unnecessary footage features the fruitless endeavor of Irving Pichel to stop the train by fisticuffs and to escape arrest on a murder charge. Edgar Kennedy, as the engineer, offers the only outstanding cast portrayal. Direction by Thomas Atkins fails to lift the film. Photography by 1. Roy Hunt and photographic effects by Vernon Walker rate high. Production code seal, No. 397. Running time, 87 minutes. Classifica- tion: "G." < Purely \ Personal ► OHN RIESENFELD of the Mac- Fadden women's group has been assigned to the New England territory in the place vacated by the transfer of William Carlisle to the home offices . Bronislava Nijinska, who has been signed by Warners for a "A Mid- summer Night's Dream," arrives from Europe Wednesday on the Champlain. Charles Rosenzweig, general sale^ manager, and Jules Chapman, his assistant, are now in Boston on their tour of First Division exchanges. Frank K. Speidell, head of the Industrial division of Audio Prod, leaves for his second trip to the coast some time this week. Adolfo R. Aviles, picture com- mentator on Radio Splendid of Buenos Aires, is in town for several weeks before going to Hollywood. Al Gross of the Paramount foreign department is working at the New York exchange getting the lowdown on exchange operations. Sam and Mrs. Briskin, who are in town vacationing from the coast, sail for home Nov. 13 on the Santa Rosa. Mrs. Henry Randel is recuperat- ing nicely at the Women's Hospital from an abdominal operation. Sol and Mrs. Lesser left for the coast yesterday. They plan to be back again in about four months. Harry Edington and Barbara Kent arrive on the Berengaria Wednesday. Charles L. O'Reilly is in Boston on business. Thomas and Mrs. Meighan are en route to Pasadena for a vacation. New Mexican Film Rules Being Drawn Warners Promise No Late Matinee Scale St. Louis, Nov. 11.— Warners will not follow the lead of F. & M.'s Am- bassador and Missouri in extending matinee prices from 6 P. M. to 7 :30 P.M. Members of the M. P. T. O. unit have been given assurances to this effect. Bernerd Bringing Eight When Jeffrey Bernerd, general man- p.ger of Gaumont British, returns from England late next month he will bring with him eight new releases, the final half of the company's program for 1934-35. Hornstein on His Own Joseph C. Hornstein, who has re- signed as purchasing head of Warners and president of Continental Theatre Accessories, will reenter the indepen- dent theatre equipment field on his own. Herman Maier, head of War- ners construction and maintenance de- partment, will add Hornstein's former duties to his own. (Continued from page 1) t to the National Legislature. The egislators are expected to act on the proposition before the end of the year. It is learned that the measure in- corporates features of laws in effect in various countries, including the United States. The department de- clares that its proposition will benefit the industry in Mexico. Among things the plan provides, de- partment officials reveal, is that it will provide for banning exhibition of pic- tures that are objectionable because of their exaggerations, treatment, etc. It is expected this phase of the mea- sure will strengthen the present law which forbids showing of any picture that snubs, belittles or otherwise offends Mexico, Mexicans and their manners and customs or those of any friendly country. Producers in and out of Mexico will be duly advised as to just what this country deems ob- jectionable. Film, disc and other imports will be benefitted as the measure provides that the department will have sole supervision and that its approval will allow exhibition in all parts of Mexico. At present, importing is supervised by various government departments, a situation that is making importers both grey-haired and lean, owing to the amount of running around they have to do. JOSEPH BERNHARD Operates 378 theatres, spends millions annually for film, accessories and equipment. He reads MOTION PICTURE DAILY The Industry Buying Power Reads MOTION PICTURE DAILY MOTION PICTURE DAILY "Divorcee" 2nd Week Wow In Cleveland: Gets $10,000 8 'One Night" Washington's 2nd Week Hit Washington, Nov. 11. — "One Night of Love" was the outstanding attrac- tion here in its second week at the Metropolitan where it again topped par by a wide margin. The $7,000 take was over the line by $2,900. "The Last Gentleman," with a stage show at Loew's Fox garnered $21,000, only $500 over average. "The Scarlet Empress" took a nose- dive, despite fine newspaper reviews. The $15,700 was $1,900 below the profit line. Business was off generally. Total first run business was $65,400. Average is $71,200. Estimated takings, exclusive of tax, for the week ending Nov. 1 : "THE SCARLET EMPRESS" (Para.) EARLE— (2,218), 25c-77c, 7 days. Stage: J. Harold Murray, Sara Mildred Strauss Dancers, Gomez & Winona, Charlie Hill & Lora HofTmap. Gross: $15,700. (Average, $17,600) "PURSUED" (Fox) LOEW'S COLUMBIA— (1,264), 25c-40c, 7 days. Gross: $2,300. (Average, $3,100) "THE LAST GENTLEMAN" (U.A.) LOEW'S FOX — (3,434), 25c-66c. 7 days. Stage: Bob Murphy, with Son Dick and Daughter Dorothy; Medley & Dupree; Shepherd. Carleton & Pritchard; Toe Fejer & Orchestra. Gross: $21,000. (Average. $20,500) "JUDGE PRIEST" (Fox) LOEW'S PALACE — (2,370), 35c-77c, 7 days, 2nd week. Gross: $9,400. (Average, $14,500) "ONE NIGHT OF LOVE" (Col.) METROPOLITAN — (1,591), 25c-40c, 7 days, 2nd week, return engagement. Gross: $7,000. (Average, $4,100) "THE GAY DIVORCEE" (Radio) RKO-KEITH'S— (1,836), 25c-55c, 7 days, 2nd week. Gross: $10,000. (Average, $11,400) "Cleopatra" Hits $8,500, Portland Portland, Nov. 11. — In spite of a continuous week's rain the revised lineup of first runs ran well over normal. "Cleopatra" and a stage show at the Paramount took $8,500, or $3,000 over normal. "The Merry Widow" at the United Artists rang up $6,000, or $1,000 excess. "The Fountain" at Hamrick's Or- pheum with a stage show had a take of $4,500, or $1,500 over the usual. Total first run business was $28,500. Average is $22,000. Estimated takings for the week end- ing Nov. 3 : "DUDE RANGER" (Fox) BROADWAY— (1,912), 25c-35c-40c, 7 days. Gross: $5,000. (Average, $5,000) "THERE'S ALWAYS TOMORROW" (Univ.) "THE GRIDIRON FLASH" (Radio) ORIENTAL— (2,040). 25c, 7 days. Gross: $2,500. (Average, $2,000) "THE FOUNTAIN" (Radio) HAMRICK'S ORPHEUM— (1,700), 25c- 35c-40c, 7 days. Stage show. Gross: $4,500. (Average, $3,000) "GAY DIVORCEE (Radio) MUSIC BOX— (1.000), 25c-35c, 7 days. Gross: $2,000. (Average, $2,000) "CLEOPATRA" (Para.) PARAMOUNT — (3.008). 25c-35c-40c, 7 days. Stage show. Gross: $8,500. (Aver- age, $5,000) "MERRY WIDOW" (M-G-M) UNITED ARTIST— (945), 25c-35c-40c, 7 days. Gross: $6,000. (Average. $5,000) Carolina Group to Meet Charlotte, Nov. 11. — The Theatre Owners of North and South Caro- lina will hold its 22nd annual conven- tion on Dec. 9-10 at the Charlotte. Cleveland, Nov. 11. — "The Gay Divorcee" in its second week at Warners' Hippodrome continued to hold the spotlight. With a $10,000 gross, it broke the second week record of the house. "The Case of the Howling Dog," with $3,800, went $800 over the Allen Theatre average. "Cleopatra" held to the house average at Loew's State. A fair stage show was a handicap to "Lady By Choice" at the RKO Palace. There was a de- cided drop in both downtown and neighborhood house business. The weather was very stormy, with first snow of the season. Total business was $41,800. Aver- age is $41,000. Pittsburgh, Nov. 11. — The bottom seemed to drop out of everything last week and there wasn't a house in town that came close to touching par. Only the Alvin, with "There's Always To- morrow" and a stage show, made any- thing approaching a fair showing, get- ting $9,000, which was $1,000 below par, but still pretty presentable in the face of showings elsewhere. The Ful- ton took it on the chin with "Gift of Gab," yanking it after five days to a weak $3,000, while the Stanley hit rock bottom with "Six-Day Bike Rider," gathering only $4,500". At the Penn, "Mrs. Wiggs of the Cabbage Patch," which had a stage show headed by Bill Robinson, was a disappointment" at $14,000 and the Pitt likewise took to the skids with "Crim- son Romance" and a unit, getting only §4,000. Total grosses in six first runs were $38,700. Average is §57,000. Estimated takings for the week end- ing Nov. 1 : "THERE'S ALWAYS TOMORROW" (Univ.) ALVIN— (2.000), 25c-40c, 6 days. Stage: Johnny Permins, Fred Sanborn and others. Gross: $9,000. (Average. $10,000) "GIFT OF GAB" (Univ.) FULTON— (1,750), 15c-40c, 5 days. Gross: $3,000. (Average, for six davs. $4,500) "MRS. WIGGS OF CABBAGE PATCH" (Para.) PENN— (3.300) . 25c-75c. 6 days. Stage: Bill Robinson, Venita Gould. Bartel-Hurst revue, Honey Familv, Mells, Kirk and Howard. Gross: $14,000. (Average, $22,000) "CRIMSON ROMANCE" (Monogram) PITT — (1.600), 15c-40c. 6 days. Stage: "Sidewalk Cafe" unit with Benny Ross and Maxine Stone. Gross: $4,000. (Average. $6,500) "SIX-DAY BIKE RIDER" (Warners) STANLEY— (3.600). 25c-50c. 6 davs. Gross: $4,500. (Average, $9,000) "WAGON WHEELS" (Para.) "I SELL ANYTHING" (Warners) WARNER— (2.000). 25c-40c. 6 days. Gross: $4,200. (Average. $5,000) "Person" for Astaire Hollywood, Nov. 11. — The Samuel Hopkins Adams story, "In Person," has been chosen by Radio as the next vehicle for Fred Astaire. The dancer is now working on "Roberta" with Irene Dunne and Ginger Rogers. Estimated takings for the week end- ing Nov. 2 : "THE CASE OF THE HOWLING DOG" (Warner's) ALLEN— (3,300), 20c-30c-40c. 7 days. Gross: $3,800. (Average, $3,000) "THE GAY DIVORCEE" (Radio) second week WARNERS' HIPPODROME— (3,800), 30c- 35c-44c, 7 days, 2nd week. Gross: $10,000. (Average, $6,000) "LADY BY CHOICE" (Col.) RKO PALACE— (3,100), 30c-40c-60c, 7 days. Stage: "Words & Music." with Les- ter Cole. Herman Hyde, Sally Burill & Co. Gross: $14,500. (Average, $18,000) "CLEOPATRA" (Para.) LOEW'S STATE— (3.400), 30c-35c-44c, 7 days. Gross: $10,000. (Average. $10,000) "LEMON DROP KID" (Para.) LOEW'S STILLMA— (1,900). 20c-30c-40c, 7 days. Gross: $4,000. (Average, $4,000) Philadelphia, Nov. 11. — Eddie Cantor's personal appearance at the Earle, along with Rubinoff, sent the gross skying to $31,000. It was the smallest figure of his three personal appearances in the last three years, but everybody was satisfied. "One Excit- ing Adventure" was the film. "One Night of Love" continued its spectacular second run career at the Karlton, taking in $7,000, double the usual gross for its second week. It was held for a third week. "The Gay Divorcee" took $13,500 at the Stanley and stayed a second week. Total first run business was $94,300. Average is $82,060. Estimated takings for the week end- ing Nov. 8: "TRANSATLANTIC MERRY-GO- ROUND" (U. A.) ALDIXE— (1.200), 40c-55c-65c, 10 davs. Gross: $9,500. (Average, 6 days, $7,000) "CHU CHIN CHOW" (Gaumont-British) (Second Run) ARCADIA— (600), 25c-40c-50c, 6 days. Gross: $1,800. (Average. $2,400) "DR. MONICA" (Warners) BOYD— (2.400), 40c-55c-65c, 6 days. Gross: $7,500. (Average, $12,000) "ONE EXCITING ADVENTURE" (Univ.) EARLE— (2,000). 40c-55c-65c, 6 days. Stage: Eddie Cantor and Rubinoff. Gross: $31,000. (Average, $12,000) "GAMBLING" (Fox) FOX— (3.000). 35c-55c-65c. 6 days. Stage: "All American Revue." Gross: $12,500. (Av- erage, $12,000) "ONE NIGHT OF LOVE" (Col.) (Second Run) KARLTON— (1.000). 30c-40c-50c. 6 days, 2nd week. Gross: $7,000. (Average, $3,500) "LITTLE FRIEND" (Gaumont-British) LOCUST— (1,300), 40c-55c-65c, 9 days, 2nd week. Gross: $6,000. (Average. 6 days. $7,000) "GAY DIVORCEE" (Radio) STANLEY— (3,700). 40c-55c-65c, 6 days. Gross: $13,500. (Average, $12,000) "KANSAS CITY PRINCESS" (Warners) STANTON— '1,700). 30c-40c-55c. 6 days. Gross: $5,500. (Average. $6,000) Order End of Utica Cuts Albany, Nov. 11. — A reduced admis- sion complaint filed by the Utica The- atre, Utica, against Warners' Colonial, that city, has been upheld by the griev- ance board and a stop order issued. Monday, November 12, 1934 "Happiness," Show Gross $1 1,000, K. C. Kansas City, Nov. 11. — Return o combination vaudeville-film shows sen the RKO Mainstreet's take to $1 1 ,CK K- above par for combination bills b $2,000. The screen feature was "Hap: piness Ahead." "Cleopatra" won the honors fo straight film draws, handing the Publi: Newman $8,700 in eight days, $1,00 better than average for the perkc Total first run business was $38,30C Average is $37,200. Estimated takings : Week Ending Nov. 1: "HAPPINESS AHEAD" (F. N.) MAINSTREET— (3,100), 25c-35c-45c (pit tax), 7 days, plus Saturday late shoa (First week of combination policy). Stage The Rimacs, Bert Walton, Gypsy Nint Lewis & Moore, Arthur Petley & O Gross: $11,000. (Average, $9,000.) "TRANSATLANTIC MERRY-GO- ROUND" (U. A.) MIDLAND-(4.000), 25c-40c. 7 days, pit Saturday midnight show. Gross: S7.2V (Average. $10,000.) "CLEOPATRA" (Para.) _ NEWMAN— (1,800). 25c-40c, 8 days, pit Saturday midnight show. Gross: $8,70<- (Average. 8 days. $7,700.) "GREAT EXPECTATIONS" (Univ.) TO\YER-(2,200), 25c-35c, 7 days. pit- Saturday midnight show. Stage: "Halle we'en Party," with Radio Aces, Bob La- Salle &• Co., Lazier & Worth, Rochell Bros., Bankoff & Cannon. Lester Hardiru Gross: $6,000. (Average, $7,000).) Week Ending Nov. 2: "JUDGE PRIEST" (Fox) UPTOWN— (2,000), 25c-40c, 7 days. 2n week. Gross: $5,400. (Average, $3,500.) , "Divorcee" Is Frisco Smash: Gets$19,50C San Francisco, Nov. 11. — "The Ga Divorcee" was a $19,500 sensation a the Golden Gate last week. It wa held over and may get a third wreel- Business elsewhere was just fair with a dual, "One More River" an "The Human Side," the only par at traction at $9,000 in the Orpheum. Total first run business was $93,50( Average is $83,000. Estimated takings : Week Ending Oct. 30: "GAY DIVORCEE" (Radio) GOLDEN GATE— (2.800), 25c-36c-40c, days. Stage, band. Gross: $19,500. (Av erage. $13,000) Week Ending Oct. 31: "CASE OF THE HOWLING DOG" (Warners) "READY FOR LOVE" (Para.) , FOX— (4,600), 15c-30c-40c, 7 davs. Gross $10,000. (Average, $11,000) "MARIE GALANTE" (Fox) "SIX-DAY BIKE RIDER" (Warners) PARAMOUNT— (2,670), 15c-25c-55c-65c, 1 days. Gross: $10,000. (Average, $11,000) "PECK'S BAD BOY" (Fox) WARFIELD— (2.700). 25c-33c-55c-65c, days. Gross: $21,000. (Average, $23,000) Week Ending Nov. 1: "ONE MORE RIVER" (Univ.) , "HUMAN SIDE" (Univ.) ORPHEUM — (3,000). 15c-30c-35c-40c, days. Gross: $9,000. (Average, $9,000) "BARRETTS OF WIMP OLE STREET (M-G-M) ST. FRANCIS — (1.400), 15c-35c-55c, days. Gross: $7,000. (Average, $8,000) "THE LAST GENTLEMAN" (U.A.) UNITED ARTISTS — (1.200), 15c-35c-55c ' 7 days. 2nd week. Gross: $7,000. (Average $8,000) Bottom Drops Out of Takes In Pittsburgh 'Adventure," Cantor Lead Philadelphia The Leading Motioir^ Picture Industry MOTION PICTURE DAILY Alert, Intelligent OL. 36. NO. 114 NEW YORK, TUESDAY, NOVEMBER 13, 1934 TEN CENTS Vew Tax May Mean IL S. to Quit Berlin 0,000 Mark Levy Apt To Prove Last Straw Withdrawal of American companies om Germany is a strong probability nless a new tax of 20,000 marks approximately $8,000) on all fea- ires sent into that country is re- uced or made non-effective. Officially announced by the Reich's ilm Chamber in Berlin yesterday and nmediately flashed by wireless to Iotion Picture Daily, first inkling E this latest restrictive step on the art of Wilhelmstrasse was conveyed ) foreign sales managers in New ork by this paper. Several foreign managers were :unned by the news and, at the outset. ;fused to credit the information, ^hile all of them declined to talk for ublication, their remarks, made in rivate and independently of each {Continued on page 2) Argentine Planning To Tax Profits 5% Buenos Aires, Nov. 12. — The na- lonal government here is forming lans to collect a surtax of five per ent on all dividends or other profits emitted abroad by corporations op- rating in the Argentine. It will also collect five per cent on he interest on all local bonds. Finance Minister Pinedo has sent a iill to Congress authorizing these neasures. Joyce Slashes Para. Lawyers To $370,000 Calls for $350,000 Cut in Amounts Sought Recommendations for the payment of allowances aggregating approxi- mately $370,000 for services rendered in the Paramount Publix bankruptcy proceedings are contained in the re- port of Special Master John E. Joyce which will be filed in U. S. District Court here this morning. Joyce's recommendations represent reductions totalling about $350,000 from the original applications for al- lowances filed by the Paramount trus- tees, their counsel. Root, Clark, Buck- ner & Ballantine, additional special counsel and accountants. The total of allowances asked was approximatelv $720,000. The Root, Clark, Buckner & Ballan- tine application for an allowance of (Continued on page 4) Philadelphia Indie Starts Ad Letters Philadelphia, Nov. 12. — The }rant in the West Philadelphia dis- rict, is the first independent neigh- )orhood theatre to follow the Stanley- iVarner system of film classification. Et is using the "A" and "F" designa- :ion in its directory ads in the Phila- lelphia newspapers. It is believed that many of the nther 60 neighborhoods who appear in he Evening Ledger directory, will fol- low suit. Poster Men Discuss Plans for New York Eastern executive committee of the National Poster Protective, Ass'n., Inc. held a secret meeting last week at the New Yorker to discuss plans under way for branching out into other fields. About 12 attended. While no action was taken, the com- mittee men returned to their respect- ive territories to give further study- to the ideas in mind. It is understood that another meeting is slated either late this week or next which will be attended by representatives from all over the country- Strict secrecy is being kept on anticipated moves. Selznick Replies to Resignation Report Hollywood, Nov. 12. — Reports that he would leave M-G-M upon comple- tion of his contract with the studio to become associated with John Hay (Continued on page 2) That Makes It 20 Hollywood, Nov. 12. — One of the Hollywood writers ap- proached a literary agent and asked him if he charged the usual 10 per cent commission for selling a story. The agent said: "Yes, I charge the usual 10 per cent, but in ad- dition I charge 10 per cent for storage while your manu- script is in my office." K. C. on Edge About Moves On Clearance Kansas City, Nov. 12. — If Campi at tomorrow's session orders modifi- cation of Kansas City's clearance schedule, as appears likely, the action is expected to cause an upheaval among some exhibitors who have al- ready contracted for new product. The reason is practically everyone here was so confident the new plan would receive Campi's O. K. that many subsequents, who are directly affected, entered into contracts with the new schedule incorporated. Exhibitors be- lieve that in event the clearance set- up is rejected or changed, this would void their contracts. Because new season product is be- ginning to fall due at the subsequent runs and last year's pictures will have (Continued on page 4) K. C. Giveaway Ban Ends; Plan New Poll Kansas City, Nov. 12. — The griev- ance board today lifted the ban on premiums in effect since Oct. 27 in a six-county area, including Greater Kansas City, when it dismissed com- plaints brought by Fox Midwest against the Baltis, Roanoke and Cen- tral, local independent theatres, charging violation of the restriction. The decision held the unaffiliated exhibitors' petition asking for the ban (Continued on page 4) "Widow's" 4-Week Gross Is $55,600 Four weeks at the Astor on a two- a-dav policv netted "The Merry Widow" a total of $55,600. For the first three weeks the tally was $47,919 and the last week's gross figured at (Continued on page 2) Cohen, Happy, Sees New Para. Setup in Fortnight Kent Sails On Fox Sale Of G-B Stock Move Seen Paving Way For BIP Deal Sidney R. Kent, Fox president, sailed unexpectedly for London Friday night on the Aquitania. The trip is re- liably understood to have a bearing on a sale of Fox Film holdings in Gau- mont British, which is again being linked by London insiders in a deal with John Maxwell of British Interna- tional. Radio dispatches from England, out- lined in the Insiders' Outlook column in Motion Picture Daily yesterday, pointed out Kent has placed a price of $3.75 a share on his company's stock in Industrial and Bradford Trust, Ltd., holding company of G-B, and that one of the stumbling blocks in a sale has developed over inability so far to reach a middle ground ©n the trading value of the block. Kent's sudden departure for London is construed as indicating a deal for sale of Fox Film's 49 per cent in- terest in G-B is anything but remote. Hollywood, Nov. 12. — "I am happy to find that reorganization of Para- mount has reached the final stages with actual plans to be announced within a fortnight," declared Emanuel Cohen upon his arrival from New York. In Albuquerque, he merely told Motion Picture Daily reorganiza- tion would bring about no change in (Continued on page 4) Cosmopolitan List Cut; Time Lacking Cosmopolitan will not make its an- nual quota of six, which usually in- cludes two starring Marion Davies, because of a lack of time in the cur- rent releasing season, said E. B. Hat- rick, Hearst representative in Cosmo- politan, on his arrival in New York from the west yesterday. Production plans are still indefinite, Hatrick continued, but he expects to iron out all the details in conferences in New York, where he will remain until Jan. 1 when the new Warner agreement becomes effective. Produc- (Continued on page 4) NRA Holds Serials Not Short Subjects Washington, Nov. 12. — Holding that instalments of serials are not short subjects within the meaning of the term as used in that paragraph of the code limiting the proportion of shorts a distributor may require an exhibitor to purchase in contracting for features, the NRA today ruled, in a code Interpretation asked for by Campi, that exhibitors may not in- clude serial instalments in computing the number of shorts they may be required to purchase. MOTION PICTURE DAILY Tuesday, November 13, 1934 MOTION PICTURE DAILY (Registered U. S. Patent Office) Vol. 36 November 13. 1934 No. 114 Martin Quigley Editor-in-Chief and Publisher MAURICE KANN Editor JAMES A. CRON Advertising Manager — Published daily except Sunday and holi- days by Motion Picture Daily, Inc., sub- sidiary of Quigley Publications, Inc., Martin Quigley, President; Colvin Brown, Vice-President and Treasurer. Publication Office: 1790 Broadway, New York. Telephone Circle 7-3100. Cable ad- dress "Quigpubco, New York.'; All con- tents copyrighted 1934 by Motion Picture Daily, Inc. Address all correspondence to the New York Office. Other Quigley pub- lications: MOTION PICTURE HERALD, BETTER THEATRES, THE MOTION PICTURE ALMANAC and THE CHI- CAGOAN. ^ - Hollywood Bureau: Postal Union Lite Building, Vine and Yucca Streets, Victor M. Shapiro, Manager; Chicago Bureau: 407 South Dearborn Street, Edwin S. Clif- ford, Manager; London Bureau: Remo House, 310 Regent St., London, W. 1, Bruce Allan, Representative. Cable address: "Quigpubco, London"; Berlin Bureau: Berlin - Tempelhof , Kaiserin - Augustastrasse 28 Joachim K. Rutenberg, Representative; Paris Bureau: 19, Rue de la Cour-des- Noues, Pierre Autre, Representative; Rome Bureau: Viale Gorizia, Vittorio Malpassuti, Representative; Sydney Bureau: 102 Sus- sex Street, Cliff Holt, Representative; Mex- ico City Bureau: Apartado 269, James Lockhart, Representative; Glasgow Bureau: 86 Dundrennan Road, G. Holmes, Repre- sentative; Budapest Bureau: 3, Kaplar-u, Budapest, II, Endre Hevesi, Representa- tive; Moscow Bureau: Civtzev Vrazhek, N. 25, Apart. 146, Moscow, U. S. S. R., Bella Kashin, Representative. Cable ad- dress: "Samrod, Moscow." Entered as second class matter, January 4, 1926, at the Post Office at New York City, N. Y., under Act of March 3, 1879. Subscription rates per year: $6 in the Americas, except Canada $15 and foreign $12. Single copies: 10 cents. Schlaifer Cheerful Over N. E. Selling Optimistic over the reception given Gaumont British pictures by exhibi- tors, L. J. Schlaifer, sales manager for the company, has returned from New- England where he closed several first run deals. Among contracts signed are Abraham Goodie's first run in Portland, Me., and Joseph Levinsons houses in Quincy, Brookline, Attle- boro and Worcester, Mass. Schlaifer plans to make another trip to an eastern exchange center shortly. George Weeks, general sales man- ager, plans to leave Los Angeles in a few days. From there he goes to San Francisco, Portland, Seattle and a number of other key centers before hitting home ground. He'll return to New York around Dec. 1. Open New House Dec. 10 London, Nov. 12. — Gaumont British will open the New Gaumont Palace, Chelsea, Dec. 10. Bernerd Sails Shortly London, Nov. 12. — (By Cable) — Jeffrey Bernerd, general manager of Gaumont British, plans to sail for New York on the Olympic Nov. 21. Gould to Do Routines Hollywood, Nov. 12. — Dave Gould has been signed by Darryl F. Zanuck to do the dance routines for "Folies Bergere de Paris." MOTION PICTURE DAILY* HOLLYWOOD PREVIEW "The President Vanishes" (W 'anger Prod. — Paramount) Hollywood, Nov. 12. — Walter Wanger's first independent venture, striking again in the direction of "Washington Merry-Go-Round" and "Gabriel Over the White House," courageously dares a highly contro- versial subject with drama and romance set around it. Provocatively different, the production combines front page world events, personalizes international munition "gangsters," another shirt organization, gigantic forces striving for war and peace, secret service operations, Washington intrigue, aspirations of striking workers, Com- munists and Fascists, revealing selfish and unselfish motives all bouncing in staccato ticker tape fashion. A ring composed of an oil baron, a steel king, a chain publisher, an ex-judge and a lobbyist, bent on profits and using the Gray Shirts for What the Symbols Mean Reviews classified with a "G" are regarded as suitable for general entertainment. Those with an "A" are regarded as suitable for adult enter- tainment. a strong arm, conspire to make the country enter a war, using a manu- factured slogan, "Save Our Country's Honor." When the news breaks that the President is kidnapped, the gang is stymied as national attention is switched from the international conflict to the hunt for the Chief Executive. The imposing cast includes Edward Arnold, Arthur Byron, Paul Kelly, Peggy Conklin, Andy Devine, Janet Beecher, Osgood Perkins, Sydney Blackmer, Edward Ellis, Irene Franklin, Charles Grapewin, Rosalind Russell and others. William Wellman directed from the screen play by Cary Wilson and Cedric Worth. Barney McGill's good photography is aided by fine mon- tage work. Hugo Riesenfeld's music augments it. Being a blend of the melodramatic plus propaganda, the film has show- manship values of an exciting central theme and thought-provoking realities. Bound to stir plenty of talk, the production bids fair to give itself a flying start at the box-office. Previewed without production code seal. Running time, 85 minutes. Classification : "G." Selznick Replies to Resignation Report (Continued from page 1) Whitney were met by David O. Selz- nick today with the statement that he had no idea what course he would follow when the agreement expired on Feb. 1. Although he would not com- mit himself on the report mentioning his name with that of Whitney, the two have been known to confer on every one of the latter's visits to the coast. At present Selznick is finishing "David Copperfield," with "Vanessa," "Reckless," and "Piccadilly Jim" in work. Following these he is slated to produce "A Tale of Two Cities." "Hell Afloat," "The Brave Live On" and "Anna Karenina." It is problem- atical whether all can be completed by the time his contract expires, al- though he is working to that end. Stays at Gen'l Service Hollywood, Nov. 12. — Walter Wanger Prod, has signed a new con- tract to remain at General Service studios for the balance of its program. The company has completed only "The President Vanishes" in its pro- gram of six films. Jay Paley flies east tomorrow with a print of this pic- ture, for which he will arrange Par- amount bookings. Columbia to Confer On Capra's Latest Columbia is so excited over preview reactions to Frank Capra's "Broadway Bill" that all eastern branch managers have been summoned to New York for conferences Friday and Saturday. The gathering will be held at the St. Moritz. Abe Montague, general sales manager, will preside and sales, ad- vertising and exploitation will be dis- cussed. Among those to attend will be: Mon- tague. Joe McConville, Rube Jackter, Lou Weinberg. Lou Astor, J. W. MacFarland, Abe Schneider and Herschel Stuart of the home office; I. H. Rogovin. New Haven manager; T. F. O'Toole, Boston; C. N. Johnson. Albany: H. E. Weiner, Philadel- phia; S. A. Galanty. Washington; A. H. Levy. Pittsburgh; Joe Miller, Buffalo; Nat Colin and E. Schnitzer. New York; A. S. Moritz. Cincinnati; H. C. Bissell. Cleve- land; C. H. Shalit. Detroit, and M. Solo- mon, Indianapolis. Similar conferences will be held in the middle west and south. Cohn Sails Tomorrow Genoa, Nov. 12. — Jack Cohn, vice-president of Columbia, sails on the Contc de Savoia Wednesday, arriving in New York Nov. 20. Derr, Sullivan Here E. B. Derr and Charles Sullivan, partners in Derr-Sullivan Prod., are in New York from Hollvwood. New Tax May Mean IL S. to Quit Berlin (.Continued from page 1) other, hit it off in complete unanimity. Typical of the comment was : "This looks like the last straw. This move appears to be a deliberate step to crowd us out of that market which is O.K. with us. We can't get our money out of Berlin anyway, so what's the difference?" Universal some months ago disposed of its German business. Warners are virtually out of the market, having been in the process of liquidation since the early days of the Hitler regime. One opinion maintained the German decree was influenced by the action of the Czech Government in nearby Prague. Fear was expressed that the Berlin decision may influence indenti- cal action on the part of neighboring nations, such as Austria and Hungary. Berlin Representatives Disturbed Berlin, Nov. 12 (By Wireless).— The most drastic blow so far struck at American films in Germany is seen by resident representatives of American companies in today's decree of thfe Reich's Film Chamber in imposing a uniform import tax of 20.000 marks (approximately $8,000) on imported features. The previous tax ran be- tween 4,000 and 5,000 marks, thereby marking up the new scale as an in- crease of about 400 per cent. The new permit system merely guar- antees entry into Germany of pictures made abroad, but in no wise restricts the activities of the German censor board which may reject any picture after entrv. "Widow's" 4-Week Gross Is $55,600 (Continued from page 1) $7,690. The picture opens at the Capitol Friday. "365 Nights in Hollywood" at the Mayfair garnered $9,500. "The First World War" at the Rialto ends its week Wednesday and the gross will probably run around $21,000, which is double normal business. In Brooklyn last week, takes were only fair. "Mrs. Wiggs of the Cab- bage Patch" took in a weak $14,500; "Peck's Bad Boy" at the Roxv was good at $16,000; "Du Barry" off at $9,000 at the Strand. "Power" at the Fox this week is holding up unusually well, according to the management. "Transatlantic Merry-Go-Round" at the Rivoli in 10 davs tallied about $35,000. Bishops to Meet Washington, Nov. 12. — One hun- dred and four bishops, representing all Catholic dioceses in the United States, are assembling here for a four- day conference beginning Tuesday. The conference will be held at the Catholic LTniversitv. Change in Loew Meeting Annual meeting of Loew's, Inc., has been changed from Dec. 11 to the sec- ond Tuesday in December, effective in 1935. Stockholders of record on Nov. 17 mav vote. onde... brunette... and red heads! One hundred honeys who make up the world's most rgeous song, dance and cheering section in any college stadium ! They're the babies who cheer d get cheered in Par amount's musical romance of fun and football in and out of college! COLLEGE RHYTHM" )E PENNER • LANNY ROSS • JACK 0AKIE • HELEN MACK rDA ROBERTI • MARY BRIAN -GEORGE BARBIER mUmimmamMh Paramount Picture directed by Norman Taurog with plenty of words and lots of music by Gordon & Revel 4 MOTION PICTURE DAILY Tuesday, November 13, 1934 Cohen, Happy, Sees New 4 Purely Para. Setup in Fortnight Personal ► K. C. on Edge About Moves On Clearance (Continued from page 1) been exhausted in six weeks or so, the trade is wondering what is going to happen. The understanding prevails the schedule will hold until the modi- fications ordered by Campi become ef- fective. W. D. Fulton, who heads a group of independents protesting the pro- posed schedule, has wired Campi ob- jecting to the action of exchanges in making the new plan effective before approval by the higher body. His wire stated this action automatically denies the exhibitors' right of appeal, that subsequents are out of last year's product and an immediate decision is vitally imperative. Fulton claims the exchanges' posi- tion is that since no clearance has been approved by Campi, they can sell under their own provisions until a schedule is definitely set, in which event any plan finally adopted will supersede terms written into pacts. All companies are understood using the new clearance setup for Kansas City and the clearance territory. An exception is two nictures on M-G-M's 1934-35 list which had a first run at the Midland at 25 cents early this season. Little Chance Seen for Plan That Campi will adopt the Kansas City schedule today at its special meet- ing is given little hope by a number of distributors who point to prices as a clearance guide as one of the princi- pal objections. Exchange interests feel that protection is a matter of barter and trade and the code cannot take this away from distributors. Exhibitors, however, feel that this objection is minor for three reasons: 1 : How much is the exhibitor charged ? 2 : How much does he charge at the box-office? 3 : How long will these prices be charged? Theatre men hold that admissions as a yardstick for clearance is only one of the 12 principles evolved re- cently by the clearance and zoning committee for setting up schedules. That protests to one of the 12 points should hold up national zoning is held absurd by them. K. C. Giveaway Ban Ends; Plan New Poll (Continued from page' 1) bore an insufficient number of signa- tures since six exhibitors who voted against premiums later requested their names be withdrawn — a request which the board declared it should have hon- ored at the time. The board's ruling will necessitate a new poll. Premium proponents were ready to take their fight to the Federal courts if the board upheld the ban. Pollak, Stage Producer Joe Pollak, one of the founders of National Screen Service and long its president, is taking a flyer in stage production and already has "All Rights Reserved," current at the Ritz, on his roster. "Lola," a German play, is next. Joyce Slashes Para. Lawyers To $370,000 (Continued from page 1) $350,000 was reduced to $225,000 and those of the trustees, Charles D. Hilles, Eugene W. Leake and Charles E. Richardson, aggregating $300,000, were reduced to an aggregate $97,- 000. In recommending the latter al- lowance Joyce ruled that the provi- sions of the bankruptcy law restricting the allowances of trustees to two per- cent of the moneys paid out by them on behalf of the bankrupt estate should prevail in this instance. Joyce had permitted a re-argument on this point late last month. Counsel for the trustees contended that the provision need not prevail as, in the meantime, Paramount had filed for re- organization under Section 77-B, the newly enacted bankruptcy legislation which stipulates that the court may fix fees for trustees which appear rea- sonable and proper. Counsel for Paramount creditor groups opposed this view. Joyce's ruling is reported to be the first to be handed down on this point since enactment of Sec- tion 77-B. Joyce recommended an allowance of $3,500 for Rosenberg, Goldmark & Colin, counsel for Paramount Publix, as compared with the $7,500 asked. He recommended $10,000 to Barrow, Wade, Guthrie & Co., special account- ants employed by the trustees, in place of the $21,870 asked, and $10,000 to Price, Waterhouse & Co. in place of the $15,228 asked by this accounting firm. Virtually all other allowances and disbursements asked which were uni- formly in smaller amounts, were rec- ommended by Joyce as petitioned. The allowances are for services and dis- bursements rendered after the end of Paramount's equitv receivership in April, 1933. up to June 16, 1934, when the company became a debtor corporation for reorganization under 77-B. Joyce's recommendations will be considered by the district court after a hearing on Nov. 21. Further re- ductions in some of the allowances are considered likely at that time. Beat Made a Director Hollywood, Nov. 12.— When Kurt Neumann, directing "Straight From the Heart'' at Universal, was injured by a fall, the studio assigned his as- sistant, Scott Beal, to take Neumann's place until he could resume his du- ties. Executives, pleased with Beal's work and finding that Neumann would not be able to return for several weeks, definitely assigned Scott to finish the picture for which he will receive a director's salary and credit. Ben F. Zeidman, producer, has signed Scott to a long term contract as a director. Beal won this year's Academy award as the best assistant director. (Continued from page 1) the production setup and would keep Adolph Zukor as president of the com- pany. He became more definite as he traveled west, however, and named the above date. On the other hand, Cohen was some- what perturbed by the local publica- tion of sensational rumors linking his name with Cecil B. DeMille's in a plan to assume control of production. "There have been so many silly rumors printed in the last few months that, if all were clipped together and read in continuity, we would all be doing somersaults trying to keep track of the actual course Paramount is fol- lowing during its reorganization." Commented DeMille : "The published story of the deep- dyed, almost blood-curdling plot to get control of Paramount production is another ridiculous rumor. The same silly reports have made me head of production three times this year which is a job I do not want. PossibK" these rumors cropped up when, on hearing other reports that there were some insidious attacks on the studio and on Cohen, I approached the Para- mount trustees and bankers and gave them my opinions on Cohen. That's as far as I went." In the meantime, the studio is "burn- ing"' over the local publication which ran the alleged Cohen-DeMille "coup." The Paramount production staff staged a real surprise "welcome home" party for Cohen at his home last night and brought their own food. Zukor Stays in New York Adolph Zukor has no immediate plans for returning to Hollywood, but will remain in New York. Cosmopolitan List Cut; Time Lacking (Continued from page 1) tion will start after the first of the year. M-G-M is now releasing "Evelyn Prentice," the la-st Cosmopolitan to be made under its banner. Hatrick also dispelled rumors that "Movie Queen" and "Marie Antoi- nette" might be Davies vehicles, saying that thev were the propertv of M-G-M. Warner Zone Heads Gather Here Today Zone managers of Warner Theatres will hold their quarterly meeting to- day at the home office. Joseph Bern- hard, general manager of Warner the- atres, will preside. Among those who will attend the session are : I. J. Hoffman, J. Stewart MacDonald, Moe Silver, Clayton Bond, Ted Shlanger, Mort Blumen- stock, Lester Krieger and Frank Phelps, all from the home office. From the field : Tames Coston, Chi- cago; Nat Wolf, Cleveland; B. E. Hoffman, New Haven ; Don Jacocks, Newark ; Lou Lazar, Albany ; Leon- ard Schlesinger, Philadelphia ; Harry Kalmine, Pittsburgh ; J. J. Payette, Washington ; David E. Weshner, Mil- waukee ; Herbert Copeland, Atlantic City, and Howard Waugh, Memphis. SI SEADLER and Oscar Doob hat a hectic time in Hollywood, bu 1 it was all business. They spent mos I of their time in the projection roon ] looking at new M-G-M product. J Ian Hunter, English stage anc-<| screen actor, is expected to arrive oi | the coast shortly to report to WarJ ners. Sam Briskin is on the way bad* to Hollywood via the Canal. Thrl original sailing date was today, bu1 he sailed Saturday. Howard S. Cullman leaves toi Washington tonight to attend confer- ences on unemployment insurance legislation. David Loew returns from White Sulphur Springs either tomorrow ci Thursday. Pittsburgh Ad War Brought to An End Pittsburgh, Nov. 12. — After i seven-month war, during which botr Loew's and Warners have taken onl) three inches of space on the regular display days, the two theatre circuit; have made peace with the Pittsburgh Sun-Telegraph, and they return tc regular schedules this week. Nobod> would say what concessions, if any were made. Since last May, the Sun-Telegraph has received only directory space while the Post-Gazette, the morning daily, has had its allotment doubled with the Press, another afternoon, cut to half that of the Post-Gazette. Flash Reviews Wednesday's Child— . . . adult fare . . . although there is nothing offen- sive in any of its situations nor in* their handling. . . . The Man of Courage — While this film tribute to Mussolini . . . seem- heading for a boisterous reception from those of Italian blood, it is hardly likely it will stir the ordinary picture audience more than mildly. These films will be reviewed in full in a later issue of Motion- Picture Daily. U. A. Claims Record United Artists claimed "Kid Mil- lions" broke a record standing four years at the Rivoli when the Cantor picture played to 30,000 patrons Sat- urday and Sunday. "We Live Again" at the Music Hall drew 50,000 paid admissions in those two days, the com- pany claimed. This is the second week for the Sten film. Johnston Returns Soon W. Ray Johnston, president of, Alonogram. is due from Hollywood by plane either Thursday or Friday. He is conferring with Trem Carr. vice-< president in charge of production, on new pictures and also laying out pre- liminary plans for the next annual con- vention in Hollywood in March. Barsky on Way East Hollywood, Nov. 12. — Bud Barsky is on his way east enroute to London to look over possibilities to establish an independent producing organization there. The Leading Motio Picture Industry MOTION PICTURE DAILY Alert, Intelligent the I in All Branches )L. 36. NO. 115 NEW YORK, WEDNESDAY, NOVEMBER 14, 1934 TEN CENTS judington Is Earned Head of st Div. Prod. ompany to Start First Of Eight in January Nicholas S. Ludington, who, with illiam Fiske, III, recently bought a avy interest in First Division Ex- anges, has been elected head of First vision Prod., new producing affiliate. Other officers are : Vice-president d producer, Henry Hobart ; vice- esident and treasurer, John Curtis ; re-president, William Fiske, III ; rretary, Frank Look. Eight pictures are planned, accord- l to the company announcement, th the first scheduled to start about t first of the year. Curtis, Look and Hobart will fly to t coast soon to arrange for studio {Continued on page 11) our Features, 12 Shorts Given Seals Hollywood, Nov. 13. — Four features, shorts and three serial episodes re- ived certificates from the Produc- in Code Administration from the riod of Oct. 28 to Nov. 7. Warners head the list with three itures and one short ; Radio, one d one ; Universal, two shorts and ree serial episodes ; Columbia and (.Continued on page 11) azarus, Back, Says West Is Picking Up Paul Lazarus, United Artists sales ecutive, arrived at the home office sterday after a seven weeks' tour of changes through the west and Can- a. Lazarus will remain here indefinitely d plans no other trips at the present ie, Conditions were very encour- ing throughout the whole country, said yesterday, and a continued im- jvement is to be looked for. IPTO in Washington Reelects Brylawski Washington, Nov. 13. — A. Julian •ylawski, nine times president of the . P. T. O. unit here, was reelected ain today along with the remainder last year's executives. They are: Vice-President, Sidney Lust; secretary, Nat B. Browne; easurer, William B. Herbst ; execu- te committee, Charles H. Olive, J. (Continued on page 11) Expect Catholic Bishops Will Approve Continued Film Watch Washington, Nov. 13. — Continual watch to see that films main- tain the standards which they have reached as a result of the Legion of Decency drive is expected to be one of the recommen- dations of a report to be submitted to a conference of 70 Catholic bishops now under way here. The report will come from a special committee appointed last year. It will be presented tomorrow. While the conference is executive, it was indicated that the committee has watched the campaign against alleged indecent pictures and is impressed with the power of public sentiment in eliminating undesirable factors. It is anticipated that the re- port will stress this point and comment favorably upon the re- sults achieved in last summer's campaign. It is not expected that continuance of the campaign will be recommended, but that, rather, the church organizations will continue to watch pic- tures to see that the industry's promises are fulfilled. Equity Decides to Allow Guild to Get Own Charter Screen Actors' Guild will become a chartered unit of the Associated Act- ors & Artistes of America, rather than an affiliate of Actors' Equity Ass'n., under plans furthered yesterday at an Equity council meeting attended by Kenneth Thomson, Guild secretary, and Laurence W. Beilenson, counsel of the Screen Writers' Guild. The Equity council voted not to oppose the Guild's application to the A. A. A. A. for a charter cover- ing the film field. The A. A. A. A. is the international actors' organiza- tion which exercises jurisdiction over the entire amusement field for the American Federation of Labor. Issuance of a charter to the Guild would place it on a par in A. F. of L. (.Continued on page 4) ITO A Move to Join Allied Is Up Again A move is on again to affiliate the I. T. O. A. with Allied. A commit- tee, headed by Dr. Leon Greenfield, who operates the Gloria and Paras- Court in Brooklyn, has been named to study the matter. A report is ex- pected at today's meeting. Allied executives approached on the anticipated affiliation reported no knowledge of it. I. T. O. A. and Al- lied headquarters are adjacent to each other at the Lincoln. The move to join Allied was sug- (Continued on pane 111 Samuelson Fails to Discuss Law Plans Sidney Samuelson's promise to give members of Allied of New Jersey the lowdown on legislative plans of the national association didn't materialize yesterday at the regular meeting of the unit. Aside from discussing the local film problem, percentages and preferred playing time, nothing of importance came up except for the announcement (Continued on page 11) See Further Delay On Para. Bank Suit Further postponement of the Para- mount Publix trustees' action against the $13,200,000 creditor bank group is anticipated at the hearing scheduled for today before Federal Judge Alfred C. Coxe, due to the still incomplete status of the reorganization plan fos- tered by the principal Paramount cred- itor, debenture and stockholder groups. Pressing of the trustees' action for a preliminary examination of officers of the creditor banks as to details of the $13,200,000 Film Productions (Continued on page 11) RKO-Skouras Dicker On Theatre Shifts Negotiations are under way between RKO and Skouras whereby the former will turn over to Skouras the Embassy, Port Chester, and Strand, Rockville Center, L. I. Skouras had a deal on to take over the two houses, recently acquired by RKO in its local acquisition drive, at the time of the product settlement be- tween Loew's and RKO. The deal at the time failed to materialize. Clearance Is Sent Back to Kansas City Schaefer, Golden Going To Confer on Changes After spending an entire day dis- secting the Kansas City clearance and zoning plan, Campi yesterday returned the plan to the local code board and exhibitors for modification. That this would be the case was exclusively re- ported in Motion Picture Daily on Nov. 9. George J. Schaefer, chairman of the national clearance and zoning commit- tee, and Edward Golden, alternate for W. Ray Johnston, independent Campi member, were appointed yesterday as a committee of two to visit Kansas City and try to straighten out the weak spots. They leave today and will hold sessions with the K. C. code board and local exhibitors on Friday and Saturday. Schaefer and Golden will report back to Code Authority at its meeting on Nov. 22. Schaefer presided at yesterday's ses- sion and the fact that he elected him- self as one of the two men to go to (Continued on page 4) K. C. Hails Mission Of Schaefer, Golden Kansas City, Nov. 13. — That the dispatching of George J. Schaefer and Edward Golden to this city by Campi is a good move which will probably re- sult in ironing out differences between the Authority and the local clearance and zoning board was the consensus of opinion of members of the latter group today. Information received here is under- stood to be to the effect Campi favors geographical zoning instead of clear- ances based on admissions, as cham- pioned here. It is believed the (Continued on page 4) Harry Shaw to Run Loew's Poll Group New Haven, Nov. 13. — Harry Shaw is taking over the supervisory reins of Poli in New England and Louis Sagal will have charge of union matters and leases under a revised setup of the circuit made by Loew's home office executives. Shaw is Loew's man and Sagal rep- resents Sylvester Z. Poli. Several other changes in the managerial line- ups have been made and are now in effect. MOTION PICTURE DAILY Wednesday, November 14, 1934 MOTION PICTURE DAILY (Registered U. S. Patent Office) Vol. 36 November 14, 1934 No. 115 Martin Quigley Editor-in-Chief and Publisher MAURICE KANN Editor JAMES- A. CRON Advertising Manager Published daily except Sunday and holi- days by Motion Picture Daily, Inc., sub- sidiary of Quigley Publications, Inc., Martin Quigley, President; Colvin Brown, Vice-President and Treasurer. Publication Office: 1790 Broadway, New York. Telephone Circle 7-3100. Cable ad- dress "Quigpubco, New York." All con- tents copyrighted 1934 by Motion Picture Daily, Inc. Address all correspondence to the New York Office. Other Quigley pub- lications: MOTION PICTURE HERALD, BETTER THEATRES, THE MOTION PICTURE ALMANAC and THE CHI- CAGOAN. Hollywood Bureau: Postal Union Lite Building, Vine and Yucca Streets, Victor M. Shapiro, Manager; Chicago Bureau: 407 South Dearborn Street, Edwin S. Clif- ford, Manager; London Bureau: Remo House, 310 Regent St., London, W. 1, Bruce Allan, Representative. Cable address: "Quigpubco, London"; Berlin Bureau: Berlin - Tempelhof, Kaiserin - Augustastrasse 28, Joachim K. Rutenberg, Representative; Paris Bureau: 19, Rue de la Cour-des- Noues, Pierre Autre, Representative; Rome Bureau: Viale Gorizia, Vittorio Malpassuti, Representative; Sydney Bureau: 102 Sus- sex Street, Cliff Holt, Representative; Mex- ico City Bureau: Apartado 269, James Lockhart, Representative; Glasgow Bureau: 86 Dundrennan Road, G. Holmes, Repre- sentative; Budapest Bureau: 3, Kaplar-u, Budapest, II, Endre Hevesi, Representa- tive; Moscow Bureau: Civtzev Vrazhek, N. 25, Apart. 146, Moscow, U. S. S. R., Bella Kashin, Representative. Cable ad- dress: "Samrod, Moscow." Entered as second class matter. January 4, 1926, at the Post Office at New York City, N. Y., under Act of March 3, 1879. Subscription rates per year: $6 in the Americas, except Canada $15 and foreign $12. Single copies: 10 cents. Report Roxy Set on Mastbaum Operation Philadelphia, Nov. 13. — S. L. (Roxy) Rothafel is set to operate the Mastbaum for Warners on a reported 90-day trial agreement. Under the reported deal, Rothafel will get $1,000 a week against a percentage of the profits. It is understood Roxy claims a new idea for stage shows which he will try at the house. Also reported is that the ban on Sunday shows may be lifted shortly. Efforts to check the Philadelphia report with Joseph Bernhard, in charge of Warner theatre operations, were unavailing yesterday. Bernhard was in a zone managers' meeting and could not be disturbed. Al W. Gillis Killed Seattle, Nov. 13.— Al W. Gillis, agent and well-known manager here, was fatally injured by an autoist. He died a few hours after the accident without regaining consciousness. Ac- cording to the driver's report to police, Gillis had evidently been struck by a passing car and was lying in the street when the second car hit him. Rapaport Loses Father Jack Rapaport, Paramount manager in Cuba, is flying here from Havana to attend the funeral today of his father, who died suddenly Monday. Insiders' Outlook HP HE merits of the who and * what in the patent situation have yet to be determined. What worried some of your best known executives until it was deter- mined a few days back was the refusal of the United States Su- preme Court beyond which there is no legal redress to review the findings of the lower Federal court on the American Tri- Ergon claims. Infrequently has that august, black-robed body of eminent jurists reversed itself, yet it has done exactly that in this instance. . . . T Another way of putting it would be to say that the door, once slammed shut and bolted, is now merely shut. Or, stretching a point, slightly ajar. Who owns the double printing and flywheel patents may remain to be seen, but at least, the issue is to be ventilated again. That sets Bill Fox back a peg or two. It also makes the majors breathe easier, hold fewer meetings at the Hays office, and by the same token, permits a more normal conduct of routine business. . . . T Indicative of how the wind has shifted is the understand- ing, based on something beyond elevator gossip, that Erpi is no longer so avid about the fly- wheel substitute in its reproduc- ing equipment. This is not to say, or to imply for that matter, that the subject is not rating and getting serious consideration, for it is. But, the dopesheet indi- cates no more substitutions are being installed beyond the sev- eral now being tried out in Northern Jersey theatres. . . . ▼ _ How Erpi feels in the matter is identical with the reactions of its licensed companies and that, in turn, means some big fellows like Metro, Paramount, Fox, U. A., Columbia, Universal and Warn- ers. All reactions being relative, you'd be surprised to learn how comparatively light-hearted cer- tain executives in these organ- izations have turned since No- vember 5 when the Supreme Court, having said it wouldn't, decided it would. . . . T Whether or not it actually is in Fox's mind to do what is laid at his door or whether the resist- ing majors construe it that way becomes a matter of conjecture. However, one of the most inter- esting of the paragraphs in the briefs prepared and submitted to the Supreme Court asking for the right of review which subsequent- ly was extended seeks to make a differentiation between a ma- chine and the product of that machine. . . . T It rates attention. From the brief, then, its italics reprinted from the text : "Moreover, the respondents are seeking to extend the assert- ed monopoly of their patent which is for a machine, to cover and control the unpatented pro- duct of the machine, specifically asking, in the bills of complaint filed since the denial of the orig- inal petitions by this court, for an injunction against leasing, dis- tributing^ etc., 'film sound records produced in infringe- ment of, or in the course of in- fringement or contributory in- fringement of, the aforesaid Let- ters Patent' which is for the ma- chine, not the records 'and any and all duplicates or sound rec- ords made therefrom' and ask that those already produced be delivered up 'to the court for destruction.' Such an injunction would result in destroying the valuable libraries of film which each producer has made, at large expense, in the past." T Motion Picture Daily, date- (Continued on page 11) Most on Big Board Take a Loss High Columbia Pictures, vtc 3756 Consolidated Film Industries, pfd 15?i Eastman Kodak 110lA Fox Film "A" ayx Loew's, Inc 3VA M-G-M. pfd 454 Pathe Exchange \yt Pathe Exchange "A" 14 RKO Warner Bros 4% Curb Issues Remain Unchanged Net High Low Close Change Technicolor 13J£ 13 13 Trans Lux 2 2 2 Warner Bonds Drop Half Point Net Low Close Change Sales 37!^ 37YS — ^ 1,300 1SK 1554 + Vt 900 109 110 — 54 1.000 1354 1354 - *A 1.300 31 31 — M 3.200 VA 454 - 56 1.700 154 154 - % 500 1354 135S — v% 500 4Ys m - 434 2.100 3.100 High Low Close General Theatre Equipment 6s '40 6V2 654 6A General Theatre Equipment 6s '40. ctf 654 6A 654 Keith B. F. 6s '46 6354 6354 6354 Loew's 6s '41, ww deb rights 104 103^ 104 Paramount F. L. 6s '47 5754 5754 57^ Paramount Publix 554s '50 57J4 57M 57?4 Warner Bros. 6s '39, wd 59% 58k 59 Net Change + 54 + Vs. - 54 + 54 - 54 Sales 1.000 100 Sales 12 1 5 15 7 1 19 < Purely Personal ► NICHOLAS SINGAEVESKY who is on his way to report ti the Warner studio; Felix Ferry Val Parnell, London theatrical man ager, and Regina Opoczynska ar rive here today on the Chatnplain. E. H. Goldstein, vice-president 0 Majestic, is in Cincinnati and plans t« visit a few other franchise holders be fore returning to New York. Fred Quimby returns from th coast in about four weeks. He's no\ at the M-G-M studios conferring wit short subject producers. Basil Woon's biography, "The Rea Sarah Bernhardt," has been purchase by Paramount and will be filmed a "The Divine Sarah." Nicholas M. Schenck braved th snow flurry yesterday morning an walked from his home to work san chapeau. Sam Cocalis returned yesterda from Boston where he spent a fe days visiting his daughter, Virginia student at Wellesley. Tom Murray left for Lake Plac last night to visit his boss, A. F Schwartz. He'll be gone a fe days. Harry Edington and his wif> Barbara Kent, didn't arrive on tl Berengaria yesterday. They're still England vacationing. Lou Weiss, head of Exploitatic Pictures, was scheduled to arrh from the coast yesterday, but has bee delayed until Friday. Courtney Terrett. former Ne York newspaper man and now a coa scenario writer, is stopping at tl Lombardy. Rene Hubert, Fox wardrobe hea who has been abroad for some tin studying style trends, arrives today t route to the coast. George Arliss sails from Englar on the Majestic, Nov. 14, bound f here. He just finished "The Ire Duke" for Gaumont British. Sidney Samuelson has boug Paramount product for the first tin in a number of years. Heliodora Garcia, of Havana Teatro Nacional, has left here fi home after a four weeks' visit. Warren Hull, radio star, has bet signed by Educational to play opposi Sylvia Froos in a two-reel comedy. William A. Johnston and Forre Halsey have sold their original, "Da Crossing," to Universal. Walter Eberhardt is torn betwe Miami, Pinehurst and Bermuda - that vacation of his. Spyros Skouras will go to tl coast sometime next month on F. \ C. reorganization. Queena Mario's yarn, "Murder the Opera House," has been boug by M-G-M. Maurice Chevalier is on his w; to the coast to play a dual role in 20 Century's "Folies Bergere de Pari; Eddie Cantor will sail Dec. 1 1 the Rex for a vacation in Europe. Vincent Starrett's "Recipe f Murder" has been sold to Fox. J. P. McEvoy has sold "One B Happy Family" to Paramount. Columbus Harrisburg calling aWt Evelyn nc^i^ nave* 7" nejit/ce* Toledo "Evelyn >T/ ^/Detroit NashviJJe (( calling-aWt fvelyarPrentice ANOTHER BELL RINGER FOR LEO its BILL POWELL-MYRNA EVELYN PRENTICE that's burning up the wires with news o a new M-G-M box-office smash from coast to coast! Held Over 2nd Week Capitol R Y. You're next! (An M-G-M Cosmopolitan Production with Una Merkel. Wm. K. Howard, Director. Produced by John W. Considine, Jr.) your cash register on a diet? Get ready for FAT box-offices for Mr. and Mrs. "Thin Man", the pub- lic's adored couple! MOTION PICTURE DAILY Wednesday, November 14, 1934* Clearance Is Sent Back to Kansas City (Continued from page 1) Kansas City is an indication that Campi means business. A real effort is being made to get the plan in oper- ation by Dec. 1, it is stated, but whether this will be the case depends largely on how local exhibitors react to modifications to be suggested by Code Authority's representatives. Campi is hoping that the Kansas City men can see the distributors' view- points and set up a precedent for the country. K. C. Hails Mission Of Schaef er, Golden (Continued from page 1) Schaefer-Golden mission is to explain Campi's position and determine why the local board is not reconciled to the Authority's views. The board may call an open meet- ing of exhibitors and distributors to give the Campi emissaries the benefit of all opinions. Jay Means, I.T.O. head, who has expressed the suspicion that distributors are opposing the new zoning schedule because they want to institute bargaining for protection, said he was glad the Campi represen- tatives were coming, as it will give them an opportunity to become familiar with local exhibitor problems, for which a solution is sought in the schedule submitted to Campi. Defer Fox Met Plan An extension of 30 days in which to endeavor to complete a plan of reorganization for Fox Metropolitan Playhouses, Inc., was granted the bondholders' committee yesterday by Federal Judge Julian W. Mack. The extension was granted on the peti- tion of counsel for the committee, who reported that, while some progress on the plan had been made, additional time was required for pending de- tails. To Aid IATSE at Studios Los Angeles, Nov. 13. — President George Browne of the I. A. T. S. E. today revealed the appointment of Steve Newfnan, member of Local 37, as international representative with re- building of the organization's power at the studios as his first duty. Newman will have complete supervision of all locals here until this work is done. Heretofore the various locals have op- erated independently of one another. Just a Stipulation, But It Stirs Up Legal Minds Harrison to Coast P. J. Harrison, editor of Harrison's Reports, leaves for Hollywood Tues- day on a combination business and pleasure trip. He says the primary purpose is to discover, if he can, why better pic- tures don't come along more often. To Show "The Battle" Leon Garganoff will be host at a showing of "The Battle" in the grand ballroom of the Waldorf-Astoria, Nov. 20. David M. Loew returned from White Sulphur Springs post haste yesterday to defend an overbuying ac- tion against the Loew circuit by the Electra, Brooklyn. With Eugene Picker, his assistant, and Louis Nizer in the role of attorney, Loew con- vinced Sam Rhonenheim, the com- plainant, that the Bayside Theatre had not overbought. An agreement was reached to withdraw the action. Then the fun started. While the board was preparing to quit, Nizer insisted on adding a stipu- lation to the withdrawal, which was objected to by Melvin Albert, coun- sel for the complainant. Nizer wanted to add "without con- sideration." Albert didn't like the idea. Nizer insisted on it. Albert objected and then Nizer asked Rhonenheim if it weren't true that no consideration was to be given. Albert told Rhonenheim that if he answered he would resign as attor- ney. Rhonenheim said he wouldn't walk out on Albert. It looked as though the case might go on for trial. Nizer .wanted to try it. Rhonenheim took it upon him- self to answer Nizer's question with- out advice of counsel and then Albert withdrew from the case. The board didn't know where it stood. Jack Bellman, chairman, suggested that the litigants go out and get together on the terms of withdrawal. In the meantime the board went into execu- tive session and decided on a previous case. Nizer and Albert then came out with an agreed upon stipulation which included the terms both at- torneys wanted. In the overbuying case previous to the stipulation argument, the board dismissed without prejudice a com- plaint of the Plaza, Freeport, L. I., against the Grove and Freeport, Freeport, operated by A. H. Schwartz. Before Loew was aware of the withdrawal of the Electra complaint, he objected to Leon Rosenblatt sit- ting in place of an affiliated exhibitor. Before Max Fellerman of RKO came over, Nizer told the board: "Let's call John Flinn. He's the conduit of Code Authority." That got some of the boys and they asked Nizer what he meant. He ex- plained as follows : "Flinn is the pipe through which Code Authority infor- mation flows." Flinn was uncertain about whether the unbalanced representation could be objected to and called upon Campi, which was in the throes of deliberation on Kansas City's clear- ance and zoning problems. Campi couldn't be bothered with it since it required much more time to discuss the matter than the members cared to give it yesterday. Equity to Let Guild Obtain Own Charter Gaumont Gets K. C. Spot Kansas City, Nov. 13. — Gaumont British is assured the Fox Uptown as its first run outlet in Kansas City, as a result of a deal negotiated by George Weeks, general sales manager, with Fox Midwest. "Chu Chin Chow" is set to open at the Uptown shortly as the first G. B. release. The local G. B. sales staff has been increased to three by the addition of Rube Melcher, formerly with Warners. Weeks Appoints More George Weeks, general sales mana- ger of Gaumont British now on a tour of key cities, has appointed J. L. Franconi sales manager for Dallas and Jack Groves salesman. In Buffalo Sam Levine has been made booker- salesman ; in Pittsburgh George Wheeler has been given a similar post and in Oklahoma City H. Russell Gaus has been appointed salesman. Weeks Is On Coast Los Angeles, Nov. 13. — George Weeks, general sales manager of Gau- mont British, is bus)- working out the details of his sales setup here at the Fox exchange. He also intends to close a deal with F. W. C. for Gau- mont British bookings before heading north to San Francisco, Portland and Seattle and east to Salt Lake City and Denver. Lighten Balcon Duties London, Nov. 13. (By Cable) — Maurice Ostrer will take over the business management of the Gaumont British studios. The move is de- signed to relieve Michael Balcon from all other duties except those directly concerned with production. Balcon is in complete charge of studio activities. "Flirtation" Book Out Distribution of 40-page press books on "Flirtation Walk" will be started today by Warners. Among the fea- tures are five national tieups, especial- ly posed photographs for dealer dis- plays, a newspaper serialization and a novelization complete in one install- ment. Accompanying the press book is a supplement of eight pages con- taining a wide assortment of ads. Chicago Dines Bernhardt Chicago, Nov. 13. — Max Rein- hardt, here to stage "A Midsummer Night"s Dream" at the Auditorium, was honored by the Fourth Estate to- day at a luncheon at the Hotel Sher- man. The impresario is due on the coast in a few weeks to work on the Warner picturization of the Shake- speare play. (Continued from page \) ranks with Equity. It would also mea that any stage player engaged for pic- ture work would first have to becom. a member of the Guild, and an; Guild member doing stage work wouli have to become an Equity member Likewise, in the event of strikes hr either the Guild or Equity, member of either organization would not h) available for replacing members 0 the striking organization. The agreement to adopt this proce dure, rather than the Guild affiliatioi with Equity that was first proposed came as the result of "further an< more careful study of the plannei alliance which convinced officers 0 both organizations that the separat charter procedure would be best fo both," according to a joint statemen issued following yesterday's meetinj by Frank Gillmore, Equity president and Thomson. "The council, in agreeing to giv the Guild autonomy in the manage ment of motion picture work," th statement said, "stressed particular!; the necessity of presenting a unite! front by actors in any negotiation with producers; the desire for a join conference board to handle comraci problems, and an exchange of all fal cilities of information and service be tween the two actors' organization on behalf of their members." Feist in Honolulu Honolulu, Nov. 13.— Felix Feisi M-G-M's general sales manager, vacationing here. Warner Club Has Dinner Charlotte, Nov. 13. — The local unit of the Warner Club met over the week-end at a banquet at Nunnally's, followed by a screening at the Broad- way theatre. Approximately 65 mem- bers and guests were present. Plans a Song Contest A radio contest to select a title song for his first musical for Warners, "Sweet Music," will be launched by Rudy Vallee on his Nov. 22 broadcast. Air fans will be given two tunes to chose from. Plan Color for "Dream" Hollywood, Nov. 13. — W a r n e r s will film several sequences of "A Mid- summer Night's Dream" in the new three-color Technicolor process. Pro- duction starts Dec. 1. Hollywood, Nov. 13.— Felix Feis returns here from Hawaii on Nov. 22 will visit a number of exchanges an< return east probably early January. Sharick in New "U" Jol Andrew J. Sharick has been namer manager of accessory sales by Urn versal. He has handled exploitation publicity and advertising both in th' home office and in the field. Sharicl will retain his other duties in the horn, office, including editorship of Prog '■ess, Universal interexchange orgaa Music Hall Operetta "Onteora's Bride," an operatij legend in four scenes, has been writteJ especially for the Music Hall by DeszJ D'Antalffy and will be produced bj the theatre starting Nov. IS. Salesmen Dine Jan. 1 Annual dinner, dance and entertain I ment of the M. P. Salesmen, Inc., oj New York, will be held New Year'; Eve at the Astor. Kohn Seeking Best Ralph A. Kohn is closing his officl in the Paramount Bldg. this week anc] will journey southward for a rest folf lowing a recent illness. Nat Holt Arrives Todai Nat Holt, RKO division managef in Cleveland, arrives today for homi office booking conferences. THE HOLD-OVER SENSATION THAT TURNED ONE WEEK STANDS AND THREE DAY TOWNS INTO LONG RUN MIRACLES ALL OVER THE COUNTRY NOW DANCING ON A RAIN- BOW OF GOLDEN REC- ORDS TO THE WORLD'S LARGEST THEATRE > if 1 WA ANNA STEN and FREDRIC EDDIE CANTOR KID N 11*111] 0 as** \RCH in WE LIVE AGAIN IONS with ANN SOTHERN • ETHEL MERMAN ISTS 8 MOTION PICTURE DAILY Wednesday, November 14, 19! "Cristo" Top Grosser for Twin Cities Minneapolis, Nov. 13. — The best straight film draw of the week was "The Count of Monte Cristo" at the Century. The take, $5,000, was over average by $1,000. "Six Day Bike Rider," helped by Ilomay Bailey and Lee Sims, reached $6,500 at the Orpheum, also over the line by $1,000, and "The Pursuit of Happiness" was up by the same amount on a $6,500 take at the State, with "The Star Dust Revue" on the stage. "Chu Chin Chow" went to $3,500 at the 400-seat World. "Madame DuBarry" and "365 Nights in Hollywood" were both strong in St. Paul, the former getting $6,000 and the latter $4,000. Total first run business in Minne- apolis was $25,000. Average is $21,000. Total first run business in St. Paul was $19,000. Average is $16,000. Estimated takings : Minneapolis : Week Ending Nov. 8: "THE COUNT OF MONTE CRISTO" (U. A.) CENTURY — (1,000), 25c-40c, 7 days. Gross: $5,000. (Average. $4,000) "THE LEMON DROP KID" (Para.) LYRIC— (1,000), 20c-25c, 7 days. Gross: $1,800. (Average, $1,500) Week Ending Nov. 9: "SIX-DAY BIKE RIDER" (F. N.) ORPHEUM — (2,000) . 25c-50c, 7 days. Lee Sims and Ilomay Bailey heading five acts. Gross: $6,500. (Average. $5,500) "THE PURSUIT OF HAPPINESS" (Para.) STATE — (2.300). 25c-40c, 7 days. "The Star Dust Revue." Gross: $6,500. (Average, $5 500) "NO GREATER GLORY" (Col.) TIME — (3001), 25c-35o, 7 days. Gross: $2,500. (Average, $2,500) "CHU CHIN CHOW" (Gaumont British) WORLD— (400). 25c-75c, 7 days. Gross: $3,500. (Average, $2,500) St. Paul: Week Ending Nov. 8: "MADAME DuBARRY" (Warners) PARAMOUNT— (2,300), 25c-40c, 7 days. Cross: $6,000. (Average. $5,500) "365 NIGHTS IN HOLLYWOOD" (Fox) RIVIERA— (1.200). 25c-40c, 7 days. Gross: '1.000. (Average. $3,500) "MILLION DOLLAR RANSOM" (Univ.) ORPHEUM— (2.000), 25c-40c. 3 days. "Bowery Follies." Gross: $3,500. (Average, for week. $4,000) "GIFT OF GAB" (Univ.) ORPHEUM— (2.000), 25c-40c, 4 days. Gross: $2,000. (Average for week. $4,000) "WAGON WHEELS" (Para.) TOWER— (1,000). 15c-25c, 7 days. Gross: $1,500. (Average. $1,500) "GREAT EXPECTATIONS" (Univ.) WORLD— (300). 25c-75c, 7 days. Gross: $2,500. (Average, $2,000) Stenographer Named To Ontario Censors Toronto, Nov. 13. — In rebuilding the Ontario Board of Censors, the new Liberal government performed an in- teresting flip. After firing E. J. Byrne, a veteran member of the board, the Ontario cabinet, headed by Premier Hepburn, appointed as his successor Miss Maude Canning who had pre- viously been dismissed from the posi- tion of senior stenographer of the board. No one was more surprised than Miss Canning. Miss Canning completes the new board of three which will perform the work previously handled by six cen- sors. "Priest" Hits Heavy $8,500 In Pittsburgh Pittsburgh, Nov. 13. — There was a lively pickup in business all over town last week, the first encouraging sign of the new season. Average was reached in almost every case, and in one spot, the Fulton, "Judge Priest" nearly doubled par, getting around $8,500 and staying over for a second week. At the Stanley, a good stage show bolstered "The Richest Girl in the World" and the net result was a nice $19,000. "The Merry Widow," at the Penn, likewise hit average with $12,- 000, but the impressiveness of this figure can only be gathered from the fact that this house hasn't touched average with a straight picture for some time now. The Pitt, lowering both its top and its overhead, has been doing well with vaudeville and pictures, last week's eight-act bill and "That's Gratitude" resulting in $4,500, while the Alvin was shooting ahead to a nice $12,000 with "Love Time" and a stage show. Only the Warner, with "The Lemon Drop Kid" and "The Fire- band" failed to touch par, but it was only $300 under, at $4,700. Total first grosses were $60,700. Average is $54,500. Estimated takings for the week end- ing Nov. 8 : "LOVE TIME" (Fox) ALVIN— (2,000), 25c-40c, 6 days. Stage: Johnny Perkins, Jackie Heller, Sylvia and Clements, Petch and Deauville. Ford, Mar- shall and Jones. Gross: $12,000. (Average. $10,000.) "JUDGE PRIEST" (Fox) FULTON— (1,750), 15c-40c, 7 days. Gross: $8,500. (Average, for 6 days, $4,500.) "THE MERRY WJDOW" (M-G-M) PENN— (3,300), 25c-50c, 6 days. • Gross: $12,000. (Average, $12,000.) "THAT'S GRATITUDE" (Col.) PITT— (1,600), 15c-30c, 6 days. Stage Rita Royce revue; Wynne and Dolly; Milo. Three Speed Demons; Ray Shannon; Pansy, the Horse, and Rogers and Oliver. Gross: $4,500. (Average, $4,000.) "RICHEST GIRL IN THE WORLD" (Radio) STANLEY — (3,600), 25c-60c, 6 days. Stage: Guy Kibbee, Don Bestor's band. Keller Sisters and Lynch, Three Queens. Gross: $19,000. (Average, $19,000.) "THE LEMON DROP KID" (Para.) "THE FIREBIRD" (Warners) WARNER— (2,000), 25c-40c, 6 days. Gross: $4,700. Average, $5,000.) Pitt Is to Stay Open Pittsburgh, Nov. 13. — Instead of closing the Pitt, as its operator, George Shafer, intended, he will con- tinue to operate indefinitely, playing vaudeville with pictures, however, instead of unit shows. In addition, Shafer has cut admis- sions from 40 to 30 cents, which observers believe may mark the be- ginning of a price war in downtown Pittsburgh, seen as a direct answer to the stiff competition of the Alvin, which has been playing stage shows and first run pictures at 40 cents top. To Rush "Two Cities" Hollywood, Nov. 13. — Immediately upon completion of "David Copper- field" M-G-M will get "Tale of Two Cities" ready. Hugh Walpole and Lenore Coffee have been assigned to write the adaptation. Bigger Than Garbo Kansas City, Nov. 13.— "Will Rogers has succeeded Greta Garbo as the name to con- jure with in the movies as far as the Middle West is concerned," comments John C. Moffitt, film critic of the Kansas City Star, anent the successful run of "Judge Priest" at the local Fox Up- town. Moffitt calls the Fox picture "the outstanding hit of the local season." "Happiness," with Show, Buffalo Top Buffalo, Nov. 13. — Ben Lyon and Bebe Daniels proved their strong per- sonal drawing power, aiding "Happi- ness Ahead" to up the Buffalo's nor- mal, $14,300, to $18,200. "The Gay Divorcee" finished stronger than it began and went into a second week after topping average by $1,100 at $9,100. Weather was mostly mild and fair. Total take was $46,200. Average is $42,800. Estimated takings for the week end- ing Nov. 9 : "HAPPINESS AHEAD" (F. N.) BUFFALO— (3.500). 30c-55c, 7 days. Stage: Ben Lyon and Bebe Daniels; Radio Rubes; Nell Kelly; Rosemary Deering. Gross: $18,200. (Average, $14,300) "CHARLIE CHAN IN LONDON" (Fox) "STRAIGHT IS THE WAY" (M-G-M) ( KXTURY— (3,000), 25c, 7 days. Gross: $6,300. (Average, $6,000) "KANSAS CITY PRINCESS" (Warners) "THE CASE OF THE HOWLING DOG" (Warners) GREAT LAKES— (3,000), 25c-40c, 7 days. Gross: $6,000. (Average, $8,000) "THE GAY DIVORCEE" (Radio) HIPPODROME— (2,100). 25c-40c. 7 days. Gross: $9,100. (Average, $8,000) "THERE'S ALWAYS TOMORROW" (Univ.) "MILLION DOLLAR RANSOM" (Univ.) LAFAYETTE— (3.300). 25c. 7 days. Gross: $6,600. (Average. $6,500) "Norton" Oklahoma Top; Gets $3,000 Oklahoma City, Nov. 13. — "Elinor Norton" and a stage show took the only important money here last week by running up to $3,000 at the Liberty in four davs. This was over average by $1,000. ' "Barretts of Wimpole Street," the next best draw, took $5,800 in seven days at the Warner, up by $800. "Girl of the Limberlost" was slightly over par with a take of $2,700 at the Capitol. Total first run business was $16,700. Average is $13,500. Estimated takings for the week end- ing Nov. 10 : "BARRETTS OF WIMPOLE STREET" (M-G-M) WARNER— (1,900), 10c-20c-36c-41c-56c, 7 days. Gross: $5,800. (Average, $5,000) "CLEOPATRA" (Para.) MIDWEST— (1.500). 10c-26c-36c-56c, 7 days. Gross: $4,000. (Average, $4,000) "GIRL OF THE LIMBERLOST" (Mono.) CAPITOL— (1,200). 10c-20c-26c-36c-41c, 7 days. Gross: $2,700. (Average, $2,500) "ELINOR NORTON" (Fox) LIBERTY— (1,500). 10c-15c-26c-36c, 4 days. Stage: Ernie Young revue. Gross: $3,000. (Average, $2,000) "THERE'S ALWAYS TOMORROW" (Univ.) LIBERTY— (1.500), 10c-15c-26c-36c. 3 days. Gross: $1,200. (Average week, $2,000) "Wiggs" Gets $42,000 with Show on Loop Chicago, Nov. 13. — "Mrs. Wiggs cfY the Cabbage Patch" was the big noise here last week. It piled up $42,00C, above par by $7,400, at the Chicago. Borrah Minnevitch and his band helped on the stage. "The Gay Divorcee" continued toj be something of a sensation in its third week at the Palace, getting $23,000j up by $1,000 on the normal take. "Cleopatra" held up to §11,000 in its I second week at the Roosevelt and "Barretts of Wimpole Street" took $10,000 in its fourth week at thel United Artists. Total first run business was $133,- 500. Average is $131,600. Estimated takings : Week Ending Nov 6: "CLEOPATRA" (Para.) ROOSEVELT— (1,591), 25c-35c-50c, 2nd' week, 7 days. Gross: $11,000. (Average, $11,000) Week Ending Nov. 8: "MRS WIGGS OF THE CABBAGE PATCH" (Para.) CHICAGO— (4,000), 25c-35c-68c, 7 day.-. Stage: Borrah Minevitch, Lillian Roth, La. Ghezzis, Moore & Revel. Gross: $42,000. (Average, $34,600) "ONE NIGHT OF LOVE" (Col.) GARRICK— (900), 25c-35c-40c, 7 days. Gross: $5,500. (Average, $5,000.) "CHARLIE CHAN IN LONDON" (Fox) ORIENTAL— (3,940), 25c-40c, 7 days. Stage: Pat Kennedy, Joe & Jane Mac- Kenna, Una Vilon, Ted Cook band. Gross: $18,000. (Average, $15,000) "THE GAY DIVORCEE" (Radio) PALACE— (2,509), 25c-35c-50c, 3rd week. 7. days. Stage: Irene Beasley, Billy House, Bert Walton, Adair and Richards. Gross: $23,000. (Average, $22,000) Week Ending Nov. 9: "BARRETTS OF WIMPOLE STREET" (M-G-M) UNITED ARTISTS— (1,700), 30c-40c-60c, 4th week, 7 davs. Gross: $10,000. (Average. $17,000) "MARIE GALANTE" (Fox) APOLLO— (1.400), 25c-35c-50c, 7 days. Gross: $9,000. (Average, $12,000) Week Ending Nov. 10: "WAKE UP AND DREAM" (Univ.) STATE- LA K E— (2,776. 20c-25c-35c, 7 days. Stage: Gypsy Nina; Harry Howarl & Co.; Harris and Shore; other acts. Gross: $15,000. (Average, $15,000) "Widow" in Omaha Gets Mild $8,900 Omaha, Nov. 13.— "The Merry Widow" went to $8,900 at the Para- mount last week. This is over par by $900, but doesn't compare with the showing made recently by "Dames." "Lady by Choice" and "I'll Fix It" hit $4,500, up by $1,000, at the Bran- deis. Another dual, "Peck's Bad Boy" and "Big Hearted Herbert," was good for $8,800, over the line by $1,300. Total first run business was $26,050. Average is $22,500. Estimated takings : Week Ending Nov. 7: "THE WORLD MOVES ON" (Fox) "365 NIGHTS IN HOLLYWOOD" (Fox) WORLD — k-,200) . 25c-40c, 7 days. Gross: $3,900. (Average. $3,500) "THE MERRY WIDOW" (M-G-M) PARAMOUNT— (2.800). 25c-40c, 7 davs. Gross: $8,900. (Average, $8,000) Week Ending Nov. 8: "LADY BY CHOICE" (Col.) "I'LL FIX IT" (Col.) BRANDEIS— (1,500), 25c-40c, 7 davs.. Gross: $4,500. (Average, $3,500) "PECK'S BAD BOY" (Fox) "BIG HEARTED HERBERT" (Warners) ORPHEUM— (3,000). 25c-40c. 7 davs. Gross: $8,800. (Average. $7,500) SMASHES RIALTO RECORDS 4f"i|iii'1||Siii!ll!!!lliihl!i;'!IIIP:!- "ii lM\\\r iyp®l!%««!l.lM t%^I* mSW HELD OVER FOR 2nd WEEK! .hi illilllli'lill:, lliill'fiililllH ,hi!!!IP!!l!i 'wii.Mli!11!;!^1 "' " Continuous S. R. 0. as Broadway reads critics' unprecedented praise New York Times: HV'l !i' |P "Mark 'The First World War' down as a mem- orable and infinitely important document which should be distributed in every civilized nation. If any motion picture is assured of enduring life, this is the one." '■'Win, .« •::„ N. Y. Daily News: "*k * * Vvk ! An amazing series of pictures. Stallings' work in editing and explaining makes them the most thrilling of their kind." N. Y. Evening Post: "Not only a splendid example of dramatic narrative; it is an historical document which deserves immortality. The episodes depict with singu- lar power the bitterness and devastation of the struggle." N. Y. American: "Impressive as a miracle, the Great War is waged again, and not a million history books can change the facts that confront us in this breathing, bloody massing of actual events. Laurence Stal- lings and Truman Talley merit decoration with a new order." ill1'' .i!;1 1 1 jjjliii! ililiS m EDITED BY LAURENCE STALLINGS Produced by Truman Talley (In association with Simon & Schuster) j!lii> lllliLJi iiii'ni IIS 11 " i: E llll linn ,!! " N. Y. Sun : "Not a picture to be casually seen and lightly forgotten. This is reality. No one who reads the newspapers, who wonders what is coming next should miss 'The First World War'." N. Y. Daily Mirror: "The greatest of war films. Don't miss it. War is pictured with all its pitiless horror, pictured with stirring detail." N. Y, Herald-Tribune: The most exciting, vitally dramatic and inescapably powerful war chronicle that the camera eye has yet recorded. The whole thing is little short of over- whelming in its power. N Y. Eve. Journal: "There is much more to this picture than a harrowing camera record of carnage. It is a searing reminder, a pictorial history of a world in which history repeats it- self. The picture will leave you emotionally limp. Seeing it is a terrific experience." N. y. World-Telegram: "Without hesitation, I offer you 'The First World War' as the most im- portant and powerful plea for peace the cinema has yet pro- duced. It is a stark, grim, biting plea. / o t b If fc J Ill 11 W ,!!! W " ,n,ii liililLJ.ii! 0j Smash Showmanship Campaign Thrills Broadway MOTION PICTURE DAILY Wednesday, November 14, 1934 j la. Group Sets Fund For Booking Fight Des Moines, la., Nov. 13. — Forma- tion of a $50,000 "war chest" to fight block booking in this territory was re- vealed today at a meeting of Allied Theatre Owners, Inc., at the Hotel Kirkwood here. The 175 independent exhibitors in attendance effected a re- organization of unaffiliated exhibitors to work out their difficulties in the subsequent run situation and in the buying of pictures. E. C. Ellsworth, Iowa Falls, was named president to succeed C. L. Niles, Anamosa. H. A. Larson, Oak- land, Neb., was elected vice-president. A secretary will be chosen at a meet- ing of the new board at Iowa Falls Nov. 22. New directors are : Charles Peterson, Hampton ; A. J. Swanton, Emmetsburg ; Wayne Dutton, Man- chester ; E. C. Potter, Newhampton. Harry Hiersteiner, Des Moines, heads the Allied group working on plans for better service to exhibitors. The board decided upon definite ac- tion to get a "square deal" from pro- ducers on releases. Resolutions were adopted favoring cleaner films. Ellsworth was named director of the organization's campaign to this end. Looking 9Em Over Mary Pickford Tops Ampa Talent Lineup Mary Pickford will head the list of guests at the Ampa luncheon tomor- row and Charles C. Petti john will be guest chairman. Others on the program are : Sir Gerald Campbell, British consul gen- eral; Clarence Brown, M-G-M direc- tor; Jack Pearl, Frank Buck, Jimmy Savo, Gregory Ratoff, Wee Willie Robine, Nick Lucas, Uncle Don, Major Edward Bowes, Benita Hume, Harry Hershfield, Paul Yawitz, Lil- lian Carmen, Buddy Walker, Elaine Jordon, Mack & Stanton, an act pro vided by Arthur Fisher and Roy Ford and his orchestra. Testimony Finished In Detroit Action Detroit, Nov. 13. — The taking of testimony in the case of Jacob Schrei- ber vs. Cohen Bros, and Co-Operative Booking was concluded today before Master of Chancery William Sayres in U. S. District Court here. The case now goes before Federal Judge Edward Moinet. It will be 30 days before a decision will be given out, it is believed. The litigation has been before the court the past 10 weeks. Schreiber is suing the booking com bine and the Cohens charging con spiracy to prevent him from buying product from Detroit exchanges for his Colonial Theatre. Mix Signed for Serial Hollywood, Nov. 13. — Tom Mix today was signed by Mascot to star in a 15-episode serial, tentatively called "Texas Ranger," which is slated to go into production around Dec. 1. In the cast will also be Mix's horse, Tony, 15 other trained horses and the cowboy troupe which has been traveling with his circus, which closes around Thanksgiving Day. The deal was opened between Mix and Nat Levine, head of Mascot, in La- redo, Tex., two weeks ago. "Wednesday's Child {Radio) "Wednesday's Child" depicts the effects on a young boy of a home disrupted by the divorce of his parents. It is adult fare because of the somewhat clinical nature of its subject, although there is nothing offen- sive in any of its situations nor in their handling. Karen Morley, as the mother, finds herself gradually estranged from her kindly but unromantic husband, Edward Arnold. Frankie Thomas, as their son, suffers the first anguish as a result of the situation when he, with playmates, accidentally witnesses an embrace between the mother and the man with whom she has fallen in love. The estrangement of the parents is climaxed during a quarrel, witnessed by the boy, in which Arnold strikes Miss Morley. The mother is granted the divorce when Short Subjects "How to Break 90 at Croquet" (Radio) Croquet, as it should and should i be played, is here demonstrated Robert Benchley, humorist, in his in- j imitable style. It was difficult tcj catch all of Benchley's monologue be What the Symbols Mean Reviews classified with a "G" are regarded as suitable for general entertainment. Those with an "A" are regarded as suitable for adult enter- tainment. the boy, placed on the witness stand, corroborates the mother's testimony despite the fact that his sympathies remain with his father. After the divorce, the child spends an unhappy nine months with the mother, now married again, anxiously awaiting the three months out of the year which the court has directed he is to spend with his father. At the reunion he learns that his father also plans to marry again. Emo- tional strain and disappointment cause the boy a physical collapse. On his recovery he is sent to a military school where, during a visit, the father accidentally learns of the child's emotional turmoil and abandons his plans for re-marriage in order to establish a home that will provide the stability for the boy's life that he has learned is necessary. The work of Frankie Thomas, as the son, is outstanding. Arnold also gives an understanding performance as the father. Other roles are capably filled. John Robertson's direction and Harold Wenstrom's pho- tography are pleasing. Production Code Seal No. 271. Running time, 68^2 minutes. Classi- fication: "A." "The Man of Courage" {Samuel Cummins- Jacques A. Koerpel) While this film tribute to Mussolini, a product of the Luce studios in Rome, seems heading for a boisterous reception from those of Italian blood, it is hardly likely it will stir the ordinary picture audience more than mildly. The film, shown in Italy under the title "Camicia Nera" ("Black Shirt"), tells a one-sided story of Fascism. With II Duce as the author and an Italian studio as the producer, nothing else could be expected. The production as a whole, however, is shot through with such en- thusiasm that even an American audience can be reasonably certain of showing some response to the fast succession of scenes detailing the birth and material achievements of Fascism. The film's primary handicap is that it wastes too much time in pre paring for the entrance of Mussolini on the European scene. The first half of it, almost wholly studio-made, relates the events that made the advent of Mussolini and his Black Shirts inevitable. It is not until this part of the film is done with that "The Man of Courage" becomes really exciting and dramatic. The last half, revealing Italy's progress under the guiding hand of Mussolini and showing the Premier in all his oratorical glory, is by far the best part. The fictional roles are taken by a cast of players whose names are of no importance here. Forzano directed. Where dubbing has not been resorted to, English titles have been employed to make it easy for Ameri can audiences to understand the film. No code seal. Running time, 95 minutes. Classification : "G." What Symbols Mean The "G" symbol indicates general entertainment. The "A" symbol indicates adult entertainment. cause the laughs in the projectioi room where this was seen were louc and long. This short should con vulse any audience. Code seal, No 325. Running time, 15 mins. Classifi cation : "G." "Vll Fix It" (Columbia) This is a well-knit, fast-moving story with both kid and adult appeal built around a political fixer (Jack Holt), whose affections are centered cn a young brother in grammar school. His fixing hits a snag when he tries to get Mona Barrie, a school teacher, to pass the young brother, Jimmy Butler, so he can play baseball. Intrigued by her defiance, he tries new tactics — flowers, presents, automobile rides — and begins to fall in love without realizing it. The situation reaches a climax when Miss Barrie discovers the boy cheat- (Continued on page 11) "The Dognapper" (Disney-U. A.) This latest Mickey Mouse creatioi from the pen of Walt Disney hit ; new high spot of hilarity if the laugh that poured out from the audienc present when this was seen may b taken as a criterion. Mickey and Donald Duck, motor cycle policemen, solve the dog-napping of a little pekinese and arrest the cul prit with the aid of a buzzsaw in ai! abandoned saw mill. The buzzsaw having become dislodged from its axk runs wild and chases Mickey and af the other characters about for severa minutes, creating gales of laughter ir the audience. Production code seal No. 391. Running time, 8 min? Classification: "G." "The Great Experiment' {Columbia) A Scrappy Cartoon and swell en tertainment. Scrappy finds himself i: the clutches of a crazed inventor o a "perpetual youth serum." After be ing subjected to an injection of th . fluid, he finds himself living in 199C His adventures are rib-tickling. Rei viewed without production code sea! Running time, 5 mins. Classifica tion : "G." "Zion-Canyon of Color' (FitzPatrick-M-G-M) A FitzPatrick Traveltalk with ex ceptional shots of nature done in Tech nicolor. Zion Canyon in Utah is th subject, with all its various colon highways and its tourist inn. It shoul< interest. No code seal. Running time 6 mins. Classification: "G." Monogram Sales 81 Over '33 — Johnstor Hollywood, Nov. 13. — Monogran sales on the new season's product ar running 81 per cent ahead of last }rear W. Ray Johnston, president of th company, who leaves the coast Thur> day, said today. "From present indication," he as j serted, "we will add 1500 new the atres to our customers' list this sea son. One thousand and eighty-fiv new accounts have already been addec for this season's program." Johnston declared that 16 of th' company's 28 releases scheduled fo the new season have been completed Wednesday, November 14, 1934 MOTION PICTURE DAILY \ns idersf Outlook (Continued from page 2) fined London, September 23, on ("Evensong" Offers vocal fireworks, remin- iscent in material and quality of One Xight of Love" . . . unusual >etting of a story tragic in theme i and climax . . . stressing senti- mental and comedy values. . . . Starts like a fairy story . . . de- velops into a study of disillusion- ment. . . . The ending is not of the kind fans like best . . . however, if . . . happy . . . would have been . . . less effective. . . . G. B. screened this picture yes- terday at the Westminster. To London's comment might be added this : Evelyn Laye is excellent . . . beautiful to look at . . . compe- tent in light and heavier sequences alike . . . and in fine voice as well. . . . Fritz Kortner as the impresario impresses . . . and reg- isters heavily. . . . The picture has a nostalgic flavor ... a charm of unmistakable stamp . . . and does credit to its producing com- pany and to its director, Victor Saville. . . . Merian C. Cooper, talking in Hollywood and making the press association wires, predicts all pic- tures five years from date will be produced in color ; also, that it is quite probable half of them will blush in natural hue three years from this fall of 1934. Explana- tion : Cooper is being backed by "Jock" Whitney on a series of color features. Whitney owns large blocks of stock in Techni- color. . . . Barney Balaban con- fers often and assiduously with Sam Dembow these days. . . . Now it's Edward J. Flynn, sec- retary of state of New York, who is supposed to take over Will Hays' job. Is that the best Hearst's New York Evening Journal can do? The same story, same paper, would have Flynn considering a post as legal head of RKO. That wouldn't be so remote, for Flynn and Mike Meehan, dominant factor in K-A-O, are extremely good friends. . . . T Charlie Chaplin, up at Arrow- head and away from production travail, saw an eagle one night recently. That influenced him to grab a pencil, write a poem with one hand and telephone Rob Wagner, editor of Script with the other. While Charlie may do little about the state of mone- tary contentment which might be the exhibitor's if he made pic- tures more often and more regu- larly, some theatre operators may find partial solace in the range of Chaplin's artistic flight. Here goes : Beneath an oak Beside a lake Through shimmering lace I see a moon. Looking 'Em Over (Continued from page 10) ing. He denies it. Holt, angered, has her fired. The resulting public protest leads to an investigation of school site purchases and contracts. At the crucial moment she refuses to testify against him and makes it appear as though he had purchased a school site tract to give to the city as a playground. He does. The boy confesses he has cheated and all is forgiven. It is much more effective than it sounds, and some good hefty laughs are contributed by Winnie Lightner as Miss Barrie's roommate and by Edward Brophy as Holt's stooge. Roy William Neill's direction is sure- handed and with hardly a trace of hokum. Good family entertainment. Production code seal No. 260. Running time, 67 minutes. Classifica- tion : "G." "Big Hearted Herbert," Monday night's opener at the Mayfair, was review- ed by wire from Hollyivood Aug. 13. "The Firebird," tonight's opener at the Strand, was covered from the coast Oct. 6. "The Gov Divorcee," tomorrow's opener at the Music Hail, was reviewed by icire from Hollyivood Oct. 3. 24. e J rum nuuycvuuu ksii. Evensong," Friday's opener at the Roxy, was reviezved from London Sept. And silver notes Of mirrored stars Trill upon a resonant pool. The distant rhythmic mountain ranges Symphonize an unknown theme, Man's destination — Why and Where Eternal Truth The Real ; the Dream. Across the sky An eagle high Conducts the silent symphony. K A N N ITOA Move to Join Allied Is Up Again (Continued from page 1) gested by a number of I. T. O. A. members at the last meeting which was not attended by Harry Brandt, president, then ill with the grippe. Yesterday, Brandt admitted hearing something about the plan and said : "There is no national exhibitor or- ganization and that holds for both the M. P. T. O. A. and Allied. After having intimate contact with both groups, I can frankly say this." Samuelson Fails to Discuss Law Plans (Continued from page 1) that a two-day eastern regional ses- sion of directors will be held in Balti- more starting Monday. Walter B. Littlefield is slated to wield the gavel and about a handful of New7 Jersey men are expected to attend. Para. May Hold Royal Kansas City, Nov. 13. — Paramount may renew the lease on the Royal, downtown house, when it expires in the next few days. If a new lease is taken, the circuit will probably reopen the theatre, closed since last spring, but plans are indefinite. The expiring lease was for 10 years, it is under- stood. The Royal, seating 800, is one of two remaining Paramount theatres in this territory. See Further Delay On Para. Bank Suit (Continued from page 1) credit transaction of 1932, on which the suit is based, has been attempted by counsel for the trustees but consis- tently overcome to date by counsel for the bank group. The latter has pointed out that an agreement has been reached between the banks and the reorganization principals which settles the banks' claim against Paramount airising out of the 1932 transaction. The agreement, however, is to be a part of the Paramount reorganization plan and, hence, cannot be made effec- tive until the plan itself has been com- pleted. Earliest forecasts place com- pletion of the reorganization plan about Dec. 1. Bans Theatre Near School in Brooklyn License Commissioner Paul Moss has refused to permit construction of a Trans Lux theatre on a site adjoin- ing Erasmus Hall High School, Brooklyn. This is the first decision of its kind in the city. The original complaint was lodged by the principal who claimed that a theatre so near would tend to distract the students. Commissioner Moss said he ex- pects the decision would be appealed and that the final court decision would have far-reaching importance. The application to construct the theatre was approved in 1926. Klein to Attend Meet Hollywood, Nov. 13. — Julian Klein, former new-spaperman and now an aide to Carl Laemmle at Universal will be a delegate to the Press Congress of the World at Melbourne March 27-30. He was named by Dean Frank L. Martin of the University of Mis- souri School of Journalism. Buck Planning New Trip Hollywood, Nov. 13. — Frank Buck is making preparations for another African expedition. The picture will be released through Paramount. Four Features, 12 Shorts Given Seals (Continued from page 1) M-G-M, three shorts each, and Fox, one short. Titles of the pictures clearing are: Celebrity (Shorts) "The Valiant Tailor." Columbia (Shorts) "Among the Cocoons," "Perfectly Mis- mated" and "Goofy Gondola." Fox (Shorts) "Two Lame Ducks." M-G-M (Shorts) „ "Buried Loot," "Zion Canyon" and Ireland, the Emerald Isle." Radio (Features) "Kara, the Sea Girl." (Shorts) "Horseheir." Universal (Shorts) '"Henry's Social Splash" and "Spring In the Park." (Serials) "Tailspin Tommy." Nos. 8, 9 and 11. Warners (Features) "Murder in the Clouds," "Maybe It's Love" and "Concealment." (Shorts) "Buddy's Adventures." Ludington Is Head Of First Div. Prod. (Continued from page 1) facilities. In the meantime stories, casts and directors are to be lined up. Headquarters are to be maintained in Hollywood and the New York offices are to be enlarged by taking ad- ditional space on the 23rd floor of the RKO Building in Rockefeller Center with the new offices connected with those of First Division Exchanges. MPTO in Washington Reelects Brylawski (Continued from page 1) William Cleveland, Nathan Stiefel, John J. Payette and Louis Bernheimer. Lust was also named organization representative to national meetings. The question of labeling films for adult and family appeal was taker, up, but was tabled without action. Jules Levy on Coast Los Angeles, Nov. 13.— Jules Levy, vice-president and general sales man- ager of RKO Distributing Corp., has arrived here on his tour of exchanges. He will be in town 10 days for con- ferences with J. P. McDonough, B. B. Kahane and other studio executives. He will also hold a series of talks with Harry Cohen, western district manager, and N. P. Jacobs, branch manager. Boston, Nov. 13.— E. L. McEvoy, eastern district manager of RKO Dis- tributing Corp., is here for conferences with Ross Cropper of the local ex- change. "White Parade" Is Held "White Parade" is being held over at the Paramount and will be suc- ceeded by "Limehouse Blues." "Col- lege Rhythm" goes in Nov. 24 for two weeks, following which it is ex- pected vaudeville will be back again „ won* to sP°tt Y° ,d O-^f Me-crossea. ^ fhe bC s we're *uPP°tlw«* 0t,Y' on ot „u ask *»•• •« °PP " crUWet- « *"» •lSo't «»orte The Leading Motior Picture Industry MOTION PICTURE DAILY Alert, Intelligent the I in All Branches OL. 36. NO. 116 NEW YORK, THURSDAY, NOVEMBER 15, 1934 TEN CENTS )etails Set [Kansas City's Premium Move Starts Appeal For "Time's" Dramatic Reel 'irst Division to Act As the Distributor Practically all of the details have sen settled for production and dis- ■ibution of a new "dramatized" news- ;el to be issued in two-reel form very other week with the backing of ime magazine and distributed through 'irst Division Exchanges. Formal an- ouncement of the completion of the eal probably will be made this week. The bi-monthly release will be for ie 1934-35 season, and the intention ; to make it a weekly release next ear with two weekly issues later. It is understood that the deal be- iveen Time and First Division was forked out through suggestions of the lurtis-Fiske-Ludington group which (.Continued on page 12) Jndies Here Object To Late Conventions Local independents are squawking ver delays in releasing new product, ihich they claim is due to late con- entions of distributors. Exhibitors declare that major com- anies should hold annual sales talks n May or June so that circuit deals an be closed earlier in the year. In- ependent deals follow the circuits and he same procedure is applicable to laydates. Because of the tardiness in sales onvention, exhibitors hold that in (Continued on page 2) Comerford Looms in New Administration Scranton, Nov. 14. — M. E. Comer - ord is likely to figure prominently as i dispenser of state patronage in -ackawanna County when George Earle becomes governor in Pennsyl .•ania next January. "Mr. Comerford, if he so desires," The Scranton Republican reports 'can have a whole lot to say on who jets the jobs in Lackawanna County." Warner, Sears and Smith Go to Coast Albert L. Warner, accompanied by Gradwell Sears and A. W. Smith, Jr., leaves for the coast today for produc- tion conferences with Jack L. Warner and other production heads. Arrangements will be made for the release of the six features which the (Continued on page 2) McCarthy Seeking Campi Ruling on Shift Kansas City, Nov. 14. — Insisting that the local premium ban is in effect regardless of the grievance board's action in lifting it, L. J. Mc- Carthy, Fox Midwest district man- ager, late this week will file a brief with Campi appealing the board's dis- missal of three premium complaints. At the same time, Fox Midwest is proceeding with a fourth complaint, against the State Theatre, alleging vi- olation of the premium ban. This will be heard Nov. 21. Members of the grievance board which imposed the ban last July are disturbed over the action of the new (Continued on page 12) Authority Envoys Hold No Set Views Although they attended Campi dis- cussions on the Kansas City clearance and zoning schedule, George J. Schaefer and Edward Golden left last night for Kansas City with "an open mind" to discuss the plan with the local board and exhibitors. The code men were accompanied by Tyree Dillard, Jr., of Campi's legal staff, who (Continued on page 12) ITOA Men Critical Of Code's Effects Members of the I.T.O.A. yesterday discussed the code and its effects on independent exhibitors. Several men (Continued on page 12) Need 60% Vote Hollywood, Nov. 14.— A 60 per cent vote of its member- ship is required by the Screen Actors' Guild before the organization can deter- mine to affiliate with the As- sociated Actors and Artistes of America, as voted in New York on Tuesday. No date for a meeting has been set. In the meantime, the studi- os express unconcern until they learn definitely what the guild's moves are. Richards and Para. Agree on Circuit Agreements on E. V. Richards' par- ticipating interest in the reorganized Saenger Theatres Co. were reached yesterday, clearing the way for a quick reorganization of the circuit. Counsel for Paramount Publix trustees are now engaged in revising the Saenger reorganization plan to include terms of the agreement. This (Continued on page 12) Para. Trustee Bank Suit Delayed Again Hearing of the Paramount Publix trustees' preliminary motion in the suit against the $13,200,000 creditor bank group, scheduled for yesterday before Federal Judge Alfred C. Coxe, was postponed to Nov. 21. A settlement of the banks' claims against Paramount Publix has been (Continued on page 12) Kutisker to Manage Bolognino's Houses Morris Kutisker, who operates the Inwood, Forest Hills, and Community, Queens Village, L. I., has joined Trio- Consolidated in charge of Laurence (Continued on page 2) Ramsaye Finds N. Y. Press Aiding Soviet Propaganda Soviet propaganda in the United States is being aided and abetted by New York press acclaim of "Three Songs About Lenin," latest Russian picture to reach these shores and now running at the Cameo, Terry Ram- saye, editor of Motion Picture Herald, will declare in the current issue of his paper, out today. He points out that the American screen "already burdened quite with its own sins and faced with endless problems of political regulation, taxa- tion and general bedevilment by axe- grinders of all sorts, now unwittingly adds entanglement in the web of propa- ganda woven in Moscow in the cause of chaos and the Third Internationale." Ramsaye centers his attack on the picture and two of its staunch critical supporters, Andre Sennwald of the (Continued on page 9) Tri-Ergon in New Move for Para. Action Seeks Judge Coxe's Help In Suing Trustees American Tri-Ergon moved yester- day to obtain authorization to sue the Paramount Publix trustees in the U. S. District Court here following the refusal last week of Judge Mar- cus B. Campbell in Brooklyn Federal Court to permit that procedure there. Tri-Ergon's petition for leave to make the Paramount trustees, Charles D. Hilles, Eugene W. Leake and Charles E. Richardson, defendants in actions for injunctions and account- ings in the patent infringement liti- gation was brought before Federal Judg* William Bondy here yesterday and referred by him to Federal Judge Alfred C. Coxe, who has jurisdiction (Continued on pape 9) Price Fixing Issue Up in Texas Court Dallas, Nov. 14. — Suits to end price fixing by contract have been filed by R. Z. Glass, neighborhood exhibi- tor, against the Hoblitzelle-Paramount circuit in 14th District Court here. An injunction is sought. Judge W. N. Taylor has set Dec. 1 for a hearing. Glass says he is suing for the bene- fit of himself and all other Texas ex- hibitors similarly situated. Pat Rossell, Glass' attorney, says (Continued on page 12) Roxy Completes Deal To Manage Mast baum Philadelphia, Nov. 14. — S. L. (Roxy) Rothafel has closed his deal with Warners to take over personal management of the Mastbaum on Christmas day. The deal is between the Roxy Philadelphia Corp. and the Warner circuit. Philadelphia, Nov. 14. — Local papers tomorrow will release the story on Roxy's deal with Warners to oper- ate the Mastbaum. Details of the deal are being arranged in" New York. Bernerd Will Make Headquarters Here By BRUCE ALLAN London, Nov. 14 {By Cable) — When Jeffrey Bernerd sails again for New York on Nov. 21, he will leave (Continued on page 9) MOTION PICTURE DAILY Thursday, November 15, 1934 MOTION PICTURE DAILY (Registered U. S. Patent Office) Vol. 36 November IS, 1934 No. 116 Martin Quigley Editor-in-Chief and Publish MAURICE KANN Editor JAMES A. CRON Advertising Manager m Published daily except Sunday, and holi- days by Motion Picture Daily, Inc., sub- sidiary of Quigley Publications, Inc., Martin Quigley, President; Colvin Brown. Vice-President and Treasurer. Publication Office: 1790 Broadway, New York. Telephone Circle 7-3100. Cable ad- dress "Quigpubco, New York." All con- tents copyrighted 1934 by Motion Picture Daily, Inc. Address all correspondence to the New York Office. Other Ouigley pub- lications: MOTION PICTURE" HERALD, BETTER THEATRES, THE MOTION PICTURE ALMANAC and THE CHI- CAGOAN. Hollywood Bureau: Postal Union Life Building, Vine and Yucca Streets, Victor M. Shapiro, Manager; Chicago Bureau: 407 South Dearborn Street, Edwin S. Clif- ford, Manager; London Bureau: Remo House, 310 Regent St., London, W. 1, Bruce Allan, Representative. Cable address: "Quigpubco, London"; Berlin Bureau: Berlin - Tempelhof , Kaiserin - Augustastrasse 28, Joachim K. Rutenberg , Representative; Paris Bureau: 19, Rue de la Cour-des- Noues, Pierre Autre, Representative; Rome Bureau: Male Gorizia, Vittorio Malpassuti, Representative; Sydney Bureau: 102 Sus- sex Street, Cliff Holt, Representative; Mex- ico City Bureau: Apartado 269, James Lockhart, Representative; Glasgow Bureau: 86 Dundrennan Road, G. Holmes, Repre- sentative; Budapest Bureau: 3, Kaplar-u. Budapest, II, Endrc Hevesi, Representa- tive; Moscow Bureau: Civtzev Yrazhek. N. 25, Apart. 146, Moscow, U. S. S. R.. Bella Kashin, Representative. Cable ad- dress: "Samrod, Moscow." Entered as second class matter, Januarv 4, 1926, at the Post Office at New York City, N. Y., under Act of March 3, 1879. Subscription rates per year: $6 in the Americas, except Canada $15 and foreign $12. Single copies: 10 cents. Kutisker to Manage Bolognino's Houses {Continued from page 1) Bolognino's 18 houses. Kutisker will retain his two Long Island houses. First important job he is handling is the Kingsbridge which is being renovated and a new Neon sign marquee installed. Steve Perutz, formerly of Paramount, Fox West Coast and last at the RKO, Richmond Hill, is new manager at the Kings- bridge. Admissions have been re- duced for all performances except Sunday evening. After making a tour of all houses under his supervision, Kutisker will call a managers' meeting. Trio Closes with M-G-M Trio-Consolidated has closed with M-G-M for the entire lineup in about 70 Greater New York theatres. Trio- Consolidated includes 18 of Laurence Bolognino's houses and the balance Springer & Cocalis. IEPA to Hold Party Philadelphia, Nov. 14. — Members of the I. E. P. A. will hold a Thanks- giving dinner and dance at the Belle- vue-Stratford, Sunday, Nov. 25. Loew Unit in Missouri St. Louis, Nov. 14.— Loew's Day- ton Theatre Co. has been admitted to do business in Missouri. South Is Improving, Says Howard Waugh "Conditions are pretty good in the South," Howard Waugh, Warner zone manager in Memphis, stated yesterday prior to his departure for home after attending home office meetings. "The South is always the first to pick up because of the cotton and tobacco rields," he added. Waugh is in charge of 14 theatres in Kentucky and Tennessee. He said there is no move by exhibitors in his towns to letter pictures, but the Commercial Appeal has been classify- ing them for the last four years. Warner, Sears and Smith Go to Coast (Continued from page 1) company has already completed or will have by this week. These pictures are : "Bordertown," "Sweet Adeline," "Sweet Music," "Devil Dogs of the Air," "Gold Diggers of 1935" and "The Right to Live." Conferences will also be held with Cosmopolitan heads on the first Marion Davies vehicle to be made un- der the new Warner-Cosmopolitan affiliation which goes into effect Jan. 1. Warners' Managers Close Two-Day Meet Winding up a two-day meeting of zone managers, Joseph Bernhard and home office executives held individual meetings with the district men tor discussions of local problems. All zone heads left for their terri- tories yesterday. During the first day's session, general policies were dis- cussed. Blumenthal on Fox Met. Harold Blumenthal is now advisor to N. David Thompson, Irving Trust representative at Fox Metropolitan Playhouses. Irving Trust is receiver for the circuit. Blumenthal is doing the work formerly handled by Simon Fabian, who resigned several months ago when he took over the Fox, Brooklyn. Canadians to Hold Dance Toronto, Nov. 14. — The annual ball of the distributors and exhibitors at the Royal York Hotel will be held Friday under the auspices of a com- mittee headed by Oscar R. Hanson. Ohio ITO Contacting All New Legislators Columbus, Nov. 14. — Anticipating the possibility of the pending sales tax not being definitely settled during the special session of the General As- sembly which Governor Wrhite is ex- pected to call next week, the Ohio I. f. O. is beginning to contact the 89 out of 135 new representatives, and 18 out of 32 new senators who will be inducted into the Ohio legislature Jan. 1. Congratulatory letters have been written the new incumbents by the exhibitor unit, and the organization is urging its members personally to con gratulate the incoming solons, and otherwise cultivate their acquaintance Although the special legislative ses- sion is scheduled for Nov. 19, no of- ficial announcement has yet been made that this will be called. Sales Tax Urged by Wisconsin Chamber Milwaukee, Nov. 14. — The Wis- consin State Chamber of Commerce, in a report to the interim committee on taxation of the Wisconsin legislature recommends a retail sales tax of three per cent as a substitute for the state income tax. There is every indication that a sales tax bill will be introduced into the 1935 Wisconsin legislature, but whether or not it will survive passage remains to be seen. Indies Here Object To Late Conventions (Continued from page 1) September, October and November, the three best months of the year, they are forced to play re-issues and lose a lot of business which goes to the circuits. The contention is that inde- pendents cannot get product during these months because they have not completed new product deals and thus have to resort to re-issues. Circuits, meanwhile, have closed their deals and are playing new releases which follow into the smaller houses several months later. Brown Leaves Tomorrow Clarence Brown, who recently signed a new three-year M-G-M directorial contract, leaves for the coast tomorrow. His original plans were to leave yesterday by plane since his contract becomes effective today. Consolidated Pfd. Up Half on Big Board High Low Close Columbia Pictures, vtc 37% 37 37 Consolidated Film Industries 3% 3 3% Consolidated Film Industries, pfd 16J^ 1554 16% Eastman Kodak 110% 110 110% Fox Film "A" 13% 13 13% Loew's, Inc 31 30 30% Paramount Publix 4% 4 4 Pathe Exchange 1% 1% 1% RKO 14% 13% 14% Warner Bros 4% 4% 4% Net Change + % + % + % — % + % +1% - % Technicolor Loses Eighth on Curb Hig"h Low Close Technicolor 12% 12% 12% Trans Lux 2 2 2 Net Change Warner Bonds Drop Half Point High Low Close General Theatre Equipment 6s '40 6% 6!4 6% General Theatre Equipment 6s '40, ctf 6% 6% 6% Keith B. F. 6s '46 63% 63% 63% Loew's 6s '41. ww deb rights 104 104 104 Paramount Broadway 5%s 'SI 4054 4054 40% Paramount F. L. 6s '47 V. 57 56% 57 Paramount Publix 554s '50.., 57% 57 57% Pathe 7s '37, ww •" 99 99 99 Warner Bros. 6s '39, wd„. ..,...,.:,.„.,. .[.. '. '. '. '. 58% 58% 58% Net Change + 54 -54 - % Sales 200 500 1.800 1.000 1.400 3.400 1,700 300 3.400 3.600 Sales 500 100 Sales 3 1 2 3 1 1 5 1 1 < Purely Personal ► SAM WEINER of the Warner- home office is the proud father o:" a seven and a half pound boy. Mother and son are doing well at St. Claire'v hospital. Al Alt, producer of Altmont Pic- tures, has left for the coast after con- ferences here with Dave Mountan of Spectrum Pictures. Tom Howard starts work on his new series for Educational today. He plans to spend his time between pic- tures in Florida. Arthur Brisbane today will pre- sent to Mary Pickford a scroll ex- tending to her honorary membership in the AMPA. David E. W'eshner, Warner zone manager in Milwaukee, left yesterday to return to his post after home office conferences. Jesse L. Lasky, Jr., and Gladys Unger ^ have sold their play, "Private Beach," now running in Los Angeles, to Fox. Herb Williams, now appearing in "The Farmer Takes a Wife," starts work on a Yitaphone short tomorrow. George Kelly's stage play, "The Torch Bearers," has been purchased by Fox. B. G. DeSylva will produce. Ralph Clark, Wrarner Australian- New Zealand head, is in town until after the first of the year. Annie Fellows Johnston's "The Little Colonel" has been acquired by Fox for Shirley Temple. Corinne Griffith, making her first trip here in several years, is at the Lombardy. Ricardo Cortez flew in from the coast yesterday. Annual Mass Saturday The annual requiem mass in memory of the deceased members qf the Cath- olic Actors' Guild will be sung Satur- day at 10 A, M, in the Actors' Chape! of St. Malachy's Church. Rev. E. F. Leonard, chaplain of the Guild, will celebrate the mass. Roxy Booked to Jan, U If the Roxy books any Fox pictures they will have to be dated after Jan. 15. The house is booked solid until that date. However, the Rialto may spht with the Mayfair on Fqx films not slated for the Music Hajl, Bernstein Expands c h0XmZ' Nov' R .enin" is another effort of the Soviet ) "make a forum of the American :reen," the editor of the Herald re- minds that the American screen for ne four decades of its building, "held self especially in the entertainment srvice of the whole people and free f all or any manner of special plead- ag." Likened to "Soap Box Speech" Furthermore, Ramsaye finds himself l total disagreement with published ewspaper comment which held the icture about Lenin to be representa- ive of a new technique. "This pic- ure," he asserts at one point, "in its rimitive emotional content and inept lessages of state has the precise qual- y of a soap box speech in Union ■quare. In cinematographic quality, it oes not compare favorably with over- ight assemblage of topical film made i the newsreel editing offices in New fork." If Sennwald's review in the Times > correct in describing the picture as lazing "a trail into the infinity," tamsaye wonders how it came about hat the Times failed to run the com- ient on the first page. "The Times > a fancier of discoveries," he states arcastically, "and it would seem that he sizable progress into the territory f anybody's infinity would rate as lews fairly high even alongside 'Little America' and the frosty chirps of Commander Byrd." Criticizes Watts' Article Castigating Watts' comment in the ierald-T ribune , Ramsaye also refers o an article by the former in the November issue of New Theatre, or- tan of the League of Workers' The- itres. In that article Watts charges hat the "most frank and vicious anti- adical propaganda I have found in he films for several years was in a ■ox picture called 'I Believed in You'." Ramsaye disposes of that allegation vith this: "Just fancy Mr. Watts spending several years' looking for 'frank and [icious anti-radical propaganda' and inally coming up with the perfect pecimen like that! "But Mr. Watts," continues Ram- aye, "is sure that he sees 'shifting ityles' in the treatment of the Soviet Jnion and that the producers of Hol- ywood are making desperate but in- :ffectual efforts to keep pace with what they see as popular sentiment in he matter.' "Mr. Watts is so generous as to )bserve to the readers of the New Theatre that he feels that, while the California producers are 'heartily if iometimes furtively on the side of the Looking 'Em Over (Continued from page 8) banker and head of a band of crooks, has ridden over a cliff into a lake. Chico, Cody's horse, does some spectacular stunts. Young Bill Cody, Jr., pulls some good comedy stunts that ought to increase the juvenile appeal of the film. The photography is splendid. Direction was by Bob Hill. Previewed without production code seal. Running time, 61 minutes. Classification: "G." "Fugitive Road (Chesterfield) Invincible has produced in "Fugitive Road" entertainment that is interesting chiefly for its atmospheric treatment. The characters are true to type and the backgrounds add to the realism of the story. The setting is an Austrian military post on the Austro-Italian frontier. The commandant is Erich Von Stroheim, who has felt the lack of feminine companionship in the eight months he has been there. The arrival of Wera Engels, a Russian girl on her way to America, is wel- comed. He pretends her passport is false in order to detain her. The girl allows him to make love in the hope he will relent and permit her to proceed. During her detainment Miss Engels meets Leslie Fenton, an Ameri- can gangster being held as a fugitive from justice. Fenton shatters Von Stroheim's love plans by forcing the commandant at pistol point to have a marriage arranged between Miss Engels and himself. His purpose is to extend to the girl the protection of his American citizen- ship. When Fenton finds Miss Engels has fallen for him he is consid- erably disturbed. But before the final fadeout the two are mutually in love. In the end Von Stroheim turns noble and fixes things so the couple can go on. The scenes between Miss Engels and Von Stroheim carry too much of a suggestion of attempted seduction to rate this as family entertain- ment. Hank Mann, George Humbert and Ferdinand Schumann-Heink are also in the cast. Frank Strayer directed. No code seal. Running time, 66 minutes. Classification: "A." "The Blue Danube" (Mundits Pictures) A slight but pleasing production, charming in its musical content and photographic accomplishment. The simplicity of its story is enhanced by restrained performances by the principles, Joseph Schildkraut, Dorothy Bouchier, Brigitte Helm and Desmond Jeans, and the dis- criminating direction of Herbert Wilcox. It serves as a proper setting for the music of Alfred Rode and his Royal Tzigane Orchestra, which is really the feature of the production and its reason for being. Members of the orchestra are described as Tzigane gypsies, formerly of the Austrian and Hungarian forest lands. The story is that of Sandor and Yutka, gypsy lovers, played by Schildkraut and Miss Bouchier, who are estranged when Sandor keeps a tryst with Miss Helm, a countess in whose home the gypsy orchestra has played. Yutka, the gypsy girl, aware of her lover's faithlessness, deserts the gypsy tribe. Sandor goes in search of her and, in time, finds her married to a wealthy man. He re-wins her and they plan to return together to the tribe. On the night of their planned departure Yutka witnesses an accidental meeting between Sandor and Miss Helm and, believing them still to be in love, returns to her home with her husband. Sandor goes back to the tribe alone. "The Blue Danube" should please music lovers and class audiences. Production code seal, No. 080. Running time, 48 minutes. Classifica- tion: "G." "Redhead," which opens at the Criterion this morning, was reviewed on Sept. 18. established order,' it is because of in- stinct rather than of 'intellectual malice.' " While the Herald's editor finds him- self emphatically at odds with Senn- wald and Watts and, therefore, their newspapers, he remarks Eileen Creel- man, critic of the New York Sun, was able to sit through "Three Songs About Lenin" without "incurring spasms." He concludes with a dig at the Soviet theory of government and plays with the thought that perhaps Senn- wald and Watts will be decorated by Moscow for their services. Court Holds Cincy Case Columbus, Nov. 14. — U. S. District Judge Benson W. Hough has under advisement an action brought by the Provident Savings Bank & Trust Co. of Cincinnati to set aside the appoint- ment of Ben L. Heidingsfeld as re- ceiver of the Shubert and Cox theatres at Cincinnati. Fraud is charged. Tri-Ergon in New Move for Para. Action (Continued from page 1) over Paramount's reorganization pro- ceedings. Judge Coxe two weeks ago granted leave to Tri-Ergon to continue its patent infringement litigations against Paramount Publix by lifting the Fed- eral injunction which restrains cred- itors from continuing or bringng new suits against a debtor corporation. Successful prosecution by Tri-Ergon of litigation against Paramount Pub- lix, however, would not have the effect of binding the Paramount trus- tees, whose jurisdiction extends over active Paramount subsidiaries. In the event Judge Coxe authorizes Tri-Ergon to proceed against the trustees it is considered unlikely that any action along these lines would be taken prior to the pending Supreme Court review of the validity of the Tri-Ergon patents. The patents com- pany merely would be placed in a position where it could institute im- mediate actions against the trustees in the event of a Supreme Court de- cision favorable to it. Tri-Ergon sought to include the trustees in its litigation in the prepara- tion of a mandate for Judge Camp- bell's signature in Brooklyn about 10 days ago. Charles Neave, represent- ing Paramount, objected to this phase of the mandate and was later up- held by Judge Campbell who ruled that the broad jurisdictional powers over Paramount held by Judge Coxe properly gave to the latter the right to rule on this point. Judge Coxe is expected to render a decision within the next few days. Bernerd Will Make Headquarters Here (Continued from page 1) British shores for a year. Instead of visiting the States, he will go into reverse and visit London under the arrangement which transplants his activities to America on behalf of Gaumont British. The company continues to express its satisfaction over the progress re- ported to date on American activities. Its executives already have seen "The Iron Duke" and admit readily it's a picture. The Music Hall in New York will get it first run, it is declared here. MPTO to Open Rooms Philadelphia, Nov. 14. — The M. P. T. O. of Eastern Pennsylvania, South- ern New Jersey and Delaware will dedicate its new headquarters, on the second floor of the northeast corner of 13th and Vine Sts. on Nov. 23. The new offices will provide space for board meetings and small gatherings. The large open meetings will probably still be held at one of the local hotels. The dedicatory luncheon will be at the Hotel Adelphia. Sunday Vaude Stopped Albany, Nov. 14. — Sunday vaude- ville has been stopped at Har- manus Bleecker Hall after a warning from the police that it is against the law. mi mendoUs won, 7 ° tre" Tollowmgi BABy Trou CARL AS ONE OF THE cmY 1 4 Op ^resented by AEMMLE /ORLD'S FINEST! MOTION PICTURE DAILY 12 Kansas City's Premium Move Starts Appeal {Continued from page 1) personnel which ruled the declara- tion under which the ban was made effective carried less than the required 75 per cent vote of unaffiliated ex- hibitors. The first board accepted the declaration as containing more than the required number of signatures. The reason for the difference of opin- ion is ascribed to the fact that each board had an entirely different per- sonnel. Members of the original grievance board declare the body which heard the cases exceeded its authority in reversing the first decision, that it thus set itself up as an appeal board and that only Campi could reverse the original action. They also impeach the procedure in conducting the hearing, charging the cases were not heard completely and the respondent exhibitors were not given an opportunity to say whether or not they were guilty. An attorney representing a group of exhibitors using premiums and premium distrib- utors did all the talking for the re- spondents. Authority Envoys Hold No Set Views (Continued from page 1) will advise on the legality of recom- mendations made. First session of a two-day meeting in Kansas City will be held tomorrow. Both code board members are sanguine that they will return with something that they can present to Campi on Nov. 22 as the first clearance and zoning plan that should be adopted. It is regarded as certain that if the code men and Kansas City exhibitors and distributors agree on principles of the plan it will be passed upon favor- ably by Code Authority. Principal obstacle to the schedule is the setting of clearances based on ad- missions. According to code men, factors other than admissions must be taken into consideration. There is the cost of the film, the type of house, seating capacity, distance between runs and policies which are regarded as vital issues, it is said. To Be Open to Suggestions However, the Campi men are leav- ing with a cooperative spirit, they say, and will be open to suggestions as well as ready to give them when they meet Kansas City's code board. Schaefer, Golden and Dillard, Jr., will return Monday and will present their findings to Code Authority the fol- lowing Thursday. As soon as Campi disposes of the Kansas City clearance and zoning, appeal hearings on the following schedules will be set: Atlanta, Jack- sonville, Birmingham, Cleveland, New Haven (revised), Hartford, Bridge- port, Memphis, New Orleans and Dallas. It is expected that Code Authority will adopt the Kansas City plan fol- lowing the return of Schaefer and Golden, who tomorrow start two-day conferences with the lo- cal exhibitor groups. When this schedule is settled, the basic ideas to be followed will be outlined in the new schedules to be heard on appeal. Already appealed are the Los An- geles, Cincinnati, Columbus, Dayton, tfuttalo, Indianapolis, San .Francisco, San Jose, Detroit, Portland, Seattle and rrovo, Utah, schedules. Campi Group Eagerly Awaited Kansas City, Mo., Nov. 14. — The industry here today was awaiting eagerly the arrival of George J. Schae- fer, Edward Golden and Tyree Dillard, Jr. On John C. Llinn's instructions the local code secretary has mapped out a program including a meeting with the clearance board at 10 A. M. Friday at the local Variety Club in the Muehlebach Hotel, followed by a mass meeting of all exhibitors of this city and Kansas City, Kan., at 2 :.30 in the afternoon. Bolognino Loses to Loew on Clearance Laurence Bolognino has lost his complaint against Loew's Victory, which he claimed had excessive clear- ance over the Fleetwood and Forum. Bolognino now plans to take the case to Washington since, it is held, Campi did not decide unanimously in favor of Loew's. This is the case which has been on Campi's docket several times. A de- cision was handed down some months ago whereby it was declared that Loew's was to have protection over only one house. Loew's asked for a retrial, but during the interim efforts were made to settle the matter. This didn't materialize and the case was heard again with independent members of Code Authority fighting for Trio-Consolidated and Loew's finally coming out the victor. As a result, the clearance situation stays as it was before the complaint was filed. ITOA Men Critical Of Code's Effects (Continued from page 1) attending the session urged an organ- ized movement of independent exhib- itors all over the country to attack the code and the setups of local boards. It was stated that the distributors' balance of power at Campi is ruining the independent and some action must be taken. The question of affiliating with Al- lied came up for discussion. Leon Rosenblatt was informed yesterday he was chairman of the committee to study the proposed affiliation, but since it was news to him he could not report on the matter. There are four other members on the committee, one of whom is Dr. Leon Greenfield of the Boro Hall, Paras-Court and Gloria in Brooklyn. Strauss of NRA in Omaha for Confabs Omaha, Nov. 14. — Robert K. Strauss, of the NRA is here today to meet with 12 members and the sec- retary of the local code boards. The meeting has for its purpose "to obtain a much more efficient and economic form of industrial self-government by the code authorities," H. T. William- son, acting Nebraska NRA director, informed Miss Regina Molseed, local secretary. Omaha is one of 16 cities in which similar meetings are being held. Richards and Para. Agree on Circuit (Continued from page 1) may require a week or 10 days, de- spite tne tact that the plan is com- plete in all respects except those per- taining to Kicnards' participation, it was stated yesterday. the revised pian will tnen be nied here lor ired- erai court approval. it is understood that the agreement involves concessions on the part ot ooth Kichards and Paramount, but ettects a reduction of Richards' stock ownership in the new company. The original iaenger reorganization plan provided that Richards was to ac- quire all of the Class A stock of the new company for $^5,000, and Para- mount all ot the Class B. This and other provisions of the original plan, it is understood, are modified in several important respects as a result of the new agreement. Karl Hoblitzelle, Paramount operat- ing partner in Interstate Circuit, Tex- as, represented Richards in the nego- tiations with the trustees. Richards, who has remained here during the negotiations without participating in them directly, returns to New Or- leans this week-end. Para, Trustee Bank Suit Delayed Again (Continued from page 1) reached with Paramount reorganiza- tion factors but cannot be made ef- fective until the Paramount reorgani- zation plan is completed. Trustees, in the meantime, retain their cause of action against the banks as a re- sult of the claims which, the trustees allege, are based on an invalid credit transaction of 1932. Chicago Voting on Ban on Giveaways Chicago, Nov. 14. — Whether or not premiums and gifts shall come under the code ban will be voted upon by exhibitors in the local and metro- politan area. Ballots on the question are being placed in the mail. Three Appeals Are Heard Three code cases were heard by a Campi appeal committee yesterday consisting of Gradwell Sears, Ed Kuykendall and William Yoost. The cases were: George Fischer, Vogue, Kenosha, Wis., against Hugo Vogel and Sam Levinson, Butterfly, same city, on giveaways ; Atanasoff Broth- ers, World, Milwaukee, against War- ners, U. A., M-G-M, Radio, Fox and Gem, on overbuying ; Jensen Amuse- ment Co., Ritz, Lindsay, Okla., against Harry G. and Mrs. Waldron, Blue Moon, Oklahoma City, on lease inter- ference. Philip C. Moore Dead Scranton, Nov. 14. — Philip C. Moore, manager of the Riviera The- atre, a Comerford house, died at his home here after a brief illness. Moore had been in the employ of Comerford interests for a number of years. His widow and four children survive. Sparks Builds in Tampa Tampa, Nov. 14. — Sparks is build- ing a new neighborhood house at Nebraska and Forest Aves., the Tam- pa Heights section. Thursday, November 15, 1934 Details Set For "Time's" Dramatic Reel (Continued from page 1) recently bought a half interest in First Division Exchanges and a few days ago incorporated a producing unit to start eight features on the coast. Test reels have been tried out in eastern cities and towns. It is said that $175,000 has been spent in experi- ments. The first issue is to come out Dec. 20. "The March of Time," the maga- zine's radio broadcast, will furnish the basic idea of the reel. The idea is to take library shots and staged material to build up an understanding of the current scenes and to follow up with a dramatic ending, thereby making the background of the news more under- standable and giving it dramatic value. To Use Movietone Library The library of Fox Movietonews will be used for the build-up shots. Roy E. Larsen, one of the originators of the idea, who is vice-president in charge of promotion for Time, Inc., will head the newsreel organization. Associated with him will be John S. Martin, managing editor of Time, and Louis de Rochemont, formerly with Fox Movietone. He will be managing editor of the reel. Daniel Longwell will be in charge of promotion and Richard de Rochemont, brother of Louis, will have charge of the Eu- ropean organization. He edited for- eign versions of Fox Movietone for four years. Facilities of Fox Movietone, except its camera crews, will be available to Time under an arrangement with Truman Talley, producer of Fox Movietonews. Dwight Cooke, Tom Orchard and Woodruff Wallner, Time editorialists will work on the reel. Other mem- bers of the staff will be Joseph Trima- rice, librarian of Fox Movietone, and Charles Morrison, Louise Logue, Mor- ris Reizman and John Dullaghan. Sales will be limited at first with the country divided into about 3.00C areas. One exhibitor in each will get the reel. The idea is to give him full benefit of the promotion and to build up a sales demand. Exhibitors finding it unsatisfactory will be permitted tc cancel their contracts, it is said. Price Fixing Issue Up in Texas Court (Continued from page 1) dictation of admission scales by dis- tributors is hurting independents. Hoblitzelle is said to demand that sub- sequents following his first runs at 4C cents shall charge 25 cents. R. J. O'Donnell and his attorney John R. Moroney, say papers have nol been served upon them as yet. Madeleine Carroll Signed Hollywood, Nov. 14. — Darryl F Zanuck has signed Madeleine Carrol! for the feminine lead opposite Clark Gable in "The Call of the Wild." Miss Carroll is in London at present bui will leave for America shortly. The Leading Ne^^^\ MOTION PICTURE DAILY Alert, Intelligent the In in All Branches VOL. 36. NO. 117 NEW YORK, FRIDAY, NOVEMBER 16, 1934 TEN CENTS Asserts Never Sought a Man For Hays' Job Directors Deny Rumors, Including Flynn's Taking official cognizance for the first time of constantly recurring ru- mors that moves were afoot to re- place Will H. Hays, as head of the M. P. P. D. A., the presidents or ranking executives of seven of his member companies yesterday denied that Hays' post had ever been of- fered to anyone else. The statement took the form of a telegram to the managing editor of the Los Angeles Times hitting at the report published in that newspaper and widely throughout the nation that Hays was to be succeeded by Edward J. Flynn, prominent in Democratic {Continued on page 6) Cite Film Ads as Model for Cleanup The industry's Advertising Advis- ory Council, headed by J. J. Mc- Carthy, has accomplished the first successful, large-scale regulation of its advertising from within by any large industry, Printers' Ink says in an article headed "Movie Advertis- ing Is Clean," appearing in the cur- rent issue. The Advisory Council's "reforma- (Continued on page 6) Kutisker Is Winner In Clearance Case Morris Kutisker won his clearance case against A. H. Schwartz yester- day when the main New York clear- ance and zoning board affirmed a rec- ommendation of the advisory commit- tee. With Louis Nizer as his attor- ney, Kutisker last week complained that Schwartz's Floral Park, Floral Park, L. I., was taking clearance over the Community, Queens Village, for the first time. The protection clause was in a Paramount contract. The decision sets a precedent for other contracts Schwartz may nego- tiate. Transfer Five Ohio Spots to Para. Unit Cincinnati, Nov. 15.— Official transfer was completed yesterday to South Ohio Theatres, Inc., new Par- amount subsidiary, of the Paramount, {Continued on page 16) In the Black New Haven, Nov. 15. — To- day marks one year since Loew's took over operation of the Poli circuit. Practically all houses are showing a profit under the new man- agement. ERPI TO FIGURE IN A.T. & T. Probe Pennsylvania 1933 Grosses $30,891,000 Washington, Nov. 15. — Total re- ceipts of $30,891,000 were reported to- day for 1933 by 745 Pennsylvania the- atres by the U. S. Census Bureau. Payrolls aggregated $5,872,000, it was said. Admittedly incomplete figures for cities, particularly Allentown, Altoona and Johnstown, where they do not compare favorably with other cities of like size, were reported by the bureau as follows : Philadelphia, 143 houses with re- ceipts of $10,578,000 and payrolls of $2,082,000 ; Pittsburgh, 46 houses with receipts of $3,652,000 and payrolls of $681,000; Scranton, 16 houses with re- ceipts of $1,262,000 and payrolls of $277,000; Wilkes-Barre, 12 houses with receipts of $889,000 and payrolls (.Continued on page 4) Objections Made to Allied Owners Plan Unexpected objections to the reor- ganization plan for Allied Theatre Owners, Inc., were presented yester- day at hearing before Special Master Oscar Lewis, who is hearing the plan for the U. S. District Court in Brook- lyn. The hearing was adjourned to Nov. 23. Jacob Shulman, an attorney, who said he represented bondholders with (Continued on page 16) K.C. Theatre Men Are Cool To Ad Marking Kansas City, Nov. 15. — The plan to advertise films segregated as "adult" or "family" fare, as adopted by the Warner circuit at Philadelphia, finds little favor among exhibitors and man agers here. Fox Midwest Theatres, as reported, is acquainting patrons and other in terested persons with its designations of product according to "adult" and "family" suitability. C. A. Schultz, president of the Commonwealth cir- cuit, believes this is a splendid idea and before long intends to adopt it for his theatres in Kansas City and in out- state Missouri, Kansas and Iowa. Others, however, differ. Neighbor- hood exhibitors say the parents know Friday night is "family night" and do (Continued on page 4) Richards Remains As Saenger's Head E. V. Richards' status as president and general manager of the reorgan- ized Saenger circuit, provided for in the original Saenger reorganization plan, is not disturbed by the agreement concluded on Wednesday under which Richards' stock participation in the new company was revised in Para- mount's favor, it was learned yester- day. The Paramount Publix trustees gave their approval to the Richards agree- ment at a meeting yesterday and this (Continued on page 16) November Opening Grosses Show Drop from September November got off to a bad start for national theatre grosses. The total of $1,288,992 for 22 key cities was a new low for the six-week period start- ing the last week in September. The decline has been steady since that time, in spite of the fact that the number of theatres operating in the keys mentioned has increased from 132 to 135. November's first-week losses are due to a falling off of business in 14 of the 22 cities from which reports are re- ceived by Motion Picture Daily. The drops came from Boston, Buffalo, (Continued on page 4) Communication Board Is To Study All Angles Of Activities Washington, Nov. 15. — Erpi and film affiliates of A. T. & T. are to come under the general probe of the telephone company and its affiliates to be conducted by the Federal Communi- cations Commission. Actual operations of the telephone company will be the first scrutinized, it is expected, as the commission re- gards this as the major subject of interest. The groundwork for the in- vestigation will be laid during the remainder of the year and public hear- ings will get under way some time after Jan. 1. Before it gets through, it was indi- cated today, the commission will have dragged into the light every sort of activity in which the company engages and in which it is interested through (Continued on page 4) Production Code Is Reporting on Plays A service through which producers' story departments are advised prompt- ly of the conformity of stage plays to the production code has been placed in operation here by the eastern office of the Production Code Administra- tion, it was learned yesterday. Representatives of the eastern office under Vincent G. Hart, assistant to Joseph I. Breen, attend all opening (Continued on page 6) Bernerd Set Back By Kent's Arrival By BRUCE ALLAN London, Nov. 15 {By Cable).— Jeffrey Bernerd has postponed his de- parture for New York on Nov. 21. The reason is attributed to the arrival here on Friday of S. R. Kent in con- nection with what is persistently re- ported as the impending sale of Fox Film's 49 per cent interest in Gau- mont-British to interests popularly be- lieved to be headed by John Maxwell of B.I.P. Laemmle, Sr., Picks Production Cabinet Hollywood, Nov. 15.— In a move to relieve himself of excess duties occa- sioned by the absence of Carl Laemmle, (Continued on page 6) MOTION PICTURE DAILY MOTION PICTURE DAILY (Registered U. S. Patent Office) Insiders' Outlook Vol. 36 November 16, 1934 No. 117 Martin Quigley Editor-in-Chief and Publisher IBB) MAURICE KANN MQA 1371 Edit<» \s£ KtkA JAMES A. CRON Hfli Advertising Manager YJZZ, Published daily except Sunday and holi- days by Motion Picture Daily, Inc., sub- sidiary of Quigley Publications, Inc., Martin Quigley, President; Colvin Brown, Vice-President and Treasurer. Publication Office: 1790 Broadway, New York. Telephone Circle 7-3100. Cable ad- dress "Quigpubco, New York." All con- tents copyrighted 1934 by Motion Picture Daily, Inc. Address all correspondence to the New York Office. Other Quigley pub- lications: MOTION PICTURE HERALD, BETTER THEATRES, THE MOTION PICTURE ALMANAC and THE CHI- CAGOAN. Hollywood Bureau: Postal Union Life Building, Vine and Yucca Streets, Victor M. Shapiro, Manager; Chicago Bureau: 407 South Dearborn Street, Edwin S. Clif- ford, Manager; London Bureau: Remo House, 310 Regent St., London, W. 1, Bruce Allan, Representative. Cable address: "Quigpubco, London"; Berlin Bureau: Berlin - Tempelhof , Kaiserin - Augustastrasse 28, Joachim K. Rutenberg, Representative; Paris Bureau: 19, Rue de la Cour-des- Noues, Pierre Autre, Representative; Rome Bureau: Viale Gorizia, Vittorio Malpassuti, Representative; Sydney Bureau: 102 Sus- sex Street, Cliff Holt, Representative; Mex- ico City Bureau: Apartado 269, James Loclthart, Representative; Glasgow Bureau: 86 Dundrennan Road, G. Holmes, Repre- sentative; Budapest Bureau: 3, Kaplar-u, Budapest, II, Endre Hevesi, Representa- tive; Moscow Bureau: Civtzev Vrazhek, N. 25, Apart. 146, Moscow, U. S. S. R., Bella Kashin, Representative. Cable ad- dress: "Samrod, Moscow." Entered as second class matter, January 4, 1926, at the Post Office at New York City, N. Y., under Act of March 3, 1879. Subscription rates per year: $6 in the Americas, except Canada $15 and foreign $12. Single copies: 10 cents. U. A. Executives on Railroads and Ships United Artists executives are keep- ing the Pullmans and steamers busy these days. Arthur Kelly, now in Tokyo, plans to go to South Africa, but may change his mind and leave directly for home. When he returns William Phillips, treasurer, will go off on a short vacation. Al Lichtman has gone to Miami for two weeks and Harry D. Buckley left yesterday for Chicago and will return tomorrow. Hal Home will be in Hol- lywood for a few weeks. Harry Gold and Paul Lazarus recently returned from extended trips in the field. Schenck En Route Here London, Nov. 15 (By Cable).— Joseph M. Schenck, president of Unit- ed Artists, sailed from Plymouth yes- terday on the Majestic and is sched- uled to arrive in New York Nov. 20. Schenck has been in England for sev- eral weeks conferring with officials of London Films. Klarsfeld Sails Nov. 24 Henri Klarsfeld, general manager for Paramount in France, Switzerland, Belgium, Egypt and north Africa, sails for Paris on the Paris Nov. 24. Thomas Continues Trip Chicago, Nov. 15. — Harry H. Thomas leaves today for Kansas City and Dallas. He will continue on to Charlotte, Atlanta and New Orleans. FUNNY are the ways of gov- ernment. Or, this government at any rate. It was a few months back when the Treasury Depart- ment, by strange and devious analysis, ruled Paris gowns may be allowed in, sans duty of any description, and from them copies struck off for ultimate sale, also without duty. The one restrictive note in the whole scheme stipu- lated the original must be shipped away from these very friendly shores at the end of six months. Somebody, somehow, wondered if the decision might not be ap- plied to foreign pictures and dis- covered it might. And so it does. . . . T You, therefore, have before you for consideration or convulsions, as you like, a situation wherein Washington permits, in fact, wel- comes imported pictures by brush- ing aside the customary tariff barrier. You also have before you, if you are up on your facts as they concern the difficulties of American pictures abroad, a fine kettle of affairs that boiled over in Berlin earlier in the week. There, Herr Hitler's satellites, displaying their usual brand of astute statesmanship, have seen to it that any film disembarked at Bremerhaven or Hamburg must first pay an import tax approxi- mating $8,000, American. . . . T That's for the privilege of al- lowing the print to be dropped off the ship's side. Whatever erratic German censorship may deter- mine thereafter has nothing at all to do with the case. The American exporter will pay his $8,000 one day and the next day perhaps find the German censor, full of wiener schnitzel, bock beer and a new hypo of Nazi philoso- phy, has decreed nix. And there you have what might be described as a striking exchange of interna- tional courtesy and goodwill. . . . T Not only to Germany is this sort of comedy of errors con- fined. The American industry has had a load of similar worry and annoyance from its friendly international neighbor centering in and around Prague while the list of those cities and lands where this country's product has been thrown about leaves few holes in the gallery of nations. It is to wonder and plenty, too, why the "New Dealers" along the Poto- mac, recognizing the political in- fluence demonstrated in the past and presumably available in the future, have attempted little or nothing to make the sweet travels of American celluloid around the world less tiring. While you are wondering about that, poise the question if the industry, by and of its own actions, has penetrated all of the devious channels of ap- proach to this same end. . . . T Several of the well-informed at RKO describe the reports linking Edward J. Flynn, Democratic power in these parts, with their company in this wise : "Never heard of it. Forget it." ... By that they mean something beyond a mere membership on the direc- torship of the board of K-A-O. He has that now. . . The Hearst- Warner hookup is developing amusing slants as the days slip by. International News Service considered it a piece of good re- porting to check the Flynn-in- Hays'-job yarn on the coast. Hays was not turned to for a statement, but Jack Warner was. I. N. S. seized upon Jack's vice- presidency of the Producers' Ass'n. as the reason. . . . T But wearied by irresponsible newspaper practice of throwing Hays out of office at regular in- tervals and putting in Al Smith, Jim Farley, Flynn or what have you, seven important executives, representatives of as many com- panies, did some telephoning Wednesday and finished their palavers yesterday with the first Friday, November 16, 1934 official M.P.P.D.A. statement hit- ting left and right at rumors of Hays' replacement. The kick line in that statement, which emerged in the form of a wire to the Los Angeles Times denying the Flynn, or latest, report was this : "Nor is there one word of truth in the statement that the posi- tion occupied by Mr. Hays has ever been offered to anyone else." Hays asked for no such evidence of approbation and knew nothing about the statement itself until it was drawn, approved by the sig- natories and released to the press. . . . T The flurry between Sidney Kent and Walter Reade over the inability of the Music Hall to spot in "The White Parade," its sub- sequent sale to the Paramount and the destruction of the May- fair contract with Fox has an- gles. Reade had agreed to pay Fox $60,000 for pictures rejected or unused by the Music Hall. Now he stands a pretty good chance of getting them cheaper by individual buy. ... Is Charlie Rogers still producing pictures ? He's been away from the cameras for months. . . . T Ed Kuykendall won't cheer. Neither will Sidney Samuelson over Harry Brandt's crack. He said: "There is no national ex- hibitor organization and that holds for both the M. P. T. O. A. and Allied. After having intimate contact with both groups, I can frankly say this." Agree or not as you will, but you've got to ad- mit Brandt is what he says he is, which is frank. . . . Blood is still in the eyes of those poster ex- change fellows. . . . Interest in the personnel of the board of reor- ganized Paramount is mounting and mounting. . . . KANN North Dakota Tax Void Fargo, N. D., Nov. 15.— The Fed- eral District Court here held that the North Dakota gross earnings tax is unconstitutional in a case brought by Fruit Growers Express Co., a Dela- ware corporation. The tax statute imposed a six per cent gross earnings levy on concerns owned outside but operating within the state. D. E. Griffiths Sailing London, Nov. 15. — D. E. Griffiths, managing director of First National here, sails for America within the next week or 10 days for conferences with company executives in New York. Borzage on Davies Film Hollywood, Nov. 15. — Frank Bor- zage has been assigned to direct Marion Davies in her first picture for Warners. Announcement of the pic- ture itself is expected shortly. Ayres-Rogers Marry Hollywood, Nov. 15. — Ginger Rogers and Lew Ayres were married last night at the Little Church of the Flowers. Janet Gaynor and Mary Brian attended the bride. Eastman Pfd. Drops 8Y2 on Big Board Net High Low Close Change Sales Columbia Pictures, vtc 37% 37 37% + % 500 Consolidated Film Industries 354 354 354 300 Consolidated Film Industries, pfd 1654 16% 16% 1,700 Eastman Kodak 110% 109% 109% — % 2,000 Eastman Kodak, pfd 135 135 135 — ty2 5,000 Fox Film "A" 13% 13 % 13% 1,700 Loew's, Inc 31% 30% 31% + % 11,400 Loew's, Inc., pfd 98% 98% 98% + % 100 Paramount Publix 4% 4 4 6,200 Fathe Exchange 1% 1% 1% 2,800 Pathe Exchange "A" 15% 14% 15% + % 3,500 Warner Bros 4% 4% 4% + 54 2,300 Paramount Publix Bonds Gain One Net High Low Close Change Sales General Theatre Equipment 6s '40 7 654 6% + 54 9 General Theatre Equipment 6s '40, ctf 7 654 7 + 54 3 Keith B. F. 6s '46 6354 6)54 6354 + % 5 Loew's 6s '41, ww deb rights 104 10354 10354 — 54 7 Paramount Broadway 554s '51 42 41% 41% + % 10 Paramount F. L. 6s '47 5854 5754 5754 +54 19 Paramount Publix 554s '50 59 5754 5854 +1 23 Warner Bros. 6s '39, wd 5954 5854 59 + 54 23 out!" "Sensational!" exclaimed exhibi- tors privileged to see "The White Parade" at private screenings arranged by FOX in key cities of the U. S. last week. Did you ever see a theatre operator sobbing? Well, we did! Stifling tears. Letting loose loud gusts of laughter. Held motionless by sus- pense. Right now, they're planning extra weeks . . . extended time . . . and counting on extra profits. And so will jow...when you see Jesse L. Lasky's greatest box office production ! prefab in evet . A JESSE L. LASKY Production The greatest hit of this great showman's career! with LORETTA YOUNG JOHN BOLES Directed by Irving Cummings. Screen play by Sonya Levien and Ernest Pascal. From the novel by Rian James. Adaptation by Rian James and Jesse Lasky, Jr. MOTION PICTURE DAILY Friday, November 16, 1934 K.C. Theatre Men Are Cool ToAdMarking November Opening Grosses Pennsylvania Show Drop from September (Continued from page 1) (Continued from page 1) not expect programs specifically for children at other times. One objection is exhibitors would not agree on des- ignations, and confusion would result. It is also pointed out that class distinc- tions, religious affiliations and other factors would have to be taken into consideration, and therefore no stand ard designation would apply to all cities and neighborhoods. Representative comment follows : Ed Dubinsky, head of Dubinsky Bros. Theatres: "The plan would react adversely at the box-office. It would be seized upon as another ex- cuse for people to stay away from theatres, and there are enough excuses already." John McManus, manager, Loew's Midland (downtown first run) : "The designations would be futile as well as bad business. Home influence should be deciding for star, and theatre man should stay out of it. Parents have a pretty good idea of what entertainment is fit for children, having it made clear to them by the theatre. The bad influence of films on children has been grossly exaggerated. Millions saw pictures a generation or two ago which today would be condemned for children, yet they have grown up to be respectable, law-abiding citizens." Unnecessary, Declares Means Jay Means, Oak Park Theatre (sub- urban), and president, I. T. O. : "It would be difficult for the exhibitor to differentiate between 'adult' and 'family' types. In my opinion, the des- ignations are not necessary. Film standards are getting better. Let the producers give us decent pictures and we won't have to classify them." George S. Baker, manager, Pub- lix Newman (downtown first run) : "Without exercising more than snap judgment, I am undecided whether the plan would be feasible. I do not be- lieve, however, that designating a pic- ture as 'family' would have a harmful effect on the box-office. My experience has been that parents appreciate a line of caution in advertising that children would not be interested in heavy sto- ries or something they cannot grasp." S. Bernard Joffee, manager, Tower (downtown first run) : "The plan would add fuel to the fire of reformers and censorship advocates. It would point the way to making a system of segregation compulsory. Selection should rest with the home, and the home should teach older children to appreciate and discriminate for them- selves." Mrs. A. Baier, Lindbergh Theatre (suburban) : "If they want to take the trouble, most parents can find out for themselves whether pictures are suit able. The designation system would alter the existing situation very little as many parents send their children to a family type picture, while the par- ents go to some other theatre. How- ever, differentiating pictures in adver tising might attract more adults to pic tures advertised as 'adult.' " W. D. Fulton, operator of four neighborhood theatres : "There are many drawbacks to the system. Ex- Chicago, Cleveland, Denver, Detroit, Indiananolis, Kansas City, Los Ange- les, Minneapolis, New York, Pitts- setting these were slight gains in Mon- treal, Oklahoma City, Omaha, Phila- delphia, Portland, Providence, San burgh, St. Paul and Washington. Off- i Francisco and Seattle. Comparative grosses for the latest available periods: Week Ending Sept. 27-28 Oct. Oct. Oct. Oct. Nov. 4-5. 11-12. 18-19. 25-26. 1-2.. Theatres 132 132 132 131 133 135 Grosses $1,419,815 1,412,844 1,344,137 1,385,533 1,386,935 1,288,992 Comparative weekly totals : Buffalo .. Chicago Cleveland Indianapolis St. Paul Seattle . , Week Ending Week Ending Nov. 1-2 Oct. 25-26 Theatres Gross Theatres Gross 6 $107,500 6 $108,000 5 41,000 5 47,900 8 146,500 8 150,000 8 42,300 5 58.000 5 20,000 6 26,500 7 61,800 7 77,100 5 23,500 5 26,000 5 38,300 5 40,300 7 62,250 7 88,805 6 23,000 6 24,700 4 40,500 4 39,500 11 241,392 11 254,430 5 24,900 4 12,600 4 27,000 4 26,400 9 70,200 9 68,850 6 38,700 6 52,150 .. 6 28,500 5 26,500 6 43,400 6 39,450 7 83,500 7 77,500 5 19,000 5 19.100 7 40,350 6 27.850 6 65,400 6 94,600 135 $1,288,992 133 $1,386,935 hibitors would differ as to the desig- nations, and since their advertising would appear in the same paper, the method would cause confusion. In the final analysis, responsibility for selec- tion rests with the home. There are enough appraisals available, in news- papers, magazines and other media, for any one interested to find out whether a picture is suitable. By the time the releases reach the neighbor- hoods, parents are pretty well in- formed." Women Get 6 -Point Program for Films Cleveland, Nov. 15. — A six-point program for women to follow in the interest of good pictures was brought before delegates of the W.C.T.U. na- tional convention by Mrs. Marguerite Harmon Bro of Chicago. She ap- pealed for Federal supervision and censorship of the industry. The points : Patronize good pictures ; boycott cheap ones ; educate the public about pic- tures ; lend support against block book- ing ; help children select films ; urge Federal supervision of pictures. Films Cleaner, Says Md. Censor Official Baltimore, Nov. 15. — Marie W. Presstman, secretary of the Maryland State Board of Censors, asserts there has been a big improvement in the tone of pictures released since the church campaign started. , "The pictures have been unusually clean," Miss Presstman says, "but be- sides this feature, they have been tre- mendously improved from an artistic standpoint. "During the last month we have made but few cuts, although several pictures have been rejected entirely. The rejections, however, were made where the entire tone was bad, and if mutilated there would have been no continuity." Lasky, Boles on Stage Hollywood, Nov. 15. — Fox inaugu- rated a new policy today by sending John Boles and Jane Darwell to San Francisco for personal appearances in conjunction with the opening of "The White Parade" at the Warfield tomor row. Jesse L. Lasky escorted the duo and also will appear on the stage. Lincoln Quarberg of the Fox pub licity staff checked out Wednesday to handle advance publicity. Bowling League Results Paramount is still leading the M. P Bowling League and is followed by Consolidated. Fox, RKO and United Artists in the order named. Paramount won three games from Warners Wednesday night to increase its lead, Consolidated defeated Colum bia three games to none and United Artists lost to RKO, two games to one. 1933 Grosses $30,891,000 (Continued from page 1) of §224,000 ; Reading, four houses with receipts of §625,000 and payrolls of $85,000. Erie, 14 theatres with receipts of $478,000 and payrolls of $89,000 ; Lan- caster, five theatres with receipts of $398,000 and payrolls of $85,000; Chester, six houses with receipts of $362,000 and payrolls of $50,000; York, four theatres with receipts of §361,000 and payrolls of §56,000; Al- toona, six theatres with receipts of $342,000 and payrolls of $77,000 ; Mc- Keesport, six houses with receipts of $307,000 and payrolls of $56,000. Johnstown, nine theatres with re- ceipts of $266,000 and payrolls of $60,000; Harrisburg, four theatres with receipts of $223,000 and payrolls of §33,000; Allentown, three houses with receipts of §58,000 and payrolls of $12,000. Erpi Will Figure In A.T. & T. Probe (Continued from page 1) stock ownership, contract, license agreement or otherwise. It is anticipated the investigation will cost well over $100,000, and will develop thousands of pages of testi- mony and hundreds of briefs and ex- hibits. In all probability, if the commis- sion's inquiry indicates a need for re- form in any direction, Congress will be asked to enact appropriate legisla- tion. New Musical Ideas Stirring — Taurog New ideas in producing and staging musicals are making that type of pic- ture the most competitive production venture in Hollywood, according to Norman Taurog, Paramount director, in New York on vacation. "The number of musicals which have been released, or are planned," Tau- rog said, "makes box-office success possible only for those with new story or production ideas. The public isn't tired of musicals, but neither is it pay- ing to see 'just any musical.' " Taurog returns to the coast Nov. 29 to begin work on "Target" for Par- amount, a picture with an Annapolis background. His last assignment was "College Rhvthm." Polish Actress Held Regina Opoczynski, Polish actress recently signed by Fox, was detained by immigration inspectors at Ellis Island on her arrival here. She was released, however, and allowed to pro- ceed to Hollywood when representa- tives of Fox posted a bond guarantee- ing her departure at the end of her contract term. Warner Club Sets Dance The second annual reception and dance of the Brooklyn unit of the Warner Club will be held Thanks- giving Eve on one of the sound stages of the Vitaphone plant in Brooklyn. THE MERRY WIDOW" WALTZES INTO EXTENDED RUNS! She's the darling of America's Box- Offices! Gayly, brilliantly, she vamps your house records! It's fun to be vamped! And the list of extended runs is just beginning! AURICE CHEVALIER, JEANETTE MacDONALD in "THE MERRY WIDOW An ERNST LUBITSCH Production with EDWARD EVERETT HORTON UNA MERKEL • GEORGE BARBIER • MINNA GOMBELL ven Play by Ernest Vajda and Samson Raphaelson • Based on Book and Lyrics by Victor Leon andLeo Stein and Music by Franz Lei MOTION PICTURE DAILY MOTION PICTURE DAILY* HOLLYWOOD PREVIEW "Maybe It's Love" ( Warners) Hollywood, Nov. 15. — Of pleasing quality, dealing with young love, this hits good average entertainment, being a mixture of romance, mar- riage, home life, spats and family interference interspersed with laughter. While William McGann's first directorial effort is most commendable and the playing of the principals rises above the screen play, which alternates between knowing where it's going and faltering, the picture nevertheless has warmth, with the audience rooting for the likable people. Gloria Stuart, a private secretary in love with Ross Alexander, a clerk, is beset by her family trying to impart the facts of life and the What the Symbols Mean Reviews classified with a "G" are regarded as suitable for general entertainment. Those with an "A" are regarded as suitable for adult enter- tainment. boss' son, Phillip Reed, making innocent advances, with Ross jealous. At Reed's instigation, Joseph Cawthorn, the boss, decides to send Ross to Cuba, but on the sailing night Ross and Gloria marry. Fired, Ross struggles with Gloria between love and the budget and her family and Reed, but all ends well. Cawthorn turns in a highly joyous portrait for big laughs. Others in the good cast include Frank McHugh, Ruth Donnelly, Henry Travers and Helen Lowell. The film is based on an original by Maxwell Anderson. The produc- tion and the photography are all right. As commercial entertainment for the family trade it is an acceptable show. Code seal No. 381. Running time, 68 minutes. Classification: "G." "Fugitive Lady" (Columbia) Hollywood, Nov. 15. — Good entertainment for average audiences. Florence Rice, falsely convicted of theft, is wrongly identified as Rita LeRov, estranged wife of wealthy Neil Hamilton, following a train wreck on the way to San Quentin in which Miss LeRoy is killed. Miss Rice tells Hamilton her story. They fall in love and attempt to live a lie, deceiving Hamilton's mother and his friends, who have never met the first Mrs. Hamilton. On the eve of their departure for Europe a gang of thieves who betrayed the girl attempt to rob Hamilton's safe. Rather than involve Hamilton and his family in a scandal, Miss Rice consents to leave with the gang, making it appear she had planned the entire move. Hamilton's snooping aunt, Clara Blandick, saves the day by acting after overhearing the thieves' conversation. Al Rogell's direction is finely timed for suspense. Hamilton and Miss Blandick are outstanding in a capable cast, including Miss Rice, Matt McHugh, Donald Cook, Miss LeRoy and Nella Walker, who plays Hamilton's mother. The scenes of the wreck are realistic. Al Seigler's photography is good. Code seal No. 330. Running time, 65 minutes. Classification: "G." 6 Asserts Never Sought a Man For Hays' Job (Continued from page 1) circles and secretary of state for New York. R. H. Cochrane, vice-president of Universal ; Adolph Zukor, president of Paramount Pictures; Nicholas M. Schenck, president of M-G-M ; Harry M. Warner, president of Warner Bros.; Earle W. Hammons, president of Educational; Ned E. Depinet, president of RKO Dist. Corp. ; and W. C. Michel, vice-president of Fox Film, appended their signatures to the statement, text of which follows: "There is no truth in the story published in your paper this morn- ing to the efiect that Mr. Will H. Hays is to be succeeded as the president of this association by Mr. Flynn, secretary of State of New York. Nor is there one word of truth in the statement that the position occupied by Mr. Hays has ever been offered to anyone else. Every member of our board of directors is and al- ways has been delighted with the work Mr. Hays has done because we know from first hand infor- mation that his work has been thoroughly constructive and a power for good not only on our behalf but on behalf of the pub- lic which supports us." Cite Film Ads as Model for Cleanup {Continued from page 1) tion" of industry advertising mate- rial is recommended by the writer as a model to "other industries contem- plating such a move." The publication cites a 35 per cent increase in theatre attendance since the council's inception a year ago, sug- gesting that some part of the increase was due to the advertising improve- ments which have been brought about. Success of the movement is credited in the article to the broad policies adopted for the council by McCarthy, the authority vested in him by the M. P. P. D. A.; the cooperation re- ceived from company advertising ex- ecutives and the incorporation in the NRA code for the industry of the ad- vertising code of ethics. The latter adds an instrument of enforcement, seldom invoked but potentially useful, according to the article. Production Code Is Reporting on Plays (Continued from page 1) night performances here and file im- mediate reports on the acceptability or the extent of changes required in the play material for production code com- pliance. The reports are sent to the proper representatives of all producer members and to Breen in Hollywood. No effort is made to advise on the plays from box-office angles or to in- fluence purchases of stage material in any way. To date, 43 stage produc- tions have been caught and reported on here. Allied1 's Directors and Md. MPTO to Gather Baltimore, Nov. 15. — Eastern re- gional directors of Allied from New England, New York, New Jersey and Maryland will meet at the Hotel_ Em- erson Monday. Expected are Sidney E. Samuelson, Abram F. Myers, Wal- ter Littlefield and Herman A. Blum. A general meeting has been called by the M. P. T. O. of Maryland, Inc., affiliated with Allied, for the same time at the same place at which Frank A. Horning will preside. Independent theatre owners as well as members have been invited. A luncheon will be given for both groups and invitations to attend have been sent to Mayor Howard W. Jackson, of Baltimore, and State's Attorney Herbert O'Conor. Para. Signs Colbert For 6 in Two Years Hollywood, Nov. 15. — Emanuel Cohen, production head of Paramount, today signed Claudette Colbert to a two-year contract calling for a total of six pictures which will net the star some $450,000 in that period. Except for two pictures on previous commit- ments with other companies, Para- mount will have exclusive right to her services. Find Manager Bound Cincinnati, Nov. 15. — Herbert Mc- Ginnis, manager of the Park Hall, suburban, was discovered bound and gagged in his office when an employe reported for work at 7 o'clock yes- terday morning. Friday, November 16, 1934 i Purely Personal ► MORT BLUMENSTOCK, ad- vertising director of Warner theatres, leaves today for Cleveland, Pittsburgh, Washington and Philadel- phia to confer with zone managers and first run exhibitors on "Flirtation Walk." He'll be gone a week. Merle Oberon, accompanied by Natacha Paley, arrives here next week on the Paris en route to Holly- wood to work in "Folies Bergere de Paris" for 20th Century. Robert C. Bruce has returned from Lexington, Ky., where he filmed a fox hunt of the Iroquois Hunt Club for the "Countryside Melodies" series of Audio Prod. Harold Blumenthal says he's not Simon Fabian's successor, but only taking inventory on Fox Metropoli- tan Playhouses. Harry Edington and his wife, Bar- bara Kent, arrived from Europe yes- terday on the Washington. Dan Halpin, assistant sales man- ager of Sonotone, is back from a trip through the midwest. John Hamrick of Seattle is in town. Laemmle, Sr., Picks Production Cabinet (Continued from page 1) Jr., who is now on vacation, Carl Laemmle, Sr., has appointed a produc- tion cabinet. Its members are Frank Mastroly, executive studio manager; Stanley Bergerman, associate pro- ducer, and other producers on the lot Laemmle, Sr., will govern policy and supervise the cabinet's activities until his son returns early in 1935., May Delay His Sailing Carl Laemmle, Jr., now in New York prior to his departure on a European vacation, may set back his sailing until the Rex leaves, the end of the month. The original date was Nov. 23. Details Federation Fund Statements issued by Albert L. Warner, chairman of the theatrical and film division of the drive for support of the Federation of Jewish Philan- thropic Societies, say that 93 cents of every dollar raised by the federation go for relief. The federation is hold- ing an emergency drive to raise $2,071,000 to take care of a deficit in the 1934 budget. The amusement in- dustries' share of the total is $100,000. Flash Reviews One in a Million — There is consid- erable entertainment in this Invincible production. . . . In Old Santa Fe — Average Ken Maynard western. . . . These films will be reviewed in full in a later issue of Motion Picture Daily. G. B. List to McVickers Chicago, Nov. 15. — Gaumont Brit- ish first runs will go into the Mc- Vickers. A. H. Fischer, home office representative for G. B., closed the deal with Jones, Linick & Schaefer. THE GLAMOUR OF ACHIEVEMENT THE AURA OF SUCCESS .... THE MAGNETISM OF LEADER- SHIP .... INEVITABLY UNITE THE HIGHEST TALENTS OF THE SHOW WORLD .... AND SO- MP JTAN PRODUCT Famed Film Goes tc itan Pictures Join V ioing Into Effect J< Starting JANUARY 1st ALL COSMOPOLITAN PRODUCTIONS including the starring vehicles of MARION DAVIES will be added to the other great properties already announced by WARNER BROS. Friday, November 16, 1934 MOTION PICTURE DAILY 13 "We Live" Is $100,000 Hit At Music Hall "We Live Again" turned out to be the big Broadway noise of the week, going to $100,000, one of those grosses that make the Music Hall ushers ex- pand their chests until the buttons strain. In spite of the crowds headed to- ward 6th Ave. and 50th St. "Trans- atlantic Merry-Go-Round" rolled up $35,000 in 10 days at the Rivoli and "Kansas City Princess" did very well at the Roxy with $32,500. The Capitol had a quiet week with "Outcast Lady," getting only $28,500. "Amos 'n' Andy" were on the stage, too. "Mrs. Wiggs of the Cabbage Patch'" failed to strain the seating capacity of the Paramount. The take was $20,000. Estimated takings: Week Ending Nov. 7: "WE LIVE AGAIN" (U. A.) RADIO CITY MUSIC HALL — (5,945), 3^c-$1.65, 7 days. Stage show. Gross: $100,000. Week Ending Nov. 8: "OUTCAST LADY" (M-G-M) CAPITOL- (4,700), 35c-$1.65, J days. Stage: "Amos & Andy.' Gross: $28,5UO. ' MAN OF ARAN" (Gaumont-Bntish) CRITERION— (886). 55c-?2.20, 3rd week, 7 days. Gross: $3,500. "NOW AND FOREVER" (Para.) PALACE— (2,500), 25c-75c, 7 days. Vaude- ville. Gross: $12,000. MRS. WIGGS OF THE CABBAGE PATCH" (Para.) PARAMOUNT— (3,700), 35c-99c, 7 days. Gross: $20,000. "SIX-DAY BIKE RIDER" (Warners) RIALTO— (2,300), 25c-65c, 6 days. Gross: $9,500. "KANSAS CITY PRINCESS" (Warners) ROXY— (6,200), 25c-55c, 7 days. Stage show. Gross: $32,500. "ST. LOUIS KID" (Warners) STRAND— (2,000), 25c-55c, 7 days. Gross: $31,296. Week Ending Nov. 9: "TRANSATLANTIC MERRY-GO- ROUND" (U. A.) RIVOLI— (2,300), 40c-99c, 10 days. Gross: $35,000. Week Ending Nov. 11: "THE MERRY WIDOW" (M-G-M) ASTOR— (1,012), 55c-$2.20, 4th week, 7 days. Gross: $7,690. Week Ending Nov. 12: "365 NIGHTS IN HOLLYWOOD" (Fox) MAYFAIR— (2,300), 35c-65c, 7 days. Gross: $9,700. "Widow" at $6,500 Indianapolis High Indianapolis, Nov. 15. — "The Merry Widow" stood out in a dull week here, going to $6,500, over nor- mal by $2,000, at the Palace. "The Count of Monte Cristo" took $2,250 in a return engagement at the Apollo. Total first run business was $23,250. Average is $25,000. Estimated takings for the week end- ing Nov. 10 : "THE COUNT OF MONTE CRISTO" APOLLO— (1,171), 25c-40c, 7 days. Return engagement. Gross: $2,250. (Average, $2,500) "THE CAPTAIN HATES THE SEA" _ (Col.) CIRCLE— (2,638), 25c-40c, 7 days. Gross: $3,000. (Average, $4,000) "THE AGE OF INNOCENCE" Radio) INDIANA— (3,133), 25c-40c, 7 days. Gross: $5,500. (Average, $7,000) "MARIE GALANTE" (Fox) LYRIC— (1,896), 25c-40c, 7 days. Vaude- ville. Gross: $6,000. (Average, $7,000) "MERRY WIDOW" (M-G-M) PALACE— (2,431), 25c-40c, 7 days. Gross: $6,500. (Average, $4,500) "Missing" and "Dreams" Get Lead in L.A. Los Angeles, Nov. 15. — Football and other outdoor sports again bumped grosses, but not as much as had been expected in view of recent low takes. A dual at the Pantages, "Among the Missing" and "Girl of My Dreams," topped par by $1,100 on a gross of $4,300. "The Count of Monte Cristo" took $14,750 at the Chinese. "Six-Day Bike Rider" made a good showing at the RKO, $8,300, but it was weak at Warners' Hollywood on an $8,000 gross. Total first run business was $70,050. Average is $69,200. Estimated takings for the week end- ing Nov. 14: "THE COUNT OF MONTE CRISTO" (U. A.) CHINESE— (2,500), 30c-65c, 2nd week, 7 days. Stage: Sid Grauman's prologue, Ray- mond Paige and his orchestra. Gross: $14,750 "MARIE GALANTE" (Fox) LOEWS STATE— (2,413), 30c-55c, 7 days. Gross: $6,500. (Average, $14,000) "LIMEHOUSE BLUES" (Para.) PARAMOUNT— (3,595), 30c-55c, 7 days. Stage: Rube Wolf and his orchestra. Har- riet Hoctor and her ballet revue. Gross: $17,500. (Average, $18,000) "SIX-DAY BIKE RIDER" (Warners) RKO— (2,700), 25c-65c, 7 days. Gross: $8,300. (Average, $8,000) "SIX-DAY BIKE RIDER" (Warners) WARNER BROS. (HOLLYWOOD) — (3,000), 25c-65c, 7 days. Gross: $8,000. (Average, $14,000) "KENTUCKY KERNELS" (Radio) WARNER BROS. (DOWNTOWN) — (3,400), 25c-40c, 7 days. Stage: Six acts vaudeville, Oscar Baum and his orchestra. Gross: $10,700. (Average, $12,000) "AMONG THE MISSING" (Col.) "GIRL OF MY DREAMS" (Monogram) PANTAGES— (3,000), 2Sc-40c, 7 days. Gross: $4,300. (Average, $3,200) Peck's Boy" Gets ,000, Portland Portland, Nov. 15. — "Peck's Bad Boy" with the help of another excel- lent stage show grossed up to $8,000, or $3,000 over normal at the Para- mount. "Merry Widow" came up to aver- age and held for a second week at United Artists. "Wednesday's Child" plus stage show at Oriental had a take of $3,500, or but $500 over average. Total first run business is $25,600. Average is $22,000. Estimated takings for the week end- ing Nov. 9 : "HAPPINESS AHEAD" (F. N.) "HAVE A HEART" (Fox) BROADWAY— (1,912), 25c-35c-40c, 7 days. Gross: $4,800. (Average, $5,000) "AFFAIRS OF CELLINI" (U. A.) ORIENTAL— (2,040), 25c, 7 days. Gross: $2,500. (Average, $2,000) "WEDNESDAY'S CHILD" (Radio) HAMRICK'S ORPHEUM— (1,700), 25c- 35c-40c, 7 days. Gross: $3,500. (Average, $3,000) "GAY DIVORCEE" (Radio) MUSIC BOX— (1,000), 25c-35c, 7 days, 2nd week. Gross: $1,800. (Average, $2,000) "PECK'S BAD BOY" (Fox) PARAMOUNT— (3,008), 25c-35c-40c, 7 days. Stage show. Gross: $8,000. (Average, $5,000) "THE MERRY WIDOW" (M-G-M) UNITED ARTIST— (945), 25c-35c-40c, 7 days. Gross: $5,000. (Average, $5,000) Cobb Versatile Hollywood, Nov. 15. — Irvin Cobb, now writing an orig- inal for M-G-M, primarily designed for Will Rogers, is so flexible that in the event Rogers does not like it, the yarn will be assigned to Lionel Barrymore. So pleased are the M-G-M executives that they are now talking long term con- tract with him as a writer. Should such a deal be con- summated, it will automati- cally cancel his contract with Roach as an actor-writer. 64 Widow" Tops Detroit with $13,900 Take Detroit, Nov. 15. — Practically the only important money here last week went to "The Merry Widow" at the United Artists. The gross was $13,- 900, over normal by $3,900. Every other first run was away off, some as much as 60 per cent. The Fox, with "Age of Innocence," took only $5,200, under average by $9,800. Two of the big houses, the Fisher and State, had second run dual bills and the Broadway-Capitol had its first week of duals. Total first run business was $54,200. Average is $75,000. Estimated takings for the week end- ing Nov. 8: "ONE NIGHT OF LOVE" (Col.) (Second Run) ADAMS— (1,770), 10c-25c-40c, 7 days. Gross: $3,200. (Average, $5,000) "WAGON WHEELS" (Para.) "LEMON DROP KID" (Para.) B ROADWAY - CAPITOL— (3 ,449) , 15c-40c, 7 days. Gross: $5,000. (Average, $10,000) "BELLE OF THE NINETIES" (Para..) "GIRL OF LIMBERLOST" (Monogram) (Second Runs) FISHER— (2,975), 10c-30c-40c, 7 days. Gross: $6,100. (Average, $10,000) "AGE OF INNOCENCE" (Radio) FOX— (5,100), 15c-65c, including tax, 7 days. Stage: Al Trahan heading show. Gross: $5,200. (Average, $15,000) "PURSUIT OF HAPPINESS" (Para.) MICHIGAN — (4,100), 15c-65c, including tax, 7 days. Stage: johnny Marvin head- ing show. Gross: $15,900. (Average, $20,000) "BELLE OF THE NINETIES" (Para.) "GIRL OF THE LIMBERLOST" (Monogram) (Second Runs) STATE— (3,000), 10c-35c, 7 days. Gross: $4,900. (Average, $5,000) , "THE MERRY WIDOW (M-G-M) UNITED ARTISTS— (2,070), 25c-50c, 7 days. Gross: $13,900. (Average, $10,000) Ohio's Legislature Called on Sales Tax Columbus, Nov. 15. — Governor White has called the General Assem- bly in special session Nov. 19, to act on a sales tax, since the state requires approximately $85,000,000 to help bal- ance municipal budgets, and care for poor relief and school budgets. If the measure is not passed now, it is ex- pected the new General Assembly which convenes Jan. 3 will enact it, because schools in many districts have closed, or are preparing to close soon, and municipalities are threatening to curtail police and fire departments be- cause of lack of funds. The Ohio Mer- chants' Ass'n., heretofore opposed to the tax, now favors it with changes. "Widow" Hits Washington's Top, $20,000 Washington, Nov. 15. — Most of the theatre excitement in this section was stirred by "The Merry Widow" last week. It ran up to $20,000, over normal at Loew's Palace by $5,500. "One Night of Love" was still in the big money in the third week of a return engagement, going oyer par by $1,900 at the Metropolitan. Business elsewhere was weak. Total first run business was $71,200. Average is $71,200. Estimated takings, exclusive of tax, for the week ending Nov. 8: "HAPPINESS AHEAD" (Warners) EARLE— (2,218), 25c-77c, 7 days. Stage: "Sidewalk Cafe Revue" with Benny Ross, m. c, Charon Decries, Wheeler Twins, Jimmy Savo, Maxine Stone, Harold Boyd & Bouncers. Gross: $17,000. (Average, $17,- 600) "LOVE TIME" (Fox) LOEW'S COLUMBIA— (1,264), 25c-40c, 7 days. Gross: $2,200. (Average, $3,100) "TRANSATLANTIC MERRY-GO- ROUND" (U. A.) LOEW'S FOX— (3,434), 25c-66c, 7 days. Stage: Mario & Florio, Barbara Jason, Janet May, Jack Denny & Orchestra. Gross: $19,000. (Average, $20,500) "THE MERRY WIDOW" (M-G-M) LOEW'S PALACE— (2,370), 35c-77c, 7 days. Gross: $20,000. (Average, $14,500) "ONE NIGHT OF LOVE" (Col.) METROPOLITAN— (1,591), 25c-40c, 7 days, return engagement, 3rd week. Gross: $6,000. (Average, $4,100) "GIFT OF GAB" (Univ.) RKO-KEITH'S— (1,836), 25c-55c, 5 days. Gross: $3,500. (Average, $11,400) "LADY BY CHOICE" (Col.) RKO-KEITH'S— Two days, to complete week of above. "La Cucaracha" added. Gross: $3,500. Buffalo to Depend On Legion Ratings Buffalo, Nov. 15. — No intention to follow the lead of Warners in Phila- delphia, whereby films are designated as for family or adult audiences, is contemplated by Buffalo Theatres, Inc., only circuit operating first run houses here. Schine and the Basil Bros, have only second run houses and do not figure much in the adver- tising. The attitude here seems to be that such selectivity would be a constant breeder of headaches. The Buffalo council, Catholic Legion of Decency, each week issues a list of approved first run pictures, classified as for adult or family audiences. Because of the cooperative attitude of Dr. Edward S. Schwegler, diocesan director of the Legion, theatres gen- erally prefer to abide by his selections. Expect New Ohio Censor Columbus, Nov. 15. — Few official announcements have been made by Governor-elect Davey as to the new state setup, but it is believed that Joseph Fichter, assistant state director of education, will be promoted to state director, to succeed Dr. Beverly O. Skinner. The state director is ex- officio head of the censor board. Start Family Shows Salt Lake City, Nov. 15. — Weekly family shows have been started at the Capitol. The Salt Lake City Parent- Teachers' Council is sponsoring the programs and Perry Rockwood, state chairman, is supervising the children each week. 14 MOTION PICTURE DAILY Friday, November 16, 1934 "Widow" Gets Big $19,000, Kansas City Kansas City, Nov. 15. — "The Merry Widow" was the picture of the week, ringing up $19,000 at the Mid- land, a gross which recalled old times. "Big Hearted Herbert," with Guy Kibbee exploited as a, former local stock favorite, gave the Tower a good seven days with $7,900. "Judge Priest" box-office activity at the Uptown was strong to the last day of the extended run, the take of the third and last week being $4,600. Attendance of several thousand visi- tors at a state teachers' convention helped downtown showshops. Total first run business was $43,300. Average is $35,300. Estimated takings : Week Ending Nov. 7: "THE CASE OF THE HOWLING DOG" (Warners) NEWMAN— (1,800), 25c-40c, 6 days, plus Saturday midnight show. Gross: $3,800. (Average, 6 days, $5,800.) Week Ending Nov. 8: "SIX-DAY BIKE RIDER" (F. N.) MAINSTREET— (3,100), 25c-35c-45c (plus tax), 7 days, plus Saturday late show. Stage: Polly Moran, Hal Sherman, Radio Ramblers, Great Gretonas, Grace Edler & Reed Bros. Goss: $8,000. (Average, $9,000.) "THE MERRY WIDOW" (M-G-M) MIDLAND — (4,000), 25c-40c, 7 days, plus Saturday midnight show. Gross: $19,000. (Average, $10,000.) "BIG HEARTED HERBERT" (Warners) TOWER — (2,200), 2Sc-3Sc, 7 days, plus Saturday midnight show. Stage: "Tune- town" revue, with Bob Hall, Ray & Harri- son, La Belle Pola, Madie & Ray, Forbes & Lundell, Paul Spor, m. c. Gross: $7,900. (Average, $7,000.) "JUDGE PRIEST" (Fox) UPTOWN— (2,000), 25c-40c, 7 days, 3rd week. Gross: $4,600. (Average, $3,500.) Variety Club Chatter Cincinnati Cincinnati, Nov. 15. — Thirty-five barkerettes attended the first ladies' day at the local club under sponsor- ship of the three queens for the day, Prisciixa (Mrs. Allen) Moritz, Ann (Mrs. Maurice) White and Betty (Mrs. Ralph) Kinsler. Bridge and keno were the pastimes. The club is to be placed at the dis- posal of the women each Wednesday afternoon until 5 P. M. The first annual dance and frolic, scheduled for mid-November, has been postponed until after the first of the year. P. J. Wood, member of Tent No. 2, was a visitor. At Monday's meeting King for the Day Nelson Trowbridge supplied some internationally known talent. A club luncheon in the Netherland- Plaza Frontier Room preceded the meeting. "Chu Chin" Pulls ,000, Montreal Montreal, Nov. 15. — Theatres had it pretty much their own way last week, sport competition being at its weakest. The relative leader was "Chu Chin Chow" at the Princess which went to $9,000, or 50 per cent above par, and was held over. "The Dragon Murder Case" and a girl show on the stage brought $12,000 to Loew's while "British Agent" hit $11,500 at the Palace, both being above average at the box-office. Total business was $41,000. Aver- age is $37,000. Estimated takings for the week end- ing Nov. 10: "MRS. WIGGS OF THE CABBAGE PATCH" (Para.) "GIFT OF GAB" (Univ.) CAPITOL— (2,547), 25c-35c-4Oc-50c-60c, 7 days. Gross: $8,500. (Average, $9,500.) "THE DRAGON MURDER CASE" (F. N.) LOEW'S— (3,115), 30c-40c-45c-57c-75c, 7 days. Stage: Anatol's "Affairs of 1935," with Harry Rose. Gross: $12,000. (Average, $10,500,) "BRITISH AGENT" (F. N.) "DESIRABLE" (Warners) PALACE— (2,600), 34c-40c-50c-60c-75c, 7 days. Gross: $11,500. (Average, $11,000.) "CHU CHIN CHOW" (British) "CUCKOO IN THE NEST" (British) PRINCESS— (2,272), 30c-35c-50c-65c, 7 lays. Gross: $9,000. (Average, $6,000). Brent Opposite Francis Hollywood, Nov. 15. — George Brent annexes the chief role opposite Kay Francis in "Living on Velvet," which Warners is producing. The film has started, Frank Borzage directing. Cleveland Cleveland, Nov. 15. — The first an- nual banquet and ball of the local Variety Club drew 700 guests. Presi- dent Frank Drew and the directors met the guests attired in their official "barker" costumes of red coats and top hats. During the banquet some 40 acts were presented, representing practi- cally every night club in the city, as well as members of the cast of "As Thousands Cheer." The floor enter- tainment started at 10 :30 and was con- tinuous until 3 A. M. Nat Wolf, Warner zone manager, was in charge. Waiters wore different costumes with each course and marched in in file to appropriate music furnished by Maurice Spitalny, Angelo Vitale and Mike Speciale. With the fish course they wore slickers and rain hats. Wild west costumes accom- panied the meat course. As the guests entered, each woman received a corsage of gardenias, and each man a white carnation. In addition to the hundreds of guests from Cleveland, there were delegations from all surrounding Variety Clubs. Duke Clark headed a party of 30 from Columbus. Jack Fmnn brought 30 from Detroit. Dave Miller had 10 in his party from Buffalo. Allan Moritz headed the Cincinnati gang of 10 and from Pittsburgh came John Harris, national Variety Club presi- dent; Harry Kalmine, chief barker and 10 of their members. Nat Holt, RKO division manager, was general chairman. Detroit Detroit, Nov. 15. — Variety Club started keno, bridge and pitch Nov. 10 and every Saturday evening through the winter. Other events are being planned for winter evenings. Washington Washington, Nov. 15. — Tent No. 11 went international last week when Edward Heiber and Robert J. Fol- liard, the kings for a day, staged an Italian luncheon, replete with red checkered tablecloths and the fixings. In keeping with the menu, the en- tertainment was also Italian, with Italian artists headed by Jimmy Savo. Larry Elliott, CBS an- nouncer, acted as master of ceremonies. Variety also took on the aspect of a high court of law, when John J. Payette was brought before the bar of Justice to answer for high crimes, misdemeanors and other infractions, chief and most heinous offense being his resignation as chief barker. Barker Payette pleaded guilty to the long list — three pages long — of viola- tions read by A. Julian Brylawski, "clerk of the court." The sentence handed down by "Judge" Rudolph Berger, following the presentation of a portable bar to the defendant, was that Malefactor Payette should for the next 50 years serve only good drinks. Tent No. 11 has suffered its first casualty in its membership rolls with the transfer of Joseph J. Oulahan to Cincinnati where he becomes branch manager for Paramount. Gets Majestic Franchise Cleveland, Nov. 15. — Nate Schultz, president of Selected Pictures, has taken over from Morris Segal the Majestic franchise for northern Ohio. He will release the product under the firm name of Majestic Film Exchange, Inc. Segal, original Majestic franchise owner for Ohio and Kentucky, has sold the Kentucky right to Lee Gold- berg of Big Feature Rights, Louis ville. He is keeping the franchise for southern Ohio. May Roadshow 'Sequoia* Hollywood, Nov. 15. — M-G-M's "Sequoia," which has been two years in the making under the direction of Chester Franklin, is thought good enough by studio heads to roadshow. Following a preview last week, the studio rushed the film to New York for an opening. No local release has yet been planned. The picture is an outdoor drama featuring Jean Parker and revolving around a lion cub and a fawn. Eagles on G. B. Publicity Hollywood, Nov. 15. — Harry Eagles, for many years associated with Herman Wobber in San Francisco, is here at the Fox exchange to handle coast publicity for Gaumont British, His first bid to put G. B. in the papers here will be the staging of a preview of "Chu Chin Chow" at the Ambas sador Hotel theatre. Newman, Jr., to Marry Seattle, Nov. 15. — Frank L. New- man, Jr., will marry Carolyn Lang of Portland in January. Newman is the son of F. L. New man, executive head of Evergreen State Theatres, Inc. He is at present managing the Paramount in Portland. A. H. Blank Takes Rest Kansas City, Nov. 15.— A. H Blank, Des Moines circuit operator, has been taking the rest cure at Ex- celsior Springs, Mo., near here Friends from Kansas City are fre- quent visitors. "Divorcee" Is Big 2nd Week Frisco Draw San Francisco, Nov. 15. — For the second week "The Gay Divorcee" set the pace here by garnering $16,000 at the Golden Gate. This is $3,000 over a first week average. The only other important attraction in town from the box-office standpoint was "The Merry Widow" which took $24,000, up by $1,000, at the Warfield. A dual bill, "Madame Du Barry" and "Gambling," took a par $11,000 at the Paramount. Total first run business was $82,000. Average is $83,000. Estimated takings: Week Ending Nov. 6: "THE GAY DIVORCEE" (Radio) GOLDEN GATE— (2,800), 25c-35c-40c, 7 days, 2nd week Stage: Band. Gross: $16,000. (Average, $13,000) Week Ending Nov. 7: "WAGON WHEELS" (Para.) "FIREBIRD" (Warners) FOX— (4,600), 15c-30c-40c, 7 days. Gross: $10,000. (Average, $11,000) "MADAME DU BARRY" (Warners) "GAMBLING" (Para.) PARAMOUNT— (2,670), 25c-35c-55c-65c, 7 days. Gross: $11,000. (Average, $11,000) "THE MERRY WIDOW" (M-G-M) WARFIELD— (2,700), 25c-35c-55c-65c, 7 days, 2nd week. Gross: $24,000. (Average, $23,000) Week Ending Nov. 8: "GIFT OF GAB" (Univ.) "DUDE RANGERS" (Fox) ORPHEUM— (3,000), 15c-30c-35c-40c, 7 days. Gross: $8,000. (Average, $9,000) "BARRETTS OF WIMP OLE STREET" (M-G-M) ST. FRANCIS— (1,400), 15c-35c-55c, 7 days. Gross: $7,000. (Average, $8,000) "THE LAST GENTLEMAN" (U. A.) UNITED ARTISTS— (1,200), 15c-35c-55c, 7 days, 2nd week. Gross: $6,000. (Average, $8,000) "Love" Third Week Grosser in Denver Denver, Nov. 15. — "One Night of Love" is the first picture here to play three first run houses in three weeks, and even in the third week in the third house it took $2,400, over normal by $400. The house was the Paramount. The musical started at the Denver and was then switched to the Aladdin. Total first run business was $22,150. Average is $20,500. Estimated takings for the week end- ing Nov. 8: "WHOM THE GODS DESTROY" (Col.) ALADDIN— (1,500), 25c-35c-50c, 7 days. Gross: $2,500. (Average, $2,500) "MENACE" (Para.) DENHAM— (1,500), 25c-35c-50c, 7 days. Gross: $3,750. (Average, $4,000) "LADY BY CHOICE" (CoL) ORPHEUM— (2,600), 25c-35c-50c. 7 days. Gross: $6,000. (Average, $6,000) "MARIE GALANTE" (Fox) DENVER— (2,500), 25c-35c-50c, 7 days. Gross: $7,500. (Average, $6,000) "BLIND DATE" (CoL) PARAMOUNT— (2,000), 25c-40c, 3 dayi. Gross: $600. "ONE NIGHT OF LOVE" (Col.) (Second Run) PARAMOUNT— (2,000), 25c-40c, 4 days. Gross: $2,400. (Average for week, $2,000) Assign Dorothy Arzner Hollywood, Nov. 15. — Dorothy Arz- ner's first assignment as a Columbia producer will be "Maid of Honor," a best-seller by Katherine Brush. No cast has yet been set. KETTI GALLIAN for the Chicago Tribune's 771,190 circulation: r(,Slim Ketti is an electric, lovable personality. She is clever, spontaneous, intuitive, and mighty pretty. Emotion- ally facile, she slips from gayety to fear, to sadness believably and appealingly. She has the faculty of expressing much with hands and eyes. A real find, this newcomer. Time" magazine, too, alert to new important personalities, sings her praises: Ketti Gallian has a quick charm and an informal blonde beauty" 16 MOTION PICTURE DAILY Friday, November 16, 1934 Richards Remains As Saenger's Head (Continued from page 1) was followed with approval by the reorganization committees at a later meeting. As also designated in the original Saenger reorganization plan, which was published exclusively in Motion Picture Daily of June 7, Richards will acquire SO per cent of the out- standing stock of the new Saenger company. The original plan, however, stipulated that Richards was to receive all of the Class A and Paramount all of the Class B. The new agreement shuffles the voting and income stock in Paramount's favor but still gives Richards a 50 per cent interest, it is understood. The agreement completes the Saen- ger reorganization plan which will now be speeded to the courts in the hope of effecting the reorganization prior to Jan. 1, as contemplated in the original plan which stipulated that if the plan were not in effect by that date it would be considered to have been abandoned. Objections Made to Allied Owners Plan (Continued from page 1) securities aggregating $400,000, pre- sented the protest and asked for a de- lay. He was warned that a series of adjournments would put completion of the plan back beyond Dec. 31. Most of the hearing was devoted to questioning of William N. Greve, president. The special master inter- rupted and declared that the question- ing was covering ground previously examined and that the attorneys could find their information in a transcript of the testimony. The proposed reorganization is un- der Section 77B of the new bankruptcy laws, and it is understood that Loew's, Inc., will not extend its offer for some houses involved beyond the end of the year. Allied was formed as a financing or- ganization and has interests in the Brooklyn Paramount, Loew's Kings, Loew's Pitkin, Loew's Valencia, and other houses in Birmingham, Fremont, O., and Glens Falls, N. Y. Transfer Five Ohio Spots to Para. Unit (Continued from page 1) Palace and Rialto at Hamilton, and the Paramount and Strand at Middle- town, by the Taft estate, owners. Harry L. Royster was elected vice- president and general manager of the new operating company for the five houses. B. Fields, of counsel for the Paramount Publix trustees, repre- sented the lessor in the conclusive transactions. The transfer is in ac- cordance with the plan of settlement of the Taft estate's claims against Par- amount Publix arising out of bond and lease guaranties. The settlement plan was approved by the Federal court in New York some time ago. Smith Goes to Frisco Cincinnati, Nov. IS. — George Smith, manager of the Paramount branch, has been transferred to the San Francisco office. Joseph Oulahan comes here from Washington, D. C, as Smith's successor. Brisbane Pays High Honor to Pickford Arthur Brisbane yesterday paid tribute to Mary Pickford at the Ampa. Miss Pickford has been named honorary president of the women's division of the association. Brisbane stated "Miss Pickford typifies Ameri- can womanhood and is a credit to the industry." The famous editorial writer struck a humorous note when he revealed that upon his arrival at the M. P. Club he was given a speech written by one of the publicity men. He said : "That's the way some of the bosses in the film industry make speeches, but I dictated mine to a dictagraph, which I have in my car, on my way down to business this morning." Brisbane presented Miss Pickford with a scroll of life membership to the Ampa. In accepting the scroll, Miss Pick- ford said : "It's a happy day and a joyous occasion when I find myself among my own people. Today is no excep- tion. I find my words sticking in my throat as I try to tell you how much I am moved by this happy occasion. Radio and the stage can never take the place pictures hold in my heart." Other guests at the meeting in- cluded Eddie Rickenbacker, Clarence Brown, Frank Buck, Benita Hume, Nick Lucas, Sir Gerald Campbell, Uncle Don and Harry Hershfield Charles C. Petti john was guest chair- man. BIP Has 12 on Its Lineup; 5 in Work London, Nov. 15. — Twelve features are in the lineup of B. I. P. for the coming season, according to John Maxwell, company head. Production supervision will be handled by Walter Mycroft. Five pictures are already in work. These are "Abdul Hamid," "The Old Curiosity Shop," "Dandy Dick," "Mc- Glusky, the Sea Rover" and "Radio Parade of 1935," part of which will be done in color. The other seven proposed are "Drake of England," "La Boheme," "The DuBarry," "Dance Band," "Blackbirds of 1935," a picture unti- tled but starring Henry Hall and his B. B. C. Dance Orchestra, and "Invi- tation to the Dance." Grant to Run M. P. Office Hollywood, Nov. 15. — Jack Grant has moved in as head of the Holly- wood office of Motion Picture Pub- lications. Dorothy Donnell will re- main as western editor under the supervision of Grant, who is also per- sonal representative for Stanley V. Gibson, the publisher. Grant's first move was to call a meeting with producers to iron out difficulties which have placed Motion Picture and Motion Picture Classic on the studio black list. Lisbon Giveaways Hit Cleveland, Nov. 15. — The grievance board has issued a cease and desist order to George Manos, Lisbon, upon complaint of Robert Madigan, Opera House, Lisbon, against "Farm Nights." The board dismissed a complaint of Manos against Madigan, charging re- duced admissions. Settlements End 4 Neb. Theatre Suits Lincoln, Neb., Nov. 15. — Settle- ments have been made in four suits against 13 distributing agencies in Nebraska. The suits, filed in Federal district court here, asked damages ag- gregating $217,500. The plaintiffs were Clarence J. Kremer, Stanton, who sought $62,500 ; C N. Robinson, Blair, $52,500; Eric Wesselman, Pierce, $61,500; and G. G. Griffin, Plattsmouth, $42,000. Defendants were Omaha Film Board of Trade, Paramount Publix Corp., First National Pictures Dis- tributing Corp., M-G-M Distributing Corp., Universal Film Exchanges, Inc., Fox Film Corp., United Artists Corp., RKO-Pathe Distributing Corp., Vitaphone Distributing Corp., M. P. P. D. A., Publix Theatres Corp., and Publix-Nebraska, Inc. Paul F. Good, attorney for the plaintiffs, revealed the settlement was $20,000, Wesselman and Robinson each receiving $6,000 and Griffin and Kremer $5,000 each. The actions were brought on grounds similar to those in the noted Youngclaus case — allegations being made that small theatres were forced by the defendants to give protection to larger theatres. This protection, it was charged, forced the small theatre owners to show second run pictures at a loss in revenue. Appeals Committee Hears K. C. Charges While George J. Schaefer and Ed- ward Golden were on their way to Kansas City yesterday to straighten out the clearance and zoning sched- ule, a special Campi appeal committee, comprising Charles L. O'Reilly, Jos- eph Seider and Harry H. Buxbaum heard four grievance complaints against exhibitors in that territory in- volving reduced admissions. The cases were: Mrs. A. Baier, Lindberg, Kansas City, against J. F. Rigney, Westport, same city ; Ritz, Chillicothe, O., against Glen Dickin- son, Dickinson, same city; Clyde B. McAleer, Orpheum, Parsons, Kan., against Dickinson's Uptown, same city; C. A. Schultz, Strand, Creston, la., against Glen Dickinson, Dickinson, same city. Johnston to Confer Kansas City, Nov. 15. — W. Ray Johnston arrived here from the coast today and tomorrow will meet Edward Golden, who arrives from New York with George J. Schaefer on local clear- ance and zoning matters. Johnston and Golden will confer on Monogram sales and production plans and leave here Saturday for New York. Golden today was in Chicago con- ferring with Irving Mandel of Se- curity Pictures, Monogram franchise holder. New Buying Charge Made Against Reade Another overbuying complaint has been filed against Walter Reade in New Jersey. This time Sidney Sam- uelson, president of Allied of New Jersey, filed a protest for Joseph Sic- ardi of the Liberty, Plainfield, claim- ing that Reade overbought for his Strand, Oxford and Paramount in the same city. Hearing is set for next Tuesday. Short Subjects "Rhapsody in Steel" (Al Bondy) This short subject, produced by Audio Prod., is a distinct novelty and one that should create comment no matter where played. It's a commer- cial film, one that takes the audience through every step in the manufacture of a Ford automobile, but the photog- raphy is so unique and striking that What Symbols Mean The "G" symbol indicates general entertainment. The "A" symbol indicates adult entertainment. this phase of the picture alone is enough to make it stand out. Every process in the manufacturing of the car is covered in detail from the forging of the steel, the stamping of the various parts and assembling them down to the final polishing of the finished product. As novelty entertainment this is highly recommended. No code seal. Running time, 15 mins. Classifica- tion : "G." "Done in Oil" (Roach-M-G-M) Thelma Todd and Patsy Kelly, aided by Arthur Housman, Eddie Conrad and Leo White, here combine to pro- duce an amusing short. Miss Todd and particularly Miss Kelly resort less to slapstick here than in any of their previous comedies and the re- sults are much more favorable. The dialogue is appropriate and the situa- tions and entire story novel. Code seal, No. 218. Running time, 20 mins. Classification : "G." "The Big Mouthpiece" (Radio) The title fully explains this one. It is very talkative, but not very enter- taining. Chick Chandler, as a fledg- ling lawyer that loves the sound of his own voice, monopolizes the pic- ture and fails to click here as a comedian. Tom Kennedy and Jeanie Roberts are also in the cast. Code seal, No. 213. Running time, 20 mins. Classification : "G." "Rugby" (M-G-M) With off-screen comments by Pete Smith, this short explains the game of rugby. It should interest those audiences who are sport-minded, but its appeal to the general type of the- atregoer is doubtful. Its subject mat- ter is too little known. Code seal, No. 175. Running time, 10 mins. Classifi- cation : "G." Charter March of Time Albany, Nov. 15. — March of Time, Inc., New York City, has been char- tered with capital of 200 shares non- par value stock to deal in films. Henry C. Walter, Jr., Gilbert W. Oswald and Keith T. Middleton are directors and subscribers. Cravath De Gersdorff, Swaine & Wood, are attorneys for the corporation. "Waltz Time" to Open "Waltz Time in Vienna," musical produced in Austria by Ludwig Ber- ger, will open tomorrow for a run at the 55th St. Playhouse. N. L. NATHANSON Operates 153 theatres, spends upward of $3,000,000 annually for film. He reads MOTION PICTURE DAILY Industry Buying Power Reads ION PICTURE DAILY THE INSIDE STORY OF THE LOVES and LOVERS OF THE MOST FAMOUS SONG BIRD IN THE WORLD! EVELYN LAYE *£vsrisond OPENING TODAY • ROXY COMING . . . GEORGE ARLISS in "THE IRON DUKE PHYSICAL DISTRIBUTION • FOX EXCHANGES • CANADA, REGAL FILMS, LTD, The Leading Picture Industry MOTION PICTURE DAILY Alert, Intelligent the In in All Branches OL. 36. NO. 119 NEW YORK, MONDAY, NOVEMBER 19, 1934 TEN CENTS \greement on Eight of Para. Directors Set \ ames Will Be in Plan To Go Before Court Agreement on candidates for the rst board of directors of reorganized 'aramount which, at the outset, will umber eight or nine of a projected Dmplete membership of 12 or 14, vir- lally has been agreed upon in organization circles. Those about whose candidacy there dw remains but little doubt are : dolph Zukor and George J. Schaefer, f Paramount ; Frank A. Vanderlip iid Dr. Julius Klein, of the Yander- p bondholders' protective committee ; uncan A. Holmes and Maurice New- of the Holmes stockholders' pro- :ctive committee, and Percy Johns- m and George W. Davison, of the aramount bank creditors' group, [ewton is associated with Hallgarten (Continued on page 6) Crpi Para. Claim Set at $1,200,000 Settlement of Erpi's $1,884,000 claim jainst Paramount Publix, agreed to :cently by the Paramount trustees id scheduled for immediate filing ith the Federal district court, pro- ides for a $1,200,000 consideration to rpi and the issuance to Paramount of (Continued on page 6) Vo Rialto Change Is Expected for a Year Although new interests have bought ito the Rialto Theatre and building, o new structure, if any, will be rected to replace the present play- ouse until Nov. 1, 1935. Arthur Mayer, operating for Para- lount for the last year and a half, (Continued on page 4) Now Up to Members Hollywood, Nov. 18.— Direc- tors of the Screen Actors' Guild yesterday approved the agreement under which the organization will receive a charter from the Associated Actors and Artistes of Amer- ica giving it full union juris- diction over the picture field. Ballots are now being mailed to the approximately 50€ class A members for ratification. 10,263 Houses Grossed $414,468,000 in 1933 $93,907,000 N. Y. Theatres' Take in '33, Bureau Says Washington, Nov. 18. — Nearly 25 per cent of the nation's theatre business is centered in the State of New York, where 879 theatres last year had total box-office receipts of $93,907,000, it was announced tonight by the U. S. Census Bureau. The bureau's study showed 820 picture houses with receipts of $85,- 150,000 and pavrolls of $17,686,000; 29 picture and vaudeville theatres with receipts of $4,850,000 and payrolls of $1,640,000, and 30 degitimate theatres and operas with receipts of $3,907,000 and payrolls of $1,454,000. Nearlv half of all the houses in the state are located in the City of New York, where 424 houses took in $70,360,000 on payrolls of $16,113,- 000. The bureau counted 382 picture theatres with receipts of $63,882,000 and payrolls of $13,595,000; 13 picture and vaudeville with receipts of $2,578,000 and payrolls of $1,069,000, and 29 legitimate houses with receipts of $3,900,000 and payrolls of $1,449,000. A breakdown of the city figures shows that Manhattan had 144 picture (Continued on page 5) Loew's 1934 Profit Up to $7,479,897 Net profits of Loew's, Inc., and wholly owned subsidiaries for the fiscal year ending Aug. 31 were nearly double those for the previous year. The total, after interest, de- preciation and Federal taxes, was $7,479,897.41. For the previous year they were $4,034,289. This year's figure, an increase of $3,445,608.41, brings the net almost back to the 1932 level of $7,961,314 and is more than half of the five-year record of $14,600,332 set in 1930. Earned surplus for the year ending in August is given as $37,667,062.66, a gain of $3,966,740.66 over the previ- ous year. Gross income for the current year, (Continued on page 5) Pathe 39-Week Net Totals $78,165.13 Pathe Exchange, Inc., made a net profit of $78,165.13 during the 39 weeks ending Sept. 29 and cut its deficit by that amount, according to (Continued on page 5) Sale of FWC Up Today for McNabb O. K. Los Angeles, Nov. 18. — Referee S. W. McNabb will act tomorrow on the petition of National Theatres Corp., which on Nov. 8 bid $14,782,722 for the assets of Fox West Coast The- atres. The sale tomorrow is private and the bid is expected to be accepted without delay. According to the petition, National will pay 100 cents on the dollar to creditors of claims totaling the amount of the bid. The circuit is said to be in fine operating shape. Although they are agreed on the terms of their 10-year joint contract, Spyros and Charles Skouras have not yet signed the pact. It is said that they do not agree to the form involved, (Continued on page 6) Rosenblatt May Get NRAComplianceJob Washington, Nov. 18. — The ele- vation of Division Administrator Sol A. Rosenblatt to director of com- pliance for the NRA is reported in (Continued on page 5) 9,499 Straight Picture Theatres Did Bulk of $356,316,000 The business chart of the nation's theatres in 1933 ap- pears in full detail on page 4. By CLARENCE LINZ Washington, Nov. 18. — A total of 10,263 theatres with box-office receipts last year of $414,468,000 have been counted throughout the United States by the U. S. Census Bureau, it made public tonight. Of the total 9,499 were motion pic- ture houses with receipts of $356,316,- 000 and 642 were picture and vaude- ville houses with receipts of $49,541,- 000. Legitimate theatres numbered but 122 and their receipts were but $8,611,- 000, or slightly more than two per cent of the total national box-office parade. Nearly 80 cents out of every dollar spent for amusement goes into the box- office of theatres showing motion pic- tures, analysis of the bureau's figures disclosed. Total expenditures last year for all amusements, including theatres, races, bowling and billiards, etc., were placed at $519,497,000. Slightly more than one-fourth of all theatre receipts are taken by the houses in the seven largest cities, it (Continued on page 4) Cleveland 10-Cent Rate to Be Argued Cleveland, Nov. 18. — To discuss the growing prevalence of slashing ad- mission prices at local subsequent runs, the Cleveland M. P. Exhibitors' Ass'n has called a general meeting for Wednesday. Non-members in the Greater Cleveland area have been invited. First run and first run neighbor- (Continued on page 5) Organizing Checkers of the various Broadway houses are plan- ning to hold daily meetings along the Main Stem to ex- change news. As it stands, the spotters know each other by sight and do their talking informally. MOTION PICTURE DAILY Monday, November 19, 19: MOTION PICTURE DAILY (Registered U. S. Patent Office) Vol. 36 November 19, 1934 No. 119 Martin Quigley Editor-in-Chief and Publisher MAURICE KANN Editor JAMES A. CRON Advertising Manager Published daily except Sunday and holi- days by Motion Picture Daily, Inc., sub- sidiary of Quigley Publications, Inc., Martin Quigley, President; Colvin Brown, Vice-President and Treasurer. Publication Office: 1790 Broadway, New York. Telephone Circle 7-3100. Cable ad- dress "Quigpubco, New York." All con- tents copyrighted 1934 by Motion Picture Daily, Inc. Address all correspondence to the New York Office. Other Quigley pub- lications: MOTION PICTURE HERALD, BETTER THEATRES, THE MOTION PICTURE ALMANAC and THE CHI- CAGOAN. Hollywood Bureau: Postal Union Life Building, Vine and Yucca Streets, Victor M. Shapiro, Manager; Chicago Bureau: 407 South Dearborn Street, Edwin S. Clif- ford, Manager; London Bureau: Remo House, 310 Regent St., London, W. 1, Bruce Allan, Representative. Cable address: "Ouigpubco, London"; Berlin Bureau: Berlin - Tempelhof, Kaiserin - Augustastrasse 28, Joachim K. Rutenberg, Representative; Paris Bureau: 19, Rue de la _ Cour-des- Noues, Pierre Autre, Representative; Rome Bureau: Viale Gorizia, Vittorio Malpassuti, Representative; Sydney Bureau: 102 Sus- sex Street, Cliff Holt, Representative; Mex- ico City Bureau: Apartado 269, James Lockhart, Representative; Glasgow Bureau: 86 Dundrennan Road, G. Holmes, Repre- sentative; Budapest Bureau: 3, Kaplar-u. Budapest, II, Endre Hevesi, Representa- tive; Moscow Bureau: Civtzev Vrazhek, N. 25, Apart. 146, Moscow, U. S. S. R.. Bella Kashin, Representative. Cable ad- dress: "Samrod, Moscow." Entered as second class matter, January 4, 1926, at the *Post Office at New York City, N. Y., under Act of March 3, 1879. Subscription rates per year: $6 in the Americas, except Canada $15 and foreign $12. Single copies: 10 cents. Columbia Lines Up Exploitation Staff Columbia has decided to put on ad- ditional exploiteers to work on "Broadway Bill" key center opening dates, following a two-day eastern managers' session at the St. Moritz. Among the exploiteers are John Cur- ran, Boston ; Fred Marshall, Phila- delphia ; Harold Harris, Cincinnati ; Jack Thoma, Chicago; Ted Toddy, Atlanta ; Mike Roth, Kansas City ; Mike Newman, Los Angeles ; Jean Finley, Dallas ; Eddie Meek, Los Angeles. A special trade showing will be held at the Astor on Wednesday. The conventioneers saw the picture Satur- day before leaving for their respective territories. Attending the conclave were : Abe Montague, Joe McCon- ville, Rube Jackter, Louis Weinberg, Lou Astor, J. W. McFarland, Abe Schneider and Herschel Stuart of the home office ; I. H. Rogovin, New Haven ; T. F. O'Toole, Boston ; C. N. Johnson, Albany; H. E. Weiner, Philadelphia ; S. A. Galanty, Wash- ington ; A. H. Levy, Pittsburgh ; Toe Miller, Buffalo; Nat Cohn and Ed- ward Schnitzer, New York ; A. S. Moritz, Cleveland; C. H. Schalit, Detroit ; M. Solomon, Indianapolis. Cohn Back Wednesday Jack Cohn, vice-president of Colum- bia, arrives Wednesday aboard the Conte de Savoia. Insiders9 Outlook MUCH of significance in the attitude of the Catholic Church toward films is embodied in the two statements issued by the general conference of its bish- ops in Washington late Friday night. For instance, the failure of that conference to agree on the boycott question, with Cardinal Dougherty, whose purple wields an influence of force in the Phila- delphia diocese, stands out in sev- eral respects. The bishops, you understand, did not in so many words declare they disagreed with the Philadelphia ban which has created serious theatre disturb- ance in that section, yet their con- clusions inevitably point out that they did. . . . T Little comfort for the industry is offered in the text of the pub- lished statements of warning and indicated action. The bishops made it very clear that a national boycott, duration one week at least, impends if the industry's pledge to the Legion of Decency to "maintain decent standards in production" is not observed to the hilt. Yet comfort of a sort there is in their attitude. The hier- archy warned, it is true, but it also left the road open, predicated on the small, but big, word "if." The industry, once again, there- fore, cannot plead ignorance. It has been told where it stands and this is it: If decent standards, ap- praised through Catholic eyes, are not maintained, the penalty will be theatre abstinence by church members. . . . T From the statements, repub- lished because of their clarity, in- tent and scope : "No group of men are less inclined than the Catholic bish- ops to interfere with legitimate amusements, or, in these times of trial and uncertainty, to de- prive people of any pleasure that may bring joy into their lives. . . . The campaign against the crimes and transgressions of the makers of moving pictures has been undertaken with no other purpose than to show that a clear line must be drawn be- tween what is elevating and in- structive and what is debasing and degrading. ... If every community continues to insist that only clean pictures be shown, the producers will not find it profitable to return to their old ways of exploiting the weakness of human nature." . . . T Casting all doubts to the wind, if there were any, about a reor- ganized Paramount as it has to do with one Adolph Zukor comes the sweeping, late-last-week state- ment from Trustees Richardson, Hilles and Leake. Listen to part of what they had to say : "At no time has there been any . . . clash or difference, either in purpose or method, be- tween Mr. Zukor and the trus- tees. . . . The trustees . . . have found themselves in full and harmonious accord with him in . . . policies. . . . The trustees . . . recognize his great value and importance to Paramount and they are confident that all who are interested in the wel- fare of Paramount and are fa- miliar with its affairs also know Mr. Zukor's record and recog- nize his great value to the enter- prise." . . . ▼ To contemplate Paramount, as it stands or as it may be reorgan- ized, without Zukor's participa- tion would be to walk out on much of the tradition of the in- dustry. To many in many quar- ters, Zukor continues to be Par- amount, and Paramount, Zukor. The available record on attempted operation of any large film com- pany by simonpure bankers alone could be tinged with far more accomplishment. The peculiar complexities of this business, its frequent resistance — apparently inherent — to treatment applied to other enterprises in other fields Loew's Pfd. Hits New High on Big Board Net High Low Close Change Sales Columbia Pictures, vtc 37 37 37 + 54 ICO Consolidated Film Industries 3% 354 3¥& + Vs 1,500 Consolidated Film Industries, pfd 1754 17 17J4 + Ve 3,200 Eastman Kodak 10954 109 10954 + 54 700 Fox Film "A" 13& 1356 1354 + 54 600 Loew's, Inc 32M 3154 3254 +V/S 13,800 Loew's, Inc., pfd 10054 99H 10054 +1% 300 Paramount Publix, cts 4 3% 4 + % 2,300 Pathe Exchange VA M 154 + Vt 1,200 Pathe Exchange "A" 1654 IS WA +1 1,900 RKO VA 156 15* 3.200 Warner Bros 4% 4f$ 4% +54 1,500 Technicolor Lone Curb Issue Technicolc Net High Low Close Change Sales . 1254 1254 1254 100 Trading Light in Bond Market High Low General Theatre Equipment 6s '40 8 754 Loew's 6s '41 ww deb rights 10354 10354 Paramount F. L. 6s '47 57*4 57 Warner Bros. 6s '39, wd 5854 5854 Net Close Change m + a 10354 57 5854 Sale - 54 -54 by this time should be so familiar a story that efforts at widely changing the routine would seen most effective by not trying at al Zukor played a monumental par in building up Paramount over long period of years. No reaso occurs to believe he cannot pla a similarly vital part in the reha bilitation process as well. . . . T Explaining away, maybe, th Dave Selznick-"Jock" Whitne> reports, fulminating mostly on the, coast : Whitney describes Dave a? "one of his best friends" and "one of the best of producers." He also maintains his interest goes no further; that he has no intentior "at present" of financing Selz- nick. By February 1, however, il may be a different story. One of those nine Technicolors Whitne\| has in mind is "Dark Victory/ the new Tallulah Bankhead playj . . . Joe Kennedy, one-time pic- ture man and now chairman ofj the Securities and Exchange Commission, has gone downrighl noble in explaining how business will be "protected and given ai chance to live, make profits and grow" provide it "does the rightl thing." Press interviews, you un- derstand. . . . ▼ Manny Cohen, who, for thi« reason and that, has been making the public prints with a bang oi late, stepped back into his original Paramount job as editor of its newsreel long enough on Satur- day to sock and rock an un- named adversary or adversaries! whose names are not difficult to, fill in. "The film industry need not fear that it will ever be without a real newsreel," he said. "Par- amount News right now makes the pledge to exhibitors that it will always adhere to a straight all-news policy. ... It wants news — not propaganda or com- mentary. ... It isn't featuring important happenings just be- cause they may favor a certain city. . . . Neither will Para- mount News stoop to shout 'Scoop!' by tricking up library material with a new sound track thus bringing an old story up to date." Fox Movietone, Hearst Met- rotone, Universal, Pathe, not to1 overlook the "March of Time," please, note. It's meant for sev- eral or all of you. . . . KANN Leon Rosenblatt Moving Leon Rosenblatt is moving his head quarters to the Paramount Building 0 Jan. 1. Joseph Leider also is shiftin his quarters to the same building abou the same time. Buys Cleveland Rex Cleveland, Nov. 18. — M. M. Jacobs attorney, has purchased the Rex frorr Mr. and Mrs. Dominic Grille 5 opened today under the new owner. Miss Marion to M-G-M Hollywood, Nov. 18. — Frances Marion has been signed to a new lonfj term ticket with M-G-M. "THE PRESIDENT VANISHES „ vj ALTER DANGER'S Fl RST PICTURE FO PARAMOUNT RELEASE PREVIEWED IN HOLLYWOOD TO AMAZING PUBLl REACTION. TRADE PAPERS RAVE. DANGER DELIVERS HIT. IT CAN' Ml SS n . HOLLYWOOD REPORTER. "WILL GIVE I TSELF FLYING^|iiTAf AT BOX OFFICE «... MOTION PICTURE DA I LY . "DISTINGUISHED. DARING. PROVOCATIVE .SHOULD GROSS HEAVILY KEY SPOTS". ^HOLLYWOO_D^RI^STOP WATCH FOR THIS PICTURE. MOTION PICTURE DAILY Monday, November 19, 193 1933 Grosses $414,468,000, Gov't Learns (Continued from page 1) was shown, where 1,151 houses re- ported a total of $129,971,000. In New York City, 424 theatres took in $70,360,000, it was reported; Chi- cago had 215 theatres, taking $23,252,- 000; Philadelphia, 143 and $10,578,- 000; Los Angeles, 153 and $10,121,000; Detroit, 100 and $7,143,000; Cleve- land, 76 and $4,827,000, and St. Louis, 40 ajid $3,690,000. Among the states, New York, of course, led with 879 theatres taking in $93,907,000, followed by California with 629 theatres and $35,223,000 in receipts ; Illinois, 551 houses and $33,- 106,000; Pennsylvania, 745 theatres and $30,891,000; Massachusetts, 290 theatres and $22,809,000, and Ohio, 555 theatres and $20,730,000. These six states contained approxi- mately one-third of the nation's the- atres, but took in something over 50 per cent of the total receipts. Four other states did a box-office business in excess of $10,000,000 last year. They are New Jersey, with 238 houses reporting $19,179,000; Michi- gan, with 406 houses, $14,124,000; Texas, with 515 houses, $12,825,000, and Missouri, with 321 houses, $10,- 256,000. Nevada Grosses Smallest The poorest theatrical state was Ne- vada, where 19 houses took in $474,000, but New Mexico showed a poorer av- erage box-office, 30 houses taking in $497,000. These were the only two states to report less than $500,000, but four other states reported receipts be- tween $500,000 and $1,000,000, as fol- lows : Vermont, 32 houses and $542,- 000; Wyoming, 37 houses and $873,- 000 ; Delaware, 23 houses and $940,000, and Idaho, 71 houses and $955,000. Seven states reported between $5,- 000,000 and $10,000,000, and 24 be- tween $1,000,000 and $5,000,000. The District of Columbia also was in the latter category. The Census Bureau survey is not believed to be 100 per cent accurate, but it is believed to be so close to actual conditions that any difference is viewed as negligible. In making the survey, paid for by the Public Works Administration, the bureau was up against a real problem in running down the houses in some of the rural dis- tricts, especially those open but one or two nights a week or even more infre- quently. It is not believed that any houses which might have been over- looked were of sufficient importance to make any real difference in the figures, however. Any inaccuracies in the figures, it is explained, are due to the fact that the survey was made by unemployed per- sons on the relief rolls and without the supervision of trained census workers and, as soon as the canvass was made, the crews were dispersed, thus mak- ing it impossible to make a re-check where any doubts arose. Fay Wray Heading East Hollywood, Nov. 18. — Fay Wray, who has secured her contract release from 20th Century, is enroute east on her way to London to play the femi- nine lead in Gaumont British's "Alias Bulldog Drummond." 1933 Grosses: Where and What They Were Washington, Nov. 18. — The following table, prepared by the Washington Bureau of Mono: Picture Daily, shows, in detail, the classification of theatres in each state, both as to number and &■ to box-office receipts in 1933. The figures are preliminary and subject to correction when the Censu Bureau completes its analysis : Number of Houses M.P. & Alabama , Arizona Arkansas California Colorado Connecticut Delaware Dist. of Col Florida Georgia Idaho Illinois Indiana Iowa Kansas Kentucky Louisiana Maine Maryland Massachusetts . . Michigan Minnesota Mississippi Missouri Montana Nebraska Nevada New Hampshire New Jersey New Mexico . . . New York North Carolina . North Dakota . . Ohio Oklahoma Oregon Pennsylvania . . . Rhode Island . . . South Carolina South Dakota . . Tennessee Texas Utah Vermont Virginia Washington . . . West Virginia . . Wisconsin Wyoming Total 9,499 M P Vaude. Lee. Total M.P. 117 9 126 $1 673 000 25 7 'i 33 637 000 109 1 110 1,446,000 455 163 ii 629 20^367^000 101 21 1 123 l[997*0O0 125 15 1 141 5812000 22 1 23 906,000 22 1 "2 25 3 727 000 92 1 1 94 1,572,000 147 9 2 158 3 ^9 12, 000 61 9 1 71 705000 447 101 3 551 19 454 000 287 9 1 297 7 218 000 306 10 2 318 5,313,000 198 56 6 260 2232 000 149 5 2 156 3,461,000 147 4 1 152 4604000 m 1 ~ f \J\J \J 71 3 1 75 1 115 000 1,11^ ,'J J* j 144 1 3 148 6 336 000 270 10 10 290 20,854,000 399 4 3 406 13 238 000 314 3 317 7 523 000 92 3 95 1 254 000 278 36 7 321 8 014 000 72 12 84 780 000 231 8 "2 241 2 590 000 19 19 474,000 47 47 1 322 000 1- y\J *• fd f\J\J\J 235 i "2 238 19 149 000 26 4 30 390,000 820 29 30 879 85,150,000 182 1 1 184 4,071,000 100 1 1 102 1,081,000 536 18 1 555 19,846,000 252 2 254 4,363,000 103 12 'i 116 2,446,000 722 12 11 745 29,686,000 35 2 37 3,171,000 70 "7 77 1,306,000 115 115 1,241,000 122 "2 124 2,711,000 508 4 "3 515 12,607,000 69 5 74 1,052,000 31 1 32 533,000 157 2 159 4,099,000 195 24 "2 221 5,165,000 149 6 1 156 2,711,000 297 6 303 6,532,000 28 9 37 470,000 9,499 642 122 10,263 $356,316,000 Receipts M.P. & Vaude. $143,000 464,000 Let. 13,929,000 575,000 1,837,000 * * 190,000 249,000 12,825,000 230,000 243,000 2,332,000 414,000 34,000 29,000 * 979,000 801,000 $927,000 * 1,614,000 756,000 208,000 827,000 * 27,000 159,000 976,000 85,000 89,000 25,000 628,000 * 107,000 4,850,000 * * 840,000 * 455,000 853,000 3,907,000 * * * * 352,000 * 330,000 165,000 74,000 * * 1,742,000 435,000 69,000 403,000 53,000 Total $1,816,00* 1,110,00' 1,472,00 35,223,00 2,599,00 7,672,00 940,00" 4,792,00 1,746,00 4,125,00 955,00' 33,106,00 7,452,00 5,558,00' 4,591,00i 3,936,00 4,651,00 1,150,00 6,503,001 22,809,00 14,124,00 7,612,00i 1,279,00 10,256,00 1,536,00 2,806,00 474,00 1,322,00) 19,179,00 497,00 93,907,00 4,100,00 1,083,00 20,730,0CH 4,409,00( 2,904,0(X 30,891 ,00( 3,271,00< 1,636,00( 1,241,001 2,777,00< 12,825,001 1,126,0(X 542,0(X 4,129,00( 6,974,00( 3,158,00( 6,601, OCX 873,0(K $49,451,000 $8,611,000 $414,468,00( *Figures withheld by Census Bureau to avoid disclosing individual transactions. Legend: M.P. — Motion Picture. M.P. & Vaude. — Motion Picture ana vaudeville. Leg. — Legitimate stage and opera. Rename F. & M. Unit Dover, Del., Nov. 18. — Stageshows, Inc., a Delaware corporation, has changed its name to Fanchon & Marco Agency, New York. General Radio Mfg. Corp. has been chartered here to deal in television, radio, phonograph and wireless sets, listing a capital of $100,000. The in- corporators are J. M. Frere, J. A. Frere and C. R. Murphy of Wilming- ton. Arcadia, Phila., Cuts Philadelphia, Nov. 18. — The Ar- cadia, downtown second run, has fol- lowed the Stanley- Warner lead with a reduction in scale. The house drops from a 25c-40c-50c scale to 25c-35c-40c. Rumor around town is that the Earle, presentation house, will drop when the Mastbaum reopens on Dec. 24 under Roxy's direction. No Rialto Change Is Expected for a Year (Continued from page 1) has another year to go before the lease expires. Until that time, nothing can be done. It is reported that the new interests want to add a number of stores and make the theatre smaller. Whether this plan will go through at this time next year is doubtful to a number of theatre men close to the Rialto situ- ation. Landi Opposite Brisson Hollywood, Nov. 18. — Paramount has definitely set Elissa Landi as the lead opposite Carl Brisson in "All the King's Horses," which Frank Tuttle will direct. The cast includes Edward Everett Horton, Jack Oakie, Kather- ine DeMille and Marina Schubert. Theatre Loans Held Up in K. C. Section Kansas City, Nov. 18. — Several exhibitors in small towns in this ter- ritory have made application for funds to modernize their theatres under the Federal Housing Act, but have not been successful in obtaining financing. In all instances, the loans have to come through local town bankers, and they are generally cautious about lend- ing the money, it is said on good au- thority. So far, exhibitors have not ap- plied for loans through contractors or material companies. The Kansas City Better Housing office at the Chamber of Commerce, cooperating with the Federal Housing Administration, reports no financing applications for modernization pur- poses have been made by theatres in Kansas City. Monday, November 19, 1934 MOTION PICTURE DAILY 5 $93, 90 7, 000 N. Y. Theatres ' Take in '33, Bureau Says (.Continued from page 1) houses with receipts of $28,309,000 and payrolls of $7,093,000; Brooklyn had 130 picture houses with receipts of $18,197,000 and payrolls of $3,400,000; Bronx, 51 with receipts of $8,532,000 and payrolls of $1,461,- 000; Queens, 48 with receipts of $7,981,000 and payrolls of $1,445,000, and Richmond, nine with receipts of $863,000 and payrolls of $196,000. Outside of New York, the leading theatrical cities were Buffalo, 39 picture houses with receipts of $1,401,000 and payrolls of $331,000 and eight picture and vaudeville with receipts of $1,803,000 and payrolls of $482,000; Rochester, 23 picture houses with receipts of $1,912,000 and payrolls of $436,000; Albany, 15 with receipts of $1,447,000 and payrolls of $310,000, and Syracuse, 14 with receipts of $1,268,000 and payrolls of $233,000. Other important cities were Binghamton, 12 picture and combination picture and vaudeville houses with receipts of $725,000 and payrolls of $113,000; Yonkers, five picture houses with receipts of $694,000 and payrolls of $134,000; Mt. Vernon, four with receipts of $687,000 and payrolls of $123,000 ; Troy, nine with receipts of $618,000 and payrolls of $150,000; Schenectady, 10 with receipts of $613,000 and payrolls of $105,000; Utica, eight with receipts of $551,000 and payrolls of $124,000, and Niagara Falls, five with receipts of $435,000 and payrolls of $78,000. Loew's 1934 Profit Up to $7,479,897 (Continued from page 1) including theatre receipts, rentals and sales of films and accessories, rentals pf stores and offices and miscellaneous income, was $96,877,672.91. Expenses, including theatre opera- tions, rent on leased properties, real estate and other taxes, overhead, film distribution, amortization, advertising accessories and producers' share of film rentals, were $81,792,960.30. This left a gross operating profit before interest, depreciation and Federal taxes, of $15,084,712.61. Dividends totalled $890,480.51 on the preferred stock and $1,462,591.75 DQ the common. Total assets are listed as $130,- 296,031.05. Pathe 39-Week Net Totals $78,165.13 (Continued from page 1) a financial statement just issued by Stuart W. Webb, president. This left the accumulated deficit at $4,893,240.48 Lin Sept. 29. The profit was a sharp drop from the 1933 39-week total covering the same period, which was $508,881, but this figure included an extra dividend of $441,000 received from DuPont Film Mfg. Corp. Webb's statement in connection with the report sounds an optimistic note. He say: "In the third quarter of this year there was a material im- provement in the amusement industry in general, in which improvement Pathe shared. "A number of new contracts have been entered into by Pathe during the past few months — but as yet, of course, the effect of these is only partially reflected in the earnings. "Profit for the third quarter of 1934, before interest charges, but after de- ducting all expenses, taxes, amortiza- tion and depreciation of properties, was $72,353, as compared with $64,- 463 in the second quarter, and $51,971 in the first quarter. "Profit for the 39 weeks ended Sept. 29, 1934, before interest charges but after deducting all expenses, taxes, amortization and depreciation of pro- perties, was $188,787." Total assets are given as $7,086,- 789.38. Webb says the future outlook is encouraging and that an extraordinary stockholders' meeting for the purpose of reorganizing the company probably will be held after the first of the year. Lux Quits K. C. Board Kansas City, Nov. 18. — Dr. Paul Lux has resigned as impartial mem- ber of the local grievance board, giv- ing lack of time as the reason. Dr. Lux is a physician. Fred Wolfson, attorney, has been serving as alter- nate and has been recommended to Campi as permanent impartial man. Cobb Back to Roach Hollywood, Nov. 18. — Irvin Cobb has completed his one-picture deal .vith M-G-M and has gone back to Roach to continue his contract there. Rosenblatt May Get NRAComplianceJob (Continued from page 1) authoritative quarters as being immi- nent. The assignment of Rosenblatt to a new job is expected to result in the promotion of Deputy Administrator William P. Farnsworth to the position of division administrator in charge of amusement codes. Rosenblatt's selection for one of the most important positions in the NRA is said to have resulted from his handling of the film code, practically the only involved agreement which is working to the satisfaction of both the greater part of the industry and the government. Living with the job from the day he took it, Rosenblatt developed the only vertical code secured by the Ad- ministration, promulgating an agree- ment which may be the model for code mergers which the Administration is now working on. Since adoption of the code, also, compliance has been at a higher level than has been secured probably with any other pact. - In his new job, Rosenblatt will be responsible for getting the business establishments of the country to give a greater degree of co-operation than they have heretofore offered. While the changes could not be confirmed at the NRA, it is ex- pected that official announcement will be issued early next week. Cleveland Men Hit Clearance Secrecy Cleveland, Nov. 18. — Leading local independent circuit owners, in open meeting of the Cleveland clearance and zoning board, challenged the right of the board to draft a clearance and zoning schedule for Cleveland in executive session. Claiming that Code Authority in- structions state that distributors and exhibitors shall both be present to discuss disputed situations, exhibitors here are of the opinion that, following a hearing of their side of the case, they are entitled to hear and partici- pate in the discussion by the board. Cleveland 10-Cent Rate to Be Argued (Continued from page 1) hood houses are anxious to maintain a 15-cent minimum, but a group of small independent neighborhood house owners in the poorer sections of the city claim their patrons cannot afford to pay more than 10 cents. They maintain that the protection agree- ment entered into Jan. 1, 1933, and effective until Jan. 1, 1935, provides that pictures may be exhibited for 10 cents 100 days after the close of the first run, and they want to enforce that clause. They further maintain that major distributors would sell them 10-cent contracts if pressure were not exercised to maintain a 15- cent minimum. Among those most active in the move for dime shows are : Sam Barck, Market Square; Morris Israel, Erie ; Max Kaplan, Grand Central ; Maurice Kaplan, Arion ; Victor Wol- cott, Temple. There is no discussion at the pres- ent time regarding the renewal of the present protection agreement. Local exhibitor attitude will depend upon the result of the clearance and zoning schedule now in the making. Coast Opposes Jump In Operator Scales Los Angeles, Nov. 18. — A petition against the order certifying individual wage scales comparable to the union wage for projectionists will be for- warded by the I. T. O. of Southern California to Sol A. Rosenblatt in Washington, it was learned yesterday. The petition was set underway at a mass meeting of the exhibitor associa- tion Friday. Notice of the order has been served upon all independent ex- hibitors by Charles H. Cunningham, local NRA compliance chief. Many exhibitors assert they cannot meet ad- vanced non-union scales. Hear Harding May Quit Hollywood, Nov. 18. — Ann Hard- ing is reported here to be seriously contemplating retirement from pictures upon the completion of her present Radio contract. RCA VICTO PHOTOPHON OFFERING YOU • A Sound Box Office Attraction • Complete Ownership • A Self-Liquidating Investment PHOTOPHONE DIVISION RCA VICTOR COMPANY, I Camden, N. J. A Radio Corporation of America Subsidies MOTION PICTURE DAILY MOTION PICTURE DAILY* HOLLYWOOD PREVIEW "Romance in Manhattan" {Radio) Hollywood, Nov. 18. — Here is a romantic comedy drama designed for any type audience in city, town or hamlet. In plot and theme it resembles "7th Heaven," but is confined to New York for locale where the actions and situations revolve around two present day, youthful lovers caught in the maelstrom of compromising circumstances common to many people of moderate means in any metropolitan city. The simplicity with which the story is unfolded will arouse sympathy and provoke laughs for and from the characters who unrestrainedly express the emotions and moods as though living their parts. Near- What the Symbols Mean Reviews classified with a "G" are regarded as suitable for general entertainment. Those with an "A" are regarded as suitable for adult enter- tainment. poverty, although not as accentuated as in "7th Heaven," is made beautiful by the thoughts and actions of those involved. The story concerns Francis Lederer, visioning a paradise in America, migrating here to find himself deported through lack of friends and insufficient capital to enter the country. Determining to stay forces his escape from the returning ship. With his two feet on Broadway and penniless, he is befriended by Ginger Rogers, a showgirl who acts as a mother to her younger brother. All three become pals, withstanding many natural obstacles thrust upon them by welfare workers and the law seeking conviction of Lederer for illegal entry into the country, but all develops into a humorous climax at the police court where Lederer and Miss' Rogers are married, thus saving the younger brother, Jimmy Butler, from an orphan asylum. Steven Roberts delivers a commendable piece of direction from an original by Norman Krasna and Don Hartman with Jane Murfin and Edward Kaufman on the treatment. The three principals are well supported by the balance of the cast. The photography is excellent. Pre- viewed without code seal. Running time, 80 minutes. Classification: "G." 6 Agreement on Eight of Para. Directors Set (Continued from page 1) & Co., Johnston is president of Chemical National Bank and Davison is chairman of the board of Central Hanover Bank & Trust Co. There is a possibility that one addi- tional candidate will be proposed for the initial membership of the board. The full membership of either 12 or 14, the maximum number not yet decided, will leave four or five vacan- cies to be filled at some future date as time and circumstance dictate. The by-laws of the new Paramoun' company will stipulate that one-fourth of the board will be elected annually for terms of four years. The new board will be designated in the Kuhn, Loeb plan of reorganization and will present that plan to the court for public hearing early in December, ac- cording to present indications. Inas- much as the board itself will be a part of the plan, ratification of its initial membership by the court will be neces- sary. Six of the initial eight candi- dates were designated as such by Motion Picture Daily on Oct. 10. The board will designate from among its membership a finance com- mittee which will be empowered to authorize the issuance by the new company of any securities in addition to those designated in the plan; its consent will be necessary for the mak- ing of any capital expenditure in ex- cess of $500,000, to the making _ of any employment contract involving more than $100,000, to the making of any loans or financing of production in excess of $100,000 and to the sale of any property or business of a subsidiary. Change May Be Effected Although all of the major claims against Paramount Publix, the settle- ment of which were essential to com- pletion of the plan, were disposed of with the recent agreement on the Erpi claim, there are other major phases of it which may undergo changes prior to submission of the plan. Among these are the subscrip- tion rights of stockholders to new shares which, at present, embrace a $2 assessment. Likewise, some special provision remains to be made for Paramount employes who purchased the company's stock at approximately $50 per share. These considerations may delay submission of the plan so that, providing for public hearings and time for court consideration of it, the plan could not become effective much before Feb. 1 at the earliest. According to present indications, the underwriting of the plan will be under- taken by a syndicate, rather than a single financial house. The final plan of reorganization for Paramount Broadway Corp., holding company for the Paramount Bldg. and theatre, is scheduled for a hearing be- fore Special Master John E. Joyce today, although it is regarded as likely that it will be postponed in view of the fact that the Broadway plan has cleared the creditor groups and has been made a part of the Paramount reorganization plan. The Broadway plan provides for is- suance of new bonds in place of the $8,875,000 principal amount of old bonds outstanding. They will be the obligation of the new Broadway com- pany and will continue to be secured by the Paramount Bldg. The new is- sue will be entitled to 3 per cent in- terest and to additional interest of 2y2 per cent annually out of income re- maining after provisions for the sink- ing fund, up until one-half of the is- sue has been retired. Thereafter, in- terest will be Sx/2 per cent. A sinking fund for the new bonds will be pay- able out of income of the new com- pany. New leases on both the Paramount Theatre and office space are incorpo- rated in the plan. Rental for the the- atre is on a graduated percentage scale beginning at 15 per cent of gross re- ceipts up to $1,750,000, with a maxi- mum of 25 per cent of receipts over $3,250,000 annually. Office rental will be $188,147 annually for the first 10 years. Erpi Para. Claim Set at $1,200,000 (Continued from page 1) a new Erpi domestic recording license agreement at a reduced rate, effective Dec. 1. The agreement cleared the Para- mount creditor groups which are co- operating with Kuhn, Loeb on the paramount reorganization plan last Friday. As a result, it will be incor- porated in that plan of reorganization and the $1,200,000 claim adjustment undoubtedly will be satisfied by the preferred stock in the new company, although the agreement is still too recent to have been incorporated in the plan. However, the general treatment proposed in the plan for claims of this kind provides that for each $1,000, plus allowable interest to Jan. 1, 1935, claimants shall receive $500 principal amount of new 20-year six per cent sinking fund debentures and five shares of new $6 first preferred stock. Says Para, Reel to Use "Straight News" The future policy for Paramount Newsreel, according to Emanuel Cohen, its editor, will be a "straight all-news" one. In a statement issued over the week- end, Cohen said: "Paramount News is designed only to serve as a news me- dium. It wants news — not propaganda or commentary." The statement continued: "Para- mount is not interested in blending its feature and short production depart- ments with its newsreel." Wants National Theatre Washington, Nov. 18. — Herman Gantvoort, New York legitimate pro- ducer, has placed before the Govern- ment a proposal to set up a national theatre to be financed by $1,000,000 in Federal funds. Monday, November 19, I93< < Purely Personal ► MERLE OBERON, who arrive? here tomorrow on the Paris, will probably make personal appearance s with her picture, "Broken Melody, " when it plays Broadway. Joseph and Mrs. Mankiewicz are en route here from the coast on the Santa Elena to spend the holidays with Mrs. Mankiewicz's family. She is the former Elizabeth Young. George J. Schaefer and Edward Golden get back from Kansas City today. W. Ray Johnston and Tyree Dillard, Jr., will be on the same train. Joe Penner will make a personal appearance with "College Rhythm" at the Chicago Theatre, Chicago, start- ing Friday. Boris Thomashefsky has been signed by Jack Stillman, of Sov- Am Film Corp., for a Yiddish picture, "Bar Mitzvah." Paula Gould's novel, "Love Is a Madness," will be published in Janu- ary. It's the inside of the publicity business. Antoinette Cellier, M-G-M con- tract player, is in town rehearsing for a role in the stage play, "Sixteen." Bertram Millhauser has sold an original, "Terror by Midnight," to Paramount. Ethel Merman has been signed by Samuel Goldwyn for a role in Eddie Cantor's next musical. Ben Hecht and Rose Caylor have sold their play, "Man Eating Tiger," to Fox. Division Administrator Sol A. Rosenblatt will be in town Thursday to attend the Campi session. Clarence Brown and his wife, Alice Joyce, flew to the coast Sat- urday. Sidney Samuelson is in Baltimore to attend the eastern Allied regional meeting today. George T. Pabdy is doing special press work for G-B's "The Iron Duke." Morris Kinzler has quit smoking. Ditto for Sam Shane. Mark Ostrer will be back again after the first of the year. FWC Sale Up Today For O.K. of McNabb (Continued from page 1) but this is a technical point. Signa- tures are expected to be affixed within the next week or 10 days. Spyros, executive vice-president of National in charge of operations, plans to come here some time next month. Charles is executive vice- president of Fox West Coast Theatres Corp., new operating company to re- place Fox West Coast Theatres. S. R. Kent heads both companies and W. C. Michel is a vice-president of both. Contracts to be signed by the Skourases will supersede those held by them now and which are reported have until 1937 to run. From all appearances, the rehabili- tated circuit will be functioning in complete reorganized state on Jan. 1. HARRY E. HUFFMAN Operates 8 theatres, spends upward of $200,000 annually for film. He reads MOTION PICTURE DAILY The Industry Buying Power MOTION PICTURE Reads DAILY rfllllllHi^ "ES.U.S.PAT.OFF. Du Pont Film Manufacturing Corporation 35 WEST 45™ STREET NEW YORK CITY PLANT • • . PARLIN, N. J. SMITH & ALLER LTD. 6656 -SANTA MONICA BLVD HOLLYWOOD, CAL. THE <5ffSEE> TRADE MARK HAS NEVER BEEN PLACED ON AN INFERIOR PRODUCT The Leading Picture Industry MOTION PICTURE DAILY Alert, Intelligent the In in All Branches VOL. 36. NO. 120 NEW YORK, TUESDAY, NOVEMBER 20, 1934 TEN CENTS Court Permits Leasing Deal On Music Hall formal Move Sanctions Start from Sept. 1 The new lease agreement on the lusic Hall, under which Rockefeller ienter has an initial rent participation f $700,000 from the new leasing com- any to be owned by Rockefeller Cen- :r and RCA, has been approved by ederal Judge William Bondy. No public hearing on the new lease greement was necessary, prior to the □urt's action, as RKO, the only com- any involved which is under the jrisdiction of the court, has no par- cipation in the new leasing and oper- ting corporation so none of its assets re involved, nor will RKO have any bligation even in the event of Music lall losses. The new leasing company nil be known as the Radio City (Continued on page 4) • louse Committee to Take Up Tax Dec. 3 Washington, Nov. 19. — The spe- ial committee on internal revenue ixation of the House Ways and leans Committee will meet begin- ing Dec. 3 to consider the tax ques- on. The first studies of the committee re expected to cover the adminis- "ative provisions of the present law, blowing which any new levies which light be desired by the President will e considered. President Roosevelt thus far has iven no indication of what he may (Continued on page 4) Veshner Gets First Runs Only in Phila. David E. ("Skip") Weshner will ike charge of Warner first runs in 'hiladelphia, not the entire zone, de- iared Joseph Bernhard, general man- ger of the circuit, yesterday. His :atement came by way of denial of le story published in Motion Pic- ure Daily on Saturday in which (Continued on page 9) Ihio Sales Tax Up Again in Assembly Columbus, Nov. 19. — With the pro- 3gued session of the General Assem- ly going into its initial session to- ight, legislative observers predict that le sales tax, defeated six times during le past 18 months, will be enacted as (Continued on page 4) Rosenblatt Officially Named Compliance Director for NRA Washington, Nov. 19. — Advancement of Division Administrator Sol A. Rosenblatt to be director of compliance of the NRA was officially confirmed today by S. Clay Williams, chairman of the National Industrial Recov- ery Board. Under official orders issued late today Ro- senblatt will continue as division administra- tor in charge of amusements. Deputy Ad- ministrator William P. Farnsworth will con- tinue as his assistant, it was announced. Rosenblatt's new position will place him in charge of compliance work throughout the entire country. A staff of some 1,500 per- sons is engaged in this work. Rosenblatt will also be the man in closest touch with the Department of Justice and the Federal Trade Commission, which two agencies will have charge of all formal pro- ceedings against those who fail to comply with code requirements under the NRA. Sol A. Rosenblatt Para. Claims Set; Hearing Off to Dec. 3 With settlements of the Paramount- Broadway, Allied Owners and Para- mount creditor banks' claims against Paramount Publix agreed on by both trustees and creditor groups and made a part of the pending Paramount re- organization plan, adjournments of hearings on all three were taken yes- terday when called before Special Master John E. Joyce. The Allied Owners' claim of $23,- 000,000 will be settled by the issuance to the company by reorganized Para- mount of $2,500,000 of new debentures, 25,000 shares of new $6 first preferred stock, $150,000 in cash, purchase by Paramount of the Alabama Theatre, Birmingham, for $1,000,000, leasing of the Brooklyn Paramount for 20 years at $100,000 annually, leasing of the Paramount, Glens Falls, N. Y., for 20 years at $12,000 annually, and of the Paramount, Fremont, O., for 20 years at $15,000. The hearing before Joyce went over to Dec. 3, pending (Continued on page 12) Say Hamm, Brewer, Dominates Circuit Minneapolis, Nov. 19. — Reports here are to the effect that William Hamm, Jr., wealthy brewer, is heavily interested in the Minnesota Amuse- ment Co., organized to replace the (Continued on page 12) Code Bills Go Out Under New Payment Plan The work of billing producers and distributors for code assessments for 1934 under the schedule recently adopted by NRA, and which is ex- pected to produce about $85,000 from these two industry branches, was be- gun yesterday by Campi with the mailing of 200 assessment certifications to as many producer and distributor code assentors. At the same time, invoices for sec- ond half assessment went out to 9,000 exhibitor code signatories. Exhibitors had paid a total of $83,500 for first half assessments up to Oct. 31. Ap- proximately $90,000 is expected from this sources for the second half. The assessment certifications to pro- ducers and distributors require each company to designate the assessment classification to which it belongs on the basis of gross receipts for 1933. When the classifications have thus been made and checked, the first as- sessment invoices will be mailed to (Continued on page 12) Death Halts Action On K. C. Clearance Kansas City, Nov. 19. — Action on the revised clearance plan discussed with the local board late last week by a Campi delegation consisting of George J. Schaefer, Edward Golden (Continued on page 12) Court Gives Approval of F. W. C. Sale Suing Objectors Brushed Aside by Court Los Angeles, Nov. 19. — Sale of Fox West Coast Theatres to National Theatre Co., organized with the back- ing of Fox Film and Chase National Bank, was authorized today by Judge Earl E. Moss. Ten days were granted for appeals before a final decision is signed. The hearing on the sale was pre- sided over by Judge Moss. Referee S. W. McNabb was absent. Pro- tests were filed by a legal battery rep- resenting the Marshall Square The- atre Co. and Harry L. Hartman, op- erators of the Orpheum Theatres, San Francisco and San Diego, respective- ly. Judge Moss decided the protests were based on flimsy grounds. The protestants have filed an anti - trust suit against the F. W. C. trus- tees under the Sherman and Clayton (Continued on page 4) Monogram May Tip Next List to 52 Expectations of increasing Mono- gram's 1935-36 production schedule to 52 pictures were voiced yesterday by W. Ray Johnston, president, on his return from studio conferences with Trem Carr, production head, and vis- its with branch managers en route. Proposals for the increased schedule will be submitted to Monogram's next annual convention, to be held in Holly- wood in April, Johnston said. If ap- proved, the schedule of 52 would in- clude two sets of westerns of eight pictures each. The company's current (Continued on page 12) Poster Men Renewing Talk About Printing Again the poster service renters are talking about printing their own posters. The talk was prevalent about six months ago when distribu- tors attempted to ban the renters from (Continued on page 4) ITOA Names Six to Study Organization With Leon Rosenblatt as chairman, the I. T. O. A. has appointed a na- tional organization committee of six to study national conditions. The committee will also look into Allied's (Continued on page 4) MOTION PICTURE DAILY Tuesday, November 20, 1934 MOTION PICTURE DAILY (Registered U. S. Patent Office) Vol. 36 November 20, 1934 No. 120 Martin Quigley Editor-in-Chief and Publisher MAURICE KANN Editor JAMES A. CRON Advertising Manager Published daily except Sunday and holi- days by Motion Picture Daily, Inc., sub sidiary of Quigley Publications, Inc., Martin Quigley, President; Colvin Brown, Vice-President and Treasurer. Publication Office: 1790 Broadway, New York. Telephone Circle 7-3100. Cable ad- dress "Quigpubco, New York." All con- tents copyrighted 1934 by Motion Picture Daily, Inc. Address all correspondence to the New York Office. Other Quigley pub- lications: MOTION PICTURE HERALD, BETTER THEATRES, THE MOTION PICTURE ALMANAC and THE CHI- CAGOAN. Hollywood Bureau: Postal Union Life Building, Vine and Yucca Streets, Victor M. Shapiro, Manager; Chicago Bureau: 407 South Dearborn Street, Edwin S. Clif- ford, Manager; London Bureau: Remo House, 310 Regent St., London, W. 1, Bruce Allan, Representative. Cable address: "Quigpubco, London"; Berlin Bureau: Berlin - Tempelhof , Kaiserin - Augustastrasse 28, Joachim K. Rutenberg, Representative; Paris Bureau: 19, Rue de la Cour-des- Noues, Pierre Autre, Representative; Rome Bureau: Viale Gorizia, Vittorio Malpassuti, Representative; Sydney Bureau: 102 Sus- sex Street, Cliff Holt, Representative; Mex- ico City Bureau: Apartado 269, James Lockhart, Representative; Glasgow Bureau: 86 Dundrennan Road, G. Holmes, Repre- sentative; Budapest Bureau: 3, Kaplar-u. Budapest, II, Endre Hevesi, Representa- tive; Moscow Bureau: Civtzev Vrazhek, N. 25, Apart. 146, Moscow, U. S. S. R., Bella Kashin, Representative. Cable ad- dress: "Samrod, Moscow." Entered as second class matter, January 4, 1926, at the Post Office at New York City, N. Y., under Act of March 3, 1879. Subscription rates per year: $6 in the Americas, except Canada $15 and foreign $12. Single copies: 10 cents. Legion Extends Film Campaign to Canada Toronto, Nov. 19. — The Legion of Decency has extended its activities to Canada, it was revealed today when an appeal was made to members of all religious groups to join a Domin- ion-wide boycott against objectionable films. Support for the movement was urged yesterday by Father W. D. Muckle of St. Michael's Cathedral here. Due from Europe Today Joseph M. Schenck and George Ar- liss arrive from Europe on the Ma- jestic today. Merle Oberon, Lili Damita and Na- tacha Paley are passengers aboard the Paris. Al Lichtman returned from Florida yesterday and is expected to be down at the pier greeting Schenck today. Willard Mack Passes Hollywood, Nov. 19. — Willard Mack, author, actor and director, died suddenly last night of a heart attack at his home. He had been ill two weeks. Mack is survived bv his fourth wife. Carl Crawford Dies Boston, Nov. 19. — Carl Crawford, manager of the First Division ex- change, died suddenly late this after- noon. No Middle Level on Grosses — Hamrick U. S. Interests in Dicker with Mexico "Box-office grosses have no more middle levels," states John Hamrick, operator of 12 theatres in the midwest. He adds that pictures either "hit the top or bottom figures and there are no in-betweens." "This condition seems to prevail all over the country," Hamrick declares. "At one time the exhibitor could get bv when intakes figured at the middle level, but this is not the case any more." Conditions are a shade better today than last year, the western showman holds. A pretty good sized picture will wake up the public, he asserts, while the poor ones just don't make the grade. He points to "The Gay Di- vorcee," which is running four weeks in Seattle and three in Portland, both Hamrick houses. "The Count of Monte Cristo" ran four weeks in one of his Seattle theatres, he says. These are the kind of pictures that get the money, he adds. Hamrick operates four theatres in Seattle, five in Portland and three in Tacoma. He has just completed re- modeling the Blue Mouse, Tacoma, which reopened last Thursday night with "The Gay Divorcee." A few weeks ago he added the Orpheums in Seattle and Portland to the circuit. Accompanying Hamrick and his wife are B. F. Shearer and his wife. All four plan to leave Thursday for Seattle. Shearer is in the equipment business and recently attended a con- vention of supply dealers in New York. Hamrick is here on film deals. 20th Century to Do 10 of 22 from U. A. Of the 22 pictures to be distributed by United Artists this season, 20th Century will produce 10, London Films, 4; Reliance, 2; British & Do- minion, 2 ; Samuel Goldwyn, 3 ; King Vidor, 1. The Vidor picture already has been released. It's "Our Daily Bread." Goldwyn's trio will consist of two Anna Sten and one Eddie Cantor ve- hicles. Douglas Fairbanks in "The Private Life of Don Juan" is one of the quartet from London Films. Charles Chaplin and Mary Pickford in all probability will be absent from this season's program. By JAMES LOCKHART Mexico City, Nov. 19. — The possi- bility of another American film enter- prise establishing a studio and pro- ducing in Mexico is seen in the report of the Chamber of Commerce of Tor- reon, a large town in Coahuila, cen- tral Mexico, to the Ministry of Foreign Relations that it is gathering information requested by American & Latin Prod, of Hollywood regarding facilities the town and the state will grant it to do business there. The chamber has asked the Coa- huila government to grant the picture company a liberal concession and to assist it in its work. The chamber expects that A. & L. will start build- ing a studio by Christmas. It is understood that the company will make Spanish language pictures and use Mexican players. A building in Tiajuana has been leased as a studio by Los Angeles interests headed by Robert Tarpan, former Mack Sennett production man- ager, for making Spanish talkies. "U" Rejects Offers; To Make 'Show Boat' Hollywood, Nov. 19. — Universal is understood to have repeatedly re- jected offers from other studios for the rights to "The Show Boat." Ac- cording to the studio, it has received two offers of $150,000 each for the talking rights and two others of $100,000 each. Determined to produce the show, Universal has signed Zoe Akins to adapt the story and will start the picture early in January. "U" Casts Roger Pryor Hollywood, Nov. 19. — Roger Pryor gets the male lead opposite Margaret Sullavan in her next Universal pic- ture, "Next Time We Live," the story by Ursula Parrott. Para. Gets Helen Jepson Hollywood, Nov. 19. — Paramount has signed Helen Jepson, radio sing- er and Metropolitan Opera soprano. Her film work will be in addition to her Metropolitan contract and her radio series with Paul Whiteman. Eastman Pfd. Jumps Three on Big Board High Low Close Columbia Picture's, vtc 37J4 37 37 Consolidated Film Industries 3$i 354 3$4 Consolidated Film Industries, pfd 17% 17 1754 Eastman Kodak 10914 10934 10914 Eastman Kodak, pfd 138 135 138 Fox Film "A" 13*4 1354 13% Loew's, Inc 33% 33 33% Paramount Publix 454 3% 3% Pathe Exchange 154 1% 1% Pa the Exchange "A" 1654 1554 ISM RKO 2 l^g m Warner Bros 5 4*4 444 Net Change + 54 +3 - % + % Sales 300 500 1,900 200 5.000 1.700 15.200 6.100 1.300 4.300 4.300 8,600 Technicolor Trading Light on Curb Technicolor Net High Low Close Change Sales . 12%, 1254 1254 400 Warner Bonds Gain a Half High Low Close General Theatre Equipment 6s '40 834 854 854 General Theatre Equipment 6s '40. ctf 854 8 854 Keith. B. F. 6s '46 6454 6454 6454 Loew's 6s '41. ww deb rights 104 10334 104 Paramount Broadway 554s '51 4154 4154 4154 Paramount F. L. 6s '47 58 57 57 Paramount Publix 554s '50 585^ 5834 5854 Warner Bros. 6s '39, wd 5954 5854 5954 Net Change + % + Si + 54 + 54 - 54 +154 + 54 Sales 5 9 4 19 1 12 4 30 < Purely Personal ► L7 AY YV'RAY arrives in town today * and sails tomorrow on the Wash- ington for London to make one picture for Gaumont British. Omar Kiam, fashion designer, ar- rived in town over the week-end and will fly back to the coast late this week. Sylvia Froos started work yester- day in her second comedy of a series for Educational. Ketti Gallian saw "Marie Ga- lante" at the Mayfair last night with a party of friends. George O'Brien and Mrs. O'Brien, Marguerite Churchill, arrive today from London on the Paris. Lanny Ross will be guest artist on the "Radio City Party" radio pro- gram Saturday night. Bex Bernie returns to the coast to- day to resume work at Paramount. Bessie Bacox has sold her original story, "Lucky Me," to Warners. English Not Strong On Stars — Edington English producers are not star- minded in the opinion of Harry Ed- ington, Hollywood agent, who has just returned from a vacation abroad. "British producers don't go in for the star system as we do," he said. "Theatre owners, however, like to build up their old favorites like Stan- ley Lupino and others." Optimistic over show business abroad, Edington asserts that everyone is spending money in England and the theatres are doing a terrific business. As a matter of fact, he tried to get tickets for "Streamline," the new Charles B. Cochrane legitimate show and could not see it because none was available for two weeks. For other shows he had to wait several days for reservations. "Everyone seems to be in a spending mood and optimistic abroad," he added. Edington denied he went abroad to discuss a deal with an English pro- ducer for Garbo. He said she is under contract to M-G-M and for the time being she will continue with the com- pany. Edington and his wife, Barbara Iff Kent, leave for Hollywood tomorrow or Thursday. Meanwhile they will take in a number of new shows. Daughter to Downeys A daughter was born to the Morton Downeys on Sunday at the Harbor Hospital. The baby will be christened Lorelle Ann and both she and her mother, the former Barbara Bennett, are reported doing nicely. Mrs. Barnett Very III Hollywood, Nov. 19. — Mrs. Yince Barnett, wife of the comedian, was re- ported "holding her own" after a major operation over the week-end. Her condition, however, is considered serious. Warners Get Englishman Hollywood, Nov. 19. — Warners have signed Errol Flynn, English stage star, to a long termer. The actor is expected at the studios short- ly after the first of the year. WANNA BUY A DUCK? ■■■■■^■■■■■■■■■■■■■■■■■■■■Ki'v. „ §. 1. Four little words that have made a lot of bucks for the "quack" salesman. No wonder Joe is simply gaga over Goo-goo . . . and no wonder a million fans are gaga over both of 'em. Joe and his uncontrollable, flat-footed sweetheart are now getting the laughs— and the romancing of the singing and prancing dames— in COLLEGE RHYTHM JOE PENNER • LANNY ROSS • JACK OAKIE • HELEN MACK LYDA ROBERTI • MARY BRIAN-GEORGE BARBIER .mUheAii Americcus A Paramount Picture directed by Norman Taurog with plenty of words and lots of music by Gordon & Revel MOTION PICTURE DAILY Tueiday, November 20, 1934 Court Permits Leasing Deal On Music Hall {Continued from page 1) Music Hall Corp. and its stock will be subscribed for by Rockefeller Cen- ter and RCA to provide working capi- tal. The agreement is retroactive to Sept. 1. It provides for a first payment out of income of $26,000 per year to RKO and RCA jointly; then for Rockefeller Center's initial rent participation of $700,000; next, a second joint pay- ment to RKO and RCA of $24,000, to be applied to retirement of RCA's advances for working capital for the Music Hall last year. Thereafter, ad- ditional provisions are made for par- ticipation in earnings beyond those amounts for all three companies. RKO's interest will be largely through RKO Service Corp., which will handle purchasing, insurance and other mat- ters. Court Allows Appeal For Fox Met Quiz The U. S. Circuit Court of Appeals has granted Archibald Palmer, attor- ney for bondholders in Fox Metro- politan Playhouses, leave to appeal from an order of Federal Judge Ju- lian W. Mack denying his motion for an examination of officers of the cir- cuit's bondholders' committee. Palmer contends the committee is dominated by allied financial interests and seeks to examine the officers to determine their affiliation and inter- ests, he said. The court will hear his appeal Dec. 3. Poster Men Renewing Talk About Printing (Continued from page 1) buying posters and stills for rental purposes. The poster service men contend dis- tributors are again in a move to stop accessories which might fall into the hands of renters. To ward off the possibility of being completely shut off from getting accessories and subse- quently put out of business, the poster men are taking precautions to avoid such an alleged freezeout. / TO A Names Six to Study Organization (Continued from page 1) affairs with a view to affiliating. _ In addition to Rosenblatt, the committee comprises Hyman Rachmil, Louis Nelson, Dr. Leon Greenfield, Al Cooper and Louis Schiffman. A report on the Allied situation will be made by the committee for next Wednesday's meeting. Picquet to Withdraw From His MPTO Post Charlotte, N. C, Nov. 19. — Charles W. Picquet, for 10 years pres- ident of the M. P. T. O. of North and South Carolina, Inc., plans to retire from that post this year. The organization will hold its annual meet- ing here Dec. 9-10. Looking 'Em Over "Imitation of Life" ( Universal) Universal has a grand woman's picture here and one that looks like a winner. Based on a yarn by Fannie Hurst, "Imitation of Life" tells the life story of two women, both mothers, one white and the other black. At the outset, this sounds like troublesome dramatic material. In hands other than John M. Stahl's, it might have been, but so skillfully, so sympathetically and so adroitly does he develop his characterizations that there is never any real issue confronting the results. Claudette Colbert, widowed and with a baby on her hands, endeavors to maintain her husband's business of selling maple syrup. Into her life one day walks Louise Beaver, colored cook and mammy, willing to work for a roof and a room for herself and daughter. Never departing from the relationship, strictly maintained, of mistress and maid, Stahl takes both women through their lives. He shows how Ned Sparks, wandering knight of the road, gives Miss Colbert the idea of marketing the pancake flour for which Louise holds the secret ; the germ of that idea makes both of them wealthy ; how Miss Colbert's daughter, white and sheltered, reaps the advantages denied Louise's girl and how, in their respective stations and in their indi- vidual social classes, the maternal instinct always dominates. Miss Beaver's daughter, played effectively by Fredi Washington, seeks to hurdle the color line and, of course, meets with failure, but not before her defection results in her mother's death. Other threads of this inter- esting and extremely well-done story bring romance into the life of Miss Colbert via Warren William and a conflicting love thread involv- ing her daughter with the same man. Implied tying of the knot between Miss Colbert and William concludes the picture. Stahl's firm directorial hand is evident throughout. He exacted from his leads very competent performances. His method of drawing on the maternal instincts of the two women is telling as well as convincing. The patrician Miss Colbert does a fine job, but the story construction, in some sequences, results in virtually taking the picture away from her and landing it in Miss Beaver's lap. Production values are good, as is photography by Merritt Gerstad. Production Code Seal No. 412. Running time, 110 minutes. "G." KANN Waltz Time in Vienna (Ufa) Very much worthwhile. The music is gay, varied, and beautifully played. The story is sprightly, the settings on a scale that gives the film plenty of production value. The story, being about the rivalry of two musicians, Joseph Lanner and Johann Strauss, furnishes a plausible background for the musical in- terpolations. Strauss, played by Adolph Wohlbrueck, is first violinist in an orchestra conducted by Lanner, played by Paul Hoerbiger. The drummer, Willy Fritsch, is in love with Lanner's daughter, Renate Miller. Strauss is in the habit of writing 'Lanner's compositions on handker- chiefs, cuffs, or shirtsleeves. They are in the midst of a composition when Queen Victoria's court ballet master arrives with a dancer to learn the Viennese waltz. She hopes it will encourage the Prince of Saxe-Coburg Gotha to propose. Strauss quits in a huff. While he is playing in a rival cafe he is en- gaged to go to England. He is kidnapped in England by Lanner's daugh- ter. The drummer substitutes for him as leader at court and plays one of Lanner's waltzes. Back in Vienna the story ends in court with Lan- ner suing Strauss. The trial ends with the two composing a new march. It has plenty of love interest to go with the music and some good looking girls to make its appeal general. Viewed without production code seal at the 55th St. Playhouse. Run- ning time, 75 minutes. "G." "Madame B ovary" (John S. Tapemoux) This adaptation of "Madame Bovary," produced in France by Nou- velle Societe de Films, does justice to Gustave Flaubert's masterpiece. Intense, sincere, moving, it is entertainment that intelligent minds should go for. Even without a command of French or without the aid of the English superimposed titles, the film would not be difficult to understand, thanks to the simplicity with which the story is told. Perhaps the most impressive thing about the picture is its amazing (Continued on page 9) Court Gives Approval of F. W. C. Sale (Continued from page 1) acts, claiming F. W. C. has con- spired against them in getting first runs. Though they are not adjudi- cated claimants and not direct credi- tors of F. W. C, they feel the sale cannot not be completed until their claims for damages have been settled, as a judgment would take priority over general creditors. Damages sought total $1,500,000 on the San Francisco house and $2,225,- 000 on the San Diego house. They say they intend to appeal to the U. S. Circuit Court of Appeals. Judge Moss said that after many months of litigation the records of the trustees will prove they have not acted improperly. He expressed the opinion their work had been remarkably well done, in that they have pulled the or- ganization up to the point where it can be sold to the satisfaction of all credi- tors. Charles Skouras left on the Chief tonight for New York. Ohio Sales Tax Up Again in Assembly (Continued from page 1) a final gesture of the present admin- istration. Sixty-eight House and 17 Senate votes are necessary. Governor White, to whom Gover- nor-elect Davey has pledged support to obtain approval of the measure by the retiring solons, tomorrow will rec- ommend a bracket tax, with exemp- tions on sales of less than 10 cents ; a one-cent tax from 10 to 40 cents ; two cents from 40 to 70 cents, and three per cent from 70 cents to $1, with the lower bracket applications on frac- tional amounts over $1. An increase of one per cent in the utility excise tax, a personal earned income tax and reenactment of the liquid fuel impost will be urged. Alternatively, the Governor's mes- sage will carry recommendation for repeal of that part of the nuisance tax which includes admissions, soft drinks and cosmetics. The impost on cigar- ettes and liquor will remain. House Committee to Take Up Tax Dec. 3 (Continued from page 1) have in mind with respect to taxes. A number of the temporary levies, however, expire on Jan. 1, and it is anticipated the Administration will have a tax program for submission at ' the opening of Congress to make up the revenue which will be thus lost. Fox Holds Miss Allwyn Hollywood, Nov. 19. — Fox have re- newed an option on the contract of Astrid Allwyn. The actress' next as- signment will be in "One More Spring." Sign Parker, Campbell Hollywood, Nov. 19. — D o r o t h y Parker and her husband Allan Camp- bell, who have just wound up work on "Sailor Beware," have both been handed new contracts with options. CONTROL CORPORATION OF AMERICA ANNOUNCES: A contract for the air-conditioning with Chrysler equipment and the heating and ventilation of Charles Segall's new 1000-seat Bromley Theatre, Philadelphia, has been signed by F. B. Warren's Control Corpora- tion of America. Installation begins at once, concur- rently with the erection of this handsome structure. The Chrysler conditioning equipment is automatic in operation, maintaining economically the year around, ideal temperatures and regulated humidity so neces- sary for the comfort and enjoyment of patrons. Mr. Segall, president of the Eastern Pennsylvania M. P. T. 0. A. and one of the earliest participants in the development of the original Stanley Company of America, has dealt with F. B. Warren for twenty-five years, as did all of the Stanley founders then, and all of the survivors now. This contract represents a mature business choice, but we are glad to read into it a note of sentiment, as well. The design and plans of the Bromley are by Thal- heimer & Weitz, R. A., of Philadelphia and the construction by United Building Construction Corpo- ration, Nicholas J. Brandolini, president; Control's planning and engineering by Andre Merle. We invite theatre owners contemplating air-condi- tioning in all its phases to send us blueprints of their theatres for computation and estimates. ontrol CORPORATION OF AMERICA 250 West 57th Street New York City TELEPHONE Circle 7-0077 Authorized by AIRTEMP INCORPORATED, World Distributors of Air Conditioning Products of Chrysler Motors 8 MOTION PICTURE DAILY Tuesday, November 20, 1934 "One Night" Is Cleveland Wow, $13,500 Cleveland, Nov. 19. — "One Night of Love" at the Hippodrome was the smash hit of the week. It built up from $200 to $400 daily, closing with a $13,500 gross as against a $6,000 house average. It was held. The 50,000 attendance at the Navy-Notre Dame football game cramped the opening, but the picture got into its stride on Sunday. "Mrs. Wiggs," aided by Ted Lewis and his stage show, grossed around $20,000 at Loew's State. "The Merry Widow" had a swell hold-over at the Stillman at advanced prices, following the State engagement. Weather was clear. Football and bike races were the heaviest competition. Total gross was $54,800. Average, with two stage shows, is $49,000. Estimated takings for the week ending Nov. 16 : "KENTUCKY KERNELS" (Radio) ALLEN — (3,300), 20c-30c-40c, 7 days. Gross: $2,800. (Average, $3,000) "ONE NIGHT OF LOVE" (Col.) WARNERS' HIPPODROME — (3,800), 30c-35c-44c, 7 days. Gross: $13,500. (Aver- age, $6,000) "GIFT OF GAB" (Univ.) RKO PALACE— (3,100), 30c-40c-60c, 7 days. Stage: "Sidewalk Cafe." Gross: $12,500. (Average with stage show, $18,000) "MRS. WIGGS OF THE CABBAGE PATCH" (Para.) LOEW'S STATE — (3,400), 30c-40c-60c, 7 days. Stage: Ted Lewis and his company in "Happiness Follies of 1934." Gross: $20,000. (Average with stage show, $18,000) "MERRY WIDOW" (M-G-M) LOEW'S STILLMAN— (1,900), 30c-35c- 44c, 7 days, 2nd week downtown. Gross: $6,000. (Average, $4,000) "Limehouse," Dual Leads Providence Providence, Nov. 19. — Top money for the week was garnered by the Strand, which caught $9,500 with a dual, "Limehouse Blues" and "To- morrow's Youth." Not considered especially strong on paper, the bill, nevertheless, brought more money to the house than it has seen in many moons. The average take is $6,500. Next in line was the RKO Albee, which drew $9,200 with "Wednesday's Child" on the screen and "Now and Then," a revue. Fays' was excep- tionally strong at $8,800, but Loew's was under its usual par with "Evelyn Prentice," the take being only $9,500 as against the usual $12,000. First run business was $46,100. Average is $40,500. Estimated takings for the week end- ing Nov. 15 : "WEDNESDAY'S CHILD" (Radio) RKO ALBEE— (2,300), 15c-40c, 7 days. Stage: "Now and Then" revue. Gross: $9,200. (Average, $7,000) "HAPPINESS AHEAD" (Warners) "THE SCARLET LETTER" (Monogram) MAJESTIC— (2.400), 15c-40c, 7 days. Gross: $7,800. (Average, $7,000) "LIMEHOUSE BLUES" (Para.) "TOMORROW'S YOUTH" (Monogram) STRAND— (2,300), 15c-40c, 7 days. Gross: $9,500. (Average, $6,500) "365 NIGHTS IN HOLLYWOOD" (Fox) FAYS— (1,600), 15c-40c, 7 days. Stage: "Jerry and Her Baby Grands." Gross: $8,800. (Average. $7,000) "EVELYN PRENTICE" (M-G-M) LOEW'S STATE— (3,800). 15c-40c, 7 days. Gross: $9,500. (Average, $12,000) "ONCE TO EVERY BACHELOR" (Levine) RKO VICTORY— (1,600). 10c-25c, 4 days. Gross: $1,300. (Average, $1,000) "Widow" Gets Twin Cities' High Money Minneapolis, Nov. 19. — "The Merry Widow" was the money-maker of the week in both Minneapolis and St. Paul. At the State here it was $1,000 over average on a gross of $6,500 and at the Paramount across the river it was $700 up on a gross of $6,200. "The Age of Innocence" was strong here at $6,000 in the Orpheum and "Chu Chin Chow" made a good show- ing at the World in its second week with a gross of $3,000. "Little Friend," another Gaumont British fea- ture, was strong at $2,500 in the St. Paul World. Total first run business in Minne- apolis was $23,600. Average is $21,000. Total first run business in St. Paul was $18,100. Average is $16,000. Estimated takings : Minneapolis: Week Ending Nov. 15: "MARIE GALANTE" (Fox) CENTURY — (1,000), 25c-40c, 7 days. Gross: $3,800. (Average, $4,000) "THE CASE OF THE HOWLING DOG" (Warners) LYRIC— (1,000), 20c-25c, 7 days. Gross: $1,800. (Average, $1,500) Week Ending Nov. 16: "THE AGE OF INNOCENCE" (Radio) ORPHEUM— (2,900), 25c-50c, 7 days. Five acts of vaudeville. Gross: $6,000. (Aver- age, $5,500) "THE MERRY WIDOW" (M-G-M) STATE— (2,300), 25c-40c, 7 days. Gross: $6,500. (Average, $5,500) "WAKE UP AND DREAM" (Univ.) TIME— (300), 25c-35c, 7 days. Gross: $2,500. (Average, $2,500) "CHU CHIN CHOW" (Gaumont British) WORLD— (400), 25c-75c, 7 days, 2nd week. Gross: $3,000. (Average, $2,500) St. Paul: Week Ending Nov. 15: "THE MERRY WIDOW" (M-G-M) PARAMOUNT— (2,300), 25c-40c, 7 days. Gross: $6,200. (Average, $5,500) "PURSUIT OF HAPPINESS" (Para.) RIVIERA— (1,200), 25c-40c, 7 days. Gross: $4,000. (Average, $3,500) "SIX-DAY BIKE RIDER" (F.N.) ORPHEUM— (2,000), 25c-40c, 4 days. Five acts vaudeville. Gross: $2,500. (Average, $4,000 for the week) "A LOST LADY" (F.N.) ORPHEUM— (2.000), 25c-40c, 3 days. Gross: $1,500. (Average, $4,000 for week) "STUDENT TOUR" (M-G-M) TOWER— (1,000). 15c-25c, 7 days. Gross: $1,400. (Average, $1,500) "LITTLE FRIEND" (Gaumont British) WORLD— (300), 25c-75c, 7 days. Gross: $2,500. (Average, $2,000) Miss Tobin Improved Montecito, Cal., Nov. 19. — The condition of Genevieve Tobin, who was injured in an automobile accident here Saturday, was reported better here today. The actress and her mother, who was riding with her, are both suffering from fractured collar bones. Moore Film Did $9,600 The first week's engagement of "One Night of Love" at the Garrick, Chicago, resulted in a gross of $9,600, and not $5,500 as published. Cantor Grosses $51,000 "Kid Millions" reached $51,000, a whopping gross for the Rivoli, in its first week. Loose Again Hollywood, Nov. 19.— The Four Marxes are at it again. Irving Thalberg has ordered them out of his bungalow with a curt, "Don't come back until called." Seems as though the quad- ruplets busted up two type- writers and now Harpo has his eye on the blonde secre- tary. "We Live" Is Frisco's Top With $12,000 San Francisco, Nov. 19. — "We Live Again" was the outstanding draw of last week. It went to $12,000 at the United Artists, over average by $4,000. "The Gay Divorcee" was still strong in its third week at the Golden Gate, getting $12,000. "We're Rich Again" and "Girl of the Limberlost" had a par $9,000 at the Orpheum. Total first run business was $77,200. Average is $83,000. Estimated takings : Week Ending Nov. 13: "THE GAY DIVORCEE" (Radio) GOLDEN GATE— (2,800), 25c-35c-40c, 7 days, 3rd week. Stage, band. Gross: $12,000. (Average, $13,000) Week Ending Nov. 14: "KANSAS CITY PRINCESS" (Warners) "FIFTEEN WIVES" (Chesterfield) FOX— (4,600), 15c-30c-40c, 7 days. Gross: $9,500. (Average, $11,000) "HELL IN THE HEAVENS" (Fox) "GENTLEMAN ARE BORN" (Warners) PARAMOUNT— (2,670), 25c-35c-55c-65c, 7 days. Gross: $10,500. (Average. $11,000) "THE MERRY WIDOW" (M-G-M) WARFIELD— (2,700), 25c-35c-55c-65c. 7 days, 2nd week. Gross: $17,200. (Average, $23,000) Week Ending Nov. 15: "GIRL OF THE LIMBERLOST" (Monogram) "WE'RE RICH AGAIN" (Radio) ORPHEUM — (3,000), 15c-30c-35c-40c, 7 days. Gross: $9,000. (Average, $9,000) "WHAT EVERY WOMAN KNOWS" (M-G-M) ST. FRANCIS— (1,400), 15c-35c-55c, 7 days. Gross: $7,000. (Average, $8,000) "WE LIVE AGAIN" (U.A.) UNITED ARTISTS— (1,200), 15c-35c-55c, 7 days. Gross: $12,000. (Average, $8,000) Salt Lake House Burns Salt Lake City, Nov. 19. — The old Hippodrome Theatre, originally the Grand, was swept by flames last night. Damage is estimated at $20,000 to the building and between $5,000 and $10,000 to the contents. The blaze broke out just after the audience, which attended "Follies of 1935," had left the building. Only the four walls are left stand- ing today. Wanger in Studio Deal Hollywood, Nov. 19. — Walter Wanger has made a new arrangement with Erpi to continue production at the General Service Studio. Miss Sermolino on Reel Marie Sermolino, formerly of Time's editorial staff, has been as- signed to the March of Time newsreel as head of the research department. "Widow" Gets Big $21,000, Philadelphia Philadelphia, Nov. 19. — In the first week of a price reduction "The Merry Widow" topped the field with $21,000 at the Boyd and was held. "We Live Again" got off to a good $10,000 in its first week at the Aldine and "Marie Galante" brought the Fox take to $14,500. "The Barretts of Wimpole Street" had a good second run engagement at the Arcadia and "One Night of Love" ended its sen- sational three-week second run en- gagement at the Karlton with the handsome figure of $3,700. Total first run business was: $83,900. Average is $73,100. Estimated takings for the wreek ending Nov. 15 : "WE LIVE AGAIN" (U.A.) ALDINE— (1,200), 35c-40c-55c, 6 days. Gross: $10,000. (Average, $7,000) "BARRETTS OF WIMPOLE STREET" (M-G-M) (2nd run) ARCADIA— (600), 25c-4Oc-50c, 9 days. Gross: $4,200. (Average, 6 days, $2,400) "THE MERRY WIDOW" (M-G-M) BOYD — (2,400), 35c-40c-55c, 6 days. Gross: $21,000. (Average, $12,000) "STUDENT TOUR" (M-G-M) EARLE — (2,000), 40c-55c-65c, 6 days. Stage: "Bowery Music Hall Follies." Gross: $13,500. (Average, $12,000) "MARIE GALANTE" (Fox) FOX— (3,000), 35c-55c-65c, 6 days. Stage: Lillian Shade, J. Fred Coots, Eddie Stanley, Three Swifts. Gross: $14,500. (Average, $12,000) "ONE NIGHT OF LOVE" (Col.) (2nd run — 3d week) KARLTON— (1,000), 30c-40c-50c, 6 days. Gross: $3,700. (Average, $3,500) "THE SCARLET LETTER" (Majestic LOCUST— (1,300), 35c-40c-55c, 6 days. Gross: $2,500. (Average, $5,000) "THE GAY DIVORCEE" (Radio) STANLEY— (3,700), 35c-40c-55c, 6 days, 2nd week. Gross: $9,500. (Average, $12,000) "THE MENACE" (Para.) STANTON— (1,700), 35c-40c-55c, 6 days. Gross: $5,000. (Average, $6,000) "One Night" Pulls $5,200, Omaha Top Omaha, Nov. 19. — "One Night of Love" got off to a bad start at the Brandeis, due to a breakdown in the sound apparatus, but it built steadily to a gross of $5,200 on the week. Normal for this house is $3,500. The picture was held over. "Evelyn Prentice" did a nice $8,500 at the Paramount, and the dual bills, "Madame DuBarry" and "Green Eyes" at the World and "The Affairs of Cellini" and "Kansas City Princess" at the Orpheum, were both over par. Total first run business was $25,100. Average is $22,500. Estimated takings: Week Ending Nov. 14: "MADAME DUBARRY" (Warners) "GREEN EYES" (Chesterfield) WORLD— (2,200). 25c-40c, 7 days. Gross: $3,600. (Average, $3,500) "EVELYN PRENTICE" (M-G-M) PARAMOUNT— (2,800), 25c-40c, 7 days. Gross: $8,500. (Average, $8,000) Week Ending Nov. 15: "ONE NIGHT OF LOVE" (Col.) BRANDEIS— (1,500). 20c-25c-35c, 7 days. Gross. $5,200. (Average, $3,500) "THE AFFAIRS OF CELLINI" (U. A.) "KANSAS CITY PRINCESS" (Warners) ORPHEUM— (3,000), 25c-40c, 7 days. Gross: $7,800. (Average, $7,500) Tuesday. November 20, 1934 MOTION PICTURE DAILY "One Night" Tops Seattle Second Week Seattle, Nov. 19. — "One Night of Love" ran away with the big business here in its second week at the Liberty, getting $6,800, over normal by $2,800. Every other first run in town was below normal. "The Gay Divorcee" slipped to $3,300 in its third week at the Blue Mouse and "The Merry Widow" was down to $5,200 in its second week at the Fifth Avenue. Total first run business was $34,050. Average is $36,500. Estimated takings for the week ending Nov. 13 : "THE GAY DIVORCEE" (Radio) BLUE MOUSE— (950). 25c-40c-55c, 7 days, 3rd week of extended run from Music Hall. Gross: $3,300. (Average, $4,000) "THE MERRY WIDOW" (M-G-M) FIFTH AVENUE— (2,450). 25c-40c-55c, 5 days, 2nd week. Gross: $5,200. (Average, 1st week, $7,000) ,„ , , "ONE NIGHT OF LOVE" (Col.) LIBERTY— (1,800), 15c-25c-35c-50c, 7 day 2nd week. Gross: $6,800. (Average, 1st week, $4,000) "I SELL ANYTHING" (F.N.) "DANGEROUS CORNER" (Radio) MUSIC BOX— (950), 25c-35c-50c, 7 days. Gross: $3,150. (Average, $3,500) "HAPPINESS AHEAD" (Warners) MUSIC HALL — (2,275), 25c-40c-55c, 7 days. Gross: $5,400. (Average, $6,500) "KANSAS CITY PRINCESS" (Warners) ORPHEUM— (2,500), 25c-35c, 7 days. Vaudeville headed by Lowe and Hite. Gross: $5,200. (Average, $5,500) "WAGON WHEELS" (Para.) "STUDENT TOUR" (M-G-M) PARAMOUNT — (3,050), 25c-35c, 7 days. Stage revue, "Artists and Models." Gross: $5,000. (Average, $6,000) Looking 'Em Over (.Continued from page 4) faithfulness to the atmosphere of the original. Its backgrounds and cus- toms are so true to the period in which the story is set — around 1840-;- that the production strikes the spectator as one of realism. It is a pity that the photography is not always first-rate and that the recording at times makes the speech of the actors difficult to understand. "Madame Bovary" tells the tragic story of a convent girl (Valentine Tessier) enmeshed in an unhappy marriage. Her husband (Pierre Renoir) is a country doctor, crude, unromantic, but slavishly faithful to her. Two lovers (Fernand Fabre and Daniel Lecourtois) play an important part in her life and are the indirect cause of her tragic end. When her extravagance threatens the loss of her home, she is driven insane trying to raise money. When the two men fail her, she sees no way out but suicide. The final scenes detail her slow, torturing death from poison. Jean Renoir directed. No code seal. Running time, 100 minutes. "A." 4t New Seattle Sunday Closing Move Balked Seattle, Nov. 19.— Again the local courts have ruled that Seattle theatres and amusement parks may remain open on Sundays, despite an obsolete closing law that has not been enforced in many years. The latest showdown came this week when Superior Judge James Kinne denied a writ of mandate sought by Attorney A. D. Rosellini on behalf of two Seattle beer parlor operators who have been forced to remain closed on Sundays. It was his contention that the Sunday closing should apply to all interests. In denying the writ, Judge Kinne said that the petitioners would have to cite specific instances of violation of the closing law. In reply, the beer vendors stated that they would prob- ably single out an individual theatre and make such a complaint next week. "One in a Million" (Chesterfield) There is considerable entertainment in this Invincible production. It tells a familiar story well and mounts it richly and tastefully. An added asset is the acting of the principals. Dorothy Wilson is oustanding, giving a simple, sincere performance that draws sympathy to the charac- ter she plays. In Charles Starrett she has a fine romantic foil. Miss Wilson gets herself involved with the police when she pushes an official of the department store employing her off a balcony when the man tries to force himself upon her after inviting her to his apartment on the pretext of wanting to help her out of a theft charge, of which she is not guilty. With Gwen Lee she hides out at the apartment of Starrett's fiancee, where Miss Lee has gone to deliver a trousseau. She meets Starrett and attempts to dampen his ardor. When he is jilted by his sweetheart, he presses his suit with Miss Wilson more than ever. His father, head of the store where Miss Wilson is employed, opposes the match, but in the end he gives his blessing when the girl is cleared by the revelation that the man who tried to attack her used her as a dupe to cover up his theft of lingerie from the store to present to his girl friends. Holmes Herbert and "Big Boy" Williams are also in the cast. Frank Strayer directed. Code seal No. 189. Running time, 70 minutes. "G." MOTION PICTURE DAILY& HOLLYWOOD PREVIEW Empress" and Waring Smash In Pittsburgh Pittsburg, Nov. 19.— It was an even break here last week, with three houses shooting well above average and three others skidding. The big noise was the Stanley where Waring's Pennsyl- vanians and "The Scarlet Empress," gave the house a great $27,000 for its best business since last March. At the Alvin, "Hell in the Heavens" and a stage show went |2,500 over par at $12,500, while another winner was "Judge Priest," which in its second week gathered around $6,000 at the Fulton, counting in two extra days. Otherwise, the week was just so-so. "We Live Again" never got started at the Penn, winding up with an ordi- nary $11,000, and at the Warner, the combination of "Kentucky Kernels" and "Ladies Should Listen" was un- able to lift the house out of the dol- drums, resulting in an indifferent $4,000. Total grosses in six first runs were $64,800. Average is $55,000. Estimated takings for the week end- ing Nov. 15 : "HELL IN THE HEAVENS" (Fox) ALVIN— (2,000), 25c-40c, 6 days. Stage: Johnny Perkins, Four Trojans, Johnny Woods, Duffin and Draper, Perry Como, Streamline Alvinettes, Jerry Mayhall's or- chestra. Gross: $12,500. (Average, $10,000) "JUDGE PRIEST" (Fox) FULTON— (1,750), 15c-40c, 8 days, 2nd week. Gross: $6,000. (Average, for 6 days, $4,500) "WE LIVE AGAIN" (U. A.) PENN— (3,300), 25c-50c, 6 days. Gross: $11,000. (Average, $12,000) "OVER NIGHT" (English) PITT— (1,600), 15c-30c, 6 days. Stage: Bob Nelson, Bernard and Kay, Marie and Ann Clark, Young Kam Troupe, Merman and Bronson revue, The Cevenes, Reo and West. Gross: $4,300. (Average, $4,500) "SCARLET EMPRESS" (Para.) STANLEY— (3,600), 25-60c, 6 days. Stage: Waring's Pennsylvanians. Gross: $27,000. (Average, $19,000) "KENTUCKY'S KERNELS" (Radio) "LADIES SHOULD LISTEN" (Para.) WARNER— (2,000), 25c-40c, 6 days. Gross: $4,000. (Average, $5,000) Court Upholds Ban On Cleveland Duals Cleveland, Nov. 19. — Common Pleas Judge Alva Corlett today up- held the permanent injunction against double features here by overruling a motion for a new trial in the case of the Family Theatre, operated by Henry Kaplan, against the Center Woodland Amusement Co., operated by M. B. Horwitz. A rehearing of the case was asked by Lawrence Rich, attorney for Morris Israel of the Erie Theatre, an interested party. Martin Printz, manager of the Al- hambra, reports first run duals are playing to capacity at his house. "Wicked Woman" (M-G-M) Hollywood, Nov. 19. — Mady Christians, in her American film debut, visualizes the virtues, sacrifices and heartaches of a mother of four. The title must refer to her righteous action in murdering her husband, who carried on an unlawful trade, as otherwise she is a model woman. Moving away from the scene of her crime with her brood, determined her children will grow up clean and honest, in a 15-year period she suc- ceeds as a business woman with her children respected. In order to clear her name of the stigma, with remarriage in the offing, she returns to the bayou country and expiates her crime with the sudden appearance and dramatic testimony of the children acquitting her. The production contains a mixture of genuine feeling and sentimental- ity. Miss Christians evidences histrionic ability. Jean Parker and Betty Furness play her daughters, William Henry plays the son with the same roles played as children by Marilyn Harris, Betty Jane Graham and Jackie Searl. Charles Bickford does a secondary role well. The screen play by Florence Ryerson and Zelda Sears is from Ann Austin's book. Charlie Brabin directed well. The picture will satisfy family neighborhood trade, being a good aver- age feature. Previewed without code seal. Running time, 76 min- utes. "G." "Gentlemen Are Born," tomorrow night's opener at the Strand, was covered by wire from the coast Oct. 13. "Marie Galante," last night's preview at the Mayfair, was reviewed by wire from Hollywood on Nov. 10. "Menace," tomorrow night's preview at the Rialto, was reviewed by wire from Hollywood on Oct. 3. Weshner Gets First Runs Only in Phila. (Continued from page 1) Milwaukee reported Weshner would handle the Eastern Pennsylvania zone. "We have great plans for the Phila- delphia zone," declared Bernhard. "Our system of classification of pic- tures for family and adult audiences recently inaugurated in this zone is already a great success. Our recent act of reducing admission prices for our theatres there has also met with the wide acclaim of the Philadelphia public. "Realizing that Philadelphia is one of our most important theatre zones, we are constantly striving to strength- en the organization there. And bringing Weshner from Milwaukee to Philadelphia is in line with our plan of setting up the best men we can find in this territory. All activities in this zone are under the direction of Leonard Schlesinger, who continues as zone manager." Sprague to Paramount Hollywood, Nov. 19. — Chandler Sprague has joined the Paramount writing staff and will adapt "Sacri- fice." Presented by CARL LAEMMLE 12 MOTION PICTURE DAILY Tuesday, November 20, 1934 Para. Claims Set; Hearing Off to Dec. 3 {Continued from page 1) completion of the Paramount reorgani- zation plan which will make the settle- ment effective. The hearing on the trustees' motion in relation to the $13,300,000 Para- mount creditor banks' claim was ad- journed by Joyce to Nov. 26. This, too, probably will be stricken off as a result of the settlement of the claim with the creditor groups, now em- bodied in the Paramount reorganiza- tion plan. Under it, the banks receive $5,173,574 in cash and an adjustment of the $9,800,000 balance in new se- curities on the same terms as provided for general creditors. This settlement is also dependent for effectiveness on a final plan of reorganization for Para- mount and upon action on the banks' motion to dismiss the proceedings be- fore Joyce, which is now pending be- fore Federal Judge Alfred C. Coxe and scheduled for hearing tomorrow. Hearing on the Paramount Broad- way claim was postponed to Dec. 3 by Joyce. The settlement of this $8,875,000 claim, described in Motion Picture Daily yesterday, is also a part of the tentative plan of reorgani- zation for Paramount and will be au- tomatically eliminated when the plan is made operative. A scheduled hearing on a claim of the trustee of the Stanley Co. in the amount of $1,513,604 was also ad- journed by Joyce to Dec. 3. It was revealed, however, that the claimant has agreed to a reduction of the claim to $32,500. Counsel for the Paramount Publix trustees, however, asserted that they believe the claim to be "without merit" and will file objections to it even in the reduced amount. Say Hamm, Brewer, Dominates Circuit (Continued from page 1) old Publix circuit. This interest amounts to control, say some. The impression also prevails that the new setup will acquire more houses rather than relinquishing any wherever it is felt acquisitions are necessary to protect the company's buying power. Holds Film Symposium Los Angeles, Nov. 19. — The Mod- ern Forum, sponsored by local educa- tional, civic, political and scientific leaders, tonight devoted its semi- monthly meeting at the Philharmonic Auditorium to a symposium on film problems. Among those who took part in the discussions were Alice Brady, Irving Pichel and Gus McCarthy. To Build at Norwalk, O. Norwalk, O., Nov. 19. — Jerry Steel, of the Appolo in Oberlin and William Selman film salesman formerly with U. A., are planning to build a de luxe house here. Fred Clary, formerly assistant manager of the Public Audi- torium in Cleveland, and prior to that with Loew's, is slated to be manager. Monogram May Tip Next List to 52 (Continued from page 1) schedule calls for 20 features and eight westerns. Stating that Monogram has added 1,000 theatre accounts during the cur- rent season, Johnston cited the gain as a major reason for an increase in the schedule next year and as a vin- dication of the company's production trend to family-type entertainment, such as "Girl of the Limberlost" and "Keeper of the Bees." In line with a continuation of the policy, he said, Monogram had just acquired produc- tion rights to Richard Henry Dana's "Two Years Before the Mast," James Fenimore Cooper's "The Spy," and "Five Little Peppers." Johnston visited exchanges at Se- attle, Kansas City, Cleveland and Cincinnati en route east. Code Changes Talked By Allied Directors Baltimore, Nov. 19. — Revision of the code in the interests of independ- ent exhibitors and enactment of legis- lation to protect theatre owners against taxes on copyrighted music were discussed at a meeting of Allied regional directors at the Hotel Emer- son here today. Walter Littlefield presided. Sidney Samuelson, Abram F. Myers, and Herman A. Blum were among those in attendance. Members of the M. P. T. O. of Maryland and a group of independents from Baltimore and other parts of the state joined the Allied men at a lunch- eon at which Frank A. Hornig, presi- dent of the Maryland exhibitor or- ganization, presided. Among the guests were Mayor Howard Jackson of Baltimore and Herbert O'Conor, states attorney and state attorney general-elect. Walsh Will Appeal San Francisco Ruling San Francisco, Nov. 19. — Morgan Walsh, leader in the formation of the code, will appeal a reduced admission decision against him in a complaint filed by Joe Blumenfeld, operator of the American, Oakland. The alleged cut was made at the T. & D. Theatre in Oakland. Blumen- feld contended Walsh's contracts with RKO, Paramount and Columbia spe- cified that the T. & D. charged 20 cents admission. The house is now charging 15 cents for all seats except loges. The grievance board ordered film service stopped. Miss Molseed Helps Nebraska Code Study Omaha, Nov. 19. — Miss Regina Molseed, secretary of the local code boards, has been selected as one of eight members of an executive com- mittee representing 273 code workers in Nebraska, who will examine the present code setup and make recom- mendations for state laws to the new legislature for a self-governing or- ganization. Robert K. Straus, representing the NRA board at Washington, recom- mended to all local code officials that they group their executive functions in a single office. Death Halts Action On K. C. Clearance (Continued from page 1) and Tyree Dillard was today deferred until Wednesday by the death in Omaha of the mother of Elmer C. Rhoden, Fox Midwest division mana- ger, who is a member of the zoning body. It is expected a definite vote on the recommended plan will be taken Wednesday, in time to apprise Thursday's meeting of Campi in New York. While board members refused to divulge the recommendations left by the Campi emissaries on the ground they are only tentative, it is under- stood the trio instructed the board to include the protection bargaining prin- ciple in the clearance schedule. Wheth- er this will be an out-and-out protec- tion system or a modified form will be decided Wednesday, but it is learned on excellent authority the plan will include the inherent right of the exhibitor to ask for and the dis- tributor to grant protection over an equally priced house. It is also understood that, while the recommendations did not contemplate disturbing clearance periods, as fa- vored by the board, certain revisions were instructed, including scrapping or modifying the variable admission clause whereby a theatre must main- tain a fixed admission or be delayed in clearance. This provision was at- tacked by independents as illegal price fixing. W. D. Fulton, acting for an inde- pendent group, today drafted a pro- test against protection to be forwarded to Campi. Schaefer spent the week-end with Code Bills Go Out Under New Payment Plan (Continued from page 1) production and distribution companies. Major producers and distributors have advanced against their assessments a total of $100,500 to Campi, to date. No advances have been received from any independent company. A provision of the producer-dis- tributor assessment schedule makes it possible for a company which feels that the $120 minimum assessment would be unfair to it, to obtain in- dividual adjustment subject to NRA approval. Portland Wage Row Gets NRA Hearing Portland, Nov. 19. — Exhibitors and operators today submitted data in the wage dispute here to Robert A. Gaven, deputy NRA administrator. Operators claim $1 per hour under the code. Suburbans protest this is too high. A decision is expected by Dec. 1. John Balaban in Excelsior Springs, Mo., delaying his departure until to- day. He left by plane. Edward Golden, George Schaefer and Tyree DSllard returned to New York last night. FOR BETTE PROJECTIO USE NATIONAL PROJECTOR CARRONS m mm Itat ,7-.; NATIONAL High Intensity High-Low Suprex and A. C, High Intensity NATIONAL CARBON COMPANY, INC. Carbon Sales Division, Cleveland, Ohio Unitof Union Carbide and Carbon Corporation Branch Sales Offices: code New York Pittsburgh Chicago San Francisco PROJECTOR CARBONS High intensity projection for theatres of every size. The Leading Motio) Picture Industry MOTION PICTURE DAILY Alert, Intelligent OL. 36. NO. 121 NEW YORK. WEDNESDAY, NOVEMBER 21, 1934 TEN CENTS 3ennsylvania Hopeful Over Sunday Shows democratic Gains Held Liberalizing Factor Harrisburg, Nov. 20. — Chances of speal of the Sunday blue laws of 794, which ban films and other musements on Sundays are vastly nproved as shown by analysis of re- jlts of the Nov. 6 balloting in which le Pennsylvania Democrats elected a J. S. Senator for the first time in 76 ears ; a governor for the first time in 4 years ; wrested control of the lower ouse from the Republicans by a big largin, and reduced the Republican lajority in the Senate. While the fight for Sunday films, rhich has been waged with growing trength in every regular session of le legislature in the last couple of ecades, has not been along strictly arty lines, the Democrats have been (Continued on page 8) tf-G-M Takes Over Trailers Shortly M-G-M will begin distribution of :s own trailers next month, the first } be made available being the trailer or "Biography of a Bachelor Girl," ie Ann Harding and Robert Mont- omery picture which is set for na- ional release Jan. 4, according to resent plans. Although M-G-M has been making :s own trailers since early this year, {Continued on page 8) To Organize Fight Against Censorship Washington, Nov. 20. — All forms f film censorship will be opposed at conference on "civil liberties" called ■y the American Civil Liberties Jnion to meet here Dec. 8 and 9. A tentative program made public oday discloses that picture censor- hip will be one of the major sub- ects, on which the meeting will adopt (Continued on page 11) Allied Is Checking On Selling Policies Allied is checking up on policies of listributors to determine whether the ales plans in New York are national >r local, it was reported to members >f the New Jersey unit yesterday. Sidney Samuelson, who atf nded the astern regional of Allied directors in (Continued on page 11) Purity Drive Justifiable, States Kent Says Films Became Too Strong and Sexy By BRUCE ALLAN London, Nov. 20. — The purity cam- paign in the United States was justi- fiable because films had gotten too strong and too sexy, S. R. Kent de- clared in a press interview here today. He leaves for New York Nov. 28 on the Bercngaria and, while osten- sibly he came over in connection with the sale of Fox Film's 49 per cent interest in Gaumont British, he had nothing to say on that score today. In touching on the patent problem in the States, Kent gave it as his (Continued on page 5) Fight Won by ITOA On 306 Injunction Albany, Nov. 20. — In a decision handed down today the New York Court of Appeals ruled the temporary injunction issued to Harry Sherman during his presidency of Local 306, I.A.T.S.E., ordering 14 members of the I.T.O.A. in New York City to re-employ 56 union members dis- missed in August, 1933, was improper- ly granted. The court reversed the order with costs. The theatre owners in their court (Continued on page 5) North Dakota Wins Sunday Film Shows Fargo, N. D., Nov. 20.— The state- wide referendum on Sunday films for North Dakota has apparently been won by theatre interests, although the voting was so close that a recount was necessary. With only three precincts un- counted, the tally shows a plurality of 1,090 votes for legalizing Sunday shows. Theatres will open on Sun- day beginning Dec. 9 when the offi- cial count is completed. The issue lost by 372 votes at the last referen- dum two years ago. Price Stabilization In K. C. Is Jolted Kansas City, Nov. 20. — Moves to stabilize prices here, which seemed successful several weeks ago, were seen headed for the rocks today with the announcement of a reduction in (Continued on page 11) Bernerd May Obtain Radio Appointment London, Nov. 20. — Jeffrey Bernerd, now one of the top rank executives with Gau- mont British, may join Radio Pictures here as managing director. Sol G. Newman held this post until his death recently. If Jeffrey Bernerd joins Radio in England, the move would mean abrogation of his long contract with G. B. Originally, a seven and a half year deal, Bernerd still has six to go under the arrange- ment. No word of such a switch was known at G. B. of Ameri- ca yesterday. Ned E. Depinet, speaking for Radio, denied there was "anything to the report." He added it was the com- pany's intention of filling the Newman post from the ranks of the British distributing company. Moves Impend On Clearance In N. Y., N. J. New York and New Jersey will have clearance and zoning schedules within the next few months, according to prominent local exhibitors who are preparing to move on Campi for a rezoning of the territories. Phila- delphia, which has had parts of the territory zoned, may have a complete shifting of areas, provided a contem- plated petition is approved by Campi. All three moves are contingent on adoption of the Kansas City clearance and zoning plan. George J. Schaefer and Edward Golden are back from a two-day visit to the midwest key center and the expectations are that they will bring back a plan which Campi is likely to accept. At least, (Continued on page 5) Plunkett Advising Upon G. B. Scripts London, Nov. 20. — Joseph Plunkett is on the Gaumont British payroll as a special advisor in the script depart- ment where he is aiding on six pic- tures. Plunkett's job is to give the American perspective to the half dozen stories which are being made with an eye to an international market. Kansas City's Clearance May Furnish Model Compromise on Theatre Scales Vital Issue A tentative compromise agreement reached between George Schaefer and Edward Golden, Campi clearance and zoning members, and Kansas City ex- hibitors may serve as a guiding factor in national zoning, provided the K. C. factors approve the plan at a meeting today and it is also approved by Campi tomorrow. The compromise embodies both protection and admission prices as dominating factors. The agreement provides that second and subsequent runs with identical admissions can play features simultaneously, but dis- tributors retain the right to sell priority dates, if desired. At the last Campi session, members of the board wanted to adopt the K. C. schedule on a geographical rezoning basis, but, one of the three members of the clearance and zoning committee (Continued on page 5) Kuykendall Bangs Clearance Delays Clearance and zoning, if left entirely by exhibitors to local boards and Code Authority, would "collapse from lack of interest," Ed Kuykendall, M.P.T. O.A. president and Campi member, states in a current bulletin released to M.P.T. O.A. members yesterday. Kuykendall takes Code Authority to task for its inaction on clearance (Continued on page 5) England Now Out of Depression — Schenck England has recovered from the de- pression, Joseph M. Schenck, presi- dent of United Artists, asserted upon his return yesterday from a month's trip abroad. Admitting Douglas Fairbanks had sold his interest in London Films, Schenck denied he had disposed of his (Continued on page 5) "Black Ivory" Second FitzPatrick Feature James A. FitzPatrick yesterday de- cided on "Black Ivory" as his second independent feature. It will be made all in three-process Technicolor and based on the life of H. M. Stanley, African explorer. FitzPatrick and his (Continued on page 5) MOTION PICTURE DAILY Wedne»day, November 21, 1934 MOTION PICTURE DAILY (Registered U. S. Patent Office) Vol. 36 November 21, 1934 No. 121 Insiders' Outlook Martin Quigley Editor-in-Chief and Publisher MAURICE KANN Editor JAMES A. CRON Advertising Manager 1 Published daily except Sunday and holi days by Motion Picture Daily, Inc., sub sidiary of Quigley Publications, Inc., Martin Quigley, President; Colvin Brown, Vice-President and Treasurer. Publication Office: 1790 Broadway, New York. Telephone Circle 7-3100. Cable ad- dress "Quigpubco, New York." All con- tents copyrighted 1934 by Motion Picture Daily, Inc. Address all correspondence to the New York Office. Other Quigley pub- lications: MOTION PICTURE HERALD BETTER THEATRES, THE MOTION PICTURE ALMANAC and THE CHI- CAGOAN. Hollywood Bureau: Postal Union Life Building, Vine and Yucca Streets, Victor U Shapiro, Manager; Chicago Bureau: 407 South Dearborn Street, Edwin S. Clif- ford, Manager; London Bureau: Remo House, 310 Regent St., London, W. 1, Bruce Allan, Representative. Cable address: "Quigpubco, London"; Berlin Bureau: Berlin - Terapelhof , Kaiserin - Augustastrasse 28, Joachim K. Rutenberg, Representative; Paris Bureau: 19, Rue de la Cour-des- Noues, Pierre Autre, Representative; Rome Bureau: Viale Gorizia, Vittorio Malpassuti, Representative; Sydney Bureau: 102 Sus- sex Street, Cliff Holt, Representative; Mex- ico City Bureau: Apartado 269, James Lockhart, Representative; Glasgow Bureau: 86 Dundrennan Road, G. Holmes, Repre- sentative; Budapest Bureau: 3, Kaplar-u, Budapest, II, Endre Hevesi, Representa- tive; Moscow Bureau: Civtzev Vrazhek. N. 25, Apart. 146, Moscow, U. S. S. R., Bella Kashin, Representative. Cable ad- dress: "Samrod, Moscow." Entered as second class matter, January 4, 1926, at the Post Office at New York City, N. Y., under Act of March 3, 1879. Subscription rates per year: $6 in the Americas, except Canada $15 and foreign $12. Single copies: 10 cents. N. Y. Trade Shocked By Clark's Passing New York exhibitor circles were shocked to learn yesterday of the death of R. M. Clark, for many years past the general manager of Griffith Amusement Co., Oklahoma City, and one of the most widely known exhib- itors in the Southwest. Clark, who was secretary of the M. P. T. O. of Oklahoma and an M. P. T. O. A. director, was 44 years old. He died Saturday of com- plications following on operation for appendicitis. Burial was at Okla- home City on Monday. Willard Mack Rites Set Hollywood, Nov. 20. — Funeral services were held here today for Willard Mack. Burial will be in Salt Lake City to comply with one of the deceased's last wishes, for a few days ago he requested he be buried in that city, the scene of his first stage success. Charles Callahan Buried Red Oak., Ia., Nov. 20.— Funeral services were held today for Charles Callahan, 56, who died Saturday fol- lowing a heart attack. For many years he was partner with Frank Good in the Iowana Theatre here. "Herbert" Gets $8,700 "Big Hearted Herbert" at the May- fair garnered $8,700 on the week. THE lawyers in the case, and Central Hanover for the banks; that means hordes of them, Gerald Brooks and Newton for have been tussling with the No- the stockholders; Vanderlip and vember 14 reorganization plan Klein for the debenture holders; for Paramount. Yesterday, Zukor on operation and what so however, they were reported to far is known as Mr. X. Brooks have finished their job of cross- is a man about town, identified ing additional letters and erasing with E. F. Hutton and Co. and is superfluous commas in anticipa- destined for the board as repre- tion that, finally and conclusively, sentative of a group of British the plan will be submitted to insurance companies, including Judge Coxe in Federal court Royal, which owns a sizable here by Friday or Saturday of chunk of the Paramount common this week. These matters being and a more formidable array of what they are, this outpost urges bonds. . . . against taking any odds that ▼ events will match the anticipa- Mr x., or the man yet to be tlon- • • • named, is expected to rate ▼ through the suggestion — power- However, this is what it looked ful — of Ralph Greve of Prudence like last night through the eyes Bonds which figured in Allied of factors in the situation who, Owners, original claimant to the if any do, know what they are tune of $23,644,000 and now whit- talking about. Indicative of how tied down to $5,000,000 in new the Paramount picture is chang- debentures, $150,000 in cash, the ing its spots and pointing up as purchase of the Alabama in Bir- well the difficulty of following mingham and the leasing of unexpected shifts in the balance Paramount theatres in Brook- are changes in the skeleton out- lyn, Fremont, O., and Glens line of the new directorate. For Falls, N. Y. To put it another instance, on Saturday those re- way Greve's company is the garded as set for posts were holder of the largest single claim, Adolph Zukor and George feels it is entitled to a director Schaefer, representing knowledge and undoubtedly will get it. . . . of the intricacies of film opera- y tion ; Frank A. Vanderlip and That covers eight of the 12 to Dr. Julius Klein, the debenture 14 or the 13 t0 15 who will holders; Percy Johnston and the others be? That's the ques- George W. Davison, the banks; tion an(j a \,\g one ;t is. Aside and Duncan A. Holmes and from Zukor, the seven, confi- Maurice Newton, the common dently believed to be agreed upon stockholders. . . . n0W; theoretically, at least, will ▼ take care of the financing and Last night the front had re- investment end of the rejuvenated aligned itself along a slightly company. Manifestly, something different tack with strong indi- should be done to round out the cations that the following seven board with men who know their men will have definite place celluloid do's and don'ts. The among the either 12 to 14 or "but" in the case or the fly in the 13 to 15 directors govern- the ointment, if you prefer, is the ing the reorganized company, if attitude of certain of the bank- and when : Johnston of the ing and investment interests Chemical and Davison of the (Continued on page 11) Eastman Pfd. Up 5 on Big Board Net High Low Close Change Sales Columbia Pictures, vtc 37 37 37 100 Consolidated Film Industries 354 354 354 — Vs 500 Consolidated Film Industries, pfd 17 16% 17 — 54 800 Eastman Kodak 110 10954 110 + 54 600 Eastman Kodak, pfd 143 140 143 +5 2,000 Fox Film "A" 1354 13% 13^ — 54 1,500 Loew's, Inc 34 3354 34 + % 10,900 Loew's, Inc., pfd 101 10054 101 + % 200 Paramount Publix, cts 3% 354 354 — lA 19.000 Pathe Exchange 154 1% 1% 2.500 Pathe Exchange "A" 1554 15 1554 — 54 900 RKO m 1% 1% 4,200 Warner Bros., pfd 4% 4% — Vt 900 Technicolor Advances % on Curb Net High Low Close Change Sales Technicolor 12% 12% 12% + % 1,000 Bond Market Has a Bad Day Net High Low Close Change Sales General Theatre Equipment 6s '40 8% 8% 8% — % 37 General Theatre Equipment 6s '40, ctf 854 8 854 — 54 8 Loew's 6s '41, ww deb rights 104 104 104 1 Paramount Broadway 554s '51 41 41 41 — 54 1 Paramount F. L 6s '47 57% 57 57 9 Paramount Publix 554s '50 57% 5654 5654 —154 40 Warner Bros. 6s '39, wd 59 59 59 — 54 5 < Purely Personal > HAROLD RAIVES, who operates the Rialto, East Rochester, and Temple, East Fairchild, N. Y., returns upstate either tomorrow or Friday after visiting friends and relatives. He says business is not so bad these days. Harry Shiffman and Lee Ochs are captains of the exhibitor division of the M. P. Club bowling team. Joe Hornstein is captain of the supply dealers' division. Harry Gold is in Dallas. As soon as he returns to New York, Charles Stern will make the round of ex- changes under his supervision. Fannie Hurst, author of "Imita- tion of Life," will see the picture ver- sion of her story for the first time today at a private screening. Sidney Samuelson returned from Baltimore yesterday and in the after- noon held the regular meeting of Allied of New Jersey. Fay Wray, who leaves for England today, will return in time to play a featured role in "Cardinal Richelieu" with George Arliss. Helen Hoerle and Maurice Marks have organized a publicity service under the name of Hoerle- Marks. William Gedris of Ideal Seating Co., Grand Rapids, arrived yesterday and leaves Friday for the furniture city. Dave Levy, New Jersey branch manager for M-G-M, leaves Dec. 21 for a month's vacation in Miami. Ben Lyon and Bebe Daniels art registered at the Lombardy, but speni the week-end in Baltimore. William Brandt, after five days it bed with the grippe, is up and arounc again. Lanny Ross has been signed to ai exclusive Brunswick record contract Preston Foster is in from th( coast and is at the Warwick. Lyda Roberti has been given a nev Paramount contract. William Scully is in Boston. Re turns Friday. Ampa's Star Lineup Jeanne Aubert, Fred Stone, Eva L Gallienne, Eleanor Smith, Arthui Tracy, Jimmy Savo, Roy Atwell, Ne< Wayburn, Dorothy Gish, Barbar; Kent, Harry Edington, Sam Wood Myrtle Leonard, Blossom Seeley Harry Green, Eddie Peabody and Ro; Ford's orchestra will be Ampa guest: tomorrow. Mrs. Grainger Better Mrs. James R. Grainger, wife o Universal's general sales manager, i: gaining ground steadily following i serious illness. Her condition, earliei regarded as critical by her doctors has improved sharply. She is now off the danger list and in the recuper ative stage. Reade Considers Miami Walter Reade will decide late thi.' week on plans to build a $125,00( theatre in Miami. He plans to leave for the southern resort sometime nexi month, or in January. THE DICTIONARY THAT CAME RUNNING OUT OF A PROJECTION telegraph office so that 60 of the World's Foremost Critics could blanket the globe with the good news — (next page is JOYFUL.') The telegraph wires are flashing it to every corner of the waiting world— GARBO's GREATEST! (Quick! Put these reviews into your lobby!) " TAINTED VEIL' is a truly fine picture. GARBO is more beautiful and more sincere than ever before ..." — Dan Thomas, NEA (Syndicated to 700 daily newspapers) "A most striking picture that will be popular everywhere. GARBO is at her best ..." — Rosalind Shaffer, Chicago Tribune Syndicate (Syndicated to 500 daily newspapers) ''GARBO retains her magic. GARBO as lovely as she looked in 'The Torrent: 'In 'PAINTED VEIL' GARBO has life, charm and unforgettable beauty ..." — Mollie Merrick, No. American Newspaper Alliance (Syndicated column in 50 metropolitan dailies) " 'PAINTED VEIL' is fine as a production and affords GARBO full sway of her emotional talents of which she takes full advantage. It presents a greater, more beautiful and sympathetic GARBO . . ." Warren Stokes, Associated Publications "GARBO's performance is truly magnificent . . ." — Jerry Hoffman, Los Angeles Examiner " 'PAINTED VEIL' is great. GARBO is more vitally human, more fascinating than ever before. MAR- SHALL is superb . . ." — William Mooring, Daily Express Film Weekly, England " 'PAINTED VEIL' presents tense drama with human appeal. From beginning to end the performances of GARBO and MARSHALL superb in emotional delicacy. . . " — Colonel Duckworth-Ford, Reuters (all papers throughout British Empire) "GARBO surpasses GARBO in 'PAINTED VEIL . . ."—Paula Walling, Vlntransigeant, Paris "GARBO is more beautiful than ever before. 'PAINTED VEIL' as a picture is superb ..." — Ruth Waterbury, Editor Movie Mirror "GARBO at her best. MARSHALL fine..."— Dorothy Donnel Calhoun, Western Editor Motion Picture Pub. "GARBO again proves her great superiority. . . " — Leonard Clairmont, Film Jurnalen Sweden "Blessed by GARBO's magic presence 'The PAINTED VEIL' is distinguished and powerful. You will enjoy it..." — Katherine Dougherty, Editor Photoplay " 'PAINTED VEIL' presents first lady of the screen in all that is first in fine entertainment . . ." — Regina Cannon, Western Editor Modem Screen "Never before has GARBO been more appealing than in 'PAINTED VEIL . . ." — Toto Davidson Ecran of Chile Sintonia Argentina, "In 'PAINTED VEIL' GARBO gives convincing flawless performance. There is a new quality in her voice and acting and most appealing mellowness with a tinge of the mysteriousness of the land which is the locale of the story. 'PAINTED VEIL' is undoubtedly her greatest achievement ..." — Dr. Albin Peterson, Swedish Tribune News "GARBO more human than ever before in a really interesting story. MARSHALL and BRENT fine in .support . . ." — J. D. Spiro, Cleveland Plain Dealer "GARBO's work finer than ever before. Her performance offers greater versatility . . ." — Edwin Schallert, Los Angeles Times "GARBO more alluring and fascinating than ever before . . ." — Elizabeth Wilson, Western Editor Silver Screen "This picture brings to screen a different GARBO. She is more human, more fascinating than ever before . . ." — John Mitchell, Western Editor, New Movie "A greater GARBO and a truly great picture. It should do a great deal to enhance her popularity the world over . . ." — Eugene Chrisman, Western Editor, Fawcett Publications "A new and more human GARBO. 'PAINTED VEIL' is her most enter- taining picture..." — James Fidler, Western Editor, Screenland Get ready for the GARBO SMILE! Wednesday, November 21, 1934 MOTION PICTURE DAILY Kansas City's Clearance May Furnish Model {Continued from page 1) suggested conferring with Kansas City exhibitors before passing the plan. At the same time admissions were ruled out. Schaefer and Golden were elected to visit Kansas City in an effort to clear the plan for imme- diate approval. With the compromise, exhibitors are victorious in their fight to retain admissions as guiding factors in clear- ance to a certain degree. That is, until one exhibitor ou'bids the next for protection. Distributors also gained a point when the clause was inserted in the tentative compromise that an exhib- itor can be sold a priority run despite admission. Campi has insistently refused to adopt any of the many schedules which have come before it for ap- proval because admission price clauses have automatically relieved distributor of the right to sell protecton. Ths has been pointed out from time to time in Motion Picture Daily. Exhibitors, however, have held that prices are the only means by which clearance can be set up. The compro- mise in Kansas City takes in both viewpoints, and in face of the pro- tracted delay in getting a plan in force, indications are that Campi will put its official okay on . the modifica- tions tomorrow. Attending the Kansas City hearing last week were W. Ray Johnston, Harry H. Thomas, Charles Reagan, western division sales manager for Paramount ; John Balaban and R. C. LiBeau in addition to Schaefer, Golden and Tyree Dillard, Jr., code legal aide. Objections Creep In Kansas City, Nov. 20. — With ex- hibitors prepared to meet Wednesday to discuss the compromise agreement on the local schedule, it is understood objections have been raised to the ten- tative plan whereby distributors can sell priority runs to theatres charging similar admissions. If the local board and Campi veto the compromise, little hope is held that Code Authority will adopt a clearance plan. According to some, the belief is that distributors do not want new clearance and zoning sched- ules and desire to continue selling as they are presently. Cases Against Reade Ruled on Tomorrow Two overbuying cases against Wal- ter Reade were heard by the New York grievance board yesterday. De liberation and decision was postponed until tomorrow. The first case was that of the Liberty, Freehold, N. J against the Strand, same city. The second was the Liberty, Plainfield, against the Strand, Oxford and Para- mount, same city. Leo Justin acted for Reade in both instances. Reade listened to both cases as they were presented yester- day. He didn't seem much concerned about them. Moves Impend On Clearance In N. Y., N. J. {Continued from page 1) that is the hope with which the men left New York last week. In asking for schedules for New Jersey and Philadelphia, the move is designed to break up the Warner zoning dominance in these territories, it is said. The New York move is designed to upset the Loew protection and clearances against independents in zones where the circuit is heavily entrenched. Nathan Yamins may make the pro- posal for the New Jersey plan, since a petition by Allied of New Jersey has been before Campi and tabled. The New York schedule will most likely be broached by Charles L. O'Reilly, president of the T.O.C.C., Harry Brandt, head of the I.T.O.A., recently stated that as soon as the local union situation is straightened out his unit would sign the code and the first demand would be a clearance schedule. Kuykendall Bangs Clearance Delays (Continued from page 1) and zoning, the sole subject to which the current five-page bulletin is de- voted. "The code provision for establishing openly negotiated and published clear- ance and zoning schedules," he writes, "was hailed as the principal benefit the individual subsequent run exhibitor would receive from the code. More legal expense was incurred probably in drafting this clause than any other in the code. But what has happened? The code, signed by President Roose- velt Nov. 27, "1933, has not resulted in establishing a single maximum clearance and zoning schedule as yet. A few minor, individual complaints have been disposed of, but no general plan has been approved for any city or territory." The bulletin closes by urging ex- hibitors to demand of local boards, Code Authority and distributors "an honest, practical solution" of the clear- ance and zoning problem. Campi Appeal Body Gets Four Plaints Four grievances were heard by Campi's appeal committee yesterday consisting of Austin C. Keough, chair- man, William Sussman and Joseph Seider. The cases were : Denham Theatre, Inc. and Interna tional Amusement Co., against Gen eral Theatres, Inc., Aladdin Theatre Corp. and Centennial Theatres, Inc on distribution of automobiles ; Roy Parry, Oriental, Indianapolis, against Roosevelt, same city, on country store nights ; Barton R. McLendon, State, Clarksville, Tex., against F. L. Wolf and O. A. Englebrecht, Colonial, same city, on overbuying; R. E. Martin, Texas, Memphis, Tex., against M. Boren and Mrs. Max L. McClure, Palace and Ritz, same city, on over- buying. Fight Won by ITOA On 306 Injunction (Continued from page 1) fight against the 'injunction submitted nine questions, but only that as to whether the writ was properly granted was answered. In its ruling the ap- peals tribunal held the other ques- tions remained unanswered because they were unnecessary to the decision. An opinion written by Judge Leonard Crouch accompanied the de- cision, in which all the judges of the court concurred. Rigney Stops Last Bank Night in K. C. Kansas City, Nov. 20. — Using cessation of film service as its weapon, the local grievance board has won its fight to persuade J. F. Rigney to dis- continue bank nights at his Westport Theatre. Rigney has filed a certificate of compliance. The board's final desist order, up- held by Campi on appeal, was served on Rigney, Oct. 18, but he continued to defy the board until he found he would soon be without product. Bank nights have now been abol- ished entirely in Kansas City. Two city exhibitors who had contracted for the service canceled their contracts when it was made clear the board was determined not to permit the practice here. Another theatre quit when stop- page of film service was threatened. The practice, however, is going strong in the territory, the Dickinson circuit having just signed contracts with R. W. McEwan, territorial dis- tributor, for its entire string of 19 theatres. A unique twist to the situation is that Dickinson had filed four bank night complaints against competitors. Upon signing for the service, he asked the board to hold three of the cases in abeyance, and it is understood they are to be dismissed. The fourth com- plaint, against C. B. McAleer, Or- pheum, Parsons, Kan., was determined in Dickinson's favor and later ap- pealed. Poll on Gifts Planned Milwaukee, Nov. 20. — That the question of giveaways is to be put to a vote in Milwaukee County was learned today when the local clearance board defined that territory as the area within which the Hollywood Theatre here stands. The request to define the proper area under the code was made to the board by the theatre. Thomas Reaches Dallas Dallas, Nov. 20. — Seeking new distribution territory, Harry Thomas, head of First Division Exchanges, has arrived here after spending Saturday and Sunday in Kansas City. Thomas said he may open new exchanges and was also contacting prospective dis- tributors for the new March of Time newsreel. Bromberg to Celebrate Arthur C. Bromberg, head of dis- tribution for Monogram in the south, celebrated his 25th anniversary in the industry this month. He has always been an independent distributor and for the past 20 years has been asso- ciated with W. Ray Johnston, presi- dent of Monogram. Purity Drive Justifiable, States Kent (Continued from page 1) opinion that the issue involved proc- esses and not basic principles. He also divulged that Fox planned to increase its output of one-reelers and to drop two reelers and cited a company plan of reissuing "Caval- cade" here next Armistice Week. Periodically, the film will be revived, added Kent. Educational furnishes the bulk of the Fox short subject program. Earle W. Hammons, president of the com- pany when asked to comment on the London report outlining Kent's plan, said yesterday he could not credit it. "As a matter of fact," explained Hammons, "we have done just the opposite for the new season and have trimmed the approximate 100 single reelers released last season to 52 for the new season. Correspondingly, we have increased the output of two- reelers to 62 for 1934-35." England Now Out of Depression — Sehenck (Continued from page 1) own interest in either London Films or British & Dominions. He said the former would make four this season and Alexander Korda, production ex- ecutive of the company, will be here in three weeks. Sehenck stated no arrangements had been made to release here the Winston Churchill feature on the London Films schedule. He said it may be broken up into shorts for American distribu- tion. The U. A. head also stated the company does not contemplate adding theatres abroad at this time. He added that a number of the French cast of "Folies Bergere" were on the Paris enroute to the coast to appear in the French version of the film Darryl Zanuck will make with Maurice Chevalier and Merle Oberon. George Arliss, on the Majestic with Sehenck, declared that he had no plans set after he completes "Cardinal Richelieu" for Zanuck and two Gau- mont British films. Arliss plans to leave for the coast in two weeks. He said business conditions, particularly in the picture industry, are extraor- dinarily good in England. i(Black Ivory" Second FitzPatrick Feature (Continued from page 1) Technicolor unit leave for Africa after the first of the year for native back- ground material. Following "Black Ivory," FitzPat- rick will go to Hollywood and make a feature based on "The Loves of Franz Liszt." M-G-M in all prob- ability will release the feature as well as the 12 Technicolor "Traveltalks" next season. Fox Signs Dinehart Hollywood, Nov. 20. — Alan Dine- hart, currently appearing in Fox's "Lottery Lover," has been signed to a long term acting-writing-directing contract by the company. TOMORROW NIGHT'! Polls Open From Coast to Coast at 8 P. M (Eastern Standard Time) LECTION NIGHT! ,400, Portland Portland, Nov. 20. — "One Night of Love" was the outstanding attraction, holding the spotlight at the Paramount and securing $9,400, over normal by $4,400. The opening of the new Mayfair was most gratifying, "Lady by Choice" bringing in $4,000, or $1,000 over normal. "The Gay Divorcee" was held over for a fourth week. It secured another normal take of $2,000 in its third. "Big Hearted Herbert," together with a stage show featuring Edward Arnold, drew $4,500 at Hamrick's Or- pheum, $1,500 over the usual gross. Total first run business was $31,900. Average is $25,000. Estimated takings for the week end- ing Nov. 16: "OUTCAST LADY" (M-G-M) "I SELL ANYTHING" (F. N.) BROADWAY— (1,912), 25c-35c-40c, 7 days. Gross: $4,700. (Average, $5,000) "THE LAST GENTLEMAN" (U. A.) ORIENTAL— (2.040). 25c, 7 days. Gross: $2,500. (Average, $2,000) "BIG HEARTED HERBERT" (Warners) HAMRICK'S ORPHEUM— (1,700), 25c- 35c-40c, 7 days. Stage show. Gross: $4,500. (Average, $3,000) "THE GAY DIVORCEE" (Radio) MUSIC BOX— (1,000), 25c-35c, 7 days, 3rd week. Gross: $2,000. (Average, $2,000) "LADY BY CHOICE" (Col.) MAYFAIR— (1,700), 25c-35c, 7 days. Gross: $4,000. (Average, $3,000) "ONE NIGHT OF LOVE" (Col.) PARAMOUNT— (3,008), 25c-35c-40c, 7 days. Stage show. Gross: $9,000. (Average, $5,000) "TRANSATLANTIC MERRY-GO- ROUND" (U. A.) UNITED ARTISTS— (945), 25c-35c-40c, 7 days. Gross: $4,800. (Average, $5,000) Hollywood Personals Hollywood, Nov. 20.— Pat O'Brien's parents visiting him from the east. . . . Tom Buckingham's widow, Jane Buckingham, gets a role in 'North Shore" at Warners. ... Ray Jones has moved his still camera to Columbia. . . . Richard Dix host to a party at Levy's Tavern. . . . Louis B. Mayer, who usually wears dark suits, now appearing in grey. . . . Evelyn Venable chirping about her new contract with Paramount. . . . Margaret Hamilton started life as a kindergarten teacher. . . . Max Baer's brother, Buddy, is here to visit Max. . . . Ann Sothern has acquired a cottage in Palm Springs. . . . Jean Arthur partied the cast and crew of "Passport to Fame" at Columbia with her winnings on the Stanford-U.S.C. game. . . . Earle Kenton's father, "Pop" Ken- ton, is playing a role in "Feud" at Columbia. . . . Valerie Hobson gets her first film lead in "Rendezvous at Midnight" at Uni- versal. . . . Albert DeMond has been assigned to write an original for Columbia titled "Mistaken Identity." . . . Maureen O'Sullivan's pa is in town from England. . . . Thelma Todd is building an annex to her beach restaurant where she will serve grouse and partridge cooked in wine and stuff like that. She calls it the Joya. . . . Lewis Stone spotted in "West Point of the Air" at M-G-M. . . . 6E very Woman' And Ellington Capital's Top Washington, Nov. 20. — "What Every Woman Knows," starring Washington's own Helen Hayes, to- gether with Duke Ellington and his orchestra on the stage, brought Loew's Fox to the top of the Capital's pile last week with a gross of $23,100, or $2,600 over average. A return engagement of "Judge Priest" — making the third downtown week — took Loew's Columbia over par bv $2,400 with a gross of $5,500. Buddy Rogers and his band, in com- bination with "Gentlemen Are Born," was worth only $18,400 to the Earle, $800 over par. "One Night of Love," playing its fourth and final week at the Metropoli- tan— and its fifth downtown week — faded out on a neat $4,800 to make a grand total of $58,100 for 37V2 days, beating the 36-dav run of "It Hap- pened One Night" by $3,100. "The Merry Widow" took the to- boggan in its second week, sliding from $20,000 the first week to $7,900 in its second. Despite the drop, the Cheva- lier-MacDonald opus is marked for Loew's Columbia the week beginning Nov. 23. The week's total was $68,200, down $3,000 from a par $71,200. _ Estimated takings, exclusive of tax, for the week ending Nov. 15 : "GENTLEMEN ARE BORN" (Warners) EARLE— (2.218). 25c-77c, 7 days. Stage: Buddy Rogers and orchestra, with Emily Van Loesen. Jack Douglas. Jeannie Lang. Three Rhvthm Rascals. Gross: $18,400. (Average. $17,600) "JUDGE PRIEST" (Fox) LOEW'S COLUMBIA— (1.264). 25c-40c. 7 davs (return engagement). Gross: $5,500. (Average. S3. 100) "WHAT EVERY WOMAN KNOWS" (M-G-M) LOEW'S FOX— (3.434). 25c-66c, 7 days. Stage: Duke Ellington and band, with Four Blazers. Ivie Anderson. Earl Tucker. Gross: $23,100. (Average. $20,500) "THE MERRY WIDOW" (M-G-M) LOEWS PALACE— (2.370). 35c-77c. 7 davs. 2nd week. Gross: $7,900. (Average. $14,500) "ONE NIGHT OF LOVE" (Col.) METROPOLITAN— (1.591). 25c-40c. 7 days (return engagement, 4th week). Gross: S4.800. (Average. S4.100) "LADY BY CHOICE" (Col.) RKO- KEITH'S — (1.836). 25c-55c. 7 davs. 'La Cucaracha" added. Gross: $8,500. (To- tal for nine-day run, $12,000.) (Average, $11,400) "Prentice" Is Kansas City's $11,000 High Kansas City, Nov. 20. — "Evelyn Prentice" was the leader in a dull week, topping average at the Midland by $1,000 for a take of $11,000. Total first run business was $35,940. Average is $36,100. Estimated takings : Week Ending Nov. 14: "LIMEHOUSE BLUES" (Para.) NEWMAN— (1,800), 25c-40c. 7 days, plus Saturday midnight show. Gross: $6,300. (Average. $7,000) "PECK'S BAD BOY" (Fox) UPTOWN— (2,000), 25c-40c, 6 days. Gross: $2,840. (Average. 6 days. $3,100) Week Ending Nov. 15: "THE CAPTAIN HATES THE SEA" (Col.) MAINSTREET— (3,100). 25c-35c-45c, plus tax, 7 days, plus Saturday late show. Stage: "Bowery Follies," with Wilson Bros.. Mayfield Trio, Georgia Hall, Mickey Carroll, Chuck Connors' Band, Andv An- derson. Gross: $8,000. (Average. $9,000) "EVELYN PRENTICE" (M-G-M) MIDLAND— (4.000), 25c-40c. 7 days, plus Saturday midnight show. Gross: $11,000. (Average. $10,000) "HOUSEWIFE" (Warners) TOWER— (2.200). 25c-35c. 7 days, plus Saturday midnight show. Stage: "Parisian Gayeties." with Sibyl Bowan; Barrv. Breen & Wyler; Three Burke Sisters; Al" Mardo; The La Rues; Paul Spor, m. c. Gross: $7,800. (Average, $7,000) "Prentice" Strong Indianapolis Draw Indianapolis, Nov. 20. — "Evelyn Prentice" pulled the heavy money here last week by garnering $6,000 at the Palace, over the line by $1,500. Total first run business was $28,- 250. Average is $25,000. Estimated takings for the week end- ing Nov. 17 : "PECK'S BAD BOY" (Fox) APOLLO— (1.171). 25c-40c. 7 days. Gross: $3,250. (Average, $2,500) "LIMEHOUSE BLUES" (Para.) CIRCLE — (2.638) . 25c-40c, 7 days. Gross: S4.000. (Average, $4,000) "THE PURSUIT OF HAPPINESS" (Para.) INDIANA — (3,133). 25c-40c. 7 days. Gross: $6,500. (Average. $7,000) "ST. LOUIS KID" (Warners) LYRIC— (1.896). 25c-40c, 7 davs. Vaude- ville. Gross: $8,500. (Average." $7,000) "EVELYN PRENTICE" (M-G-M) PALACE— (2,431), 25c-40c, 7 days. Gross: 1,000. (Average, $4,500) "Widow" Hits High $20,000 On the Loop Ch icago, Nov. 20. — Outstanding in a week of spotty business, "The Merry Widow" piled up $20,000 at the Roose- velt, going over the normal take by $9,000. At the same time "Straight Is the Way," helped by a stage show at the Oriental, grabbed a fine $19,000, over the line by $4,000, and "One Night of Love," in its fourth week at the Gar- rick, was $3,000 up on an $8,000 gross. "The Gay Divorcee," also in its fourth week, held up to $22,500 at the Palace. Total first run business was $135,- 500. Average is $129,600. Estimated takings : Week Ending Nov. 13: "THE MERRY WIDOW" (M-G-M) ROOSEVELT — (1,591), 25c-35c-50c, 7 days. Gross: $20,000. (Average, $11,000) Week Ending Nov. 15: "PECK'S BAD BOY" (Fox) CHICAGO— (4.000), 25c-35c-68c, 7 days. Stage: Jackie Cooper in person. Ann Green- way, The Yacopis. Gross: $30,000. (Average, $34,600) "ONE NIGHT OF LOVE" (Col.) GARRICK— (900). 25c-35c-40c, 4th week, 7 days. Gross: $8,000. (Average, $5,000) "STRAIGHT IS THE WAY" (M-G-M) ORIENTAL— (3.940), 25c-40c, 7 days. Stage: Benny Davis & revue. Gross: $19,000. (Average. $15,000) "THE GAY DIVORCEE" (Radio) PALACE — (2.509). 25c-35c-50c, 4th week, 7 days. Stage: Polly Moran, Carl Freed, Maurice Colleano and familv. Gross: $22,500. (Average. $22,000) Week Ending Nov. 16: "TRANSATLANTIC MERRY-GO- ROUND" (U. A.) UNITED ARTISTS— f 1.700), 30c-40c-60c, 7 davs. Gross: $16,000. (Average, $17,000) "THE ST. LOUIS KID" (Warners) APOLLO— (1.400), 25c-35c-50c, 7 days. Gross: $7,000. (Average. $12,000) Week Ending Nov. 17: "LIFE OF VERGIE WINTERS" (Radio) (Third Loop Week) STATE-LAKE— (2.776), 20c-25c-35c, 7 days. Stage: Verne Buck, Moore & Revel, Eve Maria revue. Gross: $13,000. (Average, $15,000) "Crime" and Show Lead in Oklahoma Oklahoma City, Nov. 20. — Helped by a stage show, "Crime Without Pas- sion" ran up to $2,400 in four days at the Liberty. This is $400 over a normal take for a week. "Evelyn Prentice" reached a par $5,000 at Warners, but business else- where was away off. Total first run take was $12,300. Average is $13,500. Estimated takings for the week end- ing Nov. 17: "EVELYN PRENTICE" (M-G-M) WARNERS— (1.900). 10c-20c-36c-41c-56c, 7 days. Gross: $5,000. (Average. $5,000) "HELL IN THE HEAVENS" (Fox) MIDWEST— (1.500). 10c-26c-36c-56c, 7 davs. Gross: $2,600. (Average. $4,000) "3S5 NIGHTS IN HOLLYWOOD" (Fox) CAPITOL— (1.200), 10c-20c-26c-36c-41c. 7 davs. Gross: $1,800. (Average. $2,500) "CRIME WITHOUT PASSION" (Para.) LIBERTY— (1-500). 10c-15c-26c-36c. 4 days. Stas-e show. Gross: $2,400. (Average, week. $2,000) "GAMBLING" (Fox) LIBERTY— (1,500), 10c-15c-26c-36c. 3 davs. Gross: $500. (Average week, $2,000) Kennedy Quits Seattle Seattle, Nov. 20. — Arthur J. Ken- ned}', recently appointed advertising manager for the Jensen-Von Herberg circuit, has resigned and is returning to Los Angeles to re-enter studio pub- licity work. MOTION PICTURE DAILY Looking 'Em Over "In Old Santa Fe" (Mascot) Average Ken Maynard western. The story is the usual thing — that of the hero coming to the rescue of the heroine's father as one way of winning the girl. Maynard with his pal, Gene Autry, meets Evalyn Knapp on the road as she is en route to her father's resort in the moun- tains. Kenneth Thomson and his aide, Wheeler Oakman, are after H. B. Warner's property in addition to his gold mine. Thomson frames Maynard on several occasions and almost succeeds in his designs, but the hero pulls the last straw, which happens to climax the villain's chance. Juveniles may be a trifle disappointed. There's not as much gun play and hard riding as in previous Maynard outdoor thrillers, but a definite redeeming factor for the youngsters is "Tarzan." The horse is around pretty much. The photography by Ernie Miller and William Nobles is very good. No production code seal when caught. Running time, 63 minutes. "G." Wednesday, November 21, 1934 Insiders' Outlook {Continued from page 2) which figure so importantly in Paramount's rapidly-forming, new framework. . . . T There are those who fail to cheer over the record of the earlier Paramount management. They argue the board might bet- ter be comprised of outside men and not managerial appointees who, by their presence on the board, might find it more or less simple to approve deals of their own making. There are others who recall some of the eventually disastrous theatre deals with which Paramount had to grapple subsequent to that memorable fall of '29. They are believed to incline away from appointments drawn too closely from the man- agement, fearing a recurrence of the near debacle of several years ago. . . . ▼ On the other hand, substantial factors in the maze fail utterly to see how the company can successfully proceed without a substantial representation on any board of men who know the ins and outs of the business. These interests, when they unburden themselves in conversation, recog- nize that the bankers have built up no illustrious record for them- selves in this field and that the harm they have done has far outweighed the good. Designat- ing the first eight in order to move the reorganization closer to its consummation may be nec- essary, since it is the new board, or part of it, which must present the plan for the court's considera- tion, but the aftermath is im- portant, too. Any film man, of course, knows what the bankers have failed to do in the past. Those who wish Paramount the best may well hope and hope hard, therefore, that this time downtown won't dominate too completely. . . . T - February 1, incidentally, looms stronger and stronger as the date on which the newly-born com- pany will begin to function. Sev- eral weeks may be required by Judge Coxe to study the plan, the anticipation being that he will view it as satisfactory, less a few minor changes. The procedure calls for a hearing, the lodging of complaints of which there may be some, perhaps many, and finally approval by individual stockholders and bondholders themselves. This latter step will prove lengthiest in point of time, but the machinery is moving in wholesale through the creditor, stockholder and debenture hold- ing groups which have been working for months through their organized committees. . . . T Some of the skeptics now want to know how Fox Theatres, whose principal assets in receiv- ership are a common stock own- ership in Fox Metropolitan, itself in bankruptcy, is going to carry to a conclusion that anti-trust action filed against Erpi in Fed- eral court here. The litigation, if pressed, would take years to conclude, and money. Fox The- atres, a defunct holding company, was itself made a defendant in an action by the Philadelphia Mort- gage Guaranty Co. last week to recover $389,436 for alleged propertv and tax defaults. . . . KAN N Allied Eyes Three Convention Cities Allied is eying three key centers for its national convention in January. The spots in mind are New York, Washington and Chicago. Decision will be made on the city after the two-day national directors' meeting in New Orleans on Dec. 11- 12. Abram F. Myers in all probabil- ity will be chairman of the New Or- leans session. From present indications Washing- ton may be the focal point of Allied's annual talkfest because of the legis- lative plans in view. Allied Is Checking On Selling Policies (Continued from page 1) Baltimore on Monday, reported that this unit was making a comparison of sales policies. M-G-M and Para- mount were the two companies dis- cussed. It was revealed that most compa- nies' policies are not as stringent out of town as in New York. One of the companies which had been insisting on weekly payments for shorts whether used or not was said to be relenting on this plan. Gar bo Going Abroad Hollywood, Nov. 20. — It is re- ported here that Greta Garbo is sail- ing for Sweden for the Christmas holidays, but the exact date of her de- parture is not known. New Marquee for Savoy Walter Reade will put up a new $14,000 marquee at the Savoy within the next few days. To Organize Fight Against Censorship {Continued from page 1) a policy of opposition to proposals for Federal censorship, either through the code or by creation of a new author- ity, or state censorship, with a demand that control be left exclusively to the industry, to agencies representing the audience and, in extreme cases, crim- inal prosecution. The organization also plans to go on record as opposed to radio censorship or any censorship of the press or mail. The object of the conference, it was declared by Roger Baldwin, director of the Union, will be to "unite all available forces in support of measures in Congress and by the Administra- tion directed against repressive prac- tices relating to the radio, motion pic- tures and the press." Price Stabilization In K. C. Is Jolted (Continued from page 1) Loew's Midland balcony prices. Upon the heels of the announcement came word that the Tower, independent first run, had decided to slash from a 35-cent top to 25 cents for all seats, beginning Friday. On the same day, starting with "Kid Millions," the Mid- land cuts its balcony prices from 40 to 25 cents nights and from 25 to 15 cents afternoons until 6 P. M. The Mainstreet's slash last week from 50 to 40 cents is generally cred- ited with starting the price-cutting wave as the house deviated from" the agreement adopted by circuit heads at the start of this season to maintain higher first run prices. Other first run cuts are expected shortly, but the Publix Newman will stay as is for the time being, it is understood. Berlin Is Engaged For Radio Musical Hollywood, Nov. 20. — B. B. Ka- hane today signed Irving Berlin to do the score for a Radio musical ex- travaganza called "Top Hat." All the leading players in the cast of "Gay Divorcee" will be used in the film, with Fred Astaire and Ginger Rogers co-starred. Berlin starts work tomorrow, col- laborating with Pandro Berman and Mark Sandrich on preparations for the picture. II Omaha World Lease Acquired by Blank Omaha, Nov. 20. — The 99-year leasehold on the World Theatre has been purchased by the A. H. Blank Tri-States Theatre Corp., from the World Realty Co., headed by Ralph Goldberg, manager of the Town and Avenue theatres. Blank has been operating the house on a rental basis for a number of years. The house will be closed Dec. 5 for redecoration, including replace- ment of 2,200 seats and new sound equipment. It will be opened on Christmas day, with a new marquee, exterior sign and new name. The World is the third of Blank's first runs, the others being the Paramount and Orpheum. Included in the deal was an agree- ment with Goldberg to close the State permanently, a downtown second run house which will be turned into a commercial business house. Hornstein on His Own in Equipment Joe Hornstein, who recently re- signed as head of Continental The- atre Accessories, Inc., a Warner sub- sidiary, has formed Joe Hornstein, Inc., to handle theatre supplies. Of- fices will be opened within the next few days. William Glick, who was with Horn- stein when the latter was in business for himself and also as local mana- ger for National Theatre Supply, again has lined up with Hornstein in the new enterprise. Salt Lake Trade Up 17.2% for October Salt Lake City, Nov. 20. — Retail trade here for October was 17.2 per cent greater than for the same period last year, according to a survey of the Federal Reserve Bank of San Fran- cisco. For the entire Twelfth District sales were up 20 per cent over October last year. Spokane topped the list and Seattle made the poorest showing with a gain of 10.4 per cent. $25,300 Pledged to Chest Hollywood, Nov. 20. — Pledges to- taling $25,300, representing 11.2 per cent of the quota for the industry, were reported today at the first com- mittee meeting of the film division of the Community Chest at the offices of the M. P. Producers' Ass'n. Subcom- mittees were named for each studio, with the drive officially getting under- way tomorrow. Booked by First Division Exchanges in East. Jewel Productions— 723 7th Ave., N.Y.C. REGINA'S BUSINESS IS REVIEWING MOVIES .... AND SHE KNOWS HER BUSINESS LIKE NOBODY'S BUSINESS! from the Axotxitm . . . To All A merle a . . . Regina Crewe speaks — Here's what she says about "EVENSONG" NOW AT THE ROXY: 'Exquisite entertainment, romance, comedy, drama and tragedy are knit together with threads of golden song . . . Evelyn Laye has a voice to charm the birds from the trees, princes from their thrones, and audiences from their seats . . . You'll leave the theatre after an exhilarating evening of delightful music, moonlit romance and touching, poignant drama. It is a first rate film .. .'Evensong1 rivals 'One Night of Love.'" — Regina Crewe, N. Y. American COMING . . . GEORGE ARLISS in THE IRON DUKE A GAUMONT BRITISH PRODUCTION • PHYSICAL DISTRIBUTION • FOX EXCHANGES ■ CANADA, REG Al FILMS. LTD. The Leading Motior Picture Industry MOTION PICTURE DAILY Alert, Intelligent the In in All Branches VOL. 3( }. NO. 122 NEW YORK, THURSDAY, NOVEMBER 22, 1934 TEN CENTS Para. Plan in Few Days Now Is Indicated Adjournment of Hearing On Suit Significant Completion of the Paramount Pub- lix reorganization plan and the pros- pect of its being submitted to the Fed- eral court here for hearings within a matter of days was reflected yes- terday in the consent of counsel for Paramount Publix trustees to an ad- journment to Dec. 3 of their action against the $13,300,000 Paramount creditor bank group. Counsel for the trustees has con- sistently opposed adjournments of the action before Federal Judge Alfred C. Coxe in the past on the ground that the Paramount reorganization plan, embodying a settlement of the banks' claims, was too remote to re- lieve the trustees of their duty of {Continued on pane 6) Seek License Bans On Free Broadcasts Restrictions in broadcasting licenses to end free shows to large crowds are to be sought by the legitimate the- atre code authority. This is a new angle of a move started several months ago, following which commit- tees were named both by the film and theatre code bodies to study the prob- lem. No report has been made as yet and the theatre authority contends the unfair competition of both the NBC and CBS networks is retarding the- atre recovery. George Dawes Made FarnoVs Successor George Dawes yesterday was ap- pointed Samuel Goldwyn's publicity representative in New York, succeed- (Continued on page 6) Cold Storage Stuff Kansas City, Nov. 21. — Marquee advertising on "The Return of the Terror" at Dubinsky's Liberty provoked some chuckles. The sign read: "Swell entertainment — It will grow icicles on your heart." Fox Interests in G. B. May Pass to Lord Beaverbrook London, Nov. 21. — Sale of Fox Film's 49 per cent in Gauniont British is being discussed by S. R. Kent with Lord Beaverbrook and no longer with John Maxwell of British International, Motion Picture Daily heard today on reliable authority. Beaverbrook was a factor of importance in the original holding com- pany. It was he who sold the Provincial Cinematograph Theatres, Ltd.. big English circuit, to Gaumont British, thereby furnishing the latter with the hub of its subsequently developed theatre chain throughout Britain. If the negotiations with Beaverbrook are closed, he would become virtually a 50 per cent partner and remove from G. B. interests foreign to Great Britain as partners. Beaverbrook definitely is interested if the question of price can be arranged. Lord Lee of Fareham, who for long presumably held the two per cent of G. B. stock controlled neither by Fox nor Gauniont, and so the balance of power, is interested in keep- ing the company all-British. Conferences Here to Iron FWC Details Remaining details of operation of Fox West Coast Theatre Corp. under the reorganized plan recently ap- proved by the U. S. District Court in Los Angeles on Nov. 19 will be completed between Charles Skouras and Chase National Bank next week. Skouras, accompanied by Edward Zabel, his secretary ; James Davidson, statistician, and Ralph S. Harris, of Hughes, Schurman and Dwight, ar- rive tomorrow for the conferences. First meetings will be held Monday with Herman G. Place, vice-president of Chase. The sessions are expected to last two weeks, during which Skouras will sign the joint 10-year (Continued on page 6) Ship film by National Film Carriers, Inc., and be certain of on time delivery. — Advt. Columbia Up 70% In Europe — Cohn Columbia's business in Europe has increased 70 per cent in the last two years, Jack Cohn, vice-president, stated yesterday upon his return on the Conte di Savoia. He was away a month surveying the company's ex- changes in England, Italy and France. "Business in England is terrific," Cohn asserted. "Italy is intensely in- terested in its own situation and is anxious to make better pictures," he said. "The producers there are now in a move to get American players and try for international appeal." He signed no production talent (Continued on page 4) British Will Censor Parts Of Newsreels By BRUCE ALLAN London, Nov. 21. — Under the ar- rangement by which all films shown in British theatres must be certifi- cated by the British censors, an ex- ception has heretofore been made in favor of "photographs of current events." This immunity has now been modi- fied by new "model conditions" issued by the Home Office to apply only to scenes showing "actual events recorded in the press at or about the time of the exhibition." The aim of the new rule is to con- trol composite films showing past events and to subject to censorship (Continued on page 4) Schulberg to Make Films on New Basis Hollywood, Nov. 21. — His con- tract with Paramount nearing its ex- piration, B. P. Schulberg, it was learned today, will proceed to pro- duce independently, releasing through as many distributors as may want his product. Schulberg's plan is to offer eight pictures yearly, each made independ- ently of the others and presented upon completion to major distributors for examination. The one offering the best terms will receive that individual film with no advance arrangement for succeeding releases. On the other (Continued on page 4) K. C. Approves Campi Zoning Modifications See Acceptance of New Plan by Campi Today Kansas City, Nov. 21. — Protection bargaining and practically all other recommendations laid down by George J. Schaefer and Edward Golden on their visit to Kansas City last week as official representatives of Code Authority have been incorporated in a new draft of the local clearance and zoning schedule completed by the board here tonight. The new plan returns this area to the protection system for the first time in four years. The draft is being rushed to New York by air mail in time for the Campi meeting there tomorrow. The schedule is now in Campi's lap. While the board is keeping the pro- visions of the schedule secret until (Continued on page 4) Thirty Appeals Set For Campi Hearings Thirty appeal decisions are on tap for Campi approval today. These in- clude clearance and zoning and griev- ances of every nature. In addition, Code Authority will act on six amend- ments to the vaudeville section of the code. These involve actor-labor re- lations in vaudeville. Deputy Administrator William P. Farnsworth will substitute for Divi- sion Administrator and Code Compli- ance Head Sol A. Rosenblatt. Ed Kuykendall, who yesterday blasted (Continued on page 4) Industry Measures Seen in 43 States Introduction of numerous state and national measures affecting the indus- try is anticipated with the scheduled opening in January of 43 state legisla- tive sessions and that of the national Congress. Virtually all state governments are (Continued on page 6) Bernerd Denies London, Nov. 21. — Jeffrey Bernerd today entered a defi- nite denial of reports that he would resign from Gaumont British to become managing director here of Radio Pictures. MOTION PICTURE DAILY Thursday, November 22, 1934 MOTION PICTURE DAILY (Registered U. S. Patent Office) Vol. 36 November 22, 1934 No. 122 Martin Quigley Editor-in-Chief and Publishe MAURICE KANN Editor JAMES A. CRON Advertising Manager holi- , sub Inc., Published daily except Sunday and days by Motion Picture Daily, Inc. sidiary of Quigley Publications Martin Quigley, President; Colvin Brown, , ice-President and Treasurer. Publication Office: 1790 Broadway. New York Telephone Circle 7-3100. Cable ad- dress "Quigpubco, New York." All con- tents copyrighted 1934 by Motion Picture Daily Inc. Address all correspondence to the New York Office. Other Quigley pub- lications: MOTION PICTURE HERALD, BETTER THEATRES, THE MOTION PICTURE ALMANAC and THE CHI- CAGOAN. „ , TT ■ T • r Hollywood Bureau: Postal Union Life Building, Vine and Yucca Streets, Victor M Shapiro, Manager; Chicago Bureau: 407 South Dearborn Street, Edwin S. Clif- ford Manager; London Bureau: Remo House, 310 Regent St., London, W. 1, Bruce Allan, Representative. Cable address: "Ouigpubco, London"; Berlin Bureau: Berlin - Tempelhof , Kaiserin - Augustastrasse 28, Joachim K. Rtitenberg, Representative; Paris Bureau: 19, Rue de la Cour-des- Noues, Pierre Autre, Representative; Rome Bureau: Viale Gorizia, Vittorio Malpassuti, Representative; Svdney Bureau: 102 Sus- sex Street, Cliff Holt, Representative; Mex- ico City Bureau: Apartado 269, James Lockhart, Representative; Glasgow Bureau: 86 Dundrennan Road, G. Holmes, Repre- sentative; Budapest Bureau: 3, Kaplar-u. Budapest, II, Endre Hevesi, Representa- tive; Moscow Bureau: Civtzev Vrazhek. N. 25, Apart. 146, Moscow, U. S. S. R.. Bella Kashin, Representative. Cable ad dress: "Samrod, Moscow." Entered as second class matter, January 4, 1926, at the Post Office at New York City, N. Y., under Act of March 3, 1879 Subscription rates per year: $6 in the Americas, except Canada $15 and foreign $12. Single copies: 10 cents. Washington Allied Opposes Dog Races Spokane, Nov. 21. — A definite stand against dog racing has been taken by Allied of Washington. Arthur H. Bishell, vice-president, pre- sided at a meeting here at which action was taken. It was also decided to oppose con- tinuance of the occupational tax on theatres wheh amounts to one and one half per cent of the gross. A petition will be presented to the legislature to have the tax reduced to one half of one per cent to conform with that now imposed on retailers. Unfair competition being given by colleges and schools and double biti- ng were discussed. It was also dis- closed that many houses in the ter- ritory are showing a profit. Stair Fall Injures 16 in Quebec Hall Quebec, Nov. 21. — Sixteen children were injured when a stairway leading to a second-floor hall collapsed under the load of 150 juveniles as they crowded to see a film under religious auspices in St. Saveur Parish. St Peter's Hall, where the accident oc curred, was built 36 years ago and according to ex-Alderman Arthur Drolet, two of whose children were casualties, the place had never been inspected. Theatre managers will now prob ably make another attempt to secure revision of the Quebec Moving Pic ture Act which prohibits admission of children under 16 to regular theatres, yet allows juveniles to attend shows in church halls without proper exits and with makeshift projection equip- ment. The restriction on theatres was a result of the Laurier Palace disaster in Montreal on Jan. 9, 1927, when 78 children were killed on the stairs lead- ing from the balcony. Baer Accepts Offer To Do Mexican Film By JAMES LOCKHART Mexico City, Nov. 21. — Max Baer has accepted the offer of James N. Crofton, ex-proprietor of a Tia Juana resort who is now running the Casino at Cuernavaca, a tourist center near here, to play a role in his pro- posed picture, according to Ancil Hoffman. The picture will be based on Carleton Beal's novel, "Black River," which deals with the oil fields of Tampico. Crofton has also made offers to Dolores Del Rio, Mona Maris and Don Alvarado and hopes to start pro- duction here in the near future. Roxy Incorporates For Phila. Venture Dover, Nov. 21. — Roxy-Philadel- phia Corp. has been chartered here, listing capital stock of 1,000 shares, no par value. The incorporators are L. H. Herman, D. O. Newman and Walter Lenz of Wilmington. March of Time, Inc., has been in- corporated to deal in all kinds of films, records, upon which voices, music or other sounds are recorded, listing a capital of $200,000. The in- corporators are Russell A. Smith, Jackson Heights, L. I. ; Henry G. Walter, Elmhurst, L. I. The first named is the organization through which S. L. Rothafel will operate the Mastbaum. Philadelphia, and the second is the new newsreel to be sponsored by Time. Lease Bucyrus House Bucyrus, O., Nov. 21. — William P. Newman and Cliff A. Scaufele. local theatre men, have leased the Bucyrus Opera House for musical shows this winter, the first to be pre- sented on Nov. 23 by the Hollywood Players. It is planned to wire the house and later include pictures. Phila. Police Out For Roxy Job Rush Philadelphia, Nov. 21. — Police re- serves were needed to handle over 2,000 applications for jobs as ushers for Roxy at the Mastbaum today. Roxy advertised for inexperienced youths for a noon hearing. The line began forming at 8 A.M., Roxy is refusing boys with previous experi- ence. He says he wants to train his own crew. Hornstein Closes Deal First deal of Joe Hornstein, Inc., since Hornstein's return to the inde- pendent theatre equipment field is with Max Cohen for reseating the Stadium, 119th St. and Third Ave., seating 1,202. W. H. Carrier Wins Medal The medal of the American Society of Mechanical Engineers for 1934 has been awarded to Willis H. Carrier of Newark for research in air condition ing, it has been announced by the society. Carrier is past president of the American Society of Refrigerating Engineers and of the American So- ciety of Heating and Ventilating Engineers. The award will be presented during the annual meeting of the society, be ginning Dec. 2, in the Engineering Societies Building. Purely Personal ► ELEANOR POWELL and Bill Robinson have left for the coast to report to Fox. Miss Powell will be in "George White's Scandals," and Robinson in "The Little Colonel." Neil Agnew and Milt Kusell at the Tavern yesterday. Others spotted included Bob Goldstein, George O'Brien, James A. FitzPatrick, and Abe Schneider. R. K. Hawkinson, Latin Ameri- can manager for RKO, is on his way home after a two months' trip in Cen- tral America. Abe Montague is excited over Passport to Fame," the Eddie Robin- son picture for Columbia. Says that's all the studio is talking about. H. Leopold Spitalny, Chicago mu- sical director, will be guest conductor at the Roxy for a week starting to- morrow. Merle Oberon left yesterday for Hollywood to start work in "Folies Bergere de Paris." Harry Edington and Barbara Kent leave for the coast today. Bud Barsky left yesterday for the coast. Rebecca of Rebecca and Silton, coast agents, is in town. Jack Cohn busy shaking hands at the Tavern yesterday. Loew in London Soon London, Nov. 21. — Arthur M. Loew is due here from South America on Nov. 26. He may determine M-G-M future policy in Germany while here Novarro on His Own Hollywood, Nov. 21. — Following the completion of his current picture for M-G-M, Ramon Novarro plans the production of an independent fea- ture from his own story for the Span- ish market. It will be called "Against the Current" The old Tiffany Studios will be used. Columbia Up 2 on Big Board Net High Low Close Change Columbia Pictures, vtc 39 36 39 +2 Consolidated Film Industries 354 354 354 + 54 Consolidated Film Industries, pfd 1754 1654 17% + 54 Eastman Kodak 11154 110 11154 +154 Eastman Kodak, pfd 142 142 142 —1 Fox Film "A" 1354 1354 1354 + 54 Loew's, Inc 3454 3354 3354 — 54 Loew's. Inc.. pfd 101 101 101 Paramount Publix, cts 354 354 3% + 54 Pathe Exchange 154 154 1*4 Pathe Exchange "A" 1554 1 5 1 5 — 54 RKO V/i 154 1% + 54 Warner Bros 454 454 454 + 54 Trans Lux Advances % on Curb Net High Low Close Change Technicolor 13 12'/$ 12% — 54 Trans Lux VA Wa- 17A + 54 Para. Bond Issues Make Heavy Gains Net High Low Close Change General Theatre Equipment 6s '40 854 854 854 + 54 General Theatre Equipment 6s '40, ctf 854 754 8 — 54 Keith B. F. 6s '46 64 64 64 — Yt Loew's 6s '41. ww deb rights 104 10354 103% — Yt Paramount Broadwav 554s '51 4354 42% 43 +2 Paramount F. L. 6s '47 6054 5654 5954 +254 Paramount Publix 554s '50 6054 5754 60 +354 Warner Bros. 6s '39, wd 5954 5854 5854 — 54 Sales 1,900 200 1.200 900 10,000 500 8.100 100 16.400 1.200 700 3.100 1,900 Sales 600 200 Sales 10 10 10 12 19 150 250 10 RKO Closes Three Deals RKO has closed deals for the entire 1934-35 lineup with M. A. Light- man's circuit in Arkansas and Ten- nessee and the Crescent Amusement Co. of Tennessee, Kentucky and Ala- bama. The Lightman deal was han- dled by Cresson Smith, RKO western and southern district manager, and Page Baker, Memphis branch man- ager. The Crescent deal was handled by Hubert M. Lyons, Atlanta RKO manager, and Tony Sudekem for Crescent. Asta Films of Bucharest has also taken the entire lineup for Rumania. This deal was handled by H. W. Leasim, Paris manager. Leasim is at present in Turkey. ITOA Discusses Victory Chief discussion at the I.T.O.A. reg- ular meeting yesterday was the victory over Local 306 by the exhibitor or- ganization. On Tuesday the New York Court of Appeals ruled that a temporary injunction granted Local 306 was improper. No report was made by mittee on Allied affiliation, sion broke up early due Brandt's hasty departure. the com-! The ses-j to Harry Clark Represents Union Members of Local 95, Theatre & Amusement Employes Union, early yesterday elected Robert Clark to ! represent employes of Harlem theatres in negotiations with owners for a new contract embodying provisions for a closed shop, minimum wages and max- imum hours. A strike vote in the affected theatres in the event of a failure of the negotiations by Friday was carried. ■ MOTION PICTURE DAILY K. C. Approves Campi Zoning Modifications Hollywood Personals Hollywood, Nov. 21. — Sam Goldwyn and Mrs. Goldwyn are at Palm Springs for a short vacation. . . . Charles LeMaire has ar- rived from New York to design the costumes for George White's "Scandals'' for Fox. . . . Bert Wheeler and Robert Woolsey off on a personal appearance. . . . Paramount wants Hugh O'Connell for the leading role in "The Milky Way." . . . H. M. Harwood, author of "Cynara," and Hans Wilhelm, famous German writer, have arrived in town to begin writer's contracts at M-G-M. . . . Edmund Lowe is limping after dropping a 30-pound diver's shoe on his foot during scenes for "The Depths Below" at Columbia. . . . Fred Keating has dismissed the detectives hired to locate his dog. Fred found the pooch himself. . . . Preston Foster will play the lead in "Behind the Green Lights" for Mascot. 4 (Continued from page 1) Campi accepts or rejects it, Motion Picture Daily learned authentically that some provisions in the earlier plan attacked by the independents have been stricken out or revised in line with the recommendations of the Campi emissaries. It was said that, with only two or three changes, the clearance between runs remains the same as in the plan previously pro- posed. It is understood the new plan elim- inates the clause requiring subse- quents to maintain a fixed admission or be delayed 14 days in availability. The clause preventing subsequents from making price changes sooner than every 30 days is understood elim- inated, while the minimum and maxi- mum availability periods between runs have been retained. The Loew's Midland price reduction effective Friday caused some board members to demand lower protection than the stipulated 35 days in the event first runs fail to maintain a 40- cent night price. While the board made no provisions to this effect in the schedule, it adopted a supplemen- tary resolution recommending that Campi modify first run protection in the event of price revisions. Approval of the modifications in the Kansas City clearance schedule by factors in that territory indicates Campi will put its stamp of approval on the setup when it comes up for consideration before it today, it is understood. Campi's action is said to depend largely on the attitude of the Kansas City exhibitors toward the plan. For a while it seemed the theatremen would turn it down. Now that they have accepted the schedule Campi's approval is considered a matter of course. George J. Schaefer and Edward Golden, who went to Kansas City on the plan as Campi's representatives, will ask for its acceptance at today's meeting of the authority. See Schenck Taking Up Producer Lineup Hollywood, Nov. 21. — Nicholas M. Schenck, here for conferences on forthcoming M-G-M product, was re- ported today to be taking up produc- tion assignments and producer per- sonnel involving some 15 executive and associate producers. He is said to have conferred yester- day with David O. Selznick regard- ing the latter's attitude on remaining with the company, but those closely associated with Selznick believe he is determined on carrying out his inde- pendent production project. Seeks Drama for Young Havke de Grace, Md., Nov. 21. — Development of community and school dramatics to save children from the influence of objectionable films was advocated here today by Mrs. A. H. Reeve of Philadelphia in an address at the 19th annual conven- tion of the Maryland Congress of Par- ents and Teachers. Columbia Up 70% In Europe — Cohn (Continued from page 1) while abroad and added Joseph Seidel- man, head of the foreign department, shortly will make another trip abroad. No date has yet been set. As soon as he cleared the customs, Cohn made a bee line for the Astor where a trade showing was being held on "Broadway Bill." M'. A. Schlesinger, head of De- Forest Phonofilms, returned on the same boat. He went over and came back with Cohn and stated he nego- tiated some "important business" while in London but would not disclose the nature of it at this time. Ben Miggins, head of the European Fox Movietone News division, also arrived on the Italian liner. He is here for his annual visit and plans to stay until after the holidays. His headquarters are in Paris. Many See "Broadway Bill" Prominent exhibitors and circuit buyers as well as a number of bankers were present yesterday at a preview of Columbia's "Broadway Bill" at the Astor. About 1,000 attended. Hearing on Move to Sell 4 in Phila. on Philadelphia, Nov. 21. — Hearing on the advisability of selling four the- atres belonging to the William Frie- hofer and Fred Nixon - Nirdlinger estates started today at the City Hall before John Blessing, Jr., and Donald Hamilton, masters appointed by the court. Lionel Friedman, real estate broker, testifying on Warners' bid for the houses with the offer expiring Feb. 1, said he had been negotiating for a sale for a year and a half. He de- clared if the executors refuse the offer they will not receive a penny from the properties because assessments and rentals are so high he had been un- able to get another buyer. Frank Nirdlinger Passes Philadelphia, Nov. 21. — Frank Nirdlinger, 69, well known theatre man and a former partner of the late Fred Zimmerman, is dead here. He is survived by his widow, Mrs. Sally Nirdlinger ; a daughter, Virginia, and a nephew, Samuel F. Nirdlinger. Knox on Buffalo News Buffalo, Nov. 21. — Charles Victor Knox, formerly connected with the Fawcett magazines, now is doing the film column for the Buffalo Evening Neivs. SchuLberg to Make Films on New Basis (Continued from page 1) hand, one company may release one, some or all of the product on a com- petitive bidding basis. Included in the plan is said to be a possible tieup for exclusive first choice of New York publishers' com- plete output of novels. A strong pos- sibility also looms of a tieup with a New York play producer, with Schul- berg sharing part of the responsibility of a show and the producer assuming an interest in the picture production. All proposed pictures, it is reported, will be based on subjects having posi- tive exploitation values, with the dra- matic content of each hinging on some phase of national or international drama, current either as news or fic- tion. Thirty Appeals Set For Campi Hearings (Continued from page 1) Campi's inaction on clearance and zon- ing, will be absent at today's session. Walter Vincent will alternate for him. ^ Report of George J. Schaefer and Edward Golden on the Kansas City clearance and zoning schedule will be taken up, but action depends on the results of a session held by local ex- hibitors yesterday. Coast Board Again Bans a Bank Night Los Angeles, Nov. 21. — Despite the return of four appeals on bank night cases by Campi the local grievance board has ruled against another bank night. The complaint was by the Oceanside Theatre against the Escon- dido. A rehearing of the four cases returned from New York is scheduled for next Tuesday. Dismiss Lease Charge Albany, Nov. 21. — Sitting as an Industrial Adjustment Agency, the grievance board has dismissed the Fayette Theatres, Inc., Utica, charge against Kallet Theatres, Inc., Oneida, in which it was alleged the latter com- pany had interfered with negotiation of a lease. Gardel to Make 2 More Carlos Gardel has been engaged to make two more Spanish musicals for release by Paramount International Corp. Both will be made by the Exito Corp. at Eastern Service Studios, As- toria. Production will start shortly after the turn of the year. Thursday, November 22, 193* j British Will Censor Parts Of Newsreels (Continued from page 1 ) ' commentaries on such films, which' may be of a "mendacious" character. J It follows recommendations to thisJ effect in the recent report of the B.B.F.C. The H.O. letter, obviously referring to scenes of the Marseilles assassina-J tions recently shown in news reel^ also includes a warning that the pro- hibition of films "likely to be offensive) to public feeling" applies to newsreels which are thus indirectly broughf under censorship. * * * Eddie Cantor is negotiating witl George Black of the Palladium for a stage engagement at that house earl>, in 1935. The Palladium is a Genera j Theatres property, controlled by Gau mont British. * * * J. B. Priestly, author of "The Goor Companions," will probably write ai original story for George Arliss a: the vehicle of the latter's second foi Gaumont British. * * * A strike of electricians held up pro duction on three pictures at the Brit ish and Dominions studio for a da; before differences arising out of th interpretation of a working agreemen< were settled. * * * Charles ("Buddy") Rogers ha been signed by British Internationa to star in "Dance Band" at Elstre^ This is a musical in which it is pro posed to feature instrumental music on a "biggest ever" scale. Marce Yarnel, who recently completed "Girl Will Be Boys," for B.I. P., is t direct. Pope Bans Own Picture; Vatican City, Nov. 21. — It was re ported here last night that Pope Piu XI has refused to permit pictures q himself or his sacred functions to ap* pear on theatre screens. He was quoted as saying : "It ij unthinkable that pictures of Christ' Vicar or his sacred functions shouK appear on the very screens on whic films offending the fundamental prir ciples of Christian morals and con' mon decency are projected." Drive Hard on'Writers The drive against objectionabl films is putting scenario writers t the test by necessitating a greate display of ingenuity in getting aroun risky situations, said Joseph L. Man kiewicz, scenario writer, upon his ar rival in town from the coast yesterda accompanied by his wife. The resul' he added, is better pictures. Radio Assigns Corrigan Hollywood, Nov. 21. — Lloyd Coi rigan has been assigned to direc "Buzzle of the Pepper Tree," a Radio. The film will top spot Edn Mae Oliver and James Gleason. Warners Sign McCrea Hollywood, Nov. 21. — Warner \ have signed Joel McCrea for two pic tures, starting Jan. 1. I CROWDS ARE FLOCKING THE WHITE PARADE" Mooaejaw @ fV^Tv? l\ ° Recina LORETTA YOUNG JOHN BOLES Directed by Irving Cummings. Screen play by Sonya Levien and Ernest Pascal. From the novel by Rian James. Adaptation by Rian James and Jesse Lasky, Jr. Saltillocs i -'P-BiVO ••j;'LEcjw MOTION PICTURE DAILY Thursday, November 22, 1934 Para. Plan in Few Days Now Is Indicated {Continued from page 1) contesting the claims. Yesterday, Arthur A. Ballantine, of trustees' counsel, consented to the further ad- journment asked by Morton G. Bogue, of counsel for the creditor bank group, without objection. "The representation that the filing of a reorganization plan is imminent is satisfactory to us," Ballantine said, "If the plan is ready we don't want to press our action. If it isn't forth- coming, as represented, in the very near future, we can consult on new procedure against the defendant banks." An original agreement to adjourn only until Nov. 28, presumably with the expectancy of the reorganization plan being filed prior to that date, was changed to Dec. 3 because of the nearness of the first date to the Thanksgiving holiday. There was some indication that the plan might be filed with Judge Coxe on Sat- urday, as disclosed yesterday in Motion Picture Daily. In the meantime, in preparation for the anticipated withdrawal of the trustees' action, counsel for the bank group will prepare a stipulation agree- ing to the withdrawal of their ob- jections, without prejudice for renew- al, to examination of officers of the defendant banks by trustees' counsel. This will merely place the trustees in a position where their motion asking the examination may also be with- drawn later. Federal Judge Henry W. Goddard today will hear creditors' attorneys and counsel for the trustees on the recent report and recommendation of Special Master John E. Joyce which reduced the applications for fees ag- gregating more than $700,000 to ap- proximately $370,000. The report was referred to Judge Goddard yesterday by Federal Judge Robert P. Patter- son. It involves the allowances to the trustees, their counsel, special counsel and accountants for services rendered during the Paramount bank- ruptcy. Zirn Move Defeated Albany, Nov. 21. — The Court of Appeals here affirmed without opinion today the ruling of the Appellate di- vision in New York denying to peti- tioning Paramount Publix bondhold- ers represented by Samuel Zirn au- thority to institute actions against di- rectors and officers of the company for recovery of assets independent of ac- tions brought by trustees of the com- pany. Zirn, asked to comment yesterday on the Court of Appeals ruling, de- scribed it as "inconclusive" except on the question of his clients' right to sue former Paramount directors if they first obtain a judgment. In oth- er respects, he maintained, his case is unchanged by the higher court's rul- ing. Feist Lands Today San Francisco, Nov. 21. — Felix F. Feist arrives from Honolulu tomorrow and will repair to the M-G-M studio for a couple of weeks. Looking 'Em Over "The Battle" (Leon Garganoff) This film leaves the reviewer with a series of mixed impressions. Viewed as a straight piece of entertainment, it is exceptional. The drama of the story is built up with cold logic, the tempo shifting and gaining pace until it reaches a climax in a stirring naval battle and taper- ing off to an end which finds both the principal characters — an English and Japanese naval officer — dead. One is killed in battle, the other a suicide. The story is concentrated on the sinister fatalism of a Japanese officer who is ready to sacrifice his wife's honor to gain secrets from a British naval attache. At the height of the battle the Japanese officer is wounded, the Englishman takes command and is killed, and the Oriental commander ceremoniously kneels before an altar robed in white and stabs himself. Back on land a new type of Madame Butterfly waits, knowing that her husband will not return. The naval scenes are thrilling. The work of Charles Boyer as the Japanese officer, of John Loder as the Englishman and of Merle Oberon as the Japanese wife is splendid. The picture was directed in France by Nicolas Farkas with the dialogue in English. But some angles that stir this reviewer's curiosity are : Was it timed to fit with the insistent Japanese demand for naval parity at the London conference ? Was the fact that the Englishman took command tinged with any deeper meaning? Was there any purpose in making the targets of the Japanese guns American warships with the familiar basket masts ? This picture, intentionally or not, seems to get into the field of inter- national relations at their most sensitive point. Every big navy man and armament maker will think it's a film master- piece ; others with no interest in these angles will think it an interesting piece of entertainment. But how a Japanese victory will set with the American public is something else to engage the consideration of ex- hibitors here. No code seal. Running: time, 87 minutes. "G." MOTION PICTURE DAILY* HOLLYWOOD PREVIEW 'Father Brown, Detective' (Paramount) Hollywood, Nov. 21. — "Father Brown, Detective," is a story of a small town parish priest whose knowledge of human nature arouses his uncanny detective instinct in regenerating a shrewd jewel thief, a novel twist that should command attention. The picture gets away from the formula of ordinary detective dramas, adding down-to-earth human interest which is made impressive by the fine characterizations of the principals. Walter Connolly, as the priest, arouses sympathy and feeling as Paul Lukas, the crook, and Gertrude Michael, an heiress, are enmeshed in a delicate romance that pulls the heartstrings. Contrary to the hangup, fast continuity found in the usual detective yarn, this moves slowly, playing more for an understanding of the characters, yet never becoming boresome. It contains many surprising situations in a battle of wits between the crook and priest. Connolly's final reformation of the crook does not clear Lukas from the law, but it leaves a pleasant impression that through his regenera- tion Lukas' sentence may be reduced, enabling him to return to his wait- ing sweetheart. The production is artistically mounted, contrasting modern Paris en- vironment with lavish settings photographed well by Theodore Sparkuhl under the able direction of Edward Sedgwick from Gardner Sullivan's treatment of Gilbert K. Chesterton's original. Production Code Seal No. 374. Running time, 65 minutes. "G." "College Rhythm," tonight's preview at the Paramount, ivas covered jrom Hollytvood by mire on Oct. 29. "Imitation of Life," being previczved tonight at the Roxy, was reviewed on Nov. 20. Tries Huge Invitations Los Angeles, Nov. 21. — Invitations to a preview of "The Mighty Bar- num" have been Barnumized by Harry Brand, publicity head of 20th Century here. They are one sheets in blue and red. The studio gateman will wear stilts so he will not be buried beneath them when the guests unfold the sheets. Conferences Here to Iron FWC Details (.Continued from page 1) contract with his brother Spyros as the other signer. Spyros also will play a part in the meetings. S. R. Kent, president of National Theatre.*- Corp., new holding company, and head of Fox West Coast, will not return from England for another three weeks and will not attend the down- town meetings. Charles is vice-pres- ident and general manager of Fox West Coast. Bert Shipman, attorney for Chase, who accompanied Skouras when the 1 latter left for Los Angeles two weeks ago, returns in about three days. He is cleaning up several incidental mat- ters in connection with the reorgani- zation. Wisconsin Amusement Co., which is the name for the reorganized Fox Midwesco of which H. J. Fitzgerald is head, was taken out of receivership about a year ago. Fox West Coast will be all set to go about Jan. 1 from present indications. National Receives No Word from MPTO National Screen has not as yet re- ceived word from the M.P.T.O. of Eastern Pennsylvania, Southern New Jersey and Delaware, which is re- puted to be in a move to urge a re- duction of 15 per cent in the blanket rates for service. The denial came from Morton Van Praag, general sales manager, when queried by Motion Picture Daily yesterday on the story. Van Praag said that this was the first he had heard of it. George Dawes Made FarnoVs Successoi (Continued from page 1) ing Lynn Farnol, who resigned re cently to become associated with th< advertising firm of Donahue and Coe handling its Music Hall account Dawes will work in association wit! Hal Home, United Artists publicit? and advertising chief, in the exploita tion of Eddie Cantor and Anna Stei productions. Dawes comes from the newspapei field. For the last four years he ha; been connected with the World-Tele- gram here and with other Scripps- Howard papers. Industry Measures Seen in 43 Statei (Continued from page 1) in need of new taxation to finance re lief programs and recoup deplete' treasuries, indicating that the intro duction of new industry tax measure may be expected from many quarter; Regulatory measures are also be lieved likely to be introduced with th opening of the legislative season as result of the widespread publicity ac corded the church decency campaig during the past year. Reissuing Arliss Films London, Nov. 21. — Warners are re issuing all of the Arliss pictures hen The story of $496,240,000 at the box office — where it comes from in 12,500 theatres, by state and by city — and where it goes in operation of the shoiv business — the first real, official, authentic box office statistics of the industry — now presented in complete and analytical form exclusively in MOTION PICTURE HERALD Lend me YOUR EAR! To tell you about TOYLAND BROADCAST 1 — A Single Reel (filmed in magnificent color) that makes screen history! 2 — Cleverly presenting in holiday fantasy many radio stars (Bing Crosby Kate Smith, Four Mills Brothers, Paul Whiteman, etc.) charmingly caricaturec at a toyland broadcast. 3 — One of M-G-M's brilliant series of Happy Harmonies produced b> Harmon-Ising, one reel each, blending gorgeous color and music. 4 — Film Daily says: "A swell holiday special" Motion Picture Daily says l( Exceptionally fine cartoon. Tremendous appeal" 5 — It's so good, M-G-M has prepared a Special Campaign Book, available free at your branch. 6 — 'TOYLAND BROADCAST" on your Christmas program is the happiesi holiday gift you can give your patrons. Act now and thank M-G-M later The Leading Newspapei Motion^ Picture Industry MOTION PICTURE DAILY Alert, Intelligent the I in All Branches VOL. 36. XO. 123 NEW YORK, FRIDAY, NOVEMBER 23, 1934 TEN CENTS Hearing Begun On Phila. Dual Contract Suit Monopoly Angle Figures In First Testimony Philadelphia, Nov. 22. — As the hearing in the Harry Perelman double featuring case began here today before Judge George A. Walsh in Federal court, the sentiment of local exhibitors was that monopoly charges against the major distributors would feature the dual ban testimony. The suit is for an injunction against dual bans in con- tracts. The presence of Edward Golden, I. E. Chadwick, Jack Bellman and Irv- ing Mandel, independent exchange men, who conferred frequently with Benjamin M. Golder, attorney for the plaintiff, lent color to the theory. The theory was also strengthened by a hypothetical question put to Charles Stieffel. South Philadelphia exhibitor, by Golder, who wanted to (Continued on page 6) Court Permits Pathe Stockholder Session An order authorizing an extraordi- nary meeting of stockholders of Path'e Exchange, Inc., for the purpose of vot- ing upon a plan of reorganization has been issued by the N. Y. Supreme Court. The meeting will be held at 2:30 P. M. March 4, 1935. Lack of quorums at regular and spe- cial meetings called for this purpose forced company officials to apply to the court for permission to hold an extra- ordinary meeting in accordance with Section 52 of the N. Y. Stock Cor- poration Law. H. S. Brown in New Code Budgets Post Washington, Nov. 22. — Appoint- ment of Hiram S. Brown as special assistant to the administrative officer to act on all matters pertaining to code authority budgets was announced today bv the National Recovery Ad- ministration. Brown was for three years presi- dent of RKO. He is an honorary life member of the I. A. T. S. E. Warner Nirdlinger Bid Is $1,645,000 Philadelphia, Nov. 22. — A total bid of $1,645,000, with a maximum cash settlement of $240,000, was the (Continued on page 14) K. C. Clearance Is Delayed; Campi Adjourns Until Tuesday Failing to receive the modified Kansas City clearance and zon- ing schedule by airmail yesterday, Campi recessed until next Tuesday when another meeting will be held to pass on the plan. Delay in sending the schedule is responsible for the adjourned hearing, inasmuch as K. C. interests were working on the plan until late Wednesday night. Ten of the 30 pending appeals were disposed of yesterday in addition to adoption of six vaudeville actor-labor amendments. No mention was made of the recent Ed Kuykendall blast at Campi's procrastination on clearance. A petition signed by 30 studio employes asking amendment to the clause dealing with relatives being employed as extras was turned over to the production committee consisting of S. R. Kent, Harold S. Bareford, W. Ray Johnston and J. Robert Rubin. Attending the session were Deputy Administrator William P. Farnsworth, Walter Vincent, Charles L. O'Reilly, Nathan Yamins, George J. Schaefer, Johnston, Bareford, Joe Vogel and Willard McKay. Say Operator Ruling Clears Up Section 7A Unions having no direct connection with a particular controversy cannot claim any rights under Section 7A of the National Industrial Recovery Act in New York under the terms of the ruling of the Court of Appeals in the Local 306-I.T.O.A. suit just decided in Albany. Unions not "directly affected" are "outside unions" by the terms of the decision. Only employes "directly af- fected" have standing under this por- tion of the act. According to Milton C. Weisman of Weisman, Quinn, Allan & Spett, who (Continued on page 10) Warning Is Issued On Admission Tax Washington, Nov. 22. — Sharp warning that the Government expects admission taxes to be paid on the basis of "established price" rather than any (Continued on page 14) New Hurdle Rises Over Price Cuts Kansas City, Nov. 22. — First run slashes in admission here today cre- ated a new hurdle for the proposed Kansas City clearance schedule to meet. While the schedule, as drafted by the local code board, probably will be approved by Campi, the question of what to do about Loew's Midland and the Tower, which the other day cut prices, is troublesome. Some board members now believe Campi should impose clearance penalties on first runs not maintaining price scales. The latest local view has it that (Continued on page 10) National Theatres Chartered in N. Y. Albany, Nov. 22. — Hughes, Schur- man & Dwight, attorneys for Fox West Coast, have filed papers with the secretary of state incorporating (Continued on page 14) Grosses Maintain Levels Lower Than in September November grosses seem to have struck a level somewhat lower than those prevailing early in September and to be staying there. For the second week of the month the take in 133 houses in 22 key cities was $1,- 389,743. This was only $3,007 higher than the previous week. Eleven of the 22 cities reporting (Continued on page 6) New Plan for Para. Ready; Speed Sought Expected to Go to Court Early Next Week Urging the desirability of an im- mediate reorganization of Paramount Publix and stating that prolongation of the bankruptcy is seriously affect- ing the operation of the company's subsidiaries, a new and nearly com- plete draft of the Kuhn, Loeb plan of reorganization, dated as of Nov. 21, made its appearance in reorgan- ization circles yesterday. The latest draft embodies a number of important revisions in and addi- tions to the Nov. 14 printing, the most important of which provides for making the plan effective with the reduction of claims to $65,000,000, in- stead of $50,000,000 as formerly. It also eliminates completely the pro- visions for the effectiveness of the plan contingent upon the issuance to creditors of a maximum of $32,500,000 of new debentures and stock, which (Continued on page 6) Counsel Ask Boost In Paramount Fees Describing the approximately $370,- 000 of fees recommended by Special Master John E. Joyce for payment to the Paramount Publix trustees, their counsel, special counsel and ac- countants as "unjust" and "inade- quate," counsel for Paramount Publix bondholders and stockholders' protec- tive committees urged more liberal al- lotments at a hearing on the special master's report before Federal Judge Henry W. Goddard yesterday. Judge Goddard reserved final decision on the awards to be made. Samuel Zirn, attorney for a small group of bondholders, raised the only (Continued on page 6) Paramount Expects To Release Full 64 Paramount expects to release all of the 64 features being sold during the 1934-35 season, despite the fact that during 1933-34 the company turned out only 58 of the 64 promised. For the present season, two outside producers will contribute about 12 of the 64 scheduled. Hecht-MacArthur are slated to do from four to six, while Walter Wanger is listed for six. This leaves 52 to be turned out under super- vision of Emanuel Cohen. (MOTION PICTURE DAILY Friday, November 23, 1934 MOTION PICTURE DAILY (Registered U. S. Patent Office) Vol. 36 November 23, 1934 No. 123 Martin Quigley Editor-in-Chief and Publisher MAURICE KANN Editor VBH JAMES A. CRON Advertising Manager Published daily except Sunday and holi- days by Motion Picture Daily, Inc., sub- sidiary of Quigley Publications, Inc., Martin Quigley, President; Colvin Brown, « ice-President and Treasurer. Publication Office: 1790 Broadway, New York. Telephone Circle 7-3100. Cable ad- dress "Quigpubco, New York." All con- tents copyrighted 1934 by Motion Picture Daily, Inc. Address all correspondence to the New York Office. Other Quigley pub- lications: MOTION PICTURE HERALD, BETTER THEATRES, THE MOTION PICTURE ALMANAC and THE CHI- CAGOAN. Hollywood Bureau: Postal Union Life Building, Vine and Yucca Streets, Victor M. Shapiro, Manager; Chicago Bureau: 407 South Dearborn Street, Edwin S. Clif- ford, Manager; London Bureau: Remo House, 310 Regent St., London, W. 1, Bruce Allan, Representative. Cable address: "Quigpubco, London"; Berlin Bureau: Berlin - Tempelhof , Kaiserin - Augustastrasse 28, Joachim K. Rutenberg, Representative; Paris Bureau: 19, Rue de la Cour-des- Noues, Pierre Autre, Representative; Rome Bureau: Viale Gorizia, Vittorio Malpassuti, Representative; Sydney Bureau: 102 Sus- sex Street, Cliff Holt, Representative; Mex- ico City Bureau: Apartado 269, James Lockhart, Representative; Glasgow Bureau: 86 Dundrennan Road, G. Holmes, Repre- sentative; Budapest Bureau: 3, Kaplar-u, Budapest, II, Endre Hevesi, Representa- tive; Moscow Bureau: Civtzev Yrazhek, N. 25, Apart. 146, Moscow, U. S. S. R., Bella Kashin, Representative. Cable ad- dress: "Samrod, Moscow." Entered as second class matter, January 4, 1926, at the Post Office at New York City, N. Y., under Act of March 3, 1879. Subscription rates per year: $6 in the Americas, except Canada $15 and foreign $12. Single copies: 10 cents. "White Parade" At $16,000 2nd Week "White Parade" at the Paramount for a second week tallied $16,000 and "The First World War" at the Rial- to petered off to a $9,000 take on its second stanza. Both are Fox films. The Roxy gross on "Evensong" was fair with $25,000. "Evelyn Prentice" at the Capitol garnered $28,900, which is good for a second week. "Imita tion of Life" opens today at the Roxy for a two-week run. Hamrick, Shearer Leave John Hamrick and B. F: Shearer, Seattle circuit owner and theatre equip ment dealer, respectively, left for home yesterday after two weeks here. They are accompanied by their wives. Before leaving yesterday Hamrick stated he had a nice time and would not return until next spring. Junior Laemmle III Carl Laemmle, Jr., may be com pelled to postpone his trip abroad, due to an attack of the flu which has con- fined him to his rooms at the Pierre Earliest emergence date is set for Monday. "Death" for Criterion Topical Films has booked "Dealers of Death" into the Criterion for an extended run starting Dec. 5. Insiders' Outlook C ALES managers around the ^ town are studying the sta- tistical fabric woven into a nicety for them by the Census Bureau on where and what theatre grosses of 1933 were. It was common knowledge, of course, that New York State nurtured the largest percentage of all the states, but a surprise to many at that to learn the bracket was nearly 25 per cent. Throughout the state, 820 houses grossed $85,150,000 and 29 picture and vaudeville houses, $4,850,000. Since the picture, not the show's the thing, the combined total, or the cor- rect total for practical calcula- tion becomes $90,000,000. The bureau also stresses that 424 of the 820 picture houses are in New York City; that 382 ran straight films and grossed $63,- 882,000 and 13 "combo" houses bulked $2,578,000, or a total in the metropolitan area of $66,- 460,000. . . . Diligent search into the box- office records maintained by Motion Picture Daily went a bit further yesterday and discov- ered $11,201,123, or slightly more than one-fifth of the New York City total, sprang from seven Broadway houses. The Music Hall, naturally, led the field with $3,973,661. The Capi- tol, a poor runner-up but ahead of the occupant in third place, ended at $2,130,901. The Para- mount filled third niche with $1,880,435; the Roxy, fourth with $1,108,188; the Strand, fifth with $1,081,341 ; the Rialto, closed five weeks as it was in the winter of '33, sixth with $545,- 200, and the May fair, seventh with $481,396. Because this busi- ness has been notoriously lax in reducing fancy to figures, the government figures take on the air of authoritative value. But don't let them fool you. They tip the grosses, not the losses. . . . T Intrigued by his supervision of the dramatically exciting, if not the box-office exciting "Gabriel Over the White House" of another day, Walter Wanger's second foray into more or less the same field makes swell, melo- dramatic entertainment. What this publication thought about "The President Vanishes" was covered by wire some days back from the coast. Yesterday, this forum had a chance to see it with some of the higher uppers of the Hays office and Paramount, in- terspersed with a sprinkling of press association reporters, and found itself mightily entertained for 85 minutes. . . . T In his latest, which happens to be his first independently-made attraction for Paramount, Wan- ger takes a direct crack at brown, black and other kinds of shirts and a lusty slap at munitions makers, and patriots who stay that way as long as it makes their bank balances sweeter. He also includes social and eco- nomic implications which tinge his picture with vitality and a generous smattering of guts. In other words, "The President Vanishes" has considerably more real substance than the average Hollywood conception, all tied together with a fantastic, but al- ways interesting, story of the White House and a scenario writer's idea of that which may happen inside those portals some day. . . . ▼ How coast agents work and producers continue to snarl them- selves is evidenced, complete unto itself, by a new Paramount Eastman Still Climbs on Big Board Columbia Pictures, vtc. Consolidated Film Indus Consolidated Film Indu Fox Film "A"... Loew's, Inc Paramount Publi Pathe Exchange Pathe Exchange 'A" Warner Bros. Net High Low Close Change Sales 40 39VA + Va, 3,800 m 3Vs 3Vs 300 17K 17 900 nm 114M +3 1.800 13A i3}4 13*S - A 500 34 33Vz 34 + A 4,200 . 3/2 3Va + A - Vi 11.200 VA VA 1,200 ■ 15/s 1454 WA — V* 400 2 m m 3,600 4H m. *Vi — v» 1.000 Technicolor Drops Eighth on Curb Technicolor Net High Low Close Change . 125i 12Ys 12Vs — Vi G. T. E. Bond Issues Show Gains High Low Close General Theatre Equipment 6s '40 9A &A 9Vi General Theatre Equipment 6s '40, ctf 9 7Vz 8% Keith B. F. 6s '46 64 64 64 Loew's 6s '41, ww deb rights 104 W3Vs W3V» Paramount Broadway 5V2s '51 43 42A 42A Paramount F. L. 6s '47 60Vi 60 60 Paramount Publix S^s '50 60 59Va 60 Pathe 7s '37, ww 99V& 9956 99H Warner Bros. 6s '39, wd 59 58J4 59 Net Change + Vi + Vi - u + A + Vi + A Sales 200 Sales 32 50 4 12 13 31 125 5 6 contract handed out to Claudette Colbert. That handsome young woman of the beautiful and shapely stems has signed for six pictures over a period of two years with a return to her of ap- proximately $450,000. Less than a year ago, when Hollywood, or parts of it, went screwier than ever, Miss Colbert's per-picture stipend was $60,000, whereupon some hopefuls had an idea the end of the tether had been reached. For confirmed Gold Coast na- tives, the)' entirely overlooked the truth that Hollywood knows no limits. . . . T Joe Bernhard enters the record with the statement that the War- ner film classification plan, now in vogue in Philadelphia, has been a great success. Yet, hesi- tancy still marks the circuit's de- cision about extending the identi- cal idea into other territories where it operates houses. The logical question, of course, is : Why in Philadelphia, but not in Milwaukee, Los Angeles, Holly- wood, Memphis and some points in between? The answer is: Be- cause designation of pictures suit- able for families, it is feared, may keep away adults, those grown- ups figuring family pictures are namby-pamby pictures and not worth their time. . . . Ed Kuykendall's earlier blast at Campi for ditty dallying on clearance and zoning was his first uttered publicly. Off the record, however, long has he been complaining to friends and exhibitors. Moreover, he is not the only member of Campi who holds the same point of view. Any fairly close check-up of the C.A. personnel will supply the addi- tional names. The difference be- tween them and Kuykendall has been the sotto voce method of the others in making that point of view clear. . . . His proverbial luck serves Carl Laemmle in good stead. "Imitation of Life," real box-office, comes along when Universal needs it and needs it plenty. . . . T Peculiar that the Allied direc- tors, meeting in Baltimore the other day should assert Para- mount is relenting on its na- tional sales policy on percentages and particularly as that policy has to do with weekly payments for shorts, used or not. There is no indication of any such change in front in Greater New York, at least. Sidney Samuel- son, Allied's president, can tes- tify to that. He holds a contract with the distributor for shorts on that very basis. . . . Pete Har- rison, in Hollywood by this time, expressed 13 trunks of clothes west, haberdashery circles report. Which would indicate it is not the lowdown on pictures alone that Pete is after. . . . KANN ^JpfjzJ&nly to keep your audiences singing gayly for a year *7ff^*+*fice+ice' to keep a A tempestuous prima donna who calls her temper "temperament". • . a dashing tenor who calls his escapades "escape"... Happy, Haunting Song Hits: "I'VE TOLD EVERY LITTLE STAR"... "I AM SO EAGER". . ."THERE'S A HILL BEYOND A HILL". . . "ONE MORE DANCE" . . . "WE BELONG TOGETHER" ^^a^^^Zf*to keep them smiling happily for months It I 1 ^ Darkle in their eyes for days! ^QHj quarrelling, laughing, kissing . . • while music fills the air. A grand show... from the record-breaking Broadway stage hit! Music by Jerome Kern* Lyrics and libretto by Oscar Hammerstein, 2nd GLORIA SWANSON and JOHN BOLES DOUGLASS MONTGOMERY JUNE LANG Al Shean • Reginald Owen Joseph Cawthorn • Hobart Bosworth An Erich Pommer Production. Directed by Joe May. Continuity by Robert Liebmann, Screen play by Howard I. Young and Billie Wilder. Dances by Jack Donahue. MOTION PICTURE DAILY Friday, November 23, 1934 New Plan for Para. Ready; Speed Sought (Continued from page 1) was stipulated in the Nov. 14 draft, thus making adoption of the plan less difficult at this date. It is expected that the final plan will be ready for submission to Fed- eral Judge Alfred C. Coxe early next week by the board of directors of the new Paramount company. The new draft states that " impor- tant artists" have already been lost through prolongation of the bankrupt- cy and that these losses "have already begun to affect earnings adversely." It is noted that, whereas the Nov. 14 draft had the support of only the Vanderlip debenture holders' commit- tee, the creditor bank group and stock- holders' protective committee, the new draft has added to this support both the merchandise creditors and the Par- amount Broadway bondholders. It notes also that interest on the bank debt, debentures and coupons and gen- eral claims to Jan. 1 has now been reduced to $6,500,000 from a former estimated $7,000,000. Administration and reorganization expenses, it is es- timated, will be $2,500,000. Other Provisions of Plan A provision is made in the new draft for holders of general claims which may establish priority over other general claims and the old de- bentures. Such claims will now be paid in cash in the amount for which priority is established. The stock sub- scription rights are now limited under the new draft to only those share- holders who assent to the plan. The new management provisions of the plan limit membership of the board of the new company to a maximum of 16 directors. References to a finance committee and its powers have been eliminated. Capitalization of the new company remains the same as in the Nov. 14 draft, but a newly prepared consoli- dated balance sheet shows an increase in assets of approximately $10,000,000, resulting in an increase from $137,- 112,000 to more than $149,000,000. Minor changes have been made in the plan of reorganization for Para- mount Broadway, G-B Theatres Corp. and in the settlement plan for the Paramount Properties bonds. Settle- ment plans for the Allied Owners claim and the bank debt are un- changed. Grosses Maintain Levels Lower Than in September (.Continued from page 1) Grosses generally are running at present at about the figures that set in during the middle of October. Counsel Ask Boost In Paramount Fees (Continued from page 1) objections to an increase recommended by Joyce. The original petition ag- gregated more than $700,000, including an application of $100,000 each for the trustees, Charles D. Hilles, Eugene W. Leake and Charles E. Richardson, and one of $350,000 for their counsel, Root, Clark, Buckner & Ballantine. Joyce's recommendations were $34,500 for Hilles, $32,500 for Leake and $30,000 for Richardson, and $225,000 for counsel, exclusive of other reduc- tions in minor fees sought by special counsel and accountants. The fees are for services rendered during the showed slight decreases from the pre- vious week, but these were offset by gains from other spots. Comparative grosses for the latest available periods : Week Ending Theatres Sept. 27-28 Oct. 4-5 Oct. 11-12 Oct. 18-19 Oct. 25-26 Nov. 1-2 Nov. 8-9 Nov. 15-16 Comparative weekly totals : 132 132 132 131 133 135 134 133 Grosses $1,419,815 1,412,844 1,344,137 1,385,533 1,386,935 1,288,992 1,386,736 1,389.743 Boston Buffalo Chicago Cleveland Denver Detroit Indianapolis . . Kansas City . . Los Angeles . . Minneapolis . . . Montreal New York Oklahoma City Omaha Philadelphia ■ • Pittsburgh Portland Providence . . . San Francisco St. Paul Seattle Washington . . Week Ending Week Ending Nov. 15-16 Nov 8-9 r Theatres Gross Theatres Gross 6 $106,000 6 $108,000 5 44,300 5 46,200 8 135,500 8 133,500 5 54,800 5 60,400 5 23,500 5 22,750 7 1,8,700 7 54.200 5 28,250 5 23,250 5 35,940 5 43.300 7 70,050 7 65,000 6 23,600 6 25.800 4 37,500 4 41,000 9 300,353 11 289,486 4 12,300 4 16,700 4 25.100 4 26,100 9 83,900 9 94,300 6 64,800 6 60,700 7 31,500 6 25,600 6 46,100 6 42,100 7 77,200 7 82,000 5 18,100 5 19,000 7 34,050 7 36,150 6 68,200 6 71,200 133 $1,389,74.3 134 $1,386,736 period of the Paramount Publix bank- ruptcy, from March, 1933, to June, 1934. Arthur A. Ballantine, of counsel for the trustees, urged the court to in- crease the allowances to trustees by fixing a fair and reasonable amount in the discretion of the court, rather than on the basis of two per cent of the moneys handled by the trustees during the period as provided in the bankruptcy laws and followed by Joyce in making his report. Ballan- tine contended that the two per cent stipulation was fair only when applied to estates which are liquidated. He declared that a reorganization of the company, as is contemplated in Para- mount, warranted a higher fee and was authorized under the new Sec- tion 77-B. His views were supported by Alfred A. Cook, of counsel for the Para- mount stockholders' protective com- mittee, who described the trustees' allowances fixed by Joyce as "unfair" and "unjust." Cook also urged that Root, Clark, Buckner & Ballantine be allowed $250,000 "on account." Similar recommendations were made by H. M. Sheffield of the debenture holders' protective committee, and by Maxwell Brandwen of an independent bondholders' group. Ballantine stated that 33,400 work hours had been devoted to Paramount by his firm's staff during the period in question and that the application for fees approximated $10.50 per hour. He pointed out that Joyce's recom- mendation reduced this to about $6 per hour. Jimmy Savo May Go To Para, on a Loan Jimmy Savo, who has just com- pleted a role in the first of his 11 pic- tures for Hecht-MacArthur, may be loaned to Paramount for his second film. It is understood a deal is under way between Hecht-MacArthur and Paramount. Savo's third will defi- nitely be made by the independent pro- ducers. The first picture "Once in a Blue Moon" is now being edited for early release. Yesterday Savo left for Buffalo where he opens today at the Para- mount for a week's vaudeville engage- ment. He has just finished two weeks at the Capitol. Para. Signs Swarthout Gladys Swarthout, Metropolitan Opera mezzo-soprano, was signed yes- terday by Paramount to a long term contract. Her operatic and radio en- gagements will not permit her to leave for the coast until about Mav 1. Gets $2 Libel Verdict Boston, Nov. 22. — One dollar was today awarded the Artkino Guild, operating a theatre exhibiting foreign product, in each of two $100,000 libel suits against the Industrial Defense Ass'n, an anti-Communist organiza- tion, and Edward H. Hunter, its sec- retary, accused of representing the plaintiff as radical. Hearing Begun On Phila. Dual Contract Suit (Continued from page 1) know if the theatre man would build a first run house if he had the money. Stieftel said he would not because he could not get product. Morris Wolf, representing the de- fendants, major distributors who have inserted clauses against duals in new season contracts in the hope of thus ending double features, objected to the nature of the question, but the court overruled him, indicating that if mon- opoly was involved it was a question ol deep public interest. The case was opened with Golder's petition for a permanent injunction in- validating the double feature clause in the majors' contracts. Perelman ap- pealed for a preliminary injunction on May 28, holding that the clause was a weapon being used to monopolize both product and exhibition in this territory. Judge Walsh refused the request at the time, stating the ques- tions involved were so important that testimony should be taken. Says Major Product Stale Samuel Waldman, an official of the Garden Amusement Co., outlined the independents' case, explaining it was necessary tor exhibitors to use prod- uct ot the major companies even though the features were stale by the time they hit the neighborhoods. He asserted that when features are not attractive the independents try to bol- ster their bills with independent prod- uct, adding that the majors have threatened to cut off or hold up deliv- ery of their product unless the theatre men agree to discontinue showing films made by independent producers. Irving Phillips, Germantown exhib- itor, declared when the feature pic- tures of what was referred to as "the trust" reached him, they were seventh runs, Warner houses getting them be- fore all other theatres. It was brought out in the testimony that the double feature ban began to be used two years ago. Golder told the court the ultimate purpose was to drive independent producers and exhibitors out of this city and New Jersey. At an earlier hearing Golder had charged the majors with violating the Sherman and Clayton anti-trust stat- utes and threatened to demand that the Department of Justice investigate his charges. Judge Walsh is allowing two days for the hearing of the case. A recess was called after the morning sitting. The hearing will be continued tomor- row. Reade Takes 2nd Fox "Hell in the Heavens" is the second Fox picture purchased by Walter Reade for the Mayfair since mutual abrogation of the Fox contract at this house. No date has been set. "Gam- bling." first individual contract deal, goes into the Mayfair on Monday. Switch Picture's Title The British and Dominions produc- tion previously known as "The Queen's Affair," will be released in America by United Artists Dec. 21 as "The Runaway Queen." t %#1 Most baffling, exciting, and universally saleable of the week's cinema product is, in our estimation, Warner Bros.' "I AM A THIEF" which maintains this company's consistent superiority in the mystery field, with an expert cast including Mary As^tor and Ricardo Cortez, directed by Robert Florey. Released November 24. itul ijeati XmaL corned cm yWortd Premiere (pre-release) RADIO C dumUas Cj rankest ^J^omanlic Gomedij Of Oftt ^tmel X \ WAR N E R fm m mi MYRNA bon, as a down-on-his-luck crooner, applies to a farm house for a handouH He is taken in, and arouses th< jealousy of Harry Short, who is aftei the hand of Virginia Fairfax. Aftei What Symbols Mean The "G" symbol indicates general entertainment. The "A" symbol indicates adult entertainment. various incidents on the farm, durinf which Gribbon sings, they arrive a a country fair and Gribbon wins ; hog calling contest by hiding a micro phone under his vest. The pictun winds up with the farmers chasinj him. Viewed with no production cod seal. Running time, 21 mins. "G." "Spice of Life, No. 4" (Spice of Life-Columbia) Fourth in this series with a pro logue and epilogue by Dr. Rockwell vaudeville headliner and, like it predecessors, carrying jokes and som< political comment in titles and pre pared by the editors of The Literary Digest in the style of the one-tirn Topics of the Day. Of average enter tainment value which might easily be come something beyond through th national backing accorded this serie in the columns of The Digest. N( production code seal. Running time 8 mins. "G." "Dartmouth Days" (M-G-M) Here is a short subject with reaj audience appeal. It is made up wholl; of scenes in and around Dartmouth College, particularly during the Win,1" ter Carnival. Student activities fronffl football to skiing are shown and par I ticularly interesting and thrilling ar the skiing races and jumps, all perl formed by members of the studenB body. The reel winds up with a col lege song. Code seal, No. 97. Runnin; time, 10 mins. "G." 'Crossroads of the World (Fox-Educational) A "Magic Carpet of Movietone with the scenes laid in Singapore. Th photography is splendid and is don in such a way that the scenes blen from one phase of Oriental life to an other. The narrative is breezy. Ver well done. Running time, %Y\ min; "G." Warner Group Returnini Hollywood, Nov. 23. — Albert I Warner, Gradwell Sears and A. V\ Smith started east by plane tonigl following conferences on forthcomin Warner and Cosmopolitan product. Home Is Heading Bach Hollywood, Nov. 23. — Hal Horn( United Artists publicity head, was o his way back east tonight with h bride. Garbo and Her Latest The hinterland, sometimes known as Hollywood, has been re- porting difficulties over "The Painted Veil" as shown there in preview form. The first couple of reels, it appears, met with the disfavor of M-G-M studio executives. So back for retakes, a la the well-known Metro system, went those reels under the direc- tion of W. S. Van Dyke. Yesterday and in its release form, the Garbo picture was screened locally. Whatever the trouble may have been over the opening sequences, it is gone now. The picture is a lot of the Garbo, her beauty, her close-ups, her emotional range and the intrigue of her walk. Also in it is plenty of Herbert Marshall, this time probably more effective than this reviewer, at least, can recall him. George Brent, as a pleasant heavy, is generally good. "The Painted Veil" is a warmer Garbo than the woman in "Queen Christina" and, in point of what it takes to make sub- stantial box-office, considerably ahead of it. KANN The Leading of fi r* \ t?r\ \ Motion^ Picture Industry MOTION PICTURE DAILY Alert, Intelligent the I in All Branches VOL. 36. NO. 125 NEW YORK, MONDAY, NOVEMBER 26, 1934 TEN CENTS Pathe Plan Is New Financing Of Production Note Issues to Furnish Capital As Needed Preparation for new and extensive financing of production by Pathe will be advanced by the company in an- ticipation of approval of its completed plan of financial reorganization at the extraordinary meeting of stockholders, March 4, 1935, as a result of authori- zation of the meeting by the state supreme court, it was learned Satur- day. The reorganization plan provides for the issuance by the new Pathe com- pany of collateral secured notes, of which $4,000,000 may be outstanding at any one time, and which will be convertible into new common stock. This provision is designed to provide new working capital which may be applied to production financing and also to retire all or any part of the $2,027,500 of sinking fund debentures outstanding, maturing in 1937. The plan may be approved by two- thirds of the stock represented at the (Continued on page 8) Kansas City's Price War May Set Back Clearance Modernism to Rule Theatres: Buchanan Chicago, Nov. 25. — Theatre con- struction and remodeling of the future will be almost entirely along modern- istic lines, according to B. B. Buch- anan, who, as maintenance engineer for B. & K. and Publix Theatres, supervised the construction of over 100 of the present day de luxe spots. The finest aichitectural examples — intrinsically worthy as they may be — are out of line with current require- ments for successful theatre operation, Buchanan states. Periodic treatment, such as French renaissance, Tudor, Colonial and similar accepted archi tectural traditions must give way to (Continued on page 7) Garbo May Do Two ForM-G-M This Year Greta Garbo may make two for M-G-M this season instead of one as originally planned. Decision will fol low after arrival of Harry Edington, her manager, on the coast for confer- ences. Edington and Barbara Kent his wife, left for Hollywood over the week-end. After having talked with the Swed- ish star over long-distance telephone, (Continued on page 7) Selling of Protection Is Demanded by Schaefer Kansas City's price war indicates another setback for the local clearance and zoning plan. The modified sched- ule, received by Code Authority Fri- day and due to come up for discussion tomorrow, will not be approved until the Tower and Loew's Midland in Kansas City definitely determine what price scale will prevail. While admissions are an important factor in setting up clearances, it is conceded by all Campi men that the rental paid for film and its accom- panying protection are to be taken into consideration before the price scale is given weight. All clearances will be based on pro- tection after first runs. Whether K. C. subsequents charging 40 cents will get (Continued on page 7) Vaude Changes Call for Six to Hear Charges Establishment of a vaudeville com- plaints' committee of six, one repre- senting actors, two theatre men, one vaudeville producer, one agent and an impartial member to be representative of the public by Campi highlights the nine amendments, additions and modi- fications to the vaudeville section of the code adopted by Code Authority at its last meeting, it was disclosed on Saturday. The amendments were unanimously approved by both the vaudeville com- mittee and Campi and sent to Com- pliance Director Sol A. Rosenblatt for approval. Rosenblatt, before leaving for the coast tomorrow, will set a date for public hearing, which is expected (Continued on page 7) Move to Zone Eastern Penn. Territory On Philadelphia, Nov. 25. — Drafting of a proposed clearance and zoning schedule for the Eastern Pennsylvania, Southern New Jersey and Delaware territory will be undertaken by the Independent Exhibitors Protective Ass'n here following a meeting to be held Tuesday at which all independent exhibitors in the territory have been urged by the organization to submit "fair and reasonable" clearance and zoning recommendations for their own houses. The individual exhibitor recommen- dations will be utilized by a commit- tee of the I.E. P. A. in drafting a mas- ter schedule for the territory which, it is planned, will be submitted, direct (Continued on page 7) California /. T, O. A. Bucks Operator Pay Hollywood, Nov. 25. — The I. T. O. of Southern California is marshalling exhibitors in this territory for a cam- paign of opposition to operators' wage scales which have been upheld by the local NRA labor compliance board. Contending that the wage scales are exorbitant, the organization is map- ping plans for a direct appeal to Washington. Following further insistence by the local board yesterday that scales for (Continued on page 71 Only 6.7% of Wired Canada Houses Dark Toronto, Nov. 25. — According to official figures, less than 10 per cent of the wired theatres in Canada are closed. To be exact, the number of dark theatres is only 6.7 per cent, of the total of 883 houses equipped for sound. Ontario has only one closed theatre out of a total of 288. Quebec, with 146 houses, has 18 on the closed list. On the Pacific Coast, British Colum- bia also has only one dark theatre (Continued on page 7) Insists Principle Should Be Part of All New Clearance Setups Kansas City, Nov. 25. — Distribu- tors intend to demand that clearance schedules be based on the principle of bargaining for protection, declared George J. Schaefer, Paramount gen- eral manager, while here discussing the clearance schedule with local ex- hibitors. This, he declared, would establish the inherent right of an exhibitor to buy any run he is capable of buying at the rental he is able to pay, to protect himself against competition, unfair or otherwise; and would also establish the right of the distributor to sell protection to whomever he might choose. Explaining the far-reaching effects of protection, or the lack of it, Schae- fer said : "Fifty per cent of all producer-dis- tributor revenue is derived from the first runs in the first 400 cities in the United States. If the time ever comes when that revenue is not protected (Continued on page 7) Religious Themes Face Mexican Ban By JAMES LOCKHART Mexico City, Nov. 25. — A sweep- ing ban on the exhibition in Mexico of films embodying religious themes or practices is reported here to be under consideration by the Federal legislature. The scope of the law, according to report, would cover pictures which re- fer directly or indirectly in any form to any religion or religious practice or which include roles portraying clergy- men or holy people of any denomina- tion. It is also reported that sponsors of the law demand an immediate ban of Fox's "The World Moves On" because of its reference to religious themes and sequences which include picturizations of saints, churches, holy images and vessels. F linn in Hollywood To Patch Code Rift Hollywood, Nov. 25. — John C. Flinn, executive secretary of Campi, arrived here by plane today from New York for a 10-day stay to confer on (Continued on page 7) MOTION PICTURE DAILY Monday, November 26, 1934 MOTION PICTURE DAILY (Registered U. S. Patent Office) Vol. 36 November 26, 1934 No. 125 Martin Quigley Editor-in-Chief and Publisher MAURICE KANN Editor JAMES A. CRON Advertising Manager Published daily except Sunday and holi- days by Motion Picture Daily, Inc., sub- sidiary of Quigley Publications, Inc., Martin Quigley, President; Colvin Brown, Vice-President and Treasurer. Publication Office: 1790 Broadway, New York. Telephone Circle 7-3100. Cable ad- dress "Quigpubco, New York." All con- tents copyrighted 1934 by Motion Picture Daily, Inc. Address all correspondence to the New York Office. Other Quigley pub- ications: MOTION PICTURE HERALD, BETTER THEATRES, THE MOTION PICTURE ALMANAC and THE CHI- CAGOAN. Hollywood Bureau: Postal Union Life Building, Vine and Yucca Streets, Victor M. Shapiro, Manager; Chicago Bureau: 407 South Dearborn Street, Edwin S. Clif- ford, Manager; London Bureau: Remo House, 310 Regent St., London, W. 1, Bruce Allan, Representative. Cable address: "Quigpubco, London"; Berlin Bureau: Berlin - Tempelhof, Kaiserin - Augustastrasse 28, Joachim K. Rutenberg, Representative; Paris Bureau: 19, Rue de la Cour-des- Noues, Pierre Autre, Representative; Rome Bureau: Viale Gorizia, Vittorio Malpassuti, Representative; Sydney Bureau: 102 Sus- sex Street, Cliff Holt, Representative; Mex- ico City Bureau: Apartado 269, James Lockhart, Representative; Glasgow Bureau: 86 Dundrennan Road, G. Holmes, Repre- sentative; Budapest Bureau: 3, Kaplar-u, Budapest, II, Endre Hevesi, Representa- tive; Moscow Bureau: Civtzev Vrazhek, N. 25, Apart. 146, Moscow, U. S. S. R., Bella Kashin, Representative. Cable ad- dress: "Samrod, Moscow." Entered as second class matter, January 4, 1926, at the Post Office at New York City, N. Y., under Act of March 3, 1879. Subscription rates per year: $6 in the Americas, except Canada $15 and foreign $12. Single copies: 10 cents. "Iron Duke" Date Set London, Nov. 25. — Premiere of "The Iron Duke" at the Tivoli next Friday evening looks like the high- light of the theatre week here. The Prince of Wales is expected to attend. Gaumont British declared Saturday it intended launching a fan magazine advertising campaign here beginning with "The Iron Duke." Estelle Schrott is handling that branch of the company's publicity. Charter New M. H. Corp. Albany, Nov. 25. — The new Radio City Music Hall Corp. has been chartered here with capital of 500 shares non par value stock. Directors and subscribers are listed as Francis T. Christie, Andrew Jackson and Rudolph A. Travers of New York. Milbank, Tweed, Hope & Webb are attorneys. Colbert in "One Woman*' Hollywood, Nov. 25. — Claudette Colbert's first film on a new two year contract with Paramount calling for six pictures, will be "One Woman," a Tiffany Thayer yarn. The actress' new ticket allows her to do pictures for other studios. Plans "Hood" Road Show Sol Lesser plans to produce "Robin Hood" on a road show scale. Insiders' Outlook ROSSES are not what they ought to be. This is the wail of the distributor and the exhibi- tor. In practically all instances, the gain as of this day is no gain when numerically matched up alongside of the figures for the identical period of 1933. Yet the net is better. Sounds like no sense at all, but the answer finds itself in the type of operation to which your up-and-going theatreman today subscribes. He is more sane, more economical and he has gone places in wringing the water from his bond and debenture issues. While grosses, therefore, may be disappointing, the chagrin is not as keen as some would have you believe. The take is less, but so is the "nut" and black ink more generally prevails. . . . T For what was apparently no reason, Manny Cohen put himself between quotes on the coast the other day. It was all about his distaste over and his lack of in- tention of filing a salary claim against Paramount. Listen to heights to which his loftiness soared : "Many times during the last few years I have requested peo- ple in my department to take salary cuts in order to help the company. They did this, al- though their work was entirely satisfactory. Most of these had no contracts, and I always men- tioned to these that I was taking proportionate cuts, even though I had a contract. "Many of these people are still working at these reduced sala- ries and I do not feel, under these circumstances, that I have a moral right to file a claim for these reductions or for the un- completed term of my contract while these people cannot do the same." The question, which is not much of a question at all, is whether or not Cohen was taking a back-handed slap at George Schaefer who has a claim of his own— total about $98,000— and has filed it. Cohen's face ought to be red when he learns Schaefer's petition so far has not been al- lowed. So churn the churn- ings. . . . T Considerably more smoke than fire permeates the Hollywood yarn narrating in excited fashion the difficulties between Walter Wanger, producer, and Will Hays, adjuster, over "The Presi- dent Vanishes." For the none too subtle hand of publicity played its part. Evidently it did it well enough to make the United Press and certain newspapers fall. There is a difference of opinion about several of the sequences, but that sort of thing is routine now under Production Code Ad- ministration. The picture will be released virtually extant; Jay Paley, the broadcasting man who is a partner of Wanger's in this and other pictures to come for Paramount, will hardly find it necessary to hire his own the- atres and Wanger himself de- nies the attraction is steeped in Fascist propaganda. In other words, a build-up. . . . T From out of the wide open spaces served by the Dallas ex- changes comes the story of a new fly-by-nighters "racket" seem- ingly made possible by the over- buying provisions of the code — too liberally or too carelessly in- terpreted. Unknowns, the story goes, will open shop in any con- venient, vacant store or hall and, if not bought out promptly by an established competitor, will go to the local grievance board with complaints of inability to obtain oroduct due to the alleged over- + % Fox Up Half on Big Board Net High Low Close Change Columbia Pictures, vtc 39 39 39 Consolidated Film Industries 354 354 354 Consolidated Film Industries, pfd 1754 1754 17J4 Eastman Kodak 116 115^ 116 Eastman Kodak, pfd 14254 1421/ 14214 Fox Film "A" 13^ 1354 13% Loew's, Inc 35% 34% 35% Loew's, Inc., pfd 10254 10254 10254 M-G-M, pfd 2754 2754 27;4 Paramount Publix, cts ,. 354 354 354 Pathe Exchange 154 1% 1% Pathe Exchange "A"... 1454 1454 1454 RKO 2 1% 2 Warner Bros 454 4f£ 454 + 54 + 54 + 54 + 54 - 54 - % - 54 Sales 200 700 4,600 300 1,000 700 4,500 100 100 2,200 1,000 100 200 700 Technicolor Jumps % on Curb Net Technicolor Paramount F. L. 6s '47 Paramount Publix 554s '50. Pathe 7s '37, ww Warner Bros. 6s '39, wd... High Low Close Change Sales • 127% 1254 12^ + H 200 Quarter Rise Net High Low Close Change Sales 1054 10 1054 + Yz 46 4154 4154 4154 1 60 5954 5954 - a 20 60 60 60 32 99 99 99 -54 1 59 58% 59 + 54 12 buying by the established theatre. The "racket," it is said, has worked in several instances where the known exhibitor has bought off the intruder at his nui- sance value. Says Campi, in ef- fect: "It might work if the es- tablished exhibitor permits it to, but not if he carried the over- buying complaint as far as Campi." . . . ▼ Nick Ludington, Jack Curtis and "Jock" Whitney — friends all. That may be responsible for the story around that Whitney's pub- licized Technicolor features will be released through First Di- vision. Not all of them you understand, for "The Last Days of Pompeii" is set with Radio. And perhaps "Becky Sharp," as well. . . . Joe Hornstein's decision to go it on his own in the equip- ment field was six months in the making. He lost much of his taste for his former post with Continental, the Warner equip- ment appendage, that far back and bided time and opportunity to step out for himself once again. . . . Universal advertising of "Imitation of Life" makes no mention of Louise Beavers. She is the colored performer who ap- pears all through the attraction, delivers an excellent and touch- ing performance and, in many scenes, takes the picture away from its star, Claudette Col- bert. . . . T London mailbag, all about Gaumont British : "Maurice Ostrer has been sent down to Shepherd's Bush to take complete financial control of the studios. "Mickey Balcon (production chief) remains and, while his title is unchanged, he — among others — recognizes that he is in a secondary position and not the head of the studios, as he was prior to his departure for America. "C. M. Woolf (joint manag- ing director) has been negotiat- ing a large number of contracts and there is talk G. B. must have a pipeline from the Bank of England to Shepherd's Bush. This has been stopped and the comment is Woolf has been re- moved from much of his former authority and has to bow now to the dictates of the Ostrers. "In spite of all the denials and protestations, it is a well known fact that negotiations are still continuing, not only with Max- well, but with other interests as well for the purchase of the ma- jority holdings held jointly by Fox and Isidore Ostrer. The feeling over here is that at some time or other in the near future, the control of Gaumont British will change hands." T Sol Rosenblatt came close to quitting the NRA before his ap- pointment as compliance director was cloaked with official approval. It is understood he was offered two other posts in the NRA structure, but Rosenblatt turned (Continued on page 8) a. eatt withBING CROSBY • KITTY CARLISLE Alison Skipworth • Roland Young Reginald Owen • Directed by Frank Turtle • A Paramount Picture tomorrow night, Tuesday* and hear BING CROSBY and KITTY CARLISLE sing three hit tunes from PARAMOUNT' S 'Here Is My Heart* You will know then what to buy your customers for Christmas * Columbia Broadcasting System • 9 P. M. — ' Eastern Standard Time • 8 P. M. — Central Standard Time 7 P. M. — Mountain Time • 6 P. M. — Pocific Coast Time To give the work heart - throb sina Women • • • • So much stuff to help you sell this show that it takes publicity a 3 press books to £e// if/ 48 Display ads . . every size and every shape to suit every campaign need! . . 20,000 words of publicity written so that newspapers will print it! . . Special illustrated newspaper features! Special 6 day illustrated story strip! . . All kinds of merchandising tie-ups. contests, stunts . . and school promo- tions . . All kinds of novel accessories. Tabloids, Lobby and Box Office trims, blotters, school bulletins, cut-outs, banners, hangers, everything you need to sell a great big show! 6 MOTION PICTURE DAILY Monday, November 26, 1934 MOTION PICTURE DAILY* HOLLYWOOD PREVIEW "Strange Wives" {Universal) Hollywood, Nov. 25. — This one is shaded, average entertainment due to a story which neither the cast nor director seemed able to surmount. The film's selling point seems to be comedy but other elements did not catch audience sympathy at the preview. The yarn deals with Roger Pryor, a business man, who becomes infatuated with June Clayworth, portraying a seductive Russian. Mar- riage has its troubles with Pryor falling heir to all Miss Clayworth's Russian relatives. The entire plot revolves around his earnest endeavor to get the relatives some social positions after footing the bill for lengthy intervals. The relatives finally all make good and Miss Clay- worth resents Pryor making capital out of the family connections from which he seems to prosper. The result of the family's success provokes a marital triangle from which Pjyor emerges victor and Miss Clayworth finally responds to the masterful overtures of her husband. Esther Ralston, Hugh O'Connell, Ralph Forbes, Catherine Doucet and Cesar Romero are cast in the family roles, with Forbes portrayal better than the rest. Richard Thorpe's direction lacks impressiveness due, perhaps, to story inconsistencies. The picture may prove amusing to a limited class of patrons. Code seal No. 400. Running time, 80 minutes. "G." "When a Man Sees Red" (Universal) Hollywood, Nov. 25. — This is an average old-type western. The story deals with Peggy Campbell, a spoiled New York debutante forced, by terms of her father's will, to live on his inherited ranch for one year. Once arrived, Peggy tangles with Buck Jones, the hale and hearty foreman of the ranch, who has been appointed her guardian. Comes another debutante into the story, plus a handsome rustler, who manage to create a lot of jealousy between Peggy and Buck. Following a heroic expose of a gang of rustlers by Jones, Peggy decides to make him some- thing other than a guardian. Alan James directed. Cast satisfactory, including Jones, Peggy, Dor- othy Revier and LeRoy Mason. Outstanding feature of the picture is Ted McCord's splendid photography. Production code seal No. 353. Running time, 60 minutes. "G." Cleveland Up; Moore a Film1 Standout in Second Week "Love;9 Show Denver Smash With $13,000 Denver, Nov. 25. — A combination of "Ready for Love" and a stage show, Texas Guinan's "World Fair Revue," packed the Denver to the tune of $13,000, more than three times the normal take for the house. "The White Parade" at the Denver was also in the big money at $7,500, over par by $1,500, but other houses couldn't stand the competition. Total first run business was $29,500. Average is $20,500. Estimated takings for the week end- ing Nov. 22 : "A LOST LADY" (F. N.) ALADDIN— (1,500), 25c-35c-SOc, 7 days. Gross: $2,000. (Average, $2,500) "READY FOR LOVE" (Para.) DENHAM — (1,500), 35c-40c-60c. Stage show. Gross: $13,000. (Average, $4,000) "THE WHITE PARADE" (Fox) DENVER— (2,500), 25c-35c-50c, 7 days. Gross: $7,500. (Average, $6,000) "HELL IN THE HEAVENS" (Fox) ORPHEUM — (2,600), 25c-35c-60c, 7 days. Gross: $5,500. (Average, $6,000) "MERRY WIDOW" (M-G-M) PARAMOUNT— (2,000), 25c-40c, 3 days after a week at the Denver. Gross: $800. "OUTCAST LADY" (M-G-M) PARAMOUNT— (2,000), 25c-40c, 4 days. Gross: $700. (Average for week, $2,000) Providence Holds On; Business Brisk Providence, Nov. 25. — Despite the fact that exhibitors are preparing to take it on the chin for the holidays, grosses last week held up well with pars being shattered in several in- stances. The RKO Albee had another good week, spotting "Great Expecta- tions" on the screen and a smart stage revue, most of the draw going to the show. The house netted $8,800, which is $1,800 over average. Fays, too, pulled in some smart money, catching $8,300 with the film, "I Sell Anything" and the stage of- fering, "Let's Smile Again," a full- length revue. The Strand gathered $7,100, with the usual take $6,500. First run business, $40,200. Average business, $40,500. Estimated take for week ending Nov. 22 : "JEALOUSY" (Col.) "GIRL OF MY DREAMS" (Mono.) STRAND— (2,300), 15c-40c, 7 days. Gross: $7,100. (Average, $6,500) "I SELL ANYTHING" (F.N.) FAY'S— (1,600). 15c-40c, 7 days. "Let's Smile Again," revue, on stage. Gross: $8,300. (Average, $7,000) "HELL IN THE HEAVENS" (Fox) "ELINOR NORTON" (Fox) MAJESTIC— (2,400), 15c-40c, 7 days. Gross: $6,500. (Average, $7,000) "WE LIVE AGAIN" (U.A.) LOEWS STATE— (3,800), 15c-40c, 7 days. Gross: $8,000. (Average, $12,000) "GREAT EXPECTATIONS" (U.) RKO ALBEE— (2,300), 15c-40c, 7 days. "Rhythm Roundup," revue, on stage. Gross: $8,800. (Average. $7,000) "THE SILVER BULLET" (State Rights) "GIFT OF GAB" (U.) RKO VICTORY— (1,600), 10c-25c, 4 days. Gross: $1,500. (Average, $1,000) Palace, Balto., Reopening Baltimore, Nov. 25. — The Palace, which has been dark for some months, will reopen Monday with "Supreme Burlesque" on a reserved seat policy. It is understood Billy Minsky is back- ing the project. Bill Proctor will again manage the house. Cleveland, Nov. 25. — A couple of conventions poured some 25,000 peo- ple into town last week and the the- atre benefited although "Ziegfeld Fol- lies" offered stiff competition. The second week of "One Night of Love" at the Hippodrome was outstanding, almost doubling average business. "Transatlantic Merry-Go-Round" went to $12,500, or $2,500 over average at the State. "Gentlemen Are Born" was a pleasant surprise grossing $4,100, the best business at the Allen since "Six Day Bike Rider." Total business for the week was $43,100. Average is $36,250 for same run. Estimated takings for the week end- ing Nov. 23 : "GENTLEMEN ARE BORN" (F. N.) ALLEN— (3,300), 20c-30c, 30c-40c, 7 days. Gross: $4,100. (Average, $3,000) "ONE NIGHT OF LOVE" (Col.) WARNER'S HIPPODROME— (3,800), 30c- 35c-44c, 2nd week, 5 days. Gross: $7,500. (Average, $6,000 for- a week, $4,250 for five days) "365 NIGHTS IN HOLLYWOOD" (Fox) RKO PALACE— (3,100), 30c-40c-60c, 7 days. Stage: Olsen and Johnson. Gross: $15,000. (Average, $15,000) "TRANSATLANTIC MERRY-GO- ROUND" (U. A.) LOEWS STATE— (3,400), 30c-35c-44c, 7 days. Gross: $12,500. (Average, $10,000) "YOU BELONG TO ME" (Para.) LOEWS STILLMAN— (1.900), 20c-30c. 30- 40c, 7 days. Gross: $4,000. (Average, $4,000) RKO Palace average has been reduced to $15,000. The house formerly computed its normal at $18,000 with big-time vaudeville, but is now playing smaller time acts. While its average is down, the theatre declares its net is proportionately better. Hornstein Sells Screen Joe Hornstein, Inc., has just closed a deal with the Music Hall to install the largest screen in the world, a 40x70-foot Ortho-Krome screen. In- stallation starts today. Hornstein, who has been making his headquarters at the Claridge since he resigned from Continental Theatre Accessories, moves into the Film Center Bldg. on Dec. 3. Hoffberg Books Picture J. H. Hoffberg has booked "Ria- chuelo," first Argentine-produced film to be imported, into the Campoanor Dec. 7-13. "Prentice" in Top Seattle Spot, $9,000 Seattle, Nov. 25. — "Evelyn Pren- tice" led the money pictures here last week finishing an eight -day stanza ahead of par at $9,000. "One Night of Love" was the runner-up with $5,400 for a strong third week at the Liberty, where it continues for a fourth. "Great Expectations" showed weak- ness at the Music Hall and was with- drawn at the end of five days when its takings had reached $4,200. "The Gay Divorcee" finished the fifth week of its extended run at the Blue Mouse with $2,700. Total first run business was $35,100. Average is $36,500. Estimated takings for the week end- ing Nov. 24. "THE GAY DIVORCEE" (Radio) BLUE MOUSE— (950), 25c-40c-55c, 5 days. (4th week of extended run from Music Hall). Gross: $2,700. (Average, 7 days, $4,000) "EVELYN PRENTICE" (M-G-M) FIFTH AVENUE— (2,450), 25c-40c-55c, t days. Gross: $9,000. (Average. $7,000) "ONE NIGHT OF LOVE" (Col.) LIBERTY— (1,800), 15c-25c-35c-50c, 3rd week, 7 days. Gross: $5,400. (Average $4,000) "WEDNESDAY'S CHILD" (Radio) "ONE EXCITING ADVENTURE" (Univ.) MUSIC BOX— (950), 25c-35c-50c, 7 days. Gross: $3,250. (Average, $3,500) "GREAT EXPECTATIONS" (Univ.) MUSIC HALL— (2,275), 25c-40c-55c, I days. Gross: $4,200. (Average, $6,500) "DESIRABLE" (F. N.) ORPHEUM— (2,500), 25c-35c. 7 days Vaudeville headed by Clifford Wayne Six Gross: $4,800. (Average, $5,500) "MARIE GALANTE" (Fox) "LADIES SHOULD LISTEN" (Para.) PARAMOUNT— (3,050), 25c-35c, 7 days Stage revue featuring Les Hite's Cottor Club band. Gross: $5,750. (Average, $6,000, "Parade" Buffalo Leader at $19,100 Buffalo, Nov. 25. — Above norma business ruled generally, "The Whit< Parade" going to $19,100 against ai average $ 14,300 in the Buffalo. Weather was unseasonably hot, wifflj temperatures in the 50's and 60's. Total first business was $47,700 Normal is $42,800. Estimated takings for the week end ing Nov. 23 : "THE WHITE PARADE" (Fox) BUFFALO— (3,500), 30c-55c, 7 days Stage: Venita Gould; Buck & Bubbles; Le' Ghezzis; Bobby May; Selma Marlowe Gross: $19,100. (Average, $14,300) "HIS GREATEST GAMBLE" (Radio) "PURSUED" (Fox) CENTURY— (3,000). 25c, 7 days. Gross $6,000. (Average, $6,000) "THE MERRY WIDOW" (M-G-M) GREAT LAKES — (3,000), 25c-40c, 4 days. 2d week. Gross: $7,000. (Average, $8,000.' "WE LIVE AGAIN" (U. A.) HIPPODROME— (2.100), 25c-40c, 7 days Gross: $8,400. (Average, $8,000) "THE CAPTAIN HATES THE SEA" (Col.) "SHOCK" (Monogram) LAFAYETTE — (3,300), 25c, 7 days Gross: $7,200. (Average, $6,500) Shapiro New Club Heac Cleveland, Nov. 25. — Allan Sha piro, head of the Warner poster de partment, has been made president o the Warner Club to succeed Lew Was serman, who resigned to becom' affiliated with the Rappaport Studios. Monday, November 26, 1934 MOTION PICTURE DAILY Protection Selling Asked By Schaefer {Continued from page 1) and the flow from the first runs is not continuous, there will be a disas- trous situation. "Because of the lack of revenue from the first runs, inferior product will result and the subsequent runs also will suffer. "The alternative to the curtailment of the revenue flow from the first runs is to have the subsequent run shoulder some of the expense in order to as- sure the continuance of the standard bf production quality which has made possible the industry's development. "The United States government or Campi do not intend to deprive the buyer of his legitimate buying power," Schaefer continued. "While the present system of basing clearance on admission prices may continue in practice until it throws things higher than a kite, Campi should not be ex- pected to make it law. If continued, the present clearance system will pro- duce pronounced abuses. "Clearance and protection must be identical in principle in all schedules. If Campi should give the Kansas City system the force of law, it would have to apply equally to all cities. The system is impractical, even illegal, and cannot be countenanced. "We realize we cannot obtain 100 per cent approval of exhibitors and distributors. The best we can hope for is a very large percentage of ap- proval. If we can get that we will accomplish more than we have been able to accomplish for many years. If we can work this problem out, we will have something the Code Au- thority can approve for the protec- tion of everyone's interests." For New K. C. Schedule George J. Schaefer, head of the clearance and zoning committee, and Edward Golden who were in Kansas City last week conferring with local interests on modification of the plan for Campi approval, reported favor- ably on the revised schedule at the Code Authority hearing last Thurs- day, it is understood. The modified plan, delayed when the airmail was forced down by bad weather, arrived at Campi headquar- ters Friday. It will be discussed at a special session tomorrow. Flinn in Hollywood To Patch Code Rift (Continued from page 1) local code problems. Compliance Di- rector Sol A. Rsoenblatt and his as- sistant, Maurice Legendre, arrive here Wednesday. Upon his arrival today, Flinn im- mediately went into a huddle with J. R. Donovan, coast code secretary, pre- paring a resume of the recent rift be- tween the 5-5-5 committee. Flinn will return to New York by plane Dec. 4. in time to prepare for the next Code Authority session on Dec. 6. New Columbia Dividend Columbia Pictures, Inc., has declared a regular quarterly dividend of 25 cents, payable Feb. 2 to stockholders of record Jan. 14. Kansas City's Price War May Set Back Clearance (Continued from page 1) pictures 28 days after prior runs and 35-cent houses 35 days after first runs has not been settled. Campi is also puzzled what to do with a house that runs vaudeville against all-picture policy competition. Whether inclusion of stage shows in programs will set back runs on pictures is another ques- tion to be decided. Code Authority is proceeding cau- tiously on the Kansas City plan. When approved, it will be the first schedule to be given such sanction and while it does not necessarily hold true that the provisions will be used as basic prin- ciples many factors will serve to help solve other clearance problems. It is highly likely that another gen- eral hearing will be called by Campi to go over all the clauses again before the K. C. schedule is finally adopted. No other schedule will be considered until Kansas City's plan is disposed of. If no agreement can be reached on this plan, the same would apply for others, it is held. A suggestion may be made to table the Kansas City schedule when it comes up for discussion tomorrow until the price war is settled. Campi, how- ever, will have 20 appeals on individual complaints to dispose of and keep it busy tomorrow. California I. T.O. A. Bucks Operator Pay (Continued from page 1) the territory be complied with, the I. T. O. issued appeals for cooperation and funds to carry an appeal to Wash- ington. Recently, several exhibitors were cited by the board for failing to comply with the new schedules, which closely parallel the unions' own scales and which, according to the I. T. O., many small houses are unable to pay. Garbo May Do Two For M-G-M This Year (Continued from page 1) Edington stated, prior to his depar- ture, that Miss Garbo had not defi- nitely decided whether she would re- turn to her native country for a vaca- tion. He said the star had several matters to clean up before she could go and if she did decide to vacation abroad, the trip would take her away from the studios for three months. Only 6.7% of Wired Canada Houses Dark (Continued from page 1) in 94. In the Midwest territory there are 120 theatres, of which 19 are not operating at present. The Maritime Provinces have 93 listed theatres and 11 are closed. Kohlmar Seeks Talent Hollywood, Nov. 25. — Fred Kohl- mar, production assistant to Sam Goldwyn, is in New York where he will spend two months searching for new talent. College-Mystery Musical Hollywood, Nov. 25. — Paramount is planning a college-mystery musical, "Terror by Night." Joe Morrison, Jack Oakie and Helen Mack will head the cast. Move to Zone Eastern Penn. Territory On (Continued from page 1) to Code Authority as the recom- mendation of the independent exhibi- tors. The plan is in anticipation of the imminent drafting of a schedule by the Philadelphia clearance and zoning board. The I.E. P. A., alleging that independent exhibitors are not represented on the board, are on record as opposed to its schedule under the existing circumstances. On Nov. 21, Motion Picture Daily stated a general rezoning of the Philadelphia area was pending, certain territories already having been zoned. Modernism to Rule Theatres: Buchanan (Continued from page 1) the "merchandise appeal" angle as ex- emplified by modern treatment of the theatre front and foyer. "It is all very well to be a "con- formist," " says Buchanan but you can- not get away from the fact that thou- sands of theatres on the Main streets of thousands of towns are practically starving in the same basket with the "butcher, baker and candle stick maker." "Theatres sell something so radically different from the ordinary lines of neighborhood merchants that it should be obvious that they should stand apart. There is plenty to be said for the fine tradition of architectural styles, but as a revenue producing unit I feel theatres must employ more mod- ern methods of treatment. The thea- tre should be the brightest spot on the thoroughfare. This necessarily in- volves the use of many modern build- ing materials of a colorful and dis- tinctive character." Omaha Operators Raised Omaha, Nov. 25. — The three first run A. H. Blank houses here have signed an agreement with the opera- tors' union calling for increases of $15 per booth for one year and an addi- tional increase of $10 for the year fol- lowing. For a four-man booth, two- men shifts working 42 hours, the cir- cuit has been paying $275 per booth. This has been hiked to $290 for next year and to $300 the year following. Sheehan to Groom 5 Hollywood, Nov. 25. — Winfield Sheehan plans to groom five person- alities on the Fox lot this season. The quintet are Siegfried Rumann, whose latest for the company is "Marie Ga- lante" ; Alice Faye ; John Qualen of "Servants' Entrance"; Jane Darwell of "The White Parade" and Walter Woolf, who appears in "The Lottery Lover." Vaude Changes Call for Six to Hear Charges (Continued from page 1) to be in about three weeks, in Wash- ington. Rosenblatt will approve the person- nel of the committee recommended by Campi. This committee will function like the studio labor committee on the coast and will pass on all actor-labor complaints and grievances. The vaude- ville group will relieve the local NRA compliance board of vaudeville prob- lems as a result. Other amendments approved are : II. That Article IV, Part 2, Section 1 (a) of the code be amended by the deletion of "rep shows, tab shows, tent shows, wagon shows, truck shows, medicine shows, show boat or burlesque, as these terms are un- derstood in the theatre." III. That Article IV, Part 2, Section 3 (a) of the code be amended to read as follows : "Rehearsal periods for pincipals shall be limited to two weeks. In the event that the rehearsal period extends more than two (2) weeks, the principals shall be paid half salary during' such extended period. This shall not apply, however, to principals own- ing their own acts." IV. That Article IV, Part 2, Section 4 (3) be modified to read as follows: "Minimum wage of performers employed on a 'per diem' basis and paid either directly or indirectly in any form of com- pensation, shall be $7.50 net per day for each theate in which they appear." V. That Article IV- B, Part 2, Section 4 (b) (6) be added: "If layoff is required because of irregu- larity of bookings after first two (2) weeks of consecutive employment, a chorus person may be laid off without pay seven (7) days in any six (6) weeks' period. Such layoff may occur at any time after the first two weeks of consecutive employment. If ad- ditional layoff is required, the chorus per- son shall be paid for the period of such additional layoff at the rate of three ($3.00) dollars per day as long as the layoff con- tinues." Want Transportation Paid VI. That Article IV-B, Part 2, Section 6 (b) shall be modified to read as follows: "If individual notice of contract termina- tion is given by the employer the chorus person shall be paid in cash the amount of the cost of his or her transportation (in- cluding sleeper and the cost of transporta- tion of his or her baggage) back to the point or origin whether the chorus returns im- mediately or not." Note: The above should be read in con- nection with the following proposed amend- ment : VII. That a new section to be known as Article IV-B, Part 2, Section 6 (c) be added as follows: "If individual notice of contract termina- tion is given by the chorus person, the em- ployer is not required to provide transport- ation or sleeper." VIII. The Vaudeville Committee recom- mends to the Code Authority that in cer- tain classes of theatres an exemption from the provisions of Article IV, Section 4 (b) (working hours and layoff periods in resi- dent presentation houses) be amended, giv- ing the management the right of specifying one of two methods of rest periods from work with pay as follows: Plan (1). A chorus person shall be given one day off per week with pay as at present provided in the Code in this Article, or Plan (2). A chorus person shall be given one full week layoff with pay in every seven weeks of employment. Plan Number 2 also to contain the special provisions which were outlined in your committee's report with respect to pro rata days off if employment is less than seven weeks and also the speci- fied number of hours of rehearsal the week of layoff, namely, 10 hours, which same hours of rehearsal shall not be required the week prior to the layoff. IX. That Article IV, Part 2, Section 4, last sentence, first paragraph, shall be amended to read: "No chorus person shall be required to report at a theatre before 9 o'clock in the morning except upon one day in each week, which shall be the day of the opening of a new weekly program, on which day such chorus person shall not be required to report at a theatre before 8 o'clock in the morn- ing." 8 MOTION PICTURE DAILY Monday, November 26, 1934 Variety Club Chatter Pathe Plan Is New Financing Of Production (.Continued from page 1) March 4 meeting. Earlier stockhold- ers' meetings at which the plan was presented failed to constitute a quorum, which led to the application to the court for permission to hold the extraordinary session. No large-scale financing will be un- dertaken by Pathe in advance of rati- fication by the stockholders of the reorganization plan despite the fact that a Hollywood office was recently opened with John Jasper in charge. Moreover, indicative of Pathe's inter- est in new financing and laboratory work on the coast, it was learned that Stuart W. Webb, president, and Ar- thur B. Poole, treasurer, will alternate in making quarterly visits to the west coast. It is also indicated that if new Pathe activities in Hollywood warrant, the company will open a new laboratory there with ratification of the reorganization plan. An alterna- tive to this would be a Pathe associa- tion with a Hollywood independent laboratory for the handling of local rush print work. Pathe's production financing would, of course, involve the producer's print work, to be handled either at Pathe's main labora- tory at Bound Brook, N. J., or at the proposed new west coast plant. Negotiations looking to a new Pathe- financed production deal with E. B. Derr and Charles Sullivan, to replace the old contract which was permitted to lapse, are reported under way. Report Academy's Membership Grows Hollywood, Nov. 25. — Following closely upon election of Frank Lloyd to the presidency of the Academy, many of the old members are rein- stating themselves and new members joining up, among them a number of directors and prominent writers. Among those added to the active membership roster are : Directors: Murray Roth, Tay Garnett, Monta Bell, Otto Brower, Lloyd Corrigan, Alan Crosland, George Cukor, Roy Del Ruth, Alfred E. Green, William Keighley, Erie Kenton, Leo McCarey, Ralph Murphy and Sam Taylor. Actors: Ralph Forbes. Louise Dresser, Mitchell Lewis, Henry B. Walthall, Ray- mond Hatton, Henry Armetta. Writers: J. P. McEvoy, Edith Fitzgerald, Joseph Moncure March. Producers: E. W. Butcher, Ed Ebele and Walter Futter. Assistant Directors: Bill Cannon, Louis J. Marlowe and Edward Sowders. Technicians: Harold Curtis, Simon Gel- berg, Thomas K. Little, Savko Vorkapitch and Lincoln Lyons. Special Member: John E. Gardner. Reedy a Life Member Hollywood, Nov. 25. — The Acad- emy board of governors has conferred a life membership on J. T. Read, whose presidency was succeeded by Frank Lloyd. Others holding life memberships are Douglas Fairbanks, William de Mille, Frank Wood, M. C. Levee, Conrad Nagel and Benjamin Glazer. Barry Goldman a Father Baltimore, Nov. 25. — Mrs. Barry Goldman, wife of the manager of the Diane Theatre, presented him a baby boy recently. Buffalo Buffalo, Nov. 25. — Failing to make plane connections, John H. Harris of Pittsburgh, National Variety Club president, took a train but arrived in Buffalo too late to attend the first Fall meeting of the Buffalo tent after the summer hiatus. Approximately 65 members of the Buffalo tent attended the luncheon, served in Pfeiffer's restaurant, under- neath the club's new quarters. Chief Barker Dave Miller announced sign- ing of the lease for the quarters, which met with enthusiastic response. Harris inspected the quarters and conferred with Miller, Sid Samson, Ted O'Shea and other officers of the Buffalo tent. Weekly luncheons will be held on Mondays, with an occasional guest speaker, until the quarters are ready for occupancy late in December. Once in the new quarters, regularly organized weekly luncheons will be held, with entertainment at each session. Cincinnati Cincinnati, Nov. 25. — Some of the cast of the "Follies" regaled the members at the last meeting, thanks to Nelson Trowbridge, skipper of the Shubert, who was the sole King for a Day. A kiddie's party was staged at the local club from three to six S«"',',-» in honor of the birthday of Dough Guy Abe Lipp's little daughter. Jack Flynn, barker of the Detroit tent, gave the local quarters the once over last week. Nat Wolf, one of the Cleveland brothers, also was among those present. Harry Goldstein, past chief barker of Pittsburgh, and M. R. Clark, chief barker of Columbus Tent No. 2, dropped in to say "Hello" at the last meeting. Clark dispensed some good advice to the local boys. Joseph Oulihan, member of the Washington, D. C, tent, who succeeds George Smith as Paramount ex- change manager, is making the local club his rendezvous. Incidentally, the farewell party thrown for Barker Smith was one of the high spots of the week. A traveling luggage outfit was presented as a parting token. Annual election is scheduled for tomorrow. Chief Barker Allan S. Moritz is without opposition. Arrangements are going forward for the first annual frolic to be held at the Netherland Plaza early in the new year. Ervin Bock, who holds down the manager's chair at the RKO Grand, is to appear before the altar Thanks- giving Day. Eleanor Hebrig, local girl, is the party of the first part to the matrimonial contract. Joe Goetz is showing up around the club rooms wearing cheaters. Says he doesn't want to miss seeing every- thing. Kansas City Kansas City, Nov. 25. — All barkers, from Chief Barker Frank Hensler down, are pulling for the success of the Variety Club Annual M. P. Relief Ball, to be given at the Pla-Mor ballroom Dec. 10. Arthur Cole, general impresario, promises an affair the club will be proud of. This is the fourth annual relief ball and the first sponsored by the tent. Another big event in the offing is the New Year's Eve party at the Muehlebach hotel. Festivities will be- gin at eight bells with a cocktail hour, followed by dinner and a floor show, and winding up with dancing until time for breakfast. Attendance will be limited to 100 couples. "Ladies' Day" was one of those un- usual get-togethers the barkers talk about long after it is held. Harry Tailor, chairman, with Ed Shanberg and Charles Shafer as kings pre- sented an enjoyable program. The turnout numbered about 100. New members added to the roster: George W. Fuller, Fox manager ; Lawrence Lehman, RKO Main- street manager ; Fred J. Wolfson, attorney and grievance board member ; Roscoe Thompson, Universal; E. C. Leeves, Erpi, and Homer Blackwell, Independent Poster Exchange. Institutional nights have caught on in big fashion and are proving a swell way to popularize the club rooms. Bill Warner worked out the schedule for each company. Office managers are in charge of individual parties. Jack Cameron was chairman of the Erpi kings for a day. Morrill Moore, manager of the Fox Rockhill, sup- plied the entertainment. Horlacher Organ Out Horlacher, house organ of the Hor- lacher Delivery Service, Inc., of Philadelphia, has made its debut under November date. The publication is a monthly. < Purely Personal ► LEO MORRISON arrived in New York from Mexico City on Satur- day. He will remain a week and on his way back to the coast will meet Max Baer in Kansas City. Don Casanova has been signed by Angelo De Vito for the leading role in "The Greatest Love," first of a series of Italian talkers to be made by Venetian Prod. Rudy Vallee, his assignment at the Warner studio completed, left Holly- wood yesterday and is due here Wednesday. Maxine Doyle, a four weeks' per- sonal appearance tour and vacation over, is back at the Warner Burbank studio. Tyree Dillard, Jr., John Hicks, Harry A. Kaufman, Sam Sax, Miles Gibbons and Sid Hall are up for M. P. Club membership tomorrow. Abe Blumstein has an infected right hand, which is swathed in ban- dages. Lee W. Insley of Ortho-Krome Screen Co., Salisbury, Md., is in town. S. R. Kent is expected back from England the early part of December. Insiders' Outlook (Continued from page 2) them down. One was not big enough, in his eyes, and the other is reported to have carried with it political implications which Rosenblatt decided he wanted to avoid. If he hadn't gotten the job he wanted, he was prepared to return to private practice with an office in New York. . . . Joe Schenck, disciple of Terpsichore, unearthed a good deal about the rhumba, Continental style, on his last European trip. The board of directors of El Morocco stand ready to remove his cover charge if only he'll come back and step again. . . . KANN Kent Holds Foreign Meet London, Nov. 25.— S. R. Kent president of Fox, on Friday completed a two-day sales session with Walter Hutchinson and J. C. Bavetta in addi- tion to other company foreign heads Roberts Gravely III Cleveland, Nov. 25. — George Rob- erts, Fox district manager, is dan- gerously ill with pneumonia at hi' home in the Westlake Hotel. Kohn in Hollywood Hollywood, Nov. 25. — Ralph Kohr is in from New York and expects tc remain indefinitely. His health has no1 been good of late. New House for Toronto Toronto, Nov. 25. — Further sign; of the return of better times are seer in the announcement of plans for i theatre costing $70,000 in north Tor- onto by the Parkway Theatre Co. Hollywood Personals Hollywood, Nov. 25. — Errol Flynn, Irish actor signed in New York by Warners, arrived today. Studio has no definite assignment lined up for him. . . . Mrs. Leslie Carter draws one of the featured spots in "Becky Sharp" for Pioneer. . . . George Batcheller on his way to New York. . . . "The Last Days of Pompeii," Merian C. Cooper's next for Radio, starts Dec. 1. . . . Lee Marcus back from New York. . . . Rochelle Hudson gets her first big break in pictures as feminine lead in the next Will Rogers', "Life Begins at Forty." . . . Sam Cohen abed with severe case of flu. . . . Spencer Charters, Bradley Page and Florence Roberts additions to Mono- gram's "The Nut Farm." . . . Mrs. Frank Borzage recovering from her recent illness. . . . M-G-M considering Aline McMahon for a role in "Good Earth." . . . Pert Kelton postpones her trip to New York. . . . Ralph Bellamy goes to Palm Springs to get rid of a cold. ... Jo Swerling heads for New York on a three months' leave of absence from Columbia. Gets in Monday. . . . The Leading Motio Picture Industry MOTION PICTURE DAILY Alert, Intelligent the in All Branches VOL. 36. NO. 126 NEW YORK, TUESDAY, NOVEMBER 27, 1934 TEN CENTS Kansas City's Clearance Is Again Delayed Disturbed Price Scales Given as Reason Because of the unsettled price situa- tion in that city, the Kansas City clearance and zoning schedule will not be discussed by Campi today at the adjourned session from last Thursday. Instead Campi members will busy themselves disposing of about 20 ap- peal decisions which were not brought up last week. It is probable that the K. C. plan will come up Dec. 6. That depends on the business on the docket for the day. A number of code members are not anxious to hurry on the Kaycee sched- ule. They figure that pictures are be- ing sold the way they have been for the past number of years and no one is squawking. K. C. Unit Considering M-G-M, U.A. Boycott Kansas City, Nov. 26. — is seriously considering a M-G-M and United Artist Midland, which plays both product, continues its low inaugurated Friday with lions." The association already a committee to confer with (Continued on page The I.T.O. boycott of ; if Loew's companies' price scale "Kid Mil- has named representa- 9) Chicago Clearance Goes Into Eclipse Chicago, Nov. 26. — The local clear- ance and zoning board tonight offi- cially disposed of the Chicago sched- ule which it had previously approved and which was subsequently rejected by Campi. The plan was withdrawn. A second resolution adopted by the board declared that the board does not intend to write any schedule for (Continued on page 9) After Robinson Hollywood, Nov. 26. — Fox is dickering with Edward G. Robinson for a two-picture contract. The actor spent Friday on the lot making a series of tests, it was learned today. Theatres Hired 63,473, Paid $85,416,000 in '33 Home Television by Jan. 1 Is Sarnoff 's Prediction Home television sets will be ready for installation beginning Jan. 1, according to David Sarnoff, president of RCA, who advised radio dealers to this effect at a recent meeting at the Pennsyl- vania. Sarnoff did not go into detail about price or size of images to be transmitted through the first sets but, according to dealers, television equipment cannot be placed into present radio sets, a complete new set being required for the new see and hear ether broadcasts. Columbia Net On Quarter Is $235,712.19 Columbia Pictures' net for the quar- ter ending Sept. 29 was $235,712.19 after deducting Federal income tax and other charges. This is equivalent to $1.29 a share on 172,073 shares of common outstanding after deducting the preferred dividend. In addition, the company has de- clared a semi-annual two and one-half per cent dividend payable in stock. This makes five per cent in stock dividends for the year and $1 in cash (.Continued on page 9) Add New Impetus To Jewish Drive In an effort to raise $2,000,000 in the theatrical field, leaders in the Fed- eration of Jewish Charities yesterday met with top-line executives and art- (Continued on page 10) Phila. Duals Case Widened To an Inquiry Philadelphia, Nov. 26. — At the re- sumption of the hearing in the Harry Perelman double feature suit against major distributors m Federal court here today, Judge George A. Welsh declared he would "open the door wide" for an inquiry into whether the operations of the defendants, referred to during the taking of testimony as a "combine," affected the general pub- lic. The suit is for an injunction against (Continued on page 9) Para. Plan May Go To Court Tomorrow The Kuhn, Loeb & Co. plan of re- organization for Paramount Publix has an excellent chance of being com- pleted today for filing in Federal court (Continued on page 10) Agents 9 Rules Proposed Under Code Are Rejected National Film Carriers, Inc., guarantee dependable delivery. — Adv. Washington, Nov. 26. — Rules and regulations proposed by the agency committee in September were rejected today by NRA as exceeding the au- thority of the committee. The rejection, however, was "with- out prejudice," leaving the way open for submission by the committee of recommendations not subject to attack, as were its original ones, at the hear- ing before the then Division Adminis- trator Sol A. Rosenblatt on Nov. 1, when Harold Bareford charged the (Continued on page 9) Talent Is Not Embraced In Latest Phase of Gov't Survey Where the theatre payroll went in 1933 appears in tabu- lated form on page 8 today. By CLARENCE LINZ Washington, Nov. 26. — Approxi- mately 63,473 persons last year de- rived their livelihood from the theatre industry, it was disclosed today in figures on employment compiled from the U. S. Census Bureau's survey of service industries. The 10,263 theatres figuring in the survey, with gross receipts in 1933 of $414,468,000, paid $85,416,000 in salaries and wages to the 63,473 full- time and a comparatively small num- ber of part-time employes needed for operation of the houses. The statistics reveal that the the- atrical industry as a whole is one of the major industries of the country, to the more than 63,000 employes of the theatres being added the 19,037 (Continued on page 8) Conferences Under Way on RKO Plans RKO debenture holders', stockhold- ers' and creditors' committees are con- tinuing periodic conferences on the de- velopment of a plan of reorganization for the company, it was learned yes- terday, although a plan has not taken definite shape as yet. RCA, with its 84 per cent owner- ship of RKO debentures and 64 per (Continued on page 9) ITOA Affiliation With Allied Talked Leon Rosenblatt, head of the na- tional organization committee of the ITOA, yesterday conferred with Sid- ney Samuelson, president of Allied, on affiliation of the local unit with the (Continued on page 8) No Paper Thursday Motion Picture Daily will not publish on Thursday, Nov. 29, which is Thanksgiv- ing Day and a legal holiday. MOTION PICTURE DAILY Tuesday, November 27, 1934 MOTION PICTURE DAILY (Registered U. S. Patent Office) Vol. 36 November 27, 1934 No. 126 Martin Quigley Editor-in-Chief and Publisher MAURICE KANN Editor JAMES A. CRON Advertising Manager Published daily except Sunday and holi- days by Motion Picture Daily, Inc., sub- sidiary of Quigley Publications, Inc., Martin Quigley, President; Colvin Brown, Vice-President and Treasurer. Publication Office: 1790 Broadway, New York. Telephone Circle 7-3100. Cable ad- dress "Quigpubco, New York." All con- tents copyrighted 1934 by Motion Picture Daily, Inc. Address all correspondence to the New York Office. Other Quigley pub- lications: MOTION PICTURE HERALD, BETTER THEATRES, THE MOTION PICTURE ALMANAC and THE CHI- CAGOAN. , TT . Hollywood Bureau: Postal Union Lite Building, Vine and Yucca Streets, Victor M. Shapiro, Manager; Chicago Bureau: 407 South Dearborn Street, Edwin S. Clif- ford, Manager; London Bureau: Remo House, 310 Regent St., London, W. 1, Bruce Allan, Representative. Cable address: "Quigpubco, London"; Berlin Bureau: Berlin - Tempelhof , Kaiserin - Augustastrasse 28, Joachim K. Rutenberg, Representative; Paris Bureau: 19, Rue de la Cour-des- Noues, Pierre Autre, Representative; Rome Bureau: Viale Gorizia, Vittorio Malpassuti, Representative; Sydney Bureau: 102 Sus- sex Street, Cliff Holt, Representative; Mex- ico City Bureau: Apartado 269, James Lockhart, Representative; Glasgow Bureau: 86 Dundrennan Road, G. Holmes, Repre- sentative; Budapest Bureau: 3, Kaplar-u, Budapest, II, Endre Hevesi, Representa- tive; Moscow Bureau: Civtzev Vrazhek, N. 25, Apart. 146, Moscow, U. S. S. R., Bella Kashin, Representative. Cable ad- dress: "Samrod, Moscow." Entered as second class matter, January 4, 1926, at the Post Office at New York City, N. Y., under Act of March 3, 1879. Subscription rates per year: $6 in the Americas, except Canada $15 and foreign $12. Single copies: 10 cents. Wood-Reliance Talk Deal Sam Wood, now working on the adaptation of "The Melody Lingers On" in conjunction with Lorraine Nobel for Reliance, may make one or two more pictures for Edward Small in addition to the Lowell Brentano novel. A deal is on, but will most likely be completed on the coast. Wood and Small plan to leave in about a week or 10 days for Holly- wood. Levy Back; Optimistic Jules Levy, general sales manager of Radio Pictures, returned to his desk yesterday following a trip to the stu- dio. Optimism was his keynote. "I saw several of our forthcoming pictures, particularly 'The Little Min- ister.' It's merely a question of whether it's a $3,000,000 or a $2,- 500,000 picture," he said without blink- ing an eyelash. Laemmle Sailing Dec. 1 Carl Laemmle, Jr., anticipates sail- ing for Europe on the Rex Dec. 1. He has recovered from his attack of the flu and made an appearance at the Universal office yesterday for the first time in a week. Gorilla Film for Acme Kinematrade, Inc., has booked the Ben Burbridge adventure film, "Kid- napping Gorillas," into the Acme for the week beginning Thursday. Milwaukee's First Run Scales Slashed Milwaukee, Nov. 26. — First run admission prices have again hit the skids here. Dropping the stage shows at both its Wisconsin and Palace and playing a straight single feature policy at both houses, Fox has extended its 25-cent admission at the theatres from 1 P.M. to 6 P.M. except Sundays with the same price policy at its Al- hambra and Garden, both of which are playing double features. The Warner has also adopted the new policy of 25 cents until 6 P.M. Present indications are that the poll now underway to bar premiums in Milwaukee county will fail to receive the support of 75 per cent of the exhibitors. Approximately half a dozen theatres here are now featuring gift nights and it is believed the prac- tice will be extended to other houses. Shakespeare Picture Is Cast by Warners Hollywood, Nov. 26. — All but one of the principal roles in the screen version of "A Midsummer Night's Dream," which Max Reinhardt will direct for Warners, have been cast. The players will include James Cagney, Dick Powell, Joe E. Brown, Jean Muir, Mickey Rooney, Hugh Herbert, Ian Hunter, Donald Woods, Frank McHugh, Otis Harlan, Grant Mitchell, Anita Louise, Hobart Cava- naugh, Ross Alexander, Eugene Pal- lette, Arthur Treacher, Olivia dc Haviland and Nina Theilade. Renew with Woods Hollywood, Nov. 26. — Warners have renewed their option on Donald Woods' contract for another year. Mady Christian's second picture under her M-G-M contract will be the starring role in the Edmund Goulding picture, "The Flame With- in." Mary Ellis' first picture for Para- mount will be the co-starring role opposite Carl Brisson in "Be Careful, Young Lady." Van Dyke, Turf Man Hollywood, Nov. 26. — W. S. Van Dyke has been made a member of the board for the Santa Anita race track, which has been largely capitalized by motion picture capital. Delay on Ohio Sale Tax Stirs in Senate Columbus, Nov. 26. — Although im- mediate legislation by the Senate was expected following passage last week by the House of the retail sales, in- come and public utility excise taxes, present indications point to consider- able delay in the upper branch, due to strenuous legislative and public op- position to the income tax, which runs as high as six per cent on earned in- come in the lower brackets to nine per cent in the higher, with still higher assessments on unearned income. Cer- tain defeat of the income impost in the Senate is forecast by observers. This will delay the sales tax since Governor White has made it plain that the taxation program must be passed as a whole. That the sales tax will be enacted, and the admission impost repealed, is a generally accepted fact. The only question is whether this will be done now or held over for the new adminis- tration which comes into power on Jan. 1. Oue Dual Theatre Remains in Lincoln Lincoln, Nov. 26. — Only one house in the 11 operating here still hangs to dual features. This is a drastic reversal of the situation prevailing two months ago when seven spots went for double bills. Price raises in the second run houses and cuts to one picture went by without a squawk from patrons and business is generally healthier. On the average prices are 15 per cent higher and grosses 25 per cent better. G. B. Opening 4 in Jan. Four Gaumont British productions will have their premieres here the first month of the new year. "Evergreen" will open at the Music Hall Jan. 3. "The Iron Duke," with George Arliss starred, goes into the same house later in the month. The Roxy will get "The Unfinished Symphony" early in January, with "Jack Ahoy" open- ing there the latter part of the month. Hodkinson in G. B. Post Gaumont British has appointed Ken- neth Hodkinson sales manager in the San Francisco branch. He has been associated with Universal and U. A. Columbia Off y2 on Big Board High Low Columbia Pictures, vtc 39 3&yi Consolidated Film Industries 3% 354 Consolidated Film Industries, pfd 18 17% Eastman Kodak 116J^ 116 Fox Film "A" 13% 1354 Loew's, Inc 3554 34% Paramount Publix 3% 3% Pathe Exchange Wi l'/s Pathe Exchange "A" 1454 14 RKO 2 1% Warner Bros 4% 4% Technicolor Unchanged on Curb Net Close Change Sales 3854 — Vz 1.200 3U 500 17% -% 1,300 11654 + 54 1,000 1354 - 54 400 35 -% 8.300 354 1,800 v/% 2,900 14 -y> 1,100 2 2,400 4% -Ys 3,400 Technicolor Net High Low Close Change . 12% 12% 12% Few Bond Issues Show Gains High Low Close General Theatre Equipment 6s '40 10% 1054 1054 General Theatre Equipment 6s '40, ctf 10 10 10 Keith B. F. 6s '46 64 64 64 Loew's 6s '41, ww deb rights 103% 103J4 103% Paramount Broadway 554s '51 4154 4134 4134 Paramount F. L, 6s '47 5854 5854 5854 Paramount Publix 554s '50 60 59 5954 Pathe 7s '37, ww 100 99 99% Warner Bros. 6s '39, wd 5954 58% 5% Net Change + % - 54 -154 - 54 + % + % Sales 100 Sales 37 2 1 3 3 2 36 30 14 < Purely Personal ► D UDDY MORRIS, son of Sam E. *-* and general manager and vice- president of Music Publishers Holding Co., holding unit for Whitmark, Harms and Remick, is enroute to Europe for a six weeks' tour of foreign branches. He is aboard the He de France with his father. Howard Dietz's latest activities in the field of lyrics go on display at the New Amsterdam tomorrow night. The show is "Revenge With Music" which Harold B. Franklin and Arch Selwyn are sponsoring. Sir Cedric Hardwicke, British stage star, arrives from England to- day on the Europa on his way to Hollywood to appear in "Becky Sharp," Pioneer production for RKO release. William E. Harkness, special con- sultant, and Andre Merle, director of engineering of the Control Corp. of America, are back at the home office after a week at the Chrysler Amplex factories in Detroit. Peggy Shannon returns to the footlights after a long sojourn in darkest Hollywood with a role in "Page Miss Glory" which opens at the Mansfield tonight. Alexander Kirkland, well known in Hollywood acting ranks, has one of the leads in "Gold Eagle Guy.'' It makes its bow at the Morosco Wed- nesday evening. Boris Morros goes to the coast as associate producer for Paramount after the first of the year. Harry Edington and Barbara Kent left Sunday night for Holly- wood. Al Santell is due to arrive from England today on the Olympic. Walter Eberhardt has made his decision. It's to be Nassau. McGann to Columbia Frank McGann, formerly connected with Shuberts for eight years, has joined Columbia as assistant to Ed Olmstead, exploitation head. McGann takes over the job originally slated for Ben Serkowich, who has been forced by illness to take a vacation in the South. Serkowich may go to Gau- mont British on his return from Miami. Actors Ask More Relief Led by Ralph Whitehead, executive secretary of the American Federation of Actors, a delegation of unemployed members of the organization will call on Mayor LaGuardia tomorrow noon to ask for more adequate relief for the city's idle vaudeville, cafe and outdoor performers. Sullavan, Wyler Wed Yuma, Ariz., Nov. 26. — Margaret Sullavan and William Wyler, direct- or, flew here from Hollywood over the week end and were married by Judge Earl A. Freeman. Roberts Passes Crisis Cleveland, Nov. 26. — George Rob- erts, Fox district manager, today passed his crisis and is now expected to recover from his pneumonia siege. WARNER BROS. BOOK CHU CHIN CHOW* HELD OVER 4?WEEK BALTIMORE. .MINNEAPOLIS LOEWS OPEN *POWER" BROOKLYN NEXT WEEK ... HELD OVER 5™ WEEK ... BOSTON . JACKAHOY.^IO PREVIEW.. RITZ- CARLTON DEC. JSP, PRIOR TO ROXY OPENING. Mc VICKERS THEATRE GETS FIRST RUN . . ALL PRODUCT . . CHICAGO BOOKED EARLY JANUARY - RADIO CITY MUSIC HALL JESSIE MATTHEWS in "EVERGREEN" GEORGE ARLISS in "THE IRON DUKE" MIMONT BRITISH PRODUCTIONS «- PHYSICAL DISTRIBUTION* FOX EXCHANGES • CANADA, REGAL FILMS, LT ■ PB HURLS THE FIRES OF HER TEMPESTUOUS SOUL INTO TRANSCENDENT DRAMA THAT THUNDERS AT THE TES OF TIMELESS GLORY! SIR JAMES M. BARRIE'S TH€ LIT MINIST6 WITH JOHN BEAL * ALAN HALE DIRECTED BY RICHARD WALLACE A PANDRO S. BERMAN PRODUCTION It KO^ RADIO'S CHRISTMAS GIFT TO ALL THE WORLD! *Dec.27 1934 An Eventful Day On Which Exhibitors Will Celebrate The National Release Of Another Columbia Hit . . a Frank Capra CLASSIC . . Probably The Grandest Romantic and Most Thrillingly Exciting Comedy Of All T lme QYorli T. revniere * (PRE-RELEASE) ★ RADIC THE WORLD'S FINEST THEATRE GAVE IT THE MOST IMPORTANT PLAY DATE OF THE YEAR* VARNE m II FRANK CAPRA'S greatest production by ^Robert T^Sildn. ^Basei) on the stonj bij jl'lark 3£etlinqer with Walter Connolly — Helen Vinson ITY MUSIC HALL * Zkanks^Ln MOTION PICTURE DAILY Tuesday, November 27, 1934 63,473 Hired, $85,416,000 Paid in 1933 (Continued from page 1) employed in production and the un- known numbers of actors and musi- cians in the vaudeville and legitimate fields and those engaged in distribu- tion. Because of the fact that no separate figures are available for part-time em- ployment, it is impossible to average the compensation paid theatre work- ers, either for the country as a whole or in any particular state. With no allowance for part-time, however, it is indicated that the average runs from something under $720 a year in Mississippi to something less than $1,- 800 in New York. Fewest Hired in North Dakota A considerable range in the aver- age number of those employed per theatre also is shown. The lowest average would appear to be in North Dakota, where 175 employes were re- ported by 102 theatres ; the highest would appear to be in the District of Columbia, where 25 theatres employed 487. There is, however, no way of de- termining whether the employment figures accurately portray the situa- tion, since in the states with a low average of full-time workers there may be a much higher proportion of part-time employes than in the states with high full-time averages. The bureau's figures show, as was to be expected, that New York led in employment with 11,463 full time workers and a total payroll of $20,- 780,000. California was second in num- ber of employes with 5,220 but the total payroll of $6,771,000 was ex- ceeded in Illinois, where 4,303 were employed and wages totaled $7,123,000. Other States with heavy theatre employment were Pennsylvania, 4,889 and a $5,872,000 payroll; Massachu- setts, 3,678 and $5,363,000; Ohio, 3,822 and $4,440,000; New Jersey, 2,116 and $3,797,000, and Michigan, 2,324 and $3,072,000. Friedlander Goes to Detroit and Chicago Al Friedlander, vice-president of First Division, left last night for De- troit. He originally intended to leave Sunday but waited for Harry H. Thomas, president, to return from a swing of exchange centers. Thomas got back Sunday night. After get- ting set on location and personnel for the new Detroit exchange, Friedlander will go to Chicago for a look at the territory and an office planned there within the next few weeks. Charles Rosenzweig, general sales manager, and Jules K. Chapman are in Philadelphia and will return in a few days. Special Service Quits Special Service Screen Corp. of 630 Ninth Ave. has gone out of business. Sid Blumenstock headed the company. Where the Payroll Went w ashington, Nov. 26. — The following table, prepared by the Wash- ington Bureau of Motion Picture Daily, shows the number of persons employed in the industry full time and total payrolls, including part-time employment, in the various states for 1933 : Full Time Employes Alabama 398 Arizona 202 Arkansas 272 California 5,220 Colorado 577 Connecticut 1,402 Delaware 135 District of Columbia '487 Florida 350 Georgia 858 Idaho 155 Illinois 4,303 Indiana 1,366 Iowa 928 Kansas 814 Kentucky 751 Louisiana 847 Maine 196 Maryland 1,052 Massachusetts 3.678 Michigan 2,324 Minnesota 1,145 Mississippi 293 Missouri 1,601 Montana 252 Nebraska 483 Nevada 72 New Hampshire 207 New Jersey 2,116 New Mexico 93 New York 11,463 North Carolina 857 North Dakota 175 Ohio 3,822 Oklahoma 928 Oregon 489 Pennsylvania 4,889 Rhode Island 496 South Carolina 382 South Dakota 207 Tennessee 607 Texas 2,548 Utah 218 V ermont 86 Virginia 752 Washington 1,390 West Virginia 450 Wisconsin 1,010 Wyoming 127 Totals 63,473 Total Total PaiiYoll* Theatvea $347,000 126 197,000 33 236,000 110 6,771,000 629 607,000 123 1 ,447,000 141 175,000 23 861,000 25 362,000 94 790,000 158 151,000 71 7,123,000 551 1,562,000 297 1 ,043,000 318 744,000 260 746,000 156 831,000 152 195,000 75 1,350,000 148 5,363,000 290 3,072,000 406 1 ,607,000 317 •"11 i f\r\f\ 211,000 95 2,550,000 321 313,000 84 498,000 241 82,000 19 259,000 47 3,797,000 238 72,000 30 20,780,000 879 702,000 184 174,000 102 A A A f\ i\f\r\ 4,440,000 555 843,000 254 538,000 116 5 872 000 /to 735,000 37 300,000 77 225,000 115 613,000 124 2,303,000 515 242,000 74 85,000 32 784,000 159 1,343,000 221 508,000 156 1,404,000 303 163,000 37 $85,416,000 10,263 Roxy Headed For $45,000 With "Life" *Includes compensation paid part-time employes. Roach Visiting Mother Hollywood, Nov. 26. — Hal Roach is flying to Culver, Ind., to spend the holiday with his mother. Jersey Premium Ban Before Campi Group An appeal from the premium ban recently voted by 75 per cent of the theatres in southern New Jersey was heard yesterday by a Campi commit- tee consisting of Leslie E. Thompson, Laurence Bolognino and Roy L. Haines. Jacob Cohen of the Park, Mer- chantville, and Harold F. Eldridge of a premium company of the same name, appeared yesterday before the committee as the complainants. Dave Segal represented Eldridge. Sam Farber, who operates nine houses in Camden, Gloucester, Bur- lington, Salem and Cumberland coun- ties, conducted the original vote on the premium issue the latter part of July and August. He appeared as de- fendant. About a dozen exhibitors and premium men from the territory attended. Other cases heard were C. A. Ferry, Granada, Alhambra, Cal., against O. W. Lewis, Mission, San Gabriel, Cal., on bank nights ; C. P. Knudsen, State, Watertown, S. D., against Colonial and Lyric, same city, on tying up of product ; Gonzalo Bensenilla and Ar- thur Gomez, Palace, Atlanta, against Juan Carbonell, Monroe, Key West, Fla., on overbuying. I EPA to Dine, Dance Philadelphia, Nov. 26. — The In- dependent Exhibitors' Protective Ass'n. will hold its first dine-dance- show at the Bellevue-Stratford Hotel Sunday night. Heading the various arranging com- mittees are Columbus Stamper, Geo. Gravenstein, Norman Lewis, Morris Wax, David Barrist, C G. Hexter, H. Fried, Charles Stiefel, C. Gold- fine, J. Becker, D. Wilgram and S. Schwartz. With a three-day week-end take of more than $25,000 already in the till the Roxy is headed for a $45,000 week on the first seven days of "Imi- tation of Life." The gross might bt larger if the running time of 110 min- utes could be cut. Irving Lesser, man- aging director, wanted to put on five show:s a day, but because of the length of the Universal film was compelled to let it go at four. On Sunday evening, the sale of tickets was ordered stopped by the fire department for 50 minutes. The house hasn't seen a $45,000 figure since Roxy Theatres Corp. went into receivership. Because of the swell business over the week-end, Walter Reade has de- cided to hold "Marie Galante" at the Mayfair. The $15,000 week forced "Gambling" to wait until next Mon- day night for its debut. At the Rivoli, "Kid Millions" hit $29,700 which was good for the sec- ond week. The first stanza tallied $51,000. Estimated takings : Week Ending Nov. 22: "GAY DIVORCEE" (Radio) RADIO CITY MUSIC HALL — (5,945). 35c-$1.65, 2nd week, 7 days. Gross: $94,- 000. "THE FIRST WORLD WAR" (Fox) RIALTO— (2,300). 25c-65c, 2nd week, days. Gross: $9,000. Week Ending Nov. 23: "EVELYN PRENTICE" (M-G-M) CAPITOL — (4,700), 35c-$1.65. 2nd week, 7 days. Stage show. Gross: $28,900. "LADY BY CHOICE" (Col.) PALACE — (2,500), 25c-75c, 7 days. Vaude- ville. Gross: $11,000. "WHITE PARADE" (Para.) PARAMOUNT— (3,700), 35c-99c, 2nd week 7 days. Gross: $16,000. "EVENSONG" (Gaumont British) ROXY— (6,200), 25c-55c, 7 days. Stage show. Gross: $25,000. "THE FIREBIRD" (Warners) STRAND — (3,000), 25c-55c, Gross $10,150. Week Ending Nod. 24: "KID MILLIONS" (U. A.) RIVOLI, (2,300), 40c-99c, 2nd week, \ days. Gross: $29,700. Week Ending Nov. 26: "MARIE GALANTE" (Fox) MAYFAIR — (2,300), 35c-65c, 7 day? Gross: $15,000. M. P. Publications Sold Hollywood, Nov. 26. — Official sale of Motion Picture Publications, pub- lishers of Motion Picture and Classic, to the Fawcett outfit was consum- mated todav. days ITOA Affiliation With Allied Talked (Continued from page 1) latter organization. Incidentally Ro senblatt is also a member of Alliet of New Jersey, which meets today a the Lincoln. On Wednesday, he will report bad to the I.T.O.A. on the results of yes terdav's session with Samuelson. Goodwin Fails to Appeal Scranton, Nov. 26. — Jack Goodwir Boston, former manager of the Rit: in this city, failed to put in an ap pearance when his case against th\ Comerford Publix Theatres was callei before State Compensation Refere John C. Lesniak. Goodwin had filei a claim for hospital and doctor ex penses incurred during the time he wa ill with pneumonia. Installs Sunlite Arcs Joe Hornstein, Inc., has installe Sunlite arc lamps in the Oxforc Brooklyn, operated by Muller I Schwartz. fuesday, November 27, 1934 MOTION PICTURE DAILY Phila. Duals Case Widened To an Inquiry (Continued from page 1) lie inclusion in contracts for the new eason of a clause restricting the show- ng of duals. "I am not going to limit this hear- ng to the technical issues in the .leadings" Judge Welsh asserted. The public has most vital interests in his industry, and if it suffers, or the alents of artists are suppressed or re- arded by this particular clause in the ontract, it might have a most import- nt bearing on the bona fides of such lauses. "Suppression or restriction might ome within the Sherman or Clay- dh anti-trust laws. The public 5 the real beneficiary of the provi- ions of the anti-trust laws, so that his controversy may be more than a egal battle between two private par- ies." The court's declaration came after vitnesses" for the plaintiff, including rolumbus Stamper, Harry Freed and 'erelman himself, all exhibitors, testi- ied they were late in receiving major >roduct and that in many cases inde- >endent product was as good if not letter than that of the majors. Ed Boreth, exchange manager for Masterpiece here, said the independ- :nts are placing more product this rear than last, but that the clause ■estrictions were hampering business. Edward Raftery of the United Art- ists legal staff today joined counsel :or the defense. It now appears that the case may :ake more than two weeks. Cleveland Buying Case Gets 4th Delay Cleveland, Nov. 26. — The Stein- berg vs. Shea overbuying case was today postponed for the fourth time by the local grievance board. Post- ponement was requested on the ground Edward Raftery, attorney for the de- fendant, was in Philadelphia on the Harry Perelman double featuring suit against major distributors. The board decided to hear the case Friday definitely. The complainant claims inability to buy major product of this year or any other year for any designated run. The defendant houses are the Casto and Palace. The case, first set for hearing Oct. 15, was postponed to Nov. 5 by mutual agreement in an effort to reach an amicable settlement. It was postponed again to Nov. 19, and was to have been heard today. Agents9 Rules Proposed Under Code Are Rejected Chaplin Working Chicago, Nov. 26. — Charles Chaplin is shooting his new comedy, which probably will be ready for release in Feb- ruary, declared Hal Home, director of advertising and publicity for U. A., as he stopped over here today en route from Hollywood to New York. The picture will include some dialogue in the manner of "City Lights." Chicago Clearance Goes Into Eclipse (Continued from page 1) the local area this season and is now ready to hear all individual protests on existing clearance. The Chicago schedule was returned by Campi when it was found that no provision was made for 10-cent the- atres. The clearance provisions stopped at the 15 cent mark. In re- turning the plan, Code Authority rec- ommended that despite the fact all contracts provide for 15 cents mini- mum admissions, the schedule must not exclude dime houses. Flinn Arrives on Coast Hollywood, Nov. 26. — John Flinn, Campi secretary, arrived today. He will spend a week here reviewing ac- tivities concerning Code Authority. He is also lining up a new budget, which he said would not exceed the present budget for this territory. He ex- pressed much satisfaction at the way the extras' standing committee and studio labor board are functioning. The former, he revealed, has settled more than 800 cases out of 905 filed while the latter body has cleared more than 200. K. C. Unit Considering M-G-M, U. A. Boycott (Continued from page 1) tives of both distributors on the possi- bility of restoring former prices. While the committee at a meeting today failed to present a definite boy- cott plan against M-G-M and United Artists, many independents were re- ported already not dating pictures re- leased by those companies, while others claim they will not buy. The boycott idea has been approved by the I. T. O. members, who feel the move is justified on the ground they bought product with the under- standing the Midland would maintain prices established early this season. Alleging the implied promise violated, the I. T. O. men feel they are not obligated to play pictures first run at the Midland 15-cent matinee price, threatening similar action against other distributors furnishing product to first runs cutting too deeply. Practically everyone here expects other first runs to slash before long unless Loew's returns to the former scale. Campi's delay on the local clearance schedule is regarded by board members here as a move to give New York circuit heads oppor tunity to straighten out the price sit uation. Century Kicks on Ads Century circuit has brought two premature advertising cases against Brooklyn independents. The hearing will be held today by the New York grievance board. Defendants in the cases are the Quentin on the complaint brought by the Marine and the Glen wood on the protest filed by the Farragut. (Continued from page 1) committee with having failed to pro- pose rules to govern the relations be- tween producers and agents, as re- quired by the code. "I find that the said proposed rules and regulations are beyond the pow- ers and without the scope of the du- ties delegated to the agency committee and, therefore, cannot approve the same," Rosenblatt declared in his re- port on which the National Indus- trial Recovery Board based its rejec- tion. "The proposed rules and regulations are not standards of fair competition for the industry," the report said. The proposed rules, he pointed out, seek principally to govern the rela- tionship between agents and actors, and many would not affect members of the industry at all. Further, he said, if the proposals were adopted they might react to the definite dis- advantage of agents and producers, the latter being made subject to penal provisions of the Recovery Act if found guilty of violation, while an agent might lose his business, and while employes found guilty would be subject to no penalties. "Some of the proposed rules and regulations submitted by the agency committee cover trade practice provi- sions governing producers already in the code and result in confusion," Rosenblatt found. Smalley-Glove City Dispute Before NRA Washington, Nov. 26. — The dis- pute between William C. Smalley and the Glove City Amusement Co. over the Hamilton Theatre, Hamilton, N Y., will be heard Dec. 12 by the Com- pliance Council of the NRA, to which the matter has been referred after in- ability of Campi to reach a decision. The house has been occupied for some years by Smalley, whose lease expired last month. Prior to that time it had been sold by the owner to the amusement company, and Smalley brought a claim of interference with pending negotiations for renewal of the lease, which was heard by the Albany grievance board. The board certified it to Code Authority, which in turn sent it to Washington. Smalley also went to court over the matter and secured a temporary injunction, which was up for argu- ment today, and the court was advised in a wire by Deputy Administrator William P. Farnsworth that the mat- ter had been set for hearing. This action was in response to a request from the court for information as to what the industry thought about the point raised. O'Reilly in Capital Washington, Nov. 26. — Charles L. O'Reilly, member of Campi, is here on the candy code and conferences with Compliance Director Sol. A. Rosenblatt. He returned to New York tonight for the Code Authority meeting tomorrow. Deputy Admin- istrator William P. Farnsworth will attend the New York session tomor- row. Columbia Net On Quarter Is $235,712.19 (Continued from page 1) on a quarterly basis of 25 cents. The common sold yesterday at $38.50. For the same quarter last year the net was $241,778.63, or $1.36 for the 167,885 shares of common outstanding at that time. The net shows a slight falling off, but the company's financial structure has been strengthened by increasing the earned surplus to $3,329,852.25 and working capital to $5,078,753.82. The consolidated balance sheet shows cur- rent assets of $6,471,909.03 and cur- rent liabilities of $1,393,155.21. The quarterly dividend of 25 cents a share on the common and voting trust certifications for common stock will be payable Jan. 2, 1935. The semi-annual stock dividend on the common of two and one-half percent will be payable in common stock on Feb. 2, 1935, to common stockholders and voting trust certificate holders of record Jan. 14, 1935. Conferences Under Way on RKO Plans (Continued from page 1) cent stock interest, looms as the most important figure in any reorganization plan developed for RKO. Others hav- ing a voice in the conferences, in ad- dition to general and merchandise cred- itors, include Consolidated Film In- dustries, which holds $1,500,000 of RKO secured notes ; the stockholders' protective committee, headed by Mau- rice Goodman, Paul M. Mazur and Herbert Bayard Swope, and the deb- enture holders' committee headed by George N. Armsby of Blair & Co., and Arthur Lehman of Lehman Bros., former RKO bankers. Skouras Unit Here To Keep Its Name Skouras Theatres Corp. does not in- tend to change its name to National Theatres Corp., it was stated yester- day by Louis Weber, attorney for the former of which George Skouras is president. National Theatres Corp. with 1,000 shares at $1 was formed in Albany last week. On Nov. 1, a company of the same name was incorporated in Dover. At the time of the New York incorporation, it was stated that the corporation will operate in New York. This is explained by Weber as mean- ing that, in order to sign valid con- tracts in New York for a "foreign" corporation, a local unit must be or- ganized. Charles Skouras, vice-president of National, is in New York on operating plans under reorganization for Fox West Coast Theatres Corp. Rapf, Prize Winner Hollywood, Nov. 26. — Harry Rapf today learned his son, Maurice, had won two prizes for the best plays pro- duced at Dartmouth. First prize was awarded the younger Rapf for writ- ing and producing "Delinquents" and second prize for the same job on "Kid Brother." MOTION PICTURE DAILY MOTION PICTURE DAILY* HOLLYWOOD PREVIEW "Forsaking All Others" (M-G-M) Hollywood, Nov. 26. — In an unusual combination of marquee names and production values dovetailing personalities and talent with material and vice versa, this seems ordained for big grosses and satisfied cus- tomers. Clark Gable, Joan Crawford and Robert Montgomery add richness and flavor to the story idea of two boys in love with one girl and with the girl loving one but marrying the other. New vitality is given this plot by a bouncy flow of lines merging with the action while the heart-crack- ing drama unfolds from a casual gesture or a flip remark. Played in the manner of "The Thin Alan," stinging truth hides behind comic antics and belly laughs to follow with stabs of poignancy. Much of the zest and sparkle of the production seems to spring from "Woody" Van Dyke's superior direction, which deftly extracts the most from the personalities, situations and dialogue. Gable, Miss Crawford and Montgomery are an intriguing romantic trio, having Claude Butterworth, Billie Burke, Rosalind Russell and Frances Drake for splendid support. Miss Drake again evidences star potentialities. Joseph Mankiewicz wrote the screen play from the stage play of the same name. Gregg Toland and George Folsey photographed well. The union of star names with sterling entertainment gives Leo an added right to roar for this one. No production code seal. Running time, 84 minutes. "G." Looking 'Em Over "Sing Sing Nights" (Monogram) An intriguing murder mystery which holds the interest throughout. Most of the action takes place via the flashback method, which in this case, comes in handy. Three men confess killing a war correspondent. The three are found guilty, but when the day of execution arrives the governor finds himself in a tight spot. He cannot send the trio to the chair, for actually one man only is guilty. Ferdinand Gottschalk, a scientist with a blood pressure machine he contends can tell who is the guilty party, interviews the three prisoners and from their stories singles out the murderer. Conway Tearle is the newspaper correspondent who could have been murdered by any of the three prisoners whom he has double-crossed. Hardie Albright is a competing journalist with a good motive, as are Jameson Thomas, the coffee bean victim, and Henry Kolker, the real killer. Boots Mallory, Mary Doran, Berton Churchill, Richard Tucker, George Baxter and Lotus Long are other names that add value to the lineup. All performances are generally good. The photography by Archie Stout is fair. Taken as a whole, it's a good hour's entertainment. Production Code Seal No. 422. "G." . 10 Add New Impetus To Jewish Drive (Continued from page 1) ists in the film, theatre and radio world, familiarizing them with the work being done by the 91 affiliated institutions supported by the Federa- tion and adding to its impetus. Among the speakers were David Sarnoff, who pinch hit for Adolph Zukor; Judge Joseph M. Proskauer, Eddie Cantor, Ed Wynn, Arthur Lehman and David Bernstein. Pledged at the meeting was $21,000. Judge Proskauer revealed that the Federation budgets 80 per cent of all Jewish relief in the city and that the organization is in the midst of "a crisis." He added that, although the need is 40 per cent greater than last year, the $5,000,000 budget of 1929 has been cut to $3,600,000 this year. Cantor, who is vitally interested in Surprise Lake Camp for boys, one of the institutions supported by the Fed- eration, pictured the actors as falling down on the job last year. He said he would "personally" see that every actor and actress is advised of the work going on. He added: "If you are not on the receiving end you should be on the giving end." Pledges from Al Jolson, Phil Baker, Jack Benny, Cantor, A.S.C.A.P., and a few others were made. Among those gathered at the M. P. Club were: Jack Alicoate, David Bernstein, Louis Bernstein, Jess Block, Jack Bregrnan. Jules E Brulatour, Burns & Kissen, Irving Caesar, Eddie Cantor, E. W. Castle. Jack Cohn. Robert Crawford, Emery Deutsch. Edward Duchin, Lou Diamond. Anatole Friedland. Leopold Friedman, Louis Frisch. Dr. Gilbert, George Givot. Lud Gluskin, Max Gordon, Harry Green, Johnny Greene. Arthur Guiterman, Nan Halperin, Jack Harrower, Ben Hecht, S. Hurok. Roger Wolfe Kahn, Irwin Kleeblatt, Francine Lar- rimore, Howard Lanin, Abe Lastfogel. Ar- thur Lerman, Gary Leon. Leon Leonidoff. Fred Lightner. Ethel Merman. Edwin Meyer. Wm. Morris, Jr., Mitchell & Du- rante. Boris Morros, Joe Moss. Izroy Norr. Leo Newman, Louis Nizer, William Orn- stein. Jan Pierce, David Pinski. Jack Pow- ell, Judge Joseph M. Proskauer. Henry Randel. M. Ranseller. Walter Reade, David Ross, Lillian Roth, David Sarnoff. Robert Schirmer. Ben Salvin. David Schooler, Na- thaniel Shilkret. Louis K. Sidney. Samuel Shipman. Lee Shubert, Bernard Sobol. Sig- mund Spaeth, Harry Von Tilzer, Harry Warner. A. L. Warner. Rita Weiman. Sam Winkler. Julia Wintz, Ed. Wynn and Eu- gene Zukor. Sam Harris Passes In Frisco Hospital San Francisco, Nov. 26. — Sam Harris, prominent western showman, died at 8 o'clock this morning at Mt. Zion Hospital here. He had been in failing health for months. The end came on the eve of launch- ing revised plans for a testimonial benefit show which was to have been given for him at the Golden Gate Theatre on Dec. 8. Nearly 100 thea- tres in this city were represented in the benefit plans. A publicity com- mittee of 25 was set to call on all newspapers today. Plans for the show have been temporarily canceled. Harris had been a senior _ member of the Ackerman and Harris chain, which at its height owned and operat- ed nearly 100 houses, including cir- cuits extending from Portland to Los Angeles and from San Francisco to Chicago. Harris helped Al Jolson, Paul Ash and others to prominence. Harris' passing recalled the death of Ferris Hartman a year ago. Hart- man died on the eve of a benefit show planned for him. Milton Singer Buried Funeral services were held yester- day for Milton Singer. 21, assistant casting director for Warners Vita- phone studio, Brooklyn, at the Park Memorial Chapel, Brooklyn. The services were attended by members of the studio staff. Interment was private. Singer was killed Sunday, along with his father, Samuel Singer, when an automobile he was driving crashed into a traffic stanchion on Ocean Parkway, Brooklyn. Mrs. Ida Sing- er, his mother, was also in the car and was severelv injured. Singer had been an employe of the Vitaphone plant for the past six years. Roden Services Today Funeral services will be held at the Stafford Funeral Parlors today for Robert F. Roden, scenario writer variously identified with Universal, Fox, Reliance and Monogram. He died at the Metropolitan Hospital late last week at the age of 62, ac- cording to the Jay Packard Agency. Oppenheimer Resigning Hollywood, Nov. 26. — George Op- penheimer, associated with Samuel Goldwyn in an executive position, is resigning, effective Jan. 1. He plans to resume his writing career. Oppen- heimer had a hand in fashioning the script of Eddie Cantor's "Roman Scandals." Tuesday, November 27, 193* Para. Plan May Go To Court Tomorrow (Continued from page 1) here tomorrow, it was stated in re liable quarters yesterday. Final conferences on the selection of candidates for two remaining post ] on the initial board of directors ar expected to result in agreements to- { day. A new draft of the plan, in- cluding the initial board which will submit it to the court and embodying minor additions to and changes in the plan as printed Nov. 21, will be readied ! late today. A very slight possibilit; that this draft might be completed 5n time for filing today was expressed together with the less optimistic ad- mission that unforeseen complication- i might delay the filing until the weel end. If the final conferences proceed as they were confidently expected U last night, however, the plan shouk go to the Federal court tomorrow. The directorate, still incomplete, i expected to include the following Adolph Zukor, Frank A. Vanderlip Dr. Julius Klein, Percy Johnstonj George W. Davison, Maurice Xewton: Gerald Brooks and Louis J. Horwitz" The latter, president of the Thompson Starrett Co., served as a trustee it bankruptcy for Paramount for a brie period and was succeeded, upon hi resignation, by Charles E. Richardson Sixteen Directors Maximum The reorganization plan provide' for a maximum of 16 directors. It i believed, however, that only 10, o; perhaps nine, will be nominated at th 1 outset and that the normal workind board will be limited to 12 or 15, wits the vacancies being filled as time an< requirements dictate. Indications yesterday were that th so-called Kuhn, Loeb plan, now sup ported by virtually all of the importan creditor groups in addition to th bondholders' and stockholders' protec tive committees, will be the only pla I to be submitted to the court. For time, Malcolm Sumner, counsel for small group of bondholders, propose | submission of an independent plan, bui stated yesterday that as his principal contentions were essentially covered i j the plan about to be filed, he woul j not submit a plan of his own to th court. J Sumner, several months ago, re] tained an accounting firm to go ove the books of Paramount and, on ij| basis of that study, drafted a reoi ganization plan which he offered t present to Federal Judge Alfred C Coxe several weeks ago. No othe plan, so far as is known, has been i; preparation. Tracy Barham to Rw Para. Ohio Theatre Hamilton, O., Nov. 26. — Trac Barham, in charge of the Palace an Marion, at Marion, O., recently take over by Midhio Theatres, Inc., Paramount subsidiary, will also ha\ ! jurisdiction over the Paramount. Pa ace and Rialto here, and the Par; mount and Strand, at Middletown, C acquired by Southio Theatres, Inc last week. District headquarters wi be established here. Barham, who resigned as Warn* eastern zone manager to return 1 Paramount-Publix. succeeds Harry 1 Royster, vice-president and gener manager of the Southio Corp. her 1 1 Royster will return to New York ifl operate under Frank Freeman. HELP YOURSELF to the biggest entertainment treat on Broadway! HELP OTHERS to health and happiness! ♦ ♦♦ They're Calling On YOU for a stellar performance in ATTENDANCE at the SPECIAL BENEFIT PERFORMANCE of Lew Brown's Smashing New Revue "CALLING ALL STARS" FOR THE MILK and EGG LEAGUE FOR NEW YORK TUBERCULAR POOR OF LOS ANGELES SANITORIUM HOLLYWOOD THEATRE 51st & Broadway SUNDAY, DEC- 16-8:30 RM- ♦ ♦♦ These stars will give you the show of the century . . . and the thrill of a lifetime in helping hundreds of New York's unfortunates! LOU HOLTZ PHIL BAKER JACK WHITING EVERETT MARSHALL MITZI MAYFAIR GERTRUDE NIESEN PATSY FLICK PATRICIA BOWMAN PEGGY TAYLOR ANNE JUDY ZEKE MARTHA RAY A percentage of the proceeds will be donated to the Actors' Fund of America Make Your Reservations NOW! TICKETS ON SALE AT STRAND THEATRE— or 'Phone Circle 7-5900 [This space donated by Motion Picture Daily] WILL PLEASE ALL AUDIENCES 100% —SHOWMEN'S ROUND TABLE MONOGRAM'S SUCCESSOR TO THE "SWEETHEART OF SIGMA CHI" GIVEN HIGH PRAISE BY TRADE PRESS "Chock full of good clean fun ... A swell show . . . Will please audiences 100% ... A thorough search of Hollywood couldn't re- veal players more suited to their roles or with greater drawing power. — Showmen's Round Table "Lively activity of a big track meet entertain- ing . . . Picture's appeal is to the younger patrons in particular/' — Mot/on Picture Herald "Lively co-ed campus f rolics . . . Made for the youth of both sexes . . . Lively cheery fare." — Film Daily "Clicks as entertainment with plenty of gen- uine comedy ... A credit to all concerned." — Motion Picture Daily Directed by RAYMOND McCAREY Music by EDWARD WARD Lyrics, Story and Screen Play by GEORGE WAGGNER A W, T. LACKEY PRODUCTION STERLING HOLLOWAY — EDDIE NUGENT ARTHUR LAKE — CREIGHTON CHANEY GIGI PARRISH IT'S A HIGH CLASS ENTERTAINMENT and IDEALLY SUITED for HOLIDAY AUDIENCES Motior Picture Industry MOTION PICTURE DAILY the I rit in All Branches VOL. 36. NO. 127 NEW YORK, WEDNESDAY, NOVEMBER 28, 1934 TEN CENTS Para. Board Quits Today For New Deal Preliminary to Putting New Plan Up to Court No Wide Code Revision In Prospect— Farnsworth Present French Film Quotas Extended Another Six Months By PIERRE AUTRE Paris, Nov. 27. — The present French quota which was to expire Dec. 31 was extended an additional six months today. Under the present quota, 94 foreign films may be imported but all dubbing must be done in France. This does not affect Ameri- can product, but is aimed at other quota countries. American films, however, will still be restricted to 15 houses in the entire country as they have been in the past. Three Amendments Pend- ing for Hearing Be- tween Dec. 15 and 20 The board of directors of Para- nount Publix will meet today to turn n its resignation to the board of the ie\v company in a procedure pre- iminary to submission of the reor- ganization plan for the company to i-ederal court here on Friday. Members of the old board who ormally resign today are Jules E. 3rulatour. Emanuel Cohen, John lecil Graham. Felix E. Kahn, Gilbert kY. Kahn, Austin Keough. Maurice \*ewton. Sir William Wiseman, \dolph Zukor, Eugene Zukor, Walter B Cokell and George Schaefer. The initial membership of the new x>ard is : Frank A. Yanderlip, Dr. lulius Klein, Percy H. Johnston, Seorge W. Davison, Gerald Brooks. Maurice Newton and Adolph Zukor. Final shaping of the reorganization (Continued on pane 8) Tri-Ergon Suit Is Filed Against Para. Acting on the authorization granted by Federal Judge Alfred C. Coxe re- cently. American Tri-Ergon filed an action in U. S. District court here yesterday against the Paramount Pub- lix trustees, Charles D. Hilles. Eugene W. Leake and Charles E. Richardson. The action is based on Tri-Ergon's double print patent and asks an in- junction and an accounting. Judge Coxe had authorized filing of the ac- tion against the trustees, but stipu- lated that after their counsel had made an answer to Tri-Ergon's bill of complaint, the action should be sus- pended pending the U. S. Supreme Court review of the U. S. Circuit Court of Appeals ruling upholding the validity of the Tri-Ergon patents. Philadelphia IEPA Acts on Clearance Philadelphia. Nov. 27. — The Inde- pendent Exhibitors' Protective Ass'n. today carried forward its plan to draft a clearance schedule for this territory (Continued on pane 8) Levy Gives Family Type 6 Months More The current production cycle of the "Little Women" school, based on the family-approved novels of several gen- erations ago. is universally popular (.Continued on page 8) Stage Gains; Hits at 75%, Survey Shows That more stage productions are in sight than at any time in the past five years and that 75 per cent of these are classified as hits or poten- tial hits is stated in a survey of the legitimate theatre situation in the cur- rent issue of Motion Picture Herald. Theatre employment is up by 30 per cent over last year, the article goes on. It is also stated that four dramatic productions from the 1933-34 season are still running, and that a Gilbert and Sullivan repertoire has been run- ning since Sept. 3 — a record for sev- eral years. "New York is making a real effort to capitalize on film players' popu- larity by engaging them for stage plays — and the film folk are respond- ing," the Herald states. It is also added that 22 plays are in rehearsal, with at least a dozen more scheduled to get under way in a few days. Among definite hits cited are : '-'The Distaff . Side," "Merrily We Roll ■ (Continued on page 3) Coast Production In Slight Decline Hollywood, Nov. 27. — Activity at the studios dropped off slightly for last week as compared with the preceding week with the chart "registering 32 features and seven short subjects be- (Continued on page 3) Sales Tax for New York City Seen as Sure A two per cent sales tax in New York City loomed as a certainty last night as a result of the acceptance by the Board of Aldermen of Mayor LaGuardia's suggestions that enact- ment of a program was necessary immediately to prevent stoppage of relief payments next week. Opposition among merchants' or- ganizations mounted rapidly during the day, but the attitude of the alder- men was that if the Mayor was will- ing to accept responsibility for the enactment they would go along. Passage by the Board of Estimate is necessary before the measure can become a law. Whether the tax will apply to the- atre admissions or not was not clear last night. Foods are specifically ex- empted. The state sales tax in effect some months ago applied only to sales of goods and not services. Amuse- ments were regarded as services, or intangibles. Another ■ phase of the tax program calls for a three per cent tax on (Continued on page 3) Allied Says M-G-M Leads Percentages M-G-M leads on percentage con- tracts in the local territory, according to a survey made yesterday of Allied of New Jersey members at the regu- lar meeting at the Lincoln. Fox is (Continued on page 3) By BILL ORNSTEIN Expressing satisfaction with the code and its operations, Deputy Ad- ministrator William P. Farnsworth yesterday told Motion Picture Daily there will be no general reopening or revision of the code within the next few months. Reports current that a revision was slated for February were news to him. The only changes that will take place will be three amendments on which a public hearing will be held in Washington between Dec. 15 to 20. All three amendments will be made at the same time. The date will be set following a report from John C. Flinn, now on the coast, Farnsworth stated. Changes involve the vaudeville sec- tion of the code, the recommendation to eliminate the leasing clause and the petition to permit relatives in one (Continued on page 8) Loew's Blames K.C. Theatres for Cuts Loew's yesterday attributed the price war in Kansas City to neighborhood houses in that city. A Loew executive stated that Loew's Midland was forced to cut its prices after neighborhood theatres adopted dual bills and give- away policies. The Loew official declared that the recently adopted policies in the neigh- borhood hurt business at the down- (Continued on page 8) Fox Met Plan Calls For Sale May 1, 9 36 One of the provisions of the pro- posed reorganization plans for Fox Metropolitan Playhouses being drawn by the bondholders' protective commit- tee will provide for sale of the circuit after May 1, 1936, Motion Picture Daily learns. The entire revamped (Continued on page 3) No Paper Tomorrow Motion Picture Daily will not nublish tomorrow, which is Thanksgiving Day and a legal holiday. 2 MOTION PICTURE DAILY Wednesday, November 28, 1934 Insiders' Outlook CoLLUSION, friendly p?e-holiday style, lurked among the typewriters yesterday what with this column going into a one-time merger, at least, with "Asides and Interludes," weekly department conducted by James P. Cunningham in the neigh- borly Motion Picture Herald. The collaborative effort, emerg- ing as "What They Are Thankful for on Thanksgiving," stacks up something like this: MOTION PICTURE DAILY (Registered U. S. Patent Office) Vol. 36 November 28, 1934 No. 127 Martin Quigley Editor-in-Chief and Publisher EBj MAURICE KANN mba 12*71 Editor iSiZM JAMES A. CRON HImH Advertising Manager — — Published daily except Sunday and holi- days by Motion Picture Daily, Inc., sub sidiary of Quigley Publications, Inc., Martin Quigley, President; Colvin Brown, Vice-President and Treasurer. Publication Office: 1790 Broadway, New- York. Telephone Circle 7-3100. Cable ad- dress "Quigpubco, New York." All con- tents copyrighted 1934 by Motion Picture Daily, Inc. Address all correspondence to the New York Office. Other Quigley pub- lications: MOTION PICTURE HERALD, BETTER THEATRES, THE MOTION PICTURE ALMANAC and THE CHI- CAGOAN. Hollywood Bureau: Postal Union Life Building, Vine and Yucca Streets, Victor M. Shapiro, Manager; Chicago Bureau: 407 South Dearborn Street, Edwin S. Clif- ford, Manager; London Bureau: Remo House, 310 Regent St., London, W. 1, Bruce Allan, Representative. Cable address: "Quigpubco, London"; Berlin Bureau: Berlin - Tempelhof , Kaiserin - Augustastrasse 28, Joachim K. Rutenbery, Representative; Paris Bureau: 19, Rue de la Cour-des- Noues, Pierre Autre, Representative; Rome Bureau: Viale Gorizia, Vittorio Malpassuti, Representative; Sydney Bureau: 102 Sus- sex Street, Cliff Holt, Representative; Mex- ico City Bureau: Apartado 269, James Lockhart, Representative; Glasgow Bureau:' 86 Dundrennan Road, G. Holmes, Repre- sentative; Budapest Bureau: 3, Kaplar-u, Budapest, II, Endre Hevesi, Representa- tive; Moscow Bureau: Civtzev Vrazhek. N. 25, Apart. 146, Moscow, U. S. S. R., Bella Kashin, Representative. Cable ad- dress: "Samrod, Moscow." Entered as second class matter, January 4, 1926, at the Post Office at New York City, N. Y., under Act of March 3, 1879. Subscription rates per year: $6 in the Americas, except Canada $15 and foreign $12. Single copies: 10 cents. Hays Office Men to Attend Crime Talks Washington, Nov. 27. — With ac- ceptances of invitations to attend the Attorney General's conference on crime coming in in large numbers, indications are that the largest audi- torium in Washington will be re- quired for the sessions to be held Dec. 10 to 13. Names of those who have thus far signified their intention of attending were made public today by the De- partment of Justice. The list includes Carl E. Milliken, Charles C. Petti- john and Gabriel L. Hess of the Hays office. Among the organizations which will be represented are the three broadcast- ing chains, the National Congress of Parents and Teachers, National Edu- cation Ass'n, a number of religious groups and newspapers and press as- sociations. D. E. Griffith Arrives D. E. Griffith, managing director of First National Film Distributors, Ltd., Warners British distributing subsid- iary, arrived yesterday on the Olym- pic with Mrs. Griffith. While here he will confer with J. S. Hummel, general foreign sales manager. He will be here two or three weeks. Ampa Meeting for Today There will be a meeting of the Ampa today at the M. P. Club at 12:45 o'clock. Sam Goldwyn — Eddie Cantor. Rubinofk — Eddie Cantor. Anna Sten — Sam Goldwyn. Busby Berkeley — Ditto. Al Lichtman — Ditto. Al Kaufman — Mae West. Mae West — Boris Petroff. Will Hays — ? Ed Kuykendall — Dave Palfrey- man. Adolph Zukor — End of the Para- mount bankruptcy. Leslie Thompson — Nate Blum- berg. Nate Blumberg — Vera, Lewis and Dodo. Merle Oberon — Joe Schenck. Joe Schenck — Darryl Zanuck. Darryl Zanuck — "The House of Rothschild." Frank Orsatti — Louis B. Mayer. Louis B. Mayer — Irving Thalberg. Sam Marx — Ditto. Irving Thalberg — "The Barretts." Tallulah BankheaD' — "Jock" Whitney. T James R. Grainger — Mrs. G.'s re- covery. Ed Schiller — Abram F. Myers. Arch Selwyn — Harold B. Frank- lin. Harold B. Franklin — Erpi. Ben Hecht, Charles MacAr- thur, Earle W. Hammons — Erpi. Bill Fox — Tri-Again. Joe Breen- — Legion of Decency. Charles W. Bunn — Service charges. Charles L. O'Reilly — Candy ma- chines. Joe Penner — Ducks. Sidney Samuelson — Allied. George Schaefer — Manny Cohen. Arthur Ungar — Billy Wilkerson. Billy Wilkerson — Trocadero and Vendome. Lynn Farnol — Donahue and Coe. Eddie Churchill — The Music Hall account. Jack Cohn — Harry. Harry Cohn — "One Night of Love." Jean Harlow — Legion of Decency. ▼ Merian Cooper — Katharine Hep- burn. Ray Johnston — Double features. Eddie Golden — Ditto. Bob Kane — Sidney Kent. Sidney Kent — Chase National. Jeff Bernerd — That 7y2 year con- tract. Arthur Lee — The Ostrers. S. Charles Einfeld — Stanley Shu- ford. Ed Hatrick— Edwin C. Hill. Laurence Stallings — Truman Talley. Truman Talley — "The First World War." Doctors — Carl Laemmle, Jr. Carl Laemmle, Jr. — Sr. Carl Laemmle, Sr. — "Imitation of Life." Howard Cullman — The Roxy. Harry Arthur — Fanchon and Marco. Dave Sarnoff — J. R. McDonough. J. R. McDonough — "The Invisi- ble Man." T Roxy — The Mastbaum, Philadel- phia. Upton Sinclair — Charlie Petti- john. Charlie Pettijohn — The Demo- cratic Administration. John Otterson — The U. S. Su- preme Court. H. G. Knox— Ditto. Herbert Marshall — Gloria Swan- son. Gloria Swanson — Herbert Mar- shall. Bob Gillham— A. O. Dillenbeck. Hal Horne— Joe Miller (and his book). Johnny Weismuller— Edgar Rice Burroughs. Milton C. Weisman— The I T O. A. George McL. Baynes — Broadway plays. Howard Dietz— Si Seadler. Si Seadler — His boy's gags. Hortense Schorr— "The Captain Hates the Sea." Martin Starr— Those beauty pag- eants. Dave Blum— Arthur M. Loew. Herb Yates— "Frankie and John- nie." Walter READE-^That Sid Kent tore up the Mayfair contract. Harry Goetz — "The Count of Monte Cristo." Felix Feist — For pictures that meet release dates. Y. Frank Freeman— S. A. Lynch. S. A. Lynch — Southern Enter- prises. Harry M. Warner— William Ran- dolph Hearst. Albert Warner— Grad Sears and Andy Smith. Jack Warner— Marion Davies. Louella Parsons — Ditto. Charlie Moskowitz — Gardenias. David Loew— Marcus Loew. Leopold Friedman— Bachelorhood. N. L. Manheim, John Hicks, Joe Seidelman, Clayt Shee- han, Arthur Kelly, Mort Spring, Phil Reisman and Sam Morris — Foreign exchange. John D. Clark — Paramount stock. Tony Muto — Sol Rosenblatt. Sol Rosenblatt— Nathan Burkan. Bill Jaffe — Ditto. ▼ J. J. McCarthy — High-necked gowns. Carl E. Milliken — Women's clubs. Ben Schulberg — "Behold Mv Wife." Sylvia Sidney — Sidney Kjngsley. Jimmy Durante — Nosegay. Billy Ferguson — The King of Beasts. Paul Gulick— WOR. Fred Warren— Walter Chrysler, Jr. W. G. Van Schmus — John D., Jr. Skip Weshner — Joe Bernhard. Joe Bernhard — Higher grosses. Spyros Skouras — That, impend- ing 10-year contract. Charles Skouras — Referee Mc- Nabb. George Skouras — Fox Metropoli- tan. George Brent — Garbo. Garbo — "Wtoody" Van Dyke. T Milton Diamond — American Tri- Ergon. Hirsch, Newman, Reass and Becker — Ditto. Charles Neave — Ditto again. Ward, Crosby and Neal — Ditto once more. Kenyon and Kenyon — Still an- other ditto. Hughes, Schurman and Dwight — A.T.-E. ; also Fox West Coast. Ruth Chatterton — "Lux Pro- gram of the Air." Mike Simmons — "The Bowery." Charles Richardson, Eugene Leake, Charles D. Hilles — The Paramount bankruptcy. (Continued on page 3) Eastman Shows Loss on Big Board Net High Low Close Change Sales Columbia Pictures, vtc 3S'A 38 38 — 'A 1,300 Consolidated Film Industries i%. 3% 3% 300 Consolidated Film Industries, pfd 17% 17% 17% + Vk 700 Eastman Kodak 116 115 115 —VA 700 Eastman Kodak, pfd 142 142 142 — 'A 2.000 Fox Film "A" 13"4 13 1PA — % 1,800 Loew's. Inc 35 34J4 34% — 'A 6,600 Loew's. Inc.. pfd 1035-4 103 10354 +154 400 Paramount Publix 3% 3 354 — % 17,700 Pathe Exchange VA 1 VA 1,600 Pathe Exchange "A" 1454 1354 1354 — 54 2,100 RKO VA VA VA — 54 1.200 Warner Bros 4% 454 454 — % 2,500 Technicolor Lone Curb Issue Net High Low Close Change Sales Technicolor 12% 12% 12% 100 RKO Bonds Show Point Rise Net High Low Close Change Sales General Theatre Equipment 6s '40 1054 9% 9% — % 13 General Theatre Equipment 6s '40. ctf 8% 8% 8% —154 3 Loew's 6s '41, ww deb rights 104 103% 104 + % 10 Paramount Broadway 554s '51 4154 4154 4154 + % 5 Paramount F. L, 6s '47 S9J4 58 58 —VA 19 Paramount Publix 554s '50 59 58 58 —VA 38 Pathe 7s '37, ww 99% 99% 99% — % 2 RKO 6s '41, pp 33 33 33 +1 2 Warner Bros. 6s '39, wd 5954 59 59% 16 Wednesday, November 28. 1934 MOTION PICTURE DAILY 3 Insider^ Outlook (.Continued from paqe 2) Cecil B. De Mille — Manny Cohen. Manny Cohen — George Schaefer, etc., etc. Sam Katz — Nick Schenck. Nick Schenck — Only one com- pany to run. John Flinn — The code. Norman Krasna — "Small Mir- acle." Walt Disney — Mickey Mouse. Krazy Kat — Ditto. ▼ Harry Thomas — Nick Ludington. W illiam Fiske and John Curtis. John Curtis — Nick Ludington. Dick Watts — The Soviet. The Soviet — Dick Watts and An- dre Sennwald. Herschel Stuart — Jack Cohn's trip to Europe. Abe Waxman — The Gaumont in- vasion. Nate Sping.^ld — A chauffeur who is patient. Mary Pickford, Douglas Fair- banks— An attentive press. Al Wilkie — A sound stomach. R. E. Anderson — Wide Range. Vincent Hart— Production in the East. Jules Levy — Comfortable Pull- mans. Maurice McKenzie — A pipe with a long life. Bob Rubin — That Wrarners didn't buy Fox Met. Western Electric — Erpi. ▼ S. Barrett McCormick — Bob Sisk. John A. Dowd — Ditto. Bob Sisk — J. R. McDonough. Root, Clark, Buckner and Bal- lantine; Saul Rogers and Samuel Zirn — The Paramount bankruptcy. Helen Morgan — Pianos. Binc Crosby — Rudy Vallee. Jesse Lasky — "The White Pa- rade." Victor McLaglen — Eddie Lowe. Eddie Lowe — Victor McLaglen. Walter Wanger — Gullible press. John Considine — "Sequoia." Pan Berman — "The Gay Di- vorcee." Ben Berinstein — I. T. O. A. Southern California. Phil Goldstone — Metro. Actors' Guild — Equity. Equity — Actors' Guild. Sol Wurtzel — Will Rogers. T Sol Lesser — Harold Bell Wright. Jimmy Cagney — Pat O'Brien. Sid Grauman — Fanchon and Marco. Al Jolson — Ruby Keeler. Maurice Chevalier — Kay Francis. Barnum — -Bailey. Potash — Perlmutter. Selznick — Joyce. John Zanft — Winnie Sheehan. Mike Levee — The Warners. Constance Bennett - — Constance Bennett. Joe Stern — Josef Von Sternberg. Arthur Hornblow — Bundling. Agents — Other agents' clients. Fan Magazines — Jack (Hays) Lewis. K A N N Hal Home Returns Hal Home, advertising and pub- licity chief for United Artists, re- turned to New York from Hollywood yesterday. While there, he laid ex- ploitation plans for "Mighty Barnum." Coast Production In Slight Decline (Continued from page 1) fore the cameras. Eighteen features and 10 shorts will go into work within two weeks and 29 features and 20 shorts are ensconced in the cutting room. Paramount leads on features with seven shooting, three preparing and none in the cutting room. Warners have six, two and six ; Universal five, zero and three : Columbia four, two and three ; Fox three, four and five ; 20th Century one, zero and one ; Radio zero, three and four. The in- dependent division has six, four and seven. Fawcett to Continue Latest Acquisitions Colonel Roscoe Fawcett, head of Fawcett Publications, who recently purchased Motion Picture and Classic to add to his list of fan magazines said yesterday that he had no definite publication plans other than to carry on in line with his present policies. He now controls six fan magazines. No merger of any of the books is planned, Fawcett also said. Fox Met Plan Calls For Sale May 1, '36 (Continued from page 1) plan will be submitted to the court on Dec. 12 for aoproval. Contracts between the bondholders' committee and Randforce and Skouras, which provide for operation until May 1, 1936, are now being drawn and will be presented to George Skouras and Louis Frisch and Sam Rinzler within the next few days for signatures. If the independent operators agree to the terms of the one and one-half year pacts, the court will be asked to ap- prove them. Flash Reviews The Marines Are Coming — . . . lack of story originality keeps this one in the average column. Men of the Night — . . . fast-mov- ing, suspenseful crook melodrama . . . which ought to do nicely at neighborhoods. . . . These films will be received in full in a later issue of Motion Picture Daily. Many Executives on Road or About to Go Some of the industry executives either traveling or expected to hit the Pullmans and book passage on steam- ship lines are : Jack Cohn, vice-president of Colum- bia, left for the coast yesterday on a short trip. Last week he returned from a month's tour of foreign exchanges. George Weeks, general sales man- ager of Gaumont British, was in Chi- cago yesterday and returns to New York Monday. Sam Glaser, United Artists branch manager at Toronto, is in town con- ferring with home office executives. He expects to leave for home on Sat- urday. A. H. Schwartz returned yesterday from Lake Placid after a month's vacation. E. M. Saunders of M-G-M is in Kansas City. Harry Gold, eastern division man- ager for U. A., was in New Orleans yesterday and is in Charlotte today. Joseph Seidelman, Columbia foreign head, sails for Europe some time in January. Joseph M. Schenck left for the coast Monday afternoon. Nicholas M. Schenck doesn't intend to return from his trip to the studios until after the first of the year. Arthur W. Kelly, in charge of for- eign activities, arrives in Los Angeles from Tokyo on Dec. 7. Charles L. O'Reilly returned from a two-day visit to Washington last night. J. Arthur Hirsch arrived from To- ronto yesterday. He operates the Con- solidated theatre chain in Canada. Stage Gains; Hits at 75%, Survey Reveals (Continued from page 1) Along," "Lost Horizons," "Personal Appearance," "Within the Gates," "The Farmer Takes a Wife," "Life Begins at 8:40," "The Great Waltz," "Continental Varieties" and "Con- versation Piece." Sales Tax for N. Y. Is Seen as Certain (Continued from page 1) receipts of utilities. There have been predictions that this would cause rate rises in gas and electricity, but this is something for the future to de- velop. Allied Says M-G-M Leads Percentages (Continued from paqe 1) second, Warners third and Paramount, Columbia, RKO, Universal and United Artists next in the order listed. Voting on the basis of 24 members present, 20 declared that they had bought M-G-M on percentage. None listed the company on a fiat rental contract. Exactly 13 companies, major and independent, were listed. On flat rental deals, Universal led With Hollywood and Capital exchange tied for second. Irving Dollinger, who acted as chairman of the meeting, also is chair- man of the survey committee. Jack Unger of Hillside also is on the com- mittee. A report of selling will be made every week so that the members can learn of any changes in distrib- utors' plans. No names or theatres are attached to the individual reports at the meetings. Lou Levin will be chairman next Tuesday. Louis Gold, chairman of the sub- stitutions committee; H. Block, sub- stituting for Jack Keil, chairman of the release date committee, handed in reports. The former committee is to guide exhibitors in bookings and the latter committee is to give members an opportunity to cancel within 14 days after release date in conformance with the code. Performance of pictures at first runs was also discussed so that exhibitors can be guided in future bookings. ITOA FauVto Act On Joining Allied The ITOA will not take any action today on plans to affiliate with Allied. At the regular meeting of the New York independent unit, Leon Rosen- blatt, chairman of the national organ- ization committee, will report that he held preliminary conferences with Sid- ney E. Samuelson, president of Allied, yesterday, but the matter was not gone into in detail. Further meetings be- tween Rosenblatt and Samuelson will take place before a definite decision is reached by the ITOA. Tarbell Confers Here Edward Tarbell, executive secretary of Allied of New York, yesterday attended a special meeting of several upstate members with Sidney Sam- uelson, president of the national or- ganization. He leaves for Albany today. Harris Burial Today San Francisco, Nov. 27. — Funeral services for Sam Harris, prominent western showman who died here yes- terday, will draw theatre men from all over California and the west to this city tomorrow. Hundreds of floral pieces and messages of sympathy are being received by the family. Rites for J. L. Shannon St. Louis, Nov. 27. — Funeral ser- vices will be held tomorrow for James L. Shannon, 66, one of the founders of the Empress Theatre. He died last Sunday after having been ill for about 10 years. Special Retains H. O. C. J. Hirliman states that Special Screen Service has given up its branch at 630 Ninth Ave., but still retains its home office at 120 W. 41st St. Looking 'Em Over ''Dealers in Death" ( Topical Films) Clean-cut propaganda against war with many telling pictures to bear out remarks made by narrator Basil Ruysdael. Actual pictures of battle- field killings, production of ammunitions in foreign factories, treaties and armistices being signed and additional drama that has played a vital part in past wars are vividly revealed. The main point this compilation of historic films tends to bring out is that war is for the benefit of munitions dealers. It is stated that every death on the battlefield cost $25,000 and there were 20,000,000 such kill- ings in the last war. There is no mincing of words in trying to bring out the purpose and effects of war. It is one of the best propaganda films of its kind. Produced by Monroe Shaff, Professor Walter B. Pitkin acted as edi- torial advisor and Burnet Hershey wrote the story. No code seal when caught last night. Running time, 68 minutes. "A." ARY MUSICAL1 VRS-AND. STRIPES EAUTY OF "GOLD E COMES THE NAVY" i ny in thrilling battle maneuvers on land, sea and air — filmed rial cooperation of the War Department! I the scenes of cadet life at West Point — shot on the spot >le Cadet Corps as supporting cast! and Ruby's 3 new song hits. — Roar at Pat's wisecracks. t YOUR SENSES to the spell of hundreds of exotic dancing ic Hawaiian love rites! t YOUR HEART to the most exciting love story ever told by Ringing Sweethearts! . . . The Vast Cast Headed by i WELL* RUBY KEELER * PAT O'BRIEN tbers staged by the "Ziegfeld Follies" director, BOBBY CONNOLLY A FRANK BORZAGE PRODUCTION A First National Picture JL \ JL r-V . (if i, i t-A $w f m iif i *» *4 » im * «% • WHO WILL BE WHO AT THE OX OFFICE IN 1935? The Ten Biggest Money-Making Stars of 1933-34 in qp; The independent exhibitors have voted in the annual poll of the biggest box off ice stars of the show year of 1 933-34. The returns and analysis of the poll will be the exhibitors ' best indication of who will be who at the box office of 1935. MOTION PICTURE HERALD 8 MOTION PICTURE DAILY Wednesday, November 28, 1934 Para. Board Quits Today For New Deal (Continued from paije 1) plan will be undertaken following to- day's board meeting and actual filing of the plan with the court will be through the new board on Friday with that body's recommendation for its acceptance by the court. A speedy reorganization of Para- mount thereafter is indicated, as every important bondholder, stockholder and creditor group is now in support of the plan, thus eliminating all sources of objection and delay of any moment. Several of the independent bondholder groups, notably those represented by Samuel Zirn and Robert Szold, have not yet subscribed to the plan but those who have represent, both in number and amount of qualified claims, the great majority of Paramount's obli- gations and their approval is expected to carry the deciding weight with the court. May Be Approved Before Jan. 1 If the plan lacked the support of any of the essential creditor groups, delays in putting it into effect might run into months. According to the present creditor lineup, however, a possibility is given to its final ap- proval by the court before Jan. 1. Of the initial members of the new board, Vanderlip and Klein represent the bondholders' protective commit- tee. Vanderlip is a banker and di- rector of numerous corporations. Klein, a business consultant, was as- sistant secretary of commerce in the Hoover administration and held many posts with the Department of Com- merce. Johnston and Davison repre- sent the Paramount creditor bank group. Johnston is president of the Chemical Bank & Trust Co. and Dav- ison is chairman of the board of the Central Hanover Bank & Trust Co. Newton and Brooks represent the stockholders' protective committee. Newton is an executive of Hallgarten & Co. and Brooks is an executive of E. F. Hutton & Co. Additions to the board to be made in the near future may include Charles A. McCulloch of Chicago, a director of Balaban & Katz, First National Bank of Chicago and numerous other large corporations, McCulloch, a busi- ness associate of John D. Hertz, would represent the First National and the Continental Illinois Bank & Trust Co., two of the Paramount creditor banks with an equity of ap- proximately $2,000,000 in the new company. Duncan Harris, realtor, of Brown, Wheelock, Harris & Co., may be an- other addition as a representative of the bondholders' committee. His real estate experience is regarded in re- organization circles as of special value to the new company. William Greve, vice chairman of Realty As- sociates, is insisting on representation on the board for Allied Owners, a subsidiary of Realty, and indications are that Louis J. Horowitz, who served as trustee in bankruptcy for Paramount for a brief period, may be approved for this representation. The Paramount plan authorizes a full board of 16, but present plans call for a working membership of about 12. Deficiency on the board of men with actual film experience may be overcome, it is said, by the appoint- ment of an executive advisory council, probably headed by Schaefer and Cohen, which would work in close harmony with the board. Levy Gives Family Type 6 Months More (Continued from patie 1) with audiences in the hinterlands, but of doubtful appeal in the east, accord- ing to Jules Levy, Radio general sales manager, just back from a studio visit and a tour of the company's exchanges. Radio has two new contributions to the cycle in "Anne of Green Ga- bles" and "Little Minister." From ob- servations of early performances of the first, and the same type of produc- tion from other companies. Levy pre- dicts a minimum of another six months of box-office popularity for the cycle. Musicals rank with the new type of family entertainment in audi- ence interest today, Levy found. Philadelphia IEPA Acts on Clearance (Continued from pane 1) by appointing a committee to study the situation. An advance story indicating that the independents would take this ac- tion was published in Motion Pic- ture Daily Monday. Feel Effect of Strike Los Angeles, Nov. 27. — Loew's State business suffered last night when street car strikers staged a riot near it. Other downtown houses reported slight losses due to the walkout, with neighborhoods profiting. Roach Stops in K. C. Kansas City, Nov. 27. — Hal Roach is an overnight visitor here. He is en route to New York. Loew's Blames K.C. Theatres for Cuts (Continued from par/e 1 ) town house to such an extent that the reduction in admission at the Mid- land was virtually forced upon the cir- cuit. Advices from Kansas City to the effect that a boycott was threatened against United Artists and M-G-M are news to home offices of the two companies. Edward M. Saunders, western division manager for M-G-M, is in Kansas City and it is believed he is in constant touch with the situa- tion. Felix Feist is on the coast. At United Artists both Al Licht- man, vice-president and general sales manager, and Paul Lazarus, western division manager, denied having re- ceived any protests from Kansas City exhibitors. One official of the company said that Loew's in playing "Kid Mil- lions" was doing so on an old fran- chise which did not provide for a stip- ulated admission and hence there could be no breach of contract by the Mid- land when it reduced its price. Boycott Up to Fox Midwest Kansas City, Nov. 27. — Launch- ing of Independent Theatre Owners Ass'n. boycott against M-G-M and United Artists hinges largely on sup- port from Fox Midwest and exhibi- tors in the territory, said Jay Means, president, today. Means revealed that the I.T.O. committee is seeking acceptance of the plan by theatres in the territory, as the local price war affects a 100- mile radius around Kansas City. Fox Midwest strenuously protested Loew's price cuts to M-G-M and United Artists. Johnston Takes on Two Campi Hearings W. Ray Johnston doubled in brass at the Code Authority yesterday. As soon as he completed his task on one of the Campi boards, he immediately took up the post as chairman of a special appeal committee which was due to hear four Pittsburgh cases. With Harry Hecht and A. J. Mertz he heard the appeals. They are: Harry and Ike Browarsky, Belle- vue, Bellevue, Pa., against Warners' Kenyon, Pittsburgh and Garden, Pitts- burgh, on clearance. Harry Browar- sky and his attorney, M. Leon Toloch- ko, acted for the plaintiffs, while I. Levinson, who hurried in from Phila- delphia to attend, defended Warners. Ike, Browarsky, Hippdrome, Pitts- burgh, against Harry Kalmine, repre- senting Warners' Kenyon, same city, on clearance. E. J. Golden, Golden, Pittsburgh, against Center Vue Amusement Corp., Paramount, Warners. U. A., Colum- bia, Universal, RKO and Granada, same city on reduced admissions. H. B. Seigel, Princess, Erie, Pa., against Palace, same city, on pre- mature advertising. Band at Strand Opening A parade followed by a concert of an American Legion band from Col- umbus Circle to the Strand, starting at 7 :30 and continuing to 9 :30 will be one of the features of the opening of "Flirtation Walk" tonight. Kent Sails Today London, Nov. 27. — Sidney R. Kent, Fox president, sails for New York aboard the Berengaria today. Farnswor th Sees No Wide Code Revision (Continued from pane 1) studio to work for another company With the exception of these amend- ments, no revisions are in sight. Farnsworth is the only deputy ad- ministrator working under Compli- ance Director Sol A. Rosenblatt, who now has 1,500 people under him in his new post. Rosenblatt has charge of field administration and enforcement of all codes. He also is liaison be- tween the NRA and the Department of Justice, Farnsworth said. He left last night for Washington after at- tending a Campi meeting. Meanwhile Code Authority experts are working on an annual survey of activities of the 62 code boards throughout the country. Campi forces have been working on the recapitulation for the past three weeks and plan to have it completed by Dec. IS. However, before sending it to Washington, the report will wait until the entire year is covered. The survey will show the number of cases heard by each board and also individual determinations. Also included will be the dates when heard and disposed of. At a meeting of secretaries of all code authorities in New York last week, it was stated that of all thei codes the film draft was working the best. . . Rosenblatt was supposed to take a plane from Washington to the coast yesterday, but because of bad weather was forced to take a train. He may change to a plane in Chicago or Kansas City, depending on flying con- ditions. With 38 appeals to pass on, Campi left the Kansas City clearance and zoning schedule for the next meeting. Dec. 6. It's not definitely decided whether the plan will come up then for disposition. The appeal calendar is up to date now that the 38 cases have been chalked off. Attending yesterday's session were- Harold S. Bareford, Sidney Justin; Farnsworth, Willard McKay, Walter Vincent, Thomas Murray, Tyree Dil- lard, Jr. and W. Ray Johnston. Chadwick and Golden Appear for Perelman Philadelphia, Nov. 27. — I. E Chadwick was the chief witness to- day in the Harry Perelman doubk featuring suit against major distribu- tors, being heard in Federal cour here. The action is for an injunctioi against dual bans in contracts. The producer said independent: make pictures of family calibre, add ing they helped advance screen arti He admitted the majority of exhib itors might not favor doubles bu said the minority should have the right to dual. Edward Golden o Monogram testified sales were beinj checked here by the ban. Dismissal of the case was asked b} Morris Wolf, defense attorney, on th< ground testimony failed to show con spiracy to withhold product from the atres double featuring. He was over ruled. NOW IN ITS THIRD BIG WEEK GAIETY THEATRE, NEW YORK. MUSSOLINI'S $2,000,000 ROMANTIC SPECTACLE A ROAD SHOW PICTURE ENGLISH DIALOGUE (ITALIAN VERSION ALSO AVAILABLE) NOW BOOKING EUREKA PRODUCTIONS, INC 723 Seventh Avenue, Now York City BRy. 9-0545 Motior Picture Industry MOTION PICTURE DAILY Alert, Intelligent the ln< in All Branches OL. 36. NO. 128 NEW YORK, FRIDAY, NOVEMBER 30, 1934 TEN CENTS V Denies Loew Started K. C. Price Slash foe Vogel Asserts RKO Launched the Cuts Charging that RKO walked out on i price agreement when it cut ad- nissions at the Mainstreet from 55 and 35 cents to 40 and 25 cents with a raudeville and picture policy, Joe Vogel states Loew's is not responsible Eor the price war for which it is blamed by Kansas City exhibitors. Vogel explains that some time ago Sam Dembow, representing the New- man; Nate Blumberg, acting for the Mainstreet ; Spyros Skouras, acting Eor the Uptown, and himself for the Midland agreed that prices should be increased so that straight picture bouses would charge 40 cents eve- lings and 25 cents matinees while (Continued on page 6) Allied Warned Not To Get "Panicky" Washington, Nov. 29. — Allied members are urged "against getting panicky" over the Tri-Ergon situation, to await development of the forthcom- ing directors' meeting slated for New Orleans Dec. 11-12 and not to take :itle to their sound equipment pending anther developments, in an organiza- :ion bulletin released here Wednesday. Included in the program of the di- (Continued on page 6) New Buying Combine Reported in South New Orleans, Nov. 29. — Reports Persist that a new buying and booking ■.ombine consisting of independent the- itres in three southern states will be ormed shortly in spite of the asser- ions of theatre executives that they rave no knowledge of such a move, -t is understood the combine, should t materialize, will probably be headed )y a prominent independent theatre nan and will go into aggressive com- petition with existing circuits and co- operatives. Report Favors Offer For Phila. Theatres Philadelphia, Nov. 29. — A favor- able report on Warners' offer of .51,645,000 for the four William Frie- ,aofer and Fred Nixon-Nirdlinger louses was given by William B. Sloan, executor of the Friehofer estate and (Continued on page 6) Earnings Jump Predicted for Big Companies Intake Up 10%, Savings Help, Writer States Larger earnings than at any time in several years are predicted for major film companies during 1934 by the Wall Street Journal. Box-office in- take, in some instances, is running 10 per cent ahead of last year, the paper states, and operating economies with rent reductions add to this increase. Most of the gains are accounted for in the 2\£iddle West and South, where Government expenditures have been heavy, the paper asserts, New York, New Jersey and Pennsylvania lagging behind other sections. Loew's recent report of a net profit (Continued on page 11) "U" Net for Nine Months Is $77,077 Universal Pictures and subsidiary companies report a net profit for nine months ending July 28 of $77,077.61. This is after providing for a non-re- curring loss of $158,608.43, settlement of notes receivable from a theatre company in receivership, and $10,000 for estimated loss on funds in closed banks. The net compares with a loss of $728,747.66 for the same period last year. Suit Filed to Stop Cleveland Dual Bill Cleveland, Nov. 29. — An injunction suit seeking to restrain the Alhambra from showing duals has been filed in (Continued on page 14) Will Rogers was the biggest draw- ing card in America in the 1933-34 season, according to 9,000 indepen- dent exhibitors voting in Motion Picture Herald's "Ten Biggest Money- Making Stars" feature, an annual poll conducted by that publication. Others in the order determined by percentages follow : 2. — Clark Gable. 3. — Janet Gaynor. 4. — Wallace Beery. Just Ducky Louisville, Nov. 29. — Shir- ley Temple has been named a Kentucky colonel on the staff of Gov. Ruby Laffoon. She's the youngest on record. Joe Penner has been like- wise honored. Options Delay Skouras Deal For FWC Pact "Nigger-in-the-woodpile" holding up signatures to the 10-year joint oper- ating contracts offered to Spyros and Charles Skouras on National Theatres Corp. is the annual option arrange- ment provided in the impending agree- ment. The Skourases are objecting to the proposed year-to-year arrangement, which is slated to start Jan. 1, 1935, on the ground that they will not know in advance where they stand in oper- ating the 400-odd theatres for the holding company. The 10-year pact is cancellable every Jan. 1. Prior to Charles' return to the coast about a month ago. the deal was prac- tically set, except for the option clause. Negotiations between the brothers and (Continued on page 6) Schwartz Opposing RKO-Skouras Setup Because of an agreement entered in- to between RKO and Skouras where- by the former waives protection on all product for Skouras theatres in Hemp- stead and Rockville Center, L. I., A. H. Schwartz has filed a protest with exchanges asking that the deal be (Continued on page 6) 5— Mae West. 6. — Joan Crawford. 7. — Bing Crosby. 8. — Shirley Temple. 9. — Marie Dressier. 10. — Norma Shearer. The basis of the poll, as explained by the Herald was this : "It is a story of tickets sold, not opinions ventured, a story of the players writing most of the black ink (Continued on page 6) Para. Changes Put Plan Over To Next Week Old Directors Quit and New Board Starts New revisions in the Paramount Publix reorganization plan undertaken following Wednesday's directors' meet- ing at which members of the old board turned in their resignations to the board of the new company, will again set back formal presentation of the plan to the Federal court until early next week. Estimates made in reorganization quarters late Wednesday held that the necessary changes in and additions to the plan would, largely because of the Thanksgiving holiday, delay its sub- mission to the court until Monday or Tuesday. As exclusively stated in Motion Picture Daily of Wednesday, mem- bers of the old board of directors (Continued on page 14) Vincent for Fewer And Better Films Philadelphia, Nov. 29. — That the industry would be better off if double featuring were eliminated and fewer but better pictures made was asserted by Walter Vincent of the Wilmer & Vincent circuit at the first hearing yesterday of defense witnesses in the Harry Perelman action for a Federal court injunction against dual bans in contracts. "Double features and the 10-cent theatre are a menace to the industry," (Continued on page 14) Estimate Roxy Net Will Top $100,000 Net operating profit for the Roxy for the six months from July 1, 1934, to Jan. 1, 1935, will be between $100,- 000 to $110,000, according to theatre executives. This is after interest on receiver's certificates, taxes, lobby rent and physical improvements, but before fixed charges on outstanding (Continued on page 11) Jersey to Plan New Fight on Dog Races Another meeting of Allied and cir- cuit heads in New Jersey will be held shortly to discuss the move to end dog races in the state. Necessary funds for retaining an attorney have been (Continued on page 6) Vote Rogers Heaviest Draw In Herald's "Ten Biggest" MOTION PICTURE DAILY Friday. November 30. 1934 MOTION PICTURE DAILY (Registered U. S. Patent Office) Vol. 36 November 30, 1934 No. 128 Martin Quigley Editor-in-Chief and Publisher MAURICE KANN Editor JAMES A. CRON Advertising Manager Published daily except Sunday and holi days by Motion Picture Daily, Inc., sub- sidiary of Quigley Publications, Inc.. Martin Quigley, President; Colvin Brown, Vice-President and Treasurer. Publication Office: 1790 Broadway, New York. Telephone Circle 7-3100. Cable ad- dress "Quigpubco, New York." All con- tents copyrighted 1934 by Motion Picture Daily, Inc. Address all correspondence to the New York Office. Other Quigley pub- lications: MOTION PICTURE HERALD, BETTER THEATRES, THE MOTION PICTURE ALMANAC and THE CHI- CAGOAN. Hollywood Bureau: Postal Union Life Building, Vine and Yucca Streets, Victor M. Shapiro, Manager; Chicago Bureau: 407 South Dearborn Street, Edwin S. Clif- ford, Manager; London Bureau: Remo House, 310 Regent St., London, W. 1, Bruce Allan, Representative. Cable address: "Quigpubco, London"; Berlin Bureau: Berlin - Tempelhof , Kaiserin - Augustastrasse 28, Joachim K. Rutenberg, Representative; Paris Bureau: 19, Rue de la Cour-des- Noues, Pierre Autre, Representative; Rome Bureau: Viale Gorizia, Vittorio Malpassuti, Representative; Sydney Bureau: 102 Sus- sex Street, Cliff Holt, Representative; Mex- ico City Bureau: Apartado 269, James Lockhart, Representative; Glasgow Bureau: 86 Dundrennan Road, G. Holmes, Repre- sentative; Budapest Bureau: 3, Kaplar-u, Budapest, II, Endrc Hevesi, Representa- tive; Moscow Bureau: Civtzev Vrazhek. N. 25, Apart. 146, Moscow, U. S. S. R., Bella Kashin, Representative. Cable ad- dress: "Samrod, Moscow." Entered as second class matter, January 4, 1926, at the Post Office at New York City, N. Y., under Act of March 3, 1879. Subscription rates per year: $6 in the Americas, except Canada $15 and foreign $12. Single copies: 10 cents. Long to Edit Magazines Ray Long on Wednesday was made editor of Photoplay and Shadow/flay, recently acquired by the Macfadden Publications. He will divide his time between this city and the coast. Long, who left the magazine field three years ago, was until recently with Fox in a writing and editorial capacity. Kathryn Dougherty, publisher of the magazines, made the appointment. /. T. G. A. Meets Sunday The first meeting of the season of the Jewish Theatrical Guild of Amer- ica will be held Sunday at the Ritz Theatre. George Jessel, first vice- president, will preside in the absence of Eddie Cantor, president. Film Chest Fund Mounts Hollywood, Nov. 29.— Film workers have contributed $77,940 in the current Community Chest drive. This is more than one-third the $225,000 quota set for the industry. Many are doubling their last year's contribution. Cantor Luncheon Guest Eddie Cantor will be guest of honor at a luncheon to be tendered by the Ass'n of Foreign Press Corres- pondents today at the Gotham. He sails tomorrow on the Rex. "Bovary" Held at Acme _ "Madame Bovary," French produc- tion, is in a second week at the Acme. Insiders' Outlook EXACTLY what do the names you read about every day mean at the nation's box-offices ? A horde of exhibitors, independ- ent of producer ownership or affiliation, furnish a telling answer in the current issue of Motion Picture Herald with results surprising and deflating to many Hollywood egos, the basis of the competition being the names of the ten performers whose pictures drew the greatest number of patrons from Septem- ber 1, 1933, to September 1, 1934, and the number of times a specific player was mentioned. It's well worth consideration for the flurry which "The Ten Biggest Money-Makers of 1933-34" in- evitably will let loose and for the wonderment its conclusions will create. . . . T What price beauty now sounds like a pretty good and unanswer- able question where the winner — Will Rogers — is concerned. He came out as head man, topping the sweet, the curvacious and the sexy as represented by Janet Gaynor, Mae West and Joan Crawford, as well as the decora- tive and competent Norma Shearer and the late, lamented Marie Dressier. He ran ahead of the manly, as symbolized by Clark Gable and Wally Beery and sent the national crooning menace, typified by Bing Crosby, down to defeat along with the others. That leaves Shirley Tem- ple, the remaining member of the victorious ten, the only one from whom Will probably will escape professional darts of envy. . . . T Interesting as all of this is and complimentary as it is to the pub- lishing ingenuity of Big Brother Herald, this outpost finds itself particularly intrigued by what happened to all the others from the eleventh rating down the line to the 192nd which marked finis to the poll. For instance, to pick out some highlights only with this roving spotlight, Jimmy Cagney, Lionel Barrymore, Marion Davies, Buck Jones, Freddie March, Kay Francis, Bob Montgomery, Bill Powell and Lee Tracy are the eight names immediately ahead of Garbo, who ended at seventy- three per cent. Immediately ahead of them, in turn, are Katharine Hepburn, Joe E. Brown, Claudette Colbert, Jean Harlow, Eddie Cantor, Dick Powell, George Arliss, Warner Baxter and Wheeler and Wool- sey. . . . ▼ Ken Maynard is two per cent up on Eddie Robinson, who necks and necks it with Myrna Loy at fifty-one per cent, while, in the grouping from forty-nine per cent — nobody earned fifty — to ten appeared fifty players, in- cluding eight co-starring com- binations and these names : Spencer Tracy, Ruby Keeler, Four Marx Brothers, Laurel and Hardy, James Dunn, Al Jolson, Richard Dix, Dick Powell-Ruby Keeler, George Raft, Irene Dunne, Zasu Pitts, Gary Cooper, Randolph Scott, Johnny YVeismuller, John Boles, Jackie Cooper, Sylvia Sid- ney, Jack Holt, Dolores Del Rio, Mar- lene Dietrich, Charles Ruggles, John Barrymore, Charles Farrell, John Wayne, Jack Oakie, Claudette Colbert- Clark Gable, Constance Bennett (nine- teen per cent), Slim Summerville, Clara Bow, Richard Barthelmess, Janet Gay- nor-Charles Farrell, Paul Muni, Lilian Harvey, Barbara Stanwyck, Leslie Howard (surprising), Tim McCoy, Marie Dressier- Wallace Beery, Warren William, Tom Keene, Sally Eilers, Ronald Colman, May Robson, Charles Laughton, Lew Ayres, Helen Hayes (hold on!), Zasu Pitts-Slim Summer- ville, Burns and Allen, Dick Powell- Ginger Rogers, Alice Faye, William Powell-Myrna Loy. T From ten per cent sliding to three, but princely in salary bulk regardless, are thirty-one Universal Gains 2 on Big Board High Low Columbia Pictures, vtc 3854 38 Consolidated Film Industries 35i 35i Consolidated Film Industries, pfd 1754 17}4 Eastman Kodak 114^6 114 Fox Film "A" 1354 1356 Loew's, Inc 35lA 34J4 Loew's Inc., pfd 104 104 Paramount Publix, cts 33i 356 Pathe Exchange V/g 1 Pathe Exchange "A" 14 135^ RKO 134 1*6 Universal Pictures, pfd 35 35 Warner Bros 4fg 454 Net Close Change Sales 3m 3% vVi 114 1354 35 104 3% VA 13Vs 35 454 + 'A >A 54 +2 700 100 900 1,000 600 7,900 500 4,900 600 600 4,700 1.000 2,900 Technicolor Up 1% on Curb as Sales Soar Technicolor Net High Low Close Change Sales . 1454 13 1454 +1VS 6,000 Most Bonds Drop or Stay Unchanged High Low Close General Theatre Equipment 6s '40 954 &7A &7A General Theatre Equipment 6s '40, ctf 854 854 &SA Keith B. F. 6s '46 6454 64 64 Loew's 6s '41, ww deb rights 1045-6 104 104 Paramount Broadway 554s '51 4254 42 42 Paramount F. L. 6s '47 59 5854 5854 Paramount Publix 554s '50 59 58 58 Pathe 7s '37, ww 9956 9956 9956 Warner Bros. 6s '39, wd 5954 5854 5854 Net Change - 54 + 54 - 54 - 54 - 54 Sales 9 10 9 3 16 20 10 1 30 men and women, many of them starred and featured regularly by producing judgment which now may find it wise to readjust values. Note, but also get, some of these : Boris Karloff, Guy Kibbee, Miriam Hopkins, Anna Sten, Tom Mix, Richard Arlen, Harold Lloyd, Franchot Tone, Maurice Chevalier, Lanny Ross, Pat O'Brien, Bette Davis, Hoot Gibson, Fay Wray, Carole Lombard, Jan Kiepura, Cary Grant, Edmund Lowe, Claire Trevor, Buster Crabbe, Mary Pickford, Jimmy Durante, Rudy Vallee, Ralph Bellamy, Frances Dee, Doug Fairbanks, Jr., Jean Parker, Max Baer, Edna May Oliver, Gene Raymond and Gloria Stuart. The story goes further. Orbs may distend and no wonder over the monickers — alphabetic, this time — which make up the three per centers : Bruce Cabot, Walter Connolly, Frankie Darro, Madge Evans, Glenda Farrell, Walter Huston, Hal LeRoy, Paul Lukas, Chester Morris, Marion Nixon Warner Oland, Claude Rains, Bob Steele, Diana Wynyard and Loretta Young. And the two per centers, tell- ing a story all their own : Robert Armstrong, Fred Astaire, Ruth Chatterton, Stuart Erwin, Victor Jory, Otto Kruger, Elissa Landi. Baby Leroy, Victor McLaglen, Joel McCrea, Adolphe Menjou, Jack Pearl, Luis Trenker, Evelyn Venable, H. B. War- ner and Robert Young. Carrying the unmasking to finality and complete debunking, forty-three others earned the dubious honor of one per cent, no more, no less. Here goes on them : Judith Allen, Roscoe Ates, Rex Bell, Joan Bennett, Alice Brady, El Brendel, George Brent, Mary Brian, Clice Brook, Kitty Carlisle, Mary Carlisle, Leo Car- rillo, Nancy Carroll, Henrietta Cros- man, Andy Devine, Cliff Edwards, Douglas Fairbanks, Sidney Fox, William Gargan, Wynne Gibson, James Gleason, Neil Hamilton, Phil Harris, Charlotte Henry, Hugh Herbert, Edw. Everett Horton, Jack Hoxie, Pert Kelton, Francis Lederer, Jeanette MacDonald, Herbert Marshall, Frank McHugh, Jean Muir, Herbert Mundin, Ramon Novarro, "Pat" Paterson, Roger Pryor, Chic Sale, Ann Sothern, Ned Sparks, Lewis Stone, Kent Taylor and Dorothea Wieck. That's all there is, except to point out that Hollywood and its employers might do worse than forgetting each other and each other's empires sufficiently long to heed what the theatre industry now tells them. The social impli- cations herein and their bearing on the coast's elite are something else again. You can't tell where all this might go. If right, sup- ported by the might of these per- centages, holds forth it would mean Constance Bennett at nine- teen per cent giving up her sceptre to the Four Marx Men at forty-three. Hollywood has been cannonaded on flimsier ex- cuse. . . . KANN Korda Signs Directors London, Nov. 29. — Alexander Korda, production head of London Films, has just signed two more direc- tors— Rene Clair to direct "Sir Tris- tram Goes West" and Anthony As- quith to do "The Reign of King George V." JAMES DUNN Produced by Sol M. Wurtzel Directed by David Butler. Screen play by William Conselman. Story by David Butler and Edwin Burke f0 RELEASED DECEMBER 28th-YOUR YEAR' 0 By far Shirley Temple's most appealing picture . . . brimming with happiness, excitement, romance, tenderness. 0 Showing America's darling as the tiny mascot of a big airport . . . the pal of every flier . . . and the particular buddy of one pilot who becomes her Daddy when her parents go to Heaven. £ An exploitation title with an exploitation star . . . and perfect entertainment for every family in the land! BIGGEST MOTION PICTURE DAILY Friday, November 30. 1934 i Purely Personal ► DAVID LOEW will see to it that when he plays golf in Hollywood the ball doesn't go near the M-G-M studios. Loew never visits the studios when he goes to the coast, he says, and intends to keep the rule on his next trip late in January. Arthur Mayer, Herb Cruik- shank, John Clark, Charlie Mc- Carthy, Jack Ellis, Bernie Sobol, Irving Hoffman, Harold B. Frank- lin and Martin Beck among those lunching, pre-Thanksgiving Day style, at Sardi's Wednesday. Katharine Hepburn, "The Little Minister" finished at Radio, arrived yesterday from the coast. She will re- main east two weeks. The star spent Thanksgiving with her family in Hartford, Conn. Helen Schorr, secretary to Burns and Allen, leaves with them on the Century today for California, where they will remain for about five months. Burns and Allen are scheduled to make several pictures for Paramount. Rosita Moreno has been engaged by Paramount to play opposite Carlos Gardel in "Undying Love," a Spanish-language production to be made at the Eastern Service Studios in Astoria. Bert Sanford, Erpi eastern division sales manager ; Robert Horne, his as- sistant, and Bill Murphy, N. Y. salesman, have become members of the Erpi five-year club. Herbie Holmes, winner of a "Kid Millions" audition contest over sta- tion WMC, Memphis, was in town Wednesday as a guest of United Artists. Harry Browarsky, operating the Bellevue, Bellevue, and Hippodrome, Pittsburgh, left yesterday on the Verago for a southern cruise. He'll be away a couple of weeks. Phil Stong has sold his new novel, "The Village," to Radio. John Robertson has been assigned to the direction of the picture. Fred Kohlmar, production assistant to Samuel Goldwyn, has returned to the home office following conferences with the producer. Arthur C. Bromberg, who distrib- utes Monogram pictures in the south, is in town with Senator Arthur Go- mez of Florida. Rubinoff will conduct the Cincin- nati Symphony Orchestra there at a benefit performance on Dec. 8. Frank B. Elser and Marc Con- nelly's stage hit, "The Farmer Takes a Wife," has been bought by Fox. Leo Justin has gone to Philadel- phia for the week-end. He'll be back Monday. Al Santell, back from London and the battle of Toeplitz, has checked in- to the Lombardy. Vote Rogers Heaviest Draw In Herald's "Ten Biggest 99 (Continued from page 1) into the theatre owner's books, not of the screen personalities appealing to the exhibitor personallly, though the results doubtless bespeak that majority preference also." The vote is essentially an indepen- dent exhibitor verdict of player draw- ing power among audiences at indepen- dent theatres. The Herald explains the ballots were limited to showmen without producer or distributor affilia- tions, direct or indirect. Rogers, now No. 1 man, stood sixth in the final vote for the 1931-32 season and second among the men for that year. In 1932-33, he ranked second to the winner and first among the men. This time, he leads all in both sexes. Final standings were determined by the total number of times a player was mentioned, regardless of that player's relative specific position among the 10 nominations. The determining ques- tion included in each ballot was : "Please list me 10 players whose pic- tures drew the greatest number of patrons to your theatre from Sept. 1, 1933, to Sept. 1, 1934." More Receive Mention A wider divertissement of player representation in the current poll also made itself apparent in that 208 rated mention as against 163 in 1932-33. In point of company alignment, M-G-M emerged first with five : Joan Crawford, Norma Shearer, Clark Ga- ble and Wallace Beery and the late Marie Dressier. Paramount had two. Mae West and Bing Crosby ; Fox, two, Will Rogers and Janet Gaynor. Shirley Temple, criss-crossing be- tween Paramount and Fox, properly may be claimed by both. In the classification immediately be- low "The Ten Biggest," Katharine Hepburn came first with a rating of 278 per cent, or 12 per cent below Miss Shearer. Indicative of the dif- ference in the percentages is the fact that Rogers, the winner, ended at 726 per cent. Ninety-seven players ranged from the Hepburn rating to 11 players in the four per cent brackets. Fifteen rate three per cent each ; 16, two per cent each and 43, one per cent each. Options Delay Skouras Deal For FWC Pact (Continued from page 1) Herman G. Place, vice-president of Chase National Bank, have been go- ing on for some time. It now appears that S. R. Kent, president of Fox and National, will have to straighten out the disputed point upon his return from England next week. Charles Skouras expects to return to the coast in two weeks, and when he leaves he will most likely have af- fixed his signature to the agreement now in dispute. Denies Loew Started K. C. Price Slash Fred Quimby Is Due Fred Quimby, short subject sales manager for M-G-M, arrives from Hollywood tomorrow after conferring with studio executives on production. Felix F. Feist, general sales mana- ger, returns the latter part of next week. Arthur Loew, foreign head, arrives Dec. 24 from Paris on the He de France. Jersey to Plan New Fight on Dog Races (Continued from page 1) pledged and counsel will be engaged within the next week or so. Pari-mutuel betting in New Jersey has been declared unconstitutional and now exhibitors are going to the Su preme Court for affirmation of the lower court's decision. Journal Adds Previews Hollywood, Nov. 29.— The Wall Street Journal has established a pic ture preview section and has appointed Harold Barham, son of Dr. Frank Barham, part owner of the Herald Express, to the reviewing post. Mike Marco on Coast Hollywood, Nov. 29. — Mike Marco arrived by plane from New York and Chicago today. He was in New York for a few days conferring with Harry Arthur and Jack Partington. Schwartz Opposing RKO-Skouras Setup (Continued from page 1) ignored and that the original protec- tion RKO bought be upheld. Exchanges, however, can do noth- ing. Managers claim that the pro- tection argument has to be settled be- tween the exhibitors themselves. Dis- tributors do not want to become in- volved in the matter and are keeping hands off. Schwartz wanted RKO to waive protection in the same manner as Skouras, but RKO refuses, it is stated. Product involved is all of Radio and Universal and 50 per cent of Para- mount and Warners. (Continued from page 1) vaudeville-film theatres would charge 55 cents evenings and 35 cents mati- nees. Last week, Vogel says, Blumberg called him up and asked that the agreement be called off because the Mainstreet was losing money and could not operate under the conditions agreed upon. The house, with the same vaudeville-picture policy, dropped its admission to those scheduled for straight film theatres. Loew's then found that the Main- street's new scale was hurting the Midland and as a result reduced the matinee admission from 25 to 15 cents, leaving the 40 cents admission stand. The Midland is an all-picture house. "That Kansas City exhibitors should charge us with price cutting is unfair. We didn't start it. RKO did, and you can quote me to that effect," Vogel said. When asked about the Kansas City situation, Blumberg said he knew nothing about it. 99 RKO-Skouras About Set on Two Houses Negotiations between RKO and Skouras for the latter to take over the Embassy, Port Chester, and the Strand, Rockville Center, are in the final stages with signatures expected in a week or so. Management of the two RKO houses will change on Jan. 1, provided the deal goes through without any hitches. FitzPatrick Sails Soon James FitzPatrick leaves for the coast about Dec. 15 via the Panama Canal route. When he arrives in Hollywood he wall assemble his crew which will accompany him to Africa to make "Black Ivory," first of two independent features he will produce. Allied Warned Not To Get "Panicky (Continued from page 1) rectors, as outlined by Abram F Myers, are these points : 1. Report on steps taken in fur- therance of the legislative cam- paign and formulation of plans for intensifying the campaign. 2. Formulation of demands in behalf of independent exhibitors in case a new code is proposed to succeed the present one which expires next June. 3. Consideration of proposed new constitution to modernize Allied's basic law. 4. Report on status of Tri- Ergon, Ascap and Erpi matters and consideration of plan of future action. 5. Consideration of plans for expanding and strengthening the national association. 6. Plans for the annual meeting in January- Wilby Under Knife Atlanta, Nov. 29. — Robert Wilby is at the St. Joseph Hospital recov- ering from an operation performed Monday. Oscar A. Morgan, Paramount dis- trict manager, enters the Emory Hos- pital next week. He is slated for an operation as well. Lichtman May Go West Al Lichtman may go to the coast around the first of the year. If he doesn't take the coast trip, he'll go south for a vacation. Report Favors Offer For Phila. Theatres (Continued from page 1) supervisor of the theatres, at the sec- ond hearng yesterday on the advisa- bility of the sale. Giving figures on the mortgage in- demnities of the houses involved, the Tower, Nixon, Roosevelt and Frank- ford, Sloan declared that "considering conditions," the Warner offer was a good one. James Williams, a realty expert retained to report to the special master, testified in the same vein. The hearing is to be resumed later. Warner Party Dec. 22 The Warner Club annual Christmas kiddie party will be held at the home office club room Dec. 22. It is limited to children, grandchildren and brothers and sisters, not over 12 years of age, of members. from New York Daily News for Warner Bros/ All-American Hit at Triumphant B'way Premiere! FLIRTATION WALK Starring DICK POWELL RUBY HEELER PAT O'BRIEN THE WEST POINT CADETS FRANK BORZAGE PRODUCTION A First National Picture SMILES! BRIDGEPORT SMILES! COLUMBUS SMILES! NEW HAVEN SMILES! NORFOLK SMILES! READING SMILES! RICHMOND SMILES! SPRINGFIELD SMILES! WORCESTER SMILES! NASHVILLE SMILES! INDIANAPOLIS SMILES! WASHINGTON SMILES! ROCHESTER SMILES! LOUISVILLE SMILES! Get ready to join the GARBO SMILE that's spreading from Coast to Coast ! HOL Mr. Editor! NATIONWIDE REVIEWS ON GARBO IN "PAINTED VEIL" SPELL HAPPINESS IN EVERY BOX-OFFICE! READ 'EM AND LEAP! COLUMBUS Citizen — "Garbo again triumphant. . .'Painted Veil'an awe-inspiring and fascinating experience". . . DAYTON Daily News — "Garbo such as you have never seen. ..Most emotionally stirring scenesyet seen in pictures..." INDIANAPOLIS Times — "Garbo reaches heights in 'Painted Veil'. . . a really great sensitive artist . . ." WASHINGTON Post — "Garbo in 'Painted Veil' lays new claim to greatness among cinema stars . . ." CANTON Repository — "Garbo at her best in glamorous role . . . shows a new side to her personality and there is more charm in her manner than in any of her pictures . . ." WASHINGTON Sunday Star — "Garbo still the most important person in Hollywood. . .plays rings around many of her cinema sisters ..." WASHINGTON Daily News — "Garbo more human than in years ... A grand movie . . ." CLEVELAND Plain Dealer— "Unusually good . . ." PITTSBURGH Post-Gazette — " 'Painted Veil' definitely one of the year's superior films . . . Star is still Garbo the Great . . ." DAYTON Journal — "New fire in Garbo's acting . . . most entertaining picture . . ." OHIO State Journal — "One of the few productions in which one may lose one's self completely ... a beautiful picture . . ." PITTSBURGH Press — "An unusually interesting picture ... a picture of dignity, dramatic suspense, and excellent acting ..." CLEVELAND News — "Rises to intensely dramatic moments . . . Garbo-Brent a winning combination. . ." COLUMBUS Dispatch — "Star rises to new heights in exceptional film . . ." WASHINGTON Evening Star— "Garbo at her best . . . She is all that she has ever been . . ." RICHMOND News Leader — "Garbo is beautiful in an absorbing story . . ." WASHINGTON Times— "This is GARBO WEEK in the Nation's Capital . . ." PITTSBURGH Sun-Telegraph— "This is real drama . . ." READING Times— "Garbo greatest film star of them all . . . rises to greatest heights in 'Painted Veil' ". . . GARBO in THE PAINTED VEIL with HERBERT MARSHALL, GEORGE BRENT, Warner Oland, Jean Hersholt, Katharine Alexander Directed by Richard Boleslawski • Based on the novel by W. Somerset Maugham Produced by Hunt Stromberg • A Metro-Goldwyn-Mayer Picture 10 MOTION PICTURE DAILY Friday, November 30, 1934 "Love" Leads Minneapolis9 Six 1st Runs Minneapolis, Nov. 29. — "One Night of Love" bettered the Or- pheum's average by $1,000 at $6,500 to leave this city's six first runs for the week just closed, while Gaumont British took second honors here with "Chu Chin Chow's" $3,000 at the World for its third week and made the best showing in St. Paul with a second week gross of $3,000 for "Little Friend." The Metropolitan, St. Paul, just re- opened, finished its opening week with $2,000 for "Girl of the Limberlost," equaling average for the house. "The White Parade" was good at the Par- amount, running $500 over average. Total first run business in Minne- apolis was $23,000. Average is $21,000. Total first run business in St. Paul was $20,700. Average is $18,000. Estimated takings : Minneapolis : Week Ending Nov. 22: "THE AFFAIRS OF CELLINI" (U. A.) CENTURY— (1,000), 25c-40c, 7 days. Gross: $4,000. (Average, $4,000) "365 NIGHTS IN HOLLYWOOD" (Fox) LYRIC— (1,000), 20c-25c, 7 days. Gross: $1,500. (Average $1,500) Week Ending Nov. 23: "ONE NIGHT OF LOVE" (Col.) ORPHEUM— (2,900), 25c-50c, 7 days. Daphne Pollard heading five acts. Gross: $6,500. (Average, $5,500) "THE WHITE PARADE" (Fox) STATE— (2,300), 25c-40c, 7 days. Gross: $5,500. (Average, $5,500) "THE CRIME DOCTOR" (Radio) TIME— (300), 25c-35c, 7 days. Gross: $2,500. (Average, $2,500) "CHU CHIN CHOW" (Gaumont British) WORLD— (400), 25c-75c, 7 days, 3rd week. Gross: $3,000. (Average, $2,500) St. Paul: Week Ending Nov. 22: "THE GIRL OF THE LIMBERLOST" (Monogram) METROPOLITAN— (1,200), 25c, 7 days. Gross: $2,000. (Average, estimated, $2,000) "THE WHITE PARADE" (Fox) PARAMOUNT— (2,300). 25c-40c, 7 days. Gross: $6,000. (Average, $5,500) "THE AFFAIRS OF CELLINI" (U. A.) RIVIERA— (1,200), 25c-40c, 7 days. Gross: $4,000. (Average, $3,500) "HAPPINESS AHEAD" (F. N.) ORPHEUM— (2.000), 25c-40c, 4 days. Five acts vaudeville. Gross: $2,500. (Average for the week, $4,000) "WEDNESDAY'S CHILD" (Radio) ORPHEUM— (2,000), 25c-40c, 3 days. Gross: $1,700. (Average for the week, $4,000) "I'LL FIX IT" (Col.) TOWER— (1,000), 15c-25c, 7 days. Gross: $1,500. (Average, $1,500) "LITTLE FRIEND" (Gaumont British) WORLD— (300), 25c-75c, 7 days, 2nd week. Gross: $3,000. (Average, $2,000) "One Night" 2nd Week Omaha High Omaha, Nov. 29. — "One Night of Love" continued to top the town in its second week at the Brandeis, going to $4,200, over normal by $700. "Transatlantic Merry-Go-Round" was also in the money, getting $8,500, up by $500, at the Paramount. "The Pursuit of Happiness" and "Menace," on a dual bill, pulled a strong $8,000 at the Orpheum. Total first run business was $24,200. Average is $21,500. Estimated takings : Week Ending Nov. 21: "THE PURSUIT OF HAPPINESS" (Par.) "MENACE" (Para.) ORPHEUM— (3,000), 25c-40c, 6 days. (Continued on page 11) Parade" Hits $15,000 Mark In Pittsburgh Pittsburgh, Nov. 29. — Business all over town was up last week, with one house, the Alvin, hitting a new high and several others achieving pax or better. It was "The White Parade" that turned in the record-breaking week at the Alvin, the picture getting $15,000, which meant near capacity at every performance. At the Stanley "The Gav Divorcee" was satisfactory at $12,000, although reports from elsewhere had the man- agement visioning considerably more than that. The Warner also shot into high with "Dr. Monica" and "Million Dol- lar Ransom," getting $6,700 for its best takings in several months. It was generally believed that the great pub- licity given "Dr. Monica" during the five months it has been held up by the Pennsylvania censors was in a large way responsible for the excellent busi- ness. Total first run grosses were $64,000. Average is $55,000. Estimated takings for the week end- ing Nov. 22 : "THE WHITE PARADE" (Fox) ALVIN— (2,000), 25c-40c, 6 days. Stage: Johnny Perkins, Fritz and Jean Hubert, John and Edna Torrance, Master Michaels and Jerry Mayhall's band. Gross: $15,000. (Average, $10,000.) "GIRL OF THE LIMBERLOST" (Monogram) FULTON— (1,750), 15c-40c, 6 days. Gross: $4,000. (Average, $4,500.) "TRANSATLANTIC MERRY-GO- ROUND" (U. A.) PENN— (3,300), 25c-75c, 6 days. Stage: Thurston and his magic show. Gross: $22,- 000. (Average, $22,000.) "AMONG THE MISSING" (Col.) PITT— (1,600), 15c-30c, 6 days. Stage: Cortello's Dogs, Grace Doro, Yvonne-Victor revue, Three Olympics, Roy, Lee and Dunn, Claude and Marion, Joe Kelso & Co. Gross: $4,300. (Average, $4,500.) "THE GAY DIVORCEE" (Radio) STANLEY— (3,600). 25c-50c, 6 days. Gross: $12,000. (Average, $12,000.) DR. MONICA" (Warners) "MILLION DOLLAR RANSOM" (Univ.) WARNER— (2,000), 25c-40c, 6 days. Gross: $6,700. (Average, $5,000.) 66 Young" and Show Pull in Oklahoma Oklahoma City, Nov. 29. — "Young and Beautiful," with the help of a stage show the first four days of the week at the Liberty, took the only important money in town — $2,500. This is $500 over the normal take for a week. "The Merry Widow" took a par $5,000 at the Warner, but "Peck's Bad Boy" and "Marie Galante" were both dull. Total first run business was $12,300. Average is $13,500. Estimated takings for the week end- ing Nov. 24: "MERRY WIDOW" (M-G-M) WARNER— (1,900), 10c-20c-36c-41c-56c 7 days. Gross: $5,000. (Average, $5,000) "PECK'S BAD BOY" (Fox) MIDWEST— (1,500), 10c-26c-56c, 6 days. Gross: $2,500. (Average, $4,000) "MARIE GALANTE" (Fox) CAPITOL— (1,200), 10c-20c-26c-36c-41c, 7 days. Gross: $1,800. (Average, $2,500) "YOUNG AND BEAUTIFUL" (Mascot) LIBERTY— (1,500), 10c-15c-26c-36c, 4 days. Rainbow Revue on stage. Gross: $2,500. (Average week, $2,000) "ONE EXCITING ADVENTURE" (Univ.) LIBERTY— (1,500), 10c-15c-26c-36c, 3 days. Gross: $500. (Average week, $2,000) Asks Opening Ban Omaha, Nov. 29.— The new- est move by the Legion of Decency here stumped show- men recently. The True Voice, Catholic weekly news- paper, which appears on Fri- day, asked its readers not to attend opening days at the Paramount and World thea- tres, which fall on a Thurs- day, until they have seen the newspaper and scanned the suitable and unsuitable list of pictures. "Widow" Good Chicago Draw Despite Slump Chicago, Nov. 29. — "The Merry Widow" was outstanding in its second week at the Roosevelt with a take of $14,000. This and "One Night of Love" in its fifth week at the Garrick, where it was still going strong, were the only two strong draws in town. The slump was general with the total first run take down to $104,200. Average is $131,600. Estimated takings: Week Ending Nov. 20 "THE MERRY WIDOW" (M-G-M) ROOSEVELT— (1,591), 25c-35c-50c, 2nd week, 7 days. Gross: $14,000. (Average, $11,000) Week Ending Nov. 22 "ONE NIGHT OF LOVE" (Col.) GARRICK— (900), 25c-35c-40c, 5th Loop week, 7 days. Gross: $6,200. (Average, $5,000) "HAPPINESS AHEAD" (F.N.) CHICAGO— (4,000) 25c-35c-68c, 7 days. Stage: Ted Lewis show and orchestra. Gross: $28,000. (Average, $34,600) "THE CASE OF THE HOWLING DOG" (Warners) ORIENTAL— (3,900). 25c - 40c, 7 days. Stage: Faith Bacon, Frank Libuse, Tommy Mack & Co., Gresham & Blake. Gross: $15,000. (Average, $15,000) "GREAT EXPECTATIONS" (Univ.) PALACE— (2,509), 25c-35c-50c, 7 days. Stage: Phil Cook, Foy Family. The Ri- macs. Arthur Petley & Co. Gross: $16,000. (Average, $22,000) Week Ending Nov. 23 "TRANSATLANTIC MERRY GO ROUND" (U. A.) UNITED ARTISTS— (1.700). 30c-40c-60c. 2nd week, 5 days. Gross: $8,000. (Aver- age, $17,000) "THE CAPTAIN HATES THE SEA" (Col.) APOLLO— (1,400), 25c-35c-50c. 7 days. Gross: $5,000. (Average, $12,000) Week Ending Nov. 24: "YOUNG AND BEAUTIFUL" (Mascot) STATE - LAKE— (2,776), 20c - 25c - 35c, 7 days. Stage: Weist & Stanton, Rio & West, Pease & Nelson and other acts. Gross: $12,000. (Average, $15,000) "Captain," Revue, High in Portland Portland, Nov. 29. — "The Captain Hates the Sea," materially aided by Les Hite and the Cotton Club revue on the stage, helped the Paramount to soar to $9,200, or $4,200 over normal. "One Night of Love" was moved into the Mayfair. It promises to run at least another fortnight. "St. Louis Kid" at Hamrick's Or- pheum had a steady build-up to $5,000, or $2,000 over par. "Gay Divorcee" held up to normal (Continued on page 11) "Lost Lady," Show $21,100 Capital Lead Washington, Nov. 29. — Only "A Lost Lady" and "Evelyn Prentice" created a stir last week. The Earle, with the former, bulwarked by War- ing's Pennsylvanians, went $3,500 over par with a $21,100 take and the latter at Loew's Fox brought in $23,500, some $3,000 over average. With the exception of "The Lemon Drop Kid" at the Metropolitan, which did $4,600, or $500 over par, other pic- tures were weak. "Mrs. Wiggs of the Cabbage Patch," at Loew's Palace, slipped $4,200, or down to a gross of $10,300. At Loew's Columbia, "365 Nights in Hollywood" did not quite make the grade at $3,000, just §100 under. "Great Expectations" did not mate- rialize at RKO-Keith's, $4,400 coming in in four days ending Nov. 19, when the Dickens opus was pulled for "Caravan," which, in the following three days, added another $4,800, bringing the week's take to $9,200, or $2,200 under a full first run week. Run of "Caravan" closed at 7:30 P. M., Nov. 24, when "Wed- nesday's Child" was set in to run until Thanksgiving. Estimated takings, exclusive of tax, for the week ending Nov. 22: "A LOST LADY" (Warners) EARLE— (2,218), 25c-77c, 7 days. Stage: Waring's Pennsylvanians, with Poley Mc- Clintock, Rosemary and Priscilla Lane, Johnny Davis, Stuart Churchill, Scotty Bates, Clare Hanlon. Gross: $21,100. (Av- erage, $17,600) "365 NIGHTS IN HOLLYWOOD" (Fox) LOEW'S COLUMBIA— (1,264), 25c-40c, 7 days. Gross: $3,000. (Average, $3,100) "EVELYN PRENTICE" (M-G-M) LOEW'S FOX— (3,434), 25c-66c, 7 days. Stage: Duncan Sisters, Diamond Boys, John Fogarty, Youthful Rhythms. Gross: $23,500. (Average. $20,500) "MRS. WIGGS OF THE CABBAGE PATCH" (Para.) LOEW'S PALACE— (2^370), 35c-77c, 7 davs. Gross: $10,300. (Average, -$14,500) "THE LEMON DROP KID" (Para.) METROPOLITAN— (1,591), 25c-40c, 7 days. Gross: $4,600. (Average. $4,100) "GREAT EXPECTATIONS" (Univ.) RKO-KEITH'S— (1,836), 25c-55c, 4 days. Gross: $4,400. (Average, 7 days, $11,400) "CARAVAN" (Fox) RKO-KEITH'S— Three days, to complete week of above. Gross: $4,800. "College Rhythm" Tops Indianapolis Indianapolis, Nov. 29. — "College Rhythm" ran away with top box-office honors here last week by getting S8.500 at the Indiana. This was $1,500 over average. "Hell in the Heavens" made a good showing at the Lyric, going to $7,750 on the week. Total first run business was $24,250. Average is $25,000. Estimated takings for the week end- ing Nov. 24: "GAMBLING" (Fox) APOLLO— (1,171). 25c-40c, 4 days. Gross: $1,000. (Average. 7 days. $2,500) "GREAT EXPECTATIONS" (Univ.) CIRCLE— (2,638), 25c-40c, 7 davs. Gross: $2,500. (Average, $4,000) "COLLEGE RHYTHM" (Para.) INDIANA— (3,133), 25c-40c, 7 days. Gross: $8,500. (Average. $7,000) "HELL IN THE HEAVENS" (Fox) LYRIC — (1,896). 25c-40c, 7 days. Vaude- ville. Gross: $7,750. (Average, $7,000) "WE LIVE AGAIN" (U. A.) PALACE— (2,431), 25c-40c, 7 days. Gross: $4,500. (Average, $4,500) MOTION PICTURE DAILY White Parade 9 Sensational In Philadelphia at $26,000 Earnings Jump Predicted for Friday, November 30, 1934 'Lady," Show Lead Detroit With $18,200 Detroit, Nov. 29. — "Lady by Choice," and a stage bill headed by Polly Moran, helped brighten the the- .atre outlook hereabouts last week. The L ake at the Fox was 518,200, over the line by $3,200. Total first run business was $69,200. Average is 865,000. Estimated takings for the week end- ing Nov. 22 : "GAY DIVORCEE" (Radio) (2nd Run) ADAMS — (1,770), 10c-30c-40c, 7 days. Gross: $6,800. (Average, $5,000) "A LOST LADY" (Warners) 'MRS. WIGGS OF THE CABBAGE PATCH" (Para.) (2nd Runs) FISHER — (2.975), 10c-30c-40c, 7 days. Gross: $6,700. (Average., $10,000) "LADY BY CHOICE" (Col.) FOX— (5,100), 15c to 65c, incl. tax, 7 days. Stage: Polly Moran in person. Gross: $18,- 2)0. (Average, $15,000) "GENTLEMEN ARE BORN" (Warners) MICHIGAN"— (4,100), 15c to 65c, incl. tax, 7 days. Stage: Borrah Minnevitch and His Harmonica Rascals, other acts. Gross: S23.000. (Average. $20,000) •CRIME WITHOUT PASSION" (Para.) "READY FOR LOVE" (Para.) STATE— (3,000). 10c-35c, 7 days. Gross: $4,700. (Average, $5,000) "LIMEHOUSE BLUES" (Para.) United Artists— (2,070), 25c-50c, 7 days. Gross: $9,800. (Average, $10,000; "Captain," Revue, High in Portland (Continued from page 10) at the Music Box in its fourth week and was held for a fifth. Total first run business was $30,400. Average is $25,000. Estimated takings for the week ending Nov. 23: "EVELYN PRENTICE" (M-G-M) BROADWAY— (1,912), 25c-35c-40c, 7 days. Gross: $4,800. (Average. $5,000) "GIFT OF GAB" (Univ.) ORIENTAL— (2,040). 25c, 7 days. Gross: Sl,800. (Average, $2,000) "ST. LOUIS KID" (Warners) HAMRICK'S ORPHEUM— (1,700), 25c- 35c-40c, 7 days. Stage show. Gross, $5,000. ^Average, $3,000) "THE GAY DIVORCEE" (Radio) MUSIC BOX— (1.000), 25c-35c, 7 davs, 4th week. Gross: $2,000. (Average, $2,000) "CARAVAN" (Fox) "LEMON DROP KID" (Para.) MAY FAIR — ( 1 .700) , 25c-35c, 6 davs.ET MAYFAIR— (1,700). 25c - 35c, 6 days. Gross: $2,800. (Average. $3,000) "CAPTAIN HATES THE SEA" (Col.) PARAMOUNT— (3,008), 25c - 35c - 40c, 7 days. Gross: $9,200. (Average. $5,000) "WE LIVE AGAIN" (U.A) UNITED ARTIST— (945). 25c-35c-40c, 7 days. Gross: $4,800. Average, $5,000) "One Night" 2nd Week Omaha High (Continued from page 10) Gross: $8,000. (Average, $6,500) "TRANSATLANTIC MERRY-GO- ROUND" (U. A.) PARAMOUNT— (2,800), 25c-40c, 7 days. Gross: $8,500. (Average, $8,000) "BARRETTS OF WIMPOLE STREET" (M-G-M) (Second Run) "ONCE TO EVERY BACHELOR" (Lib.) WORLD— (2,200), 25c-40c, 3 days. Gross: $1,400. "EVELYN PRENTICE" (M-G-M) (Second Run) WORLD— (2,200), 25c-40c, 4 days. Gross: 52,100. (Average. $3,500) Week Ending Nov. 22: "ONE NIGHT OF LOVE" (Col.) BRAN DEIS — (1,500), 20c-25c-35c, 6 days, 2nd week. Gross: $4,200. (Average, $3,500) Philadelphia, Nov. 29. — The town's unexpected smash hit was "The White Parade," which gave the Fox its best week at $26,000 in over two years, topping even the Will Rogers figures. The picture holds for a second week. It may go a third. Except for "Firebird" and the stage show at the Earle, which slightly topped the average, the rest of the town slumped. "Pursuit of Happi- ness," facing the competition of the stage show, now in its 11th week on a low box-office scale, couldn't get to first base and got only $7,500 at the Stanley. Total first run business was $73,100. Average is $66,900. Estimated takings for the week end- ing Nov. 22 : "OUTCAST LADY" (M-G-M) "PECK'S BAD BOY" (Fox) ARCADIA— (600), 25c-35c-45c, 3 days each. Gross: $900. Gross: $700. (Average, 6 days, $2,400) "WE LIVE AGAIN" (United Artists) ALDINE— (1,200), 35c-40c-55c, 6 days, 2nd week. Gross: $6,500. (Average, $7,000) "THE MERRY WIDOW" (M-G-M) BOYD— (2,400), 35c-40c-55c, 6 days, 2nd week. Gross: $11,000. (Average, $12,000) "THE FIREBIRD" (F.N.) EARLE— (2,000), 40c-55c-65c. 6 days. Stage: Ed Lowry's revue. Gross: $13,000. (Average, $12,000) "THE WHITE PARADE" (Fox) FOX— (3,000), 40c-55c-65c, 6 days. Stage: Val and Ernie Stanton; Dick Remy and Ruth Diane; Continental Dancers. Gross: $26,000. (Average, $12,000) "WEDNESDAY'S CHILD" (Radio) KARLTON— (1,000), 30c-40c-50c, 6 days. Gross: $2,200. (Average, $3,500) "PURSUIT OF HAPPINESS" (Para.) STANLEY— (3,700), 35c-40c-55c, 6 days. Gross: $7,500. (Average, $12,000) "THE CAPTAIN HATES THE SEA" (Col.) STANTON— (1.700), 30c-40c-55c, 6 days. Gross: $5,300. (Average, $6,000) Secrecy Veils CBS Increase in Stock Secrecy veils the reason behind Col- umbia Broadcasting System's increase in capital from $3,750,000 to $7,500,- 000. Executives of the company on Wednesday refused to make any com- ment on the move. At a meeting of the board of direc- tors earlier in the week, however, a 50 per cent stock dividend on the A and B shares, payable Dec. 27 to stockholders of record Dec. 13, was declared. There are 111,244 shares outstand- ing, consisting of 49,194 A and 62,- 250 B shares. Son to John Waynes Hollywood, Nov. 29. — A son has been born here at St. Vincent's Hos- pital to the John Waynes. Mrs. Wayne is the former Josephine Saenz. Mother and son are reported doing fine. Opens Butte Exchange W. Ray Johnston has opened a Mon- ogram Exchange in Butte, Mont., and has placed it in charge of the Shef- field System under the management of J. H. Sheffield. William Watson, 50, Dead Cleveland, Nov. 29. — William Wat- son, 50, manager of the Warner Hip- podrome here, died at his home last night after a long illness. His widow and two daughters survive. Estimate Roxy Net Will Top $100,000 (Continued from page 1) bonds. This compares with $2,600 for the same period a year ago. Up to last week the net was ap- proximately $75,000 and it is expected that $10,000 will be added to this fig- ure after the two-week run of "Imita- tion of Life," which ended the first week with a $44,000 gross. The house, being operated by Fanchon & Marco for Trustee Howard S. Cullman, has not had a red week since June 15. At least two reorganization plans are being considered by the bondhold- ers' committee, but because at least $750,000 cash is required before any reorganization plan can be adopted, it is unlikely that either of the plans will be accepted. In fact reorganiza- tion of Roxy Theatres Corp. will not take place for at least another year, according to insiders. Trans-Lux Officers Reply to Meet Plea Wilmington, Nov. 29. — Officers of Trans-Lux Daylight Picture Screen Corp., filed an answer yesterday in Chancery Court here to the order is- sued last week by Chancellor Wolcott directing them to show cause why a stockholders' petition for appointment of a master to hold a stockholders' meeting for the election of directors should not be granted. They claim the charges against them were not made in good faith and that control of the board is sought to set aside or disastrously change a con- tract merger with News Projection Corp., in order that the latter may be released from a judgment handed down by the N. Y. Supreme Court. Dismissal of the petition is asked. "Flirtation" Opens Big Playing to capacity crowds, "Flirta- tion Walk" grossed $4,832 for its first two performances at the Strand Wed- nesday night, according to Warners. New House for Augusta Augusta, Kan., Nov. 29. — Construc- tion of a theatre costing $80,000 will shortly be started here by D. A. Bi- sagno. . Friedman Plans Visit London, Nov. 29.— Joe Friedman, general representative for Columbia here, sails for New York Dec. 11. Big Companies (Continued from page 1) of $7,479,897, or $4.50 a share on 1,- 464,205 shares of common after pre- ferred dividends is cited as making this the strongest major company. It is also pointed out that the company has reserves in cash and Government securities totalling $12,527,649. "It is probable," the article contin- ues, "that directors will consider in- creasing the present $1 dividend rate, or declare an extra within the next month." "Paramount, in receivership, prob- ably has the second largest earnings of any company in the industry, al- though no official report has been made," the Journal writer continues. "Net operating earnings in the first six months of this year were approxi- mately $3,500,000, and there is appar- ently a good chance that profit for the year will be in the neighborhood of $6,000,000, although how this esti- mate may be changed by final audit- ing and possible write-downs, cannot be determined at the moment. As of June 30, the Paramount system had total cash of $16,630,000, of which about $4,000,000 is in the hands of the receivers. It has been estimated that total cash on hand will be around $20,000,000 at the end of the year. Sees RKO Revamping in 1935 "This obviously furnishes an excel- lent basis for the reorganization of the company." Reorganization of RKO early in 1935 is predicted. Scaling down of the Fox capitaliza- tion has placed the company on a strong basis, the writer states. The net of $1,506,212, or 61 cents a share, on 2,436,409 shares of Class A and Class B common for the 39 weeks ending Sept. 29 is pointed out, and compared with a net loss of $226,346 for the same period in 1933. Nego- tiations for the sale of the company's Gaumont British stock may bring in from $3,000,000 to $7,000,000, the ar- ticle states. In commenting on Warners, the writer says : "Warner Bros. Pictures in 39 weeks ended May 26 reported a net loss of $558,836, against a loss of $5,021,774 in the 1933 period. War- ner, although it has a heavy funded debt, has been able to avoid reorgani- zation. However, considerable saving has been in effect in theatre rentals. Heavy funded debt of the parent com- pany remains an obstacle in reducing overhead expenses." NOW IN ITS THIRD BIG WEEK GAIETY THEATRE, NEW YORK A ROAD SHOW PICTURE MUSSOLINI'S $2,000,000 ROMANTIC SPECTACLE ENGLISH DIALOGUE (ITALIAN VERSION ALSO AVAILABLE) NOW BOOKING EUREKA PRODUCTIONS, INC 723 Seventh Avenue, New York City BRy. 9-0545 5 T f -> Jl ■ (laudette COLBERT Fannie Hurst's IIMTRTIOR OF LIFE with Ularren William Rochelle Hudson • Henry Brmetta Fled Sparks • Baby Jone • Hlon Hole R JOHR IR. STRHL PROOUCTIOR PRESERTED BV CURL LREIRIRLE CHUtf m m 2ttH*b?*? in. /ee the 2 as and J/J<*ay fi. 3 wait. 4 MOTION PICTURE DAILY MOTION PICTURE DAILY.S HOLLYWOOD PREVIEW "Here Is My Heart" (Paramount) Hollywood, Nov. 29. — A lavishly mounted hokum comedy romance with music. Bing Crosby and Kitty Carlisle are teamed again for an- other typical Crosby offering. In comparison with its predecessors, this succeeds to a point where Crosby followers should enthuse, while others looking for a logical straight narrative plot and suspense may be disappointed. A series of smart situations provoking laughs and admiration for the make-believe characters and the ridiculous mannerisms of a fourflushing royal family boosts the picture to a popular key. The story depicts a millionaire crooner, Crosby, setting a fast pace for any millionaire playboy. He becomes involved in a search for an ancient pistol and reaches Monte Carlo, where, meeting a Russian prin- cess, Kitty Carlisle, who is living with her family, Reginald Owen, Alison Skipworth and Roland Young, he forces his attentions upon her by impersonating a hotel waiter. The situations involved thereafter become hilarious, with laughs and romance interpolated. When the family faces eviction from a hotel suite, Crosby saves the day. As the owner, he leaves Owen, Young and Miss Skipworth to manage the place, while he vanishes with the princess for a honeymoon. Crosby introduces four new songs. Karl Struss' photography em- bellishes the exquisite backgrounds. Frank Tuttle's direction is com- mendable, getting the most from the story material. Production Code Seal No. 337. Running time, 80 minutes. "G." "The Marines Are Coming" (Mascot) Hollywood, Nov. 29. — Essaying two marines and their sweethearts in the familiar formula, a lack of story originality keeps this one in the average column. The yarn concerns a lady-killer lieutenant of the Marine Corps, Bill Haines, who had been previously involved with the firebrand, Armida, in an imaginary country near the Canal Zone. Camped at San Diego, Haines crosses swords with a brother officer, Conrad Nagel, over the affections' of Esther Ralston, trying, meanwhile, to be rid of the fire- cracker, Armida. On the eve of his wedding to Miss Ralston, he gets into a fight over unpaid bills in a cabaret in Tia Juana, is forced to re- sign from the corps, re-enlists as a private, goes to the tropics with a detachment hunting a notorious bandit known as Torch, is wounded and saves Nagel for Miss Ralston as Armida snares him. The production, while pleasing to the eye, is talky in spots and, al- though containing humorous interludes with some situations slightly far- fetched but slam bang, the action will appeal to chapter play fans. David Howard directed nicely from James Gruen's screen play with good photography by Ernie Miller and William Nobles. The names of Haines, Miss Ralston, Edgar Kennedy and Hale Hamil- ton should aid the draw which, with Marine exploitation, should be pre- dominately neighborhoods and duals. Previewed without production code seal. Running time, 68 minutes. "G." "Flirtation Walk," Wednesday night's opener at tlie Strand, was previewed by wire from- Hollywood, Nov. 3. "Captain Hates the Sea," another Wednesday premiere but at the Rialto, was reviewed by coast wire Oct. 15. "Broadway Bill," yesterday's opener at the Music Hall, was also covered by the Hollyivood previewing service on Oct. 26. 14 Para. Changes Delay Plan to Next Week {Continued from page 1) presented their resignations to the new Paramount Publix board. The new board, still incomplete, is com- prised of the following: Frank A. Vanderlip, Dr. Julius Klein, Percy H. Johnston, George D. Davison, Ger- ald Brooks, Maurice Newton and Ad- olph Zukor. The old board consisted of the fol- lowing: Jules E. Brulatour, Emanuel Cohen, John Cecil Graham, Felix E. Kahn, Gilbert W. Kahn, Austin Keough, Maurice Newton, Sir Wil- liam Wiseman, Adolph Zukor, Eugene Zukor, Walter B. Cokell and George J. Schaefer. The new board at a session immedi- ately, following acceptance of the old board's resignations, approved and adopted the so-called Kuhn, Loeb & Co. plan of reorganization, which now has the support of all essential creditor groups in addition to that of the bond- holders' and stockholders' protective committees. Every effort will be made, it was said, to present this plan to the court on Monday. The new board issued only the fol- lowing terse statement at the close of the meeting : "At a meeting held this afternoon (Wed.) the Paramount Publix Corp. adopted a plan of reorganization which it will present to the court on Monday, Dec. 3." The new board's identification of itself as " the Paramount Publix Corp." was interpreted to imply that no change of corporation name will result from the reorganization. Para. Reel Claims Only 40% of "Beats" Paramount's publicity department heralded on Wednesday the modest triumphs of the company's newsreel during 1934, including a claim to na- tional "beats" on 40 per cent of the most important screen news of the year. On the remaining 60 per cent of the news, the publicity account states, "Paramount gives all reels an even break on the news." The release also claims for the reel 132 exclusive items of lesser importance. Tom Waller was the blushing author. IEPA Against MPTO If Warners Are In Philadelphia, Nov. 29. — The In- dependent Exhibitors Protective Ass'n. will oppose a local merger with the M. P. T. O. of Eastern Pennsylvania, Southern New Jersey and Delaware if Warner Theatres have membership in the consolidated exhibitor organization which would result, according to an article appearing in the current issue of Film Bulletin, the I. E. P. A. organ. The article states that overtures for a merger of the local exhibitor groups have been made by representatives of the M. P. T. O. Film Trio Reach Coast Hollywood, Nov. 29. — Jack Cohn, Bobby Connolly and Ricardo Cortez arrive Saturday from New York. They are all on the same train. Suit Filed to Stop Cleveland Dual Bill (Continued from page 1) Common Pleas Courtt by Max Lefko- wich, operator of the University The- atre. He claims it is a violation of the single feature agreement. Before the agreement went into ef- fect it was signed by Martin Printz as operator of the Alhambra. Printz now says he is only the manager and the house is operated by the owners, George Harvey and Sam Cowan. He contends that his signature is no longer binding now that he is not a partner- lessee. Century Circuit Is Winner in Ad Cases Century circuit has won complaints against the Quentin and Glenwood theatres for premature advertis- ing. In the first case, it was pointed out that a new operator took over the house on Nov. 1 and he was warned to discontinue advance adver- tising on pictures slated to run at the Century house. With Herbert S. Keller of the Weis- man, Quinn, Allan & Spett office as attorney, the Glenwood lost the de- cision, although Keller tried to inter- pret Part 5, Section C in the code for the benefit of *Ua board. Friday, November 30, 1934 Vincent for Fewer And Better Films \ (Continued from page 1) Vincent said. "The industry is tend- * ing toward disintegration because too many films and too many poor films are being made." Vincent, who is treasurer of MPTOA, said that while he had se- lective contracts with mjajor com- panies he would buy a good feature of any independent company. B. M. Golder, attorney for Perel- man, aroused Vincent's ire when he asked if the MPTOA was not subsi- dized by the alleged film trust. "I wouldn't allow myself to be subsidized by anyone," Vincent replied heatedly. Edward Jeffries, a Roxborough ex- hibitor, testified that his patrons had voted against double features and that I school authorities had urged him to follow a single feature policy to per- mit the showing of educational shorts on the program. Fred Leopold, an- j other exhibitor, stated that duals tend- ed to eliminate good shorts. Deposi- | tions were taken from the following i witnesses in opposition to duals : I. Hirshblond, W. T. Wrilson, Williams- ! port ; Herbert Elliott, George Lesey, j Marcus Benn, Al Fisher, Luke Gring. Samuel Somerson, C. Stites, Abe Sab- losky, George F. Weiland, Atlantic j City, and George Kline and Benjamin Fertel, Philadelphia. The plaintiff's cross examination I centered on two general points, 1 whether double features would mean more production and whether each theatre and neighborhood did not have its own problem. Witnesses answered in the affirmative, although the de- fense stressed that if double featuring became general, exhibitors would be hard put for product. Defense Attorney Morris Wolf said he would call both local exchange men and home office sales executives for Monday's hearing to refute charges of conspiracy. The session was ad- journed to Monday. Rosenblatt on Coast On Harmony Mission Los Angeles, Nov. 29. — Compliance Director Sol A. Rosenblatt arrived from Washington yesterday with the assertion his mission was to effect harmony between the actors' and writers' five-five committees and pro- ducers and to end the deadlock in negotiations between players and studios. He added he would also as- sist writers in completing a draft of a code of fair practice that would meet with the satisfaction of producers. Rosenblatt declared the agents' pact was not in accord with the NRA as it affects the film code, adding that noth- ing can be done until the draft is re- vised to conform with NRA require- ments. Meanwhile Rosenblatt will confer behind closed doors with all commit- tees concerned, beginning Saturday. Flynn Denies He'll Succeed Will Hay& Hollywood, Nov. 29. — Edward J' Flynn, secretary of state of New York yesterday publicly denied recent rumors that he might succeed Wil Hays. He also discounted reports tha he might join the legal staff of RadioJ Assailing both stories as "ridiculous.' I Flynn said he is here chiefly on vaca I tion with his wife. VINCENT R. McFAUL Operates 1 1 theatres, spends upward of $850,000 annually for film. He reads MOTION PICTURE DAILY uying Power Reads CTURE DAILY WHY GET EXCITED ABOUT ONE REEL? All right, Mr. Exhibitor, you try to be calm after seeing TOYLAND BROADCAST Gosh, it's a honey! Just a single reel but one of those things that steals the show! Filmed in gorgeous color, A cute story of a Toyland Broad* cast, caricaturing the Top Stars of radioland. Perfect for the Holidays and great for any time. It's one of M*G-M's HAPPY HARMONIES SERIES {produced by Harmonising) of color cartoons with music that exhibitors are talking about, Betcha you'll get excited too! The Leading Motioi Picture Industry MOTION PICTURE DAILY Alert, Intelligent VOL. 36. NO. 129 NEW YORK, SATURDAY, DECEMBER 1, 1934 TEN CENTS Circuits Move To Fight Free Socony Shows Will Open in New Haven And Go on Air Circuit theatre representatives yes- terday mapped plans for combating the free entertainments being spon- sored by Standard Oil Co. which open at New Haven tonight and contem- plate a two and one-half months' tour of the country. Meeting at M. P. P. D. A. head- quarters, representatives of the na- tional circuits were agreed that Stand- ard Oil's exploitation shows are of high enough calibre to completely kill theatre patronage on the nights they are staged in many cities of small and medium size and to seriously cur- tail patronage in others. Guy Lom- bardo and his orchestra head the Standard Oil free show troupe, with Cross & Dunn, Jane Roberts and others billed as feature acts. The performances will be staged in theatres, hotel ballrooms or audi- toriums of large seating capacity and will be broadcast nationally from local stations. Tonight's opening perfor- mance at New Haven will be in the (Continued on page 3) Free Radio Theatre Planned in Chicago Chicago, Nov. 30. — Competition will be furnished local houses with the completion of a free radio theatre just announced by the Chicago Tribune. The structure, adjoining the Tribune building, will be a deluxe theatre to which the public will be invited. It will have a seating capacity of 600. Ernest A. Grunsfeld, Jr., of Chicago is announced as the winner of $2,500 in a nationwide contest for the the- atre's design. First Run Product Scarce in Paterson Paterson, Nov. 30. — Inability to se- cure first run independent pictures has been giving A. Louis Ginsberg, mana- ger of the local Majestic, several wor- ries. He switched recently from sec- ond runs to first runs and vaudeville. Before the switch took place, he spent heavily to give the theatre re- pairs needed. He's pulling crowds. _ "Just another three or four months like the last two, and I won't be wor- rying so much," he said. On time film delivery assured by members of National Film Carriers, Inc. — Adv. B'way Up and Going; Takes Better, Big Week-End Seen Business along Broadway smacks of the old days. Second week of "Gay Divorcee" tallied a handsome $85,000 at the Music Hall. This figure is $9,000 less than the first stanza. The Roxy with "Imitation of Life" garnered its best gross since Fanchon & Marco have been operating the house for Howard S. Cullman. The tally here was $44,000 and the second week looks big. After a month's tenancy at the Astor at two-a-day, "The Merry Widow" garnered $42,670 at the Capi- tol in its first week at popular prices. The Rivoli, winding up the third and last week of "Kid Millions," got $25,000. "The Private Life of Don Juan" opens there today. The Palace with "St. Louis Kid" took in $11,500 for the week and (Continued on page 3) Selling Tickets on Commission Stopped Cincinnati, Nov. 30. — The Roose- velt, local colored house, has been ordered by the local grievance board to stop employing boys from the col- ored Y. M. C. A. to sell tickets for which they were paid a commission. Complaintant was the Lincoln, this city. The board dismissed an overbuying complaint of C. F. Pfister, Mayflower, Troy, O., against Schine, operating (Continued on page 3) Production Project Begun in Charlotte Charlotte, Nov. 30. — Willis Fel- lows is behind a movement to start production here. A 10-acre site about five miles from this city has been ac- quired as a studio site. The plans announced call for a studio building 300 ft. x 150 ft. The company is called Southern M. P. Studios. According to Fellows, Wil- fred North will be brought from the coast to direct the first picture. Move for Abolition Of Double Features Washington, Nov. 30. — The aboli- tion of double features and a better planning of programs today was urged by a special committee of the Na- tional Council of Teachers of Eng- lish, seeking improvement of pictures for children. The criticism of double features is based upon an assertion that frequent- ly exhibitors carry "undesirable and (Continued on page 3) Have 388 Houses Warners' annual financial statement discloses that the company and its subsidiaries operate 388 theatres located in 21 states. During the past year, the report states (meaning the fiscal year ending Aug. 25), the company released 56 fea- tures and 126 one and two- reel shorts. This year, it is stated, it plans to release 60 features and 130 shorts. Group of Four ToRunRKO's British Sales By BRUCE ALLAN London, Nov. 30. — A committee of management, composed of E. D. Leish- man, Ralph Hanbury, Frank Tilley and C. Dawson, will operate Radio Pictures, Ltd., thereby abolishing the former post of managing director held by Sol G. Newman until his death recently. The arrangement emphasizes the statement made in New York a few days ago by Ned E. Depinet that it was the company's intention of filling Newman's post by promotions from the ranks. Leishman becomes chairman of the board and Hanbury, general manager. E. D. Leishman is a British sub- ject and was born in Grangemouth, Scotland, on Nov. 9, 1899, according to Motion Picture Almanac. He was employed by the Bank of Scotland for three years and by the Bank of Mon- treal for six, was a flyer and officer (Continued on page 4) British Lion Signs Perry, Tennis Star London, Nov. 30. — Sam Smith of British Lion Pictures has signed Fred Perry, top ranking tennis player of the world and English Davis Cup star, for a series of shorts titled "How to Play Tennis." Dan Maskell, British professional champion and coach of the English Davis Cup team, has been signed as (Continued on page 3) Warners Cut '34 Loss to 2,530,513 Under Previous Year's Deficit $3,761,234 Warner Bros. Pictures, Inc., yes- terday reported a net loss for the year ending Aug. 25 of $2,530,513.68. Last year for the same period the loss was $6,291,748.46. For the year ending Aug. 27, 1932, the loss was $14,095,054.06. All these losses are after interest, amortization, depreciation and other charges. The company's financial position was strengthened by cutting the accu- mulated deficit from $19,547,005.06 to $16,346,563.77. The net loss from operations was $2,530,513.68, but the company realized a profit of $13,132,- 597.78 from various sources. This was due in some measure to receipt of $5,099,789.48 from several sources, in- cluding $3,099,789.48 from Erpi, after deducting Federal income and state taxes ; profit on redemption of six per cent convertible debentures and preferred stock and bonds of sub- sidiary companies, adjustment of in- come tax reserves of prior years, ad- justment of other reserves and profit on sale of an investment in an affili- ated company. Two items given as a loss of $683,- 452.31 were due to loss on sale of capital assets and appropriations by (Continued on page 3) Particulars Sought In Tri-Ergon Suits Six motions to require American Tri-Ergon to furnish bills of particu- lars on its patent infringement allega- tions were filed yesterday by Colum- bia, M-G-M, Reliance, 20th Century, Universal and Warners in Federal district court here. The motions, which will be set for argument before Judge Robert P. Patterson next week, ask for par- ticulars from Tri-Ergon as to the basis of its infringement charges and the claims it relies upon in bringing the actions. Canada Legion Move Spreads to the West Toronto, Nov. 30. — The Legion of Decency movement, recently begun in Ontario, has spread to the Canadian west. At Edmonton, Alberta, Archbishop O'Leary has requested members of the (Continued on page 4) MOTION PICTURE DAILY Saturday, December I, 1934 MOTION PICTURE DAILY (Registered U. S. Patent Office) Vol. 36 December 1, 1934 No. 129 Martin Quigley Editor-in-Chief and Publisher MAURICE KANN Editor JAMES A. CRON Advertising Manager Published daily except Sunday and holi- days by Motion Picture Daily, Inc., sub- sidiary of Quigley Publications, Inc., Martin Quigley, President; Colvin Brown, Vice-President and Treasurer. Publication Office: 1790 Broadway, New York. Telephone Circle 7-3100. Cable ad- dress "Quigpubco, New York." All con- tents copyrighted 1934 by Motion Picture Daily, Inc. Address all correspondence to the New York Office. Other Quigley pub- lications: MOTION PICTURE HERALD BETTER THEATRES, THE MOTION PICTURE ALMANAC and THE CHI- CAGOAN. Hollywood Bureau: Postal Union Life Building, Vine and Yucca Streets, Victor M. Shapiro, Manager; Chicago Bureau: 407 South Dearborn Street, Edwin S. Clif- ford, Manager; London Bureau: Remo House, 310 Regent St., London, W. 1, Bruce Allan, Representative. Cable address: "Quigpubco, London"; Berlin Bureau: Berlin • Tempelhof, Kaiserin - Augustastrasse 28, Joachim K. Rutenberg, Representative; Paris Bureau: 19, Rue de la Cour-des- \oues, Pierre Autre, Representative; Rome Jureau: Viale Gorizia, Vittorio Malpassuti, Representative; Sydney Bureau: 102 Sus- sex Street, Cliff Holt, Representative; Mex- ico City Bureau: Apartado 269, James Lockhart, Representative; Glasgow Bureau: 86 Dundrennan Road, G. Holmes, Repre- sentative; Budapest Bureau: 3, Kaplar-u, Budapest, II, Endre Hevesi, Representa- tive; Moscow Bureau: Civtzev Vrazhek, N. 25, Apart. 146, Moscow, U. S. S. R., Bella Kashin, Representative. Cable ad- dress: "Samrod, Moscow." Entered as second class matter, January 4, 1926, at the Post Office at New York City, N. Y., under Act of March 3, 1879. Subscription rates per year: $6 in the Americas, except Canada $15 and foreign $12. Single copies: 10 cents. A. A. Lowe Enroute Here A. A. Lowe, treasurer of U. A. in India, is en route here aboard the Britannic and is due Dec- 9. San Francisco, Nov. 30. — Arthur W. Kelly, vice-president in charge of foreign distribution for U. A, who is scheduled to arrive here Dec. 4, will leave immediately for Los Angeles and New York, arriving in the east Dec. 10. Add to Gaumont Staff New appointments to the Gaumont British staff include : Jack Erickson, salesman, San Francisco; Tony Hart- ford, salesman, Seattle ; Gene Spear, booker-salesman, Seattle ; David Mc- Elhinney, salesman, Salt Lake City ; E. E. Andreason, salesman, Denver. Boston, Nov. 30.— Milton J. Hill has been appointed salesman for Gau- mont British here. He was formerly with M-G-M and United Artists. Weeks Back Monday George W. Weeks, Gaumont Brit- ish general sales manager, returns to New York Monday having completed a coast-to-coast tour to build up a national sales organization. "Civilized" to Hoffberg J. H. Hoffberg Co., Inc., has ac- quired from Raspin Prod, the foreign distribution rights to "Are We Civi- lized ?" SoundEquipmentMen To Ponder Tax Today A meeting of the independent sound equipment manufacturers and distrib- utors will be held today at the offices of S. O. S. Corp. to consider filing a formal protest with the Commis- sioner of Internal Revenue against the five per cent excise tax on sound amplification and reproducing equip- ment. The session will be held jointly with the Entertainment Apparatus Manu- facturers Ass'n. Liberty Set in England Wardour Films, Ltd., subsidiary of British International Pictures, will distribute Liberty pictures in the United Kingdom under the terms of a deal just signed by Arthur Dent, managing director of Wardour, and Budd Rogers, general sales manager of Liberty. Liberty has also just closed deals for its complete list with F. & M. and the E. M. Loew circuit in New England. Reich for Finer Films Berlin, Nov. 30. — In banning two German films yesterday on the ground they were "cheap stuff," Dr. Paul Joseph Goebbels, Minister of Propa- ganda and Public Enlightenment of Germany, told the home industry it would have to turn out better grade pictures as the Reich was disgusted with the present product. The pro- hibited films were "Love Conquers" and "A Child, a Dog and a Tramp." Cantor Europe-Bound Eddie Cantor sails today on the Rex for Europe. His wife, Ida, and his three eldest daughters, Marjorie, Natalie and Edna accompanying him. Cantor expects to return some time in February and will report to Holly- wood in April to begin work on his next Goldwyn picture. "Copper field" for Capitol Although originally slated for the Astor at two-a-day, "David Copper- field" has been booked into the Capi- tol for Christmas Week. Pons-Radio Deal Set Lily Pons yesterday completed ne- gotiations with Radio to appear in one picture. "U's" Dinner-Dance To Be Held Tonight Universal Club will hold its an- nual dinner-dance at the Astor to- night with an attendance of 550 an- ticipated. The main ballroom will be converted into a ship's interior and the general idea behind the function will be tied up with an imaginary trip to Bermuda. Jack Berger and his As- torians will furnish the music and much of the talent will be by Mentone Prod, which is making a series of shorts for Universal release. Laemmle Sailing Off Carl Laemmle, Jr., will not sail for Europe today as scheduled, since he suffered a relapse in an attack of grippe that has laid him low for the past week. He now plans to get away on the Conte di Savoia in two weeks. Comedians Portland Hit Portland, Nov. 30. — A combination of Wheeler and Woolsey on the stage and their picture, "Kentucky Kernels," on the screen knocked a few records for the well known loop at Hamrick's Orpheum. The Thanksgiving Day gross was $2,000. Start "Custer's Stand" Hollywood, Nov. 30. — Stage and Screen Prod., Inc., has started work on a 25-reel serial, "Custer's Last Stand." Rex Bell, Buzz Barton and William Farnum are in the cast. Korda Signs Laughton London, Nov. 30. — Alexander Korda, production head of London Films, has signed Charles Laughton for the lead in "Sir Tristam Goes West." U. A. will handle the release in America. Selander Succeeds Brod Hollywood, Nov. 30. — Lester Selan- der has been named chairman of the assistant directors' section of the Academy executive committee. He succeeds Sidney S. Brod, resigned, who is no longer an assistant director. Goetz Off for London Harry H. Goetz, head of Reliance Pictures, sailed last night on the Olympic for London in search of stories and talent for next season's lineup. He expects to return Dec. 18. New Loew Highs Set On Big Board Net High Low Close Change Columbia Pictures, vtc 39 3854 39 + 5£ Consolidated Film Industries, pfd 18 17% 1754 Eastman Kodak 11354 112 11254 — 154 Eastman Kodak, pfd 140 140 140 —2 Fox Film "A" 1454 1354 1454 +1 Loew's, Inc 3654 35 3654 +1J4 Loew's, Inc.. pfd 105 10454 105 +1 Paramount Publix 354 356 354 + Vg rko 1% m m +a Universal Pictures, pfd 3" 37 37 +2 Warner Bros 454 4% 444 +54 Technicolor Lone Curb Issue Net •High Low Close Change Technicolor 1454 W/g 1454 All Bond Issues Show Gains Net High Low Close Change General Theatre Equipment 6s '40 9 854 9 + *A General Theatre Equipment 6s '40, ctf 854 854 854+54 Loew's 6s '41, ww deb rights 10454 104 10454 + 54 Paramount Broadway 554s '51 42 42 42 Paramount F. L. 6s '47 59 58 59 + 54 Paramount Publix 554s '50 5854 5854 5854 + 54 Warner Bros. 6s '39. wd 59 5834 58^4 + 54 Sales 600 1,700 900 1.400 2.400 16,600 300 3.100 1.300 3,000 1,000 Sales 1,300 Sales 4 15 12 5 16 10 7 i Purely Personal ► JAMES BARTON has finished his work in "Tobacco Road" and leaves tomorrow for Hollywood to start work for Radio in "The Taming of Zenas Henry." Ian Hunter, recently signed by First National, is scheduled to arrive here from London in about two weeks. He will work in "A Midsummer Night's Dream." Fred Waring and his orchestra open at the Paramount Christmas week, inaugurating the new stage policy at the Broadway house. Mary Pickford is on her way back to Hollywood. She plans to organize a coast production of "The Farmer Takes a Wife." George Jessel and Shirley Ross, the latter an M-G-M player, will ap- pear at the Capitol starting next Fri- day. George Batcheller is in from the coast and will remain until January. Maury Cohen didn't accompany him on this trip. Harry Buxbaum, who has been spending the last few days in Boston, returns Monday. He is visiting his brother. Charles L. O'Reilly goes to Phila- delphia today to attend the Army- Navy game. Hugh Walpole gets in from Hol- lywood next week and after spending two days here will sail for England. Rosario Bourdon, NBC orchestra director, has been signed to do a series of Brunswick records. Al Schwalberg of Warners is back from his coast trek. Max Cohen opened the Stadium, latest in his circuit, Thursday night. Al Selig returned from Buffalo yes- terday. George Schaefer is in the south for a brief rest. Ed Kuykendall is due in town Monday from Columbus, Miss. Tony Muto is due back from Washington the first of next week. Vince Hart is on the sick list. Is Guest of Roosevelt Scranton, Nov. 30. — M. E. Comer- ford was a week-end guest of Presi- dent Roosevelt at Warm Springs, Ga. Leaving Bloomsburg, Pa., Friday by plane, Comerford picked up Frank C. Walker at Washington and the two continued by air to Georgia. Comer- ford and Walker were the President's guests at dinner Saturday night and also spent Sunday at Roosevelt's Warm Springs home. Form Two Theatre Firms Albany, Nov. 30. — Branwin Amuse- ment Corp., New York City, has been chartered to exhibit pictures and vaudeville. Alexander Stone, Eliza- beth Hirsh and Edward M. Bran- driss are the incorporators. Vandyke Amusement Corp., New York City, has been chartered for the same purpose. Rose Bernholz, Ger- trude Mendelson, and Ethel Kutcher, are directors. Saturday, December I, 1934 MOTION PICTVRE DAILY Circuits Move To Fight Free Socony Shows (Continued from page 1) Shubert, a 2,000-seat legitimate thea- tre, and will be broadcast from WICC. From New Haven the troupe goes to Concord, N. H. Details of the itinerary are being closely guarded by representatives of Standard Oil in charge of the exploitation project and by the representatives of the partici- pating performers. Music Corp. of America, the Guy Lombardo representative, declined to reveal the itinerary, stating that no publicity for it was desired except lo- cally, and then only a few days in advance of engagements. It is under- stood, however, that the troupe will play about 40 cities throughout the country. Just what line of opposition to the Standard Oil's free shows is open to theatres was not determined by the circuit representatives at their meet- ing in the Hays office yesterday. W arners have already registered a protest with Compliance Director Sol A. Rosenblatt on the grounds of unfair competition. Other theatre companies are expected to add their complaints to that of Warners. Other methods of protest and retaliation sug- gested yesterday will be held in abey- ance, it is understood, until attempts have been made by industry leaders to arrive at an understanding with high Standard Oil officials. This pro- cedure may involve a request that admissions comparable to those of a first run theatre be charged for the performances. Theatre representatives will prob- ably meet again next week on the same subject. B 'way Up and Going; Takes Better, Big Week-End Seen British Lion Signs Perry, Tennis Star (Continued from page 1) his playing partner. William T. Til- den, 2nd, will do the commentary in all the reels. Perry's amateur standing will not be jeopardized, since the series has the approval of the Lawn Tennis Ass'n. It is understood here that Fred Perry will turn professional and join the Tilden Tennis Tours, Inc., some time in March. The troupe includes Elsworth Vines, George Lott and Les- ter Stoeffen. Whether or not War- ners' offer to Perry, made last sum- mer, to make a series similar to British Lion still holds is problemati- cal. London Flash Review By BRUCE ALLAN London, Nov. 30.— "The Iron Duke," Gaumont British production, which opened at the Tivoli tonight, is un- doubted box-office and an outstanding spectacle. ft presents Wellington (George Arliss) as a man and states- man rather than as a soldier, reaching its highest pitch in the scene picturing his speech in the House of Lords for tolerance toward the beaten enemy. This is magnificently acted and produced. The Waterloo scenes are brilliant, with the charge of Scots Greys and Highland- ers the highlight. Other big scenes are the ball at Brus- sels on the eve of the battle and peace conference at the Paris Opera. The story shows Welling- ton in a battle of wits with "Madame," niece of Louis XVIII, who secures Ney's execution in the Duke's ab- sence, but is sent into exile on his return. The after- war parallel with Europe to- day is emphasized in the dia- logue. Running time, 90 min- utes. "G." (Continued from page 1) opened big with "Gay Divorcee" yes- terday. The Strand hit $10,319 with "Gentlemen Are Born" and the Rialto with "Menace" fared badly with $9,000. "The Captain Hates the Sea" opened big at the Rialto on Thanks- giving Eve and hit the second highest opening day gross since Arthur Mayer took the house. "Lost Patrol" still holds the first-day record. "College Rhythm" at the Paramount ended the first week at $27,000. Broadway operators are excited over the week-end school holiday, following Thanksgiving. The school lay-off is expected to perk, up intakes today and tomorrow. "Flirtation Walk" at the Strand is holding to capacity audiences since its opening Thanksgiving Eve. Accord ing to Warners the picture hit a new record for Thanksgiving Day business. New Schine Dividend Gloversville, N. Y., Nov. 30. — Schine Theatres, Inc., has declared a dividend of 75 cents a share on ac- count of accumulations on the no par $3 preferred stock, payable Dec. 1 to stockholders of record Nov. 20. After this payment overdue divi- dends will be $5.25 a share. Jack Stebbins Better Hollywood, Nov. 30. — Jack Steb- bins, who was recently removed from The Chief at Albuquerque because of a sudden illness, is making steady progress toward recovery. Move for Abolition Of Double Features (Continued from page 1) inappropriate" pictures on the same bill with recommended features, ham- pering efforts to improve the public taste. With the elimination of double fea- tures, the committee recommended that programs be unified so that each will consist of a single feature and appropriate short subjects, that unde- sirable advertising trailers be elimi- nated, that more informational and less sensational trailers be substituted, and the neighborhood theatre week-end programs be planned to meet the needs of the family groups. Warners Cut '34 Loss to 2,530,513 Santell Goes West Al Santell left New York for Holly- wood by rail yesterday, but will be back early in the new year en route to London again where he has pend- ing a lawsuit against Toeplitz Prod. The action developed out of direction of "The Dictator" for which Santell was employed. Claiming unreasonable demands were made out of line with his contract, Santell did not finish the picture but resorted to law. Selling Tickets on Commission Stopped (Continued from page 1) the Piqua, at Piqua, O. George V, Lynch, of the Schine home office, at Gloversville, N. Y., attended this hearing. A dismissal verdict also was ren dered in the overbuying complaint of S. S. Steenwood, Majestic, Nelson- ville, O., against M. S. Porter, Or pheum, same city. In the case of Steenwood vs. Porter, based on reduced admissions, respon dent was ordered to adhere to prices in contact, which specifies 10, 15 and 20 cents. Evidence showed respondent had been double featuring at a five- cent admission during the summer, but had recently advanced the admis- sion to 10 cents. This, however, was below the minimum set forth in con- tract. Set Up New Clearance New Orleans, Nov. 30. — Jeaner- ette, Franklin and New Iberia have been zoned together by the clearance and zoning board as a result of a complaint of Laurence Lampo of Jeanerette. Lampo complained that Affiliated Theatres, which book for the houses in Franklin and New Iberia, were demanding 30 days' clearance over his house, which had not been granted in the past and that Fox, which has sold him "Judge Priest" and "Peck's Bad Boy," took the films away to give them to Affiliated. Under the new arrangement first runs get 15 days' clearance and second runs get priority over third. This cuts down the Affiliated demand for clearance, but also puts Lampo on a third run basis for the bulk of major product. (Continued from page 1) directors for investments in and ad- vances to affiliated companies. The report disclosed that the com- pany has $4,664,137.62 in cash on hand and that a further amount not to exceed $200,000 is expected from Erpi. The exact total will not be known before April 26, 1937. The company has speeded up its amortization of films by cutting the total amortization from 52 weeks to 30. Under the new schedule a film is devalued 74 per cent at the end of 13 weeks; 96 per cent at the end of 26 weeks and 100 per cent at the end of 30 weeks. The consolidated balance shows mortgages and funded debt totalling $86,487,734.19. Last year it was $90,627,930.73, and on Aug. 23, 1931, it was $104,898,926.97. This is a re- duction of $18,411,192.78 in the funded debt in three years. Total current and working assets are listed as $168,342,026.33. Buy Terre Haute Site Terre Haute, Nov. 30.— The Scherer Theatre Co., with houses at Linton and Clinton, has purchased from J. T. Rousch and the Rousch family a site on Wabash Ave. The company refuses to disclose its plans. Dismiss Cleveland Case Cleveland, Nov. 30. — The Stein- berg vs. Shea overbuying case was dismissed upon evidence today by unanimous vote of the grievance board. The plaintiff had charged in- ability to obtain product of this or any other year for any designated run. The board ruled no proof had been produced that the respondent was guilty of the charges. "Flirtation" Start Makes Warners Grin Warner executives went into a smile cycle yesterday when tele- graphed reports on opening day en- gagements of "Flirtation Walk" con- vinced them the new Powell-Keeler musical is in the big money division. New house records were advanced for the picture by the company and the following highlights reported by the home office on Thanksgiving Day engagements in scattered spots : Albany — Opening day's take was $2,647, topping "World Changes," "Footlight Pa- rade" and "Wonder Bar." Akron, O.— Strand played first day Thanksgiving to smash business, ahead of "World Changes," "Footlight Parade" and "Wonder Bar." Bridgeport, Conn. — Cameo reports busi- ness way ahead of "Footlight Parade" and "Wonder Bar." Charleroi, Pa.— Coyle broke 42-year house record for opening day (Thursday). Cleveland — Thanksgiving Day was first full day at Hippodrome and grossed $4,- 098, which is big and way above "Foot- light Parade" and "Wonder Bar." New Haven — Roger Sherman topped gross of previous Thanksgiving Day by 50 per cent for a smash take. Philadelphia — Stanley had biggest Thanksgiving Day in its history. Grossed $6,995 opening days (Thanksgiving) topping first day of "Footlight Parade" and "Won- der Bar." Plainfield, N. J— Walter Reade sent following wire to A. W. Smith, _ Jr. — "I cannot resist opportunity to send wire call- ing attention to gross at the Strand. Never grossed as much money in one day since Spanish War." Youngstown, O. — Warner here did best Thanksgiving Day's business in years. Worcester, Mass. — Opened at Warner topping receipts recorded on Thanksgiving Day of last year by $97. Stage Show Return Set for St. Louis St. Louis, Nov. 30.— F. & M. will start stage shows at the Ambassador on Dec. 7, according to Charles Kurtz- man. A 20-piece orchestra will be assembled under the direction of D'Ar- teaga. Negotiations with the union have been on and off for a period of six weeks. The St. Louis may be re- opened, it is said, for roadshows and traveling musicals. Group of Four ToRunRKO's British Sales MOTION PICTURE DAILY Looking 'Em Over {Continued from page 1) in the Royal Flying Corps during the war and port representative in London for the U. S. Shipping Board for two years. Leishman was with Universal for approximately 12 years, his various posts there including that of assistant to the treasurer, chief auditor of exchanges, assistant to the general sales manager, the manager of American exchange operations and home office representative in Europe. Latterly, he has been representing Radio in the Far East and as general European representative for that com- pany. Ralph Hanbury has been sales mana- ger for Radio in England for several years. He will be in active charge under the new setup, but Leishman will be the final word on British activi- ties. Frank Tilley, was one-time editor of Kinemato graph Weekly of London. Since holding that post, he has been identified with production, but more particularly with publicity and adver- tising, Currently, he is publicity di- rector for British Radio. Dawson is secretary of the English distributing company. "The Secret Bride" {Warners) wiS nirelv iV* With,a P°Htical ba<*ground. It moves rapidly, vvith a nicely balanced cast and some fine photography. ft t,, F?lfd el°Pes with the attorney general of the tnl t^lTtl^ ham)-Jhey rCtUrn after a J'ustice of th^ Peace wed- thaf a man wfc^ b er>?0r ^ ™Peachment because it has b4en learned mat a man whom he has pardoned has committed suicide after his secre- tary has deposited $10,000 to the governor's private account thif^L ^ 15 convinced her father has been framed. Acting on this theory she gets her husband to retain an incriminating letter found m the dead man's files. The plot complications develop rap id Tas nT tnV /0"fi^,al investigator (Douglas Dumbrille) is murdered FarrelD ' ^ he ^ WiIHam'S Secretary who is accused of murder, the secret mar- riage is bared by Miss Stanwyck, who comes to the girl's defense A?the governor is about to be impeached Grant Mitchell, icretary "o the dead man, who had been pardoned, confesses he is the killer of DumbriUe Sd is in on a plot to ruin the governor K J,hC ltuations are developed for all the suspense there is in them Better than average entertainment. Production Code Seal No 384' Running time, 65 minutes. "G." Denies Predicting Television on Jan, 1 "I have made no such statement to radio dealers at the Pennsylvania nor to anyone else," declared David Sar- noff yesterday in denying the report published in Motion Picture Daily on Tuesday that home television sets will be ready for installation begin- ning Jan. 1. Sarnoff stands by his comment on television made in his annual report to RCA stockholders on Feb. 24 of this year when he declared: "It has been the policy of the man- agement to refrain from definite pre- diction as to the time when television might be brought from the research laboratory and offered on a commer- cial _ basis _ to the American public. While it is impossible to anticipate the exact time when this development can be introduced on an industrial basis, it may nevertheless be said that the progress made by the corporation's laboratories and engineers, especially during the year under review (1933), has brought us much nearer the goal,' when transmission of sight will sup plement transmission of sound." "Life in the Congo (Kinematrade) Another of the African adventure films. This one furnishes little that ™, F°r most part it is the record of a safari into the gorilla country of the K1VU Mountains of Darkest Africa. The climax of the picture, which was made by the Ben Burbridge expedition Ta^nS hunt in which several young specimens are captured aliv and ano her of huge proportions is slain. dnumer This portion of the film contains the only really exciting scenes to be found in the entire footage. S De What precedes is simply a collection of routine shots of wild beasts native life and customs and the long, arduous trek through the iunSe with a couple of animal combats thrown in for good measure The gorilla scenes come too near the close of the picture to retrieve' "Life in the Congo from mediocrity. The picture further suffers from poor photography and recording that is equally bad. The production has been provided' with a mentary that might have been better. s No code seal. Running time, 60 minutes. "G." Saturday, December I, 1934 "Happiness" At $33,000, Boston High Boston, Nov. 30. — "Pursuit of Happiness" at the Metropolitan was high for the week, taking in $33,000, or $5,000 above average, while Keith's went to $9,500, or $3,500 above its usual take, with "Great Expectations." Loew's State was $3,000 above par $16,000, with "We Live Again." ' Total first run business was $108 500 Average is $94,000. Estimated takings for the week end- ing Nov. 22 : "GAMBLING" (Fox) BOSTOX-(2,900), 25c-S0c, 7 days. Vaude. Gross: $18,000. (Average, $16,000) "365 NIGHTS IN HOLLVWOOD" (Fox) FIREBIRD" (Warners) ; &m^VfkY~Q'm)J^3Sc' 7 tey*. Gross: $10,000. (Average, $9,000 ) "GREAJ EXPECTATIONS" (Unhr.) $19,300. (Average, $16,000.) "WE . LIVE AGAIN" (U A.) rL°E^'nS^TATE-(3-70°)- 35c-»c. 7 day,. Gross: $19,000. (Average, $16,000 ) "PURSUIT OF HAPPINESS" (Para.) METROPOLITAN - (4,350), 30c-65c, J £7™ A?atoIe's Affairs of 1935." Gross: $33,000. (Average, $28,000.) '365 NIGHTS IN HOLLYWOOD" (Fox) "THE FIREBIRD" (Warners) rARAMOUNT-(l,800), aOoSfcTV days. Gross: $9,000. (Average, $9,000.) Delays Pickford Ruling Decision was reserved yesterday by Frederal Judge Robert P. Patterson on the motion of Arthur F. Driscoll Mary Pickford's attorney, for a writ to restrain Edward Hemmer from offering purportedly scandalous evi- dence to back his $250,000 suit for services (( he claims he rendered the actress "as her manager and advisor from 1913 to 1920." Goodrow to 1st Division New Orleans, Nov. 30.— F. F. Goodrow, who for sometime past has been operating Goodrow Attractions, has been appointed exchange manager for First Division in this territory. | Canada Legion Move Spreads to the West (Continued from page 1) diocese to sign pledges and to act ac- cordingly. Churchmen of other de- nominations have also become agitated and have drawn up a slightly different form of pledge. In the Maritime Provinces, how- ever, the statement has been issued from a church source that the Legion of Decency will not be organized there "because there is no need for it." Premier M. F. Hepburn of On- tario showed distinct signs of wrath when lists of films were published for the guidance of the faithful, one group being tagged "not appropriate." "If the Legion of Decency wants to advertise a picture, let them advise people not to see it," the Provincial premier exclaimed hotly. "That's the best way to get people to go and see it." Hepburn declared he had had no communication from the legion re- garding his plans. "All I know about it is what I have read in the papers." Regarding censorship in Ontario, he asserted that the new board had given complete satisfaction. "So far, we have had no call whatever to interfere with the judgment of the board itself " he added. Chicago Publicity Men Join an Ass'n. Chicago, Nov. 30.— Publicity rep- resentatives from various branches of the amusement field have virtually completed formation of a new organ- ization, the Chicago Amusement Pub- licists Ass'n, or CAPA as it hopes to become known. The need for such an organization resulted from the recent Film Relief Dinner Dance when the film folks re- ceived exceptional cooperation from newspapers and other agencies. Among the purposes set forth in a proposed charter are the following- To establish a higher standard of conception and subsequent publication of publicity material; to exchange ideas for the betterment of the amuse- ment field; to foster publicizing of legitimate and meritorious events- to foster closer contact between allied amusement publicists; to cooperate in every way to publicize the City of Chicago as the leading amusement center. Members so far include Duke Hickey, Universal; Herb Elisburg A,,S-arieSS^,Theatres; Lou Abramson! Allied Theatres of Illinois; Larry Stein, Warner Theatres ; Fritz Blocki Jones, Linick & Schaefer; Fred Bar- tow, M-G-M; Ted Weber, Daily Admitted to Federal Bar in Philadelphia Philadelphia, Nov. 30.— An inter- esting sidelight at the Harry Perel- man double features case before Judge George A. Welsh in Federal court, was the admittance of Mrs. Jeanette Cohen to practice law in the Federal court here. The ceremony was a complete sur- prise to Mrs. Cohen, who practices law under her maiden name of Jean- ette Willensky. As private counsel for the ( Independent M. P. Exhibitors Assn, which is vitally interested in the Perelman case, she was sitting in the courtroom as spectator when Benjamin M. Golder, attorney for the plaintiffs in the case, suddenly moved that the Court permit her to be en- rolled as an attorney in the Federal courts. Judge Welsh acquiesced and administered the oath. She was for- merly Golder's secretarv when he was a member of Congress. Mrs. Cohen, or Miss Willensky, as she is known in legal circles, is the wife of Dr. David J. Cohen, of Over- brook, and is the mother of a three and a half year old daughter. Pathe Gets Refund Washington, Nov. 30.— A refund to Pathe Exchange, Inc., of New York, of $89,945 on its 1924 tax re- turn has been ordered by the Internal Revenue Bureau. Tunes; Sam Clark, Warners ; Al Sob- ler, Medinah Michigan Ave. Club; Oscar Schenk, Chicago American; Al Fuller, Palmer House ; Dan Goldberg Variety; Nat Green, Billboard; John Joseph, RKO ; Joe McKeown, Schoen- stadt Theatres; Cal Hermer, Box Office; William K. Hollander, B. & K.; Harry Holmquist, Motion Pic- ture Daily, and others. Headquarters have been established at the Congress Hotel. _ 1 The Leading rap Picture Industry MOTION PICTURE DAILY Alert, Intelligent the In in All Branches VOL. 36. NO. 130 NEW YORK, MONDAY, DECEMBER 3, 1934 TEN CENTS Work on Plan For Para. Is In Final Rush Expect to Have It Ready For Court Today Final work on the Paramount Pub- bx reorganization plan was rushed :hrough the week-end with attorneys working all day Saturday and Sun- bdy in an effort to have the plan ready for filing with the Federal court some :ime today. Week-end indications were that the work would be completed and copies li the plan off the presses by late to- |day. A slight hitch in the routine, however, could delay filing of the plan until tomorrow, it was stated. The week-end work on the plan was largely that of copy reading and the correct- ling of proofs, the actual content of ithe plan having been set late last week. Regardless of the actual filing of the plan, the Paramount Publix trustees, (Continued on page 4) Para, Bonus Suit Move Coming Soon A Federal court procedure by the Paramount Publix trustees to recover more than $3,000,000 paid in cash bo- nuses in 1929 to Adolph Zukor, Jesse Lasky, Sidney Kent, Sam Katz, Ralph Kohn and B. P. Schulberg will be inaugurated this week. The bonus agreements on which the action will be based provided for payment to Zukor and Lasky of a seven per cent dividend after payment to common stockholders of a $4 divi- dend; five per cent to Kent and Katz (Continued on page 4) Sunday Opening Up Again in Hartford Hartford, Dec. 2. — Another public hearing on whether theatres shall be allowed to open at 2 P.M. Sundays will be held this week by the Board of Aldermen. The aldermen expect to act on the proposal on Dec. 10. A proposal for Sunday opening was tabled at the meeting held Nov. 12. ITO A- Allied Tieup Prospect Held Dim There is very little hope that the I.T.O.A. will affiliate with Allied. According to Allied leaders, the I.T.O.A. must come within certain specifications before it will be con- sidered for membership in the national (Continued on page 7) Louisiana Two -Year Debt Law Has Many Limitations New Orleans, Dec. 2. — Huey Long's two-year debt moratorium law doesn't mean that anybody can refuse to pay bills for two years, it develops, and film executives are breathing easier. In fact, the law doesn't even apply to debts contracted since the passage of the act. Anybody who wants to take advantage of the act for old debts has to prove he can't pay. Administration of the law will be in the hands of State Bank Examiner Jasper S. Brock. He is a big business man and has held his post under five governors. Both debtors and credi- tors must appear before him. Industrialist Washington, Dec. 2. — Under Sol A. Rosenblatt's new post as compliance director of the NRA, he has approximately 1,600 people on his staff with a monthly payroll of $340,000. Since this became known the fre- quently heard remark : "Well, I won't be paying you anything for the next two years" has sounded less ominous. The act is now in effect, but the (Continued on page 4) Confab Nears To Designate Union Scales Compliance Director Sol A. Rosen- blatt is expected to call a meeting in New- York Friday of union, indepen- dent and circuit theatre heads for con- ference to set up a basic wage scale fpr this territory. Now on the coast straightening out studio problems, Rosenblatt is due to return to Washington on Wednesday. On Thursday he is expected in New York to attend the regular Campi session. After the Code Authority meeting, Rosenblatt is expected to stay over a day for the union confabs. About two weeks ago, the fact-find- ing committee, appointed by Rosen- blatt some time ago to make a survey of local conditions, reported to Washington its findings. It is now up to the compliance head to set up the basic scale. From some reports, it is held that small houses will have to pay about (Continued on page 7) Rosenblatt Fights to End Coast Deadlock Hollywood, Dec. 2. — Compliance Director Sol A. Rosenblatt is continu- ing his conferences with key men on both sides in the tussle between pro- ducers and actors and writers over a code of fair practice, with nothing thus far taking sufficient form to war- rant a statement. General opinion here is that unless writers and actors modify their demands the deadlock will continue. Signal Corps Worries Over War Negative Washington, Dec. 2. — Loss of in- valuable negatives made during the World War unless action is taken to duplicate them is seen in the rapidly aging stock now in possession of the U. S. Signal Corps. ' Nearly 1,500,000 feet of negative and postive, not all of which has yet been classified, is in the fireproof, tempera- ture-controlled vaults of the corps' lab- oratory. Some of the material has been shown to the public as part of the features made by many producers, but some of it has never seen the light since it was developed. Need for an appropriation of about $35,000 for protection of these films has been laid before the Budget Bu- reau in the hope that funds would be provided in the next War De- partment appropriation bill. Several attempts have been made in the past to secure money, but the picture situ- (Continued on page 7) Nickel Scales Win Ruling in Buffalo Buffalo, Dec. 2. — A move to wipe out five-cent admissions here has been temporarily lost by a decision of the grievance board dismissing the com- plaint of Nicholas J. Basil, head of Basil Bros., against the Senate, Allen- dale, Jubilee, Circle, Marlowe, Unity, Orpheum, Plaza and Ellen Terry the- atres. The board ruled the complaint was improperly set up and presented. (Continued on page 7) New National Theatre Group Being Talked Progress Depends U pon Exhibitor Attitude Plans for a new national exhibitor organization are being formulated by a number of independents here. Crys- tallization depends on cooperation from theatre men throughout the country. According to exhibitors working on the latest idea to establish a new coun- trywide independent organization, the country will be divided into Congres- sional districts with an exhibitor leader in each state for every con- gressman. Support for the "little man" will be sought. Leaders in each state will contact their congressman and also form or- ganizations to operate within their own states. Both Allied, M. P. T. O. A. and independent units will be ap- proached. Both the I. T. O. A. and Allied in New York have been broached on the plan. Nothing definite has yet been (Continued on page 4) Metzger Quits BIP; In Theatres, Liquor Los Angeles, Dec. 2. — Lou B. Metzger has severed his connections with John Maxwell as American rep- resentative for British International. The arrangement is entirely amicable, Metzger having determined the step because of acquisition of another the- atre property to run in conjunction with the Spreckles, San Diego. He is now also active in the liquor business here. Tax Rule Given on Sound Installation Washington, Dec. 2. — Expendi- tures for the transportation or instal- lation of sound equipment in theatres may be capitalized as part of the cost of the equipment itself, it is held by the U. S. Board of Tax Appeals in a decision upholding the action of the Century Circuit, Inc., of Delaware. It is also ruled that such equipment may be amortized over a period of five (Continued on page 4) Equipment Firms to Test U. S. Sales Levy A test suit to determine the right of the Department of Internal Reve- nue to collect a five per cent sales tax on sound reproducing equipment (Continued on page 4) MOTION PICTURE DAILY Monday, December 3, 1934 MOTION PICTURE DAILY (Registered U. S. Patent Office) Vol. 36 December 1934 No. 130 Martin Quigley Editor-in-Chief and Publisher MAURICE KANN Editor JAMES A. CRON Advertising Manager Published daily except Sunday and holi- days by Motion Picture Daily, Inc., sub- sidiary of Quigley Publications, Inc., Martin Quigley, President; Colvin Brown. Vice-President and Treasurer. Publication Office: 1790 Broadway, New York. Telephone Circle 7-3100. Cable ad- dress "Quigpubco, New York." All con- tents copyrighted 1934 by Motion Picture Daily, Inc. Address all correspondence to the New York Office. Other Quigley pub- lications: MOTION PICTURE HERALD BETTER THEATRES, THE MOTION PICTURE ALMANAC and THE CHI- CAGOAN. Hollywood Bureau: Postal Union Life Building, Vine and Yucca Streets, Victor M Shapiro, Manager; Chicago Bureau: 407 South Dearborn Street, Edwin S. Clif- ford, Manager; London Bureau: Remo House, 310 Regent St., London, W. 1, Bruce Allan, Representative. Cable address: "Quigpubco, London"; Berlin Bureau: Berlin - Tempelhof , Kaiserin - Augustastrasse 28, Joachim K. Rutenberg, Representative; Paris Bureau: 19, Rue de la Cour-des- \oues, Pierre Autre, Representative; Rome lureau: Viale Gorizia, Vittorio Malpassuti, Representative; Sydney Bureau: 102 Sus- sex Street, Cliff Holt, Representative; Mex- ico City Bureau: Apartado 269, James Lockhart, Representative; Glasgow Bureau: 86 Dundrennan Road, G. Holmes, Repre- sentative; Budapest Bureau: 3, Kaplar-u, Budapest, II, Endre Hevesi, Representa- tive; Moscow Bureau: Civtzev Vrazhek, N. 25, Apart. 146, Moscow, U. S. S. R., Bella Kashin, Representative. Cable ad- dress: "Samrod, Moscow." Entered as second class matter, January 4, 1926, at the Post Office at New York City, N. Y., under Act of March 3, 1879. Subscription rates per year: $6 in the Americas, except Canada $15 and foreign $12. Single copies: 10 cents. Extend RKO Listing The governing committee of the N. Y. Stock Exchange has given an ex- tension of two years from Dec. 1, 1934, to Dec. 1, 1936, to RKO for listing a balance of 1,740,000 shares of common stock. First authority for the listing was granted under application A-9855. Meyers an Associate Hollywood, Dec. 2. — Zion Meyers, who left Columbia recently to become assistant to Pandro Berman at Radio, moves up to associate producer fol- lowing completion of "Roberta," which Berman is supervising. "Ahoy" Showing Tonight "Jack Ahoy," the G. B. musical starring Jack Hulbert, will be shown tonight for charity at the Ritz-Carl- ton with tickets selling for $10 each. The showing's proceeds will go to the Travelers' Aid Society. Pert Kelton to Tour Hollywood, Dec. 2. — Pert Kelton will take a leave of absence from RKO on Dec. 15 to make a series of personal appearances in various key cities. Opening for Charity London, Dec. 2. — The opening per- formance of "The Iron Duke" at the Tivoli Friday night grossed £7,285 (approximately $36,425), all of which went to charity. Insiders' Outlook CIGNS of the times: The Wall like Selznick. who get four thou- ^ Street Journal predicting sand times one dollar a week in better financial statements, mean- salary and yet the company's ing profits, are well up on the earnings record is what it is. horizon for 1934; there's a paper This, it, therefore, seems, is as that usually knows what it is good a time as any to recall what talking, and writing, about. Nick Schenck said in a hand- Earlier: Loew's statement, sans ful of words many months back: comment with the figures provid- "There is nothing in this busi- ing their own sensation, how- ness which good pictures cannot ever, and telling even those who cure. . . . scan quicklv that the year to ▼ Aug. 31, 1934, was better than Pokings into the recesses of the previous twelve months bv this department's memory recall almost $2,500,000. Later: Uni- the yarn, some weeks old now, versal Pictures for the nine of Philadelphia, its houses and months to July 28 showing a net a denial of Harry M. Warner of $77,077. Not much black, vou that he was talking a theatre deal might point out but compare there on a personal basis. The what's happened with a loss of company had no comment to $728,747, same period previous make when asked at the time if fiscal year, for the real slant. Still the palavers tied in with cor- later : Warners, those musical Porate expansion. Now comes a boys, cutting their loss for the court hearing on the advisabil- fiscal year to Aug. 25 by °f se hn£ four houses owned $3,761,234 and exactlv 78 cents, ^y the William Freihofer and or from $6,291,748.46' to $2,530,- Fred Nixon-Nirdlinger estates 513.68. A loss, yes, but also t0 Prove that the Warners— what a gain' corporation, not brothers— were and are interested in such a pur- ▼ chase. Facts, or many of them, , have a way of asserting them- The Loew eye-dazzler. of selves Sooner or later. . . . course, is the standout. Current ^ profitL off/,79'897 com,Pare John S. Roberts, associate su- with $4,034,289 last year and are perintendent of schools in New half of the five-year record of York, has been delving into the '3"*n the net touched $14,- film probIem with those untold 600,032. This is the company, thousands of children who attend let it be told once again, which the public sch00ls verv much in has a producing arm that spends mind As ;s custornary in mat_ and spends com of the realm on ters 0f that sort. Roberts finished its attractions by virtue of what up with a rt It doeg a nice apparently is a pipe line from see-saw and divides the blame the mint in Washington to the equallv with the schools them_ cashiers wicket in Culver City. selves> the producers and that Metros starring personnel, as nebulous butt of most reports: everyone knows; is the most ex- societv at , When Roberts pensive m the industry. It has states> as he does> thj it is men like Mayer and Thalberg to with him. and Ruben cutting in on the ,ehalf of Marshall Square Theatres, )perating the Orpheum, San Fran- :isco, and Harry L. Hartman, oper- iting the Orpheum, San Diego. This petition, filed Saturday, asks :he court to review the case on the ground that the present sale petition ioes not provide for a settlement of ihe suit now pending in which the :laimants are seeking $3,750,000 dam- iges for asserted monopoly of first runs in both cities. A hearing will take place within 10 days. Palmer Gets Right To Fox Met Appeal Leave to appeal from an order of Federal Judge Julian W. Mack deny- ing Archibald Palmer, counsel, the right to examine members of the bondholders' committee of Fox Met- ropolitan Playhouses under Section {Continued on page 2) Dependable film delivery by members of National Film Carriers, Inc. — -Adv. Paramount's New Setup Goes Before the Court Para. Trustees Sue K.,L. On Employes 9 Stock Sale Kuhn, Loeb & Co., former Paramount bankers, yesterday were named in an action instituted in Federal court by the Paramount Publix trustees, who were granted leave by Federal Judge Alfred C. Coxe to compel officers of the banking house to account for any profits made by them in connection with their participation in the Paramount employes' stock purchase plan. The step came as a surprise and may result in sensational develop- ments if and when the action comes to trial. It was reported the suit may have a determining influence in future financial participation of Kuhn, Loeb in Paramount. In addition to the action against Kuhn, Loeb, the trustees were also authorized to proceed with actions for an accounting from former direc- tors and officers of Paramount for similar participation in the employes' stock purchase plan and for the payment of salaries and bonuses to officers named in excess of a "reasonable" amount. Named in the complaint are Felix M. Warburg, Jerome J. Hanauer, Gordon Leith, George W. Bovenizer, Lewis L. Strauss, Sir William Wiseman, Roger W. Kahn, Addie W. Kahn, Gilbert W. Kahn (as ex- ecutors for Otto H. Kahn), and John Mortimer SchifF, Casimir I. Stralem and Warburg (as executors for Mortimer L. Scruff), all repre- senting Kuhn, Loeb associates. Former Paramount officers and directors named were Frank A. Bailey, Jules E. Brulatour, Gayer G. Dominick, Harold B. Franklin, {Continued on pane 4) Feist Favors Quick Move in K.C. Rate War Kansas City, Dec. 3.— If Kansas City is to have a price war, Felix F. Feist, general sales manager of M- G-M, is in favor of an intensive one, "to get it over with quickly," he said during a stopover here Sunday en route from the coast. "All I know is what I have read in the trade papers, as I have been away from my office a number of weeks," he said. "But if Kansas City theatres are determined to cut admissions, let them all do it at once, because the next move will be price increases." Feist characterized as "stupid" the movement under way among local in- dependents to boycott M-G-M and other distributors furnishing product to first runs which cut prices too deep- ly. He said such a move would not {Continued on page 6) Charge Duals Cut Quality, Kill Shorts Philadelphia, Dlec. 3. — A strong battery of New York film executives, bulwarked by local exchange mana- gers representing practically all ma- jor companies, today gave it as their opinion double features resulted in poorer and cheaper pictures and were killing off the short subject field. The opinions took the form of testimony in the resumed trial of the Perelman suit aimed at the alleged clause in exhibitor-distributor contracts ruling off double features in local theatres. J. Robert Rubin and William F. Rodgers represented M-G-M ; Ned Depinet and William Youngman, RKO ; Earle W. Hammons, Educa- tional ; Al Lichtman and Edward Raftery, United Artists; A. W. Smith, Jr., and Harold Bareford, {Continued on page 6) Hearing Set for Dec. 27 At Which Creditors Can Object The reorganization plan for Para- mount Publix was presented to the Federal court yesterday in the name of the company and with the support of all of the large bondholder, stock- holder and creditor committees. A hearing on an order to show cause why the plan should not be placed in effect was set for Dec. 27 by Judge Alfred C. Coxe, at which time creditors will be given an oppor- tunity to register objections to the plan. In its final form, as presented to the court yesterday, the plan is un- changed in any major details from earlier drafts made available to credi- tors during the past few weeks and published from time to time in Motion Picture Daily. Salient provisions of the plan con- template settlement of the claims of holders of the old debentures in the {Continued on page 4) BIP-First Division Still Talking a Deal By BRUCE ALLAN London, Dec. 3. — A reciprocal deal between British International and First Division admittedly is under way, but, according to Arthur Dent of the former company, it is "some way" from agreement. In the interim, there will be no successor named to fill the post just vacated by Lou B. Metzger. Dent told Motion Picture Daily today that the parting was amicable and was predicated largely on Metz- ger's desire to devote his time to his theatre business. Report M-G-M Seeks To Drop Astor Deal M-G-M is dropping the Astor and Walter Reade, who recently leased the house to the distributor for 10 years starting Jan. 1, 1935, is negotiating a settlement, it is understood. The house has been dark since "The Merry Widow" bowed out recently after a four-week run. Originally slated for a two-a-day, "David Cop- perfield" has been booked into the Capitol for Christmas Week. M-G-M's next big attraction is "Sequoia," which, like "David Copperfield," goes into the first run M-G-M house. MOTION PICTURE DAILY MOTION PICTURE DAILY (Registered U. S. Patent Office) Vol. 36 December 4, 1934 No. 131 Martin Quigley Editor-in-Chief and Publisher MAURICE KANN Editor JAMES A. CRON Advertising Manager Published daily except Sunday and holi- days by Motion Picture Daily, Inc., sub- sidiary of Quigley Publications, Inc., Martin Quigley, President; Colvin Brown, Vice-President and Treasurer. Publication Office: 1790 Broadway, New York. Telephone Circle 7-3100. Cable ad- dress "Quigpubco, New York." All con- tents copyrighted 1934 by Motion Picture Daily, Inc. Address all correspondence to the New York Office. Other Quigley pub- lications: MOTION PICTURE HERALD, BETTER THEATRES, THE MOTION PICTURE ALMANAC and THE CHI- CAGOAN. Hollywood Bureau: Postal Union Life Building, Vine and Yucca Streets, Victor M. Shapiro, Manager; Chicago Bureau: 407 South Dearborn Street, Edwin S. Clif- ford, Manager; London Bureau: Remo House, 310 Regent St., London, W. 1, Bruce Allan, Representative. Cable address: "Quigpubco, London"; Berlin Bureau: Berlin - Tempelhof , Kaiserin - Augustastrasse 28, Joachim K. Rutenberg, Representative; Paris Bureau: 19, Rue de la Cour-des- Noues, Pierre Autre, Representative; Rome Bureau: Viale Gorizia, Vittorio Malpassuti, Representative; Sydney Bureau: 102 Sus- sex Street, Cliff Holt, Representative; Mex- ico City Bureau: Apartado 269, James Lockhart, Representative; Glasgow Bureau: 86 Dundrennan Road, G. Holmes, Repre- sentative; Budapest Bureau: 3, Kaplar-u, Budapest, II, Endre Hevesi, Representa- tive; Moscow Bureau: Civtzev Vrazhek, N. 25, Apart. 146, Moscow, U. S. S. R., Bella Kashin, Representative. Cable ad- dress: "Samrod, Moscow." Entered as second class matter, January 4, 1926, at the Post Office at New York City, N. Y., under Act of March 3, 1879. Subscription rates per year: $6 in the Americas, except Canada $15 and foreign $12. Single copies: 10 cents. B. F. Sharick Passes B. F. Sharick, father of Andrew H. Sharick of Universal, is dead at the home of another son, Edmund Sharick, in Buffalo. He had been a stock farmer all his life and was 96 years old. Andrew Sharick has gone to Buffalo to attend the funeral, which takes place today. Two daughters, Flora Griswold and Mildred Miller, also survive. William Watson Buried Cleveland, Dec. 3. — William Wat- son, former manager of the Warner Hippodrome, who died last Wednes- day at his home here, was buried in Starkville, Miss. Gets Steele Westerns Guaranteed Pictures, Co., Inc., has acquired foreign distribution rights to eight Bob Steele westerns • being produced by A. W. Backel for Su- preme Pictures. To Open in Springfield Harry C. Arthur plans to open the Art, Springfield, Mass., on Christmas. The 1,000-seat house is being remod- eled and Charles C. Caballero will manage. Cantor Big in Columbus Eddie Cantor's "Kid Millions" set a record at the Ohio in Columbus by grossing $8,400 in the first three days of its run there, it is reported by United Artists. Palmer Gets Right To Fox Met Appeal (Continued from page 1) 21-A of the Bankruptcy Law was granted yesterday by Circuit Court Judge Martin Manton. Palmer will seek a preference on the Circuit Court calendar tomorrow for the argument of his appeal. As counsel for Fox Met bondholders who have not deposited with the commit- tee, he is seeking the right to ex- amine the committee members, he said, to determine whether a single banking group dominates the commit- tee and to bring out the business affiliations of the members. Roach Opens Office Here Hal Roach has opened his own office in the Loew Building on the ninth floor. He was slated to arrive last week from Culver, Ind., where he visited his family, but when he reached Chicago, Roach decided to fly back to the studio. D. A. Ross Is Married Densmore A. Ross, vice-president of Ross Federal Service, Inc., was married on Saturday to Grayce Naomi Ruland of Jackson Heights at St. Paul's Church, New Rochelle. Royster to New Post Harry L. Royster, formerly in charge of Paramount's Southohio The- atres Corp., is due here in about a week to be reassigned to a new the- atre post by Y. Frank Freeman, vice- president of Famous Theatres Corp. Elsie Ferguson Returns Hollywood, Dec. 3. — Elsie Fergu- son will return to pictures as a mem- ber of the cast of "Becky Sharp," which John Hay Whitney is produc- ing in the new-process Technicolor. "Don Juan'* Set Back "The Private Life of Don Juan" will open at the Rivoli on Saturday instead of Wednesday. "Baboona" in January Fox will release "Baboona," the latest Martin Johnson jungle film, some time in January. London Films to Do "Lawrence" in Color London, Dec. 3. — "Lawrence of Arabia" will be the first picture which London Films will make in Colour- gravure. Production gets going in June. Terms of the deal between the two companies are now available. London Films acquire 100,000 shares of Colourgravure stock priced at 25 cents a share and an option to buy 26,000 additionally at 50 cents a share. Gerrard, in turn, gets 100,000 of $5 six per cent cumulative income deben- tures of London, these shares carry- ing rights to be converted into de- ferred ordinaries. London agrees to pay Gerrard a quarterly royalty on films made in the color process. Fashion shots in the current issue of Pathetone Weekly are latest ex- amples of Colourgravure which B.I. P. used in "Radio Parade." The results are viewed as promising, but uneven. YocaUlm Motion Argued Motion to prevent A. T. & T., Western Electric and Erpi from fil- ing an amended answer in the $65,- 000,000 anti-trust suit of Vocafilm Corp. of America was argued yester- day before Federal Judge John C: Knox. The matter is being held under advisement by the court. May Increase Dividend Wall Street reports are that direc- tors of Loew's at tomorrow's meeting may increase the annual dividend rate on the common from $1 a share basis to $2 a year through the declaration of a quarterly dividend of 50 cents or else pay $1 a share extra. "Galante" Gets $10,500 Second week of "Marie Galante" at the Mayfair garnered $10,500. Gross- ing $20,000 Friday, Saturday and Sun- day of the second week, the Roxy is holding "Imitation of Life" for an- other stanza. Signs Jan Kiepura Paramount has signed Jan Kie- pura, star of "Be Mine Tonight," the deal having been closed in Berlin on Saturday, it was learned yesterday. He comes over in May. Tuesday, December 4, 1 93* High Court to Rule Upon Uniform Pact {Continued from page 1) Mueller, Minnesota exhibitor, con tracted for 46 pictures at a cost a $1,837 and refused either to accept play or pay, contending that the con" tracts were the result of combinatici and conspiracy in violation of th anti-trust law and in restraint o trade. Suit was brought by Fox for collecj tion, and both the trial court and th« Minnesota Supreme Court held tbl contracts illegal and void. In bringing the case to the highesj tribunal, Fox asked the court to pas on the effect of its decision in Xh. Paramount case and render a nev opinion on the legality of modified types of the standard license agree) ment adopted after Judge Thache] had declared the old form, including! the arbitration clause, to be outlawed The court, it was argued, should announce whether it intended thl Paramount decisioin to hold the enJ tire contract illegal, whether the ille] gality of the arbitration provision "tainted or infected" the entire docu ment, whether the decree was in I tended to save other rights under th contract, and whether it intende< to deprive both parties of al further rights and obligations. Cites Original Decision In its decision, the Fox brief con tended, the Minnesota Supreme Cour admitted that only the arbitratioi clause was illegal and that the re maining provisions were enforceable but subsequently held that the "ille gal arbitration clause taints the whol contract with illegality," a determi nation which, it is claimed, is not i; accordance with the original deci sion. Other decisions, some by the high est state courts and others by Fed eral courts, have held that the illega arbitration provision, did not make th entire contract void, it was argued the brief pointing out that there ar still many outstanding contracts, bu that the provision for arbitration haeal to Washington, but whom the ap- )eal will be directed at in view of the act that one of the principal figures if the NRA has been here to un- :angle the problem is not clear. Rosenblatt left today without a Solution of the dispute. The guilds lave taken a definite stand against :he producers' suggestions that a lew arbitration council be set up. rhe guild members contend this night interfere with their aims and ire talking of setting up a council of their own with no producer repre- sentation. M-G-M to Make All Changes Breen Asks Hollywood, Dec. 4. — M-G-M will make all cuts suggested by Joseph I. Breen, head of the Production Code Administration, for "Forsaking All Others," it is understood. He will view it a second time. Word from the studio is to the effect that the script was approved before shooting started and was fol- lowed, but Breen thought certain scenes were on the border line of code requirements. Retakes are being made on these. Sam Wood Has Plans For His Own Films Sam Wood may produce on his own after he completes a one-picture con- tract with Reliance. He talked to Erpi officials prior to leaving the (.Continued on page 10) China in Jersey After a survey of the big- gest box-office attraction of the week, Allied of New Jersey yesterday reported that dishes — 11-inch ones — rated first. Exhibitors held there was no preferred playing time in- volved and business was up 300 per cent above average. Supreme Court Hearing About Jan. 14 Seen for Tri-Ergon Washington, Dec. 4. — At the speed which the United States Su- preme Court is making in disposing of the cases before it, it was anticipated today that an oral argument on the Paramount Publix Tri-Ergon suit would be reached about Jan. 14. The case has not yet been placed on the calendar, but will prob- ably be scheduled when the court reconvenes from the Christmas recess which it will probably announce Dec. 17. Cut in Extras Code Gain on Coast — Flinn Chicago, Dec. 4. — Improvement in the extra situation is the outstanding development under the code adminis- tration in Hollywood, said John Flinn, secretary of Code Authority, here to- day during a stopover en route to New York. Under the direction of Mabel Kin- ney, west coast code executive, the extra list has been pared from 17 or 18 thousand registered extras to 2,000, he said. Beginning early in January, these will be given the bulk of the work by studios. Others will be on the reserve list for calls when needed. Under the system formerly prevail- ing, Flinn pointed out, there has been (Continued on page 8) K. C. Cuts Danger Downtown — Finney Kansas City, Dec. 4. — Further price cuts will lead to the ruin of downtown first runs, asserts William A. Finney, Loew's western division manager with headquarters in Colum- bus. Finney said that the cut to 15 cents and 25 cents in the balcony at Loew's (Continued on page 9) Infringement Suit Is Filed by Disney Walt Disney and his various cor- porate enterprises yesterday filed a suit in Federal court alleging infringe- ment and violation of copyrights against T. Schein & Co., Inc. He charged the defendant had infringed by either printing or lithographing on cards the various Disney cartoon characters, including Mickey Mouse and those used in the Silly Sym- phonies, and seeks an injunction and an accounting. Efforts to locate J. Schein & Co. for comment yesterday proved un- availing. Seek a Fixed Policy to Bar Free Programs A permanent answer to unfair com- petition in the form of free enter- tainment will be sought by the the- atre industry in meetings to be held in the near future as a direct result of the touring show sponsored by Standard Oil of New Jersey, it was learned yesterday. Code Authority has added its voice to the protest against the Standard Oil exploitation stunt in forwarding to officials of that company a resolu- tion condemning the project as unfair competition to established theatres which jeopardizes high standards for theatre labor established by the code and, through its effect in decreasing (Continued on page 8) Production Gains By Four Features Hollywood, Dec. 4. — Production for the week ending Dec. 1 shows an increase of four features over the pre- ceding week. A drop of four shorts was registered for the same period. The survey shows a total of 36 fea- tures in work, 17 preparing and 44 editing, while in the short subject (Continued on page 10) Warner Proxies Set For Annual Meeting Warners' annual stockholders' meet- ing in Wilmington will take place Dec. 10 as scheduled. The necessary number of proxies is on hand. New directors to replace the five whose terms expire have not been selected for voting, it was stated yes- terday bv the company's legal depart- ment. Up to yesterday, it was not definite whether Harry M. Warner, president, will wield the gavel at the Delaware ^fathering. Elections will be held in New York on Dec. 18. No changes in the executive setup are expected. No Offer for Fox Gaumont Shares — Kent Denies Trip to Europe Was for Their Sale "We have never had an offer to sell our 49 per cent interest in Gau- mont British and there, won't be one," S. R. Kent, president of Fox, told Motion Picture Daily yesterday as he debarked from the Berengaria after a four weeks' trip to England. "I did not go over to negotiate a deal for the sale of the stock and reports that Fox would sell are a lot of publicity inspired by someone," he added. "My trip to England was to hold a sales convention and handle some other routine business. The re- ports that a deal was pending with John Maxwell of B. I. P. were over before I reached England," the Fox head stated. "Business in England is very good," Kent added, "but the rest of the coun- tries are spotty." The Fox chief added he neither signed any talent nor made (Continued on page 9) Texas Price-Fixing Suit Comes Up Today Dallas, Dec. 4. — The major part of Texas show business will be either involved or interested in the hearing tomorrow of the suit filed by R. Z. Glass, independent neighborhood ex- hibitor here, against Karl Hoblitzelle, Interstate Circuit, Inc., R. J. O'Don- nell, Southern Enterprizes, Inc., Pas- chall-Texas Theatres, Inc., and Dent (Continued on page 10) Bank Payoff Starts Spending in Detroit Detroit, Dec. 4. — Crowdi such as have not been seen since pre-depres- sion, or back in the heydays of 1929, jammed Detroit's main stem over the week-end as the citizenry started (Continued on page 10) Exhibitor Relief Kansas City, Dec. 4. — "Re- lief for the starving exhibi- tor" became a fact at a meet- ing of the I. T. O. here when a representative of a baking company with which the as- sociation has a screen adver- tising tieup gave each mem- ber a loaf of bread. MOTION PICTURE DAILY Wednesday, December 5, 1934 MOTION PICTURE DAILY (Registered U. S. Patent Office) Insiders' Outlook Vol. 36 December 5. 1934 No. 132 Martin Quigley Editor-in-Chief and Publisher MAURICE KANN Editor JAMES A. CRON Advertising Manager Published dailv except Sunday and holi- days by Motion Picture Daily, Inc., sub- sidiary of Quigley Publications, Inc., Martin Quigley, President; Colvin Brown, Vice-President and Treasurer. Publication Office: 1790 Broadway, New York. Telephone Circle 7-3100. Cable ad- dress "Quigpubco, New York." All con- tents copyrighted 1934 by Motion Picture Daily, Inc. Address all correspondence to the New York Office. Other Quigley pub- lications: MOTION PICTURE HERALD, BETTER THEATRES, THE MOTION PICTURE ALMANAC and THE CHI- CAGOAN. Hollywood Bureau: Postal Union Life Building, Vine and Yucca Streets, Victor M. Shapiro, Manager; Chicago Bureau: 407 South Dearborn Street, Edwin S. Clif- ford, Manager; London Bureau: Remo House, 310 Regent St., London, W. 1, Bruce Allan, Representative. Cable address: "Quigpubco, London"; Berlin Bureau: Berlin - Tempelhof , Kaiserin - Augustastrasse 28, Joachim K. Rutenberg, Representative; Paris Bureau: 19, Rue de la Cour-des- Noues, Pierre Autre, Representative; Rome Bureau: Viale Gorizia, Vittorio Malpassuti, Representative; Sydney Bureau: 102 Sus- sex Street, Cliff Holt, Representative; Mex- ico City Bureau: Apartado 269, James Lockhart, Representative; Glasgow Bureau: 86 Dundrennan Road, G. Holmes, Repre- sentative; Budapest Bureau: 3, Kaplar-u, Budapest, II, Endre Hevesi, Representa- tive; Moscow Bureau: Civtzev Vrazhek, N. 25, Apart. 146, Moscow, U. S. S. R., Bella Kashin, Representative. Cable ad- dress: "Samrod, Moscow." Entered as second class matter, January 4, 1926, at the Post Office at New York City, N. Y., under Act of March 3, 1879. Subscription rates per year: $6 in the Americas, except Canada $15 and foreign $12. Single copies: 10 cents. L. I. Pool Has 26 Houses Twenty-six theatres are involved in the three-way Long Island pool between Prudential, Century and Skouras circuits. The buying pool is for 10 years with operation to remain with individual circuits. Casey & Wheeler, financially interested in the Prudential houses, also are a party to the arrangement. W. & V. Loss Cut Wilmer & Vincent, Inc., for the year ending July 31, showed a net loss of $278,422 after expenses, in- terest, loss from theatre and realty corporations and other charges were deducted. The loss during the preced ing fiscal year was $394,812. Eastman Pays Extra 75c Rochester, Dec. 4. — Eastman Ko dak Co. has declared an extra divi dend of 75 cents a share in addition to the regular quarterly dividend of $1 per share, payable Jan. 2 to stock holders of record Dec. 5. Laemmle Is Still Sick Carl Laemmle, Jr., yesterday con- tinued to battle the flu and stuck closely to his quarters at the Pierre Feldman Here Next Week Charles Feldman of the Schulberg- Feldman-Jaffee agency on the coast is due from Hollywood next week r> EHIND the actions which the Paramount Publix trustees contemplate bringing against the Kuhn, Loeb & Co. outfit, and present and former officers and directors of Paramount in rela- tion to their alleged participation in the company employes' stock purchase plan and the payment of salaries and bonuses "in ex- cess of a reasonable amount" from 1927 to 1930, are certain obligations and responsibilities which rest with trustees in bank- ruptcy. When remembered, they tend to remove much of the sen- sational character which attaches to the actions at hand. . . One of the first duties fixed upon trustees, who are appointed by the court, makes it mandatory for them to examine all possible means of recovering assets for the estate in their charge. Fail- ing to do so, they may be held remiss in their duty by the court. In pursuing this obligation, the Paramount trustees were advised by their counsel that a "prob- able" cause of action against the Kuhn, Loeb associates and the Paramount officers and directors existed as a result of the stock purchase plan and the payment of salaries and bonuses of pros- perity years' proportions. That probability of a cause of action was sufficient for asking leave of the court to require account- ings of the 24 individuals named. . . The same factors guided the trustees in the filing of their ac- tion last spring against former Paramount directors who author- ized repurchase of the company's stock at guaranteed redemption prices, which had been issued in the acquisition of theatres. By inaugurating the action the trus- tees performed a fixed and vital duty of their office, although only a "probability" of a- cause of ac- tion existed. . . . T With the reorganization of Paramount at hand, the new com- pany will inherit these actions from the trustees. Whether or not they are ever prosecuted will depend almost entirely upon the attitude of the court of jurisdic- tion in the light of the costs of the prosecution as compared with the probability of any recovery at all, and if so, the probable size of recovery. The principal item of significance about the actions at this juncture appears to be that the trustees have discharged their duty in respect to the mat- ters involved. . . T William Randolph Hearst again, or, at least, his reflection mirrored through the typewriter of an editorial writer on the Chicago Herald and Examiner: "The general character of the films produced in recent months has been immeasurably im- proved and business has im- proved with that improvement. [Immediately prior to which editorial ego at- tempts to credit the Hearst newspapers with having been first, or among the first, to strike out for clean entertain- ment, admitting in vir- tually the same breath that the industry failed to take the hint.] "In fact, there is little or no objection to be made nowadays as to the moral character of the films. "However, a new and an equally serious fault is develop- ing and the Hearst papers warn the producers again that if this fault is persisted in, they may expect even more serious dif- (Continucd on page 10) Loew's Pfd. Off One on Big Board High Low Close Columbia Pictures, vtc 40lA 4014 W2 Consolidated Film Industries VA VA VA Consolidated Film Industries, pfd 18!^ 18'4 183/£ Eastman Kodak \\V/2 WIY* Fox Film "A" WA 14 14 Loew's, Inc 36!4 3534 36V2 Loew's. Inc.. pfd ..104 104 104 Paramount Publix 3% 3% 3§i Pathe Exchange VA VA VA Pathe Exchange "A" 14 13^4 13M RKO w m VA. Universal Pictures, pfd 43 42 42f| Warner Bros 5 4Vg VA Net Change + Y* -ii + li —i + H + Vs - 'A Technicolor Down Eighth on Curb Net High Low Close Change Technicolor 14 13% 13% — Ys Trans Lux 2 2 2 Sales 1.000 700 2.400 7x 1.600 10.800 100 8,300 900 200 900 3.000 3.200 Sales 400 200 Talk New Film Idea In Washington Meet Washington, Dec. 4. — Representa- tives of a number of educational or- ganizations today met behind closed doors with officials of the Federal of- fice of education for the discussion of a proposed new organization to be known as the American Film Insti- tute. The conversations are expected to continue over two or more days. Those attending the conference were reluctant to discuss the matters under consideration. It is understood that the institute vill have as its aim the improvement of programs and the development of a program of educational feature pro- duction which will permit greater use of films for school work. Paramount Broadway Bonds Drop Half High Low General Theatre Equipment 6s '40 &% 77i Loew's 6s '41. ww deb rights... 104% 104 Paramount Broadway S'As '51 44V2, 44 Paramount F. L. 6s '47 60 60 Paramount Publix Sj4s '50 60'/2 60 Warner Bros. 6s '39, wd 6W4 60 Net Close Change Sales VA 44 60 6OY2 60 + Yk + % - Yi + Y* + Ya - Yx St. Louis Skouras Hearings Due Here St. Louis, Dec. 4. — Nelson Cunliff, trustee in bankruptcy for Skouras Brothers Enterprises, Inc., has been authorized by U. S. District Judge Charles B. Davis to institute ancillary proceedings against the company in New York City. The purpose of bringing this action is to make possi- ble the examination of witnesses con- cerning the operations of the company prior to the time it went into bank- ruptcy about a year ago. Certain books and records of the company were kept in New York and some of its officers were residents of New York City. Minister from K. C. To Join Hays Staff Kansas City, Dec. 4. — Resignation of Rev. Irvin E. Deer, executive sec- retary of the Kansas City Council of Churches, has been accepted so that he can join the Hays organization in a public relations post. He will as- sume his new duties in January. At the Hays office yesterday it wasfl stated that Rev. Irvin E. Deer prob- J ably would do considerable field work, I as there had been numerous calls for I speaking engagements. Roosevelt an Ampa Guest i Col. Theodore Roosevelt, Rud) I Vallee, Ethel Merman, Guy Robert i son, Sally Rand, Smith & Dale, Bid< Dudley, Dorothy Francesco, Charle i Irwin, Ruth Davis, Don Alfonso Ze j laya, Roslyn Wells, Otto Harbach i Dolores Reade, Charles Cantor, Jch .1 Nash, Mai Stevens, Al Schact, Anit; ! Kurtin and Cecilia Murray will b j guests of the Ampa tomorrow at th' \\ M. P. Club. Handling Indian Film Reginald Armour, RKO's manag ing director for India and the Middh East, has signed with Himansu-Rai producer of the film "Karma," to dis tribute it through Empire Talkie Dis tributors in the Indian states of Ben gal, Bihar, Orissa, Assam and Burma according to a cable received by Phi Reisman, vice-president of RKO Ex port Corp. No Arliss Reissues Hen Warners declared yesterday ther was no plan to reissue its Georg' Arliss series in the domestic market although this has been determine* upon for England. Holiday JOAN CLARK ROBERT CRAWFORD * GABLE * MONTGOMERY "FORSAKING ALL OTHERS" Previewed to the biggest Coast raves you ever heard: Says the Hollywood Reporter: "'Forsaking All Others' wallop for any box office. Excellent cast in great production. It's a honey. There's no other word for it. It's got all varieties of comedy played by an all star cast giving four star performances." Says Coast Variety: "In the performances of Crawford, Gable and Mont- gomery there is scarcely a shade of preference. All three are superb. Lavish mounting, purposeful and pleasing musical treatment add to picture's class in every department. It should register solid audience satisfaction." with CHARLES BUTTER WORTH, BILLIE BURKE, FRANCES DRAKE, ROSALIND RUSSELL AN M-G-M PRIZE PACKAGE • Directed by W. S. VAN DYKE • BERNARDMH.dHYMAN MOTION PICTURE DAILY Wednesday, December 5, 1934 Penn Democrats in Sunday Show Moves Scranton, Dec. 4. — Lackawanna county's six representatives of the House of Representatives, when they caucus here next Friday night, are expected to discuss plans for the introduction of a bill legalizing Sun- day movies in Pennsylvania. With the House in control of the Democrats, Representatives Munley, O'Neill and Coleman, all Democrats, are said to feel that a Sunday mea- sure would have little if any difficulty in passing the House. The Republicans continue in con- trol of the Senate, but observers say that enough liberal sentiment prevails there to warrant the passage of a bill should one surmount the hurdles in the lower house. The legislature convenes early in January. MPTOA Convention Poll About Ready Polling of M.P.T.O.A. directors on the meeting place for the organiza- tion's next annual convention will be concluded this week with New Or- leans indicated in advance as the choice. The convention would be held just prior to Mardi Gras, next Feb- ruary. Ed Kuykendall, M.P.T.O.A. presi- dent, who arrived in town yesterday to conclude the poll and begin con- vention arrangements starts a new tour of southern theatre centers late this week. His trip will include stop- overs in Washington, the Carolinas, Missouri and Kansas. He has just completed a jaunt in the interests of theatre owners in Arizona, Oklahoma, Arkansas, Louisiana, Mississippi, Ten- nessee and Georgia. Comer ford Back North Scranton, Dec. 4. — M. E. Comer- ford returned today from Warm Springs, Ga., where he was a week- end guest of President Roosevelt. Comerford and his nephew, Frank C. Walker, were introduced on Satur- day night to the audience at the Community Playhouse by President Roosevelt as "the men who made this theatre possible." When it was decided about a year ago to build a playhouse at the settle- ment for infantile paralysis victims at Warm Springs, President Roose- velt turned over the job to Comer- ford. The latter protested, saying he was not an engineer. The President, however, insisted and Comerford, with the help of Walker, went through with the assignment. Korda Acquires "Road" London, Dec. 4. — Alexander Kor- da, production head of London Films, has acquired the screen rights to "The Broken Road," A. E. W. Mason's novel, and will start production in the spring.. United Artists will handle the American release. Milestone to Para. Hollywood, Dec. 4. — Lewis Mile- stone has been signed by Paramount to direct "Two on a Tower," a mu- sical starring Mary Ellis. Mrs. Louis Boyer III New Orleans, Dec. 4. — Mrs. Louis Boyer, manager of the office for the National Screen Service here, is ill in the hospital. Looking 'Em Over "Gambling" (Harold B. Franklin-Fox) George M. Cohan, that "Yankee Doodle" boy, deserves a far better break than the dispensers of celluloid have dished out to him to date. Having had one rather indifferent experience with Paramount, the veteran of many seasons on the legitimate stage is handicapped in his second effort in what is only average entertainment, retarded by a routine story that fails to be lifted by routine direction. He is a gambler, his life wrapped up in an adopted daughter who is never seen in the picture. Found murdered presumably, suspicion shifts and divides itself among three people : the boy the girl was supposed to marry ; Dorothy Burgess, already his wife, and Wynne Gibson. The trial results in an acquittal for the boy, whereupon Cohan turns detective until he discovers who committed the deed, which, eventually, turns out to be an accident. Suspense, presaged by the drift of the story in its earlier sequences, never develops in sizable enough quantity. Then, too, there is little of the imaginative in the direction. While performances, led off by Cohan's, are adequate, the entire mood of "Gambling" somehow or other reminds of another and earlier day in production. Rowland V. Lee, who has many good pictures to his credit, fumbled on this one. Production code seal No. 0181. Running time, 90 minutes. "G." K. "Cheating Cheaters" (Universal) When one group of jewel thieves tries to outsmart another, each be- lieving the other to be honest, there are likely to be some interesting complications. That is just what happens in "Cheating Cheaters," which, however, is scarcely more than fair entertainment because the plot is pretty old and many of its developments are not very difficult to surmise. Among the prominent names in the cast are Fay Wray, Henry Armetta and Minna Gombell. Not so well known, but no less capable, are Cesar Romero, Francis L. Sullivan and Anne Shoemaker. Each of the two gangs thinks the other a wealthy and respectable family group possessing a fortune in jewels. Each goes to work on the other. When the truth is revealed there is surprise all around. Miss Wray is the nemesis in the case. A detective, she joins one of the gangs so that she may get the goods on it. But her work makes it possible to kill two birds with a single stone. Romance creeps into the plot when Miss Wray falls in love with Romero, one of the thieves. In the end she sees the fellow off to jail with a promise she will do all in her power to let him off with as light a punishment as possible. Richard Thorpe directed. Code seal No. 333. Running time, 66 minutes. "G." MOTION PICTURE DAILY* HOLLYWOOD PREVIEW "The Church Mouse" (Warners) Hollywood, Dec. 4. — Produced at the Warner (Teddington) studio in England, this picture serves as a good vehicle for the American debut of Ian Hunter, English actor recently signed to a long-term contract by the company. Swinging into a stride which it never loses to the final fadeout, the picture unfolds as a pleasant comedy well-acted, directed and produced. The story concerns Laura La Plante, an unemployed girl of the ugly duckling type, who forces her way into the private office of Bank President Hunter and sells herself to him as a private secretary. While making herself invaluable to Hunter's business affairs, she gradually develops poise and beauty. Slowly and quite unaware of her conquest, she steals Hunter's heart, ousting one by one the long list of his affairs of the heart. Hunter evidences much charm and should click particularly with feminine fans. Miss La Plante is pleasing as the "church mouse." Jane {Continued on page 10) Committees Chosen To Help Samuelson Two new commmittees were ap- pointed yesterday at the regular Allied of New Jersey meeting in line with the general plan to relieve President Sidney Samuelson of detailed organ- ization work. They are the supply buying committee, composed of Harrj Hecht, and Dave Mate, and financt and dues committee, consisting of David Snaper, Louis Levin and Louis Gerofsky. The code, product and internal problems also were discussed. Levin was chairman yesterday and Snaper will be chairman next week. Following the meeting, Samuelson told Motion Picture Daily that the Xew Jersey unit is a "down-to-exhibi- tor organization, now for down-to- earth pictures." He added that criti- cism from members every week is helping solve the problems of exhibi- tors and a daily job is being done for every member. "We are developing manpower and that's what counts," he added. In three months Samuelson will celebrate 15 years as an active member in the New Jersey association. He and George Brennan were the two organ- izers. He leaves today for New Or- leans to take a short rest and attend the board of directors meeting Dec. 11-12 at the Roosevelt. Abram F Myers will be chairman of the south- ern session. M-G-M Still Leader In Percentage Sales M-G-M sells more contracts or percentage in Greater New York thar any other of the 12 distributors, lat- est weekly analysis of sales policie; by Allied of New Jersey shows. Within the last few weeks, the New Jersey unit has been making ; recapitulation of sales policies of E major and independent companies The purpose is to watch from wee! to week the selling policies for pos sible changes. Paramount, it wa: noted, deviated from straight per centages where the theatre could no afford to continue operation on thi: plan. In the case of M-G-M, stric adherence to percentages is noted. At yesterday's meeting, Paramoun was praised by the unit for diverging from its original percentage edict. Showmen's Pictures Put in Bankruptci An involuntary petition in bank ruptcy was filed against Showmen': Pictures, Inc., independent producei and distributor, in the Federal cour for the Southern District yesterday The three petitioners, represented b: Edwin M. Slote, were J. P. Mulle: & Co. with a claim of over $1,000 George Schmitt & Co., upwards o $37, and Howard S. Hummell, ovei $100. The company against which the pe tition was filed had no comment t< make yesterday. Adeline Barthold Buriei Passaic, N. J., Dec. 4. — Funera services were held here early thi week for Miss Adeline Barthold, chiel cashier at the New Montauk Theatn since the present theatre was erected Garret Voorman, manager of thi New Montauk, said "she would b> hard to replace" in a glowing tribute ^ ■s l07 n»i«s- TO 0u^ one tops The \a\ stotV ds aPPea,rlnts The DAILY * has a ^ woman's pic,„„ ,,.„ .. i , »«d.,,,„1>B . , He« a„d c„e ,],at loots like ~» - .4^™^.. ■'"'"••»«»» •« ^ teIls „,e li(e 0F THE OWMEN'S if O U N D TABLE "GRAB IT" "Imitation of Life," playing the New York Roxy, broke a five year attendance record at that house, making it necessary at one time to close the box office for an hour. "'Imitation of Life,' sa.d our Joe Blair in his review from Molly- ( wood, "is a smash. It will plow through all records . G"b it 1°U ' v.^ Voir $45,°^ 5©£ oi ' v. end t*e •■ -0oo ^^^^^^ ^ W S wv "IMITATION OF LIFE" with Claudette Colbert, Warren William. Rochelle Hudson, Ned Sparks, Baby Jane 'HOLLYWOOD PREVIEW) Jniversal 106 mins. OUTSTANDING HUMAN INTEREST STORY EXPERTLY DIRECTED AND AD- MIRABLY ACTED. Put this down as one of best pictures ot the year. Direction. Aces Photography, A-l 0 HELD OVER fo RADIO C I T -and that's proi (^Personal Advice from New York Critics! "One of ihose drop everything films . . . you've gol to see it." —World- Telegram "You will like BROADWAY BILL . . . gay, humorous, exciting and vastly human." — Herald Tribune "For a sure winner play BROADWAY BILL." — American "Recommended without reservation." — Times "Among the things to be specially thankful for." —Daily News "You're recommended . . . exciting, genuinely moving . . . and Highly amusing . . ." —journal "Supreme entertainment for you . . . exhilarating, touching, hilarious." — Daily Mirror "You should be grateful for a picture like BROADWAY BILL." -Sun • RELEASED NATION/ WARNER FRANK CAPRA ^Based on the story by Jliark 3ieLLinqer SECOND WEEK MUSIC HALL ;t's a smash hit! . . . and a word from Columbia Pictures We suggest that you set aside extended playing time for this grand new Frank Capra hit which has bettered the record for the first four days for all Columbia Pictures that have played the Radio City Music Hall by over $10,000.00. In the words of the Hollywood Reporter we tell you "It can't miss . . . it's a sure-fire hit" . . . and its first engagement proves it! )N DECEMBER 27th • MYRNA LOY PRODUCTION with WALTER CONNOLLY • HELEN VINSON MOTION PICTURE DAILY Wednesday, December 5, 1934 Seek a Fixed Policy to Bar Free Programs {Continued from page V attendance, has a retarding effect on production quality. The resolution stated that the touring show placed Standard Oil in direct competition with established theatres. Industry opposition, it is made clear, is not being directed solely against the Standard Oil troupe, which will pre- sent two-hour free shows in more than 25 cities during the next 10 weeks, according to the present plans. The opposition seeks permanent protection for theatres against the recurrence in the future of such large scale, free entertainment which, it is said, is be- coming increasingly prevalent through- out the country. It was pointed out that Gulf Refining Co. presented a similar traveling show on the Pacific Coast last summer and that large cities are being continually treated to this form of competition. In Boston, early this week, Scott Furriers staged an amateur talent contest at the Bos- ton Opera House which played to 4,000 free admissions and turned away another 1,000. The performance ran from 7 :30 to 11 :00 with the final hour of the show being broadcast over the Yankee network. Probable Course of Action The form of the opposition, not yet set, may include efforts to have en- forceable restrictions added to vaude- ville and carnival NRA codes which prohibit such performances except at a fair admission price. Ed Kuykendalh M. P. T. O. A. president and chairman of the Code Authority committee on unfair com- petition, stated yesterday that his committee was handicapped in oppos- ing such enterprises because of _ the absence of enforceable code provisions covering that type of entertainment and the refusal of its sponsors to co- operate with theatre owners. "Either these offenders must_ be made to comply with provisions simi- lar to those contained in the film code," Kuykendall said, "or the re- strictions on theatres must be removed from our code. It is unfair for the- atres to be made to comply to rules of fair competition when correlated enterprises are not. This includes baseball parks, carnivals, theatre radio broadcasts and free advertising pro- grams as well as the Standard Oil show." The Standard Oil troupe features Guv Lombardo and orchestra, Cross & Dunn, Jane Abbott and other acts It played Concord, N. H., last night opens at Providence tomorrow night and Boston, Saturday night. Paramount 's Future Picture Lowe Is Moved Up Washington, Pa., Dec. 4. — Ray Lowe, for three years and a half man ager of the Warner, Pittsburgh, has been named city manager for the cir cuit here. The aopointment was made bv Harry Kalmine, division head. To Co-star Garbo, March Hollywood, Dec. 4. — Greta Garbo and Fredric March will be co-starred by M-G-M in Tolstoi's "Anna Ka renina." David O. Selznick will pro duce and George Cukor direct. What follows is the estimated consolidated pro rata balance sheet of Paramount Publix giving effect to the consummation of the proposed re- organization plan. It is based on financial statements as of Sept. 29, 1934, and reflects suggested new reserves: Assets Current Assets Cash on hand and in banks Marketable Securities at cost (market value— $928,037.50) Notes and Accounts Receivable (film customers and sundry) less Reserves on books Other Working Assets (largely convertible into cash within one year, but which must be immediately re- placed in operation of business) Inventories Advances to Outside Producers less Reserves on books $15,456,787.43 893,533.50 3,826,275.16 $ 20,176,596.09 $14,612,579.22 456,424.34 15,069,003.56 Total Working Assets Investments in and Advances to Affiliated Companies (including companies in receivership or bankruptcy, the com- mon stock of which is substantially wholly owned by Paramount Publix Corporation) (a) Total by Paramount Publix Corp. Less: Reserves (in respect of com- panies for which financial reports as of September 29, 1934, are available) equal to excess of such investments and advances over net tangible value thereof on books of such affili- ated companies not in receivership or bankruptcy and over estimated value thereof in respect of affiliated companies in receivership or bank- ruptcy (b) Total by Consolidated Subsidiaries of Paramount Publix Corporation.. Add: Excess (in respect of companies for which financial reports as of September 29, 1934, are available) of net tangible value of such invest- ments and advances on books of such affiliated companies over amount thereof as carried on books of con- solidated subsidiaries $ 35,245,599.65 $33,148,300.60 19,536,311.90 $13,611,988.70 $ 7,828,764.00 1,871,116.49 9,699,880.49 Fixed Assets Land, buildings, leases and equipment — book depreci- ated value Land, buildings, leases and equipment, the mortgages, etc. on which are in process of reorganization — book depreciated value Deposits to secure contracts and in connection with litigation. Prepaid Expenses Bond Discount and other Deferred Charges $61,804,967.55 24,336,750.40 23,311,869.19 56,141,717.95 1,322,200.91 1,136,036.17 1,612,495.79 $148,769,919.66 Liabilities Current Liabilities Current Liabilities of Subsidiaries, per books (excluding contingent claims of indeterminate amount) $ 5,505,286.56 Capital Liabilities of Subsidiaries past due, due on demand and due within one year (excluding capital liabilities which are in process of reorganization) 3,127,322.23 Capital Liabilities (and net accruals in connection therewith) which are in process of reorganization which will be due within one year when reorganized 1,180,703.56 1934 Federal Income Tax Reserves of Subsidiaries (estimated) i. 525,301.71 $ 10,338,614.06 Other Liabilities of Subsidiaries Mortgages, bonds and purchase money obligations due after one year $23,246,244.74 Estimated proportion of capital liabilities which are in process of reorganization which will be due after one year when reorganized *18,830,562.55 Advance Payments (self-liquidating) and Reserves 1,411,303.28 43,488.110.57 Twenty- Year 6% Sinking Fund Debentures, approximately **27,110,000.00 Total Liabilities $ 80,936,724.63 Minority Stockholders' interests in Consolidated Subsidiaries 5,900.243.43 Suggested New Reserves probably to be applied to re- duce certain items of investments in and advances to affiliated companies, as reserve against book value of certain fixed and other assets and as new general re- serve 14,000.000.00 Cumulative Convertible 6% First Preferred Stock (par value $100 per share), approximately **27,110,000.00 Cumulative Convertible 6% Second Preferred Stock (par value $10 per share) **6,441,805.70 Common Stock (1,610,451.43 shares) **14,381,145.90 *This item includes amounts which may become due within one year when issues are reorganized, al- though no estimate of such amount is now available. $148,769,919.66 The above balance sheet utilizes in the main information furnished by the accounting staff of the Debtor and its subsidiaries, and is without audit. Assets are reflected at book figures without regard to realizable values, except as stated above. Items of good will have been excluded from the above balance sheet. The above balance sheet, in which suggested new reserves are reflected, has been prepared only for the purposes of the proposal of the Plan in the Reorganization Proceeding and is not binding upon the Board of Directors in establishing the balance sheet of the New Company. As stated in the Plan, the question of abandonment or other disposition of certain assets Li i (.Continued on page 9) Cut in Extras Code Gain on Coast — Flinn (Continued front page 1) enough work for only a handful of extras and the rest received an av- erage of only 26 days' work last year. They had to be supported by charity. Only 450 are more or less regularly employed. How to stabilize the situation pre- sented a difficult problem, Flinn said, but he believes the new plan will be highly satisfactory. Extras on the new list all qualify because of the amount of work given them in the past. Studios will be limited to the list, which will be a permanent regis- tration. Flinn's Hollywood observations led him to believe code restrictions on relatives' employment, scheduled for a Washington hearing this month, should remain as a measure to allevi- ate the employment situation. Flinn stayed here over night. He will reach New York Wednesday morning. Campi is preparing to take over code administration of a group of 4,000 performers representing actors, danc- ers and vaudevillians who play picture houses, said Flinn. Four boards will be set up in New York, Boston, Chicago and Los Angeles, with the- atre men actors, bookers and vaude- ville agents comprising the personnel, Flinn said. The stage players' prob- lems primarily concern wages and hours. The code has met with widespread satisfaction and Campi is working well within its budget., Flinn asserted, adding that none of the 22,000 griev- ances filed to date has been yet taken before the NRA compliance board. General employment in the industry is very good, Flinn reported. He pre- dicted an early increase in box-office prices. Product Award Puts Point Up to Campi The question of whether a distribu- tor should be compelled to give up product to an account it has not dealt with when it is satisfied with the ex- hibitor to whom the product is sold will be an important highlight today when a Campi appeal committee hears the case of Joe Sicardi of PlainfiekL N. J., against Walter Reade's Strand. Oxford and Paramount in the same city. Several weeks ago, the New York grievance board found Reade guilty of overbuying and awarded Sicardi 7C pictures. Reade was to draw up two lists of 70 pictures and the Libert}' could select which list of product he wanted. Sidney Samuelson acted as attorney for Sicardi. Distributors hold that they cannol be told with whom to do busines; when they are satisfied with account; sold. Several representatives of ma- jor companies will raise this pour when the hearing takes place this afternoon. Levy Signs Circuits Jules Levy, RKO general sale; manager, has closed deals with th< Saenger Theatres, Inc., and the Mul- lins and Pinansky circuit for his com- pany's entire 1934-35 output. Wednesday, December 5, 1934 MOTION PICTURE DAILY No Offer for Fox Gaumont Shares— Kent {Continued from page 1) any changes while in England. He did not go out of that country, he de- clared. Asked about reorganization of Fox West Coast, Kent asserted that the plans are now in the final stages. Queried as to whether Spyros and Charles Skouras would sign 10-year contracts, Kent stated he did not know there were any involved. He added, however, that the Skourases will con- tinue to operate under the reorganized plan. Discussing production abroad, Kent held that there is nothing new and the company is continuing along usual lines. Comments on Para. Trustee Suit Shown Motion Picture Daily which yesterday listed him as one of the 24 defendants in a suit for recov- ery of bonuses filed by Paramount trustees on Monday and asked for comment, Kent merely replied : "I knew about it." He was accompanied by his wife and daughter. The Fox head will go to the coast early next rhonth, he said. On the same boat were Andre Daven, formerly with Fox in Europe and now on his own; Johnny Weiss- muller, Lupe Velez, William Boyd, Blanche Yurka, and Mrs. Carlyle Blackwell. Weissmuller and his wife were met by Daniel Winkler of the Joyce-Selz- nick office, who had several stage offers for Miss Velez, one including eight weeks of personal appearances in the Argentine. The pair plan to leave for the coast today, Weissmuller to report back on the M-G-M lot and Miss Velez undecided on her future plans. While abroad, Miss Velez made a picture for Twickenham Studios. England the Biggest London, Nov. 30. — European film business for American companies, out- side of England, is practically worth- less at present and prospects are not good, declared S. R. Kent, president of Fox, in an interview with a cor- respondent of the Daily Film Renter. England, said Kent, is yielding 25 per cent or more pf the export rev- enue. The German decision to im- pose a tax of "approximately $10,000 per feature on imported films virtu- ally rules Germany out of the field, the Fox president asserted. In addi- tion, he said, they hit upon "unex- pected reasons for banning pictures." Czechoslovakia was "absolutely bar- ren of production facilities," Kent was quoted as saying and until recently, as a result, got into difficulties with its import charges. He described the Spanish situation as "uncertain in view of recent disturbances," and pointed out that in France and Italy "the desire to nurse the home indus- try had led to difficulties for the im- porter." "South America, too, has its domes- tic troubles as a bar to development in that market," he said. "In brief," he continued, "the whole foreign field bristles with these prob- lems, and it is a relief to turn to Great Paramount 's Future Picture (Continued from page 8) has been left for later consideration; the above balance sheet, accordingly, does not re- flect changes in corporate structure or in properties since September 29, 1934, except as specifically contemplated by the Plan. Accounts of Canadian Companies are stated in Canadian dollars converted into same number of U. S. dollars. The above balance sheet assumes that the claims against the Debtor (which, as stated in the Introductory Statement to the Plan, have been filed in the Bankruptcy Proceeding and/or Reorganization Proceeding for amounts aggregating $297,702,162.37, exclusive of claims for indeterminate amounts and exclusive of such claims as may be filed after November 28, 1934) will be so reduced, either by negotiation or litigation (1) that the following claims dealt with under Article III of the Plan will constitute liabili- ties of subsidiaries only and in the following amounts: New Broadway Bonds, with accrued interest $9,091,580.94 Paramount Properties Bonds 2,775,198.75 Paramount Land Corporation Notes 794,641.12 Jacksonville, Florida, Mortgage 596,351.13 St. Petersburg, Florida, Mortgage 506,763.65 Long Island Studio Mortgage 1,035,361.79 and (2) that the aggregate amount of Priority Claims, General Claims, Old Debentures, Old Bank Debt and other claims dealt with under Article III of the Plan and which are ultimately treated on a parity with General Claims (including interest to January 1, 1935, to the extent provided in the Plan, but excluding claims for indeterminate amounts at the time the Plan is finally confirmed) will not exceed $55,000,000. To the extent that such assumption is not realized, the amount of New Debentures and First Preferred Stock will be correspondingly increased; to the extent that a greater re- duction is obtained, the amounts of such Debentures and First Preferred Stock will be correspondingly reduced; and in either case adjustment will be required in the interest of the Common Stock. Contingent liabilities of subsidiary companies are not reflected. No deductions have been made in "Cash on hand and in banks" on account of cash payments made between September 29, 1934 and the date as of which the Plan will be consummated, in connection with settlement of claims. The amount "Cash on hand and in banks" shown in the above balance sheet reflects, among other things, the receipt of $6,441,805.70 purusant to exercise of subscription warrants, or underwriting of sub- scription, and the payment of $5,175,131.32 on account of the New Bank Debt and $2,- 500,000 of administration and reorganization expenses. To the extent that such ex- penses paid in cash exceed $2,500,000 the "Cash on hand and in banks" will be de- creased, and to the extent that such expenses so paid are less than that amount, the "Cash on hand and in banks" will be increased, in either case with an adjustment in the interest of the Common Stock. "These amounts are exclusive of such New Securities as may be issued pursuant to Articles X, XI or XLI of the Plan and are exclusive of $390,000 of New Debentures and 3,900 shares of First Preferred Stock to be issued and held in trust for Paramount Land Corporation by the holder of the Paramount Land Corporation Notes but as addi- tional security for the new notes, such notes being included among liabilities of sub- sidiaries in the above balance sheet. Included in the claims reflected in the balance sheet, however, are five claims aggregating $212,812.41, which are also obligations of subsidiary or affiliated companies. Britain, which continues to progress smoothly and to yield a satisfactory return." Kent said it was unlikely that there would be any development of Fox production in England. He reviewed the American situation by sayjng the NRA had been helpful to the little fellow. The clean film movement, he said, had hit the indus- try hard, but had been a good thing in that if "the purity drive had not been launched, some sections of the industry might have run themselves into the menace of rigid censorship or a revulsion of public opinion." Kent described the Tri-Ergon liti- gation as a "passing worry." The pat- ents are not basic, he was quoted as saying, and can be avoided in future use, but if William Fox wins his suits past infringements may cost heavily. "In any case," Kent was quoted as saying, "we contend that these pat- ents belong to us, and, irrespective of the result of the present cases^ we are proceeding in the courts to estab- lish our claim to them." New Preferred Unit Preferred Pictures, Inc., has been formed under Pennsylvania laws to do business in Philadelphia and Washington. It is headed by Murray F. Beier, E. S. Waters and H. L. Taylor. Preferred has just closed a deal with Dave Mountan of Spectrum Pic- tures for distribution of "Frontier Days," first of a series of eight westerns. Hornstein Opens Office Joe Hornstein officially opened his own independent supply house in the Film Centre Building yesterday and at the same time announced taking over of Independent Theatre Supply Co., of which Louis Marks is head. K. C. Cuts Danger Downtown — Finney (Continued from page 1) Midland here, which the neighborhoods and other theatres are bitterly pro- testing, is in line with price scales elsewhere. In response to a direct question, he said Loew's might re- duce the Midland's top from 40 cents, as at present, to 25 cents. The situation here is unique, he says, in that there is not only a com- petitive situation between the neigh- borhoods and downtown first runs, but that in the neighborhoods there is competition between independents and circuit theatres, namely Fox Mid- west. These factors, he says, make the clearance and general competitive situation complex. Competition from the neighborhoods is making the situation of the downtown first runs precarious, he declares. For this reason the first runs will never consent to a clearance schedule based entirely on admissions, he said. Finney objects to the fact that the downtown first runs have no repre- sentation on the clearance and zoning board. E. C. Rhoden, Fox Midwest divi- sion manager, is the board member representing affiliated first runs. "Rhoden is an able executive and I have nothing but praise for him," Finney says, "but the fact remains that his interests in Kansas City lie in suburban operations." Hatrick Called West E. B. Hatrick, general manager of the Hearst film interests, left suddenly for the coast by air yesterday. He plans to return for Christmas. If he does, he will return again to Holly- wood immediately thereafter. < Purely Personal ► PETER PROFILI and Sam Cphencious of the American, Vestaburg, Pa., and Attorney J. Rich- ardson, yesterday were in New York on an appeal from a clearance decision in Pittsburgh. Alexander Bellette of the Grand, Fredericktown, Pa., also was here. Harry Buxbaum, New York Fox exchange head ; Harold Freedman, Yonkers exhibitor, and Leo Justin of the Walter Reade office, are back from Philadelphia where they attended the Army-Navy game. Harry H. Thomas and Charles Rosenzweig officially returned to their offices at First Division yesterday. Both were on trips, returned Thanks- giving Day, but didn't check into the office until yesterday. Lily Pons, who will soon make a picture for Radio; Jacques Charles. French producer, and Dave Apollon and his band arrive this morning on the Champlain. Don Hancock, with Film Daily for the past four years, has rejoined Van Beuren as production manager on the "Dumb Bell Letters," "Vagabond Ad- venture" and other shorts. Vincent Korda's original etchings for the settings of "The Private Life of Don Juan" go on exhibition at the Tudor City Art Galleries, 5 Prospect Place, today. William F. Rodgers of M-G-M returned yesterday from Philadelphia. Felix F. Feist gets in from Chicago the end of the week. Fred Quimby arrived from the coast yesterday and immediately heaved into a pile of work which accumu- lated while he was gone. Howard Leuen, Brooklyn salesman for Paramount, is the father of a boy. The event took place Thanksgiving Day. Hugh Walpole arrived by plane yesterday from Hollywood. He'll stay around town for two days before em- barking for London. Walter Wanger, producer of "The President Vanishes," is in New York from the coast. He'll be here two days. Maybe three. J. Robert Rubin hies to Philadel- phia today to testify in that double feature trial. Walter Eberhardt sails south on the Monarch of Bermuda tomorrow. Mrs. E. accompanies him. Isadore Rappaport, Baltimore ex- hibitor, was in town yesterday con- ferring with Herschel Stuart. George Schaefer and Milt Kusell are back from a week-end on Chesa- peake Bay. George Dawes, Samuel Goldwyn representative, is in Chicago to handle exploitation there. James Ross Grainger spent his day yesterday in Boston. Back today. Kitty Carlisle and her mother are at the Ritz Tower. Harry Gold is back from Char- lotte and other southern cities. June Knight and her new hus- band, Paul S. Ames, are in town. James Cagney is in town for a two-week vacation. Ed Hurley is in from the coast. MOTION PICTURE DAILY Wednesday, December 5, 1934 Insiders' Outlook (Continued from page 2) Acuities than they have en- countered from the criticism of the churches." What is this new menace? Hold on to yourself and con- tinue : "The objectionable feature of some recent films is the Com- munistic character. "If motion pictures are to be used for Communistic propa- ganda, it will not be long be- fore the American government will have to step in to censor and suppress such propaganda and directly to supervise the film companies responsible for it and see that they are conducted on a patriotic American basis." Periodically, Hearst editorially strikes out for Federal censor- ship. He seems committed to fur- thering the idea and the excuse seems to make little difference. Why? . . . T Homespun philosophy about theatre operation, furnished from the fount of common sense which seems to be Mrs. A. Baier's. She runs the suburban Lindbergh in Kaycee and is sec- retary of the I. T. O. of that city. The kernel of her analysis is as true as it is simple. She holds to the thought exhibitors would be far better off if they tended to their own business and worried less about other theatres and what they do. "The reason that so many exhibitors think they will be forced to close their doors if some downtown theatre goes on a price rampage or a, suburban competitor adopts an unfair trade practice is because they are obsessed with a 'fear com- plex.' If every suburban ex- hibitor would devote the time to going after business that he spends worrying about his com- petitor or trying to meddle in his affairs, he would have little to worry about." T What convinced Mrs. Baier was last week-end. Apprehen- sive over the way Loew's Mid- land was plugging its cut rates in large newspaper space, she de- cided to do some exploitation of her own. She sent 5,000 folders to her mailing list, advertising this week's shows. "Business picked up consid- erably, and I found I didn't have to worry about Loew's or any one else," Mrs. Baier con- cluded. "I am going to do some more advertising." And now to other matters. . . . T Metropolitan area operators are fuming, uselessly so far, over the recently enacted half-of-one- per-cent-of-the-gross tax. It runs into money, much money and what is creating the excitement is the claim the levy is discrim- inatory. No tax on profits is this, they say, but a tax on receipts, win, draw or lose. The latter MOTION PICTURE DAILY* HOLLYWOOD PREVIEW (Continued from page 4) Carr is good in the stereotyped role as lady friend number one. Clifford Healtherly contributes robust comedy as an elderly playboy. Monty Banks, who plays a comedy role, also competently directed. The film measures up to the average American product, having been made before by Warners with Warren William and Marion Marsh. Running time, 65 minutes. Production code seal No. 094. "A." "Sweet Adeline" ( Warners) Hollywood, Dec. 4. — Being a lavish musical spanning the Spanish- American War era, the plot outlines the rise of a beer garden singer (Irene Dunne) to stage affluence with love tribulations along the way. Reflecting the tempo of the hansom cab days, the film's feeling and mood blend with the charm and leisure of the period. Miss Dunne's beauty and refinement harmonize with the story. Hugh Herbert stands out as one af the screen's funniest comics with his rare drolleries rounded by pathos always uncorking laughter. Ned Sparks, too, contributes his exclusive, dry, wry humor for good reactions. Louis Calhern is the romantic heavy and Winnie Shaw the vamp heavy. Phil Regan sings well. Nydia Westman's comedy, Noah Beery's basso pro- fundo and Joseph Cawthorn's antics round out the cast. Dorothy Dare warbles while looking okay. Mervyn Le Roy's usual bouncy direction in this keeps to the deliberate screen play adapted from Jerome Kern's and Oscar Hammerstein's book with the music by Kern. Sol Polito photographed well. The swing ensemble number with Miss Dunne trilling and Bobby Connolly's girls spinning is a thrilling, esthetic creation. The take in the key spots should be an indicator for the subsequent run results. Running time, 90 minutes. Production code seal No. 416. "G." seems to have it, by unanimous squawks. . . . Garbo continues to make swell copy. Witness the Universal Service cable — special, mind you — from Berlin of her quitting Hollywood next year to do a legit play in Stockholm. Maude Adams, for years, was mysterious as' to her movements, press interviews and the like. It worked and worked well, as any- one who knows his stage history at all appreciates. . . . KAN N Tucker Made Manager Atlanta, Dec. 4. — Ed Tucker, for- mer assistant ad sales manager at the local Fox exchange, has been advanced to manager. London, Dec. 4. — Charles Munroe, who accompanied S. R. Kent from New York, is en route to Sydney, Australia. Mayer Is Conferring Charles Mayer, former salesman in the Boston exchange and recently ap- pointed assistant to Manager L. Prouse Knox at the Fox branch in Bombay, India, is in New York con- ferring with Clayton Sheehan before leaving to take over his new duties some time next month. He sails Dec. 14. Fox Buys "Farmer*' Fox has purchased "The Farmer Takes a Wife," current New York stage hit. Hollywood, Dec. 4. — Winfield Sheehan will produce "The Farmer Takes a Wife" with Janet Gaynor and Spencer Tracy. Bank Payoff Starts Spending in Detroit (Continued from page 1) spending part of the $65,000,000 First National Bank of Detroit pay- off which is being distributed to over 650,000 depositors. In theatres for the past week, and promising to continue for some weeks to come, thousands upon thousands of dollars have gone through the ticket windows with capacity houses the rule for all sorts of shows. The "Follies" at the Cass Theatre had capacity houses the nine per- formances it played here. Prices for the attraction were $3 top. For "Tris- tan and Isolde" at the Masonic Audi- torium there were more than enough customers to fill the 4,700 seats. The past week-end found most of the film houses doing a landoffice business. Employment in the motor car plants has picked up the past few weeks and is on a steady upgrade. Neighborhood house managers are very enthusiastic about the winter outlook. Col. Signs Carminati Hollywood, Dec. 4. — Tullio Car- minati, who arrived here last week, has been signed by Columbia for one picture through the Joyce-Selznick office. Preliminary negotiations were started in the east and completed here, Carminati will make one for Fox after the Columbia deal, provided ne- gotiations now pending are closed. The Fox deal is for a part in "Adios Argentine." Daniel M. Winkler, handling ra- dio, vaudeville and personal appear- ances for Joyce-Selznick, plans to leave for the coast in two weeks. He arrived last week. Production Gains By Four Features (Continued from page 1) division a total of three working, 11 preparing and 20 in the cutting rooms. Paramount leads the field with seven features working, two preparing and four editing; M-G-M has six, one and nine ; Warners, six, one and eight ; Fox, three, three and five ; Columbia, three, one and six; Uni- versal, three, one and three ; Goldwyn, one, zero and zero; Century, one, one and one; Radio, one, three and three; independents, five, four and five. The short subject division shows M-G-M has none in work, two pre- paring and three editing; Roach, zero, two and three ; Columbia, zero, one and five ; Radio, zero, one and five, while the independents have three, five and four. Sam Wood Has Plans For His Own Films (Continued from page 1) coast for New York several weeks ago and plans to resume negotiations when he returns next week. Wood is working on an adaptation of "The Melody Lingers On" and intends to fly to Hollywood Friday with Edward Small for the U.S. C.- Notre Dame game on Saturday. While here Wood will line up writers for his future productions. He has a number of stories in mind, on two of which he has options, to take back with him. A deal with Charles MacArthur and Ben Hecht for one picture fell through last week because of a play the producers are working on in addition to another picture they will put into work at the Eastern Service Studios shortly. If the deal materializes with Erpi, Wood intends to develop his own talent. He is dickering for a number of players here and may take them to the coast with him for picture build-ups. Texas Price-Fixing Suit Comes Up Today (Continued from page 1) Theatres, Inc. Glass seeks an injunc- tion to stop alleged ruinous price fix- ing through a conspiracy of the de- fendants and major producing com- panies. At the first hearing, Dec. 1, in the Fourteenth District Court before Judge W. M. Taylor, defendants ar- gued that the acts complained of con- stitute a phase of interstate commerce, over which local courts have no juris- diction. The taking of depositions occupied the session Dec. 1, and the hearing was postponed to tomorrow. Action, Little Talk Wanted, Says Kelly San Francisco, Dec. 4. — "Foreign movie audiences want pictures that are high class but not high hat. Pic- tures that tell a down-to-earth story with a maximum of action and a minimum of dialogue are the most popular," said Arthur W. Kelly, vice- president of United Artists in charge of foreign distribution on his arrival here today from Japan. He has been, on an eight-month tour of the world. He will leave here for New York by way of Hollywood, arriving in the east Dec. 10. JOHN J. FRIEDL Operates 63 theatres, spends upward of $1,500,000 annually for film. He reads MOTION PICTURE DAI LY The Industry Buying Power Reads MOTION PICTURE DAILY There's a BRIGHT SPOT for a Holiday Program A IN EACH OF THESE SHORT FEATURES FROM EDUCATION A Mi X "DAY DREAMS" A child's dream of Santa '// Claus. A beautiful Christ- / mas fantasy. 1 reel 31c "SONG OFVIENNA" The beauty of old Vienna caught in picture and song. 1 reel "THE HOUSE WHERE I WAS BORN" A Song Hit Story with Sylvia Froos and Frank Luther sing- ing a song of home that is full of sentiment and appeal. 1 reel "YOUR STARS FOR 1935" A timely subject, with WYNN, famous astrologer, forecasting the outlook for the New Year. 1 reel. f=3' "THE OWL AND THE PUSSY CAT" Three new two-reel comedies with mu: that are full of mirth and melody "THE GIRL FROM PARADISE" With Sylvia Froos, Frank Luther, George Shelton, and N.T.G. and the Paradise Revue. "THREE CHEERS FOR LOVE" With Sylvia Froos and Warren Hull. A Young Romance Comedy "NIFTY NURSES" With Johnny Downs and Sally Sweet. A comedy wit! as many big laughs as you've heard in a year. "RIP VAN WINKLE" by Frank Moser and Paul Terry Wherever there are children, or adults with merry hearts, in an audience, a Terry-Toon is an ideal Holiday booking. //"PAGLIAa Scenes from the c| With Henry Hulj.l duced by William i ^Mille. llH THREE BEARS' km DBoy BLUE- Distributed in U.S. A by FOX Film Corporatior The Leading Motior Picture Industry MOTION PICTURE DAILY Alert, Intelligent the In in All Branches VOL. 36. NO. 133 NEW YORK, THURSDAY, DECEMBER 6, 1934 TEN CENTS 1st Division Will Release "Time" Series First Issue Is Set to Appear in January First Division will handle the dis- ribution of "The March of Time" ;eries dramatizing the news events of he day, it was revealed yesterday by Harry H. Thomas, president of the rompany. The first release is ex- acted to be out in January. The ilms will be issued at the rate of one i month, each running about 20 min- jtes. The series is being produced by a lew company, The March of Time, Inc., the officers of which are Roy E. Larsen, general manager of Time ma- gazine and producer of "The March i>f Time" radio broadcasts, president ; |ohn S. Martin, managing editor of {Continued on page 4) Fox and Paramount Are After "Battle" Competitive bidding for national dis- tribution rights to "The Battle" has Paramount and Fox angling with Leon Garganoff for the French-made picture now current at the Criterion. Although scheduled to make its exit at the Criterion yesterday, "The Bat- tle" is being held over until Dec. 14 because of unusual business in the last few days." "Dealers in Death" goes in after "The Battle." Palmer Plea to Be Presented Dec. 14 The U. S. Circuit Court of Appeals yesterday set Dec. 14 as the date for bearing of an appeal by Archibald Palmer, counsel, from an order by Federal Judge Julian W. Mack deny- ing him leave to examine members of the bondholders' protective commit- tee of Fox Metropolitan Playhouses {Continued on page 4) Ohio Senate Passes New Type Sales Tax Columbus, Dec. 5. — With an un- expected shift, the Senate has passed a bracketed sales tax which carries with it repeal of the present 10 per cent admission tax. The measure now goes back to the House for a com- promise, as the bill passed there last {Continued on page 4) Be assured of dependable delivery and ship via National Film Carriers, Jnc. — Adv. Clearance Is Exhibitors ' Big Problem — Kuykendall The biggest problem confronting exhibitors today is the fact that clear- ance and zoning schedules have not been established, Ed Kuvkendall, pres- ident of the M.P.T.O.A., stated yes- terday. He said he had made a tour of Phoenix, Ariz. ; Dallas and Tex- arkana, Tex. ; Hot Springs, Ark. ; Nashville and Baton Rouge, where he met exhibitors and discussed condi- tions and the code. Kuykendall said the code has fixed up things in some places and hurt in others and reaction to the code in general is mixed. He said clearance and zoning is the main source of complaint. "Exhibitors feel that Code Authority should officially establish clearance and zoning schedules, since theatre own- ers do not want to make individual protests and make enemies with ex- change men and circuit buyers." Kuykendall will leave Saturday for There Was a Day — In presenting his overbuy- ing case to an appeal com- mittee consisting of Ed Kuy- kendall, E. T. Gomersall and William Yoost, Sidney Sam- uelson, acting for the Liber- ty, Plainfield, yesterday read the section of the code deal- ing with this subject and then added: "I presume you gentlemen are familiar with the code." Kuykendall retorted: "We used to think so." Charlotte to attend the two-day annual convention on Dec. 9-10 of the Thea- tre Owners of North and South Caro- lina. His daughter, Jerry, is in New York. Chicago Pair Here to Argue Over Releases Protests against the present releas- ing system in Chicago as it affects 10 per cent cancellations will be made to- day to Campi by Aaron Saperstein and Jack Miller, representing inde- pendent exhibitors in that territory. The showmen arrived here yesterday prepared to meet John C. Flinn and present their complaint, but since the executive secretary of Campi did not arrive from the coast until late in the evening, the meeting was put off un- til this morning. Windy City exhibitors hold that re- leases of pictures differ with indivi- dual territories ; that exchanges have {Continued on page 7) Warner Fire Fails To Halt Producing Warners' production will not be handicapped by the fire which swept a number of outdoor sets Tuesday night at the Burbank studios on the coast, according to a statement issued yesterday by H. M. Warner. Damage was estimated at several hundred thousand dollars, but the flames did not reach any of the sound {Continued on page 4) Club Leaders Hit Duals in Phila. Court Philadelphia, Dec. 5. — The Perel- man suit resumed today after a one- day recess with women's club officials furnishing delense testimony. Mrs. Jane F. Looram, international chairman of the M. P. Division of the Federa- tion of Catholic Alumnae, stated that in her opinion double featuring nulli- fies the object of the association's work, because it is difficult to get two pictures of the right type for a chil- dren's show. She told of a mother who had ap- proved her son's visit to a house show- ing "Peck's Bad Boy," only to find that "The Affairs of Cellini" was on {Continued on page 4) Chase Men Busy on General Theatres Chase National Bank heads are work- ing out a new plan of reorganization for General Theatres Equipment Corp., it is understood. The present tour of Winthrop W. Aldrich, chairman of the Chase board, with H. Donald CampbelL president, and other officers, is understood to be for the purpose of studying theatre conditions and the {Continued on page 4) Seek 3 Para. Directors by December 27 Want Board of 12 Ready For Court Hearing Selection of three additional direc- tors of Paramount Publix to comply with a provision that the board shall consist of a minimum of 12 members is under way in reorganization cir- cles and is expected to be completed before Dec. 27, the date on which a creditors' hearing on the reorganiza- tion plan will be held before Federal Judge Alfred C. Coxe. Indications are that the three posts remaining at this time will go to a representative of the bank creditors, one of Allied Owners and the third to a general creditors' representative who will probably be a man with industry or allied experience. The three new candidates will replace Austin Keough, Paramount secretary ; Wal- ter B. Cokell, treasurer, and Max D. {Continued on page 4) Revised Comerford Deal Before Joyce A revised agreement providing for the retirement of Paramount's out- standing obligations remaining from acquisition of the 61 Penncom theatres from M. E. and M. B. Comerford and Frank C. Walker in 1930 was taken under advisement yesterday by Special Master John E. Joyce, following a hearing on the new agreement sub- mitted by counsel for Paramount Pub- lix trustees. Under the agreement, net receipts of Penncom, after operating expenses and provisions for reserve and current obligations, are to be applied to the {Continued on page 4) Rosenblatt Hopeful On Coast Situation Washington, Dec. 5. — Still hope- ful that an amicable settlement of the controversy between producers and actors over a code of fair practice may yet be reached, Compliance Di- rector Sol A. Rosenblatt today re- turned to Washington after a week {Continued, on page 7) RKO Cut to Widen Price War in K. C, Kansas City, Dec. 5. — The local price war will be extended Friday when the RKO Mainstreet's balcony {Continued on page 2) MOTION PICTURE DAILY Thursday, December 6, 193* MOTION PICTURE DAILY (Registered U. S. Patent Office) Vol. 36 December 6, 1934 No. 133 Martin Quigley Editor-in-Chief and Publisher MAURICE KANN Editor JAMES A. CRON Advertising Manager Published daily except Sunday and holi- days by Motion Picture Daily, Inc., sub- sidiary of Quigley Publications, Inc., Martin Quigley, President; Colvin Brown, Vice-President and Treasurer. Publication Office: 1790 Broadway, New York. Telephone Circle 7-3100. Cable ad- dress "Quigpubco, New York." All con- tents copyrighted 1934 by Motion Picture Daily, Inc. Address all correspondence to the New York Office. Other Quigley pub- lications: MOTION PICTURE HERALD, BETTER THEATRES, THE MOTION PICTURE ALMANAC and THE CHI- CAGOAN. Hollywood Bureau: Postal Union Life Building, Vine and Yucca Streets, Victor M. Shapiro, Manager; Chicago Bureau: 407 South Dearborn Street, Edwin S. Clif- ford, Manager; London Bureau: Remo House, 310 Regent St., London, W. 1, Bruce Allan, Representative. Cable address: "Quigpubco, London"; Berlin Bureau: Berlin - Tempelhof , Kaiserin - Augustastrasse 28, Joachim K. Rutenberg, Representative; Paris Bureau: 19, Rue de la Cour-des- Noues, Pierre Autre, Representative; Rome Bureau: Viale Gorizia, Vittorio Malpassuti, Representative; Sydney Bureau: 102 Sus- sex Street, Cliff Holt, Representative; Mex- ico City Bureau: Apartado 269, James Lockhart, Representative; Glasgow Bureau: 86 Dundrennan Road, G. Holmes, Repre- sentative; Budapest Bureau: 3, Kaplar-u, Budapest, II, Endre Hevesi, Representa- tive; Moscow Bureau: Civtzev Vrazhek, N. 25, Apart. 146, Moscow, U. S. S. R., Bella Kashin, Representative. Cable ad- dress: "Samrod, Moscow." Entered as second class matter, January 4, 1926, at the Post Office at New York City, N. Y., under Act of March 3, 1879. Subscription rates per year: $6 in the Americas, except Canada $15 and foreign $12. Single copies: 10 cents. Use of Technicolor Gains in New Films Hollywood, Dec. 5. — A checkup among the major studios indicates an increase in the use of the Techni- color three-color process for features. Radio's production, "Becky Sharp," will be entirely in color. Two War- ner productions, "Gold Diggers of 1935," and "In Caliente," will have color sequences and Jesse L. Lasky's next for Fox, "Redheads on Parade," will have one reel in color. Jack Cohn Outlines Foreign Situation Hollywood, Dec. 5. — Jack Cohn is here to talk over foreign production angles with Columbia studio heads from data picked up during his recent sojourn in Europe, the executive told Motion- Picture Daily today. Cohn expects to return to New York with a print of the Edward G. Robinson picture, "A Passport to Fame." RKO Cut to Widen Price War in K. C, {Continued from page 1) scale will be cut to IS cents matinees and 25 cents nights, with the 40-cent admission for orchestra seats at night retained. This will meet the Loew's Midland prices. Whether RKO will go back to the present scale before Christmas will depend on the Mid- land's action, it is understood. The Mainstreet will also drop stage shows for two weeks. Edward A. Home Dead Edward A. Home, manager of the print and negative department of RKO, died yesterday of a heart ail ment at his home in Manhattan. He was 42 years old and had been asso- ciated with RKO and F.B.O. for the past 15 years. He is survived by his widow, Catharine, and one daughter Funeral arrangements had not been completed up to late yesterday. Chicagoans in Town Barney and John Balaban are in New York from Chicago. The former returns home today. Leo Spitz, former power in Para mount during the Sam Katz regime, is also visiting, en route to Florida, Jack Miller, head of the Chicago Exhibitors' Ass'n, and Aaron Saper stein, his rival in Allied of Illinois, also are here. Screen Drivers' Faults Driving faults which cause most of the accidents are shown in a cartoon comedy called "Once Upon a Time." produced recently by Audio Prod, and now sponsored by the Massachusetts Department of Public Safety. Massa- chusetts houses are cooperating with Lieut. Colonel Paul G. Kirk, commis- sioner, in showing the film. Extra Columbia Dividend Columbia Broadcasting System, Inc., has declared a quarterly cash dividend of fifty cents a share, plus a special cash dividend of $1 a share, on the Class A and Class B stock. The dividends do not apply to the fifty per cent stock dividend previous ly declared. Millet Heads Empire Jack Millet has been elected presi dent of the Empire State M. P. Op erators' Union to succeed Arthur Farkash. Another new officer is James Addessa, former vice-president, who replaces Joseph Blatt as business agent. Trouble Ahead The Jewish Theatrical Guild met at the Ritz Theatre over the week-end. George Jessel, first vice-president, spoke, and in the course of his talk made the prediction that the Jews, particularly those of America, were heading for trouble with Italy, since Eddie Cantor was on his way to Genoa — to try and get Italians to drink that par- ticular brand of coffee. Selznick Is Silent on New Company Report Hollywood, Dec. 5. — David O. Selznick refuses to discuss reports that he and his brother, Myron, are plan- ning to form Lewis J. Selznick Prod., a new company, as a memorial to their father. The reports were to the effect that Myron would retire largely from the agency business to devote his time to the new company. Sees Foreign Gains From Film Cleanup] Hollywood's response to the cleat picture demand crystallized in the Le- gion of Decency movement is making American films better international! merchandise in the opinion of J. Hi Barker, Jr., managing director oi Western Electric Co., Australia3 Ltd., who is in New York from Sydnej I "The reaction of the motion picture industry of Australia and related ter-l ritories has been most favorable," re-p marks Barker. "It is perhaps no realized here how close the motioT picture industry is to the governmen in Australia and how readily com plaints aimed at quota restrictions am the like can get hearing in importan places. Material not adjusted to ths standards of conduct and viewpoint of the whole public can all too easih afford talking points that can grov into commercial obstacles and prob lems. "Australia now expects, and doubt less is to get, a flow of product whicl will be found much more general); acceptable and which will conduce t< vastly better business." Taylor on Buck Film Van Beuren Prod, yesterday signed Ray Taylor to direct the next Frank Buck feature, tentatively titled "Fang and Claw." Buck sails on the Beren- garia tomorrow for Singapore, his base. Taylor's last picture was "The Re- turn of Chandu" for Sol Lesser. Attend Albany Dinner Max B. Blackman, president, and Jules Levey, vice-president of the na- tional Warner Club, last night accom- panied Harold Rodner to Schenectady where the Albany unit held its second annual dinner and dance at the Palo rama Club. Schine Circuit Signed Jack Schlaifer, special sales repre sentative of Gaumont British, has closed a deal with the Schine Theatri cal Enterprises, Inc., for the entire product of his company. Schlaifer left last night on a tour of mid-west key cities. Most on Big Board Advance Net High Low Close Change Columbia Pictures, vtc 4044 4054 4054 — 44 Consolidated Film Industries 4*5 4 444+54 Consolidated Film Industries, pfd 19*5 18*i 19*5 +1*4 Eastman Kodak 11354 113 11344. +154 Eastman Kodak, pfd 141*5 141*5 141*5 +3 Fox Film "A" 14*4 13% 14 Loew's, Inc 36% 3654 36*4 — 54 Loew's, Inc., pfd 10444 10444 10444 +44 Paramount Publix 344 3*5 3*5 — 54 Pathe Exchange 1*4 1*8 1*8 Pathe Exchange "A" 14 13*5 14 + 54 RKO 2*| 144 2 +54 Warner Bros 5*8 V/% 5 +54 Warner Bros., pfd 2444 22 23 + *5 Curb Issues Remain Unchanged Net High Low Close Change Technicolor 13% 1344 13% Trans Lux 2*4 2 2 RKO Bonds Jump 3V2 Points Net High Low Close Change General Theatre Equipment 6s '40 8% 8*4 8% +44 General Theatre Equipment 6s '40, ctf 844 8 8 — 54 Loew's 6s '41, ww deb rights .....105 10444 10444 + 54 Paramount Broadway 5*5s '51 44*5 44*5 44*5 + 54 Paramount F. L. 6s '47 61*4 60 6154 +1*4 Paramount Publix 5*5s '50 61*5 60 6144 + % Pathe 7s '37, ww r. 99*5 99*5 99*5 RKO 6s '41, pp 36*4 34 36*4 +3*5 Warner Bros. 6s '39, wd 61 60 60% + % Sales 1.400 2,400 6,200 300 2,000 2.000 15,400 500 7,000 800 600 124 9.800 39,000 Sales 1,000 300 Sales 47 45 Plan Wis. Indie Group Milwaukee, Dec. 5. — Plans for strictly independent state-wide exhib itors' association without national af filiation will be laid by a committe of the Wisconsin M. P. T. O. an Allied members at a meeting here tc morrow. New Press Book Policy Under a new policy Warner-Fir National press books will be issu€ four weeks ahead of release dates, or coming off the presses every Frida; The first book issued under the ne arrangement is that on "Sweet Ad< line." Warners Sign Donat Hollywood, Dec. 5. — Robert Dons now in London, has been signed Warners to a long term contract. H: first will be "Captain Hood." Tl actor arrives from England abo) April 1. Sells Product in Cuba R. K. Hawkinson, LatiiT-Americ Division Manager for RKO, h closed a deal with the Cuban-Amer can Film Co. for Cuban distributic of the entire Radio lineup for 1934-1 Hawkinson arrived here yesterday. Bamberger Now Managt Leon J. Bamberger, who has be, connected with sales promotion f RKO Distributing Corp., has be given the title of promotion sales ma ager by Ned E. Depinet, president the corporation. Drive Nets $120,315 Hollywood, Dec. 5. — The first t\ weeks of the Community Chest Dri have netted $120,315, or 53 per ce of quota, from the film division, a cording to the Producers' Ass'n. Lila Lee Is Married Lila Lee was married yesterday Harrison, N. Y., to Jack R. Peii son of a clothing manufacturer Chicago and brother of Virginia Pi of the films. J • THE PICTURE OF THE WEEK • The book that made a hundred million Americans laugh at themselves — and love it! That helped make its author the only American writer to win the priceless Nobel Prize — Sinclair Lewis' "BABBITT" becomes the outstanding screen entertainment of the week thanks to the expert craftsmanship of Aline MacMahon, Guy Kibbee, director William Keighley, and Warner Bros. Released Dec. 8th. (A First National Picture) - MOTION PICTURE DAILY Hollywood Personals Hollywood, Dec. 5. — Max Reinhardt interviewing 500 ballet dancers for atmosphere in "Midsummer Night's Dream" at War- ners . . . George Bricker and Joe Sayer collaborating on the script for "Sport Page" at Warners . . . Ann Sothern hires two body- guards . . . Mayfair will open the season with a formal party Dec. 8 following the Notre Dame-U. S. C. game . . . Gene Markey busy working on a new novel . . . Morrison Chapin, Paramount writer, off for a vacation in the East . . . Jackie Cooper back from his personal appearances East . . . Wallace Ford to play lead in "The Nut Farm" for Monogram . . . Pete Harrison in town . . . M-G-M has a letter from a woman in San Jose wanting to know what Maurice Chevalier said in French in the "Merry Widow" to the king in the queen's boudoir. . . . 4 3 Para. Directors Sought by Dec. 27 (Continued from page 1) Howell, vice-president of Chemical Bank & Trust Co., who filled in the vacancies to meet the minimum board membership provision for the purpose of presenting the reorganization plan to the court last Monday. The board will remain inactive from now until such time as the reorganiza- tion plan has been accepted by the court and placed in effect. Its mem- bership of a minimum of 12 will prob- ably be unchanged for some time thereafter, although by-laws of the new company permit a maximum membership of 16. An election of officers and appointment of a manage- ment advisory committee to the board will not be held until after the plan has been accepted by the court. Until that time the Paramount trustees, Charles D. Hilles, Eugerte W. Leake and Charles E. Richardson, continue in full charge of the company. The advisory committee will un- doubtedly consist of leading execu- tives in the production, distribution, management and theatre departments and will be consulted by the board on all technical and specialized problems. There is also under consideration a plan for retaining, on occasion, out- side experts on realty, production, story material and technical subjects for special advisory work for the board. The nine members of the board thus far permanently placed include the following representation : Dr. Julius Klein, Duncan G. Harris and Frank A. Vanderlip, for bondholders ; Mau- rice Newton, for stockholders ; Gerald Brooks, for both stockholders and bondholders; Percy H. Johnston and Charles A. McCulloch for bank creditors ; Adolph Zukor, for manage- ment, and Henry R. Luce for general creditors. Revised Comerford Deal Before Joyce (Continued from page 1) retirement of the 55,330 shares of Class A stock with a par value of $5,533,000, held by the Comerford group. Paramount owns the 62,749 shares of Class B stock of Penncom. No dividends are to be paid on the stock for a five-year period ending Jan. 1, 1938. Priority of the Comer- ford group's rights over Paramount claims against Penncom is asserted in the agreement. Ohio Senate Passes New Type Sales Tax (Continued from page 1) week provided for a straight three per cent levy. Under the terms of the Senate bill, passed by a vote of 21-7, sales under a dime are exempt from the tax. From 10 cents to 40 cents the tax is one cent; from 40 to 70 cents, two cents tax, with three cents on higher amounts. Fractional amounts over 70 cents are taxed on the lower bracket basis. "Vanishes" to Paramount "The President Vanishes" opens at the Paramount tomorrow after all, set- ting back "Limehouse Blues" to fol- low the Walter Wanger picture. Warner Fire Fails To Halt Producing (Continued from page 1) stages or the administration building, the statement said. It follows: "The fire at our Burbank studio was confined to the south end of the lot and fortunately did not reach the sound stages or the administration building. Therefore, the production of the pictures which we now have in work will not be impeded and our release schedule will not be interfered with. We are very thankful that Paul Muni and Michael Curtiz, working late on 'Black Fury,' saw the blaze and sounded the alarm before it was beyond control. Besides 'Black Fury,' five of our biggest pictures of the present season are now in production —'Gold Diggers of 1935,^ 'A Midsum- mer Night's Dream,' 'North Shore,' 'Living On Velvet,' and 'Devil Dogs of the Air.' "My brother, J. L. Warner, vice- president in charge of production on the coast, has assured me by telephone that the blaze on the back lot has not affected any of these productions in any way. All the damage is covered by insurance." Hollywood, Dec. 5. — One man, Albert Rounder, 65-year-old chief of the studio fire department, died of a heart attack and 15 persons were in- jured in the fire which swept the out- door sets on the south end of the Warner-First National lot early this morning. Rudolph Hoop, an actor, and Nick Potskoff, studio workmen, were among the most seriously injured among 15 persons hurt. Seventy-five extras working in "Black Fury" helped fight the fire until the arrival of outside fire appa- ratus. Warners Apologize, Polish Ban Lifted Warsaw, Dec. 5. — The Interior Ministry today lifted its ban on War- ner product after the company had apologized for scenes in "The Life of Jimmy Dolan" and "The Match King." The films contained gangster roles with the names of Koszciusko and Pulaski, Polish national heroes, and were banned six months ago with the government contending that Polish- Americans were portrayed insultingly. Renew with MacDonald Hollywood, Dec. 5. — Frank Mac- Donald, dialogue director at Warners, has had his contract renewed for an- other six months. Chase Men Busy on General Theatres (Continued from page 1) outlook for the company, in bank- ruptcy since Feb. 29, 1932. In the meantime, Fox, which it controlled through acquisition of the Fox Class B voting stock when Harley L. Clarke was active, has been reorganized. General Theatres has liabilities of about $24,000,000, of which $19,000,000 is understood to be owed to Chase. Coast's Bank Night Row Back to Campi Los Angeles, Dec. 5. — After re- hearing three bank night cases re- turned to it from Campi the griev- ance board has decided the theatres involved are competitive and has sent the cases back to Campi again for de- termination. The cases are : Mrs. Jennie H. Dodge, Mission, Ventura, against Glen City, Santa Paula; C. A. Ferry, Gran- ada, Alhambra, against O. W. Lewis, Mission, San Gabriel, and M. E. Bay- lis, Tivoli, West Los Angeles, against \\ ilshire, Santa Monica. Palmer Plea to Be Presented Dec. 14 (Continued from page 1) under Section 21-A of the Bankruptcy Law. Palmer, who also represents Al- lied Owners' bondholders, a large Paramount Publix creditor, asserted that the circuit court's ruling on his Fox Met appeal would establish a precedent which would determine whether or not he would also seek a 21-A examination of the proposed di- rectorate of reorganized Paramount. Flash Previews Lottery Lover — Individual cast per- formances and tuneful melodies keep this one interesting, despite a sketchy story laden with forced humor which holds it to only average entertain- ment. . . . Helldorado — Fantastic drama, build- ing to a topical thrill climax . . . mild general entertainment . . . covers much irrelevant ground. . . . These Ulrns will be reviewed in full in a later issue of Motion Picture Daily. Schubart Honeymooning Aage Schubart, manager of Radio's contract department, is now on his honeymoon somewhere in the vicinity of Atlantic City. He and Doris Lloyd of Chicago were married last week- end. Thursday, December 6, 1934 Club Leaders Hit Doubles at Trial (Continued from page 1) the same bill. She also said a radi* speech delivered by herself had brought opinions against dual bills from 12,000 persons, with only 2,000 favoring th practice. George J. Zehrung, chairman of the film activities of the National Council of the Y.M.C.A., testified similarly Mrs. Alary Gwynn Owens, vice- 1 chairman of the General Federation of Women's Clubs, an officer of the) D.A.R. and chairman of the Phila- j delphia M. P. Forum, testified that j double bills cater to two elements ii an audience and spoil the good fea- tures with weaker ones. A. W. Smith, eastern and southen -; sales manager for Warners, said thai' in his opinion his company is making better shorts than many companie- making second grade features. E. C. Grainger, eastern sales man ager for Fox, stated that his com- pany has 425 independent accounts ir this territory against 75 in circuits He told Judge Welsh the weekly in- come was about $6,000 from circuit.' I against $26,000 from independents. Hi: company leaves the dual problem ti : the discretion of the local exchangt manager, he said. He also stated tha Philadelphia pays more for one featurt than Boston dogs for two. George J. Schaefer, Paramount gen eral manager, testified that since 5'" per cent of his company's revenue wa derived from independents there wa no intention to eliminate them, adding however, that experience had prove* duals cause 20 to 25 per cent loss oi i feature returns. He also said dual had caused Paramount to discontinu 1 its two-reelers and tended to reduc quality of product. J. Robert Rubin, general counsel o M-G-M, told the court he doubted in dependents needed duals as an outle for their product, claiming exhibitor were on their knees asking for gooi films. He agreed that duals made fo lower standards of production. Sam Gross, local exchange man Frank MacNamee and Edward Man sell offered corroborative testimom First Division Will i Release "Time" Red (Continued from page 1) Time, editorial director, and Loui. de Rochemont, former Fox Movieton '. production executive, technical direc tor. That a deal for distribution of th dramatized newsreel through Fir; Division was underway was publishe; in Motion Picture Daily on Ned 15. The understanding is that the tieu between First Division and 7»»fcl which is backing the venture, wa worked out through the suggestion of the Curtis-Fiske-Ludington grou which recently acquired a half intere; in the distributing organization. It is understood that at the stai sales will be limited, the country bein, divided into 3,000 areas, in each d which one exhibitor will get the ree' The theory is that this arrangemen will give each exhibitor full benefit c the promotion and will build a deman for the films. It is also understoo, exhibitors will be allowed to terminat their contracts should they feel th reels to be unsatisfactory. I NOMINATE THIS CAMPAIGN FOR FIRST PRIZE in the Quigley Awards for Show- manship in the M. P. Herald" BABES IN TOYLAND (LAUREL- HARDY FULL LENGTH M-G-M FEATURE) At the Stillman, Cleveland. Harry Long, Manager J President Roosevelt in person responded by telephone to an offer to give proceeds of Midnight Show to Warm Springs Fund. Result: front page publicity! 2# Staged arrival of print from Hollywood via United Airlines * . . . airport picture used by Press. 2# World premiere midnite Wednesday preceded by band pa- rade . . . including persons wearing paper mache heads . . . red flares . . . banners . . . arc lights in front of theatre . . . broadcast on sidewalk thru WGAR by invited guests such as the Governor-Elect Davey . . . Mayor Davis and others . . . Radio Station providing local talent entertaining be- tween introductions. 4 All celebrities and invited guests received Jumbo telegrams of invitation delivered by Postal Telegraph messengers in tie-up with that company. 5. Distribution of 8,000 advertising toys to pupils as they left the various public schools. ^ Tie-up with Old Gold for placing of. theatre and playdate stickers on colorful Laurel and Hardy posters in all im- portant cigar stores and counters in city. 7. Tie-up with leading stores in city for toyland window dis- plays . . . using attractive signs on easels giving name of attraction . . . theatre and playdate. 8 . Bookmarks in twenty-five public library branches. Q Posters on both sides of 35 Superior Transfer trucks float' ' ' ing target day and night . . . delivering local newspapers from plants to railroads also merchandise from leading stores. l/> "Babes in Toyland" float . . . two scenes from the picture on attractive flat truck . . . illuminated at night will parade thru downtown thoroughfares as an advance ballyhoo, prior and during engagement and then entered in monster Pre-Christmas parade sponsored by Cleveland Press similar to that of Macy's in New York on Thanksgiving Day. 11 Lead stories in Plain Dealer and News of Nov. 26th with • art . . . special story in Press of same date part of Toyland Parade announcement. 12. 13. 14. 15. 16. 17. 18. 19. 20. Cleveland Press dated Nov. 27th using art and story on "Babes in Toyland" as picture presentation at Stillman and reproduction of scenes on float for Parade, on December 7th. 10,000 Teaser football heralds distributed at Cleveland News Skippies game at League Park, November 25th, for Christmas Fund . . . also at Reserve-Carroll game on Thanksgiving Day closing local football season. Increased newspaper advertising Space. 1,000 stickers on morning newspapers delivered to guests at Hotels Carter, Hollenden and Fenway Hall. One sheet colorful poster on cards exhibited in lobbies of Hotels Statler . . . Cleveland . . . and Allerton. Advance lobby displays . . . screen trailers. 1,000 Gummed stickers on Mullaire Cleaning bags to homes. Laurel and Hardy "reserved" cards for tables in leading restaurants and hotels. "Babes in Toyland" ice-cream cones for kiddies in 48 Marshall Drug stores . . . posters behind fountain and in windows. P. S. And the business was sensational* You're next! Hal Roach's BIGGEST FEATURE LENGTH SUCCESS! BABES IN TOYLAND featuring LAUREL - HARDY and Great Cast in Victor Herbert's spectacular Musical Stage Hit! itor MASCOT PICTIIPFS CORPORATION 1776 BROAD'/ MFW YORK. J hursday, December 6, 1934 MOTION PICTURE DAILY rhree Clearances Up to Campi Today Three clearance and zoning sched- les, Kansas City, Buffalo and New laven, will be discussed today by rampi at its meeting which will be resided over by Charles L. O'Reilly, ohn C. Flinn, who returned late last ight from Chicago, will not make a eport on the coast situation due to ack of time for preparation. Deputy "idminist'rator William P. Farnsworth, iho attended a session of the Legi- imate Theatre Code Authority here esterday, will represent Compliance Director Sol A. Rosenblatt. Action on the Kansas City plan will e held up because of the price war, ihich has not yet been settled; the Buffalo schedule will be returned as ot being in conformance with the 12 asic principles of clearance and zon- ng set down recently, and the New laven plan, while it may be approved or publication, cannot be adopted until general hearing is held. Some weeks ago the New Haven chedule was returned with specific nstructions on setting up clearance, nd while it is in good shape, it will lave to be returned to the local board nd a public hearing held before it an be put into effect. Flinn Returns With Favorable Reports Returning from a short trip to the roast where he sat with the studio abor, standing and registration com- mittees for extras, John C. Flinn last night reported "everything is in splen- did condition." He returned by plane from Chicago where he spent two days. The Code Authority executive sec- retary stated, that while in Lqs An geles and Chicago, he acquainted him self with the records of the local boards and found everything going along smoothly. He did not sit with any exhibitor bodies, he said. While the Los Angeles schedule is in pretty good shape, Flinn added it is still before Campi. He could not tell when it would be put into effect He expects Campi to clarify the Kan- sas City clearance and zoning sched- ule today, which may, in turn, expe dite zoning throughout the country. Overbuying Charged By Morris Kutinsky Morris Kutinsky has filed an over- buying complaint against A. H. Schwartz, contending that the de- fendant has purchased all major prod uct, leaving him without a picture for the Community, Queens Village. Schwartz operates the Queens, same community. Louis Nizer will defend Schwartz when the case comes up next Tuesday before the New York grievance board Kutinsky contends that last season he had all of Paramount and Fox and half of Radio, Columbia, U. A., and Universal outputs. This season, Ku- tinsky holds, he cannot get anything but the "sluff" rejected by Schwartz. Loew Meeting Delayed A meeting of Loew's, Inc., directors scheduled for yesterday was postponed until Dec. 11, following a special stockholders' meeting, because of lack of a quorum. Reade Plainfield Appeal Is Argued With 355 major pictures already bought for requirements under present policies calling for 387 films, Leo Jus- tin, representing Walter Reade, de- clared before a Campi appeal commit- tee yesterday that he had not over- bought for the Strand, Oxford and Paramount in Plainfield, N. J. Justin was appealing from a decision handed down by the New York grievance board awarding the Liberty, same city, 70 pictures. As a matter of fact, Justin asserted, Reade has underbought, and the fact that the Liberty cannot get any first run major product is comparable to situations in Englewood and New York where Skouras has bought up all major films in the former city and the Music Hall from 85 to 87, leaving Reade the rejections. Justin stated that the Strand cost $600,000; the Oxford, $550,000, and the Paramount, $400,000. From Feb., 1933, to Feb., 1934, Reade lost $68,000 operating the three houses, Justin stated. Samuelson Represents Complainant Sidney Samuelson, representing Joseph Sicardi of the Liberty, con- tended that if there were 70 pictures less on the market, Reade would con- tinue to operate just the same. Sam- uelson introduced figures and film rentals, showing that in the 1929-30 season, the Strand played 59 pictures, the Paramount was closed, the Ox ford took 86, and the Liberty 95,, of which three were independents. In the season of 1930-31. the Strand played 51; Paramount, 49; Oxford 104; Liberty. 93. For 1931-32, the Strand, 45 ; Paramount, 53 : Oxford 114; Liberty. 81. For 1932-33. the Strand. 51; Para- mount. 71; Oxford, 174; Liberty, 84 of which nine were independents. For 1933-34. the Strand, 69; Paramount 132; Oxford, 159; Liberty, 88, of which three were second runs. Sicardi said he paid the following rentals for films : "Dames." $846.30: "Footlight Par- ade." $610.68 ; "Golddiesers." $2,045.77 for 11 days; "City Lights." $2 062.17: first run of "42nd Street," $617.36: first repeat run, $250 ; second repeat run. $200 ; third repeat run. $125. Under cross examination by Samuel- son, Sicardi said that Roy Haines of Warners would not sell him half of the company's product until another major comoany had sold him 50 per cent of its films. Mickey's Brows Rise A statue for Walt Disney was suggested by Sir Harry Brittain at the annual dinner of the Institute of Amateur Cinematographers in Lon- don the other night. This comes on the heels of a university lecture on "The Flying Mouse" under the aus- pices of the Art Institute sponsored by the Carnegie Foundation at Brown Uni- versity. If this keeps up, Mickey will have to use his Latin name — Michele Mus. return to Washington the boards of directors of the Actors' and Writers' Guilds are applying themselves with added determination to devising re- vised codes of fair practice which they hope to have ready for filing in Washington within two weeks. It was revealed today that the cru- cial moment in the negotiations be- tween the producers and the guilds came when the former presented a 16- article plan for a new association to Chicago Pair Here to Argue Over Releases (Continued from page 1) designated first runs in all of the va- rious zones as the date from which pictures become available for the neighborhoods involved. The exhibi- tors contend that there is no unity in releasing systems and this is causing much confusion when it comes to sending in cancellations 14 days after first run. Theatre men in Chicago declare that downtown first runs are the de- termining factor for release dates and not the neighborhoods. govern the various branches of the industry, its setup paralleling that of the Academy. It is said the guilds were willing to accede with certain revisions, most of them providing for individual autonomy in bargaining for working conditions. The producers, it is understood, refused these de- mands. It is revealed some items in the actors' and writers' codes were not important enough to be embodied in the Federal laws controlling the NRA. Rosenblatt Hopeful On Coast Situation (.Continued from page V) spent on the coast in an attempt to break the deadlock between the two. During his stay in Hollywood, Ro- senblatt held a number of conferences with representatives of both sides. The deadlock was caused by the re- fusal of the producers to accept the demands of the actors' representatives on the five-five committee and the objection of the players to any modi- fication. The principal point at issue is the demands of the actors for what the producers consider practically a Hosed shop. Bend Efforts to End Deadlock Hollywood, Dec. 5. — With Com- pliance Director Sol A. Rosenblatt's released thru— The New Major FIRST DIVISION HARRY H. THOMAS president p ■■I _ >J0f~- air*' '"•'5* H The Leading Motion^ Picture Industry MOTION PICTURE DAILY Alert, Intelligent ithfui the In in All Branches OL. 36. NO. 134 NEW YORK, FRIDAY, DECEMBER 7, 1934 TEN CENTS Rush Devices To Substitute For Tri-Ergon Bell Laboratories Busy On Orders from Erpi Bell Laboratories, working under rders from Erpi, are rushing to com- >letion several types of recording and eproducing devices as substitutes for hose covered by American Tri-Ergon latents. with final tests of all such de- velopments scheduled to he completed >rior to Feb. 1, it was learned yes- erday. Erpi has set the Feb. 1 deadline in mticipation of a U. S. Supreme Court rearing on the pending review of Tri-Ergon litigation being reached the iveek of Jan. 14 and the high court's lecision being handed down within a month thereafter. Even if the Su- preme Court's decision upholds the validity of the Tri-Ergon patents, six to eight additional months would elapse before the patents company could bring an action against Erpi to conclusion, in the opinion of attor- neys. During that time replacements < Continued on page 6) Virginia's Censors Turn in $13,909.58 Richmond, Dec. 6. — As a result of drastic economies the censor board has turned $13,909.58 into the state treasury so far this year. This is the highest figure for any year during the 12 the board has been in existence. During the fiscal year the board has viewed 1,415 films, a decrease of 149 under the previous year, with a de- crease in footage from 5,227,000 to 4,901,000. Total receipts for the 12 years have been $315,806.85. Expenses have been S-'co.343.38, leaving a surplus of $80,- 403.47 for the state. Trans-Lux Charges Dangerous — Furber "Investors face a serious threat in the safety of their securities through unwarranted and baseless allegations by so-called independent reorganiza- tion committees," Percy N. Furber, (.Continued on page 6) NRA Men Say Year Proves Code's Worth Film Setup Only One for An Entire Industry By CLARENCE LINZ Washington, Dec. 6. — One year of operation under the code has amply demonstrated the advantages of the agreement, it was said today by NRA officials upon the first anniversary of the document. Reluctant to evaluate the advan- tages of the code in the framing and administration of which he took a prominent part, Compliance Director Sol A. Rosenblatt contented himself with commenting "we got away to a very late start, but I think in the short time we have had it the code has proved its value and worth." In other quarters of the adminis- tration, however, the code was more frankly discussed, it being pointed out that it is the only agreement in which all the branches of an entire indus- try are covered, one of the few which is satisfactory to both the government (Continued on page 7) Rosenblatt Denies He Intends to Quit Washington, Dec. 6. — A flat de- nial of reports emanating from Cali- fornia that he was about to sever his connection with the NRA was made today by Compliance Director Sol A. Rosenblatt, who declared he had no intention of leaving the organization at this time, particularly in view of the important matters which are pend- ing- Rosenblatt denounced rumors that he would become assistant to Harry M. Warner, president of Warners, as- serting that the matter had never been broached to him. Beau Geste Paramount and United Artists were among the first companies to offer studio fa- cilities for the asking to War- ners as a result of the fire at the Burbank plant late Tues- day night. Adolph Zukor and Joseph M. Schenck made available their respective plants if Warners needed them in the event production were ham- pered because of the fire. Opposition to Para. Plan Is Slight So Far Very little opposition to the Para- mount plan of reorganization has de- veloped since submission of the plan to the court early this week. General satisfaction among creditor groups is marked and leads to the be- lief in reorganization circles that Paramount may be out from under court jurisdiction by Feb. 1. Essen- tially all of the large creditor com- mittees together with the stockhold- ers' committee, which represents more than 50 per cent of the Paramount shares outstanding, are supporting the plan. The only open opposition, to date, has been voiced by Samuel Zirn, said to represent holders of less than $50,- 000 of debentures, and by Archibald (Continued on page 6) Order Ready to End Lease on Criterion A report which will approve the de- cision of the. Paramount Publix trus- tees to permit foreclosure on the Cri- terion and Loew's New York proper- ty by defaulting on the mortgages was (Continued on page 6) Judge Welsh stated the question to be decided is whether the unity of ac- tion of the defendants in using double feature clauses in contracts has result- ed in collusion and restraint of trade. Earlier in the day three exchange men testified their companies had en- forced the anti -doubles restriction at (Continued on page 6) Fight on Free Shows Set for Campi Hearing Radio, Stage and Papers Join Opposition Vigorous protests against free shows sponsored by Standard Oil Co. will be made today by representatives of film, radio, the legitimate theatre and newspaper codes at a meeting at Code Authority. The session starts at 11 this morning. Ed Kuykendall, Harold S. Bare- ford, Charles L. O'Reilly, Leslie E. Thompson and circuit executives will represent the film industry ; Merlin H. Aylesworth will represent radio, Dr. Henrj' Moskowitz and William A. Brady the legitimate theatre, and F. M. Williams the newspaper code authority. At yesterday's meeting, Campi adopted a resolution against the free shows. The first entertainment on a gratis arrangement was held in New Haven on Saturday. Yesterday, a free show was held at Symphony Hall in Boston. Today another will be held at the Metropolitan, Providence. To- (Continued on page 7) Chicago Complaints To Go Before Campi No action was taken by John C. Flinn yesterday after a brief confer- ence with Jack Miller and Aaron Saperstein on the Chicago releasing situation. The executive secretary of Campi could not act on the matter and will refer it to Code Authority for action at its next meeting, Dec. 13. Representing independent groups, Saperstein and Miller complained that distributors were holding up releases, setting dates after first runs in the neighborhoods instead of downtown houses. This system, it was stated, confuses the exhibitor when he wants to take advantage of the 10 per cent cancellation, in addition to holding up dates. New Haven Schedule May Be First Ready New Haven's clearance and zoning schedule may be the first to get the official nod of Campi. Discussed (Continued on page 7) Botsford Picked as Para. Scenario Head Hollywood, Dec. 6. — Paramount's scenario department has been shuf- fled as a result of the resignation of (Continued on page 6) Phila. Duals Trial Closes; Decision After the Holidays Warners* Mysteries Grouped as Series W ith 20 per cent of the current schedule mystery features, Warners are planning a special exploitation campaign on these 12 to set them up {.Continued on page 7) Philadelphia, Dec. 6. — Trial of the Harry Perelman suit to force major Hstributors to eliminate dual bans ■ rom contracts for the new season came to a close in Federal court here today. Judge George A. Welsh is ex- pected to hand down a decision after the holidays. Both sides were given until Dec. 21 to file briefs. 2 MOTION PICTURE DAILY Friday, December 7, 1934 MOTION PICTURE DAILY (Registered U. S. Patent Office) Vol. 36 December 7, 1934 No. 134 Martin Quigley Editor-in-Chief and Publisher > MAURICE KANN MR A Editor SfSf iStBi JAMES A. CRON Xp W^^^Ki Advertising Manager Published daily except Sunday and holi- days by Motion Picture Daily, Inc., sub- sidiary of Quigley Publications, Inc., Martin Quigley, President; Colvin Brown, Vice-President and Treasurer. Publication Office: 1790 Broadway, New York. Telephone Circle 7-3100. Cable ad- dress "Quigpubco, New York." All con- tents copyrighted 1934 by Motion Picture Daily, Inc. Address all correspondence to the New York Office. Other Quigley pub- lications: MOTION PICTURE HERALD, BETTER THEATRES, THE MOTION PICTURE ALMANAC and THE CHI- CAGOAN. Hollywood Bureau: Postal Union Life Building, Vine and Yucca Streets, Victor M. Shapiro, Manager; Chicago Bureau: 407 South Dearborn Street, Edwin S. Clif- ford, Manager; London Bureau: Remo House, 310 Regent St., London, W. 1, Bruce Allan, Representative. Cable address: "Quigpubco, London"; Berlin Bureau: Berlin - Tempelhof , Kaiserin - Augustastrasse 28, Joachim K. Rutenberg , Representative; Paris Bureau: 19, Rue de la Cour-des- Noues, Pierre Autre, Representative; Rome Bureau: Viale Gorizia, Vittorio Malpassuti, Representative; Sydney Bureau: 102 Sus- sex Street, Cliff Holt, Representative; Mex- ico City Bureau: Apartado 269, James Lockhart, Representative; Glasgow Bureau: 86 Dundrennan Road, G. Holmes, Repre- sentative; Budapest Bureau: 3, Kaplar-u, Budapest, II, Endre Hevesi, Representa- tive; Moscow Bureau: Civtzev Vrazhek, N. 25, Apart. 146, Moscow, U. S. S. R., Bella Kashin, Representative. Cable ad- dress: "Samrod, Moscow." Entered as second class matter, January 4, 1926, at the Post Office at New York City, N. Y., under Act of March 3, 1879. Subscription rates per year: $6 in the Americas, except Canada $15 and foreign $12. Single copies: 10 cents. Chadwick to Start Soon Hollywood, Dec. 6. — I. E. Chad- wick has completed plans to produce a 12-two reel animal serial for the independent market. He plans to start work around Jan. 5. No title has yet been selected. Nat Saland of Mercury Film La- boratory will handle the printing of the Chadwick serial. RKO, Paramount Win RKO won three games from War- ners and Paramount took the honors by the same count from United Art- ists in the latest games of the M. P. Bowling League. Fox won, 2-1, from Columbia and also by the same margin from Consolidated. Paramount con- tinues to lead the league with Fox and RKO trailing. Cochrane to Coast R. H. Cochrane, vice-president of Universal, left for Hollywood yester- day to confer with Carl Laemmle, Sr. on production and code matters. Willard S. McKay, general coun- sel of the company, accompanied him. Jack Cohn Returning Jack Cohn, vice-president of Col- umbia, is due back from the coast by today after conferring with his brother, Harry, on European condi- tions. Insiders' T N case you have forgotten it, *■ or because it has slipped its moorings in your mind, as it has with many others, this is the day which marks the first anniver- sary of the effective date of the code. Signed in Warm Springs on November 27 by the Presi- dent, the document, born of trav- ail, weariness and the propaga- tion of special and selfish interests, rested in its NRA files until one minute past midnight on December 7 a year ago. Then and there, it became part of the law for this industry to conform with, objections and misgivings and hopes notwithstanding. . . . T What about this first year of code regime? Has the excite- ment left any quarter of the in- dustry more content, more con- vinced that the New Deal handed out has spread its prom- ised quota of business sunchine? This scout has been trying in as diligent a manner as he knows how to get a line on reactions lurking in different sectors. Quickly and to make himself and his research perfectly clear, he tells you without delay that the pickings were pretty slim, the echoes more closely resem- bling razzberries than cheers. . . . T Perhaps code experience in this industry merely reflects the attitude of all private business. It is a fact, however, that the groups which make up the pro- duction and distribution phases of this industry would much prefer to have the government or its agencies attend strictly to the business of government. Ex- hibition bows to an identical direction. The code was not wanted. Nobody asked for it and its creation came about only because of the mandate of the Outlook NIRA. It was supposed that, under the theory of the Recovery Act, the commercial domicile in which the business, like others, is registered would be a more pleasant place in which to abide, that family squabbles would be fewer and marked with less in- tensity. . . . T An ennobling theory, of course, and worthily idealistic. But what about it? There is this about it. In exhibition the in- dependents have been wailing loud and long over their denied penchant for bank nights, what they term the injustice of restric- tions in the matter of premature advertising. That's merely to make the operations of the first runs more, more and more sacro- sanct, say they. They complain, too, about the tightening grip of the circuits and their mass buy- ing power as it fits into the vexa- tious and still unsolved problem of clearance, once known as pro- tection. The circuits, swollen and impressed by their own posi- tion, are refusing to relinquish that which they have now and are prone to demand more, as who is not ? . . . T Distributors, being sellers, pre- fer to string along with their more powerful customers, or, in other words, the circuits numeri- cally impressive in buying con- tent and in numbers of theatres. Their attractions, expensive to make and star-studded with mechandisable names who are expensive to create, to keep and to protect, must be safeguarded, argue the distributors. Clear- ance, therefore, is, or should be, determined by price. They want it that way, insist upon and so leave the answer in little doubt, if any at all. A pretty impasse on all counts in the direct con- sequence. . . . ▼ Some theatre operators, be- cause they are always jealous of direct and imaginary competi- tors, are using the overbuying provisions of the code in an at- tempt to chisel pictures which they want, but do not necessar- ily deserve. Others continue to sweat over the delights, as they see them, of a broad right-to- buy - in - the - open-market setup. Exhibitors and all others don't like the labor provisions which make their operations more costly while the returns, theorized for them through a reduction in the horde of the unemployed, are something so far not reflected on the balance sheets. . . . T Producers and distributors heartily dislike the added pay- roll burdens which have faced them in the first year under the code. Their line of reasoning is very simple to understand and. therefore, very simple for this outpost to comprehend. "Condi- tions are still not good. Grosses are not what they ought to be, yet it costs us more to operate each week. Where do we get off?" they inquire. Well, where do they get off? This is one of the questions this column has been trying to have answered, but no kindly volunteer has appeared on the scene. . . . T Code Authority meetings, for some time now, have been giving this one and that one a pain, a good stiff pain where this one and that one would rather not have it. They resent the time it takes from the normal conduct of their jobs. They do not relish the arguments, the constant creeping to the fore of the spe- cial interests represented by all and sundry, or at least, sundry. They want to know why they cannot be permitted to proceed in their usual way in the usual search — frantic in these days — of a profitable dollar. . ." . T On the coast, the cat-and-dog fight between the creative work- ers and their employers, the producers, steadily has been growing worse. Compliance Di- rector Sol A. Rosenblatt, just returned to Washington, ran into that thing called deadlock and even his presence, backed by the full majesty of the NRA, did little or nothing to break it. Strike talk is in the air out there and, while the manner in which it is being so loosely bandied about, makes it smack plentifully of propaganda for a cause, the strained relations between actor and producer and writer and pro- ducer do no good to that in which the industry is primarily inter- (Continucd on page 19) Columbia Off One on Big Board Net High Low Close Change Sales Columbia Pictures, vtc 40 39'A 395* —1 1,000 Consolidated Film Industries 4** 454 454 + lA 1,500 Consolidated Film Industries, pfd 19** 195* 195* — ** 2.700 Eastman Kodak 11254 112'/2 112'/2 — 54 100 Fox Film "A" 13% 1354 1354 — 54 1.900 Loew's, Inc 36*4 35*4 35^ — ** 4.300 Loew's, Inc., pfd 105 104*4 105 + 54 200 Paramount Publix, cts 3** 3** Wt — Vi 900 Pathe Exchange 1454 1354 1354 — 54 400 RKO 25* V/s 2 2,300 Warner Bros 554 4% 4% — 5* 5.500 Warner Bros., pfd 23J* 22** 2356 + 'A 2,000 Trans Lux Gains Eighth on Curb Net High Low Close Change Sales Technicolor 1354 13** 1354 — ** 700 Trans Lux 25* 25* 25* +54 300 G. T. E. Bonds Show Better Tone Net High Low Close Change Sales General Theatre Equipment 6s "40 954 9*6 954 + Si 15 General Theatre Equipment 6s '40, ctf 854 854 854 + 54 1 Loew's 6s '41, ww deb rights 105 104*4 104*4 3 Paramount F. L. 6s '47 61 60*6 60** — ** 20 Paramount Publix 554s '50 61*g 61 6154 — 'A 9 Warner Bros. 6s '39, wd 61 61 61 + J* FLIRTATION WALK fitsl of 7>ke Bi# SUois fern \t)wm Bw. NATION'S PRESS ROARS DEAFENING Z1-GUN SALUTE TO THE ALL-AMERICAN HIT star-spangled ir of first rate i fun awaiting i in grand new sical." —N. Y. American FLIRTATION WALK fksi ef 7>Ue dif Shots ftm towuw Bw. MORE NEWS ON PAGE 8 6 MOTION PICTURE DAILY Friday, December 7, 1934 Phila. Duals Trial Closes; Decision After the Holidays Opposition to Para. Plan Is Slight So Far (Continued from page 1) Palmer, who represents no Paramount creditors but is counsel for bondhold- ers of Allied Owners, one of the larg- est Paramount creditors. Both Zirn and Palmer are pointing their criti- cism toward the board of directors proposed and each has declared an in- tention to seek an extended examina- tion of board members and principals identified with the drawing up of the plan. Other creditors' representatives who, while they have voiced no oppo- sition," have not accepted it, include debenture holders represented by Saul E. Rogers and others represented by Szold & Brandwen. The latter, it is understood, may subscribe to the plan prior to the creditors' hearing sched- uled for Dec. 27. Rogers has been away from the city during the past week and has not had an opportunity to study the completed plan. His policy during the course of the Para- mount bankruptcy, however, was not marked by its friendliness toward the administration of the company. Can Delay Reorganization The examinations sought by Zirn and Palmer could delay the reorgani- zation several months even though they were not authorized by the court of first jurisdiction. In that case, ap- peals to higher courts undoubtedly would be taken by either or both. Zirn, a year ago, carried an action aimed at the removal of two of the three Paramount trustees to the U. S. Supreme Court and on several oc- casions carried his objections to other procedures in the bankruptcy to the U. S. Circuit Court of Appeals. The Paramount plan already has the support required by Section 77-B of the Bankruptcy Act, which is a majority of each class of stockhold- ers and two-thirds in amount of each class of creditors whose claims have been allowed. The act then provides that the court may, after the hearing of creditors' objections, confirm the plan if satisfied that it is fair _ and equitable and does not discriminate unfairly in favor of any class of cred- itors or stockholders, is feasible and complies with the other stated pro- visions of the act. When confirmed by the court the plan becomes bind- ing on those who have not accepted it as well as those who have. Appeals could, of course, be taken by opposing attorneys from a district court order confirming the plan. Order Ready to End Lease on Criterion (Continued from page 1) prepared for the Federal district court yesterday by Special Master John E. Joyce and an order recommending the procedure will be signed by him to- day. City Bank Farmers Trust is the holder of the mortgages on the property. Orders were signed yesterday by Federal Judge Alfred C. Coxe ex- punging the $1,513,604 claim of the Stanley Co. estate against Paramount. The claim had been based on an al- leged guaranty by Paramount of a lease on the Kettler, West Palm Beach, Fla. Judge Coxe also signed an order permitting the Paramount creditor bank group to intervene in the reorganization proceedings. Botsford Picked as Para, Scenario Head (Continued from page 1) its head, Merritt Hulburd, to join Samuel Goldwyn. A. M. Botsford, executive assistant to Emanuel Cohen, becomes head of the scenario department with Bogart Rogers as scenario editor. William Wright, former production assistant to B. P. Schulberg, takes over Botsford's production activities in addition to as- sisting Cohen. U. A. Invites Diplomats Spanish and Latin-American diplo- mats and consular representatives have been invited to the premiere of "The Private Life of Don Juan" at the Rivoli tomorrow night. Among those who have accepted, United Artists states, are : Luis Calderon, Spanish ambassador ; Caetano de Quesada, Cuban consul-general ; Alfonso Grez, Chilean consul-general ; S. E. Duran- Ballen, Ecuadorian consul-general ; Luiz de Faro, Brazilian consul-gen- eral ; Juan M. Jiminez, Costa Rican consul-general ; P. R. Rincones, Ven- ezuelan consul-general ; G. Lopez Fabrega, Panamanian consul-general ; Leonardo Lara, Guatemalan consul- general ; Walter J. Decker, Bolivian consul-general ; Edmund Dell Scotti, Paraguayan consul-general ; Dr. F. L. Batlle, Dominican consul-general ; Traverso Conrado, Argentinian con- sul-general ; Antonio de la Cruz, Spanish consul-general ; F. Pardo de Zela, Peruvian consul-general ; P. Riva Costa, Uruguayan consul-gen- eral, and L. Lupian, Mexican consul- general. Close New England Deals Stage and Screen Prod., Inc., and Superior Talking Pictures, Inc., have just closed deals with Cameo Attrac- tions, Inc., for several series of west- erns in the New England territory. The Stage and Screen deal is for six northwest mounted pictures and two serials, "Custer's Last Stand" and "Pioneers of the Plains," and the sec- ond is for six "Range Rider" and six "Rough Rider" westerns. Spellman on Way East Hollywood, Dec. 6. — Howard Spell- man, former assistant district attorney in New York and recently story editor at Radio, has completed an original storv in collaboration with Joe Cun- ningham and has left for New York. He has a legal job ahead and he says he also has some theatrical plans. Color Short at Capitol M-G-M's "Toyland Broadcast," a short subject produced in color by Harmon-Ising and aimed for holiday programs, has its first New York showing beginning today at the Cap- itol. (Continued from page 1) various times between 1930 and 1932 as result of complaints made against the Venice Theatre. In summing up for the plaintiff Benjamin M. Golder quoted from a California decision restraining collu- sion in fighting double features. In rebuttal Morris Wolf, defense attor- ney, denied the existence of collusion, asserting double featuring tended to cut down attendance at theatres and reduce interest in films on the part of patrons. Opinion among unofficial observers is that Perelman will win his fight for an injunction. If the court should so decide, they believe an appeal will be taken. Trans-Lux Charges Dangerous — Furber (Continued from page 1) president of Tranx-Lux Daylight Pic- tures Screen Corp., declared in a statement yesterday in reply to charges against his company. With full aonreciation that stock- holders are entitled to complete and dependable knowledge of the conduct of their companies, Furber said, reck- less allegations made against corpora- tion executives by self-appointed cham- pions of stockholders disturb share owners, injuring the company's busi- ness and destroying confidence in gen- eral business. "In our own case we have frankly and willingly acquainted our stock- holders with the true facts about their company's operations, but due to the widespread discontent among owners of securities and confusion of the world depression, the public may easily be misled, especially where technical or legal questions are in- volved. The so-called reorganization committee seeking proxies from Trans-Lux stockholders cannot sub- stantiate a single allegation made in their circular letters to our stock- holders. Our published financial state- ments for the past six years show that the company earned $1,745,000 during that period. The company's financial condition is the strongest in its his- tory with approximately $400,000 cash. Secondly, the charge that officials of the company were negligent in pressing its suit against the News Projection Corp. is not supported by the Supreme Court's decision in favor of the com- pany, resulting in about §2,000,000 more in equities for our stockholders than would have been possible through the compromised plan suggested by those identified with the reorganiza- tion committee. No member of this reorganization committee was a stock- holder of record when the first letter was sent out early in October seeking proxies. At the stockholders' meet- ing scheduled for Dec. 19 every accu- sation will be fully and vigorously answered." Song Stories in Work Two subjects in Educational's Song Hit series were placed in work yes- terday under Al Christie. They were "The Song Plugger," starring Sylvia Froos, and another as yet untitled but starring Frank Luther. Rush Devices To Substitute For Tri-Ergon (Continued from page 1) of the parts which were held to in- fringe could be made. The actions under review involve Wilmer & Vincent and Publix Al- toona's use of the flywheel device and Paramount's use of the double print method. In the event of an adverse decision, the Feb. 1 deadline for com- pletion of substitute developments would permit replacements in the lim- ited number of reproducing and re- cording sets involved. A subsequent action against Erpi itself would re- quire replacements for all of the equipment company's apparatus in use, which are approximately 11,000 repro- ducers, on the basis of two machines to a theatre, and approximately 1,500 sets of recording equipment. Erpi Has Substitute Devices Erpi is known to have at least two devices in work to substitute for the Tri-Ergon flywheel, in the event the patent is upheld. Tests of one of these are in progress in nine New Jersey theatres. Several substitutes for the double print method are also at hand, although it now appears that the so- called "hill and dale" method of re- cording which was at first regarded to be the most likely to be utilized in case of necessity, is being supplanted in laboratory favor by at least two new discoveries believed to be even more satisfactory. The "hill and dale" method, how- ever, is still holding the interest of Hollywood technicians. Employed by Columbia for "One Night of Love," by Paramount for "Enter Madame" and by Walter Wanger for "The President Vanishes," Warners, Fox and United Artists are known to be interested in the new equipment and Columbia is also reported to be con- sidering its use for a new Grace Moore picture. Erpi has retained former Attorney General William D. Mitchell as lega' consultant for the pending Supreme Court hearing. Mitchell, in associa- tion with Charles E. Neave, Erpi'; patent attorney, may present part oi all of the review argument before the high court next month. Harry Shiftman Feted Harry Shiftman, president of Isl( Theatre Corp., was yesterday tenderec a birthday party at the Paramoun Chop House by his exhibitor and dis tributor friends. Cohen Joins 1st Divisior Detroit, Dec. 6. — Milton Cohen ha been named exchange manager fo: First Division here by Al Friedlande: and offices will be opened Dec. 15 ii the Film Exchange Building. Schulberg Coming Here Hollywood, Dec. 6. — B. P. Schul berg left by train last night for Nev York to discuss his future theatre am film plans. Spurin-Calleia Signed Joseph Spurin-Calleia, now appear ing in the Broadway hit, "Smal Miracle," has been signed by M-G-M MOTION PICTURE DAILY riday, December 7, 1934 ?ight on Free Shows Set for ]!ampi Hearing (.Continued from page 1) lorrow at Bushnell Hall, Hartford, jdiences will be invited free to see i entertainment. On Dec. 10, a Stand- -d Oil show will be given at the uditorium, Springfield, Mass. Distributors and exhibitors are in -ms against the type of show being aged by the oil company, charging lat an attempt is being made to put le exhibitor out of business. It is ated that this kind of unfair com- ?tition is the worst ever and there no way to combat it unless the RA acts. The resolution, adopted by Campi, illows : "Whereas, the attention of the Code uthority has been called to an advertis- g campaign proposed by Standard Oil . of N. J. which contemplates the pre- ntation in various cities throughout the nited States of full length theatrical per- rmances. and "Whereas, attendance at such perfor- ances may be had without the payment a reasonable admission price, and "Whereas, the proposed action has been refully considered by Code Authority, >\v therefore, be it "RESOLVED: (1) That such advertising; in direct competition with established eatres engaged in the exhibition of mo- >n pictures: "(2) That such competition is unfair in at the failure to charge a reasonable ad- ission price by the Standard Oil Com- iny of N. J. will drastically decrease at- ndance at established theatres, and in iat the Standard Oil Company of N. J. ill not be subjected to certain general and 'ecial taxes and licenses borne by estab- .hed theatres: "(3) That such unfair competition will duce the amount of film rental paid to embers of the motion picture industry igaged in the distribution of motion pic- res and hence retard the high quality of oduction of motion pictures: "(4) That such unfair competition will nd to jeopardize the high standards for bor established by the code of fair com- tition for the motion picture industry; "(5) That these burdens placed upon the otion picture industry will affect the qual- y and quantity of amusement afforded ie general public and thus react against le public interest: "And it is further "RESOLVED: That a copy of this reso- tion be sent to the officers of the Stand- ■d Oil Company of N. J. in protest against ie proposed advertising campaign of that >mpany." Sew Haven Schedule May Be First Ready (Continued from page 1) riefly by Code Authority yesterday, it as held the plan was in good shape id will be discussed thoroughly at ie next session, Dec. 13, when S. R. lent will act as chairman. Because of the price war in the ter- tory, Kansas City's schedule was eld in abeyance. Campi members ad- litted no action could be taken until ie theatres get down to a definite amission scale. The Buffalo plan was sent back for svision. That this action would be iken was reported in Motion Pic- ure Daily on Tuesday. Just back from a coast trip, John '.. Flinn made a lengthy favorable sport on the extra situation. Attending yesterday's session were paries L. O'Reilly, chairman, Ed oiykendall, Nathan Yamins, Deputy Ldministrator William P. Farnsworth, Robert Youngman, Sidney Justin, larold S. Bareford and David Loew. i-. R. Kent, R. H. Cochrane and W. 'ay Johnston were not represented. Vaude Hearing Soon Washington, Dec. 6.— The date for the public hearing on the vaudeville code amendments is expected to be set after the return from the Campi meeting of Deputy Administrator William P. Farnsworth. The hearing will probably be held some time around Dec. 19, it was indicated. Studio phases and the ques- tion of elimination from the code of the leasing clause also are expected to be heard. Captains Named in Federation's Drive With the appointment of captains to handle detail work, unprecedented support to the Federation of Jew- ish Charities was noted yesterday at an informal meeting of the commit- tees with Albert L. Warner, chair- man. A list of contributors and cor- responding donations will be printed within the next week, it was stated. The executive committee consists of David Bernstein, Al Lichtman, Eu- gen Zukor, Jack Cohn and Louis Nizer. Team captains are : Sam Morris, Warners ; Bernstein, Loew's and M- G-M ; Leopold Friedman, Loew's and M-G-M ; Lichtman, U. A. ; Cohn and A. Schneider, Columbia ; Eugene Zukor, Paramount ; Phil Reisman and Jules Levy, Radio ; E. L. Alperson and Harry Buxbaum, Fox ; Harry Thomas, First Division ; Sam Rinz- ler and Louis Frisch, independent theatres ; Harry Brandt and Leo Brecher, I. T. O. A.; Marcus Hei- man and Dr. Henry Moskowitz, legi- timate theatres ; J. J. Bregman, Henry Spitzer, Louis Bernstein, Irving Cae- sar, Robert Crawford, Sigmund Rom- berg and Edward Morris, music pub- lishers ; Harry Goetz and Herman Robbins, laboratories and trailers ; Abe Lastfogel, William Morris, Jr., Marvin Schenck and Louis K. Sidney, booking offices ; Eddie Cantor and Phil Baker, radio and stage artists ; Nizer, attorneys ; Sid Silverman, Jack Alicoate, Carl F. Zittel and Red Kann, trade papers ; Boris Morros, orches- tra and vaudeville stars ; Max Rud- nick, burlesque theatres ; Eddie Du- chin, orchestra leaders ; Michael Markel, musicians ; Leo Klebanow, M. P. Club. Order Consolidated To Re-hire Printers Washington, Dec. 6. — Reinstate- ment of photogelatine printers who went out on strike April 5 was or- dered today by the National Labor Relations Board. The men were em- ployed by Consolidated Film Indus- tries at Fort Lee. It was stated that if this is not done the case will be sent to the compliance division of the NRA. The board held that the company had failed to satisfy the requirements of the National Industrial Recovery Act as to collective bargaining. War Picture Opening "War Is a Racket," Samuel Cum- mins' and Jacques Koerpel's munitions picture, opens at the Gaiety tonight. Release will be through Eureka Pro- ductions. Warners to Pick 5 Board Members Wilmington, Dec. 6. — Five direc- tors will be elected at the annual stockholders' meeting of Warner Bros. Pictures, Inc., which will be held in the offices of the Corporation Trust Co., here Monday morning. Stockholders of record at the close of business, Nov. 2, 1934, will be eligi- ble to vote. The five directors whose terms will expire are: Charles S. Guggenheim, Stanleigh P. Freedman, Morris Wolf, Samuel E. Morris and former Judge John P. Laffey of Wilmington. Hold- over members of the board are : Harry M. Warner, president ; Albert L. War- ner, vice-president and treasurer ; Jack L. Warner, vice-president ; Abel Cary Thomas, secretary and general coun- sel ; Waddell Catchings and Henry A. Rudkin. In addition to the election of the directors, the annual report will be submitted. Warners' Mysteries Grouped as Series (Continued from pane 1) as a series. The idea is similar to the "Mystery of the Week" and "Crime Club" series used by book publishers and radio stations. Only in the Perrv Mason stories does the same character run through several pictures, but the series will be grouped nevertheless and exhibitors will be furnished special accessories and exploitation ideas. They will be released on a monthly basis. The list includes : "The Case of the Howling Dog," "I Am a Thief,'' "The Case of the Curious Bride," "The Case of the Lucky Legs," "The Case of the Velvet Claws," "The White Cockatoo," "While the Patient Sleeps," "The Patient in Room 18," "Murder in the Clouds," "The Green Cat," "Invitation to a Murder" and "Murder by an Aristocrat." Warners Will Rush Studio Rebuilding Hollywood, Dec. 6. — Rebuilding of the burned area of the Warner-First National studio will be started imme- diately, Jack L. Warner, vice-presi- dent in charge of production, states. Warner says about IS acres of the 80-acre plant were burned over and an estimate of the damage before an in- ventory is $300,000. Shops at the Sun- set Boulevard plant and the old Vita- graph plant will be used during repairs. Warner Plays on Tonight The Warner Club players will give their second annual show tonight on the fifth floor of the home office. Dancing will follow the nresentation of two one-act plays, "Thank You, Doctor," a comedy, and "The Vali- ant," a drama. Both will be staged and directed by Leo J. Drexler. Featured in "Thank You, Doctor" are : Tess Ginsberg-, Ruth Goldberg, Sol Reiner, Sam Wollowitz and Max Fried. In "The Valiant" are : Hy Blaustein, Bill Toles, Cliff Jockers, Ted Hammer, Marie Carroll and Al Trojack. "Night Hours" New Title Hollywood, Dec. 6. — M-G-M has changed the title of "Ambulance Call" to "Only Night Hours." 7 NRA Men Say Year Proves Code's Worth (Continued from page 1) and a greater proportion of the indus- try, and one to which a greater de- gree of compliance has been given than can be claimed for probably any other agreement. That the code is highly regarded throughout the administration was in- dicated by an official who pointed out that the man who developed it and has superintended its administration is now director of compliance for the NRA, one of the most important po- sitions in the entire organization. Hollywood, Dec. 6. — Opinion is divided here on the results of the first year of the code. Some refuse to commit themselves. Those willing to talk adopt either an indifferent attitude or else speak well of the code's work. Open New Ottawa House Ottawa, Dec. 6. — A second new theatre here within a year, the Cana- dian Capital, has been opened. It is called the Victoria and it is in the West End. James T. Moxley is the proprietor. Until recently Moxley was local registrar of deeds for the Onta- rio Government. Originally he was manager of the Regent, which was ac- quired by Famous Players Canadian Corp., and the Russell, owned by Ambrose J. Small. The Victoria has 800 seats and is equipped with RCA Photophones. Form Perfect Theatres Dover, Del., Dec. 6.— Perfect The- atres, Inc., has been chartered here to operate theatres, opera houses, etc., listing capital stock of 100 shares, no par value. The incorporators were Edward S. Williams, David H. Jack- man and C. N. Caldwell, Jr., New York City. Southern Attractions, Inc., has been organized to carry on the business of a booking agency, listing capital stock of 10 shares, no par value. The in- corporators were Walter Lenz, W. T. Hobson and B. R. Jones, Wilmington. Exhibitors Reelected Toronto, Dec. 6. — Two Ontario theatre-mayors were reelected by over- whelming majorities in the December municipal elections. H. E. Wilton, manager of the Strand, Hamilton, re- ceived 27,000 votes, or 20,000 more than the second candidate. P. J. No- lan, owner of the Avalon, Rexy and Columbia in Ottawa, was an easy win- ner in the contest for a second term there. Columbia Has Two Hits Columbia's two pictures hit the high spots along Broadway last week. "Broadway Bill" at the Music Hall garnered $100,000 in its first week and "Captain Hates the Sea" tallied a neat $17,000 for its first seven days at the Rialto. "Imitation of Life" at the Roxy was good for $31,000 in its second week and is being held a third. ITOA to Dance Jan. 12 The I. T. O. A. will hold its an- nual ball at the Astor on Jan. 12. BLAZING BALLYHOO LURES BIGGEST PREVIEW AND OPENING-DAY GROSS OF ENTIRE YEAR TO N. Y. STRAND-TOPPING "DAMES", "NAVY", "GOLD DIGGERS -WINNING INDEFINITE HOLD OVER FOf WARNERS' STAR-SPANGLED SPECTACLE ' EHL SnBI fll* Uft* VW»!>K. 1 FLIRTATION WALK MORE NEWS ON PAGE 1 1 10 MOTION PICTURE DAILY Friday, December 7, 1934 Roach Bolsters His Production Forces As a challenge to dual features, Hal Roach is lining up feature comedy writers an?- directors to bolster short subjects, Fred Quimby, short subject sales head of M-G-M, stated yester- day after a trip to the studios. "Roach appreciates the need for better stories, writers and players for his productions and is making every effort to meet the demand," Quimby said. "We are up to schedule on all shorts, including Harman-Ising, Roach and our own subjects," Quim- by asserted. "With the completion of 'Babes in Toyland,' Roach is now- busy on the balance of his lineup for this season. "Harman-Ising has added two new animators to the staff and one anima- tor director. The two animator pro- ducers are now working on a third dimension short tentatively titled 'Bosco's Mother Goose,' " the M-G-M executive declared. Five of the 13 animations schedules are already com- pleted. "We have increased our production budget 50 per cent higher than any time we have been in the shorts field. Of this percentage, 35 is allowed for color." Roach plans to be in New York around the first of the year. Loew's Toronto Net $96,633 for 20 Mos. Toronto, Dec. 6. — According to a financial statement just issued for the 20 months' period ending August 30 last, net profits of Marcus Loew's Theatres (Toronto), Ltd., amounted to $96,633.63 after charges including depreciation, taxes and interest had been paid. Gross operating earnings totaled $264,811.50, which was made up of $165,878.19 from receipts at the To- ronto Yonge St. Theatre, rental of $93,974 from the Uptown Theatre, which is under lease to Famous Players Canadian Corp., and earned interest of $4,958. Gross revenue at the box-office for the Yonge St. house for the 20 months totaled $476,413, as compared with §369,903 for the pre- vious period. Operating expenses for this theatre were up from $218,993 to §310,535, leaving a balance of $165,- 878 for gross earnings, as compared with $150,911 under the same heading for the previous fiscal period. Cash on hand and in the bank last August was $159,379, compared with the previous total of $118,184. Fixed assets are carried at $1,152,782 and good will was continued at $750,000. Preferred dividend arrears last Au- gust amounted to $656,305, this item being $571,114 at the end of 1932. Loew London Net $12,041 Net profits of $12,041, equal to 36 cents a share on 33,741 seven per cent preferred shares after expenses, depreciation and other charges, is reported by Loew's London Theatres, Ltd., Canada, for the period from Jan. 5 to Aug. 30, 1934. Last vear the net was $19,594 for 12 months. This was equal to 58 cents a share on the preferred. Rex Ingram Loses Suit Nice, France, Dec. 6. — Rex Ingram today lost a suit for embezzlement which he had filed against a French employe. MOTION PICTURE DAILYvS HOLLYWOOD PREVIEW "Helldorado" (Lasky-Fox) Hollywood, Dec. 6. — Fantastic drama, building to a topical thrill climax. This three-segment yarn stacks up as mild general entertain- ment. It covers much irrelevant ground, developing its points without outstanding performances, save Henry B. Walthall's. A thin continuity binds the incidents. Essentially, the yarn is a story of a self-confident, smart guy missing disgrace by a lucky break. Saving a tourist party from the dangers of a cloudburst, Richard Arlen lands its members in Helldorado, a ghost town. Mistaken for an old partner by the lone inhabitant (Walthall ) Arlen, dreaming of romance with Madge Evans, beloved by Tycoon Ralph Bellamy, believes he has discovered a lost mine. Leaving the party to return to civilization, Aden's chatter causes a modern gold rush. Disillusioned prospectors are ready to mob the hero, but are prevented by Miss Evans' discovery of an old registered claim which leads to a new bonanza and simultaneously reveals to her that beneath Arlen's eccentric exterior is a heart of gold. Neither Arlen, Miss Evans or Bellamy convince. Comedy relief by Stepin Fetchit and James Gleason lack spontaneity. Acting honors belong to Walthall. The original is by Frank Dazey with the screen play by Frances Hylan. Direction is by James Cruze. The gold rush back- ground suggests showmanship angles that should create audience inter- est. Production Code Seal No. 464. Running time, 75 minutes. "G." "Lottery Lover" (Fox) Hollywood, Dec. 6. — Individual cast performances and tuneful melo- dies keep this one interesting despite a sketchy story laden with forced humor which holds it to only average entertainment, although it may prove diverting to some audiences. The story starts out in musical comedy fashion featuring Reginald Denny giving final instructions to a naval crew before it leaves on a Paris shore leave. On land, the crew chips in to promote a farcical romance between Peggy Fears and Lew Ayres, who is selected through a lot- tery draw following a plan concocted by an American guide (Alan Dinehart). Pat Patterson, a chorus girl in the musical comedy starring Miss Fears, is picked to rehearse the romantic lines with Ayres and the duo becomes enamored. From here to the fadeout the story is highlighted by melody and com- edy backgrounded by the romantic triangle of Miss Fears, Ayres and Miss Patterson. Dinehart and Walter King, a romantic singer as a Russian prince, and Sterling Holloway are good comedy high spots. William Thiele directed satisfactorily. Music and lyrics by Jay Gorney and Don Hartman are refreshing. The dances by Jack Donahue are diverting. Serving to introduce Miss Fears to the screen, the film essays aver- age in entertainment values. Production code seal No. 459. Running time, 88 minutes. "G." Iff Enchanted April (Radio) Hollywood, Dec. 6. — Two English wives, Ann Harding and Kath- erine Alexander, whose husbands, Frank Morgan and Reginald Owen, in a way take them for granted, try a holiday together in Southern Italy to recapture something not quite clear. There, the soothing balm of air and sunshine in April gives them new radiance and when the husbands arrive on a sort of psychic summons it's "love in bloom" again. Miss Harding, as the spouse of the philandering novelist Morgan, gives a subdued and somewhat ethereal performance of the spiritual feminine sensing things in advance. Miss Alexander, the wife to the fatuous barrister Reginald Owen, foils for Miss Harding. Owen steals the show when in strutto pomposo dignity he takes a hot tub bath. Jane Baxter, Ralph Forbes, Jessie Ralph, Charlie Judels and Rafaela Ottiano give life to characters hanging on the slim plot. The production has the mood of whimsical charm with inclinations toward so-called highbrow. Harry Beaumont directed from Samuel Hofenstein's and Ray Harris' screen play. While hardly fare for the beef and bean masses it might appeal to the champagne and caviar sophisticates. Previewed without production code seal. Running time, 78 minutes. "A." (Additional reviews appear on page 28) Hoblitzelle Testifies In Price-Fixing Suit Dallas, Dec. 6. — Testifying in the ) injunction suit brought by R. Z. Glass, independent neighborhood ex- ] hibitor here, in which he is named as a defendant along with Interstate Circuit, Inc., R. J. O'Donnell, South- ern Enterprises, Inc., Paschall-Texas. Theatres, Inc., and Dent Theatres. Inc., Karl Hoblitzelle admitted today that all his contracts for product for 1934 and 1935 contained a clause in- suring that pictures he played at 45 cents or more must play subsequent run at 25 cents or more. He declared neighborhoods stood to profit by this price hike. Glass is seeking a writ to stop al- leged ruinous price fixing through a conspiracy of the defendtnts and major producing companies. Glass told the court his predecessor went broke charging 25 cents. Testimony offered by local ex change managers, including Jack Un derwood of Columbia, bore out Hob litzelle. The latter's attorneys pro duced testimony to uphold the stai that the question at issue is one o copyright and interstate commerce] since the producing companies re-j tained possession of product and merely leased to the exhibitor. The case will be resumed tomorn row. Guild to Vote U pon Best Written Film Hollywood, Dec. 6. — The 750 mem- bers of the Screen Writers' Guild will vote on the five best written pictures on Dec. 20, with awards slated to be distributed at the guild's annual din- ner dance. Although the selection has nothing to do with the annual Academy award the writers figure that no organizatior is better fitted to judge the best screer play than the scriveners themselves. The award committee, the sole func- tion of which is to count the ballot-' and catalogue the results, consists o: Waldemar Young, chairman ; Charle: Kenyon. Harvey Thew, John Emer son, Edwin Burke, Sonya Levien, Jc Swerling, Francis Faragoh, Willian Slavens McXutt. Xunnally Johnsoi and Tristram Tupper. Delay on Richmond House Causes Suit Richmond, Dec. 6. — Suit for $3,3)1 has been filed against Clarence Yaden president of Grace Amusement Co. for failure to start work on a nev neighborhood theatre. A. H. Ewinj charges he hired labor and acquire materials to start work, but tha buildings on the site were not ton down. After Vaden had announced plan for the house Wilmer & Yincent an* Loew's announced plans for a nei house nearby. Roberts Signed by "U" Hollywood, Dec. 6. — Universal ha signed William Roberts, radio singei to a long-term contract. If he fa fills expectations, he will be groome for roles intended for the late Rus Colombo. Austin to Make Short Hollywood, Dec. 6. — Gene Austi signed to make a two-reeler for Radi this week, which he will do after con pleting a vaudeville tour in the ea>] FLIRTATION WALK iitsi (4 T>Ue dif Skols from \Hvtm, Bw. 5Ue One By Ctuestiaa ZUai Cmfmds Was lttdustoy, Zodap- TAT I 0 1 it map n ■ BIGGEST IN 36 YEARS *t says It/aUet Heade I cannot resist the opportunity to send you a wire calling your attention to the gross at the Strand Theatre, Plainfield, New Jersey, of Flirtation Walk. It opened to ... . dollars on Thursday and we have not done dollars in this theatre in one day since Spanish War. I hope that Sweet Adeline is i just as good. Kindest personal regards. (Signed) Walter Reade BIGGEST I n42 YEARS Flirtation Walk broke all house records in attendance in the forty -two years of business of the Coyle Theatre. Flirtation Walk is the best of all Warner Bros, pictures, is the opinion of everyone. {Signed) R. S. Coyle, Charleroi. Penn. How far back will your record go on FLIRTATION WALK fksl of ZUe % SUoU fern Ii/mm* Bm. MORE NEWS ON PAGE 21 MOTION PICTURE DAILY Friday. December 7, 1934 New Russian Film Breaks All Records By BELLA KASHIN Moscow, Nov. 20. — Breaking all records for Soviet films, the new pic- ture "Chapaev," which is an authen- tic account of an episode in the ca- reer of the Red partisan fighter of the same name, has been seen by a million and a half people in Lenin- grad and Moscow for the first 10 days of its run. Eighteen theatres in Moscow are now showing the film; two major houses having added an early morn- ing and a midnight show that ends at 2 A. M. The only other time Rus- sian theatres have been open at such an hour was some years ago when it was the practice during the Easter holidays to offer movies as a counter- attraction to the young people who might otherwise have gone to church. Chapaev, who has become an al- most legendary Soviet hero, was an illiterate carpenter who went over to the Bolsheviks when Russia was in the throes of civil war. Possessed of uncanny military genius, he became a Red Army commander in 1918 and a little more than a year later ended his meteoric career when he was killed in a surprise raid by a White Guard detachment. Muscovites having noticeably steer- ed clear of all politically-tinted films in the past two years, including such pictures as Pudovkin's "Deserter" and Viertov's "Three Songs About Lenin," the Soviet press recognized that no greater proof of the artistic merits of "Chapaev" exists than the phenomenal attendance which is piling up. The film is the work of the hith- erto unknown Vassili brothers, each of whom have received an award of 10,000 rubles. In addition to their regular monthly salary, they also col- lect the usual one and one-half per cent royalty on every admission ticket sold. Germans Test a New 270-Foot Projector Washington, Dec. 6. — At the Nu- renberg (Germany) National Socialist Party convention a new Zeiss-Ikon projector was successfully used, re- ports the U. S. Department of Com- merce. The set is equipped with 4,300-foot reels and enables an enlargement of 450 times the size of the original. The size of the picture on the screen is 27 by 34 feet, with individual actors appearing up to 20 feet tall. A Magnosol lamp is used and en- ables a projection set to be located 270 feet from the screen. Drop Bank Night Cases Kansas City, Dec. 6. — The Dick- inson circuit has withdrawn bank night complaints filed several weeks ago against competitors in Lawrence and Independence, Kan., and Macon, Mo. Since filing these cases, which have been held in abeyance at Dick- inson's request, the circuit has con- tracted for bank nights in these towns and throughout the circuit. Surmounts Strike Hollywood, Dec. 6.— Ham- pered by the street-car strike. "Flirtation Walk," pulled in a record business for its first day at the Hol- lywood and RKO Hillstreet, grossing approximately $1,000 at both houses over the first day's gross for "Dames" and "Wonder Bar." Warner Kenosha Spot Goes to New Concern Kenosha, Wis., Dec. 6. — The Ke- nosha Theatre here has been leased from Warner Bros, by the Standard Gateway Theater Management, Inc., which will also operate the Gateway here. The Bay in Green Bay and the Strand in Oshkosh have also been taken over for local management through special arrangements. All were formerly Warner houses. William Exton, formerly of the Strand in Oshkosh, is in general charge here. Jesse C. Lund, man- ager of the Kenosha for the past three years, has been named manager of the Sedgwick in Philadelphia. Harry J. Corbett of the Gateway has been named manager of the Bay in Green Bay, succeeding Larry Conley. Harry Keesar, former assistant man- ager of the Gateway, has been named manager of the house under the di- rection of Exton. K. C, Chamber Leads Move Against NIRA Kansas City, Dec. 6. — An attempt to enlist the aid of business men and industries in twelve states in the Cen- tral West in fighting reenactment of the National Industrial Recovery Act in its present form has been started by the Kansas City Chamber of Com- merce. The move aims to obtain the sup- port of Congressmen and Senators to vote for certain changes in the pres- ent act when it is brought up at the coming session of Congress. The most important change would be to give the Government no authority in mak- ing codes, its authority to be limited to either approving or rejecting a code set up by any industry. Letters expressing the local cham- ber's opposition to the NRA are be- ing sent to chambers of commerce in the following states : Missouri, Kan- sas, Arkansas, Arizona, Colorado, Louisiana, Nebraska, New Mexico, Oklahoma, Texas, South Dakota and Wyoming. Blank Books a Test Passion Play Week Grand Island, Neb., Dec. 6. — A Passion Play during Christmas week at the Capitol, an A. H. Blank thea- tre, has been announced by Evert R. Cummings, district manager. Rev. Albert Johnson, a Kearney, Neb., pastor, who has achieved state fame for staging the Passion Play each summer in an open-air amphithe- atre at Kearney, will produce the local production, using 300 Grand Islanders in the cast. If the production goes over, it is slated to be booked throughout Blank theatres in Nebraska with possible ul- timate production in the Paramount in I Omaha. Warners Shift 2 Titles Hollywood, Dec. 6. — Warners have changed the title of the next Al Jolson picture, "Casino de Paree," to "Go Into Your Dance," which is the title of an original story by Brad- ford Ropes. The studio has also changed the current Paul Muni picture from "Black Hell" to "Black Fury." "Broken Soil" to Start Hollywood, Dec. 6.— "Broken Soil," Samuel Goldwyn's third production starring Anna Sten, will start shoot- ing tomorrow. The cast includes Ralph Bellamy, Helen Vinson and Siegfried Rumann. King Vidor will direct. Para. Borrows Romero Hollywood, Dec. 6. — Paramount has borrowed Cesar Romero from Universal to play Marlene Dietrich's leading man in "Caprice Espagnol." In addition Romero is appearing in "Give in India" at 20th Century. Dickson Joins Warners Gregory Dickson, for the last year and a half with Columbia, has joined Warners, assisting Stanley Shuford in handling trade paper advertising copy. Gault at Bonnerville Bonneville, Ore., Dec. 6. — Jack Gault, well known publicity man and theatre manager, has been named as manager of Parker's new Roosevelt Tampa Gang Sentenced Tampa, Dec. 6. — -Five years at hard labor in the state prison at Rai- ford, was the penalty handed out by Judge Petteway to the five men who toted the two-ton safe from the of- fice of the Ritz on the night of Sept. 4 to a lonely spot in the country where they broke the safe open and departed with the $2,000 cash and $3,500 in jewelry. 'U' to Star Edmund Lowe Hollywood, Dec. 6. — Universal has spotted Edmund Lowe in the starring role of the E. Phillips Oppenheim story, "The Great Impersonator." The film is slated to go before cameras in February. No director has been set. Kruger Replaces Powell Hollywood, Dec. 6. — Due to pre- vious assignments William Powell has been taken out of the top spot of "The Casino Murder Case," scheduled for early production at M-G-M. Otto Kruger gets the role. Sedgewick to Do "Yale" Hollywood, Dec. 6. — Edward Sedgewick has been handed the di- rectorial job on the Damon Runyon story, "Hold 'em Yale," which Charles Rogers will produce for Paramount. Ross Nelson Married Independence, Ore., Dec. 6. — Ross Nelson, who operates the Isis Theatre here, has just been married to Mrs. Myrtle Cummings of Corvallis. 18 MOTION PICTURE DAILY Friday, December 7, 1934 British CEA Overbuilding Fight Starts By BRUCE ALLAN London, Nov. 30.— Cinematograph Exhibitors' Ass'n. has started its cam- paign against overbuilding with the issue of a pamphlet, "Are There Too Many Cinemas?" This provocative piece of publicity consists, as had been announced in ad- vance, of a reprint of Sam Eckman's paper on "Overbuilding," read to the exhibitors' summer conference at Blackpool, plus the legal opinion from W. E. Tyldesley Jones, K. C., as to the rights possessed by licensing au- thorities to veto new erection. There is also a foreword, by General Secre- tary Fuller, as to C. E. A. policy on this thorny question. Fuller makes a special protest against the erection of buildings by local speculators. Tyldesley Jones states very explic- itly the important legal opinion that licensing authorities "have an absolute discretion as to the grant or refusal of a cinematograph license, and there is no appeal from their refusal." Expressing the view that, in con- sidering an application for a new license, the authorities may "consider the number of cinemas already in a district and whether it is in the public interest that a license for a new cinema should be granted," Jones emphasizes that each application must be judged on its merits. "They cannot fetter their discretion by deciding beforehand that they will refuse all new applications," and they must consider only public in- terest and not "the effect of the new cinema on existing cinemas by reduc- ing their profits . . . though a refusal is not invalidated because it inures for the benefit of the existing licensees." Another significant feature about the issue of this pamphlet marks a bury- ing of the hatchet by Eckman and John Maxwell. Eckman supplies a post- script to his paper in which he em- phasizes that he is not against all new construction and that he admits the reasonable nature of competition in districts where existing halls are out of date. Maxwell in his turn has expressed approval of the pamphlet. A public meeting is to be organized by the Trades Council at Manchester at which an appeal will be made to the public to refuse to patronize theatres which do not observe trade union con- ditions. This decision is the sequel to the alleged refusal of local exhibitors to discuss wage scales and working con- ditions with the National Association of Theatrical Employees. Of one hun- dred and fifty theatres in the Man Chester area fifty are "union" houses. Wage negotiations in London have resulted in a working agreement, for a trial 12 months, between owners and employes represented on the Joint Con- ciliation Board. The northwestern branch of the C E. A. has brought to the attention of the general council the alleged inclu- sion in a magazine film of items of an advertising character, puffing well known products. * * * The British Film Institute has issued as a leaflet a "Survey of the Situation Regarding Non-Theatrical Cinemato- graph Apparatus and Films" which in- cludes details of all available apparatus for 9 mm., 16 mm. and 17.5 mm. films. The institute also goes on record in favor of standardization on the basis of the I. C. E. 16 mm. system already adopted in France, Italy and Germany. * *• * P. C. T. Construction, Ltd., a G-B subsidiary, made £101,000 profit for the year and pays four per cent on ordi- nary shares. P. C. T. C. is a financing company to the G. B. theatre com- panies. * * * An unnamed American production company is reported to be negotiating with the Irish Free State Government on the basis that it will erect a mod- ern studio in return for sole production rights in the I. F. S. Irish stories will be acquired and the first film made next summer. Associated British Film Distributors (Dominion and Foreign), Ltd., has been formed by Basil Dean, chairman of A. B. F. D. which produced at the A. T. P. studio, Ealing, London, in order to cope with increasing sales abroad. * * * Cyril Harris has been appointed commercial engineer for W. E. in England, in charge of the non- theatrical field. Col. W. E. Dennis, previously commercial engineer, has resumed the duties of commercial op- erating manager. * * * Charles Scott and Campbell Black, who won the London-Australia air race, carried a Mickey Mouse mascot and a letter from Walt Disney's Lon- don representative to Mickey Mouse, Melbourne. * * * Arthur Dent, managing director of B. I. P. (Export), Ltd., has closed a deal with Consolidated Films of Jo- hannesburg, whereby 25 British In- ternational films will be secured for full South African distribution. Among them are "Blossom Time," "The Great Defender," "The Old Curiosity Shop," "Radio Parade of 1935" and "Du Barry." British exhibitors running programs of more than three and one-quarter hours will be put on the barred list by distributors who are members of the Kinematograph Renters' Society. This entails the refusal of further films. The decision follows discussions be- tween a deputation from the Cinema- tograph Exhibitors' Ass'n. and the council of the K. R. S. Double bills, in addition to newsreels and shorts, are hit by this decision. Distributors object to duals because big features are played on percentage and the cost of the supporting program reduces their proportion of receipts. Deny 2nd Sunday Vote Melrose, Mass., Dec. 6. — The City Council has turned down a petition to re-submit the question of Sunday shows to the voters on the ground that the city has voted on the matter once this year, at the special election last April, and therefore should not be called upon to vote again on the same question the same year. The petition asked that the question be submitted again at the city election next month. Vibrations Hollywood, Dec. 6. — Take it from Jack Lewis of the Producers Assn., it's a gen- uine thrill to win a poker hand when traveling 120 miles an hour. When Lewis garnered a full house on his recent trip East on the Union Pacific Stream- liner, he wondered whether it was the train shaking, or just a case of poker nerves. A little later he was told they had just covered two miles in one minute. Revues Going Along Nicely In Providence Four New Concerns Chartered at Dover Dover, Dec. 6. — Eaves Sound Pro- jectors, Inc., Show Van, Inc., General Electric Specialties Corp. and Radio Club of America-Poland have been chartered here. Eaves Sound Projectors, listed capital of $100,000. The incorporators are M. S. Cook, A. L. Raughley and J. M. Townsend of Dover. Show Van filed to engage in the theatrical and general amusement business, listing a capital of $30,000. The incorporators are Wayne D. Phillips, J. Jack Stanley and Ed- ward Weinstein of San Antonio, Texas. General Electric Specialties filed to obtain and develop patents, listing capital stock of 2,000 shares, no par value. The incor- porators are M. M. Lucey, H. I. Brown anUe Bi$ Skats (tern Wwum Bws. MORE NEWS ON PAGE Friday, December 7, 1934 MOTION PICTURE DAILY 25 VeU" Pulls $13,250 Take In Pittsburgh Pittsburgh, Dec. 6. — The sole standout here last week was "The Painted Veil," which collected $13,250 n the Penn. That's nice business, con- siderably better than average, but noth- ng compared to the grosses Garbo nlms used to roll up a couple of years igo. At the Alvin, there were no kicks ,\ith the holdover of "The White Pa- ■ade," which was good for $9,000 in nve days of its second week. The Pitt, -eturning to unit shows, picked up ,vith "The Bowery Music Hall Fol- ies" and "I'll Fix It" on the screen, lining above $6,000, while "What Every Woman Knows" was something )f a disappointment at the Fulton, do- ng only, around $3,300 in four days. "The St. Louis Kid" and Paul ^Vhiteman's band couldn't better $17,- )00 at the Stanley and the combination )f "The Pursuit of Happiness" and Wednesday's Child" was good for )nly $4,200 at the Warner. Total grosses in six first runs were ?52,950. Average is $56,000. Estimated takings for the week end- ng Nov. 29: "THE WHITE PARADE" (Fox) ALVIN — (2,000), 2Sc-40c, 5 days, 2nd iveek. Stage: Johnny Perkins, Blenders Quartet, Marie and Antoinette, Jerry May- hall's band and others. Gross: $9,000. (Average, for 6 days, $10,000.) "WHAT EVERY WOMAN KNOWS" (M-G-M) FULTON— (1,750), 15c-40c, 4 days. Gross: £3,300. (Average, for 6 days, $4,500.) "THE PAINTED VEIL" (M-G-M) PENN— (3.300), 2Sc-50c, 6 days. Gross: >13,250. (Average, $12,000.) "I'LL FIX IT" (Col.) PITT— (1,600), 15c-35c, 6 days. Stage: 'Bowery Music Hall Follies" with Frank Farnum. Gross: $6,200. (Average, $5,500.) "THE ST. LOUIS KID" (Warners) STANLEY — (3,600), 25c-60c, 5 days. Stage: Paul Whiteman's band. Gross: 517,000. (Average, for 6 days, $19,000.) "PURSUIT OF HAPPINESS" (Para.) "WEDNESDAY'S CHILD" (Radio) WARNER— (2,000). 25c-40c, 6 days. Gross: $4,200. (Average, $5,000.) "White Parade" Is Top Draw in Omaha Omaha, Dec. 6.— "The White Pa- rade," heading a dual bill with "The Curtain Falls," was good for $9,000, over the line-up $1,500. "Happiness Ahead" and "By Your Leave" took a nice $4,000 at the Bran- □eiSj and "What Every Woman Knows" and "No Ransom," the third dual, was good for $3,800 at the World. Total first run business was $22,800. Average is $22,500. Estimated takings : Week Ending Nov. 28: "WHAT EVERY WOMAN KNOWS" (M-G-M) "NO RANSOM" (Liberty) WORLD — (2.200), 25c-40c, 7 days. Gross: $3,800. (Average. $3,500) "THE PAINTED VEIL" (M-G-M) PARAMOUNT — (2.800). 7 days, 25c-40c. Gross: $6,000. (Average, $8,000) "HAPPINESS AHEAD" (Warners) "BY YOUR LEAVE" (Radio) BRAN DEIS — (1.200), 7 days, 25c-40c. Gross: $4,000. (Average, $3,500) "THE WHITE PARADE" (Fox) "THE CURTAIN FALLS" (Chesterfield) ORPHEUM— (3.000), 7 days, 25c-4Cc. Gross: $9,000. (Average, $7,500) "Rhythm" Gets Lead in Heavy Boston Pickup Boston, Dec. 6. — Grosses took an- other bound last week for one of the best records since the bank holidays were forgotten. First runs piled up $113,000. Midnight shows, plus holi- day business, helped, along with the end of the football season. "College Rhythm" packed the Met- ropolitan for a total of $33,500, which just beat out last week's grosses by $500. Larger gains were made by "The White Parade" at Keith's which went $4,500 over the top, while "Kid Millions" at Loew's State went to $4,000 above par. The Boston, with "Lady by Choice," was good for $3,000 over average. Total first run business was $113,- 000. Average is $94,000. Estimated takings for the week end- ing Nov. 29: "LADY BY CHOICE" (CoL) BOSTON — (2,900) , 25c-50c, 7 days. Vaude. Gross: $19,000. (Average, $16,000.) "CHU CHIN CHOW" (Gaumont British) "READY FOR LOVE" (Para.) FENWAY — (1,800), 30c-50c, 7 days. Gross: $10,500. (Average, $9,000.) "THE WHITE PARADE" (Fox) KEITH'S — (3,500), 25c-65c, 7 days. Gross: $20,500. (Average, $16,000.) "KID MILLIONS" (U. A.) LOEW'S STATE— (3,700), 35c-50c, 7 days. Gross: $20,000. (Average, $16,000.) "COLLEGE RHYTHM" (Para.) METROPOLITAN — (4,350), 30c-65c, 7 days. Stage: Ina Ray Hutton and Melo- dears. Gross: $33,500. (Average, $28,000.) "CHU CHIN CHOW" (Gaumont British) "READY FOR LOVE" (Para.) PARAMOUNT— (1.800), 30c-50c, 7 days. Gross: $10,000. (Average, $9,000.) "Kernels," Stars Smash in Portland Portland, Dec. 6. — Thanksgiving week brought gains all along the line. Wheeler and Woolsey dominated both stage and screen at Hamrick's Or- pheum and put the SRO well out in front with a take on "Kentucky Ker- nels" of $8,000, or $5,000 over normal. "Flirtation Walk" at the Broadway was held over with a take of $6,500, or $1,500 over normal. A heavy week at the Paramount, with "College Rhythm" and a show, brought in $8,000, or $3,000 over nor- mal. "One Night of Love" moved to the Mayfair for an extended run and took $3,500, exceeding par by $500. Total first business was $35,600. Average is $25,000. Estimated takings for the week end- ing Nov. 30 : "FLIRTATION WALK" (F. N.) BROADWAY— (1,912), 25c-35c-40c, 7 days. Gross: $6,500. (Average, $5,000.) "ONE EXCITING ADVENTURE" (Univ.) "CASE OF THE HOWLING DOG" (Warners) ORIENTAL— (2,040), 25c, 7 days. Gross: $1,800. (Average, $2,000.) "KENTUCKY KERNELS" (Radio) HAMRICK'S ORPHEUM — (1,700), 25c- 35c-40c, 7 days. Stage show. Gross: $8,000. (Average, $5,000.) "THE GAY DIVORCEE" (Radio) MUSIC BOX— (1,000), 25c-35c, 7 days, 5th week. Gross: $1,800. (Average, $2,000.) "ONE NIGHT OF LOVE" (Col.) MAYFAIR — (1,700), 25c-35c, 7 days. Gross $3,500. (Average, $3,000.) "COLLEGE RHYTHM" (Para.) PARAMOUNT— (3,008), 25c-35c-40c, 7 days. Gross: $8,000. (A"erage, $5,000.) "KID MILLIONS" (U. A.) UNITED ARTISTS — (945). 25c-35c-40c, 7 days. Gross: $6,000. (Average, $5,000.) "Parade" Hit In Cleveland; Tops Par 100% Cleveland, Dec. 6. — "The White Parade" was the big show of the week. It doubled average at the Hippodrome with a $12,000 gross. "The St. Louis Kid," with a $5,200 take against a $3,000 average, went into second place. Garbo was a disap- pointment with $11,000 at Loew's State. "Wagon Wheels" went 50 per cent over par at the Lake, which is usually a second run. The weather was fine. Three houses advanced their open- ings one day for Thanksgiving. Total first run business was $41,900. Average is $49,000. Estimated takings for the week end- ing Nov. 30: "ST. LOUIS KID" (Warners) ALLEN — (3,300), 20c-30c-40c, 7 days. Gross: $5,200. (Average, $3,000.) "THE WHITE PARADE" (Fox) WARNERS' HIPPODROME— (3,800), 30c-35c-44c, 7 days. Gross: $12,000. (Aver- age, $6,000.) "MARIE GALANTE" (Fox) RKO PALACE— (3,100), 30c-40c-60c. 6 days. Stage: Benny Davis' Star Dust Re- vue. Gross: $9,000. (Average, $15,000.) "PAINTED VEIL" (M-G-M) LOEW'S STATE— (3,400), 30c-35c-44c, 6 days. Gross: $11,000. (Average, in 7 days, $10,000.) "WHAT EVERY WOMAN KNOWS" (M-G-M) LOEW'S STILLM AN — (1,900), 20c-30c- 40c, 6 days. Gross: $3,000. (Average, for 7 days, $4,000.) "WAGON WHEELS" (Para.) WARNERS' LAKE — (800), 20c-25c, 7 days. Gross: $1,700. (Average, $1,100.) "Widow" Montreal Top with $14,000 Montreal, Dec. 6. — The last week in November in Montreal saw two the- atres playing the second and last week of an attraction while a third decided to extend an engagement. "The Merry Widow" was the feature that was held over and it brought the Palace $14,000 for the first seven days. The final week of "The Gay Di- vorcee" registered $8,000 for the Capi- tol with the help of a new second fea- ture, "The Fountain." At the Princess, "The Last Gentleman" earned $7,000, as compared with a first week of $9,000. Total first run business was $44,000. Average is $40,500. Estimated takings for the week end- ing Dec. 1 : "THE GAY DIVORCEE" (Radio) "THE FOUNTAIN" (Radio) CAPITOL— (2,547), 25c-35c-40c-50c-60c, 7 days, 2nd week. Gross: $8,000. First week: $11,500. (Average, $9,500j "PURSUED" (Fox) IMPERIAL— (1,914), 15c-25c-35c, 7 days. Stage: "In Gay Borneo." Gross: $3,500. (Average, $3,500.) "STUDENT TOUR" (M-G-M) LOEW'S — (3,115), 30c-40c-45c-57c-75c, 7 days. Stage: "Sidewalk Cafe," with Benny Ross and acts. Gross: $11,500. (Average, $10,500.) "THE MERRY WIDOW" (M-G-M) PALACE— (2,600), 30c-34c-40c-50c-65c, 7 days. Gross: $14,000. (Average, $11,000.) "THE LAST GENTLEMAN" (U. A.) "BLIND DATE" (Col.) PRINCESS— (2,272), 30c-35c-5Oc-65c, 7 days, 2nd week. Gross: $7,000. First week: $9,000. (Average, $6,000.) "Tour" Show Get $25,000, Best on Loop Chicago, Dec. 6. — Loop takes picked up last week with the Oriental show- ing decidedly good results. The $25,- 000 gross there was over normal by $10,000, due to the combination of "The Student Tour" on the screen and Olsen & Johnson on the stage. "College Rhythm" and Joe Penner at the Chicago were also in the big money, getting $42,000, over the line by $7,400. "One Night of Love" in its sixth Loop week was still good for $5,800 at the 900-seat Garrick. Total first run business was $129,- 800. Average is $131,600. Estimated takings : Week Ending Nov. 27: "THE MERRY WIDOW" (M-G-M) ROOSEVELT— (1,591), 25c-35c-50c, 3rd week, 7 days. Gross: $9,000. (Average, $11,000.) Week Ending Nov. 28: "WE LIVE AGAIN" (M-G-M) UNITED ARTISTS— (1,700), 30c-40c-60c. 7 days. Gross: $18,000. (Average, $17,000.) Week Ending Nov. 29: "COLLLGE RHYTHM" (Para.) CHICAGO — (4,000), 25c-50c-68c, 7 days. Stage: Joe Penner, Gomez & Winona, Wil- liam Hall, 4 Trojans. Gross: $42,000. (Aver- age, $34,600.) "STUDENT TOUR" (M-G-M) ORIENTAL — (3,940), 25c-40c, 7 days. Stage: Olsen & Johnson comedy revue. Gross: $25,000. (Average, $15,000.) "KENTUCKY KERNELS" (Radio) PALACE— (2,509), 25c-35c-50c, 5 days. Stage: Mark & Fischer & orchestra, Daphne Pollard, Frank Gaby, Adler & Bradford. Gross: $8,000. (Average, $22,000.) Week Ending Nov. 30: "WHAT EVERY WOMAN KNOWS" (M-G-M) APOLLO— (1,400), 25c-35c-50c, 7 davs. Gross: $9,000. (Average, $12,000.) Week Ending Dec. 1: "ONE NIGHT OF LOVE" (Col.) (6th Loop week) GARRICK — (900), 25c-35c-40c, 7 days. Gross: $5,800. (Average, $5,000.) "GRIDIRON FLASH" (Radio) STATE-LAKE — (2,7;6), 20c-25c-35c, 7 days. Stage: Shuffle Along." colored revue. Gross: $13,000. (Average, $15,000.) "Lemon" and Show Lead in Oklahoma Oklahoma City, Dec. 6. — A combi- nation of "The Lemon Drop Kid" on the screen and "Variety Flashes" on the stage at the Liberty grabbed a big $2,487 in four days. Average for a week is $2,000. "Death on the Dia- mond," with the same stage show, was good for $1,500 for the last three days. Stage shows are giving the Liberty the lion's share of the business here these days. "The Painted Veil" took a par $4,000 at the Midwest. Total first run business was $14,087. Average is $13,500. Estimated takings for the week end- ing Dec. 1 : "IMITATION OF LIFE" (Univ.) WARNER— (1.900), 10c-20c-36c-Jlc-56c, 7 days. Gross: $4,300. (Average, $5,000.) "THE PAINTED VEIL" (M-G-M) MIDWEST — (1,500). 10c-26c-36c-S6c, 7 days. Gross: $4,000. (Average, $4,000.) "PURSUIT OF HAPPINESS" (Para.) CAPITOL— (1,200), 10c-20c-26c-36c-41c, 7 days. Gross: $1,800. (Average, $2,500.) "LEMON DROP KID" (Para.) LIBERTY— (1,500). 10c-15c-26c-36c, 4 dbys. Stage: "Variety Flashes." Gross: $2,487. (Average week, $2,000.) "DEATH ON THE DIAMOND" (M-G-M) LIBERTY— (1.500), 10c-15c-26c-36c, 3 days. Stage: "Variety Flashes." Gross: $1,500. (Average week, $2,000.) 26 MOTION PICTURE DAILY Friday, December 7, 1934 "Kid Millions" at $6,000 Over Par 'Frisco 's Best Cantor Grabs Big $13,000, Philadelphia Philadelphia, Dec. 6. — "Kid Mil- lions" was the highlight of a disap- nointing Thanksgiving week else- where. It piled up $13,000, nearly twice the normal take, at the Aldine. "Lady By Choice," with a stage show headed by Amos 'n' Andy, ran up to $17,000, oyer par by $5,000, and "The White Parade," in its second week at the Fox, grabbed $14,000. Total first run business was $80,900. Average is $70,300. Estimated takings for the week ending Nov. 29 : "KID MILLIONS" (U.A.) ALDINE — (1,200) , 35c-40c-S5c, 6 days. Gross: $13,000. (Average, $7,000) "WHAT EVERY WOMAN KNOWS" (M-G-M) (2nd run) ARCADIA— (600), 25c-35c-f which $50,060.98 was for salaries. Receipts from producers and dis- ributors since Jan. 1 total $100,500. Monies received from exhibitors tmounted to $88,798, a combined total >f $189,298. This figure checked igainst a total disbursement of $181.- 198.30 leaves a cash balance of 8.03022. Of the $24,478.41 expense last nonth, salaries for home office per- ionnel totaled $5,436.35; for Hollv- vood. $2,251.86; for local boards, 57,618.75. or a total of $15,306.96. Home office disbursements, including salaries, were $9,327.13; Hollvwood, 53.076.19; local boards, $12,075.09. rhe monthlv cost sheet for November .vas $488.09 under the budget. For :he month of October, the expendi- :ures were $928.49 under. Flinn Gets Salary Boosted to $20,000 Because of his conscientious work )n the code, John C. Flinn. executive secretary of Campi, has been given in increase of $8,000 per annum, winging his new yearly salary figure o $20,000. The recommendation for boosting -linn's salary has been before Code \uthority for some time, but was >assed at last Thursday's meeting. At his session, the executive secretary (Continued on page 3) Say Sales Tax Hits Accessories Solely Admissions and film contracts do iot come under the new city sales "ax which goes into effect Monday, iccording to major company execu- tives and Charles L. O'Reillv, presi- dent of the T.O.C.C. Purchases of accessories are tax- able, however. O'Reilly says the city tax follows (Continued on page 4) Yamins Lauds Code; Favors Some Changes Thinks Campi and Boards Should Be Continued Fall River, Dec. 7. — "One year's experience with the code and its op- eration under Code Authority as well as under local boards have proved that a self-regulating body within the in- dustry can be of inestimable value in solving industry problems, and that such a body should continue to func- tion," says Nathan Yamins, Campi member. "The year's experience also has con- vinced me that the time has now ar- rived for amendment of the code both as to substantive and administrative provisions, in order that the small en- terprise— the little exhibitor — may get that measure of justice and protection to which he is entitled. "The code and the NRA were never intended to injure the little fellow, but the code and the manner in which it is being administered, are doing just that and must be changed." NRA Names Dec. 19 For Vaude Hearing Washington, Dec. 7. — Amend- ments to the vaudeville sections of the film code will be discussed at a public hearing set todav by the NRA for (Continued on page 3) Cantor Missed It Cincinnati, Dec. 7. — "If Eddie Cantor could see me now!" exclaimed Rubinoff as he was showered with kisses by a bevy of admiring sorority girls from the University of Cin- cinnati, who literally "mobbed" him as he arrived at the Union Terminal here. A 30-piece band also was on hand to escort him to the City Hall, where Acting Mayor Imbus presented the keys to the city. Rubinoff is to conduct the augmented Cincinnati Sym- phony Orchestra of 100 musi- cians in a concert tomorrow night for the benefit of the Cincinnati Musicians' Ass'n. Boycott Idea Fizzles Among K.C. Theatres Kansas City, Dec. 7. — The pro- posal to boycott M-G-M and other distributors whose product is first run at prices competitive to the neighbor- hoods apparently has fizzled. Inde- pendents now are expecting that Campi will modify first runs' protec- tion in event those theatres fail to maintain normal admissions. Jay Means, I. T. O. president, who started the boycott idea, says the pro- posal is being "held in abeyance." Despite his expressed indignation, he (Continued on page 3) McConnell, Garyn on Sales For "March of Time" Series Fred J. McConnell has been named eastern sales manager and Walter P. ("Pat") Garyn western sales manager of "The March of Time" series which First Division will handle. Both men are among the better known distribu- tion executives. McCon- nell, for years was with Universal in charge of short subject sales and latterb' has been with the Van Beuren Corp. Garyn, an old hand at theatre operation with the original Keith cir- cuit, was once assistant to Winfield Sheehan when the latter was Fox sales manager, later was a sales executive with M-G-M and for several years was general sales manager of National Screen Service and subsequently executive assistant to Herman Robbins, its president. W. P. Garyn F. J. McConnell Amusements Join Against Free Programs Films, Theatres, Radio Are Represented Three forms of amusements, films, radio and legitimate theatres, yester- day joined forces in a move to combat unfair competition arising from time to time, such as the free shows spon- sored by Standard Oil Co. of N. J. Amalgamation of entertainment in- dustries followed a protest meeting at Campi, which was directed at the free oil company shows in New Eng- land within the last week. Reports were current late last night that efforts were being made to in- duce Standard Oil to cancel the free show tour. Representatives of vari- ous companies, including Standard Oil, met yesterday afternoon at the Hays office to discuss the matter and it is understood sessions will continue over the week-end. Officials of Music Corp. of America, agents for the art- ists playing in the free shows, refused to comment, referring all queries to Standard Oil executives. However, several code members contacted believed that the Socony gratis entertainment was a thing of the past. Labor officials, musicians and ac- tors joined the Campi move to drive out the new type of entertainment. On a committee of six appointed yes- terday by Charles L. O'Reilly, chair- man of the session, all interests are represented. The committee consists (Continued on page 3) Wisconsin Forming New Theatre Group Milwaukee, Dec. 7. — A committee of 10 exhibitors, including four M. P. T. O., four Allied and two unaffiliated members, met here yesterday to lay the groundwork for an independent statewide exhibitors' association. Pres- ent plans hall for dissolving M.P.T.O. of Wisconsin as well as Allied and the (Continued on page 2) F. /. Godsol Passes Away in Switzerland Frank J. Godsol, one time president of Goldwvn Pictures Corp., died in Lausanne, Switzerland, a few days ago, according to word received in New York yesterday by Ben Blumen- thal, who himself was once active in (Continued on page 4) MOTION PICTURE DAILY Saturday, December 8, 1934 MOTION PICTURE DAILY (Registered U. S. Patent Office) Vol. 36 December 8, 1934 No. 135 Martin Quigley Editor-in-Chief and Publisher MAURICE KANN Editor JAMES A. CRON Advertising Manager Published daily except Sunday and holi- days by Motion Picture Daily, Inc., sub- sidiary of Quigley Publications, Inc., Martin Quigley, President; Colvin Brown, Vice-President and Treasurer. Publication Office: 1790 Broadway, New York. Telephone Circle 7-3100. Cable ad- dress "Ouigpubco, New York." All con- tents copyrighted 1934 by Motion Picture Daily, Inc. Address all correspondence to the New York Office. Other Quigley pub- lications: MOTION PICTURE HERALD, BETTER THEATRES, THE MOTION PICTURE ALMANAC and THE CHI- CAGOAN. Hollywood Bureau: Postal Union Life Building, Vine and Yucca Streets, Victor M. Shapiro, Manager; Chicago Bureau: 407 South Dearborn Street, Edwin S. Clif- ford, Manager; London Bureau: Remo House, 310 Regent St., London, W. 1, Bruce Allan, Representative. Cable address: "Quigpubco, London"; Berlin Bureau: Berlin - Tempelhof , Kaiserin - Augustastrasse 28, Joachim K. Rutenberg, Representative; Paris Bureau: 19, Rue de la Cour-des- Noues, Pierre Autre, Representative; Rome Bureau: Viale Gorizia, Vittorio Malpassuti, Representative; Sydney Bureau: 102 Sus- sex Street, Cliff Holt, Representative; Mex- ico City Bureau: Apartado 269, James Lockhart, Representative; Glasgow Bureau: 86 Dundrennan Road, G. Holmes, Repre- sentative; Budapest Bureau: 3, Kaplar-u, Budapest, II, Endre Hevesi, Representa- tive; Moscow Bureau: Civtzev Vrazhek, N. 25, Apart. 146, Moscow, U. S. S. R., Bella Kashin, Representative. Cable ad- dress: "Samrod, Moscow." Entered as second class matter, January 4, 1926, at the Post Office at New York City, N. Y., under Act of March 3, 1879. Subscription rates per year: $6 in the Americas, except Canada $15 and foreign $12. Single copies: 10 cents. Wisconsin Forming New Theatre Group (.Continued from page 1) formation of an association without national affiliations. It is felt that such an organization is needed to handle problems which have been besetting the industry here, including price wars, double features and premiums. It is hoped to have the new organization functioning by Jan. 1. There is an additional need for such an association with the state legislature convening in January, it is felt. The committee working on the new setup consists of E. F. Maertz, Charles Washicheck, James J. Boden and John Honthaner, representing Al- lied ; George Fischer, A. C. Guten- berg, A. D. Kvool, Ernst Langemack, representing M. P. T. O. of Wis- consin, and Ross Baldwin and B. K. Fischer, not presently affiliated with either organization. Flint Agrees to Ban Duals After Jan, 1 Flint, Dec. 7. — Duals will be banned here after Jan. 1. An agree- ment to this effect has been reached by all exhibitors. Previous attempts to accomplish this have failed. A move to establish the same ban is also under way in Grand Rapids, but has not made much headway as yet. MOTION PICTURE DAILY* i Purely HOLLYWOOD PREVIEW Personal "Night Life of the Gods" ( Universal ) Hollywood, Dec. 7. — A picture that is completely but pleasantly goofy, with cast and director seemingly purposely insane, but with no one caring as fun percolates from their antics. The screen play is based on Thorne Smith's widely read novel of the same name. If audiences like to forget their cares and will take comedy reminiscent of slapstick days, this picture will be their meat. The yarn concerns an invention by Alan Mowbray by which he turns humans into stone and vice versa at will. Visiting a museum, he experi- ments with ancient gods and goddesses, whom he revives for a fling at night life on Broadway, with hilarious results. Lowell Sherman's direction scores, keeping the audience laughing with the picture. His fine hand shows to particular advantage in the most ludicrous situations. Mowbray gives a knockout performance as the eccentric inventor. Florine McKinney, as his self-appointed love, is as bewitching a minx as has appeared on the screen. Gilbert Emery's comedy as Mowbray's resigned butler will convulse the sphinx. George Hassell and Robert Warwick do grand work as Bacchus and Neptune, respectively. Irene Ware, Marda Deering and Geneva Mitchell are good as goddesses.. Convincing support is given by Peggy Shannon as Mowbray's niece, Ferdinand Gottschalk as Miss McKinney's father, William Boyd as a detective and Henry Armetta as a fish vendor. John Mescall"s photog- raphy is outstanding. Production Code Seal Xo. 470. Running time, 80 minutes. "G." "Mystery Woman" (Fox) Hollywood, Dec. 7. — What "Mystery Woman" lacks in marquee names is counterbalanced by cast performances and planned direction, intelligent timing and suspense keeps this drama entertaining. It is entirely devoid of dull spots. The story revolves around an espionage plot and subsequent court martial of Rod La Rocque, an officer in the French army. His wife, Mona Barrie, in an endeavor to vindicate the officer of charges, plays a lone hand against John Halliday and Gilbert Roland, who, in turn, are pitting their wits against each other to gain possession of a neces- sary document. Each side holds one-half of the paper. Miss Barrie is the centrifugal force of the action, which takes place aboard a transatlantic liner and climaxes in New York. Romantic sus- pense centers around the lovable crooks, Roland and Miss Barrie, which winds up in a bond of strong friendship. The fadeout features the death of Halliday and Roland in a gun battle and the release of La Rocque, who is exonerated and subsequently decorated with the Legion of Honor. Eugene Ford's direction achieves dramatic suspense. All the cast (Continued on page 4) RKO Trading Heavy on Big Board High Columbia Pictures, vtc 3>54 Consolidated Film Industries -,'54 Consolidated Film Industries, pfd 18% Eastman Kodak 11254 Fox Film "A" 13% Loew's, Inc 36% Paramount Publix 3% Pathe Exchange V/t Pathe Exchange "A" 14% RKO 2J4 Warner Bros 5 Warner Bros., pfd 23% Low 1854 112 1354 35% 3/s 1 13% VA 4% 22% Close 39}4 4% 18-4 112J4 13% 36% W% 1 14% 2% Net Change + % - % - % - Va- + 54 + 54 + 54 - Vs + % + % 23% + 54 Sales 600 3,100 7x 400 1,000 13,000 4,400 2.200 900 16,300 1,700 20,000 Trans Lux Off Eighth on Curb Net High Low Close Change Technicolor 1354 1354 1354 Trans Lux 2 2 2 — J/$ Paramount Broadway Bonds Off Half Sales 1,200 100 High Low Close General Theatre Equipment 6s '40 9 8% 9 General Theatre Equipment 6s '40, ctf 854 854 854 Keith B. F. 6s '46 64% 6454 6454 Loew's 6s '41, ww deb rights 104% 10454 1 0454 Paramount Broadway 554s '51 44 44 44 Paramount F. L. 6s '47 61 61 61 Paramount Publix 554s '50 61 H 61 61% Warner Bros. 6s '39, wd 60% 6054 6054 Net Change + v% + % Sales 7 2 2 15 5 10 21 4 HAROLD HEXDEE, research di- rector of Radio, spoke the other night before the C. C. N. Y. alumnae chapter of Tau Delta Phi on "The Authentication of Motion Pictures." Jane Baxter, who arrived from the coast Thursday after completing wor* with Ann Harding in "Enchanted April," sailed yesterday on the Berett- garia. June Knight and her new husband Paul Ames, have gone back to the coast. Fox has signed Miss Knight for "Redheads on Parade." Frank W. Lovejoy, president oil Eastman Kodak, and Mrs. LovEjovj sail for Bermuda today on the Queer, of Bermuda. George Schaefer left last night foi a week-end of duck hunting in Mary land. Frankie Thomas, 12-year-old ac- tor under Radio contract, departs foi the coast tomorrow. George Arliss leaves town for thi coast today to enact the title role iij 20th Century's "Cardinal Richelieu." Clint Weyer was in Philadelphir yesterday. Warners Will Stage Party for Orpham Wraners today will stage an an nual Chanukah party for the He brew Orphan Asylum. The affair wil be held in the Warner memorial gym 1 nasium. The children will put on their an nual play, "Life Begins at 8:35," that time. Preceding the show, then will be a supper attended by Harr; M. and Albert L. Warner and othe home office executives. Curtis to Form a Unit Hollywood, Dec. 7. — John A. Cur tis, vice-president and treasurer o First Division, arrived here by plan from Xew York today to look ove various production facilities, prepara ton' to starting the company's ow:' production unit. He also will wor out plans to establish exchanges in th west. Al Friedlander is expected her' around Jan. 10 to assist Curtis o:~ the exchange development. 1st Div. to Open More First Division is expected to an* nounce today new exchanges in Dej troit, Washington and one in th South. Arrangements for a Chicag office have not yet been completec but details are expected to be se some time next week. 1st Div. Gets Bout Filn First Division concluded arrange ments yesterday for distribution c films of the Londos-Shikat wrestlin. match at Madison Square Garden o Monday. The match is sponsored b the N. Y. American Christmas Func Delay Coast Code Meet Hollywood, Dec. 7. — Because c, insufficient attendance the meeting o the directors of the Writers' and Ac tors' Guilds called for last night fc discuss action on a new draft of code of fair practice, was postpone until Tuesdav. - iturday, December 8, 1934 MOTION PICTURE, DAILY Amusements [oin Against ?ree Programs (Continued from page 1) t Harold S. Bareford, films; M. R. unvon, radio; Dr. Henry Mosko- itz, legitimate theatres ; Frank Gill- ore, Actors' Equity; Joseph N. ,'eber, American Federation of lusicians; George Browne, I.A.T. .E. John C. Flinn was named exec- tive secretary of the committee and meeting will be held early next eek further to discuss the situation, he committee will be a permanent ne and will act from time to time n problems arising within the amuse- lent industries. \ttending the session at Campi ere O'Reilly, Flinn, Bareford, Ed Luykendall, Marcus Heiman, Gill- lore, Birnbach, Merlin ri. Ayles- ,orth, J. Robert Rubin, Martin Beck, iordon C. Youngman, Runyon, James Baldwin, Charles S. Hynes, Walter incent, William P. Farnsworth eputy administrator ; Tyree Dillard, r., Brown, Louis Krouse, Rodger Cennedy, R. A. Cooke and Sidney ustin. Runyon and Baldwin represented he radio code authority while Hyne Lcted for the hotel code authority. Campi Orders Ending] Cleaners Amendment Of Five Bank Nights Campi has handed down cease and desist orders on five appeals from •'bank night" decisions of local griev- ance boards. In each instance, Code Authority affirmed verdicts of the lower boards. The "stop" orders were on the following cases : G. E. Klock, Klock, Neodesha, Kan., against J. E. Whitten, Gem, same city ; Tower, Miami, against Coral Gables, Para- mount and Rosetta, same city ; Rex, Fairfield, la., against Orpheum, same city ; Casino, Marshalltown, la., against Strand and Family, same city, and Capitol, New Braunsfels, Tex., against Opera House, same city. In the complaint of Harry C. Swan of the Washington, Granite City, 111., against Gaylord W. Jones, Rialto, ame city, charging that the "Carpen- ter Food Show" put on by the re spondent was a means to reduce admis ions, Campi upheld the St. Louis board which decided in favor of Swan. Two open air non-theatrical free shows were also ordered to quit the practice. They were being put on by Edward A. Ramsey of Mansfield, O and on complaint of T. J. Fowles of the Idol, Lodi, O., and Ohio, Madison and Ritz, Mansfield, the Cleveland grievance body declared the practice a iolation of the code, this being af firmed by Campi. Rosenblatt to Come Here on Pay Scales Washington, Dec. 7. — Compliance Director Sol A. Rosenblatt will go to \e\v York Dec. 12 to meet with the ommittee which has been investigat- ng operators' pay scales in the metro- >olitan area. The commission asked lis participation in its next meeting in >rder to attempt to develop conclu- sions for recommendations. Originally Rosenblatt had planned to go thi ,veek, but could not because of the ielay in getting back from the coast Rosenblatt has had the findings of the NRA fact finding committee be- fore him for the past few weeks and is prepared to set up basic wage scales for theatres without further delay. It is understood that smaller houses will pay a minimum of about $8( week for a booth, while in larger houses the booth cost will be gradu ated. Code Attack Due at New Orleans Confab New Orleans, Dec. 7. — Directors of both Allied and the G. F. T. A (Georgia) will meet singly and later jointly Monday and Tuesday to take up the code and will ask the govern ment for its reopening, claiming that it is unfair to independents and that boards are "controlled by major cir cuits'' and exchanges. Recently a letter was mailed fro: this city to code authorities, charging malfeasance in office by the local board. Col. H. A. Cole of Texas Allied makes the assertion that Code Au thority is operating "under the influence of monopoly." Consolidated Closing One Consolidated is closing the U. S. in the Bronx tomorrow night. Flinn Gets Salary Boosted to $20,000 (Continued from page 1) made a lengthy and favorable report the extra situation as a result of s recent trip to the coast. Since last July, Flinn has kept op erating expenses below the budget every month. For July, the budget was under by $1,362.09; for August by $1,793.28; for September, by $2, 73.10; for October, by $928.49; for November, by $488.09. June was the only month when the expense ran over the allowance. The overage fig- ure then was $153.51. Pending to Dec. 21 Washington, Dec. 7. — An amend- ment to the code prohibiting exhibi- tors from entering into "any agree- ment, directly or indirectly, for serv- ices of a kind usually and customarily performed by theatre employes direct- ly compensated by exhibitors unless such agreement provides that no per- son actually engaged in rendering such services shall be employed at a lower standard provided for" in the code, except under contracts entered into prior to the effective date of the amendment, was submitted to the in- dustry today by Deputy Administra- tor William P. Farnsworth. The in- dustry was informed that, failing to receive substantial objections prior to Dec. 21, the amendment will then be approved by the NRA. This is the so-called "window-wash- g amendment," which was the sub- ject of a hearing in Washington some months ago, and involves contracts held by a number of theatres of main- tenance of their houses by an outside agency. Boycott Idea Fizzles Among K.C. Theatres Fox Signs Martini Fox has signed Nino Martini, Metropolitan Opera and radio tenor, to do a series of musicals following the opera season. He will start work in May and will stay at the studios during the spring and summer. (Continued from page 1) has been showing M-G-M pictures at his Oak Park Theatre. While the association adopted Means' resolution to stand 100 per cent for a boycott, it later developed the move largely depended on support from Fox Midwest and exhibitors within a radius of 100 miles around Kansas City. Cooperation also was sought from the Kansas-Missouri Theatre Ass'n. With the exception of independents in Kansas City, no ex- hibitors seem inclined to join the boy- cott. A faction of independents not affiliated with I. T. O. ridicules the idea. Several independents are reported to have cancelled film contracts in protest against the low scales at downtown first runs, and others threaten that re- gardless of contracts they will not play pictures first run at the 15-cent balcony price prevailing at Loew's Midland. The situation has become more in- volved since RKO today cut the Mainstreet's scale to a par with the Midland's. NRA Names Dec. 19 For Vaude Hearing as pre- Daily (Continued from page 1) Dec. 19 at the Willard Hotel dieted in Motion Picture yesterday. A number of amendments have been submitted, but it is possible that the schedule may be changed to permit in- clusion of others not yet received, which were considered yesterday by Campi. A. W. Kelly in Hollywood Hollywood, Dec. 7. — Arthur W. Kelly, vice-president of U. A. in charge of foreign distribution, has ar- rived here on his way back to New York from an eight-month tour around the world. Plan New Theatre Here The Van Dyke Amusement Corp., theatre operator, has leased the south- east corner of Broadway and Dyck- man St. and proposes to build a thea- tre on the site. Open at Walla Walla Washington, Dec. 7.— Fred Mercy and his son, pioneer Washington ex- hibitors, tonight opened the new Roxy at Walla Walla. - - - 32000,000 LISTENERS MOTION PICTURE DAILY MOTION PICTURE DAILY* HOLLYWOOD PREVIEW (Continued from page 2) portrayals are intelligent. Ernest Palmer's photography is flawless. Philip MacDonald penned an interesting screen play from Dudley Nichols' story. Box-office results may depend upon the exploitation value of the mystery angle. Production code seal No. 456. Running time, 72 minutes. "G." "Little Men" (Mascot) Hollywood, Dec. 7. — This film corrals the cream of Hollywood's juvenile talent to portray in expert fashion the lovable characters visual- ized and recorded in Louisa M. Alcott's novel of the same name. In text paralleling to some extent "Little Women," by the same author, exhibi- tors can capitalize on the popularity of the ''Little Women'' screen play. Phil Rosen's direction of such capable youngsters as Frankie Darro, Dickie Moore, George Ernest, David Durand, Tommy Bupp, Buster Phelps, Dickie Jones, Ronny Crosby, Junior Durkin and Cora Sue Col- lins deftly succeeds in bringing tears and sympathy for a group of char- acters gathered under one roof, where they live and attend school in 1871 in New England, where schools were few and far between. This locale produces ample opportunity to play upon the emotions of boyhood ideals, ambitions, hopes, dreams and disappointments and milks dry all these elements, producing a tender, human offering that should please those appreciating true characterizations of a period contributing to our early history. The picture looms as a natural for the juvenile trade and the Yule- tide season, Ralph Morgan and Erin O'Brien Moore furnish the paternal balance as the masters of a boarding school in faithful and effective fashion. No code seal. Running time. 79 minutes. "G." Looking 'Em Over "War Is a Racket" (Eureka Prod.) Entirely lacking in continuity and composed of stock shots of a familiar hue, this picture has little that is impressive. Its preachment against war wavers occasionally and tends to become socialistic in nature. Toward the end it varies once more and becomes purely patri- otic in its flag-waving presentation of American troops in action. The film concludes by naming and picturing some of the best known international munitions plants and, through the medium of an inquiring reporter written into the script, places on the screen the opinion of anonymous persons interviewed that "war is a racket." The composi- tion is lacking in conviction and its effectiveness as anti-war propaganda is correspondingly weak. No code seal. Running time, 68 minutes. "G." "The Private Life of Don Juan," opening this morning at the Rivoli, was re- viewed on Sept. 8. "The Painted Veil," yesterday's opener at the Capitol, was reviewed on Nov. 24. "The President Vanishes," which opened at the Paramount yesterday morn- ing, was reviewed by wire from Hollywood on Nov. 13. 4 Catholic Churches Here to Post Films Lists of approved and disapproved pictures will be posted in the vestibules of all Catholic churches of the arch- diocese of New York starting Dec. 16. The order has been issued by Car- dinal Hayes in conjunction with a plea to all Catholics to sign Legion of Decency pledges. The pledges will be for one year and will be given to both adults and children. In addition to posting the lists of films, pastors will read the lists £ach Sunday. Detroit, Dec. 7. — Pledges of re- newed support for the Legion of De- cency in the Detroit Catholic diocese are urged in a letter from Bishop Michael J. Gallagher. The letters have been mailed to every pastor in the Detroit area to be read at all masses in their churches Sunday. F. /. Godsol Passes Away in Switzerland {Continued from page 1) the industry as president of Export and Import Film Co. Godsol had his origin in Cleveland, became associated with Pathe of France a number of years ago, later with the Shuberts, and, during the war, was purchasing agent in America for the French Government. He also founded Tecla Pearls. From a mem- ber of the board of directors of the former Goldwvn Co., he eventually obtained control and became its presi- dent, as Samuel Goldwyn, one of the founders of the enterprise, retired. It was Godsol who acted for the Gold- wyn organization in the merger by which that company became part of Metro-Goldwyn-Mayer. He was believed to have been 61 at the time of his death and had been living in Switzerland for his health for the past seven or eight years. He died of a lingering illness, reported to be a lung condition. "Bob" Long Is Dead Robert Edgar Long, for years asso- ciated with David Wark Griffith in charge of the latter's publicity, is dead, following a brief illness at the Ruptured and Crippled Hospital. His experience in the publicity end of the business included posts with William A. Brady, the Aborn Opera Co., Earl Carroll and United Artists. Home Services Today Funeral services for Edward A. Home, who was manager of Radio's print department for the past 15 years, will be held at two o'clock this after- noon at his home, 100 Thayer St., Manhattan. Burial will be at Gate of Heaven Cemetery, A'alhalla, N. Y. Plan Monte Carlo Night The M. P. Club will stage a Monte Carlo Night on Dec. 12 for the benefit of the Federation of Jewish Charities. There will be dancing and music and other forms of diversion with a free buffet supper during the evening. Signs for New Sound Philadelphia, Dec. 7 — Samuel L. Rothafel has closed a deal with RCA Victor for installation of High Fideli- ty Photophone reproducers in the Roxy-Mastbaum scheduled to open the day before Christmas. Gets Liberty Pictures Hollywood Film Exchanges, distri- butors of Liberty Pictures here, has sold its complete list of pictures to the Rosenblatt Circuit, operating houses in New York and New Jersey. "Clive" Ready Jan. 25 National release of 20th Century's "Clive of India" by United Artists has been set for Jan. 25. The film is in an advanced stage of production. M-G-M Signs Bennett Hollywood, Dec. 7. — M-G-M has signed Constance Bennett to a three- year contract. The pact provides for a 40-week guarantee the first year with two one-year options providing for the same amount of work. M-G-M Auditors to Meet M-G-M auditors in the field and home office will hold their annual meeting at the Astor about Christmas Week. Saturday, December 8, "Divorcee" $16,000 Hit at the Palace "Gay Divorcee" at the Palace hi one of the best grosses in months fci this Broadway house. The intake wa.< $16,000, the picture being held as ; result In Brooklyn the Albee also gar- nered a neat $18,000, which is abou $3,000 above normal business. Start ing today, the Radio picture opens ;i 26 RKO neighborhood houses for full week's run. Second week of "The Merr Widow" " at the Capitol fell to $21,' 000. At the Paramount, "Colleg' Rhythm" took in $19,500 for the sec ond week. The Rivoli's take for tbl week nending last Wednesday nigh was §16,500. Quigley Award Goes To Solomon, Newarl Sig Solomon, Regent, Newark, i winner of the Quigley Award of tb Managers' Round Table Club of th Motion Picture Herald for Novem ber. He took the honors for his cam paign on "Judge Priest" by unani mous decision of the judges. First mention goes to Fred Wei mar, Orpheum, Sioux Falls, S. D., fo his work on "Little Miss Marker. The next five to win honorable men tion were : Don Nichols, Charlotte Leo Henderson, Twin Falls, Idaho Matt Saunders, Bridgeport ; Harr; Charnas, New York, and Rosco Drissel, Wilmington. Say Sales Tax Hits Accessories Soleli (.Continued from page 1) the lines of the recent state sales ta in applying only to tangibles. Under the terms of a schedul worked out by Mayor LaGuardk Comptroller McGoldrick and othe city officials the tax will not be levie on sales of one to 12 cents. Th schedule from 12 cents on is: 13 t 62 cents, tax one cent ; 63 cents t $1.12, two cents; $1.13 to §1.62, thre cents ; $1.63 to $2.12, four cents ; $2.1 to §2.62, five cents; $2.63 to $3.L six cents; S3. 13 to $3.62, seven cents $3.63 to $4.12, eight cents; $4.13 t $4.62, nine cents; $4.63 to $5.12, 1 cents. Tax Fight Planned By Washington Met Seattle, Dec. 7. — Washington thea. tre operators, through Allied Amusf ments of the Northwest, are mappin their campaign against addition; taxation burdens threatened when tr j state legislature meets in Olympi next month. Through Hugh Brue| and James M. Hone, president an; secretary, respectively, the theatre me are represented on the newly-forme Washington State Retail Legislate Council which will campaign again: higher taxes. Eastman Plans Bonus Rochester, Dec. 7. — The Eastma Kodak Co. today announced that would pa)- a wage dividend to en ployes, the first such payment :' three years. Fox Music Unit to Mov Movietone Afusic Corp., Fox sul sidiary, moves to Radio City Jan. taking over an entire floor for its ne headquarters. The Leading Newsfeasel Motion^ Picture Industry MOTION PICTURE DAILY Alert, Intelligent the In in All Branches VOL. :H6. NO. 136 NEW YORK, MONDAY, DECEMBER 10, 1934 TEN CENTS New RKO Plan 4waits Court Claims Action Reorganization Outline Discussed in Interim Further progress on a plan of re- trganization for RKO is awaiting :ourt action on the creditors' claims iled against the company and a re- labilitation of Orpheum Circuit, bank- upt RKO theatre holding subsidiary, t is learned. The basis of a reorganization plan or RKO has been discussed from time o time during recent weeks, but the lefinite formation of a plan has been mpossible because of the absence of a :ourt determination of the claims \h\ch will be allowed against the com- )any and their amounts. Once this las been established, reorganization :actors will be enabled to proceed ,vith the drafting of provisions for aking care of the claims in a reor- ganization plan. The working out of (Continued on page 7) Carolina MPTO Meet Begun at Charlotte Charlotte, Dec. 9. — With 500 nembers of the industry on hand, the U.P.T.O. of North and South Caro- ina went into convention today at the Hotel Charlotte here. The meeting, which continues hrough tomorrow, is devoting itself irincipally to a discussion of problems iacing the industry, such as music tees, possible adverse legislation in both Congress and the legislatutes of (Continued on fane 6) Expect Skouras-FWC Contract This Week Charles and Spyros Skouras are expected to sign a joint 10-year operat- ing contract with National Theatres this week, prior to the former's de- parture for the coast with his secre- tary, Charles Zabel. Reorganization is slated to become effective on Jan. 1. Spyros will leave for the coast either the latter part of (Continued on pane 6) Sound Parts to Be Used in Tax Ruling Submission of samples of component parts of sound equipment to the In- ternal Revenue Dept. for a ruling on whether or not the equipment is taxa- ble will be undertaken by the Enter- tainment Apparatus Mfrs. Ass'n., it (Continued on page 6) Schulberg May Return As Para. Studio Head Early Ending Of Oil Shows Is Predicted Indications are that Standard Oil's formal announcement of the discon- tinuance of its free show featuring Guy Lombardo will be made today or tomorrow, following week-end con- ferences which began with a meeting at M. P. P. D. A. headquarters on Friday. Standard Oil executives in charge of the touring troupe would neither affirm nor deny the report on Saturday that an understanding had been reached with industry representatives whereby the free shows would be discontinued as of this week with circuits assuming Standard Oil's talent contracts. Other sources, however, definitely indicated that such was the case. The touring troupe opened a week (Continued on page 6) Warners Deny Plan To Make Equipment Reports that United Research Corp., wholly owned Warner subsidiary, olanned to enter the sound reproducer field within the next few months are denied by home office executives. It is stated that the company was inherited bv Warners when Bruns- wick Radio Corp. was taken over about five years ago. United is ex- perimenting with home talker devices in addition to the U. R. C. sound de- vice for theatres. A few installations of the latter device have been made. (Continued on page 6) Stalemate On Zoning May Be Ended Shortly End to the national clearance and zoning stalemate is near with Campi concentrating on two schedules, Kan- sas City and New Haven. Both have been rehashed and modified to Code Authority's liking and are due to be reviewed again Thursday. It is the opinion of a number of codists that either one, or both, plans will be ap- proved. Compliance Director Sol A. Rosenblatt will attend this session and urge adoption of at least one of the schedules. Although Kansas City independents were aroused to the point where a boycott against M-G-M and U.A. was threatened because of the price war between RKO's Mainstreet and Loew's Midland, Campi itself has a plan (Continued on page 6) J. L. & S. to Sue on McVickers Product Chicago, Dec. 9. — An anti-trust suit under the Sherman Act will be entered in Federal court next week by Jones. Linick & Schaefer against Balaban & Katz, with a similar suit to be launched in New York against Para- mount Publix over the alleged inabil- ity of J. L. & S. to obtain first run product from major distributors for the McVickers. The McVickers opened Tuesday night under J. L. & S. management with a public oreview. The program (Continued on page 6) November Grosses Show Only Light Fluctuations Late November grosses continued along the levels which set in durine the first week of the month in the 22 key cities from which Motion Pic- ture Daily tabulates weekly reports. For the week ending Nov. 29-30 the takes in 137 theatres totalled SI, 369,- 576. This is slightly more than l~x the previous week when the total was (Continued on page 6) Comes East to Discuss Deal— Talks Will Be "Unofficial" B. P. Schulberg may again become head of production for Paramount. So far in the conversation stage largely, but reported well along, nev- ertheless, the possibility will be aired further in the next couple of weeks by Schulberg, who arrived from Holly- wood yesterday, and members of the new Paramount board. As the Chief changed train crews in Kansas City Friday night, Schulberg made the flat statement to a Motion Picture Daily reporter that he was heading east on a deal to resume charge of all production. "I will either take over Paramount production entirely or, if that falls through, will produce entirely inde- pendently of any studio, releasing through the major distributor who offers me the most advantageous terms." The impending conferences will, of necessity, be viewed as "unofficial" in (Continued on page 7) Add Two Vaudefilm Houses to Census Washington, Dec. 9. — With two additional film and vaudeville theatres, having receipts of $775,000, reporting following the conclusion of its survey of service industries, the U. S. Census Bureau last night announced that its investigation had disclosed a total of 10,265 theatres throughout the United States with receipts in 1933 of $415,153,000. The bureau's final report, which gives totals for the nation only, tallies (Continued on page 7) Mooney Gets B. & D. Selling Job Here By BRUCE ALLAN London, Dec. 9. — Paul C. Mooney is aboard the Paris, New York-bound, to assume sales promotion in America for British and Dominion Pictures, the Herbert Wilcox company. Mooney originally was a Cleveland newspaper man who later became branch manager for Fox in that city. Later, and for some time, he was sales manager for Louis B. Mayer and subsequently a vice-president of Pro- ducers' Distributing Corp, MOTION PICTURE DAILY Monday, December 10, 1934 MOTION PICTURE DAILY (Registered U. S. Patent Office) Vol. 36 December 10, 1934 No. 136 Martin Quigley Editor-in-Chief and Publisher MAURICE KANN Editor JAMES A. CRON Advertising Manager 0 Published daily except Sunday and holi- days by Motion Picture Daily, Inc., sub- sidiary of Quigley Publications, Inc., Martin Quigley, President; Colvin Brown, Vice-President and Treasurer. Publication Office: 1790 Broadway, New York. Telephone Circle 7-3100. Cable ad- dress "Quigpubco, New York." All con- tents copyrighted 1934 by Motion Picture Daily, Inc. Address all correspondence to the New York Office. Other Quigley pub- lications: MOTION PICTURE HERALD, BETTER THEATRES, THE MOTION PICTURE ALMANAC and THE CHI- CAGOAN. Hollywood Bureau: Postal Union Life Building, Vine and Yucca Streets, Victor M. Shapiro, Manager; Chicago Bureau: 407 South Dearborn Street, Edwin S. Clif- ford, Manager; London Bureau: Remo House, 310 Regent St., London, W. 1, Bruce Allan, Representative. Cable address: "Quigpubco, London"; Berlin Bureau: Berlin - Tempelhof , Kaiserin - Augustastrasse 28, Joachim K. Rutenberg, Representative; Paris Bureau: 19, Rue de la Cour-des- Noues, Pierre Autre, Representative; Rome Bureau: Viale Gorizia, Vittorio Malpassuti, Representative; Sydney Bureau: 102 Sus- sex Street, Cliff Holt, Representative; Mex- ico City Bureau: Apartado 269, James Lockhart, Representative; Glasgow Bureau: 86 Dundrennan Road, G. Holmes, Repre- sentative; Budapest Bureau: 3, Kaplar-u, Budapest, II, Endre Hevesi, Representa- tive; Moscow Bureau: Civtzev Vrazhek, N. 25, Apart. 146, Moscow, U. S. S. R., Bella Kashin, Representative. Cable ad- dress: "Samrod, Moscow." Entered as second class matter, January 4, 1926, at the Post Office at New York City, N. Y., under Act of March 3, 1879. Subscription rates per year: $6 in the Americas, except Canada $15 and foreign $12. Single copies: 10 cents. Para. "Battle" Bid Out Paramount had dropped out of the bidding for "The Battle," now cur- rent at the Criterion. Leon Garganoff, French producer, had this offer in addition to one from Fox. The latter is still pending. The picture bows out of the Criterion Dec. 13, and Gar- ganoff sails for home in a few days. To Star Glenda Farrell Holly wood, Dec. 9. — Glenda Far- rell gets her first starring role at Warners in "Women Are Bum News- paper Men." The picture will go be- fore the camera this month with Robert Presnell supervising. Two by Wheeler-Woolsey Hollywood, Dec. 9. — Bert Wheeler and Robert Woolsey will make only two features a year for Radio in the future instead of three or four. They feel they can get better results by con- centrating on two, they say. Radio Executives Coming Hollywood, Dec. 9. — J. R. Mc- Donough and Pandro Berman of Radio were eastbound tonight for pro- duction conferences in New York. George Monroe Married Lincoln, Dec. 9.— George Monroe, Jr., who manages the Chief, Pueblo, Col., has married Erma Long here. Insiders' Outlook INCLUSION of several Para- mount executives on the board of the reorganized company in addition to Adolph Zukor appears to be in the cards for a later date. By-laws of the new company specify that the board member- ship is to consist of a minimum of 12 and a maximum of 16. For the purposes of presenting the reorganization plan to the court and inaugurating the new company at such time as the plan may be confirmed by the judge, the minimum board of 12 is being set, of which nine have already been named. . . . T The initial 12, it appears fairly certain, will not include any other company executive in addition to Zukor, although one of the three directors remaining to be chosen may be a man with film experi- ence. In selecting the initial membership, the objective of the reorganization factors has been to dispose at the outset of the question of creditors' representa- tion on the board. This is offered as the explanation why not more than two film men stand to be in- cluded among the initial 12. . . . T However, there will be four vacancies on the board remaining when the plan is confirmed by the court. At that time the board will be able to meet and elect officers of the new company and from among those elected at that time, it now appears likely, several un- doubtedly will also be named to the board. These, in addition to the president of the new com- pany, would probably include a vice-president, treasurer and sec- retary, all of whom will be film men, according to present indica- tions. Such a procedure would place four or five industry men on a board of IS or 16 mem- bers. . . . WHILE it may be none of their business, in companies other than Paramount the direc- tion in which the board has so far leaned has precipitated criticism of the Paramount reorganization factors. Dyed-in-the-wool film men at large fail to see how that organization will be able to move swiftly in a highly competitive field unless its controlling board includes enough personalities who know the ins and the outs of the industry and so can move in or out of any given situation quickly dependent upon the dominating circumstances. This column, at the risk of tiring you. this morn- ing again doubles back on ground several times covered and takes upon itself the repetition of well- meant and, it is convinced, sound advice: Get more than a smat- tering of expert film men on that board, Paramount, or the oppo- sition, well-schooled and well- steeled in matters filmatic, will mow you down. . . . T The production situation there now finally comes to a head of some sort of another in the flir- tations between the new direc- tors, or their representatives, and Ben Schulberg. quondam studio chief. That's what brings him east for discussions which, no doubt, will not even be officially admitted. If Schulberg goes in, Manny Cohen will go out. The relations between both men are not and have not been cordial for some time, leading beyond all argument to the conclusion that Schulberg, everything else being equal, will not consent to the fir- ing of any of the shots if Cohen returns the same privilege. . . . T Note to the opponents of double features, meaning distrib- utors principally: In England, Loew's Leads Trading on Big Board Net Columbia Pictures, vtc. Fox Film "A" Loew's, Inc.. RKO Warner Bros.. Warner Bros. pfd. High Low Close Change Sales 39M 395* 3954 400 m ■ m 100 185* 185* 185* - 5* 600 112 nm 112 - 54 300 14354 14354 14354 +154 20 13J4 135* 135* - 5* 500 365* 365* 3654 + 5* 13,400 10454 10454 10454 - V* 100 354 35* 35* 700 1454 1454 14^ + H 100 25* 2 2 - 5* - 5* 3,000 m 434 m 1,400 23 23 23 - 5* 10 Technicolor Rises Eighth on Curb Technicolor Net High Low Close Change ■ 135* 135* 135* + 5* Sales 100 Paramount F. L. Bonds Up One Keith, B. F. 6s '46. Paramount F. L. 6s '47 Paramount Publix 5%s '50. Warner Bros. 6s '39, wd. Net High Low Close Change Sales 65 65 65 + 54 5 10454 104J4 104J4 1 44 4354 4354 — 54 10 62 62 62 +1 5 61 54 6154 6154 2 9954 995* 995* -% 2 6054 60 6054 27 distributors who are members of the Kinematograph Renters' So- ciety rule off those exhibitors who permit their shows to run more than three hours and a quarter. That's another way of saying their service is eliminated. The decision developed after a deputation of theatremen, repre- senting the Cinematograph Ex- hibitors' Ass'n., had finished their conferring with the K. R. S. Here, all you get is a mixture of talk, threats, hot air and inac- tion. Also, something beyond a suggestion of short-sighted com- petition tapering off into the double cross. . . . ▼ Impressions often are influ- enced in the approach. Thus, while David Sarnoff denies hav- ing told radio dealers television would be on the market by the end of the year and remains faith- ful to his earlier statements which foretold the invention, but no date for it, read what he had to say before the New York University College of Fine Arts the other evening : "Listeners will be able to watch the performance of the opera they are hearing. A play on Broadway may be seen by an audience in Arizona." Sounds as if the promised land is around the corner, the Sarnoff enthusiasm being further height- ened by : "If we let our imagination plunge ahead we may also dream of television in faithful colors. I believe that dream will come true one day, and when it does, every home equipped for reception can at certain times become an art gallery." If that isn't dangling the bait, what is? . . . T An idle couple of hours the other evening became worthwhile hours through a drop-in visit at the Criterion to catch "The Bat- tle" belatedly. Powerful enter- tainment is this French picture produced by Leon Garganoff and highlighted by the perform- ance superb of Charles Boyer as the fanatically and fatalistically patriotic Japanese naval officer. Nicolas Farkas' direction is ex- cellent, his sense of the dramatic accurate and convincing and Merle Oberon, lovely and compe- tent at one and the same time. Which is something. There's a pretty good name credited for the dialogue, too. It's Robert Stev- enson. . . . KANN James J. McGrath Dead Providence, Dec. 9. — Theatre men here mourn the passing of James J. McGrath, for 30 years employed by the Keith and Albee theatrical inter- ests throughout the country as a specialist in scenic settings. He was 64 years old. At various times Mc- Grath was employed by such stars as E. H. Sothern to join companies on road trips. THE BOA T HASN'T SAILED •k k k Vik Dripping with wisecracks . . . boasting the best characterizations seen in many a day . . . succeeded in packing the house. — Doily News Comedy of low and high order along with intrigue, mystery, romance and melo- drama . . . rates as good en tertainment . . . incisive direction. —The Post There's still ime to book this ewis Milestone hit for ie holiday season nd bring a tidal rave of business > your box-office! Takes you ior joy ride . . . sev eral exceptiona performances. — Rklyn. Times -Un'toi Grand entertainment . delightful yarn . . . expertly directed . . . dialogue is hi larious . . . expertly played by a large and amusing cast- —The Journal Cash customers will love the punch -packed entertainment in latest Columbia gem ... by all means take the cruise aboard Connolly's good ship. — The American HELD OVER FOR 2ND WEEK N . Y. R I A LT O UATCC 4L» CCA LEWIS MILESTONE Production — with VICTOR McLAGLEN JOHN GILBERT ISON SKIPWORTH WYNNE GIBSON HELEN VINSON WALTER CONNOLLY ED KEATING LEON ERROL WALTER CATLETT TALA BIRELL MOTION PICTURE DAILY November Grosses Show Only Light Fluctuations (Continued from page 1) what behind those recorded in the $1,305,450, but both totals run some- I first two weeks of the month. Comparative grosses for the latest available periods : Week Ending Theatres Grosses Sept. 27-28 132 $1,419,815 Oct. 4-5 132 1,412,844 Oct. 11-12 132 1,344,137 Oct. 18-19 131 1,385,533 Oct. 25-26 133 1,386,935 Nov. 1-2 135 1,288,992 Nov. 8-9 134 1,386,736 Nov. 15-16 133 1,389,743 Nov. 22-23 136 1,305,450 Nov. 29-30 137 1,369,576 weekly totals : Week Endinq Week Ending Nov. 29-30 Nov. 22-23 Theatres Gross Theatres Gross Boston 6 113,500 6 108,500 Buffalo 5 50,700 5 47,700 Chicago 8 129,800 8 104,200 Cleveland 6 41,900 5 43,100 Denver 16,000 5 29,500 Detroit 6 74,900 6 69,200 Indianapolis . . 5 25,250 5 24,250 Kansas City 5 36,700 5 43,100 Los Angeles . . 9 68,950 9 80,450 Minneapolis 6 24,400 6 23.000 Montreal 5 44,000 5 46.000 New York .... 9 264,989 9 238,750 Oklahoma City 4 14,087 4 12,300 Omaha 4 22,800 4 24,200 Philadelphia 9 80,900 8 73,100 Pittsburgh 6 52,950 6 64,000 Portland 7 35,600 7 30.400 Providence 6 48,600 6 40,200 San Francisco 7 87,000 7 76.000 St. Paul 6 21,500 4 20.700 Seattle 7 37,450 7 35,100 Washington 6 77,600 6 71,700 137 $1,369,576 136 $1,305,450 (Copyright, 1934, Quigley Publishing Co., Inc.) 6 Stalemate On Zoning May Be Ended Shortly (Continued from page 1) to settle the pegging of prices. Penal- ties, in the form of setting releases back seven days for each five cents cut, would be imposed on downtown first runs as well as in the neighborhoods. The plan, broached at the last ses- sion, was put over for discussion until Thursday, when S. R. Kent will act as chairman. It is believed the only solution to the Kansas City schedule will be to include penalties for all theatres not pegging prices. The New Haven plan, discussed in brief last week, was referred to the appeal committee which originally heard it and recommended revisions. The revisions have been made and now the committee, presided over by George J. Schaefer, will make a report to Code Authority on the revised schedule. It is expected that Campi will approve the report. In all schedules which get the offi- cial nod, the right of the distributor to sell protection to any run will be included. Also scheduled for this week's Campi session is the controversy in Chicago over the releasing system set up by exchanges. While in most sec- tions of the country the 14-day release period starts according to dates set by downtown first runs, independents from the Windy City maintain that exchanges are varying this rule and spotting releases after first run neigh- borhood dates, thereby confusing ex- hibitors who wish to act within the two-week period on cancellations. Aaron Saperstein and Jack Miller were in town last week and discussed the situation briefly. While John C. Flinn clarified the releasing system, he promised to take it up with Campi at its next meeting for official action. J. L. & S. to Sue on McVickers Product (Continued from page 1) comprised two Shakespearean per- formances rendered before and after the feature picture by the Globe Play- ers who held the stage at the "Merrie England" village at the World's Fair. The feature was "Jane Eyre." The McVickers is owned by J. L. & S., but in recent years it has been leased by Paramount. Several months ago, in an effort to stave off declining receipts, Publix vested complete man- agement of the house with B. & K., the thought being that complete local autonomy might prove beneficial. How- ever, the house went dark the last week in July and has remained so until reversion to J. L. & S. last week. Work Is Started on Mexico City House By JAMES LOCKHART Mexico City, Dec. 9. — Construction has been started on a new 3,000-seat de luxe house which, it is estimated, will cost $500,000. It will have modern equipment, including air conditioning, and probably will be ready in eight months. It will be the 62nd film house in the Federal District. Sound Parts to Be Used in Tax Ruling (Continued from page 1) was stated on Saturday following a meeting of the organization. This procedure was described as costly and time-consuming by the as- sociation, but was said to be the only method followed by the Internal Rev- enue Dept. in granting tax exemp- tions under Section 607 of the Reve- nue Act of 1932. The organization's statement said that it had learned that Erpi had followed this procedure in 1932 and on the strength of "an oral opinion of an agent of the department they considered their products tax ex- empt." Yates on Coast to Start Record Plant Hollywood, Dec. 9. — Herbert J. Yates arrived from New York today for the second time in several months, this trip having to do with establish- ment of a phonograph record factory in Los Angeles to serve the country from Denver west. Ralph D. Poucher, Consolidated executive, accompanied Yates. Also on the Chief were Robert H. Cochrane and Willard McKay of Universal. Ohio's 3% Tax Idea Liked by Exhibitors Columbus, Dec. 9. — Ohio exhibi- tors generally are well pleased with the prospects of early enactment of a three per cent sales tax, as passed by the Senate last week, especially since the existing 10 per cent admis- sion impost is to be repealed, and a flat three per cent levied on gross admissions, thus removing the neces- sity of affixing tax stamps to tickets. The repeal of the present 10 per cent tax, and the method of collecting the sales tax, are covered by a Sena- torial amendment in which the House is expected to concur when the mea- sure is returned to that branch. Carolina MPTO Meet Begun at Charlotte (Continued from page 1) the Carolinas, clearance and zoning, and gift nights. Ed Kuykendall, M.P.T.O.A. president; Edward Levy, counsel for the national association, and others prominent in the exhibition field are leading the discussions on these and other subjects. At the invitation of the program committee, headed by Roy Smart of High Point, N. C„ Terry Ramsave editor of Motion Picture Herald tomorrow^ will address the convention on "Hearing from the Customers." Monday, December 10, 193* Early Ending Of Oil Shows Is Predicted (Continued from page 1) ago and played to capacity nouses at New Haven, Concord, N. H. ; Provi- dence and Boston, with a driver's license or certificate of ownership the only admission requisite. The current eastern tour was to have continued for another month and then resume in the south and the west. In early meeting- between industry representatives and Standard Oil officials in protest against the free show tour Warners volunteered to assume the oil com- pany's talent contracts when those commitments were advanced by Stan- dard as a reason for its inability to call off the exploitation stunt. Providence, Dec. 9. — Standard Oil's free touring show with Guy Lombardo and other acts played to capacity at the Metropolitan here despite absence of local newspaper cooperation and little advance ballyhoo except by radio. The troupe goes from here to Boston. Warners Deny Plan To Make Equipment (Continued from page 1) including one in the Grand Opera House, Wilmington, for test purposes. The theatre reproducer is far from ready for practical installation, it is asserted by Warner officials, but ex- periments are being carried out by a skeleton force of about seven people working in the Long Island City plant. Expect Skouras-FWC Contract This Week (Continued from page 1) the month or the first week in Janu- ary. He will be on the scene during the first weeks of the adoption of the reorganized plans. Hearing in Los Angeles on the ap- peal of Harry L. Hartman and Mar- shall Square Theatres on a claim of $3,750,000 alleged damages for as- serted monopoly in San Diego and; San Francisco will not hold up reor- ganization, it is stated. Date for the hearing will be set within the next few days. S. R. Kent, who returned from Eng- land last Tuesday, stated the Skou- rases will continue operation of Fox West Coast. He said he did not know 1 of a 10-year contract. Kent also leaves for the coast the early part of Janu- ary to confer with Winfield Sheehan on production. In addition, he will.1 give the National Theatre setup an- examination. Los Angeles, Dec. 9. — Fox West Coast reorganization developments are dormant until Wednesday. Gillham to Coast Robert Gillham, Paramount adver- tising and publicity head, left for Hollywood by air Saturday night. He will limit his stay on the coast to 10 days. Get Buffalo Franchise The World Wide franchise for Buf- falo has been awarded to Hollywood Pictures. This also includes Albany londay, December 10, 1934 MOTION PICTURE DAILY tKO Plan Awaits Dourt Claims Action (Continued from page 1) plan for removing Orpheum from ankruptcv will also speed completion t an RKO plan. Former Judge Thomas D. Thacher, ho was appointed special master to ear claims filed against RKO, con- iuded the rearings months ago, but p to now has made no report to the ederal District court on the expung- ig, reduction or allowing of claims. : is expected that Thacher's report ill be submitted within the next few eeks and will be a complete report ii all claims filed. About $38,000,000 in claims were led against RKO, including a Rocke- >ller Center claim for $15,000,000 for ;nt defaults on Radio City theatres nd office space and a lease provision verifying that RKO would pay con- xuction costs of the theatres in the i-ent of a rent default. It is expected lat this claim will be drastically re- uced bv the court. Other claims for ;nt and lease guarantees aggregated 17,400,000 and many of these are also . NO. 137 NEW YORK, TUESDAY, DECEMBER 11, 1934 TEN CENTS FWC Parleys End; Skouras Pact Closer Expect Operating Deal Signed Shortly Conferences relating to the opera- ion of Fox West Coast under reor- ;anization plans ended late yester- ay when Spyros and Charles Skour- s met with Chase National and Fox ttkials at the Fox home office. De- ails of the joint 10-year contract >etween the Skouras brothers and Cational Theatres were straightened iut and contracts are slated to be igned within the next few days. The operating pact provides for a lat salary and a percentage of the irofits. Charles Skouras and Ed- ward Zabel are scheduled to leave or the coast the end of the week and (Continued on page 7) Reade Will Reopen Astor with "Babes" Walter Reade will reopen the Astor □morrow night with "Babes in Toy- and" at popular prices, making the econd first run for Reade on Broad- way. He also has the Mayfair. Reade and Nicholas M. Schenck greed late last week to cancel the 0-year lease M-G-M held, the under- (Continued on page 6) California's Solons Worry For Industry EPIC Assemblymen Are 27; They're Active San Francisco, Dec. 10. — Heads of the theatre industry here are warily watching maneuvers of clashing po- litical forces, many of which are drawing their battle lines in the north preparatory to the convening of the new California legislature Jan. 7. Upton Sinclair was defeated for governor, but his famous EPIC plan gave him nearly 900,000 votes for the governorship, 250,000 behind the suc- cessful incumbent, Frank F. Merriam. It also elected 27 EPIC assemblymen and tied strings to some 11 more state {Continued on page 6) It's Col. Rubinoff Cincinnati, Dec. 10. — The latest additions to the ever- growing list of Kentucky colonels include Dave Rubi- noff, who came here to act as guest conductor of the Cin- cinnati Symphony Orchestra, and Theodore Hahn, local mu- sician, conductor of a 15-piece stage orchestra at the Or- pheum, suburban. The credentials were pre- sented to both men on the Orpheum stage. Operators' Basic Scale to Be Fixed With arrival tomorrow of Compli- ance Director Sol A. Rosenblatt from Washington for conferences with the NRA fact finding commit- (Continued on page 7) Texans Lose Protection Suit by Dallas Decision Dallas, Dec. 10. — R. Z. Glass to- day lost his suit for an injunction to prevent price-fixing and alleged monopoly against Karl Hoblitzelle, Interstate Circuit, Inc. ; R. J. O'Don- nell, Southern Enterprises, Inc. ; Paschall-Texas Theatres, Inc., and Dent Theatres, Inc. Judge W. M. Taylor in the 14th District Court ruled that protection on Class A product for major first (Continued on page 8) Circuits Take Over Standard Oil Schedule Will Book Acts as Part Of Regular Shows Standard Oil of New Jersey con- cludes its free show exploitation stunt as of today under an agreement reached with circuit representatives and M.P.P.D.A. officials by which, RKO, Warner, Loew's and Paramount theatres assume the contracts for talent entered into by Standard Oil and book the acts as added attrac- tions on play dates and in cities cor- responding to the original itinerary mapped out by the oil company. Standard Oil's free, touring show, headed by Guy Lombardo and his or- chestra, was billed by the company as "The Esso Marketers," but that designation will be dropped immedi- ately, with the cast going into the cir- cuits' houses at regular admissions and (Continued on page 6) Quick Trial Asked On Cleveland Duals Cleveland, Dec. 10. — An immediate trial is to be asked for the injunction suit filed by Max Lefkowich of the University against the Alhambra (Continued on page 7) "Improved Position on All Fronts*' Is Foreseen by ! Hays for 1935; Kent Finds "Misgivings" Fewer By WILL H. HAYS President. M. P. P. D. A. From all signs the industry ad- ances into the new year with an im- proved position on all fronts. Theatre a t- ten dance has been on an up- ward curve. Product has held up to early expectations. The public re- sponse to better pictures, organ- ized through many sources, has been grati- fying. Business progress and food management brings near the (Continued on page 2) By SIDNEY R. KENT President, Fox Film The industry today is facing the future with fewer misgivings than at any time in the last four years. Having put its house in better order, both fi- nancially and artistically, the industry now is devoting its en- tire energy to the work of producing en- tertainment which always has been the primary objec- tive. When it strayed away from this (Continued on page 2) By DARRYL F. ZANUCK Vice-President, 20th Century Hollywood, Dec. 10. — In entering 1935 the industry finds itself in a posi- tion quite differ- ent from preced- ing years, in that it knows what it wants and where it is going. Last year was notable in that production started a trend away from mass production to- ward the con- centration b y producers on a more limited out- put. In other words, they have begun (Continued on page 2) By W. RAY JOHNSTON President, Monogram A recent trip over the United States, visiting most of the key cities of the country and talking with hundreds of ex- hibitors, leads me to believe that we may ex- pect a real step forward in the industry during 1935. Our own experience a s distributors in- dicates that this movement is well under way, our sales for the first five months of the current season being 81 per cent (Continued on page 2) MOTION PICTURE DAILY Tuesday, December II, 193 MOTION PICTURE DAILY (Registered U. S. Patent Office) Vol. 36 December 11, 1934 No. 137 Martin Quigley Editor-in-Chief and Publisher MAURICE KANN Editor JAMES A. CRON Advertising Manager Published daily except Sunday and holi- days by Motion Picture Daily, Inc., sub- sidiary of Quigley Publications, Inc., Martin Quigley, President; Colvin Brown, Vice-President and Treasurer. Publication Office: 1790 Broadway, New York. Telephone Circle 7-3100. Cable ad- dress "Quigpubco, New York." All con- tents copyrighted 1934 by Motion Picture Daily, Inc. Address all correspondence to the New York Office. Other Quigley pub- lications: MOTION PICTURE HERALD, BETTER THEATRES, THE MOTION PICTURE ALMANAC and THE CHI- CAGOAN. Hollywood Bureau: Postal Union Life Building, Vine and Yucca Streets, Victor M. Shapiro, Manager; Chicago Bureau: 407 South Dearborn Street, Edwin S. Clif- ford, Manager; London Bureau: Remo House, 310 Regent St., London, W. 1, Bruce Allan, Representative. Cable address: "Ouigpubco, London"; Berlin Bureau: Berlin - Tempelhof , Kaiserin - Augustastrasse 28, Joachim K. Rutenberg, Representative; Paris Bureau: 19, Rue de la Cour-des- Noues, Pierre Autre, Representative; Rome Bureau: Viale Gorizia, Vittorio Malpassuti, Representative; Sydney Bureau: 102 Sus- sex Street, Cliff Holt, Representative; Mex- ico City Bureau: Apartado 269, James Lockhart, Representative; Glasgow Bureau: 86 Dundrennan Road, G. Holmes, Repre- sentative; Budapest Bureau: 3, Kaplar-u, Budapest, II, Endre Hevesi, Representa- tive; Moscow Bureau: Civtzev Vrazhek, N. 25, Apart. 146, Moscow, U. S. S. R., Bella Kashin, Representative. Cable ad- dress: "Samrod, Moscow." Entered as second class matter, January 4 1926, at the Post Office at New York City, N. Y., under Act of March 3, 1879. Subscription rates per year: $6 in the Americas, except Canada $15 and foreign $12. Single copies: 10 cents. Set Staten Island Pool Contracts have been signed within the last few days between Harry Shi ff man and Paramount officials af- firming the temporary pooling deal on Staten Island. On Sept. 1, Shiff- man pooled his seven theatres with the Paramount, St. George, on a 10- year arrangement, but the contracts were not signed until late last week. Harry C. Arthur Back Harry C. Arthur of F. & M. re- turned from St. Louis yesterday after installing stage shows at the Ambas- sador. No changes of prices have been made with addition of presentations, the 25-35-55 cents scale being main- tained as heretofore. Weiser in Newark Park Newark, Dec. 10. — Murray Weis- er is managing the Park for J. Louis Geller. He was formerly identified with several independent circuits in New York. "Gambling" Gets $7,900 "Gambling" at the Mayfair last week garnered $7,900 and was suc- ceeded last night by "Hell in the Heavens." Schenck Returns Soon Nicholas M. Schenck, president of Loew's and M-G-M, is due to return from the coast the end of the week. Hays, Kent, Johnston and Zanuck Cheery Over '35 By WILL H. HAYS {Continued from page 1) permanent reorganization of leading factors now operating under receiver- ship. The steady growth of self-regula- tion in the industry is attested by pop- ular reaction to pictures that meet the strictest provisions of our Production Code. The trade relations of the industry have been improved by the machinery set up for the orderly solution of trade problems and trade disputes. Higher standards of public accept- ance have made possible the success of pictures based on themes and treat- ments hitherto considered outside the field of popular entertainment. Early production plans for the new year indicate a progressively higher standard of entertainment appeal. I have faith in the progressively higher public appreciation of the finest type of pictures. Eternal vigilance is an essential ele- ment in this as in all other progress. The industry is judged by its mistakes as well as by its achievements. The sincerity of our uurpose is reflected from the screen, and only on the screen is our answer to the constant challenge to a higher service and a greater success. By W. RAY JOHNSTON (Continued from page 1) ahead of last year on an equal number of pictures. The large sums of money being expended by the government in relief work of various natures has put more money into the hands of people and therefore has increased the num- ber of people attending the theatres. One of the big problems to be straightened out before the industry can feel secure in making too exten- sive plans for 1935-36 is the adjust- ment of the patent situation. The Legion of Decency campaign has undoubtedly done much to im- prove the moral tone of pictures which, in turn, has improved the grosses at the box-office. By DARRYL F. ZANUCK (Continued from pane 1) to realize that pictures must be "made" rather than merely "turned out." The coming year will see this trend carried toward its logical conclusion. The mass system will bog down fur- ther and individual production will be carried nearer to perfection. At 20th Century we have completely converted our organization to this production system, and in the coming year will be in a better position than ever toward building individual productions. When bigger pictures are made box- office returns naturally rise. In pre- dicting more big pictures, therefore, I feel justified in foreseeing bigger grosses for the coming year. I am confident that economic condi- tions for the country as a whole will improve in 1935, which will also make for better returns from films. For those reasons the industry can. in my sincerest opinion, look forward to 1935 as a year of progress along a path that is definitely marked. By SIDNEY R. KENT (Continued from page 1) point of view and lost sight of the rightful demands of the public for high grade entertainment, theatre grosses suffered, which in turn af- fected production. If general conditions improve we shall make steady progress forward, and 1935 should be a good year. Al Suchman Returns Al Suchman, booker for Consoli- dated, returned to his desk yesterday after an attack of the flu which kept him in bed for 10 days. He is still weak, but much improved. Skouras Managers Meet Long Island managers of the Skouras circuit yesterday held their regular weekly meeting at the home office and discussed bookings for the holidays. Issues Fairly Steady on Big Board High Low Close Columbia Pictures, vtc 3834 3954 39J4 Consolidated Film Industries 454 4% 4% Consolidated Film Industries, pfd 18% 1854 1854 Eastman Kodak 11254 11154 11254 Eastman Kodak, pfd 14254. 14254 14254 Fox Film "A" 13% 1354 13% Loew's, Inc 36J4 3654 3654 Loew's. Inc.. pfd 10454 10454 10454 Paramount Publix 354 2% 3% Pathe Exchange 154 1 1% Pathe Exchange "A" 14 13% 14 RKO 254 2 2 Warner Bros 4% 434 434 Warner Bros., pfd 2354 2234 23 Net Change - 54 - 54 + Vs + 54 - 54 + 54 + 54 - 54 Technicolor Up Eighth on Curb Technicolor Net High Low Close Change . 1334 13% 1334 + % RKO Bonds Drop 2J/2 Points General Theatre Equipment 6s '40 General Theatre Equipment 6s '40, ctf. Loew's 6s '41, ww deb rights Paramount Broadway 554s '51 Paramount F. L. 6s '47 Paramount Publix 554s '50 RKO 6s '41, pp Warner Bros. 6s '39, wd High . 9% . 834 .1045^ Low Close 62 62 34 60% 834 10454 4334 62 62 34 60 834 10434 4334 62 62 34 6054 Net Change - % + 54 + 54 + 54 —254 -54 Sales 300 400 1,100 1.100 1.000 900 9,800 200 13,400 600 200 2.700 2.700 6.000 Sales 200 Sales 20 1 9 13 5 5 1 11 No Estimate Given U pon Film Pledge No accurate number of Catholic in Greater New York who took t':| Legion of Decency pledge at maj Sunday could be given yesterday the cardinal's office. It was said th? it would be several days before su'j a statement could be given out. At St. Patrick's Cathedral, howeve it was estimated that some 12,000 pe sons attended services Sunday at bound themselves to the pledge. At many churches, on the oth hand, the parishioners were give written pledges and asked to sign the during the week, returning them the church next Sunday. Throughout the country a simil program was launched from pulpi in an effort to band together Zi 000,000 Catholics in a permanent o ganization to campaign for clean filri Seating Co. Net at $95,579, 9 Month The American Seating Co.'s repo for the nine months ended Sept. showed a consolidated profit of $" 579 after depreciation, interest ai other charges, but before Federal i come taxes. The report for the co responding neriod last year showed loss of $64,143. For the quarter ending Sept. 3D t report showed a profit, based on s and nine months' reports, of $216,3 before taxes, against a net loss $39,474 in the preceding quarter ai a profit of $184,604 before taxes the third quarter of 1933. M'Naughtons Found Dei Circuit men yesterday were shock by news of the death of Willard MacNaughton and his wife, who we found dead at their home in Hem stead, L. I. MacXaughton was ma ager of Skouras' Hempstead theati Four gas jets were found open wh the bodies were found by the polic indicating suicide. Mrs. MacNaug ton had been ill for some time. Albert Shultz Buried Staunton, Va., Dec. 10. — Funei services were held yesterday for bert Shultz, pioneer exhibitor, w died Friday. His widow, a son a a sister survive. Snaper in Allied Charg Dave Snaper will preside today the meeting of Allied of N. J. S ney Samuelson is in New Orl for the Allied directors' meeting Sloane on Way East Hollywood, Dec. 10- — Paul Sloa director, is en route to New York business. GRAND OPENING TONIGHT 3lark ICgnttH 1 02 West 50+h Street MEETING PLACE OF THE INDUSTR' where old friends meet the nev where fragrant memories of an er gone, come back to spend their hour By The Author of MAIN STREET masterpiece of American literature N. Y. POST tere never before was really [ICAGO DAILY NEWS a book like 1H: • By The Author of MAIN sTBS5ET * i • 1 • || II should spell hit at any box-off ice -variety d ail\ The Author of MAIN STREET I wish that I could have written H. G. WELLS h The Author '. 'I, ;§v- of MAIN STREET TheByhor Starring ALINE MacM AHON • GUY KIBBE1 Cof MAIN STREET Directed by William Keighley. A First National Picture. Vilagraph, Inc., Distributor: THE TREASURED CHRISTMAS GIFT TO MILLIONS OF PATRONS OF HUNDREDS OF KEY CITY THEATRES r MOTION PICTURE DAILY Tuesday, December II, I934 Circuits Take Over Standard Oil Schedule (Continued from page 1) with the same billing that the usual stage attractions receive. The Stand- ard Oil bookings taken over by the circuits run for about 12 weeks, be- ginning with the Schenectady engage- ment tonight which is being taken over by the RKO Proctor. The sub- sequent bookings for which dates had already been set by Standard Oil will be assumed by the following theatres : Dec. 12, Albany, RKO Palace; Dec. 13, Syracuse, Loew's State; Dec. 14, Rochester, Loew's Palace; Dec. 15, Buffalo, Para- mount's Hippodrome and Great Lakes ; Dec. 17, Erie, Warners' Warner; Dec. 18 and 19, Pittsburgh, Warners' Stanley and Loew's Penn ; Dec. 20, Wheeling, Capitol (Warner- Paramount) ; Dec. 21, Parkersburg, W. Va., Warners' Virginia, and Dec. 26, White Plains' booking, to be assumed jointly by Loew's and RKO. The as yet undated bookings and the circuits which will assume them are: Phila- delphia, two nights, Warners ; Baltimore, Warners and Loew's jointly ; Washington, Warners, Loew's and RKO; Richmond, Loew's; Norfolk, Loew's; Wilmington, Warners and Loew's ; Trenton, RKO ; Raleigh, Paramount ; Charlotte, Paramount and Warners ; Columbia, Paramount ; Mem- phis, Loew's and Warners ; Chattanooga, Paramount; Little Rock, Paramount; Shreveport, Paramount ; New Orleans, two nights, Paramount, Loew's and RKO ; Har- risburg, Pa., Loew's; Nashville, Paramount and Loew's; Newark, three nights, Loew's. RKO, Warners and Paramount. Playing to Capacity The Standard Oil troupe opened Dec. 1 in New Haven and subsequent- ly played Boston, Hartford, Concord, Providence and Springfield. With the bearer of a driver's license or auto- mobile ownership certificate admitted free, the show played to capacity at each appearance despite the fact that local newspapers uniformly ignored the stunt. The tour was regarded by exhibitors as unfair competition, in- jurious to the established theatre and establishing a dangerous precedent. J. C. Donan, advertising manager of Standard Oil of N. J., and W. H. Snyder, assistant, represented the oil company in the meetings with repre- sentatives of Loew's, Warner, RKO and Paramount at the Hays office which resulted in the agreement. Joint committees named last week by Charles L. O'Reilly, chairman of MOTION PICTURE DAILY* HOLLYWOOD PREVIEW "Little Minister" (Radio) Hollywood, Dec. 10. — This is a beautiful translation of James Earrie's novel and play, artistically photographed by Henry Gerrard and depicting the lives of plain folks in a small Scotland village during the period of 1840 when religion dominated. Good judgment was exercised in surrounding Katharine Hepburn with a capable cast such as John Beal, a newcomer ; Alan Hale, Donald Crisp, Lumsden Hare, Andy Clyde, Beryl Mercer, Reginald Denny and others. Richard Wallace's direction is very effective, bringing forth splendid characterizations without losing the thread of the story forcefully tell- ing the trials of the young minister (Beal) who comes to the small, religiously bigoted town with his loving mother (Miss Mercer) and is caught in the web of romance with Miss Hepburn, notoriously sus- pected because of her gypsy lineage. The conflict between love and the church is well handled until the final clinch, when, to the satisfaction oi the community, it is found that Miss Hepburn has been misjudged and all is forgiven. There is sincerity in which Beal and Miss Hepburn, as well as the balance of the cast, command the appreciation of the audience because of the delicate, tense, dramatic tempo carried throughout. There are times when much dialogue is misunderstood because of the forced Scot- tish accent, but this is overbalanced by forceful acting. Strength in the cast names, with Beal matching Miss Hepburn's stride, plus the sock quality of the well-known story, make available exceptional interest-creating exploitation, popularizing the yarn's con- flict between love and duty. Production Code Seal No. 480. Running time, 110 minutes. "G." "Limehouse Blues," last night's preview at the Rialto, was covered by wire from Hollywood on Oct. 31. Code Authority's committee on unfair competition, will continue their work in the interests of discouraging a re- currence of the free show stunt despite the agreement with Standard Oil. Music Tax Up in Buffalo Buffalo, Dec. 10. — Legislation to regulate collection of the music tax will be considered by the Buffalo zone, unit of M.P.T.O., tomorrow afternoon. A Federal commission to establish fair and reasonable rates probably will be sought, Jules H. Michael, chairman, said. Michael charged that under the present arrangement, A.S.C.A.P. asks individual exhibitors to sign contracts agreeing to abide by rates to be estab- lished later, virtually constituting a blind contract. Exceptionally Fine For Holiday Bookings Real Headline Attractions "JACK AND THE BEANSTALK" "ALADDIN AND WONDERFUL LAMP" "THE QUEEN OF HEARTS" "THE HEADLESS HORSEMAN" "DON PUIXOTE" CELEBRITY PRODUCTIONS, Inc., 723 7th Ave., New York City "THE BRAVE TIN SOLDIER" "THE LITTLE RED HEN" "PUSS IN BOOTS" "VALIANT TAILOR" "JACK FROST" Reade Will Reopen Astor With "Babes" (Continued from page 1) standing being M-G-M can again lease the theatre for individual at- tractions when they come along. The negotiations were closed over long distance telephone, Schenck being in Hollywood. Definite scale of admissions was not set up by late last night. Neither was the next attraction, but it is under- stood that some of the pictures bought for the Mayfair will be booked into the Astor. Having already bought "Gambling" and "Hell in the Heavens" from Fox on individual contracts since cancella- tion of a previous deal, Reade added a third picture from this cojnpany to the list yesterday with the dating of "Helldorado" for the Mayfair. He also has bought "I Sell Anything" and "I Am a Thief" from Warners. With the debut of the Astor, this makes 10 popular-priced film houses along the Main Stem, not including the Palace, which occasionally departs from its second run policy. The other nine houses are the Capitol, Strand, Roxy, Mayfair, Paramount, Rialto, Music Hall, Criterion and Gaiety. Reade may give up the Astor for legitimate shows, provided a suitable leasing deal can be made. May Postpone "Yale" Hollywood, Dec. 10. — Unless a leading woman can be found for "Hold 'Em Yale" within a week the picture will be assigned to another producer, as Charles R. Rogers has all commitments signed with actors to start "Macfadden's Flats" Jan. 7. California's Solons Worry For Industry (.Continued from page 1) officials who sought and accepted EPIC support in the election. Outstanding in the preliminary moves are the efforts of the EPIC forces in circulating here a petition to the legislature demanding that 25 per cent of the $24,000,000 relief bond issue, passed at the last election, be utilized in a program of "production for use," which was the main princi- ple in Sinclair's EPIC program. If their plan succeeds, many thousands of unemployed Californians will be put to work in the present unused facto- ries, shops and farms producing and distributing among themselves neces- sities of life, principally food and clothing. Sinclair announced during the cam- paign that he hoped his plan could progress to the point where unem- ployed actors, directors, technicians and other unemployed film workers | could take over idle plants, exchanges • and theatres and thus produce, dis- tribute and exhibit entertainment for themselves, arguing that few of the unemployed now have the money to | buy theatre tickets. Fear Taxes Against Industry But what particularly concerns the industry here is the fear that the Sin- clair bloc which has to secure only 14 votes in the legislature to control the new session may start a program of taxation levied against the industry. There is no question but that the bloc will strenuously attempt to have en- acted a steep state income tax. There will also be attempts made, it is be- lieved, to tax corporations on their net profits, the tax to be paid in goods and services, which idea was also em- bodied in the EPIC plan. This would also affect the industry. Sinclair in the last days before the general election suddenly started a campaign against block booking and "blind buying" and offered his services to the industry heads, but was turned down with a smack. Theatrical wise- acres here therefore believe that block booking and "blind buying" will be an issue before the coming legislature. It is recalled that Sinclair is the author of "Upton Sinclair Presents William Fox" and has come into pos- session of many trade secrets and has aligned himself with certain elements in and recently out of the industry. That Sinclair forces, even in de- feat, will carry on as if the Demo- cratic party standard bearer had been elected, is taken for granted by those j close to the situation. Hulda McGinn of this city, secre- tary-manager of the California The- atre Ass'n., will represent the indus-' try at the session. Flash Reviews 'Neath Arizona Skies — . . . shoulc satisfy audiences that go for westerr thrillers. . . . The Czar Wants to Sleep — . moderately diverting production . one of the few Soviet pictures de- vised primarily for entertainment. . . These films will be reviewed in full in later issue of Motion Picture Daily. Tuesday, December II, 1934 MOTION PICTURE DAILY FWC Parleys End; Skouras Pact Closer Operators' Basic Scale to Be Fixed {Continued from page 1) Spyros plans to leave the end of the month. Furthering the plan to reorganize its subsidiaries, National Theatres has formed new corporations for Fox Rocky Mountain and Fox Midwest. They will be taken out of bankruptcy after the first of the year. Associ- ated Amusements, Inc., has been formed in Dover, to replace Fox Rocky Mountain, and it is likely Rick Ricketson will be named presi- dent. Fox Midcontinent is the new cor- poration formed at Dover for Fox Midwest. It is probable Elmer C. Rhoden will be named president. Frank C. Newman is head of Ever- green States Amusement Co., which some time ago took over the Pacific Northwest houses. Cincy Players Quit Rubinoff's Concert Cincinnati, Dec. 10. — Approxi- mately 20 musicians of the Cincinnati Symphony Orchestra walked out on Rubinoff at a concert in Music Hall Saturday night in which the radio violinist was guest conductor. They participated in the first part of the concert directed by Eugene Goosens, regular conductor, but refused to re- turn to their posts for the second part directed by Rubinoff. Cause of the walkout is said to have been the result of dissension in the Musicians' Ass'n. over the policy of the special concert, musical snobbery on the part of certain musicians who resented playing under Rubinoff's direction, and resentment of others over the "ballyhooing" of the concert. (Continued from page 1) tee, a basic wage scale for operators in this territory will be definitely set. It is estimated that $90,000 a week is spent for booth operation of 516 independent and circuit houses now open in this city. Approximately 2,- 500 men are employed in the the- atres. Delaware-Maryland Zoning Up for Talk Harrington, Del., Dec. 10. — The zoning situation will be discussed at a meeting of the I.M.P.O.A. of Dela- ware and the Eastern Shore of Mary- land here next Thursday. A. Joseph DeFiore, manager of the Park, Wil- mington, and president of the organi- zation, will preside. Exhibitors in lower Delaware and sections of the Eastern Shore of Mary- land believe the 10-day clearance held by Wilmington and Washington is un- just. They base their claim on the fact that their sections are not in com- petition with these two cities. Legis- lative action at Dover, Del., and Annapolis, Md., also will be discussed. Quick Trial Asked On Cleveland Duals (Continued from page 1) Theatre Co. seeking a permanent in- junction against duals in the Alham- bra. Depositions have been taken. The point at issue is whether the new owners of the house are bound by the agreement signed by their prede- cessors. Conspiracy Charge Going Up to Campi Conspiracy complaint of Frank Somarelli of the Royal, Port Jervis, N. Y., against Vitagraph, M-G-M, Paramount, United Artists and Fox, scheduled for hearing today before the New York grievance board, will be certified to Campi for action. Conspiracy cases are not within the province of local boards and are either dismissed or referred to Code Au- thority. Two overbuying cases, however, will be heard. They are : Community, Queens Village, against Queens, Queens Village, and the Roosevelt, Beacon, N. Y., against the Beacon, same city. Mrs. Fox Is Witness Mrs. William Fox testified yester- day against Maurice Monnier, being tried in Brooklyn for the second time for an alleged attempt at extortion. The jury could not agree at the first trial. Rothafel in Wilmington Wilmington, Dec. 10. — S. L. Roth- afel will address members of the Wil- mington Advertising Club at a meet- ing here Thursday. Roxy's address will be heard over WDEL. 1st Div. Gets Mat Film First Division has acquired distri bution rights to films of the cham- pionship wrestling match held at Madison Square Garden last night between Jim Londos and Dick Shikat. Four Appeals Heard By Campi Committee Four appeals were heard yester- day by a Campi committee consist- ing of J. J. Unger of Paramount and Henry Sussman, independent exhibitor. They were : Didsbury Theatre, Walden, N. Y., against Broadway, Newburgh, N. Y., on clearance and zoning ; Gerald Hardy, Hardy's Fresno, Fresno, Cal., against Fox West Coast's State Kinema and Wilson, same city, on overbuying ; New Frolic, Jackson- ville, and Universal Exchange, against Ritz, Jacksonville, on re- duced admissions ; Allied Theatres of Oregon, Robert White, against John Hamrick and Oriental, Portland, on giveaways. Samuelson Attacks Code in New Orleans New Orleans, Dec. 10. — Sidney Samuelson opened the Allied direc- tors' session here with a new attack on the code. He predicted affiliated theatres would make an attempt to force 25-cent admissions on independ- ents. Independents can make money on 10 and 20-cent admissions, he said. NOW LOOK AT THAT FACE! HER NAME IS MAR DA DEERING, AND SHE'S ONLY ONE OF THE HEAVENLY GALS IN "NIGHT LIFE OF THE GODS" . . . Lowell Sherman's Universal Lusty Laughing Spectacle! MOTION PICTURE DAILY Tuesday, December II, 193^ 4 Purely Personal ► AT the Tavern around lunch time yesterday : Arthur Lee, Phil Meyer and George Weeks, a threesome; Dick Rowland, a solo turned into a duet by addition of Ben Blumenthal; James A. Fitz- Patrick, on his own, but later stopping to converse with Jack Cohn and Lou Golder. Scattered: A. J. Van Beuren, Charlie Paine, Harry Thomas. Jack Lyons' chop house will go into its grand opening tonight with many notables, including Ex-Governor Smith, among those scheduled to at- tend. Arthur W. Kelly, vice-president in charge of foreign distribution for United Artists, arrives in New York tomorrow after an eight-month world tour. l'v Cresson W. Smith, Radio midwest- ern sales manager, left for Chicago yesterday to confer with Walter Pranson, midwest business manager. Robert Hurel, French producer, arrives today on the Paris, Charles Christie, vice-president of Mitchell Camera Corp., is also on the boat. Booking Changes Are Asked at Car. Meet Charlotte, Dec. 10.— A resolu- tion calling for an amendment of the standard exhibition contract to in- crease the cancellation privilege to 20 per cent and urging an "immedi- ate and thoroughgoing investigation" of A. S. C. A. P. music taxes was adopted here today at the closing session of the convention of the M. P. T. O. of North and South Caro- lina. The association also went on record against tying in of shorts and features and free radio shows and ordered steps taken to clarify the cancellation clause under the code. Ed Kuykendall, M. P. T. O. A. president, urged a fight to the finish on the present block booking system and said the drive for clean films had helped attendance. Saying the indus- try was behind any "sincere" effort to improve pictures, Kuykendall made a plea for tolerance toward the screen. Kuykendall announced the next meeting of the organization would be held the latter part of Feb- ruary in New Orleans. Edward Levy, general counsel of the M. P. T. O. A., said what inter- ests exhibitors most at present are giveaways, compulsory buying of shorts with features, premature ad- vertising and non-theatrical compe- tition. M. A. Schlesinger, South African exhibitor, described methods adopted in South Africa to protect the the- atre man's business. Terry Ram- saye, editor of Motion Picture Her- ald, spoke on "Hearing from the Customers." Charles W. Picquet was re-elected president ; H. R. Berry, first vice- president, and V. P. Stevenson, sec- ond vice-president. The following were named directors : H. F. Kincev, W. H. Hendrix, H. E. Buchanan, j. H. Miller, W. T. Culpepper, J. M. Gregg, M. E. Schnibben, Mrs. Ken- neth Richardson and Albert Sotille. Texans Lose Protection Suit by Dallas Decision Carlisle Elected To Warners Board Wilmington, Dec. 10. — Samuel Carlisle, comptroller of Warner Brothers Pictures, Inc., was elected a new member of the board of direct- ors at the annual meeting here today. He succeeds former Judge John P. Laffey. Four members, Sam E. Morris, Morris Wolf, Stanleigh P. Friedman and Charles S. Guggen- heimer, were reelected. The new di- rectors will serve two-year terms. Regret because of the inability of Laffey to continue on the board was expressed by Abel Cary Thomas, sec- retary and general counsel, and Ivan Culbertson, Wilmington attorney, who presided in the absence of form- er Federal Judge Hugh M. Morris. Laffey had asked that he be relieved because of ill health. Abel Klaw and John E. Krauss, Wilmington inspectors of election, announced 2,382,909 shares had been voted for the new directors. Thomas said that a special meeting will be called soon to merge the Stanley Co. of America with War- ners. In response to questions Thomas stated that there will be no reorganization of the company affect- ing its common stock. A round table discussion of the company's affairs took place during the counting of proxies. Thomas said the company hopes to put on the market a miniature sound projector for home and school use. Speaking of the church campaign for clean pictures, Thomas said the company had encountered difficulties in the archdiocese of Cardinal Dougherty. Other cardinals, he said, had taken a helpful attitude, but Car- dinal Dougherty had refused to as- sume the burden of censorship of any pictures. Roosevelt Calls for Aid in Crime Drive Washington, Dec. 10. — Calling upon all the forces of the nation to cooperate in a campaign against crime, which is taking a huge toll of lives and nrooerty annually, President Franklin D. Roosevelt tonight opened the Attorney General's Conference on Crime. Included among the representatives of the bar, law enforcement agencies, educational and religious organizations and industries which are in a position to aid in the campaign are Carl E. Milliken, secretary, and Gabriel L. Hess, counsel, of the M.P.P.D.A. Milliken, tomorrow, will address the conference, placing before it the suggestions of his organization as to how the industry can cooperate, no"t only in the prevention of crime and apnrehension of criminals but also in educational efforts to improve the character of the coming generation. Temple Prints by Air A tieup with American Airlines for the use of special olanes in distribut- ing "Bright Eyes" went into effect yesterdav when prints of the Fox pic- ture, which stars Shirley Temple, were dispatched by air to 16 key centers. (Continued from page 1) run houses did not prevent indepen- dents from getting the ordinary run of product. Protection is necessary to maintain fair prices for higher class pictures, he decided, and thus se- cured a continuation of product for all theatres and for the public. The judge said he could find no actual proof that the plaintiff would sustain injury as a result of the pro- tection agreement. He also decided that contracts in question were in- terstate commerce and, therefore, not subject to Texas law; also that they were licenses for copyrighted film with the exemptions which the law provides to owners of copyrights. tf Split "Ridiculous, Laemmles Declare Carl Laemmle, Jr., yesterday de- scribed as "perfectly ridiculous" re- ports published in Ed Sullivan's col- umn in the New York Daily Neivs that he bad split with his father and was considering an associate produ- cers' post at M-G-M. Hollywood, Dec. 10. — Carl Laemmle, Sr., today branded as "absolutely ridiculous" the report of a rift be- tween him and his son. Reliance Signs 3 Additional Writers Reliance has signed three new writ- ers. Two of them are Lillian Hell- man, author of the play, "Children', Hour," now current on Broadway,' and David Freedman, former Ziegfel'l publicity man and collaborator with Eddie Cantor on several radio scripts and articles. Miss Hellman is working with Sam Wood on "The Melody Lingers On" and leaves with the director for the coast tomorrow. Freedman is doinp an original. The third writer will] not be announced until contracts have been signed. Negotiations are on with! three other writers. Edward Small, who has been in bed with the flu, was able to walk around yesterday. He plans to leave for Hol- lvwood Thursday. Bettencourt Named Frisco Para. Head J. M. Bettencourt becomes sales manager of the Paramount exchange. San Francisco, with the transfer of George Smith from Cincinnati to managership of the coast branch. J. J. Oulahan, Washington salesman, succeeds Smith in Cincinnati. Vincent Daugherty, accountant in the Washington branch, is now a. salesman at that office while Fred Schrader of the home office takes over Daugherty's former duties at the capital office. The Leading Motion^ Picture Industry MOTION PICTURE DAILY Alert, Intelligent the In in All Branches VOL. 36. NO. 138 NEW YORK, WEDNESDAY, DECEMBER 12, 1934 TEN CENTS WAY PAVED TO ABANDON CODE VIA REVISED NRA Loew, M-G-M Pay Five Men $1,464,009 Five officials of Loew's, Inc., and M-G-M received $1,464,009 in salaries i nd shares of profits during the past 12 months, it was revealed yesterday it the annual meeting of Loew's, Inc., tockholders. Salarv and bonus payments to Nich- »las M. Schenck totaled $219,607; David Bernstein, vice-president and reasurer, received $148,664. J. Robert \ubin, as vice-president of M-G-M, eceived $67,000. Irving Thalberg. vubin and Louis B. Maver received otal salaries of $287,000. and. in addi- ion, the Mayer Co., comprised of hese individuals, received $741,738, as heir share of M-G-M profits under he terms of their contracts, made at he time of the purchase of M-G-M >y Loew's. Rubin presided at yesterday's meet- ng. A regular quarterly dividend of '5 cents per share, payable Dec. 31 o stockholders of record Dec. 21, was oted, and it was also voted to pay an xtra dividend of 75 cents. C. C. Moskowitz was elected a di- ector. Richardson Is Made 1st Div. Executive W. M. Richardson, for many years issociated with Universal, has been lamed district manager for First Di- ision in the south, his territory cover- ng New Orleans, where he will have leadquarters, Charlotte and Atlanta. Richardson will select his own man- ners for the three branches. Recently. First Division bought >ack its franchise from Mike Howard or this territory. Last week, Milton (Continued on page 7) 4. T. & T. Probe Is Delayed for Funds Washington, Dec. 11. — Investiga- ion of the A. T. & T., originally lated to start at the beginning of the ear, cannot get under wav before 7ebruary 1, and then only if Congress (Continued on page 6) Campi Hearing On Conspiracy Case Delayed Conspiracy charges by George Gehring of the Rosewood, Chicago, against all major distributors will be heard by a Campi code committee on Dec. 18, it was decided yesterday. Gehring, in his complaint against Paramount, M-G-M, Fox, U. A., Radio, Columbia, Universal and Warners, charges that the distribu- tors in conjunction with the Essaness circuit are trying to put him out of business. The complainant adds that the distributors are restricting duals and that the Rosewood will be forced to close if he cannot double feature. The complaint was scheduled to be heard yesterday before a commit- tee comprising Edward Golden, Roy L. Haines and Nathan Vingrad. On recommendation of Gehring, the ses- sion was postponed, but not until a little unexpected excitement between Golden and attorneys for Warners, Fox, M-G-M and U. A. I. Levinson, counsel for Warners, agreed to let Golden sit as chairman (Continued on page 7) Delay Hearing Upon U. A. Buying Appeal United Artists refuses to abide by a decision of the Chicago grievance board on 10 per cent cancellations and has appealed a decision of the local board which ordered the company to cancel "Catherine, the Great" at the Egyptian, De Kalb, 111. The local board, after being ordered to rehear the case by Campi, found (Continued on page 7) Indies at N. O. May Join an Allied Unit New Orleans, Dec. 11. — Whether Sidney Samuelson will be able to start a new Allied unit heie probably will be decided after he addresses a meet- ing of exhibitors tomorrow. He will speak upon invitation. The non-Allied men are here in connection with a meeting of Allied (Continued on page 6) Retention Would Be Optional Under Proposed Reorganization Plan for The Recovery Administration the By CLARENCE LINZ Washington, Dec. 11. — Abandonment of the film code was to- day seen made possible under legislation which will be submitted to Congress during the coming session for reorganization of the Na- tional Recovery Administration. Now in the final stages of drafting, the measure is understood to provide only for the retention of Section 7-A, guaranteeing the right of labor to bargain collectively, and the child labor provision with a further stipulation that any codified industry desiring to retain its code may do so and have it enforced by the government as now. Under such a measure, it is held, industries which are dissatisfied with their codes could abandon them, probably by majority vote, while those which desire to have the agreements continued would have the government support in their administration. Few indus- tries, however, it has been pre- dicted, would vote to continue the pacts. While legislation along the lines (Continued on page 7) Deal All Set The agreement either was signed yesterday, or will be today, between the Skourases and National Theatres pro- viding for the former to take over management of Fox West Coast after reorganiza- tion, it is learned on excellent authority. The arrangement is being entered upon on behalf of FWC by Chas National Bank and Fox Film which jointly own the powerful western circuit. Charles Skouras leaves for the coast Saturday. Outline Here Fight For Block Booking Lines of defense in what is antici- pated as a fight for retention of block booking are understood to have been aired at a meeting of national sales managers at the Motion Picture Club on Monday, it was learned yesterday. The majors, through the Hays or- ganization, are reported to have learned from Washington that, in what now is assuming the proportions of a flood of adverse industry legislation, one_ of the measures planned for consideration of the new Congress is a bill designed to eliminate block booking. The meet- ing on Monday was for the purpose of discussing the general situation and to make plans tentatively to oppose the expected legislation. Other conferences may be called later. Agreement Reached On Laboratory Code Washington, Dec. 11. — Agreement on the provisions of the laboratory code was reached today after confer- ences between Deputy Administrator William P. Farnsworth of the NRA and laboratory representatives. Hear- ings on the code were held several months ago. The main feature of the changes made in the agreement, it was said, are the provisions of a maximum working week of 38 hours for night forces, which are to receive the same pay as the 40-hour day workers. This gives the night crews an hourly rate five per cent higher than the day workers. The code is now being prepared for approval. Exchanges Shy Off Protection Dispute Local exchanges are keeping clear of the protection dispute between RKO, Skouras and A. H. Schwartz. Fred Schwartz, son of A. H., has been (Continued on page 7) MOTION PICTURE DAILY Insiders' Outlook 2 MOTION PICTURE DAILY (Registered U. S. Patent Office) Vol. 36 December 12, 1934 No. 138 Martin Quigley Editor-in-Chief and Publisher a MAURICE KANN £ II Editor \ 1 JAMES A. CRON , ■ Advertising Manager Published daily except Sunday and holi- days by Motion Picture Daily, Inc., sub- sidiary of Quigley Publications, Inc., Martin Quigley, President; Colvin Brown, Vice-President and Treasurer. Publication Office: 1790 Broadway, New York. Telephone Circle 7-3100. Cable ad- dress "Quigpubco, New York." All con- tents copyrighted 1934 by Motion Picture Daily, Inc. Address all correspondence to the New York Office. Other Ouicrley pub- lications: MOTION PICTURE HERALD. BETTER THEATRES, THE MOTION PICTURE ALMANAC and THE CHI CAGOAN. Hollywood Bureau: Postal Union Lite Building, Vine and Yucca Streets, Victor M. Shapiro, Manager; Chicago Bureau: 407 South Dearborn Street, Edwin S. Clif- ford, Manager; London Bureau: Remo House, 310 Regent St., London, W. 1, Bruce Allan, Representative. Cable address: "Quigpubco, London"; Berlin Bureau: Berlin - Tempelhof . Kaiserin - Augustastrasse 28, Joachim K. Rutenberg , Representative; Paris Bureau: 19, Rue de la Cour-des- Noues, Pierre Autre, Representative; Rome Bureau: Viale Gorizia, Vittorio Malpassuti. Representative; Sydney Bureau: 102 Sus- sex Street, Cliff Holt, Representative; Mex- ico City Bureau: Apartado 269, James Lockhart, Representative; Glasgow Bureau: 86 Dundrennan Road, G. Holmes, Repre- sentative; Budapest Bureau: 3, Kaplar-u, Budapest, II, Endre Hevesi, Renresenta- tive; Moscow Bureau: Civtzev Vrazhek. N. 25, Apart. 146, Moscow, U. S. S. R., Bella Kashin, Representative. Cable ad- dress: "Samrod, Moscow." Entered as second class matter. January 4. 1926, at the Post Office at New York Citv, N. Y., under Act of March 3, 1879. Subscription rates per year: $6 in the Americas, except Canada $15 and foreign $12. Single copies: 10 cents. Para. Fees Halved By Judge Goddard Federal Judge Henry W. Goddard has allowed the law firm of Root, Clark, Buckner and Valentine $175,- 000 as ad interim fees for services as counsel to the trustees in bankruptcy for Paramount Publix from April. 1933, to June 16, 1934. On this latter date a reorganization petition in bank- ruptcy was filed. The law firm had requested $350,000 and the allowance represents a reduc- tion of 50 per cent. The trustees. Charles D. Hilles, Eugene W. Leake and Charles Richardson, were allowed $32,500 each after requesting $100,000. MacNaughtons Buried Funeral services were held yester- day for Willard C. MacNausrhton and his wife, who committed suicide over the week-end. George Skouras closed the Hempstead and Rivoli in Herno- stead from 2 to 6 P.M. while the court closed at 2 o'clock for the dav in deference to the late manager o' the Hempstead. Morris, Pracht Depart L. J- Morris, owner, and W. L. Pracht, manager of the Arcada, St. Charles, 111., left for home vesterdav after attending a Campi aooeal session involving the theatre. Laurence Rich of Cleveland, renresentine the State. Sanduskv. arrived vesterdav to attend a committee hearing today. "THE Potomac boiled over its *■ banks yesterday. From Wash- ington and over the wires came word of the legislative metamor- phosis through which the Na- tional Recovery Administration may be expected to pass, New Deal style 1934. Long expected and tipped off variously by Don- ald Richberg and others high in the councils of the President, word that changes in NIRA were impending has been anticipated and, like something akin to the movements in the stock market, discounted by this time. . . . ▼ But the nature of the contem- plated changes is another and extremely important story. The legislation, now in the formula- tive stage, will make the matter of codes something for each in- dustry to determine for itself. Provided a given business wants to proceed under code standards, it may. Provided it does not, there is proposed nothing com- pulsory to insist upon its con- tinuance. The right of labor to bargain collectively, outlined in Section 7A, will run on, sans change. The general provisions hitting at child labor likewise will stay. Beyond that, the ad- vance tip has it, there is to be nothing. . . . T "Few industries, it has been predicted, would vote to continue the pacts," reads on the Wash- ington dispatch, detailed on the reverse side of this sheet. Speak- ing for an entire industry is covering considerable ground and so becomes a dangerous pro- cedure. This column would ven- ture to say, however, that, inso- far as the vested interests of this industry are concerned, any vote either way on the code will find the majority opinion opposed. This opinion is ventured on the strength of that which important executives have voiced many times. Privately, mind you, but none the less emphatically. . . . T "The President Vanishes" failed to get off to a better start at the Paramount, the claim ad- vanced for it is, because inde- cision as to booking date allowed only one day for daily newspaper advertising. Not that any punch- es were pulled as to space, cost, etc. Space was plentiful, includ- ing preferred positions like page 2 of the Times and big-splash halves in the afternoon papers to a total cost of $24,000, or very close to it. Impending holidays and the gradually increasing in- tensity in Christmas shopping have left an early mark on gen- eral grosses along Broadway anyway. That means, the circuits are complaining again. . . . T Cautious Nick Schenck is cred- ited with never, not even once, having publicly discussed any Metro attraction prior to release. In California's glorious sunshine the other day, however, the stu- dio chieftains showed him a rough assemblage job of "David Copperfield." Apparently what he saw, persuaded Schenck to make his ironclad rule less iron- clad. He went into a rave and, while that may sound like the usual thing, it goes beyond in this case because Schenck's reputa- tion with his men is that he nev- er kids them or himself on any- thing Metro turns out. From Howard Dietz's cubicle comes word the campaign for "Copper- field" will be the largest in Leo's productive history. To wit: Space in thirty-nine national magazines, circulation 40,000,- Wednesday, December 12, 1934 Light man Acquires Orpheum at Memphis Memphis, Dec. 11. — M. A. Light- man is taking over the Orpheum her<:, effective immediately, on a tentathe partnership arrangement with the Goldberg-Courshon-Solomon interest1 of Chicago, but is expected to take over exclusive control shortly. The deal created a furore here and is regarded by many local him men as presaging a new alignment along Main St. M. A. Lightman currently is in New York. Gaumont's Eastern Staff to Meet Here Arthur A. Lee, vice-president ol Gaumont British, and George W Weeks, general sales manager, will act as hosts to the members of the company's out of town sales force here Sunday at a screening of "The Iror Duke." The territories that will be represented will include Boston, New Haven, Philadelphia, Washington Cleveland, Buffalo and Albany. The picture is set for the Music Hall h January. Cochrane to Return Soon Hollywood, Dec. 11. — R. H. Coch- rane of Universal and Williard S McKay, company counsel, will leave for New York tomorrow after beiny here only three days. Loew Will Sail Dec. 18 Paris, Dec. 11. — Arthur M. Loew sails for New York Dec. 18 and sc will eliminate London from his present trip. 000; billboards, newspapers and 246 — count 'em — tieups. . . . T A. E. Reoch, engineer by train- ing and subsequently a cost slash- er of formidable proportions at RCA Victor, looms more sig- nificantly in RKO affairs these wintry days. His direct duties concern theatre real estate, only he's more in that he enjoys David Sarnoff's complete confidence. While on Radio and correlated matters, the story of J. R. Mc- Donough's current trip east — he arrives here tomorrow' — insists that it has to do with the B pic- tures turned out on the RKO lot. Sarnoff no like and is supposed to be priming questions for Mc- Donough to answer. Most of them are one-word queries: Why? ... T Coast reports, later scotched by Sol Rosenblatt, that he was about to part company with the NRA and had been offered a post as executive assistant to Harry Warner, are not new reports. They were milling around the hectic lobby of the Mayflower in Washington during code formu- lation sessions months back. . . . Herb Yates is apt to be an ex- tremely important factor in Uni- versal again. Very apt and very important. . . . KANN Loew's Drops 2Y8 on Big Board Net High Low Close Change Sales Columbia Pictures, vtc 3954 38 38 — 154 500 Consolidated Film Industries V/s, 454 454 100 Consolidated Film Industries, pfd 1854 1734 1734 — 54 1,000 Eastman Kodak 1 12J4 11154 11154 — 34 1.000 Fox Film "A" 14 1354 1354 — 34 2,000 Loew's, Inc 3634 34'/g 3434 —254 24,500 Loew's, Inc.. pfd 10434 10434 10444 + 54 100 Paramount Publix 354 f/t, 2% — 54 4,600 Pathe Exchange \% 1 1 — 54 1.000 Pathe Exchange "A" 1334 13 13 —1 1,100 RKO 254 134 154 — 54 6,700 Warner Bros *,% 454 454 — 54 2,600 Warner Bros., pfd 23 21 21 —2 26,000 Technicolor Off % on Curb Net ^High Low Close Change Sales Technicolor 1354 1356 135s — 34 600 Paramount Publix Bonds Off V/z Net High Low Close Change Sales General Theatre Equipment 6s '40 834 854 854 — 34 4 General Theatre Equipment 6s '40, ctf 854 834 834 — 34 9 Loew's 6s '41, ww deb rights 10434 10434 10434 8 Paramount Broadwav 554s '51 4334 4334 4334 4 Paramount F. L. 6s '47 62 61^4 6154 — 54 6 Paramount Publix 554s '50 6254 6054 6054 —154 29 Warner Bros. 6s '39, wd 6054 5954 5954—34 8 MIGHTY ! WALLACE BEERY m MIGHTY BARNUM should do one of the great grosses of all time!" — HOLLYWOOD REPORTER MIGHTY a boxoffice triumph! Zanuck hits the bullseye again ! " — showmens round table - MIGHTY lYimni I BARNUM MIGHTY BARNUM MIGHTY BARNUM MIGHTY BARNUM is an ace hit! Should be immense!" — JAY EMANUEL PUBLICATIONS is a showmen's paradise! Unlike anything heretofore shown on the screen!" — motion picture herald is a hit! 20th Century inaugurates its new season with a flourish, as it did last year!" — tos anceles times is the greatest show on earth! The grandest enter- tainment in ages!" — new movie magazine IT'S DARRYL F. ZANUCK'S MIGHTY PRODUCTION presented by JOSEPH M. SCHENCK A D O L P H E MEN JOU Virginia Bruce • Rochelle Hudson • Janet Beecher 20 CENTURY PICTURE TH UNITED ARTISTS °c««uned for 63 - Bro«J northeastern divisional manager on Erpi, left last night on a business tour] of New England. Jack H. Skirball, Educational I sales manager, left by plane for Chi-I cago yesterday to visit the Fox ex-| change and call on his company's ac counts there. Leon Garganoff, producer of "The Battle," will go to the coast to look over production and talent for his next two pictures before returning to France. Ian Hunter, English actor signed by Warners, arrived in town yesterdaj on the Paris and will leave immedi ately for a role in "A Midsummer Night's Dream." William J. Clark and Sol Ed- wards, Educational sales executives are on tours of Fox exchanges. The former will cover the middle west am south ; the latter, the east. W. B. Rayton of Bausch & Lomr will deliver a paper on optical lenses before the S. M. P. E. at its meeting in the Hotel Pennsylvania next Wednesday night. Harry C. Cohen, RKO western di vision manager, received a wrist watch from his branch managers oi his birthday this week. Felix Feist, Honolulu and Holly wood behind him, rates his condition chiefly mental, at about 92 per cent There he proposes keeping it. B. P. Schuleerg, who arrived fron the coast Sunday, expects to spew many of the winter weeks in New York. Zoe Atkins arrived in town yes terday from Universal City to conduc rehearsals for her forthcoming plav "The Old Maid." Adolphe Menjou and Vereei Teasdale are here on a belated honey moon. They plan to be in town abou 10 days. Frank Jacquet, who has been oi the stage for 30 years and has alsc been doing radio sketches, has his firs screen role in "War Is a Racket." Grad Sears and Mrs. S. wall fly ti the coast shortly and then take a boa' to Hawaii. Naturally, a vacation. Mildred Ginsberg is in town fron Hollywood. Husband Henry ma\ come on later. Douglas Fairbanks, Sr., arrivec in town yesterday from the coast by plane on business. Paul Muni, accompanied by Mrs Muni, leaves the coast by boat foi here Saturday, arriving Jan. 1. John Cosentino, special represent ative for Amity Pictures, began midwestern trip j^esterday. Tom Shanley has joined George M. Dallas & Co., certified public ac countants. Paul Sloane hit town from Holly wood yesterday. Boris Petroff heads west the enc of the week. Julius Klein is back from Wash i ington. Al Lichtman has delayed his trii to the coast a few days. THE PICTURE OF THE WEEK • Admittedly preeminent in the production of mysteries, Warner Bros, now take to the air for the fastest action effects they have ever delivered in this type of show. We're inclined to agree with their advertising which recommends that you "keep your eyes on the skies for the greatest thrill on earth" — "MURDER IN THE CLOUDS" starring Lyle Talbot, Ann Dvorak, Gordon Westcott in an expert cast of 14, skill- fully directed by D. Ross Lederman. A First National Picture. Released Dec. 15th. 4 MOTION PICTURE DAILY Thursday, December 13, 1934 Good Music, Clean Comedy, Better Times Seen On Way 1st Div. and Wardour Deal Is Confirmed (Continued from page 1) in the film version of "Mary Read," played the Empress Elizabeth in "Catherine the Great." * # # Fred Bernhard's British circuit, Union Cinemas, Ltd., is to raise $1,- 250,000 extra capital by the issue of 50,000 ordinary, shares of $5 and 200,- 000 $5 seven per cent preference shares. Theatres in the West End of Lon- don remained open until 3 A.M. on the occasion of the wedding of the Duke of Kent and Princess Marina of Greece. Special editions of news reels showing the wedding festivities were shown at all of them, and aeroplane delivery services were organized by the newsreel companies in order that leading provincial theatres should also be able to show the films the same evening. G. B. not only provided the wed- ding film as an extra to all subscrib- ers, but offered a free copy to all exhibitors contracting for Gaumont British News in the future. Frisco Police Probe Production Project San Francisco, Dec. 12. — San Francisco police, the Better Business Bureau and the State Labor Com- missioner's office have investigated the plans of S. A. Hedding1 and Walter Irving to reopen the old Graf studios in San Mateo, it is revealed by Arthur Johnson, attorney for the labor commission. The two men had opened offices in a downtown hotel and announced plans for the launch- ing of a $1,500,000 film production program a few weeks ago. Johnson says the men have disappeared. The Better Business Bureau, the police and the labor commissioner's office were drawn into the case when Bert Russell filed a complaint with the labor commission alleging that he had been offered his pick of jobs if he would invest $1,000 in the venture. Blank Payment Ordered Des Moines, Dec. 12. — Payment of a dividend of 15 per cent to creditors has been ordered by the referee in bankruptcy for A. H. Blank Theatres Corp. The final report of the trustee for the corporation has just been ap- proved, showing $311,150.24 left for distribution to creditors and court costs after payment of preferred claims. Small Party Off Saturday Edward Small, Sam Wood, Lillian Hellman and Louis Weitzenkorn leave for the coast Saturday. Miss Hellman and Weitzenkorn are writ- ers recently signed while Wood will direct two for the company. David Freedman, who will write an original, will remain here. By WINFIELD SHEEHAN (.Continued from page 1) from all nationalities, offer novel, dis- tinct types and compelling, interesting personalities to the film world. The campaign to eliminate certain questionable elements from motion pic- tures will result in 1935 in a marked improvement in the quality of screen- plays through the efforts of producers to maintain a high moral tone and in- creasingly fine quality dialogue in their pictures. I believe new theatre attendance records will be obtained during 1935 as a result of improvement in quality and moral character of moving picture entertainment. Sheehan's Trip Here To Testify in Suit Winfield Sheehan's current trip east is occasioned by his impending en- trance into the witness box in a suit filed by James N. Cleary, Fanny Lurie and Gustave Oppenheimer against Pox Film and Chase National Bank. The trial is now under way before Judge Roseman in the N. Y. Supreme Court and involves financing deals several years old and embracing Fox Film. Most of the defendants are, or were, identified with Chase National Bank, counsel for which is defending the action. Fox to Make uRamona" Hollywood, Dec. 12. — A talking version of Helen Hunt Jackson's "Ramona" has been set at Fox for production early in the spring. John Stone will produce. This will be the third time the picture has been filmed. Mary Pickford made it in 1916 and United Artists produced it as a silent in 1927 with Dolores Del Rio and Warner Baxter. Silverberg Hurt in Fire Detroit. Dec. 12. — Harris Silver- berg, local representative of National Screen Service, suffered a broken leg and other serious injuries when fire destroyed the Kerns Hotel, Lansing, with a heavy death toll. Silverberg leaped from a third-story window. To Set Film Board Slate Final nominations and elections of the New York Film Board of Trade will be held next Wednesday evening at the organization's headquartejs in the Paramount Bldg. All branch managers will attend. Ann Harding to Rest Hollywood. Dec. 12. — Ann Harding will not make another picture for Radio for another six months, having decided to rest up and recuperate from a run down physical condition. No definite vehicle has been lined up. Putnam on the Coast Hollywood, Dec. 12. — George Pal- mer Putnam, New York story head for Paramount, has arrived here for conferences with studio executives. Putnam will be here for about 10 days. By JACK COHN (Continued from page 1) ment, whether great or small, rapid or slow-growing, must inevitably be felt at theatre box-offices and re-echo throughout the entire industry. As nearly as can be determined at this time, I believe American produc- tion for the year will fall into three definite channels : First, the better class of musicals. Second, a type of picture that may- be best described as down-to-earth drama, dealing with the affairs of people to be encountered, or observed in every-day life. This does not imply that either the story, or the locale in which it is enacted should be of a sordid character. Quite the reverse, there will be a definite and quite proper effort to avoid the sordid. Under the third heading should be included a form of out-door story with most of the action in the open, a light romance for background and no great social problem touched upon. More than ever before I think the American people are looking to the screen to provide entertainment. A story unfolded in a sordid or depress- ing atmosphere or having an unhappy ending is no longer hailed as enter- tainment— present hour psychology is against it. Calls It Sound Policy As a matter of fact, the principle in- volved has always been a sound one for guidance in the field of production, but unhappily the industry has all too frequently seen fit to disregard it, pos- sibly due to the influence of the legiti- mate theatre catering to limited hand- picked audiences. Antithetically, the costume picture never will become permanently popu- lar in the United States, and there is no reason to believe that this old estab- lished condition has, or will be changed. This because the type of person seen in costume plays or stories is too foreign, too remote from our own experience. Occasionally the industry has been misled by the popu- larity of some single costume picture, but attempts to accept such individual popularity as indicative of a changing trend and to follow up the production with others has proved disastrous. For reasons somewhat similar grand opera, too, may be dismissed as afford- ing no great promise of motion pic- ture material. Primarily, the majority of opera legends are sordid. A great many of the operas of the standard repertoire with which the world is most familiar end unhappily, and most of them constitute an invitation if not a challenge for the censor to step in and get busy. There is not the slightest reason to anticipate that a public demand exists in this country for this type of entertainment on the screen. Nevertheless, I gravely fear that the industry will plunge into opera production. If it follows, the result will be disastrous, in my opinion. Christmas Party Set The 11th annual Board of Child Welfare Christmas Party will be held at the Capitol Friday morning, Dec. 28, under the auspices of the Board of Child Welfare. Louis K. Sidney, pro- duction head of the theatre, is super- vising the stage show. Wanger Also Up for Para, j Studio Post (Continued from page 1) would become operative if and whe i the rehabilitation plan i.s approved h federal court here, are described ai of an "open mind" on the question. There is a possibility that other candidates may enter the lists, but, as the situation now stands, the choice i will be made between Wanger, one- time general manager of Paramount production, and Schulberg, who alsoj has held that identical post and title.; Wanger Non-Committal Hollywood, Dec. 12. — Commenting on reports that he was being consid ered as a possible production head for Paramount, Walter Wanger said to-! day that at present he is interestec ! only in making six pictures for Para- mount and also interested in seeing Paramount's reorganization success- 1 fully carried out to the best interest: of his setup and all others concerned . No overtures have been made t( him to head production, he said, anc until such are made he can't say wha his decision would be. His second pic \ ture, "Private Worlds," starring Charles Boyer, starts within twc weeks. Royal, Kansas City, Is Dropped by Para Kansas City, Dec. 12. — Afte continuous possession of the Royal fo eight years, Paramount has failed ti renew the lease and has turned th theatre back to the owner. Once Kansas City's ace first rui the Royal has been opened and close several times in the last few year; Dropping the Royal has reduce^ Paramount's one-time string of the atres in this territory to one, th Newman, Kansas City first run. Omaha Men Worry Over a Censor Bil Omaha, Dec. 12. — First of th • feared censorship bills has been coi cocted by an Omaha state represer tative for the coming legislative ses sion at Lincoln, film men have bee; told. Circuit managers and exhib tor groups are scheduled to meet her within two weeks to conclude a pre; gram for combatting legislative mov< toward censorship measures an sales taxes. Warner Men Departint D. E. Griffith, managing direct( for First National in Great Britai departs for London tomorrow aboai the Paris. Ralph Clark, manager fi Warners in Australia and New Ze land, accompanied by his wife and so leaves for the coast today. He w sail for home after a week there. New Coast Agency Holly-wood, Dec. 12. — Mary Bart' formerly in charge of fan magazii contacts at Columbia, has resigned launch an agent's office with her hu band, X. Martin Smith, who was fo merly in the nublic relations field. Thursday, December 13, 1934 MOTION PICTURE DAILY See Voluntary Codes Aim of Government (Continued from page 1) (deliberation with Donald Richberg, executive director of the National Emergency Council, and other ad- visers, and study of the opinion of the U. S. Supreme Court in the first cases involving the XRA to come be- fore it. The opinion of the court will not be rendered until some time in Janu- ary, it is anticipated, so that while the President may be expected to refer to the situation in his message to Congress next month the actual legis- lation will not be submitted until later. Several tentative drafts of the measure have already been prepared by economists, one or more of which will be the basis of the new act. In general, these drafts provide for the retention of the present labor pro- visions of Section 7A, possibly clari- fied for purposes of easier adminis- tration, and the child labor prohibition, but vary in their treatment of trade practice provisions. A belated realization that the U. S. Supreme Court is likely to frown upon the use of compulsion to secure adoption of agreements designed to be voluntary has led high officials of the Administration to a decision to have the codes of fair competition purely cooperative and to abandon "mailed fist" tactics such as are now said to be followed with respect to the to- bacco industry, which has been told to get under a code without further de- lay. Say Some Want Codes Kept That there are a number of indus- tries which would be glad to have the codes abandoned is admitted, but it is declared others are equally anxious that they be continued, although in practically every latter instance it is admitted that changes could be made with direct benefit. Further, it is said, officials fear that the freedom to abandon a code with- out formality would lead to an epi- demic of unrestrained competition, which would nullify whatever gains have been made in the past year. Nevertheless, there is a distinct feeling that where a great majority of an industry dislikes its code it should be relieved. Just how this would be accomplished has not been worked out, but it would probably be by vote, on the basis of number of establishments, production, capital investment, or such other method as would insure fair rep- resentation. In the case of the film code, one branch of the industry could in this way drop its agreement while another branch could continue, because of the fact that each branch of the industry- has, in effect, a separate code, al- though all are in one document. Whether this possibility would eventu- ate, however, is largely dependent upon the form the new act will take. Organized labor will bitterly op- pose any easing of the Industrial Re- covery Act, it was declared today by W illiam Green, president of the A. F. of L. The legislative program of the or- ganization, it was asserted, will in- clude demands for enactment of a 30- hour week law ; passage of an indus- trial disputes act outlawing company unions and continuing the National Labor Relations Board; old age pen- sion and unemployment insurance leg- islation and extension of the Recov- ery Act. In connection with the code law- labor will propose retention of Sec- tion 7A providing for collective bar- gaining, abolition of child labor, elimination of unfair trade practices and equal representation of labor with industry upon code authorities and in the administration of the act. "Labor will oppose any relinquish- ment of governmental supervision and control over the development, appli- cation and administration of industrial codes of fair practice," it was de- clared. New Code Setup Is Outlined by Allied (Continued from paqe 1) his hearers to submit ideas for a sub- stitute pact. The resolution outlined a Code Au- thority on which buyers and sellers would be equally represented, with the former all independents with no af- filiations and the latter all affiliated exhibitors, three government, repre- sentatives to be included in the mem- bership. Under the plan Code Author- ity would investigate unfair charges and make a report on necessary changes within 90 days. Grievance boards of five — two sell- ers, two buyers and a government representative — are called for in the resolution, while the clearance and zoning boards would consist of seven — three sellers, three buyers and one government man. Sidney Samuelson told the directors the annual feature product had been cut down in 12 years from 800 to 350 with a resulting contraction of dis- tributing companies from 25 to eight. He commended the Legion of Deceno campaign. Henry Lazarus delivered an attack on the treatment of New Orleans in- dependents by code boards here and said that John C. Flinn, Code Author ity secretary, should remove the members. There was proposed a new consti- tution calling for a president, a board of directors and all other officers as at present, with all directors to be elected. The proposal also provides for the appointment of an executive committee of three to seven members which w-ould be invested with broad powers. Under the revised constitution the president would appoint the vice-presi- dent and a single meeting a year would be held, with the next one in Wash- ington in January . The new docu- ment must be ratified by each unit. It was revealed at the session a seal would be designed to be placed on the houses of all Allied members in good standing as a means of letting patrons know they are attending independent -.heatres. Fifteen out-of-town exhibitors an- swered the call today for the organiza- tion of a new booking combine, an an- nouncement on which will be made later. Rosenblatt Is Praised In a resolution sent to both Presi- dent Roosevelt and Compliance Direc- tor Sol A. Rosenblatt, Campi ex- presses gratification and appreciation I of the former division administrator. Rosenblatt Drops Dispute on Coast (Continued from paqc 1) again on the matter, he stated yester- day, prior to his departure to Wash- ington after conferring with local cir- cuit and independent leaders and labor officials. "I have never read so many wild stories coming from Hollywood as I did about my trip there," he said. "All sorts of stories have been printed in the coast papers and practically all of them are wet." Rosenblatt plans to be in New York again next week for additional con- ferences on the local labor situation. Commenting on John C. Flinn's in- crease in salary last week, Rosenblatt stated that "it is a meritorious and will deserved increase. I think he de- serves it." Asked about reports which had him slated for a raise, Rosenblatt stated he hadn't heard of a hike in his pay and that salary meant nothing to him while he was working for the NRA. Mier on Own in Mexico Mexico City, Dec. 12. — Felipe Mier, former Warner manager here, has en- tered the distribution field on his own releasing Mexican-made pictures throughout Mexico. His initial re- leases will be the productions made by Jose Bohr, Argentine actor, not unknown to Hollywood, who has turned producer in Mexico City. 5 "Bunk, Fake," Is Comment on Ending Code (Continued from paac 1) :mote me as saying that and nothing else." Apparently upset over the story, he then stated that he should have been queried on the story before it was printed. After his nerves had settled to the point where he could give seri- ous thought to the request for a state- ment, the compliance director added : "While I do not attempt to predict what Congress will do, it will pro- vide for a permanent form of NRA. Certainly a safe conclusion to make is that workable codes will not be dis- turbed and particularly those relating to industries in or affecting interstate commerce, such as the motion picture industry." Executive Secretary John C. Flinn was considerably annoyed over the yarn and refused to give it much credence. He declared it a "lot of bunk" and "a fake." Ann Sothern Re-Signed Hollywood, Dec. 12. — Colum- bia has written a new long term con- tract for Ann Sothern calling for a tilt in salary. CONTRACT THE MARCH of TIME MOTION PICTURE DAILY Thursday, December 13, 193* Loew's Demand May Delay N. H. Action (Continued from page 1) protection and for the past few months has been playing pictures at the Col- lege under the protection objected to by independents. According to the schedule, it was declared, Loew's can- not even play day-and-date. The College, a second run house, is one of the group acquired by Loew's from Poli last year. The local clear- ance board voted against Loew's at the time the schedule was promulgated and the circuit now is taking its fight to Campi. Certain members of Code Authority are prepared to vote Loew's down. This is the only serious kink in the whole schedule. As far as the Kansas City schedule is concerned, a solution to the price war may be evolved today when Campi recommends a seven-day penalty for each reduction of .five cents. This plan, it is believed, will enable theatres pegging prices to benefit on release dates. Otherwise the plan is well in hand as far as Campi is con- cerned. Other issues to be discussed today involve the releasing problem in Chi- cago where distributors refuse to book to independent theatres in the neigh- borhoods 14 days after first run down- town houses : the Leonia, Leonia, clearance complaint against Skouras, Loew's, et al, which has been kicked back and forth between the New York board, Campi and a special clearance committee appointed by Code Authority. Looking 'Em Over "American" Stories Draw Best — Berman Chicago, Dec. 12. — Pandro Ber- man, Radio producer, on his way east with J. R. McDonough to look over some New York stage properties, said during a stopover here that the Amer- ican public wants stories "fundamen- tally American," such as "Little Women." He expressed the belief that "fireside" type of stories will con- tinue popular. Berman added that the American public also wants actors of distinctly American type and that New York audiences are no accurate criterion as to what sort of players the country as a whole is interested in. To bear out his contention he cited Will Rogers. Musicals continue in great demand but the public is becoming more par- ticular, Berman said, who added that films of this kind have to be good and must possess more than music to click. He asserted this is borne in mind by Radio when it produces a musical. Barrie Tale for Hepburn Hollywood, Dec. 12. — Sir James M. Barrie's "Quality Street" has been chosen by Radio as Katharine Hepburn's next vehicle. Einfeld to the Coast S. Charles Einfeld, advertising and publicity director for Warners, leaves for Hollywood Friday. He will be gone a couple of weeks. "U" Signs Jane Dixon Hollywood, Dec. 12. — Jane Dixon, stage player, has been placed under long-term contract by Universal. "The Iron Duke" { Gaumont British ) London, Nov. 30. — The first Gaumont British-Arliss vehicle regis- ters another step up for British production. It is a series of fine spec- tacles linked by a story which ingeniously exploits the human side of a world figure whose humanity has heretofore had to be taken on trust. True, there is very little "iron" in Arliss's duke and students of his tory are unlikely to be thrilled by the spectacle of Arliss as Wellington playing bears with the children, while the battle waits. There is, how- ever, compensation for this and other sops to the sentimental in the finely realistic scenes of the Battle of Waterloo, of the Brussels ball on the eve of the battle, of the many conferences of diplomats and crowned heads and of Wellington's historic speech in the House of Lords in w^hich he warned his countrymen that they would "plunge a knife into the heart of Europe" in insisting on heavy indemnities from France. This scene, on which the picture most effectively fades out, is as good as anything which has come from a British studio; Arliss, as in every scene in which speech rather than action is demanded, is magnificent, and the director, Victor Saville, also reaches his peak. Saville scores heavily in the other scenes mentioned. That famous ball of the Duchess of Richmond, from which the officers stole one by one to rejoin their regiments ; the scene at the Paris Opera after the peace, with one national anthem after another bringing the audience to its feet as the kings arrive ; Wellington's pleas for a magnanimous peace in Tuileries gatherings where everyone else is out for spoils — in these and other historical scenes there is both pageantry and conviction. The battle scenes — without Napoleon — are notable for the reproduction of the charges of the Scots Greys, with Highlanders hanging to their stirrup leathers. There is a two-fold story interest. Wellington is shown as susceptible to feminine hero-worship. His relations with the youthful Lady Frances Webster are exploited by the Duchess of Angouleme, niece of the re- stored Louis XVIII, and the real power behind the throne. She wants to get Wellington out of the way in order that Marshal Ney shall be executed. A London gutter journalist is bribed to publish a scandal story and, while Wellington is in London clearing matters up, Ney is shot. The resultant public outbreaks place the Duchess in Wellington's hands and he compels her retirement and the selection of a new govern- ment. Arliss, once his conception of Wellington is accepted, will please all his admirers. He presents the duke as a rather easy-going, humorously disillusioned and designedly casual figure. The casualness — and the sentimentality — could have been toned down with advantage, but as it stands the portrait is one which only Arliss could achieve. He is at his best in the great historical and legendary moments. There is excellent support from Gladys Cooper as the Duchess of Angouleme, Allan Aynes- worth as Louis XVIII, Edmund Willard as Ney, Franklyn Dyall as Blucher and many others. Photography and sound are both brilliant. "The Iron Duke" looks like good box-office anywhere. Apart from the Arliss appeal it has a spectacular value which sets a new standard in British films, it moves quickly and it has an outstanding climax. Shown at the Tivoli, London. Running time, 90 minutes. Classifica- tion: "G." (British Censor's Certificate: "U.") ALLAN The Czar Wants to Sleep" (Am kino) A satire on czarism, "The Czar Wants to Sleep" is a moderately diverting production from the Belgoskino studios of Russia. It is one of the few Soviet pictures devised primarily for entertainment. The film deals with Paul I. The producers have had a grand time poking fun at the mad Russian monarch. The story revolves around an imaginary character represented to the czar as a flesh-and-blood member of his guard. The fellow is created when it becomes necessary to find someone to blame for waking up Paul. The actual culprit (E. Gar in) is an aide-de-camp who was forced into a shout by a pinch administered by his sweetheart. The czar decrees that the non-existent guardsman be sent to Siberia, but later orders that he be elevated to a major gen- eral. When Paul demands that Kijke, the name of the imaginary guards- man, be brought before him, the perpetrators of the huge joke, to save their own hides, tell him the man is dead. There follows a mock funeral. The final stroke of irony comes when the czar makes Garin a gen- eral. Paul is played by M. Yanshin. The cast is competent. Alexander Feinzimmer directed. Plenty of English titles. No code seal. Running time, 88 minutes. "G."' Fox Met. Plan Put Over for 30 Days (Continued from page 1) plan, but the committee admitted v the court that it had been unable t( draw one. Archibald Palmer, counsel for bond- holders who have not deposited with the committee, and Milton C. Wei man, of Weisman, Quinn, Spett ai - Allan, who claims to represent clain;? totaling $5,778,000, objected to an) further delay. Weisman asked the court for a two-week postponement luring which he was to draw up a plan of his own. The court reminded him that anyone could submit a plan for consideration and adjourned the .Tearing until Jan. 11. Gains in Far East Reported by Kelly (Continued from page 1) booking of the 1933-34 product in ISC theatres in Australia. He said he; made no changes in personnel. In Australia, economic condition;; are improving because of the in- creased demand for wool, which na-jj turally, is reflected in the box-of-i fice. Wheat and dairy products are also in demand, he said. In Indo-China, there is a possibility! of developing super-imposed versions! for theatres because of their seven - day a week operation when there is only enough product now for fouiJ| days a week. No foreign production other than that which was announced previously,] will be undertaken by the company Kelly stated. He added in some ! countries the local branches may take on foreign pictures for their own con- sumption. Europe was not touched | by Kelly on this trip, he stated. Business in Java is bad because the; country is off the gold standard and merchants cannot sell exports to ad- vantage. The picture business has fallen off 50 per cent as a result. In China, the depression was felt in 1932 and this country is now getting the reaction with business off from 30 to 40 per cent, especially in view of the 20 per cent tax on silver. Singapore is picking up and the rub- ber and tin industries have increased^, theatre business by about 15 per cent, Kelly observed. He declared that Japan and Aus- tralia have extremely fine theatres on a par with "B" houses here. "We are getting stiff competition from China and Japan," the U. A. executive said. "Japan has made from 200 to 300 pictures, many of which are silent, for its 1,500 theatres, 400 of which are wired. Each of the) producers makes from 30 to 40 talk- ers annually and most theatres show one sound and one silent picture on the same program." Kelly was given a ivory clock and ink stand by company executives on his return. Casting Shows Continue Hollywood, Dec. 12. — The Central Casting Bureau shows for the purpose of weeding out the registered list is still going on. The extras, in their best costumes, parade before the judges — directors, casters and costume designers — and an audience of about 2,000 sits in a theatre and watches. The final show was staged tonight at the Cathay Circle. ursday, December 13, 1934 MOTION PICTURE DAILY 'One Night" Tops Seattle In 5th Week Seattle, Dec. 12. — "One Night of >ve" made the best comparative owing here despite the fact that it is in its fifth week. It took $4,300. er par bv $300. at the Liberty. "College Rhythm" grabbed $7,100, er the line by $100, at the Fifth ,'enue. Business elsewhere was off. Total first run business was 33,000. ,-erage is $36,500. Estimated takings for the w-eek end- l Dec. 7: "TRANSATLANTIC MERRY-GO- ROUND" (U. A.) BLUE MOUSE— (930). 25c-40c-55c. 7 days, xtended run from Music Hall.) Gross: SOO. (Average, $4,000) "COLLEGE RHYTHM" (Para.) - IFTH AVENUE— (2,450), 25c-40c-55c. 7 vS. Gross: $7,100. (Average. $7,000) "ONE NIGHT OF LOVE" (Col.) IBERTY— (1.800), 15c-25c-35c-50c. 7 days, i week. Gross: $4,300. (Average. $4,000) ■GENTLEMEN ARE BORN" (F. N.) WSIC BOX — (950) . 25c-35c-50c. 7 days, oss: $3,100. (Average. $3,500) ANNE OF GREEN GABLES" (Radio) HUSIC HALL— (2,275), 25c-40c-55c, 7 vs. Gross: $6,000. (Average. $6,500) "ST. LOUIS KID" (Warners) ORPHEUM— (2,350), 25-35c. 7 days, iideville headed bv Six Sakuros. Gross: 400. (Average, $5,500) "PECK'S BAD BOY" (Fox) "MENACE" (Para.) •ARAMOU NT— (3.050), 25c-35c, 5 days, oss: $3,300. (Average, 7 days. $6,000) Jo Increases Near In Ohio — Fishman There is no tendency to increase missions in Ohio, Jesse Fishman, arner theatre division manager, ited yesterday while here to attend o code cases involving the circuit, shman arrived and departed yes- day. ''Industrial conditions in Ohio are termined by the steel business, eveland, Youngstown and Dayton e the steel centers and theatre busi- ss is influenced according to opera- ins of the plants. When the plants e active, theatre business is all right d when some of the plants close, siness falls off," he said. Fishman stated that Nat Wolf, zone anager, is getting along nicely and ill be out of the Mt. Sinai Hospital about two days. He said Wolf is uch improved but staying in the isoital for observation. details of Sennett's English Company Set London, Dec. 4. — Preliminary de- ils of Mack Sennett Prod., Ltd., visage a £350,000 company, made i of five-shilling ordinary shares, of n'ch 200,000 will be allotted to Sen- tt. His agreement also includes a e-year engagement as managing di- ctor at £5,000 per annum. Six fea- res and one special per year are heduled, with a film featuring Scott id Black, the England-Australia "ers, definite. A life insurance policy on Sennett's e, for £250,000. is planned. The >mpany schemes its own distribution id estimates_a profit of £11,000 per m, excluding European and Ameri- n sales, and a £20,000 profit on each iper. No details of directors or date flotation. Dickinson Ordered To End Price Cuts Charged with reducing admissions below stipulated contract provisions. Glen W. Dickinson has been ordered to stop the practice in three instances. On complaint of Clyde B. McAleer of the Orpheum, Parsons, Kan., the Dickinson L^ptown, same city, was found violating the code and ordered to stop. Dickinson appealed on the ground that the complainant was do- ing the same thing, but Campi disre- garded this defense, inasmuch as the complainant's action was no standing in such cases. The other two cases which Dickin- son lost with the same defense are C. A. Schultz, of the Strand, Cres- ton, Iowa, against the Dickinson, same city ; Ritz, Chillicothe, Mo., against Dickinson, same city. Cease and desist orders were handed down in seven other appeals which in- volved bank nights, and other meth- ods tending to reduce admissions : Denham and Ogden, Denver, against Alladin, Rialto, Tabor, Bluebird, Bide-A-Wee and Orpheum, for giving away automobiles ; Lindberg, Kansas City, Mo., against Westport, same city, for admitting children for one Wheatie box top and five cents ; Ori- ental, Indianapolis, against Roosevelt, same city, on country store night ; Vogue, Kenosha, Wis., against But- terfly, same city, for distribution of photographs and other articles ; Tom Steele, Midland, Pittsburgh, Kan., against J. A. Lenski, Cozy, same city, on bank night; W. A. Leucht, Olive. St. Joseph, Mo., against Frank Cassil, Rialto, same city, on bank night ; H. F. Kincey, Colonial, Winston-Salem, N. C, against Ellis Blumenthal, Hol- lywood, same city, for giving away miniature automobiles to children. Temporary Relief in Operator Pay Made (Continued from pane 1) headquarters. Compliance Director Sol A. Rosenblatt and his assistant. Morris Legendre, attended the ses- sions. _ The relief starts immediately and will continue until a final plan is worked out. In the morning circuit heads in- cluding Charles C. Moskowitz, Mar- vin Schenck and Leslie Thompson met with George Browne, president of the I. A. T. S. E.. and his assist- ant, Louis Krouse. At this session several plans were submitted but not acted upon, the understanding being that another be drawn which will be discussed at a subsequent session next week. One of the plans pro- vided for a booth scale based on . ad- missions and seating capacity, An- other schedule provided for the merg- ing of local unions and elimination of picketing. Charles L. O'Reillv, president of the T. O. C. C. and Harry Brandt, president of the I. T. O. A., attended both morning and afternoon sessions. Poster Stamps Spreading Chicago, Dec. 12. — Use of poster stamps seems to be spreading. Stai photos are becoming a vogue as part of the movement, and the latest phase of the stamp collectors' activity is the formation of the National Poster Stamp Society here to assist in col- lection and exchange of poster stamps. The new organization is headed by Leon H. Lewis of this city. Means Asserts Many Favor K. C. Boycott Kansas City, Dec. 12. — The great majority of independent exhibitors here still favor a boycott of distribu- tors whose product is first run at theatres which slash prices to ruinous levels, stated Jay Means, president of the I. T.~0. Means said reports that he was re- sponsible for starting the boycott movement are erroneous. The idea, it is said, originated with no one ex- hibitor, but was the culmination of general resentment over the nrice- cutting at Loew's Midland. The I. T. O. went on record as favoring a boycott on motion of a member other than Means. Definite action was to deoend on support from Fox Midwest, the dominant chain in this territory. Midwest is reported to have rejected the move since participa- tion would affect its contractual obli- gations. Denying that he proposed the boy- cott, Means said he was merely in sympathy with the idea. All plans relating to the boycott are in the hands of a committee. Amendment for New Workers Up Dec. 21 Dec. 21 has been set for a public hearing on an amendment to the code relating to salaries paid new employes. The amendment, in full, states : "No exhibitor shall enter into any agreement, directly or indirectly, for services of any kind usually and cus- tomarily performed by theatre em- ployes directly compensated by exhib- itors unless such agreement provides that no person actually engaged in rendering such service shall be em- ployed under a lower standard than provided for in the code ; provided, however, that this provision shall not apply if the agreement for services was entered into in writing prior to the effective date of this amendment." Detroit Ordinances Hit Detroit, Dec. 12. — -Theatre owners are lining up opposition to two ordi- nances pending before the City Coun- cil. One provides no signs or mar- quees can project over Woodward Ave. after 30 days and the other puts a ban on permits for special banners and signs. "Veil" Pulls $20,000, Big For the Hub Boston, Dec. 12. — Totals held up well after a busy holiday week, with "The Painted Veil" winning top honors, $20,000, at Loew's State. This is $4,000 above average. "Flirtation Walk," with $32,000, at the Metropoli- tan, also grossed $4,000 above par. "Anne of Green Gables" was good for $3,000 above average at Keith's. Advent of colder weather is ex- pected to bring grosses to higher fig- ures next week. Total first run business was $109,- 000. Average is $94,000. Estimated takings for the week end- ing Dec. 6 : "THE CAPTAIN HATES THE SEA" (Col.) BOSTON— (2,900), 25c- 50c, 7 days. Vaude- ville. Gross: $17,500. (Average, $16,000) "IT'S A GIFT" (Para.) "PECK'S BAD BOY" (Fox) FENWAY— (1,800), 30c-50c, 7 days. Gross: $10,500. (Average, $9,000) "ANNE OF GREEN GABLES" (Radio) KEITH'S— (3.500), 25c-65c, 7 days. Gross: $19,000. (Average, $16,000) "THE PAINTED VEIL" (M-G-M) LOEW'S STATE— (3.700), 35c- 50c, 7 days. Gross: $20,000. (Average, $16,000) "FLIRTATION WALK" (F. N.) METROPOLITAN— (4,350), 30c-65c, 7 days. Stage: Ed Lowry, Geo Sidney and revue. Gross: $32,000. (Average, $28,000) "IT'S A GIFT" (Para.) "PECK'S BAD BOY" (Fox) PARAMOUNT— (1,800), 30c-50c, 7 days. Gross: $10,000. (Average, $9,000) Award Kutinsky 73 Features in Queens Victorious in his overbuying com- plaint against the A. H. Schwartz circuit, Morris Kutinsky has been awarded 73 pictures by the New York grievance board. Through Louis Nizer, his attorney, Kutinsky con- tended that Schwartz had bought or tied up all the product for the Queens, Queens Village, L. I., leaving the Community without first run films. Schwartz will appeal. Overbuying charges by the Roose- velt, Beacon, N. Y., against the Bea- con, same city, a Springer & Cocalis house, were dismissed. Exceptionally Fine For Holiday Bookings Z £\ RTOO MS Real Headline Attractions "JACK AND THE BEANSTALK" ' ALADDIN AND WONDERFUL LAMP" "THE QUEEN OF HEARTS" "THE HEADLESS HORSEMAN" "DON QUIXOTE" CELEBRITY PRODUCTIONS, Inc., 723 7th Ave., New York City "THE BRAVE TIN SOLDIER" "THE LITTLE RED HEN" "PUSS IN BOOTS" "VALIANT TAILOR" "JACK FROST" Vanishes' has everything that makes for a bang-up movie . . . laughs, thrills, sus- pense...with a timely and daring theme!'' A Walter Wanger Production Directed by William A. Wellman A Paramount Release ★★★ ★ 'The President Vanishes' remains the most violent, exciting . . . fearful film of this or any other season. For a truly thrilling and intel- ligent evening of rough-riding action, we give it our unqualified recommendation!" — Liberty Magazine Motior Picture Industry MOTION PICTURE DAILY Alert, Intelligent the In in All Branches VOL. 36. NO. 140 NEW YORK, FRIDAY, DECEMBER 14, 1934 TEN CENTS Stable Wages Predicted As New NRA Aim Williams Says This Will End Price-Fixing Need Stabilization of wage levels will liminate the need tor price-fixing in he forthcoming revision of the NRA, leclared S. Clay Williams, chairman if the National Industrial Recovery Doard. here yesterday in a talk before he American Arbitration Ass'n. Wil- iams is successor to Gen. Hugh S. ohnson. Compliance with wage provisions, vhich will be retained in the new CRA, he said, with the guarantee of ollective bargaining, the ban on child abor, regulation of hours of labor nil prevent unfair trade practices. Prevention of the driving of wages lelow a fixed level, Williams said, lad justified both the creation of the (.Continued on page 10) \gain Delay K. C, New Haven Action Kansas City and New Haven clear- nce and zoning schedules were again ut over yesterday by Campi for Lirther study, this time until Dec. 27, .hen Code Authority reconvenes. The .oew situation in New Haven and the rice war disturbance in Kansas City eld up official action on the two lans. Mrs. Claire Boothe Brokaw, second (Continued on page 10) Ihio Sales Tax to End Ticket Impost Columbus. Dec. 13. — Governor ieorge White today signed the three er cent general sales tax bill as a ubstitute for the three per cent state idmission tax. which is thus sus- ended for one year. The sales tax ecomes effective Jan. 1. The I. T. O. of Ohio, through its ecretary, P. J. Wood, and G. W. irdmann of the Cleveland M. P. -xhibitors' Assn'., succeeded in elim- lating the amusement tax, effective an. 1. Toan Crawford Gets New Term Contract Hollywood, Dec. 13. — Joan Craw- Drd's contract with M-G-M has been enewed for a long period. She is cheduled to start work shortly in No More Ladies." "Greatest Period"- Warner ; Th alb erg Says Films Te 11 By HARRY M. WARNER President, Warner Bros. The outlook of Warner Bros, and its affiliated companies for 1935 is optimistic with- aut qualification. The proof of this lies in the fact that we are going to pro- duce more pic- tures than we had planned for the present pro- duction season and that we ex- i A pect to expand F / /7 .- our activities / 3/ . - A still further in 1 * * 1935-36. I think the chief reason why we have weathered (Continued on page 7) By IRVING THALBERG Vice-President, M-G-M Studios Hollywood. Dec. 13. — My predic- tion is that the difference in the gross between good and bad pictures is — and has been for the past four or five years — an ever- widening one. It will continue so to the point where the profits of the in- dustry, and par- ticularly of the exhibitor, will be gauged by the number of good pictures made. I think that the time has now (Continued on page 7) Producer Acts Illegal Under Code — Myers New Orleans, Dec. 13. — Every act done by producers and producer- owned theatres since the code was formulated could be prosecuted under the Sherman anti-trust law, charged Abram F. Myers, Allied general coun- sel, following the meeting of Allied directors here. The film code differs from others, Myers declared, as it confers on Code Authority and its regional boards the power to adjudicate controversies be- tween buyers and between independent theatres and producer-owned theatres. The extraordinary situation is pre- sented, he said, of a judicial power being conferred on a tribunal whereon one party to virtually every contro- versy has nine representatives to one in the Code Authority personnel. The (Continued on page 10) Start Second Report On Operator Scales Members of the NRA fact finding committee, appointed some time ago by Compliance Director Sol A. Rosen- blatt, are now working on a second report, each member to make an in- dividual study of the local booth situa- tion for submission to Rosenblatt. On Wednesday Rosenblatt met with (Continued on page 10) Comerford, Saenger Near To New Setup Two of Paramount's most import- ant theatre affiliations, the Saenger circuit of 47 houses and the Com- erford circuit of 61, moved closer to final adjustment yesterday with the submission of a plan of reorganiza- tion for the former and Federal court approval for a revised financial agreement for the latter. The plan of reorganization for Saenger Theatres and Saenger Real- ty, which includes a five-year operat- ing contract for the circuit with E. V. Richards, was taken under advise- ment by Special Master John E. Joyce following a hearing yesterday. The plan provides for the organiza- tion of a new Saenger company which will issue a like amount of new bonds to the holders of approximately $1,- (Continued on page 7) New Exhibitor Setup Pushed In Talks Here ITOA and Allied Heads Approached on Plan Leaders of the I. T. O. A., Allied of New Jersey and national Allied were approached last week on the plan to form a new national independent ex- hibitor association, divided into Con- gressional districts, with a leader for every congressman. Exhibitor leaders, according to the proposed plan, are to form units within their states, it was learned yesterday. Two local organizations are under- stood in favor of the new exhibitor plan, which also provides for the use of screens to disseminate propaganda. Allied States discussed the plan at the eastern directors' meeting in Atlantic City last summer. Sidney Samuelson at the time would not comment on it. but indicated that the three-point legislative program would be pushed via the Congres- sional route. Allied, at the convention, (Continued on page 7) Pre-Holiday Slump Hits Broadway Hard Box-office grosses along Broadway last week took a nosedive as the pre- holiday slump hit attendance at all the- atres. Second week of "Broadway Bill" at the Music Hall was able to get only $69,300, while the third week of "Imi- tation of Life" at the Roxy garnered $22,000. Ask Allied Owners To Hit Para. Plan A motion that the trustees of Allied Owners Corp., Stephen Callahan, Percival Jackson and William Greve, be instructed to appear in opposition to the Paramount Publix plan of re- organization at the hearing before Federal Judge Alfred C. Coxe, Dec. 27, was made by Archibald Palmer, counsel for Allied bondholders, at a hearing of objections to Allied's own (Continued on page 7) Bank Nights Placed Under Ban in Iowa Des Moines, Dec. 13. — Bank nights and lotteries have been brand- ed as illegal by the state attorney general's office. Declaring bank nights have the three essential elements of consider- ation, chance and prize, Walter Ma- ley, first assistant attorney general, (Continued on page 10) Total N. E. Bombing Damage Is $15,000 Boston, Dec. 13. — Total damage by bombing to four New England the- atres between four and five o'clock yesterday morning, will not exceed $15,000, managers state. By far the (Continued on page 10) MOTION PICTURE DAI LY Friday, December 14, 1934 MOTION PICTURE DAILY (Registered U. S. Patent Office) Vol. 36 December 14, 1934 No. 140 Martin Quigley Editor-in-Chief and Publisher MAURICE KANN Editor JAMES A. CRON Advertising Manager Published daily except Sunday and holi- days by Motion Picture Daily, Inc., sub- sidiary of Quigley Publications, Inc., Martin Quigley, President; Colvin Brown, Vice-President and Treasurer. Publication Office: 1790 Broadway, New York. Telephone Circle 7-3100. Cable ad- dress "Quigpubco, New York." All con- tents copyrighted 1934 by Motion Picture Daily, Inc. Address all correspondence to the New York Office. Other Quigley pub- lications: MOTION PICTURE HERALD, BETTER THEATRES, THE MOTION PICTURE ALMANAC and THE CHI- CAGOAN. Hollywood Bureau: Postal Union Lite Building, Vine and Yucca Streets, Victor M. Shapiro, Manager; Chicago Bureau: 407 South Dearborn Street, Edwin S. Clif- ford, Manager; London Bureau: Remo House, 310 Regent St., London, W. 1, Bruce Allan, Representative. Cable address: "Quigpubco, London"; Berlin Bureau: Berlin - Tempelhof , Kaiserin - Augustastrasse 28, Joachim K. Rutenberg, Representative; Paris Bureau: 19, Rue de la Cour-des- Noues, Pierre Autre, Representative; Rome Bureau: Viale Gorizia, Vittorio Malpassuti, Representative; Sydney Bureau: 102 Sus- sex Street, Cliff Holt, Representative; Mex- ico City Bureau: Apartado 269, James Lockhart, Representative; Glasgow Bureau: 86 Dundrennan Road, G. Holmes, Repre- sentative; Budapest Bureau: 3, Kaplar-u, Budapest, II, Endre Hevesi, Representa- tive; Moscow Bureau: Civtzev Vrazhek, N. 25, Apart. 146, Moscow, U. S. S. R., Bella Kashin, Representative. Cable ad- dress: "Samrod, Moscow." Entered as second class matter, January 4, 1926, at the Post Office at New York City, N. Y., under Act of March 3, 1879. Subscription rates per year: $6 in the Americas, except Canada $15 and foreign $12. Single copies: 10 cents. Insiders' Outlook Johnsons in Boston Boston, Dec. 13. — Along with their new air pictures of Africa, the Mar- tin Johnsons will apear in person at the Tremont Temple Friday and Saturday. They are booked by Aaron Richmond, who has reopened the house. Tickets at Premium With less than 200 of 1,300 tickets left for the annual Ampa Christmas dinner at the Astor next Thursday, there will be no tickets available at the door, Paul Benjamin, chairman of the committee, stated yesterday at the regular meeting of the association. Mary Curtyn to Wed Hollywood, Dec. 13. — Mary Cur- tyn, Harry Brand's assistant at United Artists, is engaged to J. Ar- thur McLoughlin of Illinois. No date has been set for the wedding. Bayonne House Burns Bayonne, N. J., Dec. 13. — The Em- bassy, owned by Seligman and Ulysses, was destroyed by fire yesterday. f2.G00.OOO SPECTACLE OH biatishJalkie FOR RIGHTS AND < BOOKINGS APPLY Eureka Prod. Inc. ,' 723 7th Ave.. N.Y.C. TNTERESTING, very interest- ing, as a prospect to consider in connection with the William Fox Tri-Ergon developments is the possible improvement in sound recording and reproducing which may result from the more or less feverish, behind-the-scenes ac- tivities in the Bell and RCA laboratories at the moment. No longer is it a secret that both have been under orders for some months past to have substitute devices for the flywheel and double print patents in readiness — just in case. . . . T Ideas for filling the orders have been invited and are being re- ceived by the two laboratories from all over the world. They filter through two or three key men in each laboratory. Most of them are worthless and go into the discard. Yet out of the great volume of ideas received and out of the pressure under which the brain men are working, may come not only the usable substi- tute devices which the labs are under orders to deliver by Feb. 1, but also the technical basis of radically new sound equip- ment. . . . T The electrics' contracts stipu- late only that they must supply to their licensees in the event of an unfavorable Supreme Court ruling substitute equipment "as good as" that which would have to be replaced. Sound engineers do not regard this as a difficult assignment, either in the case of the flywheel or the double print- ing system. If the high court decision is unfavorable, substi- tute devices will be ready. There is great confidence on this score. . . . T What is intriguing about the current effort, however, is the possibility, not viewed as vision- ary, that from the present re- search and experiment may come something considerably more sig- nificant and valuable — to the in- dustry as well as to the electrics — than substitute devices which are only "as good as" those they re- place. A single idea driven into the laboratories by the Fox whip- lash on the outside could revolu- tionize sound both in the studio and the theatre for the entire in- dustry. The equipment companies are aware of the opportunity fac- ing them. Their policies are shap- ing themselves accordingly. . . . T T Why do you do the things you sometimes do? You make your living from this industry and, you, therefore, should protect it, guard it from criticism. These are some of the queries which confront us from time to time in order to confound us, the con- fronting and the confounding be- ing advanced by those who pre- fer the perpetual Pollyannas and because, we suppose, they can't take it. Well, Arthur Brisbane, that rising young editorialist, had a birthday on Wednesday. It was a fitting occasion for a lunch at which the veteran newspaper- man found himself discoursing on what is a newspaper. . . . Because, firstly, he makes our stint in this area easier and be- cause he supplied an answer to questions as per above, we quote : "What is a newspaper? A news- paper is a mirror in which are reflected events and human beings. Don't break the mirror. If you don't like what you see in it, change the face as they do in the beauty parlor." It's that job of "changing the face" which gets us into frequent hot water. When, for instance, this space took a three-time crack at the Paramount reorganizers for shaping a banking and invest- ment house directorate, it was criticized for failing to mind its own business. We assert it is very much our business to keep Paramount or any other factor — and that doesn't necessarily mean only the large ones — out of Eastman Off % on Big Board High Low Close Consolidated Film Industries 4J4 454 4% Consolidated Film Industries, pfd 18 17% 17%. Eastman Kodak m% 11054 11054, Fox Film "A" 1354 13 13% Loew's, Inc 3554 34% 34% Loew's, Inc., pfd 104% 103% 103% Paramount Publix 3% 3% 31^ Pathe Exchange 1 1 1 Pathe Exchange "A" 13% 13% 13% Rko 2 m m Warner Bros 4% 454 414 Warner Bros., pfd 21 21 21 Net Change - % + Va + % - % + Va + % + Ya Sales 200 800 900 1,500 6,300 400 24,100 100 100 1,000 1,500 2,000 Heavy Trading in Paramount Bonds General Theatre Equipment 6s '40. Loew's 6s '41, ww deb rights Paramount Broadway 554s '51 Paramount F. L. 6s '47 Paramount Publix 554 s '50 Warner Bros. 6s '39, wd Net High 8% Low 8% Close 8% Change - % Sales 3 104% 10454 104% 3 44 44 44 2 6554 63% 63% — % 120 65/, 63% 63% - Ya 260 60 59 59% + % 15 pitfalls if by constructive criti- cism we can, or think we can. . . . ▼ When the front page bannered the Washington flash of the Ad- ministration's plan to make codes voluntary under the impending, revised NRA, the yarn in two quarters was booed, described as a fake and as hooey. We were tearing down, always belittling and destructive. That's so much pap and waste of time. Motion Picture Daily does not make news ; it reports it. Events, ac- tual and forecast, are not always what certain individuals or in- terests may want to read. It's disturbing to their complacency, their well-being and, indeed, their jobs. Too bad, but unavoidable nevertheless. ... KANN Jones Again Says He Will Sue B. & K. Aaron Jones, Sr., of Jones, Linick & Schaefer, Chicago theatre operators, reiterated here yesterday his intention of instituting an anti-trust action in that city against B. & K. and major distribution companies as a result of what he says is his inability to obtain product for the McVickers. Jones, who said his current New York trip was only "to look around" and had nothing to do with his con- templated lawsuit, said that the action would be filed in Federal court in Chi- cago next week. Buy for New England Boston, Dec. 13. — Harry Asher, president of American Film Ex- change, reports the acquisition in New England of the Sunset west- erns. "Are We Civilized?" has been ac- quired by Roadshow Pictures, headed by Jack Meyers. Publicity is being handled by John Luce and Leo Young. G. B. Plans Sales Drive Mark Ostrer, chairman of the board of Gaumont British, is scheduled to arrive here from England early next month. In his honor George W. Weeks, general sales manager, has planned a sales drive which will be called "The Big Push." The drive will begin on Dec. 15 and end April IS. To Fete Johnston Boston, Dec. 13. — W. Ray John- ston is scheduled to be in the Hub Friday and Saturday when a lunch- eon will be tendered in his honor at the Statler by Herman Rifken, presi- dent of Hollywood Films, Monogram distributor. Mrs. Rifkin is recovering from a recent operation, incidentally. Lederer Joins R. & R. Otto Lederer, for many years with Harry Thomas and First Division, has purchased an interest in the Rapf & Rudin circuit, which now operates seven houses in Brooklyn. Latest ac- quisition is the Dorset, which Lederer is handling. Negotiations are on for additional theatres. Editing 28 Vitaphones Twenty-eight Vitaphone shorts, consisting of 11 two-reelers and 17 one-reelers, are being edited at the Brooklyn plant for early release. PROFITS TO RECORD HIGHS! A STAR of stars in her show of shows...released *V on your year's most profitable week! There's no limit to its grosses. ..if you back it with showmanship. And no limit to the show- manship angles of this picture. Get both cam- paign books from your FOX Exchange. And prepare to start the New Year with a new record! Directed by 6 MOTION PICTURE DAILY Friday, December 14, 1934 Looking 'Em Over "Music in the Air" (Fox) Some very pleasant ingredients have been mixed to form a lightly romantic story with music in the talker version of "Music in the Air." Jerome Kern's theme song, "Every Little Star," already a hit, is taken up and developed as the story unfolds. It is first sung by Douglass Mont- gomery and June Lang. Gloria Swanson's return to the screen may furnish a selling point for exhibitors. She has lost none of her talent for wearing striking clothes and she has an excellent singing voice. John Boles, of course, also has a reputation as a singer which he upholds in this film, but Montgomery and Miss Lang, the two young lovers of the story, are the magnets who will hold the youngsters in their seats and help the word-of-mouth ad- vertising. As a young Bavarian school teacher and the daughter of a country village composer, they practically steal the picture without seem- ing to try. Some fine mountain backgrounds have been introduced to make the atmosphere seem authentic, and Al Shean is charming as the old gentle- man who takes his new song to Munich to present it to Reginald Owen, an old friend, who is a producer. After that the complications center around Miss Swanson's infatuation for Montgomery and Boles' flirtation with the striking little blonde, Miss Lang. Miss Swanson works hard throughout — a little too hard, perhaps. Both she and Boles are given to use of excessive gesturing, but audiences probably will overlook this as they go out humming "Every Little Star." Production code seal No. 419. Running time, 81 minutes. "G." "Wednesday's Child," last night's preview at the Roxy, was reviewed on Nov. 14. "Hell in the Heavens," now current at the Mayjair, was reviewed by wire from Hollywood on Oct. 27. "Babes in Toyland," current at the Astor, was reviewed by wire from Holly- wood on Nov. 12. "Dealers in Death," last night's opener at the Criterion, was reviewed on Nov. 28. i Purely Personal ► RICHARD BOLESLAWSKI will take a vacation in Poland upon completion of "Clive of India" for 20th Century. When he returns early next year he will direct "Les Miserables" for the same company. J. W. Piper, manager of Para- mount's Tokyo office, is in New York for his first home office visit in many years. He will be here for several weeks. Marcella Burke, fan magazine writer, has sold an original, "Morn- ing, Noon and Night," to Paramount. Sylvia Sidney probably will be starred. Mort Blumenstock flies to Buf- falo today for contact work with the Guy Lombardo Revue in Warner houses in Erie, Wheeling, Clarks- burg, Charleston and Newark. Max Cohen has taken over the Prospect, Bronx, and plans to reopen it shortly. J. Robert Rubin hurrying down 7th Ave., the wind very nippy and bowler to the breeze. Lynn Farnol sailed yesterday afternoon aboard the Peten for a three-week Caribbean trip. Ward Wing, director of "Sama- rang," arrived in town yesterday from London. Marguerite Wallman, Viennese dancer, arrives in town next week on her way to the M-G-M studios. Eddie Churchill visiting National City, polo coat and all. Phil Reisman, foreign sales head for Radio, is due back in two weeks. Lenox Opens Today As Kid Lab Theatre The Lenox Picture House, 52 E. 78th St., will open today as a young people's film laboratory theatre with the co-operation of Warners. The theatre will put on week-end and holi- day matinee programs for children and will be used for "the trying out and testing of juvenile opinion and juvenile support in connection with the produc- tion of films for junior audiences," ac- cording to Warners. Mrs. Franklin D. Roosevelt is a sponsor for the theatre, which will be directed by Helen Wagner. Among the other sponsors are Harry M., Al- bert and Jack L. Warner and Stan- leigh P. Friedman, associate counsel for Warners. The initial attraction will be War- ners' "The Man from Monterey," which will be followed next week-end by Paramount's "King of the Jungle." Sheehan Denies Talk Of Joining M-G-M Kansas City, Dec. 13. — Recently published reports that he might leave Fox to join M-G-M were denied here today by Winfield Sheehan, eastbound with Gabe Yorke, Fox publicity executive. He refused to discuss the. purpose of his trip other than to say he had conferences scheduled with Sidney Kent, adding he would remain in New York a week. Duals Out of First Runs in Milwaukee Milwaukee, Dec. 13. — Local first runs, for the first time in many weeks, have returned to a single feature policy. Whether the practice will continue will hinge upon the policy of the outlying theatres which continue playing double and triple features. The Strand, first run, has been leased by Warners to Standard Gate- way Theatre Management, Inc., and will reopen Christmas Day with, ac- cording to present reports, a double feature policy. Operators of the house also conduct the Gateway and Keno- sha in Kenosha, the Strand in Osh- kosh and the Bay in Green Bay, all formerly operated under the Warner banner. Schlesinger Takes House Montclair, N. J., Dec. 13. — Morris S. Schlesinger, former manager of the Broad and Shubert theatres in Newark, has leased the Montclair here. Beginning Christmas night, Schlesinger will present a series of Broadway shows of recent seasons, in- terspersed with occasional new plays. Snaper Has Laryngitis Dave Snaper, operator of five New Jersey houses, is confined to bed with laryngitis. Snaper is a brother-in- law of David Wilentz, attorney gen- eral for the state of New Jersey. Borah, Nye See Film Senators Borah and Nye last night attended the opening of "Dealers in Death" at the Criterion. Monroe Shaff and Buddy Kusell intend to handle the munitions film themselves throughout the country. Steffes-Berger to Run Arty Theatres Minneapolis, Dec. 13. — Benny Ber- ger and Al Steffes have joined forces in a new company called Berger- Steffes, Inc., to operate a string of theatres on the policy of the Minne- apolis and St. Paul Worlds. The St. Paul World has already been turned over to the company. Dave Meblin will be manager. The Minneapolis World has been signally successful with a small house liberally furnished with big chairs in which smoking is permitted. Sue on Lincoln Contract Lincoln, Dec. 13.— Suit for $31,090, allegedly due for breach of contract has been filed here by Augusta Paper, heir apparent to claims of Nick Paper, against the Lincoln Theatre Corp. It is claimed that Lincoln Theatre took the Sun in 1925 and the Capitol in 1928, both owned by Nick Paper, for 10 years at $300 monthly rental on the Sun and $78,750 for the entire Capitol agreement. Paper was to control op- erations of the Rialto and Capitol, get 25 per cent of the profits and $25 weekly salary, states the petition, but the contract was not adhered to by the defendants. Para. Bowlers Leading Taking three games from Consoli- dated, Paramount now leads the M. P. Bowling League. RKO is second as a result of winning three games from the Fox team. United Artists registered two victories over M-G- M at the last rolling at the Radio City alleys, the latter winning the third game. Columbia won two games against Warners and lost one. After Sunday Shows For All of Vermont Montpelier, Vt, Dec. 13.— With the state legislature scheduled to convene Jan. 8, film men are putting momen- tum into a drive toward legalizing Sunday shows in Vermont. As adjoin- ing states have such entertainment, Vermont border communities see pros- pective audiences trek out of the state on the Sabbath. At the organization meeting of the Allied Theatre Owners of Vermont, it was voted to endeavor to win support of legislators wherever possible by concentrated efforts. Andrew Tegu of St. Johnsbury is now president of Allied. Charles Ross of Windsor was voted vice-president ; Ray Kinney of Bellows Falls, secre- tary ; and Allard Graves of White River Junction, treasurer. Boston, Dec. 13. — According to membership figures compiled by the Independent Exhibitors, Inc., enroll- ment has increased over 340 per cent in the last 12 months here in New England. According to Arthur K. Howard, business manager of the Bos- ton unit which has been directly re- sponsible for the new brother organ- izations recently incorporated in near- by New England states, Independent Exhibitors had 66 members at the end of November, 1933. By the end of last month, 227 were regularly enrolled. Hub's Independents Get 1st Run Outlet Boston, Dec. 13. — Independent dis- tributors in the Hub now have a first-run stand in the Majestic if it continues to be operated under its pres- ent policy by Fred E. Leiberman, who opened it late last week under a lease from Shubert interests. The house, which is on Tremont Street in the cen- ter of the amusement district, is a for- mer "legit" house which in late years has been a haven for road shows. It is being managed by Myer Shellman, for- mer district manager for Publix and most recently with Gaumont British here. Leo Young, formerly with Universal on the West Coast and later press agent here, who promoted a tieup with WEEI for the first weekly sustaining air exploitation of independent fea- tures (Majestic and Chesterfield-In- vincible) in this part of the country, has been appointed publicist and as- sistant manager of the Majestic. FitzPatrick Sails For Coast Dec. 22 James A. FitzPatrick sails for the coast Dec. 22 on the Santa Rosa, ar- riving in Los Angeles Jan. 7, and leaving there for Mexico and Central America on Jan. 15. From Central America, FitzPatrick will return to New York and sails on the Aquitania Jan. 31 on a Mediterranean cruise as far as Egypt, from there going to Africa, where he will produce "Black Ivory," his first independent feature in black and white. Because of a conflict with a Warner title of the same name, the picture may be called "White Gold." FitzPatrick will return to New York next April. "Evensong** Banned London, Dec. 13. — Gaumont Brit- ish's "Evensong" has been banned by the censor at Sydney, Australia, with- out reason given. Friday, December 14, 1934 MOTION PICTURE DAILY Comerford, Saenger Near To New Setup (Continued from page 1) 500,000 of old bonds of Saenger The- atres and $1,000,000 of Saenger Realty. Past due interest on the bonds will be paid, but the new company will not be obliged to make provision for a $300,000 sinking fund for the first three years unless sufficient earn- ings accrue. After that period, how- ever, fixed provisions for a sinking fund will become effective. General creditors and lessors of Saenger will receive subordinated notes payable out of income for their claims. Approximately $260,000 of lessors' claims, however, representing the bulk of those filed in the reorgani- zation proceedings, have been ac- quired by Arklamiss Corp., a Para- mount subsidiary, for $35,000. The Paramount Publix trustees, under the plan, will relinquish their claims against Saenger, pay reorgani- zation costs and turn in their stock holdings in the old Saenger company in return for $1,500,000 of deben- tures and all of the common stock of the new company. Under the five- year management agreement with Richards, the trustees will then turn over to him all of the Class A stock, representing a half interest in the new company, and will retain for Para- mount all of the Class B stock. Rich- ards will become president and gener- al manager of the new company, which will be the holding company for subsidiaries operating 47 theatres in Louisiana, Mississippi, Alabama, Florida and Texas. Subsidiaries Held 160 Theatres At the time Saenger went into re- ceivership, in 1933, its subsidiaries operated or held interests in approxi- mately 160 theatres in eight southern states. At such time as the plan has been approved by the Federal court here, final steps in the reorganization will get under way in Federal court at New Orleans. The Comerford agreement, ap- proved yesterday by Federal Judge Alfred C. Coxe, acting on a favorable recommendation made to him earlier by Joyce, provides for the retirement of Paramount's obligations remaining from its acquisition of the 61 Penn- com theatres from M. E. and M. B. Comerford and Frank C. Walker in 1930. Retirement of 55,330 shares of Class A stock outstanding with a par value of $5,533,000, held by the Com- erford group, will be made from net receipts of the circuit. No dividends will be paid on the stock of the com- pany, the Class B shares of which are owned by Paramount, prior to Jan. 1, 1938. Operation of the circuit by the Comerford group is continued in the agreement. Yiddish Players Signed Dinah Goldberg, Anita Chayes, Morris Strassberg, Leah Naomi and Peter Graf have been signed by Jack Stillman, president of the Sov-Am Film Corp. Their first assignment will be in support of Boris Thoma- shefsky and Regina Zuckerberg in "Bar Mitzvah," second Jewish film on Sov-Am's new schedule. "Greatest Period "-Warner; Thalberg Says Films Tell By HARRY M. WARNER {Continued from page 1) the storm of the great depression and fought our way through to our present position is that we had faith in the industry. We believed in its personnel, in their courage and initi- ative and vision. We stood by the exhibitor, regarding him as our busi- ness partner whose interests were our interests. And I believe that our faith in him has evoked on his side a faith in us which is an invaluable asset for us as producers and distributors. We are going to produce not merely more pictures, but better pictures, sparing no time, trouble or expense to furnish attractions that will meet the most exacting demands of the public. The screen today is coming into its own; it is gradually meeting with the recognition it deserves from the leaders of the nation's thought as the most powerful and far-reaching of art forms. I think, however, in view of the high average quality now at- tained in production, that the screen is entitled to more outspoken support for individual pictures than it now re- ceives from these educational, social and intellectual leaders. But that will come. We stand at the beginning of the greatest period in motion picture history. Ask Allied Owners To Hit Para. Plan (Continued from page 1) reorganization plan before Special Master Oscar Lewis in Brooklyn yes- terday. Palmer asked that Allied's objec- tions to the Paramount plan be made on the grounds that the settlement of Allied's $23,000,000 claim against Paramount "is reduced to $5,000,000 and the leasing of three theatres and purchase of a fourth by Paramount" in the latter's plan. He stated that he objected to details of the leases and the sales agreement on the theatres as embodied in the settlement. He also declared that the Paramount plan "would increase the company's liabili- ties and thereby decrease the value of Allied's claim against it." Palmer demanded earlier that Allied be given representation on the Para- mount board. This has been agreed to in reorganization circles, but a rep- resentative has not yet been selected. Lewis is scheduled to rule on Palm- er's motion at an adjournment of the hearing next Wednesday. Bernstein, Warner Talk David Bernstein and Albert War- ner were principal guests of the I. T. O. A. at the organization's meet- ing yesterday at the Astor. Cooper- ation from local exhibitors for sup- port of the Federation of Jewish Charities highlighted speeches by Bernstein and Warner. Lipton Will Join Col. Dave Lipton, who has been Sally Rand's manager and press representa- tive, will become a member of Col- umbia's exploitation department on Dec. 24, working out of the home office. By IRVING THALBERG (Continued from page 1) come when it will be impossible for an exhibitor to run his theatre at a profit in any other way. Prizes and double features are losing their extra drawing value. For the producer the problem has become particularly serious. The loss of a normal audience for any picture makes it difficult to create an attrac- tion out of merely a well-made picture. 1935 will be a showman's year. To those men who can put into pictures all the elements of sure-fire audience appeal will go the plums. "Battle" Interests RKO RKO is the latest company to be interested in "The Battle." Sales executives of the company looked at the picture for possibilities of han- dling in the United States. United Artists, which had the original op- tion, and Paramount have dropped out of the bidding. Norman Samuelson Busy Norman Samuelson, attorney and brother of Sidney Samuelson, presi- dent of Allied, is acting as creditors' representative in the operation of the Strand, Union City. New Exhibitor Setup Pushed In Talks Here (Continued from page 1) asked for a Congressional investiga- tion into the setup of the code, in- creased music levies of A. S. C. A. P., and block booking. Allied already has adopted the contact idea in several states, New Jersey being one of them. The Congressional idea is nothing new. Charles L. O'Reilly, now presi- dent of the T. O. C. C, thought of it 12 years ago and every one scoffed at it. Now, however, the plan has been adopted seriously by Allied and sev- eral other independent associations are understood for it. At a recent meeting of the I. T. O. A. board of directors axid com- mittee on national matters, support to the contact plan was promised. Leon Rosenblatt, local circuit oper- ator, is responsible for reviving the O'Reilly thesis. After getting results from local units, Rosenblatt intends to further the idea among New Eng- land and Philadelphia independents. At the last session of Allied of New Jersey a motion was made and carried that congressional district be immedi- ately organized by independents in New Jersey. As soon as this is done, various congressmen will be contacted. CONTRACT THE MARCH fTlME O AND PLEASE, SANTA, SENI FRESH PRINT OF SWEE1 >UR THEATRE MAN A NICE DELINE FOR CHRISTMAS Irene Dunne in "Sweet Adeline", from the Broadway Musical Hit by Jerome Kern and Oscar Hammerstein II. Directed by Mervyn LeRoy, with 10 songs and 12 stars, including Donald Woods, Hugh Herbert, Ned Sparks, Joseph Cawthorn. Ensembles directed by Bobby Connelly. A Warner Bros. Picture. PICKED BY "ROXr To Open Philadelphia's Glorified ROXY- MASTBAUM Christmas Eve, Under Personal Direction of S. L. Rothafel MOTION PICTURE DAILY Hollywood Personals Hollywood, Dec. 13. — Merle Oberon over the flu. . . . Bob Mont- gomery at home with a case of same. . . . Ned Marin's little daugh- ter, who was injured in an automobile accident last fall, is now able to sit up in a wheel chair. . . . Clarence Brown buys another plane. . . . Woody van Dyke directs in breeches, a la Cecil B. DeMille. . . . Vera Caspary completes her original for Columbia, "Give Me Liberty." . . . Gertrude Michael gets the leading feminine role in "The Milky Way" at Paramount. . . . Mae West's maid, Libby Taylor, gets a role in "Mississippi" at Paramount. . . . Bill Thomas signed as "still man" for "Broken Soil" at United Art- ists. . . . Henry Meyers back to Paramount to revise the script of "The Big Broadcast of 1935." 10 Producer Acts Illegal Under Code — Myers (Continued from page 1) Authority is composed of seven rep- resentatives of sellers and three buyers, two of the buyers being executives of trade associations supported almost en- tirely by contributions of producer- owned theatres, he maintains. Inde- pendent exhibitors have one repre- sentative on the supreme governing body, it is Myers' contention. The power conferred on producers has already been exerted to the utmost to discriminate in favor of themselves and their owned theatres and against independents, Myers declared. Code Authority and regional boards, in administering their judicial powers, resolve all important issues in favor of eight major producers, he declared, and these decisions have gone to the extent of nullifying provisions of the code designed for relief of indepen- dents, and of imposing on indepen- dents monopolistic practices which the courts previously had held to be vio- lative of the Sherman anti-trust act. Sees Indies at Disadvantage Myers went on to say that the power possessed by the big eight pro- ducers under the code extends to reg- ulating admission prices, run availa- bility of pictures, giving premiums, and every other competitive practice of im- portance to buyers and sellers in the several classes of theatres. In other words, he insisted, inde- pendents are placed at the mercy of those with whom they compete. Myers said the code was character- ized in the report of the Darrow re- view board as contrary to the National Recovery Act. The energies of Allied, he said, would be directed toward revocation of the code in its present form, by action of the NRA, if pos- sible ; by Congress, if necessary. The tremendous investments of indepen- dents, made prior to the coming of producer-owned theatres, should be protected rather than jeopardized by the Government, he concluded. Again Delay K. C, New Haven Action (Continued from page 1) government member, put in an appear- ance after an absence of more than three months. While Campi took no official action on the Chicago releasing problem, it took cognizance of the standard uni- form contract and notified the local board and distributors that the first three days' run of a picture in a given territory constitutes general release of the film in that area. Like the two clearance and zoning schedules, Campi put over the Leonia, Leonia, N. J., clearance cases against Skouras and Loew's, much to the an- noyance of Julius Charnow, who filed the complaint. Attending the session were Charles L. O'Reilly, J. Robert Rubin, Max Levinson, Ed Kuykendall, Robert Youngman, Harold Bareford, Sidney Justin and Joe Vogel. The only business of the day was approval of decisions recommended on appeals by various committees. Albany Boards Rule On 8 Pending Cases Albany, Dec. 13. — Eight code cases have been disposed of here, four by the clearance board and four by the griev- ance board. In the complaint of Kallet Theatres, Inc., Madison, Oneida, against W. I. Tyler, Delphia, Chittenango, the clear- ance board held that 30 days is reason- able clearance between the two spots, depending upon which plays a picture first. Where pictures are not played within the time specified by contract no clearance will be allowed. A similar decision was rendered on the complaint of Kallet Theatres against Antonio C. Balducci, Avon, Canantota, but Balducci appealed. Distribution of cut rate coupons by Peter C. Vournakis, Strand and Lib- erty, Watertown, was ordered stopped. The complaint was filed by Graham & Ludlow, Palace, same town. A counter complaint by Vournakis against Graham & Ludlow, charging rebates in the form of lotteries and prizes also resulted in a stop order. Clearance of seven days over Odd Fellows Hall, Voorheesville, has been granted to Delmar at Delmar. Odd Fellows Hall will appeal, it is said. It operates one night a week, while the Delmar is open six nights. An appeal has been filed against the board's decision granting the Madison, Oneida, 30 days' clearance over the Avon, Canastota. A stop order against reduced ad- missions has been issued against the Strand and Liberty, Watertown, on complaint of the Palace, Watertown. Actors Waiting for Hearing by the NRA Hollywood, Dec. 13. — The Actors' Guild is awaiting a hearing and a de- cision of the NRA on their code pro- posals, already filed in Washington. Producere are not in accord. Writers have not completed their final draft, but one is expected shortly. Should producers disagree with their proposals, they will, like the actors, go direct to the NRA for a decision, they say. The guilds believe that the NRA heads are waiting for the writers' code before setting a date for the actors' hearing and will call both at the same time. Actors, in the meantime, are holding small group meetings of Class A members soliciting votes for the A. F. of L. affiliation. Results thus far have been kept secret. It is reported that many represen- tative actors are reluctant to vote for the affiliation, preferring to wait for a Washington decision on the code proposals. Should they not get what they want in Washington, they say, the obvious move will be to turn to the A. F. of L. Total N.E. Bombing Damage Is $15,000 (Continued from page 1) greatest damage was at the E. M. Loew Capitol in Pawtucket, R. I. Damage at the Tremont and Majes- tic here will be about $2,000 each and at the E. M. Loew Capitol in Lynn about $2,000. Frederick E. Leiberman of Lowell, Mass., is owner of the Tremont and Majestic. He also owns the Columbia and police have placed a heavy guard over that theatre. Police in Portland, Me.; Abington, Whitman and Low- ell placed police guards in theatres in those cities controlled by Leiberman and a thorough search was also made of the theatres for attempted bomb- ings, but no evidence could be found. Leiberman said that on Dec. 4 there was a meeting of union men to discuss the code and that he was commanded to hire two more men at $60 a week. He said he refused because he has two more at present than he actually re- quires. At Pawtucket it was stated there had been no labor trouble for several years. Reports that the bombings had been committed by paid bombers from New York today sent Capt. Stephen J. Flaherty of the Boston detective bureau to that city. His departure followed a conference at police head- quarters at which it was asserted that threats had been made to damage the Majestic and Tremont. Bank Nights Placed Under Ban in Iowa (Continued from page 1) stated this would bring it within the Iowa legal definition of prohibited lotteries. Maley stated that in order to re- ceive the bank certificate of deposit which was given as a prize the per- son having the lucky number had to claim it in a limited time. This factor, Maley said, brought in the element of consideration due to the tendency to increase the theatre's patronage. Giving baskets of groceries to holders of lucky numbers also was included in the ruling. "Barnum" into 74 Houses Hollywood, Dec 13. — Twentieth Century's "The Mighty Barnum" will be released simultaneously by 74 the- atres throughout the country Christ- mas week. Third Child for Zanucks Hollywood, Dec. 13. — A six- pound boy was born to the Darryl Zanucks at Cedars of Lebanon Hos- pital this morning. The couple have two other children. Friday, December 14, 1934 Stable Wages Predicted As New NRA Aim (Continued from page 1) NRA and the expenditure of energy upon it. "Of course," he said, "the securing of compliance with code provisions,, particularly as to wages and hours, has always been the biggest task of NRA and the one in the full and final solution of which there is the great- est importance. "I am asking you if it may not be true that when full compliance with wage and hour provisions of codes is established it may not then appear that provisions by way of putting floors under prices may not in most industries and businesses be found to be of no importance whatever." He urged businessmen to comply with codes and to see that their com- petitors do so. "The exact form of the new act is not important," he continued. "The important thing is that public opinion in this country has moved definitely forward to where it is demanding of business that it accept a greater measure of social responsibility than it has ever borne before." Start Second Report On Operator Scales (Continued from page 1) circuit and independent exhibitor leaders and I.A.T.S.E. officials at Campi and discussed several plans, all of which were discarded. Rosenblatt will meet again with exhibitor and union leaders, probably next week, when the second report is completed. Independent exhibitors were given temporary relief by Local 306, terms of the agreement being held secret. The tentative relief ends when the basic scale for operators is set up. Bank Night Appeals Up Three appeals on bank night cases were heard yesterday by a committee comprising Leslie E. Thompson, A. Montague and Julius Charnow. The cases were: W. W. Watt, Casino, Sac City, la., against George Norman and Jack Keuch, Chieftan, same city; Alameda, Alameda, against Central, Webster, Neptune and Palace, same city; Nasser Bros., Alhambra, San Francisco, against Harding, Metro- politan, Lincoln and El Ray, same city. Del.-Md. Meet Postponed Wilmington, Del., Dec. 13. — The meeting of the M. P. T. O. of Dela- ware and Eastern Maryland, which was to have been held at Harrington, Del., today for the purpose of dis- cussing clearance and zoning, has been postponed to after the holidays. Col. Lists More Stock Additional common stock totaling 5,023 shares has been listed on the stock exchange by Columbia. The stock is to be used in payment of the two and one-half per cent dividend recently declared by the company. Schenck on Way East Hollywood, Dec. 13. — Nicholas M. Schenck and his wife left for New York today. RING OUT THE OLD! RING IN THE NEW! TRAILERS conceived, produced, distributed by METRO-GOLDWYN-MAYER Starting the New Year right! MOTION PICTURE DAILY Friday, December 14, 1934 12 "St. Louis" Gets Capital Top, $19,500 Washington, Dec. 13. — Despite the Thanksgiving holiday grosses fell oft last week. Best showing was made by "The St. Louis Kid" at the Earle. The $19,500 take was over pajr by $1,900. Loew's Fox nosed out by $400 with a take of $20,900 for "We Live Again." Although both pictures were unable to round out seven days, Loew's Co- lumbia did a fair $3,500 for three days of "Our Daily Bread" ($1,300), plus four days of "Student Tour" ($2,200). This was the first split week at that house. "The Painted Veil" did a good $7,300 for a second week at Loew's Palace. At RKO-Keith's "Anne of Green Gables" rounded out a full week with $12,300. "Imitation of Life" opened big. The Metropolitan did a smash $6,500 on 4 2/3 days of "Wagon Wheels," but the picture was taken off for a return engagement of "Flirt- ation Walk," which was put in for an indefinite run. Estimated takings, exclusive of tax: Week Ending Dec. 3: "WAGON WHEELS" (Para.) METROPOLITAN — (1,591), 25c-40c, 4-2/3 days. Gross: $6,500. (Average, seven days, $4,100) Week Ending Dec. 4: "ANNE OF GREEN GABLES" (Radio) RKO-KEITH'S — (1,836), 25c-S5c, 7 days. Gross: $12,300. (Average, $11,400) Week Ending Dec. 6: "THE SAINT LOUIS' KID" (Warners) EARLE— (2.218). 25c-77c, 7 days. Stage: Eddie Peabody. Harris Twins & Loretta, Harry Kahne, Harry Burns & Co. Gross: $19,500. (Average, $17,600) "OUR DAILY BREAD" (U. A.) LOEW'S COLUMBIA — (1,264), 25c-40c, 3 days. Gross: $1,300. (Average, seven days, $3,100) "STUDENT TOUR" (M-G-M) LOEW'S COLUMBIA— Four days, to complete week of above. Gross: $2,200. (Average, 7 davs, $3,100) "WE LIVE AGAIN" (U. A.) LOEW'S FOX— (3,434), 25c-66c, 7 days. Stage: Ferde Grofe & Orchestra, Grace Dufaye. Funnyboners, Joe Phillips & Made- line Kileen. Gross: $20,900. (Average, $20,500) "THE PAINTED VEIL" (M-G-M) LOEW'S PALACE— (2.370). 35c-77c, 7 days, 2nd week. Gross: $7,300. (Average, first week, $14,500) Lincoln Takes Hit By Snow, Shopping Lincoln, Dec. 13. — Grosses which held steady to good figures through- out the fall season are falling a bit following the Thanksgiving holiday. Christmas shopping is making the pa- tron pocket conscious, too. A blanket of snow and a cold wave are no help. Estimated takings : Week Ending Dec. 2: "365 NIGHTS IN HOLLYWOOD" (Fox) ORPHEUM— (1,200), 10c-15c-25c, 4 days with stage show. "Outcast Lady" (Radio) 3 days. Gross: $3,200. Week Ending Dec. 5: "EVELYN PRENTICE" (M-G-M) LINCOLN— (1,600), 10c-15c-25c, 7 days. Gross: $2,700. "MERRY WIDOW" (Para.) STUART— (1,900), 10c-25c-40c, 7 days. Gross: $3,100. "LITTLE FRIEND" (Gaumont British) VARSITY— (1,100), 10c-25c, 7 days. Gross: $1,100. "Gables" Portland Hit; Gets $5,400 Portland, Dec. 13. — "Anne of Green Gables" was strong at Ham- rick's Music Box, getting $5,400, or $3,400 over. Indications point to holdover until Christmas. "Flirtation Walk" was held for a second week at Broadway with a take of $5,200, a slight $200 over the usual. "One Night of Love" rolled up another $3,500 in its second week at the "Mayfair," $500 above regular take, and was held for another week. "Mrs. Wiggs of the Cabbage Patch" at the Paramount, plus the usual good stage show, brought in $8,300, or $3,300 over the regular income. Total first run business was $32,200. Average is $27,000. Estimated takings for the week end- ing Dec. 8 : "FLIRTATION WALK" (F. N.) BROADWAY— (1,912), 25c-35c-40c, 7 days, 2nd week. Gross: $5,200. (Average, $5,000) "COUNT OF MONTE CRISTO" (U. A.) ORIENTAL— (2,040). 25c, 7 days. Gross: $1,800. (Average, $2,000) "IMITATION OF LIFE" (Univ.) HAMRICK'S ORPHEUM— (1,700), 25c- 35c-40c, 7 days. Stage show. Gross: $5,000. (Average, $5,000) "ANNE OF GREEN GABLES" (Radio) MUSIC BOX— (1,000), 25c-35c-40c, 7 days. Gross: $5,400. (Average, $2,000) "ONE NIGHT OF LOVE" (Col.) MAYFAIR— (1,700), 25c-35c, 7 days, 3rd week. Gross: $3,500. (Average, $3,000) "MRS. WIGGS OF CABBAGE PATCH" (Para.) PARAMOUNT — (3,008), 25c-35c-40c. 7 days. Gross: $8,300. (Average, $5,000) "KID MILLIONS" (U. A.) UNITED ARTIST— (945), 25c-35c-40c, 4 days. Gross: $3,000. (Average, $5,000) "Rhythm" and "Walk" Crack Denver Marks Denver, Dec. 13. — Two films broke house records for single days. "College Rhythm" broke the house record for the Denham and "Flir- tation Walk" for the time Harry Huffman has had the Denver. Both records fell on Thanksgiving. The box-office at the Denham was closed at 8 :30 P.M., when it was apparent no more tickets could be sold. There was a holdout within an hour and a half after the Denham opened that day. Crowds at the Denver were strong all day, with holdouts twice. Total first run business was $28,000. Average is $20,500. Estimated takings for the week ending Dec. 6 : "GREAT EXPECTATIONS" (Univ.) ALADDIN— (1,500), 25c-35c-50c, 5 days. Gross: $1,000. "FIREBIRD" (Warners) ALADDIN— (1,500), 25c-35c-50c, 2 days. Gross: $500. (Average for week, $2,500.) "COLLEGE RHYTHM" (Para.) DENHAM— (1,500), 25c-35c-50c, 7 days. Gross: $8,000. (Average, $4,000.) "FLIRTATION WALK" (F. N.) DENVER — (2,500), 25c-35c-50c, 7 days. Gross: $11,000. (Average. $6,000.) "EVELYN PRENTICE" (M-G-M) ORPHEUM— (2,600), 25c-35c-50c, 7 days. Gross: $6,000. (Average. $6,000.) "BIG HEARTED HERBERT" (Warners) PARAMOUNT— (2,000), 25c-40c, 3 days. Gross: $600. "ONE EXCITED ADVENTURE" (Univ.) "THEIR BIG MOMENT" (Radio) PARAMOUNT— (2.000). 25c-40c, 4 days. Gross: $900. (Average for week, $2,000.) "Rhythm" $10,800 Hit in Providence Providence, Dec. 13. — The Strand was top house for the week with a fine bill headed by "College Rhythm," which grossed $10,800, a swell take for this theatre which usually runs around $6,500. Next in line came the Fay bill, "Gambling," and a revue which took $8,100. The Majestic, with "The White Parade" as the feature, took $8,000. Curiously, Garbo's pull seems to have waned here. "The Painted Veil" at Loew's was good only for $10,000 and plenty of program pictures re- cently have hit the par figure of $12,- 000. The RKO Albee, which ran "Anne of Green Gables" for eight days, was rewarded with a take of $11,300. First run business was $49,400. Av- erage is $40,500. Estimated takings for the week end- ing Dec. 6 : "COLLEGE RHYTHM" (Para.) "CRIMSON ROMANCE" (Monogram) STRAND— (2,300), 15c-40c, 7 days. Gross: $10,800. (Average, $6,500) "THE WHITE PARADE" (Fox) MAJESTIC— (2,400), 15c-40c, 7 days. Gross: $8,000. (Average, $7,000) "GAMBLING" (Fox) FAYS— (1,600). 15c-40c. 7 days. Stage: "Monte Carlo Nights." Gross: $8,100. (Av- erage, $7,000) "ANNE OF GREEN GABLES" (Radio) RKO ALBEE— (2.300), 15c-40c, 8 days. Gross: $11,300. (Average, $7,000) "THE PAINTED VEIL" (M-G-M) LOEW'S STATE— (3,800), 15c-40c, 7 days. Gross: $10,000. (Average. $12,000) "CHU CHIN CHOW" (Radio) RKO VICTORY— (1,600). 10c-25c. 4 days. Shorts. Gross: $1,200. (Average. $1,000) "Rhythm" Big K. C. Grosser With $9,000 Kansas City, Dec. 13. — "College Rhythm" was the chief business-get- ter, the only first run attraction to beat par. It gave the Newman $9,- 000 in eight days, upping normal by $1,200. Other first runs were down. First run grosses totaled $36,500. Average is $38,700. Estimated takings : Week Ending Dec. 4: "Music in the Air" (Fox) UPTOWN— (2,000), 25c-40c, 6 days. Gross: $2,200. (Average, 6 days, $2,900.) Week Ending Dec. 6: "Anne of Green Gables" (Radio) MAINSTREET— (3.100), 25c-35c-40c. 9 days. Stage: Daphne Pollard. Dorothea & Her Fellow Jackets, Carlton Emmy, Adler & Bradford, Jack Pepper & Co., and others. Gross: $9,800. (Average, 9 days. $11,000.) "THE PAINTED VEIL" M-G-M) MIDLAND— (4,000), 15c-25c-40c, 7 days. Gross: $8,700. (Average. $10,000.) "COLLEGE RHYTHM" (Para.) NEWMAN— (2.000), 25c-40c. 8 days. Gross: $9,000. (Average. 8 davs, $7,800.) "ONE EXCITING ADVENTURE" (Univ.) TOWER— (2,200). 25c. 7 days. Stage: "Cocktails of 1934." with Harry Howard & Co., Naida & Ernie Perez. Marie Hol- lis, Tackie Leynwood. Paul Spor. Gross: $6,800. (Average, $7,000.) Harlow-Powell Teamed Hollywood, Dec. 13. — Jean Harlow gets the featured spot opposite Wil- liam Powell in "Reckless" at M-G-M. Victor Fleming will direct. "Imitation" $8,500 High, Los Angeles Los Angeles, Dec. 13. — "Imitation of Life" ran away with top honors at the Pantages, piling up $8,500, over par by $5,100. Second place was taken by "The Merry Widow" at United Artists. It topped average by $1,500 on a gross of $5,000. Business was generally off elsewhere. Total first run business was $76,- 400. Average is $88,400. Estimated takings for the week ending Dec. 12: "EVEXYN PRENTICE" (M-G-M) CHINESE— (2,500), 30c-65c. 7 day*. Stage: Sid Grauman's prologue, Raymond Paige and his orchestra. Gross: $11,500. (Average, $12,500.) "HAVE A HEART" (M-G-M) 4 STAR— (900), 30c-55c, 7 days. Gross: $2,500. (Average, $3,250.) "EVELYN PRENTICE" (M-G-M) LOEWS STATE— (2,413), 30c-55c, 7 days. Gross: $12,500. (Average, $14,000.) "BEHOLD, MY WIFE" (Para.) PARAMOUNT— (3,595), 30c-55c. 7 days. Stage: Rube Wolf and his orchestra. F. 6 M. revue with Baby Rose Marie. Gross: $14,500. (Average. $18,000.) "FLIRTATION WALK" (F. N.) RKO— (2,700), 26c-65c, 2nd week, 7 days. Gross: $7,400. (Average, $8,000.) "THE MERRY WIDOW" (M-G-M) UNITED ARTISTS— (2,100), 25c-55c, 7 days. Gross: $5,000. (Average, $3,500.) "FLIRTATION WALK" (F. N.) WARNER BROS. (HOLLYWOOD)— (3,000), 25c-65c, 2nd week, 7 days. Gross: $8,100. (Average, $14,000.) "BY YOUR LEAVE" (Radio) WARNER BROS. (DOWNTOWN)— (3,- 400), 25c-40c, 7 days. Stage: 6 acts vaude- ville. Oscar Baum and his orchestra, Max- ine Doyle. Gross: $6,400. (Average, $12,- 000.) "IMITATION OF LIFE" (Univ.) PANTAGES— (3,000). 25c-40c. 2nd week, 7 days. Gross: $8,500. (Average, $3,- 200.) "Rhythm" Is Omaha Lead at $10,000 Omaha, Dec. 13. — "College Rhythm" took top honors last week on a gross of $10,000 at the Paramount. This beats average by $2,000. All the first runs were over par. "Imitation of Life" and "I Am a Thief took $9,500 at the Orpheum, and a combination of "Anne of Green Gables" and "La Cucuracha" grabbed a neat $5,500 at the Brandeis. Total first run business was $29,200. Average is $22,500. Estimated takings : Week Ending Dec. 5: "OUTCAST LADY" (M-G-M) "WAGON WHEELS" (Para.) WORLD— (2,200), 25c-40c, 7 days. Gross: $4,200. (Average, $3,500) "COLLEGE RHYTHM" (Para.) PARAMOUNT— (2.800), 25c-40c, 7 days. Gross: $10,000. (Average, $8,000) Week Ending Dec. 6: "ANNE OF GREEN GABLES" (Radio) "LA CUCARACHA" (Radio) BRANDEIS— (1.200), 20c-25c-35c, 8 days. Gross: $5,500. (Average, $4,000) "IMITATION OF LIFE" (Univ.) "I AM A THIEF" (Warners) ORPHEUM— (3.000), 25c-40c. 8 days. Gross: $9,500. (Average, $8,000) Dix Has One to Make Hollywood, Dec. 13. — Richard Dix has one more picture to make for Radio on his long term contract and no new deal has been talked yet by the studio. The actor's last assign- ment is not definite. A MUSICAL COMEDY that "Demonstrates what the short feature 14 MOTION PICTURE DAILY Friday, December 14, 1934 "Flirtation" Pittsburgh's Top, $17,000 Pittsburgh, Dec. 13. — Best show- ing of the week was made by "Flirta- tion Walk," which took $17,000, almost double par. Elsewhere it was just a fairly good week. "Kid Mil- lions," at the Penn, did only $12,750, by far the lowest gross ever obtained here for a Cantor film. Closed for almost a year, the Davis reopened for one week to play "The First World War" and succeeded in showing a profit at $4,000. It was figured that the film would stay a fortnight, but the general decline all over town led to its early removal. The Fulton was up a bit with "Peck's Bad Boy," getting $5,200, chiefly on children's trade. Total first run grosses were $58,650. Average is $50,000. Estimated takings for the week end- ing Dec. 6: "MARIE GALANTE" (Fox) ALVIN— (2,000), 25c-40c, 7 days. Stage: Johnny Perkins, Annette Ames, Reis and Dunn, Eames and Arno, Robbins Trio, Streamline Alvinettes, Jerry Mayhall band. Gross: $9,500. (Average, for 6 days, $10,000) "FIRST WORLD WAR" (Fox) DAVIS— (1,700), 25c-35c, 6 days. Gross: $4,000. (Average, $3,500) "PECK'S BAD BOY" (Fox) FULTON — (1,750), 15c-40c, 6 days. Gross: $5,200. (Average, $4,500) "KID MILLIONS" (U. A.) PENN — (3,300), 25c-50c, 6 days. Gross: $12,750. (Average, $12,000) "FUGITIVE LADY" (Col.) PITT— (1,600), 15c-35c, 6 days. Stage: "Cotton Club Revue" with Harriet Callo- way, George Dewey Washington, Dunn and Eddy, Red Perkins, Jenny Dancer, Four Pennies, Moore and Spencer, Cook and Brown. Gross: $5,200. (Average, $6,000) "FLIRTATION WALK" (Warners) STANLEY— (3,600), 25c-50c, 7 days. Gross: $17,000. (Average, for 6 days, $9,000) GENTLEMEN ARE BORN" (Warners) "LADY BY CHOICE" (Col.) WARNER— (2,000), 25c-40c, 6 days. Gross: $5,000. (Average, $5,000) "Prentice" Grabs $24,300, Buffalo Buffalo, Dec. 13. — It was a grand and glorious week for every one, with the Buffalo going $10,000 over nor- mal at $24,300, with "Evelyn Prentice" and Cab Calloway's band. Week-end trade was the best in three years. The Lafayette ran ads the day after Thanksgiving, apologizing to thou- sands of customers turned away from "Lady by Choice" and "Down to Their Last Yacht." Below freezing weather and wintry winds prevailed. Total first run take was $59,200. Average is $42,800. Estimated takings for the week end- ing Dec. 7 : "EVELYN PRENTICE" (M-G-M) BUFFALO— (3,500), 30c-55c, 7 days. Stage: Cab Calloway and Cotton Club Or- chestra; Aida Ward, Five Percolators, Elma Turner and Nicodemus. Gross: $24,- 300. (Average, $14,300) "PECK'S BAD BOY" (Fox) "GRIDIRON FLASH" (Radio) CENTURY— (3,000), 25c, 7 days. Gross: $6,200. (Average, $6,000) "KID MILLIONS" (U. A.) GREAT LAKES — (3,000), 25c-40c, 7 days. Gross: $11,000. (Average, $8,000) "ANNE OF GREEN GABLES" (Radio) HIPPODROME— (2,100), 25c-40c, 7 days. Gross: $8,000. (Average, $8,000) "LADY BY CHOICE" (Col.) "DOWN TO THEIR LAST YACHT" (Radio) LAFAYETTE— (3,300), 25c, 7 days. Gross: $9,700. (Average. $6,500) "Flirtation" With Show Is Detroit Wow Detroit, Dec. 13. — "Flirtation Walk" stirred up most of the box- office excitement here last week. Helped by a stage show at the Mich- igan, it piled up $29,000, which is $9,000 above normal. The showing was noteworthy, be- cause no other downtown house reached par. "Anne of Green Gables," with a vaudeville program, got off to a good start, but failed to hold the pace, and finished with $10,200. Total first run business was $59,- 800. Average is $65,000. Estimated takings for the week ending Dec. 6: "MARIE GALANTE" (Fox) "KENTUCKY KERNELS" (Radio) ADAMS— (1,770), 10c-25c-40c, 7 days. Gross: $3,500. (Average, $5,000.) "CRIMSON ROMANCE" (Mascot) (First Run) "WHAT EVERY WOMAN KNOWS" (M-G-M) (Second Run) FISHER— (2,975), 10c-30c-40c, 7 days. Gross: $6,400. (Average, $10,000.) "ANNE OF GREEN GABLES" (Radio) FOX— (5,100), 15c-65c, including tax, 6 days. Stage: The Saxon Sisters, Joe Peanuts, Serge Flash, Madge and Kay, other acts. Gross: $10,200. (Average, $15,000.) "FLIRTATION WALK" (F. N.) MICHIGAN— (4,100), 15c-65c, including tax, 7 days. Stage: Benny Davis with his Star Dust Revue; Shea and Ray- mond; Rollo Pickert and other acts. Gross: $29,000. (Average, $20,000.) "CRIMSON ROMANCE" (Mascot) (First Run) "WHAT EVERY WOMAN KNOWS" (M-G-M) (Second Run) STATE— (3,000), 10c-35c. 7 days. Gross: $5,200. (Average, $5,000.) "PRIVATE LIFE OF DON JUAN" (U. A.) UNITED ARTISTS— (2.070), 25c-50c, 7 days. Gross: $5,700. (Average, $10,000.) "Gift" with Mills Indianapolis High Indianapolis, Dec. 13. — "It's a Gift," with the Mills Brothers on the stage, piled up the heaviest gross here last week by getting $7,500 at the Circle. "Flirtation Walk" took a par $7,000 at the Indiana. "Kid Millions" was strong with $6,000, over normal by $1,500, at the Palace. Total first run business was $27,500. Average is $18,500 without the Apollo and Circle. Estimated takings for the week end- ings ending Dec. 8: "WHITE PARADE" (Para.) APOLLO— (1,171), 25c-40c, 7 days. Gross: $2,000. "IT'S A GIFT" (Para.) CIRCLE— (2,638), 25c-40c, 7 days. Stage: Mills Brothers. Gross: $7,500. "FLIRTATION WALK" (F. N.) INDIANA— (3,133), 25c-40c, 7 days. Gross: $7,000. (Average, $7,000) "I AM A THIEF" (Warners) LYRIC— (1,896). 25c-40c, 7 days. Vaude- ville. Gross: $5,000. (Average, $7,000) "KID MILLIONS" (U. A.) PALACE— (2,431), 25c-40c, 7 days. Gross: $6,000. (Average, $4,500) Warners Win Complaint Pittsburgh, Dec. 13. — Warners have won a two-for-one complaint filed in behalf of their Manos Theatre at Greensburg, Pa., against the Para- mount, Latrobe, Pa. A stop order has been issued by the grievance board. Opened by Mistake Omaha, Dec. 13. — Film salesmen returned home this week with the tale of a western Nebraska exhibitor who opened a theatre, oper- ated it for four weeks, closed it and hung out a sign that read "Opened by Mistake!" "Flirtation" Leads Pickup At Cleveland Cleveland, Dec 13. — The biggest holiday and post-holiday business in five years shot business up 66 per cent above average. Every house did plus business. "Flirtation Walk" was the best attraction, culling $19,000 as against a |6,000 average at Warners' Hipp. "Anne of Green Gables" opened to record business at the RKO Palace. "College Rhythm," "Babes in Toy- land" and "Peck's Bad Boy" all made good showings. A 10 per cent pay- ment by a closed bank and clear weather helped. Total first run business was $56,900. Average is $34,100. Estimated takings for the week end- ing Dec. 7 : "PECK'S BAD BOY" (Fox) ALLEN— (3,300), 20c-30c-40c, 7 days. Gross: $3,700. (Average, $3,000) "FLIRTATION WALK" (F. N.) WARNERS' HIPPODROME— (3.800). 30c- 35c-44c, 7 days. Gross: $19,000. (Average, $6,000) "ANNE OF GREEN GABLES" (Radio) RKO PALACE— (3,100). 30c-35c-44c, 7 days. Gross: $12,000. (Average, $10,000) "COLLEGE RHYTHM" (Para.) LOEWS STATE— (3,400), 30c-35c-44c, 7 days. Gross: $15,000. (Average. $10,000) "BLIND DATE" (Col.) WARNERS' LAKE— (800). 20c-25c, 7 days. Gross: $1,200. (Average. SI. 100) "BABES IN TOYLAND" (M-G-M) LOEWS STILLM AN— (1,900), 20c-30c- 40c, 7 days. Gross: $6,000. (Average, $4,000) "St. Louis Kid" Is Oklahoma City Hit Oklahoma City, Dec. 13. — The best comparative showing of the week was made by "The St. Louis Kid," which took $3,000, about 33 1-3 per cent over normal, at the Capitol. "Ready for Love," with a stage show at the Liberty, reached $2,000 in four days. Average for seven days is $2,500. "Straight Is the Way" took $700 for the last three days of the week. "College Rhythm" took a near $5,500 at the Warner. Total first run business was $15,400. Average is $13,500. Estimated takings for the week end- ing Dec. 8: "COLLEGE RHYTHM" (Para.) WARNER— (1,900), 10c-20c-36c-41c-56c, 7 days. Gross: $5,500. (Average, $5,000) "WHITE PARADE" (Fox) MIDWEST— (1,500), 10c-26c-36c-56c, 7 days. Gross: $4,200. "ST. LOUIS KID" (Warner) CAPITOL— (1,200), 10c-20c-26c-36c-41c, 7 days. Gross: $3,000. (Average, $2,000) "READY FOR LOVE" (Para.) LIBERTY— (1,500), 10c-15c-26c-36c, 4 days. Stage: "Rhapsody in Rhythm." Gross: $2,000. (Average week, $2,500) "STRAIGHT IS THE WAY" (M-G-M) LIBERTY— (1,500), 10c-15c-26c-36c. 3 days. Gross: $700. (Average week. $2,500) "Walk" Pulls Big $19,000, Best on Loop Chicago, Dec. 13. — "Flirtation Walk" ran away with the big money on the Loop last week by getting $19,- 000 at the Roosevelt. This tops nor- mal by $8,000. "365 Night in Hollywood" was also in the big money with a gross of $20,- 000, over the line by $5,000, at the Oriental. A. B. Marcus' "Continental Revue" helped out. "College Rhythm" took a good $5,500 in its second Loop week at the Garrick. Total first run business was $121,- 500. Average is $131,600. Estimated takings : Week Ending Dec. 4: "ANNE OF GREEN GABLES" (Radio) PALjACE— (2,509) , 25c-3Sc-50c, 7 days. Stage: Nick Lucas, Vic Oliver, Joe Mor- ris & Dorothy Ryan and others. Gross: $18,000. (Average, $22,000) Week Ending Dec. 5: "COLLEGE RHYTHM" (Para.) (Second Loop Week) GARRICK— (900), 25c-35c-40c, 7 days. Gross: $5,500. (Average, $5,000) "FLIRTATION WALK" (F. N.) ROOSEVELT— (1,591), 25c-35c-50c, 7 dayi. Gross: $19,000. (Average, $11,000) "WE LIVE AGAIN" (M-G-M) UNITED ARTISTS— (1,700), 30c-40c-60c, 2nd week, 10 days. Gross: $10,000. (Aver- age, $17,000) Week Ending Dec. 6: "LIMEHOUSE BLUES" (Para.) CHICAGO— (4,000), 25c-35c-68c, 7 days. Stage: Buddy Rogers & Cavaliers, Jeannie Lang, Emily Losen Red Harbour, 3 Rhythm Rascals. Gross: $31,000. (Average, $34,600) "36S NIGHTS IN HOLLYWOOD" (Fox) ORIENTAL— (3,940), 25c-40c. 7 days. Stage: A. B. Marcus' "Continental Revue," Gross: $20,000. (Average, $15,000) Week Ending Dec. 7: "WHAT EVERY WOMAN KNOWS" (M-G-M) APOLLO— (1,400), 25c-35c-50c. 2nd week, 7 days. Gross: $5,000. (Average, $12,000) Week Ending Dec. 8: "AGE OF INNOCENCE" (Radio) STATE -LAKE— (2,776), 20c-25c-35c, 7 da vs. Stage: "In Honolulu," with Princess Ahi. Gross: $13,000. (Average, $15,000) "Bike Rider" Gets $ 14,500, Montreal Montreal, Dec. 13. — Local fans are continuing with their film-shopping before getting into the Christmas scramble and the first run houses scored a good week. Loew's was on top to the extent of $14,500 with "Six- Day Bike Rider" and Thurston on the stage, while "We Live Again" brought $8,500 to the Princess. Second week of "The Merry Widow" at the Palace meant $8,500, as against $14,000 for the first week. "College Rhythm" clicked at $10,000 at the Capitol. Total first run business was $45,000. Average is $40,500. Estimated takings for the week end- ing Dec. 8: "COLLEGE RHYTHM" (Para.) "MENACE" (Para.) CAPITOL— (2,547), 25c-35c-40c-50c-60c. 7 days. Gross: $10,000. (Average, $9,500) "THE GREAT DEFENDER" (British) IMPERIAL— (1,914), 15c-25c-35c, 7 days. Stage: "Teatime in London." Gross: $3,500. (Average, $3,500) "SIX-DAY BIKE RIDER" (F.N.) LOEW'S— (3,115). 30c-4Oc-45c-57c-75c,_ 7 days. Stage: Thurston, the Magician. Gross: $14,500. (Average. $10,500) "THE MERRY WIDOW" (M-G-M) PALACE— (2,600), 30c-34c-40c-50c-65c, 7 days, 2nd week. Gross: $8,500. First week: $14,000. (Average, $11,000) "WE LIVE AGAIN" (U.A.) "THAT'S GRATITUDE" (Col.) PRINCESS — (2,272), 30c-35c-50c-65c, 7 days. Gross: $8,500. (Average, $6,000) "Jn iffattlj ana Hop* % H&atib mill Itaagree, l«t all JHankmiTH (Emtrrrn ta (Eljarttg." — Pope A^^P A will not be found wanting in her heritage. Those irrepressible, indispen- sable men and women of the craft are sacred to their trust . . . AMPA's fine membership body is mar- shalling every force to help those unfortu- nate people of the picture business who are still swirling in that relentless vortex of adversity . . . Ironically enough, after five long heart- breaking years, there are many who yet find themselves buffetted about in the economic holocaust. Their need, their privations, their human suffering are our moral con- cern . . . These few nights before Christmas, a poignant aura of sentiment and sympathy transcends everything we do. It is the twi- light period of philosophical retrospection. Man ponders the thought as he looks upon his stricken brethren, " — there but for the grace of God, am I." Hearts soften. Pocketbooks open. A whole industry becomes charity conscious. Humanity is marching towards that brother- hood of mankind. It is no longer a question, "Will you give?" — but rather, "How much." AMPA is diverting her charitable efforts this year to the needs of the MOTION PICTURE CHARITIES' FUND. All the proceeds will go towards that agency of relief and sustenance . . . There is a strong, united front to stem the tide of distress. Everybody is dedicating a few financial sacrifices to that sympathetic task which lies before us all. The intensive drive is gathering force . . . The dramatic climax to this humanitarian effort will be reached the afternoon of December 20th, at AMPA's annual Christ- mas Dinner, Hotel Astor. It'll be the Yule- tide occasion when sympathy, service and intra-industrial good-fellowship will be blended together in spiritual happiness . . . Powerful production and distribution per- sonalities, great box-office names and executives at the helm of the industry's destinies will attend, for "all mankind's con- cern is charity." In the meantime, make your donation today however small it might be. Mail check to Paul Benjamin, AMPA Treasurer, 630 Ninth Avenue. A thousand thanks for your generosity . . . — and God bless you! • ft SHIRLEY ITEMPLE MO M'S COMEDY SMA \ n 1 STARRI NG RAY WALKER ARLINE JUDGE wi ith JIMMY F AY GEORGE E. STONE • Directed by JOSEPH SANTLEY A BEN VERSCHLEISER Production Story and Screen Play by Joseph Santley The Leading Motio Picture Industry MOTION PICTURE DAILY Alert, Intelligent the In in All Branches VOL. 36. NO. 141 NEW YORK, SATURDAY, DECEMBER 15, 1934 TEN CENTS MPTOA Meet, Feb. 25-27, Set for N. O. Code Problems, Congress Attitude to Come Up Annual convention of the M.P. T.O.A. will be held in New Orleans on Feb. 25-27, Ed Kuykendall, presi- dent, stated yesterday. The three- day session will end a day before the Mardi Gras, giving convention- ites opportunity to attend the out- door show. In addition to annual elections at which Kuykendall is expected to be continued as head of the national or- ganization, amendments to and re- opening of the code will be discussed at some length. Principal topic which will concern conventioneers will be Congress' at- titude toward the industry, especially (Continued on page 4) Academy as Whole To Vote on Awards Hollywood, Dec. 14. — The Acad- emy awards committee has set Feb. 27 as the date for presentation of the annual awards. Nominations for the best picture have been raised from eight to 12 and the entire Academy will be per- mitted to make a choice from these 12, instead of confining the choices to the producer branch. Nominations and elections for in- dividual achievements in other branches will be confined to the branches, as in the past. Clearance Goes Back to Boards as Campi Ponders M-G Pictures '34 Net About Triples 1933 Net profit of Metro-Goldwyn Pic- tures Corp. for the year ending Aug. 31 was almost three times as high as it was the previous year. This year's total, after Federal taxes, de- preciation and amortization, was $4,- 702,257.71. Last year it was $1,326,- 827.11. Total assets are up by $4,542,811 over the previous year, the latest fig- ure being $45,160,771.85. Earnings per share on the pre- ferred stock were $31.26 as com- pared with $8.65 the previous year. Dividends paid on the preferred to- taled $289,620.06. On the common the total was $3,500,000. Net operating income of the com- pany for 1934 was $31,175,696.70. (Continued on page 2) G. B. Regime Of U.K. Chain Under Probe By BRUCE ALLAN London, Dec. 14. — Stormy scenes today at a meeting of stockholders of General Theatres when severe critics of Gaumont British manage- ment came to light resulted in consent of Mark Ostrer to appointment of a committee to probe the management. Because General Theatres has fall- en in arrears on dividend payments, control of the company has passed to holders of preference shares, this cir- cumstance at the same time blocking all discussions of Gaumont's scheme of reconstruction for the company. Personnel of the committee which the preference stockholders demanded will be comprised of members of in- vestment trusts and insurance compa- (Continued on page 4) Ohio Tax Program Set After 2 Years Columbus, Dec. 14.— The 90th General Assembly — the longest in the known history of Ohio — ended this week after passing a bill by Senator W. H. Herner, which the governor (Continued on page 4) Tibbett Engaged by Zanuck for 5 Years Hollywood, Dec. 14. — Darryl Za- nuck has signed Lawrence Tibbett to a five-year starring contract to ap- pear exclusively in 20th Century pro- ductions, with "Sing, Governor, Sing," conceived by Nunnally John- son, as the initial film. National Film Carriers, Inc., guarantee dependable delivery. — Adv. Local Problems Will Be Met While Schedules Are Debated With Campi members admittedly agreed that none of the schedules sub- mitted can be approved and adopted for some time, the only immediate solution to clearance and zoning prob- lems is for exhibitors to continue fil- ing individual protests against com- petitors with local boards, it is stated officially. By this method, local prob- lems on clearances will be given im- mediate hearings, following which ap- peals may be taken if so desired. Code Authority members point to the record of local boards and appeals' committees as indicating that for the time being this is the quickest method of relief. In cities where schedules have been submitted, boards have re- fused to listen to protests on clear- ances on the ground that decisions would conflict with final schedules, if, and when, passed by Campi. But, sjnce it is agreed that no sched- (Continued on page 4) Aylesworth Envisions Color; Pu blic Relations Idea, Latest By FRED WEHRENBERG President, M. P. T. O. St. Louis, Eastern Missouri and Southern Illinois St. Louis, Dec. 14. — Exhibitors throughout the country will welcome the New Year with pomp and pageantry i n celebration for the return of good old days when it was more or less a pleasure to be in the show business. With picture product that will attract every member of the family to the _t h e a t r e s, carefully planned advertising, and an (Continued on page 2) By M. H. AYLESWORTH President, RKO Corp. I think that the industry is making better pictures and we should have better grosses for 1935. I believe that the movement for cleaner pic- tures has been and will be of great benefit to the industry. While I am fully aware that these move- ments are al- ways carried to extremes, never- theless^ general movement of this character has compelled us to use our ingenuity to build finer pictures which we know can be clean and still inter- (Continued on page 2) Huffman Will Defy Ban on Giveaways Denver, Dec. 14.— Harry Huff- man is determined to test the power of Code Authority to ban giveaways. He says he will carry the case to the U. S. Supreme Court on constitu- tional grounds if any attempt is made to cut off his film service here as a result of defiance of Campi's orders. Several days ago Code Authority ruled in favor of upholding an order (Continued on page 4) Consolidated Sets Deal for "U" Work Hollywood, Dec. 14. — Following a three-day meeting between Carl Laemmle, Sr., R. H. Cochrane and Willard S. McKay, representing Universal, and Herbert J. Yates, Ben (Continued on page 2) Asserts Invention Ends Flywheel Use Topeka, Kan., Dec. 14. — Elimina- tion of the flywheel and improvement of equipment now in use is claimed by John F. Meek, operator at the (Continued on page 4) MOTION PICTURE DAILY Saturday, December 15, 1934 MOTION PICTURE DAILY (Registered U. S. Patent Office) Vol. 36 December 15, 1934 No. 141 Martin Quigley Editor-in-Chief and Publisher MAURICE KANN ^g. Editor JAMES A. CRON Advertising Manager Published daily except Sunday and holi- days by Motion Picture Daily, Inc., sub- sidiary of Quigley Publications, Inc., Martin Quigley, President; Colvin Brown, Vice-President and Treasurer. Publication Office: 1790 Broadway, New York. Telephone Circle 7-3100. Cable ad- dress "Quigpubco, New York." All con- tents copyrighted 1934 by Motion Picture Daily, Inc. Address all correspondence to the New York Office. Other Quigley pub- lications: MOTION PICTURE HERALD, BETTER THEATRES, THE MOTION PICTURE ALMANAC and THE CHI- CAGOAN. Hollywood Bureau: Postal Union Life Building, Vine and Yucca Streets, Victor M. Shapiro, Manager; Chicago Bureau: 407 South Dearborn Street, Edwin S. Clif- ford, Manager; London Bureau: Remo House, 310 Regent St., London, W. 1, Bruce Allan, Representative. Cable address: "Quigpubco, London"; Berlin Bureau: Berlin - Tempelhof , Kaiserin - Augustastrasse 28, Joachim K. Rutenberg, Representative; Paris Bureau: 19, Rue de la Cour-des- Noues, Pierre Autre, Representative; Rome Bureau: Viale Gorizia, Vittorio Malpassuti, Representative; Sydney Bureau: 102 Sus- sex Street, Cliff Holt, Representative; Mex- ico City Bureau: Apartado 269, James Lockliart, Representative; Glasgow Bureau: 86 Dundrennan Road, G. Holmes, _ Repre- sentative; Budapest Bureau: 3, Kaplar-u, Budapest, II, Endre Hevesi, Representa- tive; Moscow Bureau: Civtzev Vrazhek, N. 25, Apart. 146, Moscow, U. S. S. R., Bella Kashin, Representative. Cable ad- dress: "Samrod, Moscow." Entered as second class matter, January 4, 1926, at the Post Office at New York City, N. Y., under Act of March 3, 1879. Subscription rates per year: $6 in the Americas, except Canada $15 and foreign $12. Single copies: 10 cents. Aylesworth Envisions Color; Public Relations Idea, Latest By FRED WEHRENBERG (Continued from page 1) honest effort on the part of every ex- hibitor to select balanced programs, grosses will mount to the higher brackets. Steps should be taken early in 1935, it strikes me, for every exhibitor to put in practice a program of public relations between their employees and patrons. Public relations as practiced by big industries, have, in my opinion, played a most characteristic part in pushing the depression around the proverbial corner. If this public relations plan . is adopted and practiced by exhibitors there will be much rejoicing when turkey day rolls around in 1935. Consolidated Sets Deal for "U" Work (Continued from page 1) Goetz and Ralph Poucher, represent- ing Consolidated Film Industries, it has been agreed that Consolidated will again take over all of Univer- sale film processing shortly after Jan. 1. Consolidated will do the developing and printing both for rush and re- lease prints for the next two years. Final details will be worked out and signed when Cochrane, McKay, Yates and Poucher, who left on the Chief last night, reach New York. Universal's laboratory will be closed. It may be leased to outside enterprises. The plant cost about $250,000 and has 80 employes who are now out of jobs. Reasons for the deal were not divulged, but tie in with a $600,000 indebtedness due Yates on Jan. 1. Gulick Loses Mother Death yesterday claimed the mother of Paul Gulick, director of publicity for Universal. Mrs. Gulick lived with her daughter, Mrs. Frost, at Pitts- ford, Vt., had been ill for a few days and finally succumbed to pneumonia. She was 81. Gulick is on his way to the Ver- mont town where the funeral will be held tomorrow afternoon. Powers May Make 26 P. A. Powers plans to produce a minimum of 13 and possibly 26 Comi- Color shorts during 1934-35. He made 13 this season, an increase of seven from 1932-33. Powers planned to leave today for Mexico City on a month's business and vacation trip, but has postponed the trip until later. By M. H. AYLESWORTH (Continued from page 1) esting. The machinery at the coast, with the seal of the industry on each picture before release, is a guarantee of good product which will be accept- able to the people as a whole. I think it is the duty of the Motion Picture Daily and other responsible trade papers to help us maintain the high level we have reached in the last six months. I believe the next great step forward to retain audience in- terest, along with the necessary pro- gress in a progressive field like the motion picture industry, will be the development of "natural" or real color to motion pictures. I am of the opin- ion that 1935 will show distinct progress in this direction and now that the "bugs" are being eliminated in the color process, we will see a rapid development in the direction of color. Surely it will be the most progres- sive step taken in motion pictures since the change from silent to sound motion pictures. M-G Pictures Net About Triples 1933 (Continued from page 1) Miscellaneous income reached $234,- 737.22. Amortization of negative and positive totalled $25,786,662.73, and $484,109.97 was allowed for deprecia- tion. Federal taxes were $437,403.51, leaving the net at the figure stated above. Palmer Appeals for Probe Into Fox Met Charging that Halsey, Stuart & Co dominated Fox Metropolitan Play- houses immediately prior to its re- ceivership in 1932 and now dominates Fox Met reorganization activities through an alleged control of the bondholders' committee, Archibald Palmer, counsel for independent bond- holders, asked leave of the U. S. Cir- cuit Court of Appeals yesterday to examine officers of the bondholders' committee. Palmer charged that during the bankruptcy proceedings, Fox Met bonds were purchased by the commit- tee "to its own profit in the course of a reorganization." Palmer is ap- pealing from an order of U. S. Dis- trict Court Judge Julian W. Mack denying him leave to examine com- mittee members. William L. Bainton, of counsel for the Fox Met bondholders' committee, opposed the examination on the ground that it was not proper in a reorganization proceeding. He stated, however, he would not oppose an ex- amination of officers of Fox Met who, Palmer alleged, were also affiliated with Halsey, Stuart. Decision on Palmer's appeal was reserved by the court. Prudential Circuit Moves Prudential theatre circuit yester- day moved from 630 Ninth Ave. to the Paramount Bldg. Rosenblatt cir- cuit moves Tuesday. Book Wrestling Short Publix Great States circuit in Illi- nois has booked First Division's short on the Londos-Shikat wrestling match. U. A. Theatres Cut Loss The United Artists Theatre Cir- cuit, Inc., and subsidiaries, for the year ended Aug. 31 showed a net loss of $126,703 after depreciation, amortization, readjustments, expenses and other charges. Last year's corresponding report showed a loss of $358,902. Grainger West Again James R. Grainger, general mana- ger of distribution for Universal, left for the coast yesterday where he pro- poses discussing the status of the company's release schedule with Carl Laemmle, Sr. He will spend the week-end and Monday in Chicago on "U's" deal with B. & K., stop off at Kansas City on Tuesday and then strike for California. Mrs. Grainger accompa- nied him. Together, they will spend the holidays with their son, Edmund, a Universal associate producer. "U" Gets Marthe Eggerth Hollywood, Dec. 14. — Universal has signed Marthe Eggerth, Hun- garian operatic and musical comedy star. She will come to America in the spring. Better Tone on Big Board High Low Close Columbia Pictures, vtc 3954 3854 3854 Consolidated Film Industries ty& 4J4 454 Consolidated Film Industries, pfd 1S54 1856 Eastman Kodak 11154 HO 11054 Fox Film "A" 13% 1354 1354 Loew's, Inc 3554 34% 35 Loew's, Inc., pfd 104 104 104 Paramount Publix, cts 354 354 354 RKO 254 154 2 Warner Bros 444 4!4 4% Warner Bros., pfd 2354 21% 23 Net Change +154 + % - % + % + % + % + 54 + % + % +2 Technicolor Slumps % on Curb Technicolor Trans Lux High . 1354 . 2% Low 13 Close 13 2% Net Change Para. Publix Bonds Up 7% Points High Low Close General Theatre Equipment 6s '40 8% 8% 8% General Theatre Equipment 6s '40, ctf 854 854 854 Keith B. F. 6s '46 6554 6554 6554 Loew's 6s '41, ww deb rights 104% 10454 10454 Paramount Broadway 554s '51 4456 44% 445-6 Paramount F. L. 6s '47 65 6354 64J4 Paramount Publix 554s '50 65 6354 65 Warner Bros. 6s '39, wd 5954 59 59J4 Net Change + % + 54 + -H% - 54 Sales 400 300 2,800 1,200 1,000 5,700 100 9,300 61.500 3.400 18,000 Sales 500 200 Sales 2 3 2 4 1 16 87 9 Thomas, Garyn Off On a Business Trip Harry H. Thomas, president of First Division, and Walter P. (Pat) Garyn, western sales manager for the "March of Time" series, left for Chi- cago yesterday. From Chicago they will go to Detroit where Garyn will leave Thomas and return to Chicago. From the Windy City Garyn will go to Des Moines, Omaha, Kansas City, St. Louis and then back to New York, the trip taking two weeks. Thomas returns to New York from Detroit where he will witness the opening of the new First Division ex- change under management of Milton Cohen. While in Chicago, Thomas will confer with Elliman on the com- pany's exchange in that city. Win Exploitation Prizes Al Sindlinger, manager of the Ap- pleton, Appleton, Wis., has won first prize of $500 in the national exploita- tion contest on Warners' "Six-Day Bike Rider." Second prize, $250, has gone to William Hendricks, Warner, Memphis; third, $150, E. M. Hart, Oxford, Plainfield, N. J.; fourth, $100, Walter Akin, Melba, Dallas. The prizes were awarded by the Quaker Oats Co., which sponsored the contest jointly with Warners. Dr. Greenfield Resting Dr. Leon Greenfield, who operates the Paras-Court, Gloria and Boro Hall in Brooklyn, left for Lakewood last night on doctor's orders. Dr. Greenfield has been ill for the last few weeks and had been resting at the New Jersey resort when called back a few days ago. The Boro Hall re- opens in about 10 days. Feldstein to St. Louis Detroit, Dec. 14. — William Feld- stein, for several years state salesman here for United Artists, has been pro- moted to manager of the St. Louis branch and leaves Monday to assume his new duties. He is succeeded here by I. Weingarten. The Most TRUSTWORTHY STELLAR acting... inspired direction . . . superb camera technique . . . should these elements of a hit ever be jeopardized by use of any but the most dependable film? Unmatched scientific research, manu- facturing experience, and distributing facil- ities... brilliant performance every day, all over the world... these factors all point to Eastman Super-Sensitive "Pan" as the most trustworthy negative for any picture. Eastman Kodak Company, Rochester, N. Y. (J. E. Brulatour, Inc., Distributors, New York, Chicago, Hollywood.) EASTMAN Supersensitive Panchromatic Negative MOTION PICTURE DAILY Ohio Tax Program Set After 2 Years Clearance Goes Back to Boards as Campi Ponders (Continued from page I) signed, increasing tax on income- producing intangibles from five to six per cent. The bill previously had been passed by the House. It is esti- mated that this one per cent increase will yield approximately $1,500,000, which is the estimated equivalent of the revenue that would have been de- rived from the income tax. It will be in effect for one year, the same pe- riod allotted the sales tax. Passage of the Herner bill was a compromise on the defeat of the in- come tax by the Senate and was de- signed to offset the burden of the sales tax on those of moderate means. Governor White had issued an ulti- matum that he would veto the sales tax (passed by both the House and Senate) unless the income tax or its equivalent were passed by the upper chamber. Under the new setup, exhibitors will pay the state approximately $1,- 000,000 a year, instead of $3,000,000 as heretofore. Exhibitors have agreed to absorb the three per cent tax, it is authoritatively stated. The sales tax, normallv would be effective Jan. 1, but will not be placed in operation for about 30 days, the length of time necessary to place the collection machinery in motion. MPTOA Meet Is Set For N.O. Feb. 25-27 (Continued from page 1) in view of reports of an impending bill for elimination of block booking. Congress will have been in session nearly two months by the time the convention is held, it is stated, and its attitude toward the industry will be evident at the end of February. Kuykendall leaves on Monday for Washington where he may confer on block booking. On Dec. 19-20, he will attend public hearings on amend- ments to the code before Compliance Director Sol A. Rosenblatt. The open hearings will be on vaudeville amendments, elimination of the lease clause and the amendment on hiring theatre employes. After the capital sessions, Kuykendall will go to Columbus, Miss., to spend Christmas at home. Fire Causes Damage To Strand on B'way The Strand was forced to close early last night when the roof of the theatre caught fire. A man was in- jured. Besides the roof, the balcony and projection booth suffered damage. It was said late last night the house was not expected to open today. Pa. M. P. T. O. Meet Set Philadelphia, Dec. 14. — The an- nual meeting and election of officers of the M. P. T. O. of Eastern Penn- sylvania, Southern New Jersey and Delaware has been set for Dec. 28 at the Hotel Adelphia. Cardiff Giant to Travel The Cardiff giant will be used by United Artists to exploit "The Mighty Barnum." The hoax P. T. made fa- mous will start a tour of key cities in Boston on Dec. 17. (Continued f ule faces immediate approval, local boards will now accept complaints covering protection so that exhibitors with clearance grievances can be heard without undue delay. According to official records, 1,689 clearance and zoning and grievance cases have been heard by the 64 boards since May. Of this total, 637 involved clearance and zoning. With 329 appeals filed to date, of which 280 have been disposed, it is figured that less than 20 per cent of the total num- ber of more clearance and grievance cases have been up for rehearing, in- dicating local boards are doing busi- nesslike job. Code Authority members take the stand that no schedule will be ap- proved unless it is fair to all con- cerned. So far none of the various plans has come up to expectations. The job of writing schedules is easy, according to codists, but making it legal is another matter. All out- lines submitted have had price-fixing clauses, either penalizing exhibitors by setting back protection where admis- sions are reduced or by automatically designating time of release for certain type houses. This is considered un- fair to some exhibitors, while dis- tributors maintain that under these Bombings in Boston Held Work of Union Boston, Dec. 14. — E. M. Loew told Motion Picture Daily today he might be quoted as directly and def- initely blaming the M. P. Operators' Union for the bombing here Wednes- day of the Tremont and Majestic, belonging to the circuit bearing his name. "This is the answer of the union to President Roosevelt's plea to stop crime," he said. Morton Lieberman, executive of the Lieberman circuit, which operates the two bombed houses, also told Motion Picture Daily when asked if the houses would continue to use employes belonging to the Knights of Labor, a nonaffiliate of the A. F. of L. "You're right we are. We won't be forced into anything." Both circuits declare they will not be intimidated. Lieberman claims business at the bombed Tremont has been above nor- mal since the outrage. Detroit's Downtown Houses Cut Scales Detroit, Dec. 14. — First-runs are cutting scales this week. The new scale is as follows : opening to 2 P. M., 25 cents; 2 P. M. to 6:30 P. M., 35 cents; after 6 P. M., 55 cents. This is a cut of 10 cents in the opening and evening prices and of five cents in the matinee prices at the Fox and Michigan, with the same afternoon cut at the United Artists, which main- tains its night price of 55 cents. Subsequent runs predicted that the cut would bring about a price war, especially the second and key run theatres, whose operators said they probably would go from 25 cents to 20 or 15 cents. rom page 1) provisions the power to sell protection is taken away. The distributors' angle was brought up again Thursday when Loew's pro- tested the New Haven schedule on the ground that it had bought protec- tion for the College, which was de- nied by the local board and in the final schedule submitted. The theatre, a second run house, bought protection over all New Haven, but, according to the plan, Loew's couldn't even day- and-date pictures. The Kansas City schedule has been before Campi at five different hear- ings and efforts to map out a work- able plan have met with little success. It will be brought up again on Dec. 27, but it is doubtful whether an agree- ment will be reached. The New Haven outline has been discussed by Code Authority four times ; Buffalo, three, and Los An- geles, three. Efficacy of the individual protest is particularly evident in territories like New York, New Jersey, Cleveland and Philadelphia where no schedules were drawn. In these selling centers, exhibitors have been settling clearance problems before local boards. In many instances appeals have been taken, especially in New York and New Jersey, with quick dispositions resulting. Better Film Trade In Japan Predicted Better times for the industry in Japan next year were predicted yes- terday by Lipton Astrachan, manag- ing director there for Universal, who based his belief not only on the up- turn in business but on the fact that the quality of American product is improving. Grosses the past year have shown a gain of 20 per cent in Japan, according to Astrachan. Japanese fans demand action above everything else, asserted Astrachan, who added that American producers desiring to advance their interests in Japan ought to "cut down on dialogue and make pictures that move instead of talking pictures." Smith Calls Session Of Catholic Council A meeting will be called next week by Alfred E. Smith, chairman of the new Legion of Decency Council of the Catholic archdiocese of New York. The purpose is to advise the local clergy in their drive on objectionable films and to devise some method of collecting the 350,000 pledges to stay away from unclean films which have been distributed among Catholic churchgoers here. The new committee, of which Smith is chairman, was appointed by Cardi- nal Hayes. All counties in the arch- diocese will be represented on the council. Fire at Jersey House The Monticello, Jersey City, yester- day suffered $5,000 damage from a fire believed started by thieves. Saturday, December 15, 1934 G.B. Regime of U.K. Chain under Probe (Continued from page 1) nies who will investigate General's financial condition, its accounts and the Gaumont plan for its rehabilita- tion. Today's meeting, therefore, ad- journed until the committee reports. Prior to the meeting, however, the air was surcharged with rumors of General Theatres associating either with John Maxwell of B.I.P. or Lord Beaverbrook, once in the exhibi- tion business through Provincial Cinematograph Theatres, Ltd., which Gaumont British subsequently pur- chased. Both men were reported to be angling for the entire issue of pref- erence shares, but confirmation or any admission that a deal was on has not been forthcoming. Outstanding are 1,250,000 shares of seven and one-half per cent cumula- tive preference stock. Huffman Will Defy Ban on Giveaways (Continued from page 1) of the local grievance board for stop- page of the practice, but Huffman says he will continue and will start his court fight if and when the board orders his film stopped. The usual procedure in a case of this kind is for the board to summon all parties to a case to prove non-compliance with an order. Flinn to Buffalo on Clearance Problems Executive Secretary John C. Flinn leaves for Buffalo tonight to meet with local exhibitors and code board mem- bers on the clearance and zoning schedule. Campi recently sent back the plan when it was found that all of the 12 basic principles had been disregarded. Flinn will return Monday night and on Tuesday evening will leave for Washington to, attend the public hear- ing on code amendments on Wednes- day and Thursday. Chicago Clearance Cases Being Heard Chicago, Dec. 14. — The local clear- ance and zoning board has begun hearing individual protests following withdrawal of the clearance schedule originally framed. At the first hear- ing in the case of the Lexington against the Lawndale the board ruled that the clearance held by the Lawn- dale over the Lexington on certain company products was unfair. Asserts Invention Ends Flywheel Use (Continued from page 1) Princess, for a sound projector he has patented. An eastern projector man- ufacturer is negotiating for rights to the development, according to the in- ventor. A projectionist of 25 years sand- ing, Meek claims his invention will lower the cost of manufacturing equipment by $100 each. His inven- tion substitutes three parts for the 19 parts now in use and incorporates an entirely new principle in feeding the film, he says. The Leading rap Motion^ Picture Industry MOTION PICTURE DAILY Alert, Intelligent the I in All Branches VOL. 36. NO. 142 NEW YORK, MONDAY, DECEMBER 17, 1934 TEN CENTS Films Skidded In 1930, Tax Figures Prove Other Industries' Peaks Were in '27 and '28 By CLARENCE LINZ Washington, Dec. 16. — Effects of the depression upon the film industry are graphically depicted in statistics of income for 1932 made public tonight by the Internal Revenue Bureau. Comparison of the bureau's figures with those for previous years shows that the industry was at a peak in 1930, whereas manufacturing indus- tries generally reached their highest levels in 1927 'and 1928. While the tax figures accurately portray conditions in industry, they are not complete surveys since they cover only the operations of corpora- tions. No breakdown by industries is made of the individual returns. The records show that 291 produc- ing corporations filed income returns (Continued on page 3) Warners to Rename Officers Tomorrow No changes in the executive per- sonnel will be made at the Warners' board of directors meeting which will be held tomorrow at the company's home office. Albert Warner will pre- side in the absence of Harry M. War- ner, who left for the coast Friday ac- companied by Jacob Wilk, S. Charles Einfeld and A. W. Smith. Officers to be reelected are : Harry Warner, president : Albert and Jack (Continued on page 3) Wisconsin Men Act Soon on New Setup Milwaukee, Dec. 16. — Exhibitors of the state are to act on proposed by- laws and a constitution for new In- dependent Theatres Protective Ass'n. for Wisconsin and Upper Michigan at a meeting to be held at the Hotel Plankington Dec. 19. Coast Production Gains; 41 in Work Hollywood, Dec. 16. — Production for the week just closed showed a decided increase with 41 features and four shorts before the cameras as against 36 and three for the week previous. Added to this upward trend (Continued on page 12) Selective Buy Ruling Stirs Interest Here Confusion Results from Kutinsky Situation Although some confusion exists in local exhibitor circles as a result of a decision handed down last week by the New York grievance board, exhibitors have the right to buy selective con- tracts, it is stated at Campi headquar- ters. The dispute arose when Morris Ku- tinsky, operating the Community, Queens Village, L. I., argued his over- buying complaint against A. H. Schwartz's Queens, Queens Village. According to his selective contracts, Schwartz bought 212 films, his re- quirements calling for 208, which. (Continued on page 12) New Film Council To Meet Thursday The New York Council of the Le- gion of Decency will hold its first meeting Thursday at a luncheon at the Empire State Building. Alfred E. Smith, chairman, will preside. The former governor has been silent on proposed plans of the council and (Continued on pane 4) Tough Problem Lincoln, Dec. 16.— The Bet- ter Films Council here has a problem. Three months ago it was suggested that the name be changed to M. P. Research Council. The propo- sition has been debated at each monthly meeting since. The latest meeting voted for postponement of the vote another month. All other business, except the reading of the minutes, has been shelved for this important move. FWC Hearing Comes Up in Court Today Los Angeles, Dec. 16. — Recom- mendation on the sale of Fox West Coast to National Theatres by Referee Earl E. Moss comes before Judge James in the U. S. District Court tomorrow. So far only two objectors to the reorganization plan are on record. They are Marshall Square Theatres, (Continued on page 12) Chicago Conspiracy Charge Up Tomorrow Conspiracy charges against all major distributors by the Rosewood, Chicago, will be heard by a Campi appeal com- mittee tomorrow. W hen the original complaint was (Continued on page 12) Goldwyn and Lichtman Are For Sending Up Admissions By AL LICHTMAN Vice-President, General Manager, United Artists Producers are trying to make better pictures and I think the pictures of 1934 are ample proof of their effort to do so. However, as to grosses, that depends entirely upon admission prices. Admis- sion prices are entirely too low generally throughout the country and the first-run thea- tres are the most severely affected by the drop down of admission prices. If not (Continued on page 4) By SAMUEL GOLDWYN United Artists Producer Hollywood, Dec. 16. — What about 1935 for the industry? As I see the trend now, we are gradually heading back where we started from, 22 years ago — right back to th e nickel- odeon ! You have only to read the daily news- papers to see that my state- ment is not far-fetched. I read in one of the Los Angeles papers that the Criterion here is going to (Continued on page 4) Para. Groups Desire Naming Of Full Board Delay Approval of Plan Pending Selections Declaring that the success of the Paramount Publix reorganization plan is so largely dependent upon the man- agement of the company, leading credi- tors' groups in the reorganization have advised Paramount that they will not give formal approval to the plan until the remaining members of the new board of directors have been definitely selected, it was learned Saturday. The stockholders' protective com- mittee of which Duncan A. Holmes is chairman so advised the holders of certificates of deposit late last week. In addition, various debenture and merchandise creditors' committees are understood to have taken the same position. These committees, it is stated, while in agreement on the con- tents of the plan in so far as pro- visions for claims settlements are con- cerned, have not given their formal approval yet. The Paramount plan provides for the selection of a board having a mini- mum membership of 12 and a maxi- mum of 20. Only nine members have been definitely selected to date. Em- phasizing the importance of the board's (Continued on page 4) Reisenfeld Has Plan For an Arty Circuit Hollywood, Dec. 16. — Dr. Hugo Reisenfeld and the men associated with him in the reopening of the Filmarte on Christmas day are planning a cir- cuit of arty houses if this ones goes over. With Abe Mayer and Ira Simmons, Dr. Reisenfeld has formed the Fil- marte Distributing Co. Spots where they propose to expand are San Fran- cisco, Portland and Seattle. Radio's Free Shows Up at Meeting Soon Campi's committee on unfair com- petition, appointed recently, is ex- pected to hold a meeting shortly with (Continued on page 12) Strand Dark a Week For Fire Repairing The Strand, closed by fire early Friday night, will not be reopened for another week or 10 days, it was stated (Continued on page 4) MOTION PICTURE DAILY Monday, December 17, 193* MOTION PICTURE DAILY (Registered U. S. Patent Office) Vol. 36 December 17, 1934 No. 142 Martin Quigley Editor-in-Chief and Publisher MAURICE KANN Editor 'iJi JAMES A. CRON Advertising Manager Published daily except Sunday and holi- days by Motion Picture Daily, Inc., sub- sidiary of Quigley Publications, Inc., Martin Quigley, President; Colvin Brown, Vice-President and Treasurer. Publication Office: 1790 Broadway, New York. Telephone Circle 7-3100. Cable ad- dress "Quigpubco, New York." All con- tents copyrighted 1934 by Motion Picture Daily, Inc. Address all correspondence to the New York Office. Other Quigley pub- lications: MOTION PICTURE HERALD, BETTER THEATRES, THE MOTION PICTURE ALMANAC and THE CHI- CAGOAN. Hollywood Bureau: Postal Union Life Building, Vine and Yucca Streets, Victor M. Shapiro, Manager; Chicago Bureau: 407 South Dearborn Street, Edwin S. Clif- ford, Manager; London Bureau: Remo House, 310 Regent St., London, W. 1, Bruce Allan, Representative. Cable address: "Quigpubco, London"; Berlin Bureau: Berlin - Tempelhof , Kaiserin - Augustastrasse 28, Joachim K. Rutenberg, Representative; Paris Bureau: 19, Rue de la Cour-des- Noues, Pierre Autre, Representative; Rome Bureau: Viale Gorizia, Vittorio Malpassuti, Representative; Sydney Bureau: 102 Sus- sex Street, Cliff Holt, Representative; Mex- ico City Bureau: Apartado 269, James Lockhart, Representative; Glasgow Bureau: 86 Dundrennan Road, G. Holmes, Repre- sentative; Budapest Bureau: 3, Kiplar-u, Budapest, II, Endre Hevesi, Representa- tive; Moscow Bureau: Civtzev Vrazhek, N. 25, Apart. 146, Moscow, U. S. S. R., Bella Kashin, Representative. Cable ad- dress: "Samrod, Moscow." Entered as second class matter, January 4, 1926, at the Post Office at New York City, N. Y., under Act of March 3, 1879. Subscription rates per year: $6 in the Americas, except Canada $15 and foreign $12. Single copies: 10 cents. Goetz Arrives Tomorrow Harry Goetz of Reliance returns from England tomorrow, having lined up Robert Donat for one picture while abroad. He also signed another star, whom he will make public on his arrival. Edward Small, Sam Wood, Lillian Hellman and Louis Weitzenkorn left for the coast Saturday. Wood, who has been working on an original story, will complete preparations on the coast in a few weeks when production will start at Pathe Studios. After the original, Wood will return east for additional talent Reliance has been negotiating for several weeks. "Melody Lingers On" will be Wood's second for Reliance. Empire Plans Full List Empire Film Distributors, Inc., recently formed with Roman Rebush at its head, has plans to supply a full year's program for affiliated ex- changes. Fifteen pictures for two pro- ducing units — Mayfair. Pictures Corp. and Kinematrade, Inc. — are on the schedule now, it is stated. }2.000,O0O SPECTACLE | ail f-"f'tt> ' FOR RIGHTS AND BOOKINGS APPLY Eureka Prod. Inc. 723 7th Ave., N.Y.C. Insiders' Outlook pURRENT activity of the re- ^ organizers of Paramount is concentrating largely, but not en- tirely, on getting the company's plan over the Federal court hur- dle, which means December 27. The sky is not cloudless, but shot through with signs of trouble from several sources, one of them that active champion of minori- ties named Samuel Zirn. But, while the effort and the hope be- gin and end with that red-letter day not far off now, other mat- ters are not being permitted to slide into lethargy. Not by a long shot. ... ▼ This explains why whatever con- versations, which are really flirta- tions, have been going on with Ben Schulberg and Walter Wan- ger are unofficial, off-the-record and a couple of other things, all designed to impress with their secrecy. Technically, the Para- mount board, so far as it has gone, can do nothing about new alignments in various branches of the Paramount structure. The directorate becomes a working group only when the reorganiza- tion plan is clear of the bank- ruptcy court. In the meantime futures are being discussed as against the day when something will have to be done about them. You may have been wondering where and how Manny Cohen fits into the production picture. Sim- ple enough. The present drift merely fails to include him. . . . ▼ Difficult about the situation is the effect considered changes at the studio will have on produc- tion. Learning what courses through the reorganizes' minds hasn't been tough to run down ; it's all been a question of talking to the right individuals. It might be a question, too, of exactly how advisable is a procedure which allows word of such deliberations to filter into print, production at large being as sensitive an equa- tion as it is. A lead pipe cinch is it that Cohen knows what is going on. As a matter of fact and of record as well, if you like, the span of minutes between appear- ance of Motion Picture Daily last Monday with a flash on the conferencing with Schulberg and a telephone call to Cohen in Hol- lywood was approximately thirty. Is Manny at the minute busy on production or figuring out his own situation ? You can answer that without help from this de- partment. . . . T "Clearance Goes Back to Boards as Campi Ponders," head- lines our favorite trade paper. As Campi ponders over what? Over the attitude of distributors who are insisting that protection is to be sold as a consideration alongside of rentals. Amazing are the objections rearing their stubborn heads over this question. The first anniversary of the code has come and passed. The docu- ment provides for clearance schedules, as anyone can tell you in the event your knowledge is shy on this point. The 1934-35 season is well on, but clearances most emphatically are not. Now comes this last week-end to stress the amusing statement Campi members agree none of the sched- ules can be approved or adopted "for some time." . . . ▼ The job of writing schedules is easy, but making them legal is another matter, maintain the cod- ists. Agreed that the job is not like falling off a log. Agreed, it must be further, that the task might simplify itself if special interests were broadgauged enough to relinquish part of what they term their inalienable rights. By special interests reference is made not merelv to distributors Eastman Drops Two on Big Board Net High Low Close Change Columbia Pictures, vtc 39% 38% 38% Consolidated Film Industries 4% 4% 4% Consolidated Film Industries, pfd 18% 18% 18?^ Eastman Kodak 109% 108% 108% Loew's, Inc 35J4 35 3554 M-G-M, pfd 27% 27% 27% Paramount Publix, cts 3% 3% 3% Pathe Exchange 1% V/g 1% Pathe Exchange "A" 13% 13% 13% RKO 2% 25* 2Vt Warner Bros 4% 4% 4% Warner Bros., pfd 23 22% 22% + % + % + % — */<, Technicolor Only Listed Curb Issue Technicolor High ■ 13% Low 13 Close 13 Net Change Keith Bonds Jump IV2 Points Keith B. F. 6s '46 _ Loew's 6s '41. ww deb rights. Paramount Publix 5%s '50... Warner Bros. 6s '39, wd High . 67 .105 . 65 • 59% Low 65% mu 64% 59%4 Net Close Change 67 105 64% 59% +1% -r % - % + % Sales 200 200 700 400 4.300 100 1.400 300 100 2.900 1,900 130 Sales 400 Sales 6 8 3 12 themselves, but to their lawyers who have to keep busy to keep their jobs. The disciples of Blackstone choked off the fa- mous 5-5-5 agreement after al- most two years of deliberation. Today, they are doing a mighty good job in keeping clearance a hope instead of a fact. . . . ▼ One of the inside angles of the product settlement between Loew's and RKO in the metro- politan area is supposed to be agreement on the part of the lat- ter not to build for the next two years. An RKO executive de- scribes this as applesauce in one breath. In the next, he asks where would the money for new construction come from, pre vided the intention to so do were there? . . . Preparing for next season and prompted by a desire not to be caught on the short end of film availabilities, nevertheless, the RKO circuit is dickering al- ready with Fox. A three-year- franchise idea is being advanced with the sparring running full blast both on the side of buyer and seller. . . . T If John F. Meek, operator of the Princess, Topeka, has what he thinks he has, which is a plan for elimination of the debated fly- wheel device in sound repro- ducers, it won't be long before Erpi sends a representative call- ing. ... If the local unions get together under the plan already broached, the dove of peace will circle amicably for the next ten years, picketing will come to an abrupt stop and probably the re- gime of theatre outrages as well. . . . Charlie Skouras flew west yesterday for a second time with- out his management contract. The understanding now is it won't be until F. W. C. is reor- ganized. . . . KANN Boston Dual-Vaude Bills Are Big Drau Boston, Dec. 16— The situation i Scollay Square finds the M. & B Scollay Square hauling in audience with a twin-feature policy augmente< by seven acts of vaudeville, the Rialti turning into an all-night grind house and the Strand in the process of be coming a haven for beer. Manager Joe Brennan has returnee tt the State, Loew first run, to doubli features, a policy first put into effec temporarily several months ago. Fox Men Shift Jobs Salt Lake City, Dec. 16. — Clydt Blasius, office manager of the Fo> Butte office, has been transferred tc the local exchange as ad sales head Robert Dauquin, who has been a' sales head here, takes over Blasius former iob. Mayer Off for India Bostox. Dec. 16. — Charles Mayer, formerly a salesman here for Fox. sailed Friday night to join the com- pany's branch in Bombay, India. Monday, December 17, 1934 MOTION PICTURE DAILY Films Skidded In 1930, Tax Figures Prove (Continued from page 1) [or 1929, 101 of which had taxable income, their total gross receipts being «280,303,000 and their net $50,238,000. \fter deduction of $2,202,000 for prior year loss, they had a tax liability of $5,330,000. There were also 142 re- turns showing no tax, the gross income being $63,142,000 and the deficit $5,838,000 ; and 48 returns from inactive corporations. The following year the total number of returns dropped to 246 and taxable returns to 84, but the gross income of the taxable companies rose to $357,- 137,000. Expenses, however, were far heavier in proportion, and the net income was but $31,835,000 and, after deduction of $871 for prior year loss, the tax liability was $3,690,000. Re- turns of 124 untaxable companies showed gross income of $53,563,000 and a deficit of $8,447,000. Inactive returns were filed by 38 corporations. The 1931 record shows 234 returns, of which 54 were taxable with gross income of $29,696,000 and net of $2,698,000. After prior year loss deductions of $44,000, the tax liability was $318,000. Returns of 145 corpo- rations showed gross income of $412,252,000 and a deficit of $11,372, 000, while 35 concerns filed inactive reports. Only 218 Returns for 1932 For 1932, only 218 returns were filed, but 44 of which were taxable the gross income having been reduced to $14,349,000 and net to $1,145,000. Prior year losses were $181,000, leav- ing a tax liability of but $135,000 Returns of 151 corporations showed ■ gross income of $176,446,000 and deficit of $31,344,000, while 23 inactive corporations were reported. Among the film theatre corporations, . 1929 returns were filed by 2,407, 1,293 of which were taxable, their gross , income being $378,663,000, net $41 044,000, prior year loss $1,972,000 and tax $4,105,000 ; non-taxable returns were filed by 1,046 corporations with gross income of $129,775,000 and defi i] cit of $18,650,000, while 68 inactive returns were received. In 1930, the number of returns filed dropped to 2,387 but 1,295 were tax able, having gross income of $394, 681,000, net of $43,133,000, prior year loss of $2,218,000 and tax of $4,613,000; 1,025 non-taxable returns were filed, snowing gross income of $118,423,000 and deficit of $13,390,000, and 67 inactive returns were received The total number of returns filed remained unchanged for 1931 at 2,387 but the taxable returns dropped to 1,167, showing gross income of $276, , 519,000 and net of $26,005,000, with prior year losses of $2,365,000 and tax . of $2,638,000, a drop of nearly $2,000, 000 from 1930. Non-taxable returns increased to 1,148, with gross income of $208,133,000 and deficit of $21,582, : 000, and inactive corporations increased to 72. For 1932, reflecting the efforts of the circuits to divest themselves of houses, the total number of returns jumped to ' 2,662, but only 587 were taxable, or about half as many as in 1931. Gross income was but $180,374,000 and the net $13,683,000. Prior year losses were $257,000, and the tax declined to $1,814,000. The number of non-taxable returns jumped to 1,995, showing gross income of $325,116,000 and a deficit of $73,109,000, while 80 con- cerns were reported inactive. A steady decline in the number of theatres other than straight film houses is shown by the bureau's records. The high point for the legitimate and vaudeville stage was in 1928, when 1,073 returns were filed, 433 of which were taxable, having gross income of $137,014,000, net of $9,595,000, prior year losses of $591,- 000 and tax liability of $1,022,000. Non-taxable returns were filed by 503 corporations, showing gross income of $67,742,000 and deficit of $11,443,000, and 137 inactive returns were received. For 1929, 882 returns were filed, 323 of which were taxable, with gross income of $63,007,000, net of $7,986,- 000, prior year loss of $1,402,000 and tax of $694,000 ; 443 non-taxable returns showed gross income of $40,802,000 and deficit of $8,485,000, and 116 returns were filed by inactive corporations. Returns Down to 778 by 1930 By 1930, the number of returns had dropped to 778 and taxable returns to 239 showing gross income of $28,898,- 000, net of $3,679,000, prior year loss of $485,000 and tax of $330,000; 403 non-taxable returns were filed, show- ing gross income of $38,693,000 and deficit of $8,236,000; inactive returns numbered 136. A further decline in 1931 brought the total returns to 669 and taxable returns to 182 with gross income of $18,764,000, net of $1,398,000, prior year loss of $112,000 and tax of $130,000, while 343 non-taxable re- turns showed gross income of $33,- 147,000 and deficit of $7,532,000; inactive returns jumped to 144. The 1932 report showed but 536 returns only 78 of which were taxable. Gross income had declined to $9,740,- 000 and net to $1,307,000, while prior year loss jumped to $230,000 and tax increased to $147,000. Inactive returns filed by 341 corporations showed gross income of $27,664,000 and deficit of $22,009,000, while 117 inactive returns were filed. Warners to Rename Officers Tomorrow (Continued from page 1) Warner, Sam E. Morris and Herman Starr, vice-presidents ; Albert War- ner, treasurer ; Samuel Carlisle, W. Stewart McDonald and Cyril H. Wilder, assistant treasurers ; Abel Cary Thomas, secretary and general counsel; Harold S. Bareford, Paul A. Chase and Edward K. Hessberg, assistant secretaries ; Samuel Carlisle, comptroller, and Thomas J. Martin, auditor. While Warners, through United Re- search Corp., wholly owned subsidiary, have developed and completed a new home talking machine, there is no in- dication when the company will start manufacturing, Thomas stated Satur- day, verifying Motion Picture Daily's story of Dec. 10. Resume B.&K. Dividends CmcAGO, Dec. 16. — For the first time in almost two years Balaban & Katz will resume dividend payments on the seven per cent preferred stock. Three quarterly payments of $1.75 each have been authorized covering the first three quarters of 1933. IT TAKES A GAL LIKE THIS TO MAKE "NIGHT LIFE OF THE GODS" A GAL-A EVENT! . . . You'll see IRENE WARE and plenty of others in Lowell Sherman's Universal Colossus of Comedies'. MOTION PICTURE DAILY i Purely Personal ► Goldwyn and Lichtman Are For Sending Up Admissions MRS. SAM HOROWITZ, Al Lichtman's former secretary and now wife of the U. A. Chicago branch manager, is spending a few days in New York visiting her folks and former co-workers. Hunter Perry, who operates the- atres in West Virginia and Charlotte, has returned to his headquarters in the south after visiting here for sev- eral days. Cortland Fitzsimmons is en route to Hollywood to assist with the prep- aration of "Crimson Ice" for Para- mount. Henri Elliman has returned to Chicago after several days here con- ferring with Harry H. Thomas of First Division. Florence Browning, J. Robert Rubin's assistant at the M-G-M home office, is en route to the coast, where she will pass the Christmas holidays. Edward G. Robinson, with Mrs. Robinson and their son, will come to New York this week for a short va- cation. J. H. Hoffberg has acquired foreign distribution rights to seven Showmen pictures and five previously produced by Willis Kent. William J. Kupper has returned from a tour of Fox exchanges in Detroit, Chicago, Des Moines and Omaha. Boris Moross is back in his office after being confined to bed for a num- ber of days with a bad cold. Al Lichtman is now in New Or- leans on business. He is scheduled to return Wednesday. Ted Lewis goes into the Capitol with "Forsaking All Others" on Christmas Day. Sidney Samuelson, president of Allied, returned Saturday from New Orleans. Harry Ballance, Fox southern district manager, was in town last week. Buddy Rogers sails on the Paris Saturday to appear in British pictures. Paul Burger plans to hit the road again within the next few days. Y. Frank Freeman is back from Chicago tomorrow. Nicholas M. Schenck arrives from the coast tomorrow. Pawtucket Demands Retraction by Loew Providence, Dec. 16. — Incensed be- cause E. M. Loew, owner of the recently bombed Capitol in Pawtucket, is quoted by a Boston newspaper as saying that officials in Rhode Island were "corrupt," the city of Pawtucket threatens to suspend the license of the house unless Loew explains or retracts the reported crack. If Loew fails to come through, City Clerk Kaveny says the house will go dark after Saturday night. Kaveny communicated with the Boston and Pawtucket theatre owner and invited him to tell his side. Investigation of the bombing of the Capitol, which nearly resulted in loss of life for the janitor, shows that dynamite was the explosive used. By AL LICHTMAN (.Continued from page 1) corrected, this will seriously impair sufficient revenue for good pictures which is so vital if better pictures are to be made. Competition among theatres in the big cities is so keen it has resulted in the reduction of admission prices to a point where neither exhibitors nor pro- ducers are earning enough money for the industry to feel safe in its effort to continually provide better enter- tainment. This condition more than any other needs correction if the industry is to continue its forward march. Either production costs will have to be re- duced very extensively or admission prices must be increased. Reade Considering Deals for May fair Walter Reade is considering drop- ping the operation of the Mayfair and is negotiating with several parties who want the house for various types of shows. Arthur Mayer, Gus Ed- wards, I. Herk and Robert Ripley are among those bidding, but so far no one has put up any money. At least, Reade says so. Each has a different idea for the theatre. "Babes in Toyland" is expected to run three to four weeks at the Astor which Reade is operating and will be followed by Radio's "The Silver Streak." Bonds in St. Louis Brought $2,272,430 St. Louis, Dec. 16. — Nelson Cun- liff, who, as a special master for the Federal Court, last July sold the Am- bassador, Missouri and Grand Central at a foreclosure sale, in his final report filed with the U. S. District Court here reveals that the holders of bonds received a total of $2,272,430 cash and credits on their bonds which had a total face value of $5,955,400. The properties were bought in by the bond- holders' protective committees. Restore K. C. Autonomy Kansas City, Dec. 16. — The I. A. T. S. E. has restored local autonomy to the operators' union after more than two years of probation. John Nick, vice-president, acted for Presi- dent Brown in making the transfer. By SAMUEL GOLDWYN (Continued from page 1) change its policy. Not only will they show two features on one bill but they are going to cut their prices as well. The Criterion is only one example. Every day, I read that prices are be- ing cut in an effort to stimulate busi- ness at the box-office, a business that has been dropping off with alarming consistency. This means, of course, that the pic- tures produced are also being pat- terned according to the lower prices charged. On the face of it, this may look like good business but the truth of the matter is that it is the be- ginning of the most vicious circle we have ever encountered in the industry. We have been trying to bring into the theatre a better and more intelli- gent element of people. But, with policy of doubl billing — pictures pro- duced purposely for double bill show- ings and even labelled "B" pictures — we have been driving this same group away from the shows. The cut in admissions will not en- tice these people we have lost by inferior product back into the the- atres. They go to the picture show to be entertained by good pictures and bargaining with them, by cutting prices, is definitely not the answer. The answ-er is good films again. These people have lost the picture- going habit that took up so long to build up in them. They have been fooled so often by worthless and de- liberately mediocre films that they are wary and canny and, like the man from Missouri, want to be shown be- fore they believe any more. If the producers would realize that 50 per cent of the pictures made really belong in the ash-can and not on the screen, and if they go in for quality instead of quantity, the ex- hibitors throughout the country will then also see what I mean by the possibility of increased returns at the box-office— that the present procedure of double bills is gradually killing the entire business. Of course, such a change might temporarily hurt the receipts, for a week or two or three, but unless they are willing to sacrifice something to- day in preparation for tomorrow — unless they are willing to give a thought to the future— I see dark days ahead for our industry. Monday, December 17, 1934 Para. Groups Desire Naming Of Full Board (Continued from page 1) membership to the success of the plan and of Paramount, the creditors' com- mittees declare that, regardless of their approval of the plan in its pres- ent form, they will not finally adopt it until the completed board has been selected and given their approval. This stand of the creditors' commit- tee is interpreted by some reorganiza- tion factors as being favorable to the selection of a larger representation of industry men for the board than has been indicated up to now. New Film Council To Meet Thursday (Continued from page 1) it is thought that the meeting will be merely for the purpose of organiza- tion, leaving plans to be formulated at later dates. The new council was appointed last week by Cardinal Hayes for the pur- pose of advising the local clergy in their drive on objectionable films and to devise some method of gathering the large number of pledgers to stay away from unclean pictures which have been distributed among Catholic churchgoers in the archdiocese. All counties in the archdiocese are represented on the council, whose members are : Manhattan — James A. Farrell, for- mer president of the U. S. Steel Corp. ; George MacDonald, former Mayor John P. O'Brien ; Martin Quigley, publisher of Motion Picture Herald and Motion Picture Daily; John J. Raskob, former chairman of the National Democratic Committee, and Alfred Talley, former judge of the Court of General Sessions. Bronx — James Donnelly. Richmond — William T. Fetherston, former justice of the Court of Special Sessions. Westchester — Supreme Court Jus- tice William F. Bleakly. Dutchess and Putnam — John E. Mack of Poughkeepsie, former Su- preme Court justice. Orange and Rockland — Arthur O'Leary. Sullivan — George Cook. Ulster — James Dwyer. Strand Dark a Week For Fire Repairing (Continued from page 1) at the Warner home office Saturday. Alterations now being made will de- lay the opening until that time. New equipment is being installed in the booth and the ventilating system. Hun- dreds of balcony seats are being re- placed, the chandelier is being re- paired and the roof of the theatre is receiving a new coat of paint. Acquitted in Fox Case Maurice Monnier has been acquitted in Federal Court here on a charge of having sought $50,000 of Mrs. William Fox on threat of kidnapping her grandchildren. Hollywood Personals Hollywood, Dec. 16.— Walter Wanger arrived from New York by plane and went straight home to bed with a bad cold. . . . Sidney Skolsky back from Broadway this week. . . . Laurel and Hardy's next for Roach is titled, "Tit For Tat." . . . Toby Wing entertained with a big dinner party for her brother-in-law, W. Hoggen Perry. . . . Francis L. Sullivan and Claude Rains off to London this week for vacations. . . . Norman Houston, scenarist, cast in "Great God Gold" which he adapted for Monogram. . . . Carol Coombe on her way to England to visit her mother. . . . Doris Malloy and Harry Clork have finished their treatment of "The Milky Way" for Paramount and have returned to M-G-M. . . . Etienne Girardot cast in "Roberta" at Radio. . . . Casey Robinson is adapting "Captain Blood" for Warners. . . . Joseph Schildkraut leaves New York Dec. 19 for a role in Paramount's "Crusaders." . . . Margaret Lindsay gets the feminine lead in "The Florentine Dagger" for Warners. More thrilling, more disturbing, more fascinating than ever . . . the screen's supreme star brings you the story that made Sir James M. Barrie great . . . the stage play that made Maude Adams famous . . . . the romance that has touched the hearts of millions . , . NOW THE PICTURE THAT CROWNS THE CAREER OF THE IDOL OF ALL AMERICA s . BARRIE'S TH€ L1TTLC MINISTER JOHN. BEALT ALAN HALE : IRECTED BY RICHARD WALLACE ★ A PANDRO S. BERMAN PRODUCTION , , - :#«w < mm — as Barriers dark -eyed gypsy "Babbie" in one of the great love stories oj- the ages . . . glinted on>a*. burning background of turbulence and conflict! THE LITTLE M I NT S T E R NATIONWID DAY WEEK PRESENTATION IN KEY CITIES BACKED BY NATIONAL CAMPAIGN OF FULL AND HALF^PAGE ADVER^ TISEMENTS IN LOCAL NEWSPAPERS R KO -RADIO PICTURE Monday, December 17, 1934 MOTION PICTURE DAILY Philadelphia "Flirtation" Top Is Grofe And "Heavens" Philadelphia, Dec. 16.— Business slipped into the pre-Christmas slump about a week ahead of time with no outstanding films. The Fox, with • Hell in the Heavens" on the screen and Ferde Grofe on the stage, was the only house to do much better than the average. It took $14,500. Several holdovers were on the list, not so much as the result of top-notch business as a desire of several theatres to slip into a Tuesday opening policy for the Christmas and New Year season. . '•Evelyn Prentice," with a fair $11,500 at the Boyd, was held over until Tuesday on the same basis. Total first run business was $55,800. Average is $58,100. Estimated takings for the week end- ing Dec. 13 : "KID MILLIONS" (U.A.) ALDINE— (1,200), 35c-40c-55c, 6 days. 3rd week. Gross: $6,000. (Average, $7,000) "LITTLE FRIEND" (Gaumont British) (2nd run) ARCADIA-(600), 25c-30c-40c, 4 days. Gross: $1,100. (Average, 6 days, $2,400) "EVELYN PRENTICE" (M-G-M) BOYD — (2,400), 35c-40c-55c, 6 days. Gross: $11,500. (Average, $12,000) "IT'S A GIFT" (Para.) EARLE — (2,000), 40c-55c-65c, 6 days. Stage: Paul Ash revue. Gross: $12,500. (Average, $12,000) "HELL IN THE HEAVENS" (Fox) FOX— (3,000), 40c-55c-65c, 6 days. Stage: Ferde Grofe and orchestra. Betty Barthell. Arons and Broderick, the Randalls. Gross: $14,500. (Average, 6 days. $12,000) "GREAT EXPECTATIONS" (Univ.) KARLTON— (1.000). 25c-35c-40c, 6 days. Gross: $2,600. (Average. $23,500) "FLIRTATION WALK" (Warners) STANLEY— (3,700), 35c-40c-55c, 4 davs, 2nd week. Gross: $6,000. (Average, 6 days, $12,000) "FIRST WORLD WAR" (Fox) STANTON — (1,700), 35c-40c-50c. 2 days, 2nd week. Gross: $1,600. (Average, 6 days, $6,000) "Limehouse Blues" Omaha's Best Draw Omaha, Dec. 16. — "Limehouse Blues" on a dual program with "Strange Wives" was the money-get- ter here last week. The take at the World was $4,300, up by $800. "The St. Louis Kid" and "Bachelor of Arts" went to $8,200, over par by $700, at the Orpheum. "College Rhythm" in four days of its second week took $3,200 at the Paramount, and a combination of "The Captain Hates the Sea" and "I Sell Anything" was weak at the Brandeis. Total first run business was $18,950. Average is $22,500. Estimated takings : Week Ending Dec. 12: "LIMEHOUSE BLUES" (Para.) "STRANGE WIVES" (Univ.) WORLD— (2,200). 25c-40c. 7 days. Gross: S4.30O. (Average. $3,500) ^ "COLLEGE RHYTHM" (Para.) PARAMOUNT— (2,800). 25c-40c, 4 davs. 2nd week. Gross: $3,200. (Average, $8,000) Week Ending Dec. 13: "THE CAPTAIN HATES THE SEA" (Col.) "I SELL ANYTHING" (Warners) BRA^DEIS-(1.200), 20c-25c-35c, 7 days. Gross: $3,250. (Average. $3,500) THE ST. LOUIS KID" (Warners) ^T>^BJ^i1ELOR OF ARTS" (Fox) ORPHEUM - (3,000), 25c-40c, 7 days. Cross: $8,200. (Average, $7,500) Twin Cities' Top, $11,500 Minneapolis, Dec. 16. — Heavy tak- ings here and in St. Paul last week went to "Flirtation Walk." At the Orpheum here it went $1,000 over average for a take of $6,500, and in the St. Paul Orpheum it was the same amount over the line with a take of $5,000, a total of $11,500 for the two cities. "Transatlantic Merry - Go - Round" was also a good draw on both sides of the river. It garnered $6,000 at the State here and the same amount in the St. Paul Paramount. "The Painted Veil" was not outstanding. It w'as only $200 over the line on a $4,200 gross at the Century. Total first run business in Minne- apolis was $23,900. Average is $21,000. In St. Paul the total was $18,500. Average is $16,500. Estimated takings : Minneapolis : Week Ending Dec. 12: "THE PAINTED VEIL" (M-G-M) CENTURY — (1,650). 25c-40c, 7 days. Gross: $4,200. (Average, $4,000) "HELL IN THE HEAVENS" (Fox) LYRIC— (1,238), 20c-25c, 7 davs. Gross: $1,700. (Average, $1,500) Week Ending Dec. 13: "FLIRTATION WALK" (F.N.) ORPHEUM— (2,900). 25c-50c. 7 days. Stage: "Salici Varieties." Gross: $6,500. (Average, $5,500) "TRANSATLANTIC MERRY-GO- ROUND" (U.A.) STATE-(2,300), 25c-40c. 7 days. Stage: Irving Aaronson and his Commanders. Gross: $6,000. (Average. $5,500) "THE HELL CAT" (Col.) TIME-(300), 20c-30c. 7 davs. Gross- $2,500. (Average, $2,500) "ONE NIGHT OF LOVE" (Radio) \VORLD-(300). 25c-75c. 7 davs Gross: $3,000. (Average. $3,000) St. Paul: Week Ending Dec. 12: "TRANSATLANTic MERRY-GO- ROUND" (U.A.) l'AR.\MOUNT-(2.300). 25c-40c 7 days Stage: "Spices of 1935." Gross: $6,000. (Average, $5,500) "WHAT EVERY WOMAN KNOWS" (M-G-M) RIVIERA — (1,200). 25c-40c, 7 days Gross: M.OOO. (Average, $3,500) "FLIRTATION WALK" (F N ) r °RpHEUM-(2.000). 25c-40c. 7 days Gross: $5,000. (Average. $4 000) "GAMBLING" (Fox) $1,500. (Average. $1,500) w™?SW,$3" (Gaumont-British) ^RLr?~(300)' 2^5c- 7 da^- Gross: $2,000. (Average, $2,000) "Veil" at $35,000 Light for Capitol Greta Garbo's first week at the Cap- itol in "The Painted Veil" fared mild- ly as the.pre-hohday slump took effect on Broadway grosses. Intake for the picture was $35,000 At the Paramount, the first seven ^fmn "'£h,e ?£,esident Vanishes" hit $25,000, while "The Gay Divorcee" in its second week at the Palace chalked up a take of $8,500, which is good for a holdover film at this house. "Flirta- tion Walk" at the Strand for a second stanza garnered $18,935. Last of three weeks of "Imitation of Life at the Roxy netted $18,500. First week's take of "The Private Life of Don Juan" at the Rivoli was $21,675. End Loew Landmark Cincinnati, Dec. 16. — When the Star, 300-seat house, is remodeled shortly after Jan. 1, to be occupied by a retail establishment, it will remove an industry landmark with a sentimental background. It was on this Fountain Square site that the late Marcus Loew received his start many years ago, having operated a nickelodeon and museum in the building. "Veil" Leads Seattle with Heavy $8,400 Seattle, Dec. 16. — Most of the box- office excitement here last week cen tered around "The Painted Veil" at the Fifth Avenue where the $8,400 take went over normal by $1,400. "One Night of Love" was still a fine draw in its sixth week at the Liberty with a take of $4,100. Christ mas shopping hit the rest of the houses. Total first run business was $35,500 Average is $36,500. Fstimated takings for the week end- ing Dec. 11 : "ANNE OF GREEN GABLES" (Radio) BLUE MOUSE— (950). 25c-40c-55c, 7 days. (Extended run from Music Hall.) Gross: $3,700. (Average. $4,000) "THE PAINTED VEIL" (M-G-M) FIFTH AVENUE— (2,500), 25c-40c-55c. 7 days. Gross: $8,400. (Average, $7,000) "ONE NIGHT OF LOVE" (Col.) LIBERTY — (1.800), 15c-25c-35c-50c, 7 days. 6th week. Gross: $4,100. (Average, $4,000) "THE FIRE BIRD" (Warners) MUSIC BOX— (950), 25c-35c-50c. 7 days. Gross: $3,200. (Average, $3,500) "IMITATION OF LIFE" (Univ.) MUSIC HALL— (2,275), 25c-40c-55c, 7 days. Gross: $5,500. (Average, $6,500) "BABBITT" (Warners) ORPHEUM — (2.450), 25c-35c-50c. 7 days. Vaudeville headed by Clyde Hagar. Gross: $5,200. (Average, $5,500) "LEMON DROP KID" (Para.) "THE GAY BRIDE" (M-G-M) PARAMOUNT— (3,050), 25c-35c, 7 days. Stage: Revue featuring Glen Dale and Rhvthm Ramblers Band. Gross: $5,400. (Average, $6,000) "Gables," $2,200, Best Lincoln Take Lincoln, Dec. 16. — "Anne of Green Gables" got off to a slow start at the Lincoln due to an advertising mixup, but even so it was the only downtown attraction to reach normal last week. The take was $2,200. "College Rhythm" was weak at $2,900 in the Stuart. Total for the four first run spots was $8,000. Average is $9,100. Estimated take : Week Ending Dec. 12: "COLLEGE RHYTHM" (Para.) STUART— (2,000), 10c-25c-40c, 7 days. Gross: $2,900. (Average, $3,100) "ANNE OF GREEN GABLES" (Radio) LINCOLN— (1,600), 10c-15c-25c, 7 days. Gross: $2,200. (Average, $2,200) "ONE EXCITING ADVENTURE" (Univ.) "GREAT EXPECTATIONS" (Univ.) ORPHEUM— (1,200), 10c-15c-25c, 7 days. Gross: $1,900. (Average, $2,300) "CAPTAIN HATES THE SEA" (Col.) VARSITY— (1,100), 10c-25c, 7 days. Gross: $1,000. (Average, $1,500) "Millions" Is 2nd Week Hit, San Francisco San Francisco, Dec. 16. — "Kid Millions" was Frisco's best compara- tive draw in its second week at United Artists. The $10,000 take was over par by $2,000. "Flirtation Walk" got off to a fine start at the Warfield, piling up $24,- 500, over the line by $1,500, in its second week. "Imitation of Life" garnered a fine $10,500 at the Orpheum, but else- where, with the exception of "Anne of Green Gables," at the Golden Gate, business was only fair. Total first run business was $83,000. Average is $83,000. Estimated takings : Week Ending Dec. 4: "ANNE OF GREEN GABLES" (Radio) GOLDEN GATE— (2.800), 25c-35c-40c, 7 days. Stage: Band. Gross: $13,000. (Aver- age, $13,000) Week Ending Dec. 5: "I SELL ANYTHING" (Warners) "MENACE" (Para.) FOX— (4,600), 15c-30c-40c, 7 days. Gross: $7,500. (Average, $11,000) "IT'S A GIFT" (Para.) "THE GAY PRIDE" (Warners) PARAMOUNT— (2,670), 25c-35c-55c-65c, 7 days. Gross: $10,500. (Average, $11,000) "FLIRTATION WALK" (Warners) WARFIELD— (2,700), 25c-35c-55c-65c, 7 days. Stage: Band. Gross: $24,500. (Aver- age, $23,000) Week Ending Dec. : "IMITATION OF LIFE" (Univ.) ORPHEUM— (3,000), 15c-30c-35c-40c, 7 days. Gross: $10,500. (Average, $9,000) "EVELYN PRENTICE" (M-G-M) ST. FRANCIS— (1,400), 15c-35c-55c, 7 days. Gross: $7,000. (Average, $8,000) "KID MILLIONS" (U. A.) UNITED ARTISTS— (1,200), 15c-35c-55c, 7 days, 2nd week. Gross: $10,000. (Average, $8,000) "Captain," Revue Providence Leader Pkovidence, Dec. 16. — Despite _ the appearance of Lawrence Tibbett in a concert that drew tall millinery, and several hockey games, business in town among the first runs held up surprisingly well. High take was scored by the RKO Albee with a revue and "The Captain Hates the Sea." This house garnered $9,100, which is $2,000 over average. Loew's State failed to do much with 'Student Tour" and "Babes in Toy- land," catching around $8,000. Total first run business was $43,200. Average is $40,500. Estimated takings for the week end- ing Dec. 14 : "BEHOLD MY WIFE" (Para.) "FLIRTING WITH DANGER" (Monogram) STRAND— (2,300), 15c-40c, 7 days. Gross: $9,000. (Average, $6,500) PORT OF LOST DREAMS" (Invincible) FAY'S— (1,600), 15c-40c, 7 days. Stage: "Sidewalk Cafe" on stage. Gross: $8,300. (Average, $7,000) "IMITATION OF LIFE" (Univ.) MAJESTIC — (2,400), 15c-40c, shorts, news. Gross: $7,700. (Average, $7,000) "THE CAPTAIN HATES THE SEA" (Col.) RKO ALBEE— (2,300). 15c-40c. 7 days. Stage: Revue headed by Don Cummings. Gross: $9,100. (Average. $7,000) "STUDENT TOUR" (M-G-M) "BABES IN TOYLAND" (M-G-M) LOEW'S STATE— (3.800), 15c-40c. 7 days. Gross: $8,000. (Average. $12,000) "GRIDIRON FLASH" (Radio) RKO VICTORY— (1,600). 10c-25c, 4 days. Shorts, news. Gross: $1,100. (Average. $1,000) 10 MOTION PICTURE DAILY Monday, December 17, 1934 "Behold" Is Boston Smash With $33,000 Boston, Dec. 16. — "Behold My Wife" garnered the big money of the week here, going to $33,000 at the Metropolitan, with Mai Hallett and his orchestra on the stage. This leaves par about $5,000 astern. "Imitation of Life" was one of the big attractions of the period, garnering $19,000, up by $3,000, at Keith's. A dual, "Evelyn Prentice" and "The Gay Bride," pulled a fine $20,000 at Loew's State, and "Kentucky Kernels" was $2,000 up on an $18,000 take at the Boston. Total first run business was $110,- 500. Average is $94,000. Estimated takings for the week end- ing Dec. 13 : "KENTUCKY KERNELS" (Radio) BOSTON— (2,900), 25c-50c, 7 days. Vaude- ville. Gross: $18,000. (Average, $16,000) "HELL IN THE HEAVENS" (Fox) "GENTLEMEN ARE BORN" (F. N.) FENWAY— (1,800), 30c-50c, 7 days. Gross: $10,500. (Average, $9,000) "IMITATION OF LIFE" (Univ.) KEITH'S— (3,500), 25c-65c, 7 days. Gross: $19,000. (Average, $16,000) "EVELYN PRENTICE" (M-G-M) "THE GAY BRIDE" (M-G-M) LOEW'S STATE — (3,700), 35c-50c, 7 days. Gross: $20,000. (Average, $16,000) "BEHOLD MY WIFE" (Para.) METROPOLITAN— (4,350), 30c-65c, 7 days. Stage: Mai Hallett and orchestra. Gross: $33,000. (Average, $28,000) "HELL IN THE HEAVENS" (Fox) "GENTLEMEN ARE BORN" (F. N.) PARAMOUNT— (1,800), 3Oc-50c, 7 days. Gross: $10,000. (Average, $9,000) "Imitation" Hits $14,200, Buffalo Buffalo, Dec. 16. — "Imitation of Life" drew $14,200, or more than twice normal at the Lafayette, which usually is a double feature house. "Limehouse Blues" was slightly over average at the Buffalo, but near- zero temperatures and the holiday doldrums killed business everywhere else. Total take was $43,100. Normal is $42,800. Estimated takings for the week ending Dec. 14 : "LIMEHOUSE BLUES" (Para.) BUFFALO — (3,500) , 30c-55c, 7 days. Stage: Nick Lucas; Diamond Bros.; Three Cossacks; Rogers & Wynne. Gross: $15,100. (Average, $14,300.) "GAMBLING" (Fox) "365 NIGHTS IN HOLLYWOOD" (Fox) CENTURY— (3,000), 25c, 7 days. Gross: $4,800. (Average, $6,000.) "KID MILLIONS" (U. A.) GREAT LAKES— (3,000), 25c-40c, 4 days, 2d week. Gross: $4,000. (Avera«e, $8,- 000.) "THE PURSUIT OF HAPPINESS" (Para.) "THE LEMON DROP KID" (Para.) HIPPODROME— (2,100), 25c-40c, 7 days. Gross: $6,000. (Average, $8,000.) "IMITATION OF LIFE" (Univ.) LAFAYETTE— (3,300), 25c, 7 days. Gross: $14,200. (Average, $6,500.) Move to Open in Sharon Sharon, Pa., Dec. 16. — Coincident with the arrest of three managers for opening Sunday, City Council has ap- proved • on first reading a new ordi- nance which would end the Sunday ban. Final approval of the measure is assured in two weeks. The managers arrested are Thomas Whyte, Columbia; Harry Stahl, Nuluna, and John Muller, Gable. Looking 'Em Over "Roadhouse" (Ganmont British) London, Dec. 4. — Chiefly designed as a vehicle for the talents of Violet Loraine, star of the British vaudeville and revue stage in war and pre-war days, "Roadhouse" offers also some good comedy by the chief interpreter of "Cockney" roles, Gordon Harker, and amusingly remin- iscent scenes of the cruder forms of flesh and blood entertainment which went out after the war. The flavor of past times is deepened by very realistic scenes of a London music hall entertainment bravely carrying on to the crash of bombs from German aircraft overhead. The plot, not to be taken too seriously, concerns a barmaid who be- comes a variety singer after she realizes that her employer, whom she loves, does not want to marry her. Later, as an officer on leave from the front, he meets her as a stage star, and they are married. In love with the girl all the time is the potman of the inn, who becomes its proprietor and turns it into a roadhouse, with swimming pool, dance floor, etc., with the aid of associates who, unknown to him, are crooks. The girl's voice gives out and she learns at the same time of her hus- band's death on his way back to England. She leaves her young daugh- ter with her husband's family and goes abroad. Years pass and her old lover finally goes in search of her, finds that she is penniless and work- ing as a hotel maid, and brings her back to sing again at his roadhouse. His associates, who have been using the roadhouse as a cover for criminal activities, fall out and one is shot. The singer's daughter is accused, but cleared by the ingenuity of the ex-potman. The rendition of favorite song numbers and the realism with which the atmosphere of the pre-war music hall is reproduced are chief assets. Production values are good, with a final swimming pool sequence which shows that London has learned a lot from Hollywood. Running time, 75 minutes. "G." British Censor's Certificate : "A." ALLAN 'Neath Arizona Skies" (Monogram) This, the latest of the Lone Star series, starring John Wayne, should satisfy audiences that go for western thrillers. It is up to the usual standard set by previous releases in this series and has the customary fights, shooting and hard riding over the landscape. Wayne plays his usual role, that of the lone cowboy fighting the cause of a friend and for universal justice at the same time. The plot centers around young Shirley Ricketts, who has inherited oil lands from her Indian mother. Her white father must be found before she can claim her money and this is the job Wayne takes on himself. A gang of renegades led by Yakima Canutt try to abduct the child and take the money for themselves. Foiled time and again by Wayne, they finally corral the hero and his ward at the ranch of a dead pal. Here they discover the child's father, only to have him killed in a gun fight. This paves the way for Wayne to take complete charge of the little girl. When the sheriff has finally arrived near the end of the last reel, as is the usual case, and has arrested the outlaws, everything ends satisfac- torily. Sheila Terry supplies the romantic interest in attractive manner. Harry Fraser's direction is all right, but he allowed the action to drag in several spots. The photography by Archie Stout is particularly good on the outdoor shots. Reviewed without production code seal. Running time, 51 minutes. "G." The Trail Beyond (Monogram) All the stock tricks used to provide thrills in action films have been resorted to in putting together this picture, one of the Lone Star series topspotting John Wayne. "The Trail Beyond" goes a bit far in its efforts to create excitement and emerges as an attraction acceptable for the youthful. The best thing about the production is the beauty of its exteriors. The action transpires in the north country. It is again the story of villainy over a gold mine. In this instance Wayne holds the map to it and Robert Fraser is the fellow trying to get hold of it. Once the battle starts there is never a moment of inaction. In his fight for the right Wayne finds time to squeeze in a bit of romancing with Verna Hillie, whom he wins despite the competition offered by his buddy (Noah Beery, Jr.). The senior Beery is also in the cast, in a non-villainous role, how- ever. Other players include Iris Lancaster, Earl Dwire and Ed Parker. R. N. Bradbury directed this James Oliver Curwood tale. Archie Stout's photography is creditable. No code seal. Running time, 55 min- utes. "G." (Additional review on page 12) "Imitation" Detroit Wow; Gets $22,500 Detroit, Dec. 16. — "Imitation of Life" was a knockout at the Fox last week. It ran up to $22,500, topping average by $7,500. Six acts of vaude- ville made up the stage show. The only other draw that amounted to anything was a dual bill made up of "Great Expectations" and "Danger- ous Corner" at the Adams, which went over normal by $1,500 for a gross of $6,500. Total first run business was $66,000. Average is §70,000. Estimated takings for the week end- ing Dec. 14 : "GREAT EXPECTATIONS" (Univ.) "DANGEROUS CORNERS" (Radio) ADAMS— (1,770), 10c-4Oc, 7 days. Gross: $6,500. (Average, $5,000) "IMITATION OF LIFE" (Univ.) FOX— (5,100), 15c-65c, 7 days. Stage: Six acts vaudeville. Gross: $22,500. (Average, $15,000) "CLEOPATRA" (Para.) "WAGON WHEELS" (Para.) FISHER— (2,975), 10c-40c, 7 days, (2nd run). Gross: $8,300. (Average, $10,000) "ST. LOUIS KID" (Warners) MICHIGAN— (4,100), 15c-6Sc, 7 days. Stage: Buddy Rogers, Lanot & White, Florence & Alverez. Gross: $18,400. (Aver- age, $20,000) "CASE OF THE HOWLING DOG" (Warners) "I SELL ANYTHING" (F. N.) STATE— (3,000), 10c-65c, 7 days. Gross: $3,200. (Average, $5,000) "BEHOLD MY WIFE" (Para.) UNITED ARTISTS— (2,070), 25c-50c, 7 days. Gross: $7,100. (Average, $10,000) "Divorcee" $7,000 Up; Denver's Lead Denver, Dec. 16.— "The Gay Di- vorcee" came near to bowling over a few records at the Denham last week. The take went up to $11,000, over average by $7,000. "The St. Louis Kid" was also in the money, going over the line by $1,000 for a total of $7,000. Total first run business was $28,- 000. Average is $20,500. Estimated takings for the week ending Dec. 13 : "WE'RE RICH AGAIN" (Radio) ALADDIN— (1,500), 25c-35c50c, 7 days. Gross: $2,500. (Average, $2,500) "THE GAY DIVORCEE" (Radio) DENHAM — (1,500), 25c-35c-50c, 7 days. Gross: $11,000. (verage, $4,000.) "IMITATION OF LIFE" (Univ.) DENVER— (2,500), 25c-35c-50c, 7 days. Gross: $5,500. (Average, $6,000) "THE ST. LOUIS KID" (Warners) ORPHEUM— (2,600), 25c-35c-50c, 7 days. Gross: $7,000. (Average. $6,000) "FLIRTATION WALK" (F. N.) PARAMOUNT— (2,000). 25c-40c. 7 days. Moved after a $11,000 week at the Denver. Gross: $2,000. Shift Seattle Openings Seattle, Dec. 16. — In the tightly- drawn battle for first run supremacy downtown, John Hamrick's four houses and Evergreen State's two are now indulging in an orgy of switching of opening days. During the past three weeks, Ever- green's Fifth Avenue has changed from Friday to Thursday. This was followed by a similar change by Ham- rick's Music Hall. Following this, Mamrick's Blue Mouse and Music Box have adopted Wednesday as a change day, with more or less regularity. And now comes Evergreen's Para- mount with Tuesday as the regular weekly change day. Operates 20 theatres, spends upward of $500,000 annually for film. He reads MOTION PICTURE DAILY 12 MOTION PICTURE DAILY Monday, December 17, 1934 Selective Buy Ruling Stirs Interest Here (Continued from page I) allowing for 10 per cent cancellations, means that the theatre is underbought. Kutinsky claims. The local board granted a decision on the total amount of pictures tied up, stating that Schwartz must re- lease 73 pictures. Campi holds that a distributor can sell any way he wants to, according to the code, unless it is unfair. Schwartz has appealed and when the hearing comes up this week, it will be interesting to exhibitors as well as distributors. The code says that on selective con- tracts, the exhibitor must release pic- tures within 21 days of availability so that the competitive situation can book without delay. Chicago Conspiracy Charge Up Tomorrow (Continued from page 1) heard before the Chicago grievance board, the exhibitor held that the dis- tributors' restricting of product to sin- gle attractions had seriously affected his business in the past two years and that insistence on this policy this season is an attempt to put him out of business. The exhibitor claimed that no major exchange would sell him unless he subscribed to the single feature pro- gram. Representatives from all com- panies will attend the hearing as well as Bertram Mayer, New York attor- ney, for the complainant. Edward Golden, sales manager of Monogram, will make an effort to sit on the committee as one of the judges. He was a member of the committee when the hearing was originally sched- uled last Tuesday, but because of a mixup on notifying counsel of various companies, the matter was put over. Golden felt the move was an attempt to shunt him off the committee and noted this on the record. I. Levinson of Warners objected to Golden's stand after having previously consented to have him sit without prejudice. Radio's Free Shows Up at Meeting Soon (Continued from page 1) radio Code Authority members on free radio shows. About three months ago, Ed Kuy- kendall and several other film men met with the radio committee on the free admissions to radio shows. The radio committee was to have drawn a report for Campi, analyzing the free shows, but since the meeting there has been no word from the broadcasters. With the practice spreading, some code members figure it is high time for another meeting between the two groups. Dent Not Coming Here London, Dec. 16. — Arthur Dent of B. I. P. plans no trip to America at this time, despite reports to the con- trary. Cochrane, Grainger Hold Chicago Meet Chicago, Dec. 16. — R. H. Cochrane, eastbound from the coast, met James R. Grainger, westbound from the east, for several hours here today and dis- cussed the arrangement made in Hollywood late last week whereby the company's laboratory work reverts to Consolidated for the next two years. Later in the day, Cochrane, together with Willard McKay, Universale at- torney, resumed his trip to New York. Grainger, who arrived Satur- day, leaves for Kansas City Monday night. Also eastbound are Herbert J. Yates and Ralph Poucher of Consolidated. Golden Favors Bank Nights as Stimulus Because he feels the practice in most instances helps exhibitors make money, Edward Golden, alternate for W. Ray Johnston on Campi, is in favor of bank nights. In several cases where he has sat on appeal committees, Golden has voted in favor of the bank night idea with the proviso that if it helps exhibi- tors it should not be abolished. Rosenblatt Cancels Trip Although he was expected to come in over the week-end, Compliance Director Sol A. Rosenblatt remained in Washington preparing for the pub- lic hearings on code amendments next Wednesday and Thursday. As soon as the NRA fact-finding committee on the local operators' basic wage scale completes its second report, Rosenblatt will again confer with the men at Campi. The meeting was planned for the latter part of the week, but will probably be postponed until early next week. Petrie Shines By BRUCE ALLAN London, Dec. 16. — A sensa- tional performance by Hay Petrie as Quilp makes Brit- ish International's "The Old Curiosity Shop" interesting for America. His makeup and characterization equal the best of the Lon Chaney roles and Hollywood probably will scramble for him as a result. The picture is a faithful in- terpretation of Charles Dick- ens and is good entertain- ment despite uneven casting and some staginess in the treatment. Coast Production Gains; 41 in Work (Continued from page 1) there are IS features and nine shorts in the final stages of preparation. In the cutting rooms there are 41 fea- tures and 20 shorts in the process of editing. M-G-M, Fox and Warners are the most active, M-G-M has seven fea- tures before the cameras, one prepar- ing and nine editing : Fox has seven, two and four ; Warners, seven, one and six ; Paramount, six, two and two ; Universal, three, one and four ; Columbia, three, zero and eight ; Cen tury. two, zero and one ; Radio, one, five and three ; Goldwyn, one, zero and zero, while the independents show four, three and four. In the short subject division all major producing organizations report none before the cameras. The inde- pendents' have four in work, three preparing and four editing. M-G-M has zero, two and four : Roach, zero, three and three ; Columbia, zero, zero and four, and Radio, zero, one and five. FWC Hearing Comes Up in Court Today (Continued from page 1) which alleges conspiracy and bread of contract by F.W.C. in a claim for $1,500,000 triple damages. The theatre involved here is the Orpheum, Sai Francisco. Harry L. Hartman, San Diego exhibitor, also has a claim for damages pending. Charles Skouras and Edward Zabel left for the coast by plane yesterday, they will arrive in Los Angeles this morning in time for the hearing. K. C. Uncertain on New Midwest Setup Kansas City, Dec. 16. — Since re- organization details are being worked out in New York, no verification can be obtained here of the report that Fox Midcontinent Corp. will supersede Fox Midwest Theatres Corp. Fox Midcontinent was organized some time ago to purchase certain Fox Midland assets involved in the Woolf- Shanberg litigation on which a com- promise was reached. It is believed here that National Theatres Corp. purchased the Midcon- tinent stock, but in the present re- organization status it is said to be uncertain whether Midcontinent or Midwest will be the parent company. While Elmer C. Rhoden is non-com- mittal on the reports that he will be president of the new companv, it was stated that Sp yros Skouras is most likely to head the new company with Rhoden as vice-president. Lightman Dominant In Memphis Section Memphis, Dec. 16.— M. A. Light- man moved into a dominant position in the urban as well as territory field here with acquisition of the Orpheum, Memphis' largest Main St. theatre, built in 1928 by local bond- holders for RKO operation. Details of the deal between Light- man and the Goldberg-Courshon- Solomon interests of Chicago are still being worked out, with Lightman in New York, but it is understood that eventually Lightman will take com- plete control. For the present, he and the Chicago company are acting as partners. Acquisition of the Orpheum puts Lightman interests ahead even of Loew in this territory. Lightman now has three downtown theatres, all on Main St., the recently remodeled Strand which shows Universal first runs and second runs from other companies ; the grind Princess fea- turing westerns and adventure subse- quent runs, and the Orpheum. In addition, he has six suburban spots, the Linden Circle, Lamar, Capitol. Rialto, Memphian and Joy, and nearly 30 out in the territory- Chicago Operators' Contracts End Soon Chicago, Dec. 16. — Current con- tracts for both circuit and Allied ex- hibitors with the operators' union ex- pire Jan. 11. The present set up ap- pears satisfactory to both sides and indications are that there will be bo issues of moment brought up when conferences begin shortly on a new deal for 1935. MOTION PICTURE DAILY* HOLLYWOOD PREVIEW "Biography of a Bachelor Girl" (M-G-M) Hollywood, Dec. 16. — For his sensational magazine, a young radical, Robert Montgomery, importunes a girl of many loves, Ann Harding, to write her amorous biography. Her first small town sweetheart, Edward Everett Horton, learning of the publication and intrigued by the worldliness of his old flame, con- trives to meet her on the eve of his running for the Senate. The action involves Horton, whose prospective father-in-law demands the abandonment of Miss Harding's biography for political reasons, while Horton becomes attracted again and Montgomery is hurtled into love with Miss Harding. The essential clash is between Miss Harding's so-called tolerance versus Montgomery's outspoken views against social parasites whose smug callousness has embittered him. A series of sophisticated situations smartly played for laughter holds the interest, although some stretches lack briskness. The adaptation from Sam Behrman's stage play and Anita Loos'' screen play with additional dialogue by Horace Jackson translated this adult stage entertainment with a minimum of spice yet retaining enough flavor of the original. Edward Griffith's direction is adequate and is geared in one key, although smouldering emotions are implied. Besides Miss Harding, Montgomery and Horton, Una Merkel, Edward Arnold and Charles Richman perform well. With marquee names for lure, comedy lines seem safest for exploita- tion. Previewed without production code seal. Running time, 85 minutes. "A." The Leading iewsjkbe Motioh^_ Picture Industry MOTION PICTURE DAILY Alert, Intelligent the I in All Branches OL. 36. NO. 143 NEW YORK, TUESDAY, DECEMBER 18, 1934 TEN CENTS Equity Gives Its Approval Vo Guild Move 7ew Dissenting Votes at Quarterly Meeting The proposed contract between LCtors Equity Ass'n. and the Screen LCtors Guild, awarding the latter ju- isdiction over motion picture act- rs, was approved by the regular uarterly meeting of Equity at the lotel Astor yesterday. The meeting was attended by 486 Equity members and the oral vote on ne Guild contract passed with only wo or three dissenting votes. The subject of Sundav shows in Jew York legitimate theatres was ot mentioned at the meeting. It was tated earlier by Frank Gillmore, (Continued on page 2) $ay Operators Paid To Pass Examination Charges have been placed before accounts Commissioner Paul Blan- lard that the last city administration ^sorted to graft in the issuance of perator licenses, it was learned yes- trday. The accusations followed a vo-month investigation of the licens- ag bureau of the Department of yater Supply, Gas and Electricity, hich licenses electricians and pro- tctionists. Many applicants for licenses are said j> have paid $500 to $1,000 for passing le required examinations. Soettiger, Tribune Man, on Hays Staff John Boettiger, formerly with the 'Washington bureau of the Chicago 'ribune, yesterday took over his du- : es as an assistant to Will H. Hays (.Continued on page 5) Ampa Goes Deluxe Ampa has inaugurated a new service. Stars arriving at the New- ark airport from the coast are met and brought to their , hotels gratis. Yesterday Karen Morley was met by an Ampa car and chauffeur, saving both the star and M-G-M the ex- pense of bringing the actress to the city. Schenck Long on Optimism; Grainger Sees Cheer Ahead By JAMES R. GRAINGER General Manager, Distribution, Universal Kansas City, Dec. 17. — In view of the fact that all companies have re- leased a very fine quality of pictures the last few which fleeted creased office every months is re- in in- b o x receipts, indica- The show must go on time — Ship via itional Film Carriers, Inc. — Adv. tion points to a healthy in- crease in bus- iness for dis- tributors and theatres in 1935. I feel the producing companies, because of the close contact they maintain with their sales organizations, are able to give careful thought to the type of pictures (Continued on page 5) By NICHOLAS M. SCHENCK President, Loew's, M-G-M Chicago, Dec. 17. — The outlook for 1935 is "very cheerful," Nicholas M. Schenck told Motion Pic- ture Daily to- day as he passed through en route from Hol- lywood to New York. "Business is now on the up- grade all over the world with the exception of France and Germany," h e declared. The L o e w circuit business currently is about 15 per cent over last year. Schenck is returning east after spending a short visit to the M-G-M studios where he (Continued on page 5) U.A/s Lineup Is Cut to 18, Says Schenck Chicago, Dec. 17.— United Artists will release 18 this season, or four less than the number announced, de- clared Joseph M. Schenck today. He is heading toward New York from Hollywood. Nine will come from 20th Century, he added, and a total of nine from Samuel Goldwyn, Reliance and Lon- don Films. The latter is expected to supply two. Others, however, may be added later in the year. Schenck said the Chaplin picture is (Continued on page S) RKO Radio Board Is Summoned for Today Merlin H. Aylesworth, president of RKO-Radio, has called a meeting of the board of directors for today to dis- cuss "general reports." On Sunday he met Pandro Berman and yesterday afternoon conferred with J. R. Mc- Donough. Aylesworth, who planned to leave for Hollywood last month, may leave around the middle of January. Mc- Donough and Berman return west next week. M-G-M Studio Setup Stays Sans Change Hollywood, Dec. 17. — After 10 days of conferences with production executives, Nicholas M. Schenck is now speeding toward New York ap- parently leaving operation of the M-G-M plant to continue as it did prior to his arrival here, insofar as associate producers on the lot are con- cerned. David O. Selznick, who for some time has been reported ready to leave when his contract runs out in Febru- ary to join John Hay Whitney and (Continued on page 6) Brandt, O'Reilly to Tour for New Setup Harry Brandt, president of the I. T. O. A., and Charles L. O'Reilly, head of the T. O. C. C, expect to make a tour shortly to line up inde- pendent exhibitor units on the plan to form a new national organization along Congressional lines. The plan has been discussed by the three local units, including Allied of New Jersey, and each have gone on record favoring it. The I. T. O. A.'s (Continued on page 6) NRA Hearings Will Air Code Change Needs Study of Amendments to Begin on Jan. 9 By CLARENCE LINZ Washington, Dec. 17. — Operation of major code provisions and the advis- ability of their amendment or contin- uation will be considered at a series of hearings to be held by the Na- tional Industrial Recovery Board be- ginning Jan. 9, it was said today. The first of the hearings, each of which, it is hoped, will not last more than a week, will be devoted to price control, but thereafter the board will take up a number of subjects, includ- ing the employment situation under the codes, the small business and (Continued on page 5) Skouras-RKO Deals To Be Signed Soon George Skouras' deal with RKO to take over the Embassy, Port Chester, and Strand, Rockville Center, L. I., is expected to be signed next week and calls for a five-year arrangement. The papers are now being drawn. The two theatres, like the William White group on upper Broadway, will bring the number of theatres operated by Skouras aside from the Fox Met- ropolitan group up to 10. RKO acquired the upstate and Long Island houses recently when it was (Continued on page 6) U" Is Seen Seeking Services of Breen Hollywood, Dec. 17. — Universal is understood to be seeking the services of Joseph I. Breen as story chief, Carl Laemmle, Sr., weighing the pos- sibility of having him serve at the same time as a sort of overlord of the company's coast activities who would help to harmonize the various studio interests. No decision is understood to have been arrived at. Retain Oil Name Under the terms of the agreement reached between the Hays office and the Standard Oil Co. of New Jersey the title of the show, "The Esso Marketers," will be retained until the com- plete schedule has been car- ried out, it has been learned. MOTION PICTURE DAILY Tuesday, December 18, I93< MOTION PICTURE DAILY (Registered U. S. Patent Office) Vol. 36 December 18, 1934 No. 143 Martin Quigley Editor-in-Chief and Publisher MAURICE KANN Editor JAMES A. CRON Advertising Manager Published daily except Sunday and holi- days by Motion Picture Daily, Inc., sub- sidiary of Quigley Publications, Inc., Martin Quigley, President; Colvin Brown, Vice-President and Treasurer. Publication Office: 1790 Broadway, New York. Telephone Circle 7-3100. Cable ad- dress "Quigpubco, New York." All con- tents copyrighted 1934 by Motion Picture Daily, Inc. Address all correspondence to the New York Office. Other Quigley pub- lications: MOTION PICTURE HERALD, BETTER THEATRES, THE MOTION PICTURE ALMANAC and THE CHI- CAGOAN. Hollywood Bureau: Postal Union Lite Building, Vine and Yucca Streets, Victor M. Shapiro, Manager; Chicago Bureau: 407 South Dearborn Street, Edwin S. Clif- ford, Manager; London Bureau: Remo House, 310 Regent St., London, W. 1, Bruce Allan, Representative. Cable address: "Quigpubco, London"; Berlin Bureau: Berlin - Tempelhof , Kaiserin - Augustastrasse 28, Joachim K. Rutenberg, Representative; Paris Bureau: 19, Rue de la Cour-des- Noues, Pierre Autre, Representative; Rome Bureau: Viale Gorizia, Vittorio Malpassuti, Representative; Sydney Bureau: 102 Sus- sex Street, Cliff Holt, Representative; Mex- ico City Bureau: Apartado 269, James Lockliart, Representative; Glasgow Bureau: 86 Dundrennan Road, G. Holmes, Repre- sentative; Budapest Bureau: 3, Kaplar-u, Budapest, II, Endre Hevesi, Representa- tive; Moscow Bureau: Civtzev Vrazhek, N. 25, Apart. 146, Moscow, U. S. S. R., Bella Kashin, Representative. Cable ad- dress: "Samrod, Moscow." Entered as second class matter, January 4, 1926, at the Post Office at New York City, N. Y., under Act of March 3, 1879. Subscription rates per year: $6 in the Americas, except Canada $15 and foreign $12. Single copies: 10 cents. Warner, Einfeld to Line Up New Films Hollywood, Dec. 17. — H. M. War- ner and S. Charles Einfeld's trip here at this time is for the purpose of lin- ing up next season's production sched- ule, they say. Einfeld is working on a campaign for "Sweet Music," now being com- pleted. The first Cosmopolitan production will go into work about Jan. 1, but the details have not been set. Preferred in Phila. Philadelphia, Dec. 17. — Preferred Pictures, Inc., a Pennsylvania corpo- ration, has opened offices here. Offi- cers of the corporation are : Presi- dent, Herbert L. Taylor; Charles Donahue will manage the Philadel- phia office, and Taylor will have charge of the Washington office. James W. Hanlon III Atlanta, Dec. 17. — James W. Han- lon, Atlantic branch manager for M-G-M, is seriously ill of double pneumonia, following flu. He has been at home for three weeks. Jules H. Michael Sick Buffalo, Dec. 17. — Illness of Jules H. Michael, chairman, has delayed the scheduled meeting of the Buffalo zone M. P. T. O. G. B. Selling Staff To Meet in Chicago Mid-western and western sales rep- resentatives of Gaumont British will meet in Chicago in about 10 days to screen and discuss sales plans for "Unfinished Symphony," "My Heart Is Calling," and "The Iron Duke." The meeting will follow along the lines of a similar conference held in New York over the week-end at which Arthur Lee and George Weeks spoke to the selling crew. The G. B. executives plan to be present at the forthcoming session as well. Those who attended the New York meet- ing were : Arthur A. Lee, vice-president ; George W. Weeks, general sales manager ; Clinton W. White, assistant sales man- ager : M. A. Mekelburg, Albany, John Scully, Ben Rogers, and Milton J. Hill, Boston; Howard F. Bring and Basil Brady, Buffalo ; Harry Skirboll and Manning j. Click, Cleveland ; Irving Gomberg, Harold J. Carlock, Charles Penser, Walter Pratt and Sol Kravitz, New York ; Harry Noble, New Haven ; Herbert Given, Joseph Singer, Eli Ginsberg and Joseph Toner, Philadel- phia ; Mark Goldman, Lou J. Engel and George Wheeler, Pittsburgh ; Joseph Kaliski and George Dillon, Washington. W. A. Ryan Quits G. B. Buffalo, Dec. 17.— W. A. ("Tony") Ryan has resigned his selling post here with Gaumont British. Howard F. Brink is Ryan's suc- cessor. Molly O'Day Married Hollywood, Dec. 17. — Molly O'Day, sister of Sally O'Neill, re- vealed here today that she and Jack Durante, of the stage, were married four months ago at Tia Juana. State Will Pay $2 Boston, Dec. 17. — The State The- atre Co. has declared a quarterly divi- dend of $2 payable Jan. 2 to stock- holders of record Dec. 21. Son Born to Clara Bow Santa Monica, Dec. 17. — A boy was born here yesterday to Clara Bow, wife of Rex Bell. Loew Sails for Home Havre, Dec. 17. — Arthur Loew sails on the lie de France tomorrow for New York. Report Chesterfield Merger; Is Denied London, Dec. 14. — Chesterfield Pictures is reported to be involved in a proposed formation of a new pro- ducing, distributing and exhibiting organization for Great Britain which would also include Julius Hagan and Twickenham Prod., the Sound City Producing unit of Shepperton, and Oscar Deutch, theatre builder and operator. Capitalization of the combined com- panies would approximate $18,000,- 000, it is estimated. Deutch has op- ened approximately 50 houses in Eng- land during the past year and, while none of them are of large seating capacity, it is believed the circuit would be used to form the nucleus of a larger one if the project under dis- cussion should be realized. George Batcheller, Jr., Chesterfield sales manager, said yesterday that the London report was unfounded in- sofar as his company was concerned. "Chesterfield is not involved in any merger move in England or else- where," he said. "I have no idea where or how the story originated." Feldstein to St. Louis St. Louis, Dec. 17. — William Feld- stein, has succeeded Harry Scott as sales manager of the local United Art- ists exchange. Detroit, Dec. 17. — Sydney Bowman replaces Give Waxman as office man- ager of the United Artists office here. Piazza With Paramount Hollywood, Dec. 17. — Ben Piazza, former caster at M-G-M, has joined Paramount as an assistant to Emanuel Cohen. He succeeds Mel Shauer, who will become an advisor for sales fac- tors on pictures for the foreign market. Raynor Joins Warners William H. Raynor, formerly with RKO and Publix, has joined War- ners as manager of the Memorial, McKeesport, Pa. Curtis Due Friday John Curtis, First Division vice- president, arrives from the coast Fri- day. Warner Pfd. Off Pfo on Big Board High Low Close Columbia Pictures, vtc 39 39 39 Consolidated Film Industries 454 456 456 Consolidated Film Industries, pfd 1854 18 1854 Eastman Kodak 109J4 10854 10854 Fox Film "A" 1354 1354 1354 Loew's, Inc 36 3554 35?6 M-G-M, pfd 2754 2754 2754 Paramount Publix, cts 356 3fi 354 Pa the Exchange 154 1 1 Pathe Exchange "A" 1454 14 1446 RKO 256 254 254 Warner Bros 454 454 454 Warner Bros., pfd 2354 2154 2154 Net Change + 54 + 56 - 54 + 56 + % - 54 - 56 + % + 56 - 56 -156 Technicolor Only Stock on Curb Technicolor Net High Low Close Change .13 13 13 Trading on Bond Market Spotty High Low Close General Theatre Equipment 6s '40 854 854 854 General Theatre Equipment 6s '40, ctf 854 854 854 Keith B. F. 6s '46 67 67 67 Loew's 6s '41, ww deb rights 10454 10454 10454 Paramount Broadway 5!4s '51 4354 4354 4354 Paramount F. L. 6s '47 6454 6454 6454 Paramount Publix 554s '50 65 6454 64% Pathe 7s '37, ww 99 9856 9856 Warner Bros. 6s '39, wd 60{4 5954 59?6 Net Change Sales 600 300 2.000 1.500 1,400 5,300 100 4.700 2.700 1,500 6,000 3,900 8.000 Sales 100 Sales Equity Gives Its Approval To Guild Move - 54 + 54 - 54 - 56 + 56 (.Continued from pGf/e 1) Equity president, that this issue may be settled within the next few months, however. A bill legalizing the Sunday legitimate performances will be in- troduced in the State legislature by Senator Julius Berg next month and is expected to pass. Equity will op- pose the bill, it was said, but in the event of its passage and in view of the failure of the quarterly meeting to instruct Gillmore yesterday, the Equity president will have three courses open to him. Equity may ac- quiesce to the new law; reject it for its members by continuing to prohibit them from engaging in Sunday per- formances, or accept it with specified reservations. Subjects recommended to the Equity council for future consideration and action included payment for re- hearsals ; social, unemployment, acci- dent, health and life insurance for members and the raising of the mini- mum pay for junior members now fixed by the legitimate code at S25 per week. New Wisconsin Unit Plans Quick Start Milwaukee, Dec. 17. — The newl Independent Theatres Protective i Ass'n., of Wisconsin and Upper Michigan, plans for the formation of which are expected to be adopted Wednesday at a meeting at the Hotel Plankinton, hopes to file articles of incorporation and begin functioning shortly after this meeting. One of the first aims of the new group, according to present plans, will be to hold a two or three-day conven- tion in January at which directors and officers will be elected. The committee in charge of enter- tainment for the Dec. 19 meeting, which has been called by the original organization committee of four M.P.T.O. of Wisconsin, four Allied and two unaffiliated members, con- sists of Al Kvool, George Fischer, Ray Tesch, A. C. Gutenberg and James J. Boden. Columbus Variety Club Adopts a Baby Columbus, Dec. 17. — Emulating the action of the Pittsburgh tent, the Columbus Variety Club has assumed legal guardianship of a three-months- old baby girl, abandoned on an ash heap in an alley areaway 30 days ago. The foundling, known as "Baby Ruth," was formally given into cus- tody of the club by Judge E. V. Ma- hafTey of the Juvenile Court and will be cared for in the Children's Hos- pital until the club later places it in a suitable private home. Back from Hollywood R. H. Cochrane, vice-president of Universal, and Ralph Poucher, vice- president of Consolidated, arrived from Hollywood yesterday. Herbert J. Yates, president of Con- solidated, and Willard McKay, gen- eral counsel of Universal, flew in from Kansas City and arrived Sunday. AND THE BEST ADVERTISED! Watch for details of the greatest national magazine campaign in film history! (OVER) MEET kbawid GorffeytiielcL An introductory to the proudest offering $t in the history of Metro-Goldwyn-Mayer Jfe "Farewell!" Heart-stabbing scenes between David and his mother TF Charles Dickens ^* could look down at his favorite child's re- birth and know of the reverence and love with which it is being at- tended, we believe that David Copperfield's creator himself could hardly withhold his blessing. "David Copperfield" — a name which spells magic to millions . . .a story that has cast a haze of enchantment over all who read it . . . now be- comes a motion picture that will live long in your heart. Produced by Metro-Goldwyn-Mayer, it is but natural that one of its most interesting features is the authenticity of its background. When David O. Selznick and his associates decided to make a picture of "David Copper- field" their first step was to go to England where, with Mr. Walter Dexter, internationally known Dickens' authority, they visited the scenes made famous by the original story. They photographed the house where David lived, the Hungerford Stairs leading down to the Thames near where the Micawbers lodged — Highgate, where Dora and David had their cottage — and Windsor Terrace where David lived with the Micawbers after his mother's death. Then they went down to Putney where David and Dora were married — and out to Gravesend where David saw old Mr. Peggotty off to Australia. Then to Yarmouth, the scene of little Em'ly's tragedy. They photographed Blunder- stone Rookery — the little country lane — Mrs. Copperfield's room arid David's little room Blunderstone Rookery where David was born. Just one of many be- loved landmarks that come to life on the screen BARRYMORE mm MADGE EVANS MAUREEN O'SULLIVAN EDNA MAY OLIVER FRANK LAWTON FREDDIE BARTHOLOMEW ELIZABETH ALLAN next to it. Then to Dover where Aunt Betsey Trotwood lived and where poor Mr. Dick flew his kite. Throughout the past century one great romance has lived to fascinate each new gen- eration . . . "David Copperfield". An immortal among books, it comes to the screen vivid with life and romance. What love is . . . what lovers feel . . . that is the story of "David Copperfield." Here indeed is a motion picture which justi- fies the prediction that it will rank among the Great and certainly will be the best loved pic- ture of 1935— a moving and faithful adaptation of one of the great stories of all time. Produced after two years of the most pains- taking research work from an adaptation super- vised by Hugh Walpole, the noted English novel- ist. Directed by George Cukor, who transferred "Little Women" from the pages of Louisa M. Alcott's novel, this sin- cere and moving drama- tization is given life and beautiful realism by a notable cast of 65 including: W. C. FIELDS MADGE EVANS EDNA MAY OLIVER FRANK LAWTON ELIZABETH ALLAN "Something will turn up." Touching is the friendship of Micawber (W. C Fields) and David. LIONEL BARRYMORE MAUREEN O'SULLIVAN LEWIS STONE FREDDIE BARTHOLOMEW ROLAND YOUNG ROLAND YOUNG M-G-M Production Staff in England in- spects Aunt Betsey Trotwood's cottage, faithfully reproduced in every detail on the screen. Tuesday, December 18, 1934 MOTION PICTURE DAILY 5 Schenck Long on Optimism; Grainger Sees Cheer Ahead NRA Hearings to Air Code Change Needs (Continued from page 1) minority situation and code and gen- eral NRA administration. Determination of the board to un- dertake its own investigation was reached after a lengthy meeting which resulted in the adoption of resolutions pointing out that the recovery admin- istration "has accumulated consider- able experience with respect to the functioning of our industrial system under codes and the appropriate rela- tionship of government thereto" and holding that "any policy should not be finally modified or confirmed until a full opportunity has been afforded all interested parties to supplement existing information." Announcement of the hearings, coming as it did on the heels of dis- closures that the new industrial re- covery legislation might make pos- sible the dropping of some of the codes, is seen as an effort on part of the board to ease the codes so as to forestall any determined attempt to bring about a return of the old unrestrained competitive situation. From the standpoint of the film in- dustry, the hearings on the minority situation is apt to bring fireworks, since it will permit interests which assailed the code at the Darrow hear- ings again to air their grievances. Brandt Hits Setups On Code Complaints Objecting to the local code board setup and protection granted Warners and Loew's over independents, Harry Brandt, president of the I. T. O. A., yesterday declared that the code had done nothing after a year and one week except set up machinery to regu- late the filing and hearing of com- plaints. Brandt recently took over the Broad, Newark, and when he learned War- ners' Regent had 38 days' protection over the house, he filed a complaint with the local board. Warners tried to postpone the hearing scheduled for yesterday, but Brandt refused because of the situation on bookings. When the case was called yesterday, a dis- tributor's representative on the New Jersey advisory board could not be located and as a result the hearing was adjourned. Brandt stated that the postponement means it will take from three to four months before the case is finally adjudicated, since it must go to the main board after the local com- mittee gets through with it and from there to a Campi appeal committee and finally to Code Authority. Brandt said he was cooperating with the NRA, having opened 17 theatres in the last three years. The Broad has an overhead of more than $700 a week and he said he will keep it open regardless of Warners or any other circuit. Loew's protection in New York has been opposed by independents for some time. Unaffiliates claim that the "spread eagle" system of Loew's milks pictures dry by the time they are ready for the small house. Both the Loew and Warner situa- tions will be discussed at the regular I. T. O. A. session tomorrow at the Astor. Measures against the protec- tion by circuits will be recommended, Brandt stated. By JAMES R. GRAINGER (Continued from page 1) that will please the theatre-going public. The proof of the pudding is in the eating. The results obtained so far this season on the fine quality of pic- tures released indicate we are all on the right path toward improvement. By NICHOLAS M. SCHENCK (Continued from page 1) discussed production. His visit west was in the nature of an annual trek to confer with production executives. Two More Drawings Are Ended by Campi Lucky Bucks and Bank Night have been ordered discontinued by Campi at the Granada, Bakersfield, Cal., and the Rivoli, Monmouth, 111., respec- tively. Dick Lemucchi of the Rialto, Bakersfield, Cal., filed the first com- plaint and W. R. McLaren of the Ada registered the second. In both instances it was found that the ten- dency was to reduce admissions. Frank Panoplos of the State, Clair- ton, Pa., complained of the 28-day clearance maintained by Warners' Harris-AIemorial and Victory at Mc- Keesport. Code Authority has ruled that the clearance is not excessive, but that if the Harris-Memorial waives clearance over the Victory, then the State may receive a like advantage. Although the Atlanta grievance board dismissed the overbuying com- plaint of Gonzalo Benzanilla and Arthur Gomez of the Palace, Key West, Fla., against Juan Carbonell, Monroe, same city, Campi awarded the complainants 90 pictures on the ground that the six-change-a-week policy of the Monroe was unfair. Decision of dismissal by the Port- land grievance board in the com- plaint of Bob White, Portland, Ore., against the Liberty and Hollywood, same city, was upheld by Campi. White objected to the defendants get- ting prior runs with admissions lower. First Appeal Heard On RKO Cancellation First instance of an alleged refusal by Radio to grant cancellation of three pictures in connection with the 10 per cent provision of the code came up before an appeal commit- tee yesterday composed of Harold S. Bareford, Charles Rosenzweig and William Yoost. J. Steel of the Apollo, Oberlin, O., is the complainant. He contends that the distributor offered him an op- tion of 51 to 52 films and he accepted the 51 on 1933-34 schedule. Radio ar- gues that no such option was offered and since the exhibitor did not buy all the films he was not entitled to can- cellation benefits. Lightman Adds Another Memphis, Dec. 17. — M. A. Light- man has leased the Central, Hot Springs, Ark., for 15 years, starting Jan. 1. The house, now operated by Sidnev Nutt, makes Lightman's 41st. ' Just Ducky Goo Goo, who appeared with Joe Penner, returned from the coast yesterday, well crated and well fed. Golden to Preside At Hearing Today Edward Golden, general sales man- ager for Monogram, will be chairman of an appeals committee which today hears the conspiracy complaint of the Rosewood, Chicago, against Essaness circuit and distributors. Golden was chairman of a committee which was scheduled to hear the com- plaint last week, but a mixup in notify- ing attorneys of the various companies resulted in several being absent and a postponement of the hearing. Golden noted on the record at the close of the session that he should be delegated to sit when the case should come up and Campi upheld the Monogram sales official. John C. Flinn, who met with the Buffalo code board and exhibitors yes- terday in an effort to get a workable clearance schedule drawn, returned late last night to be on hand this after- noon for the session. He attended the last hearing when the adjournment was effected. U. A. Lineup Cut to 18, Says Schenck (Continued from page 1) expected to be completed by April, but release will be set back until Sept., 1935. All of Darryl Zanuck's re- leases were promised on a big scale by Schenck, who cited "Richelieu" and "Clive of India" on the list of those to come. The U. A. president plans to re- main in New York two months on production and sales. Boettiger, Tribune Man, on Hays Staff (Continued from page 1) in a public relation capacity at M. P. P. D. A. headquarters here. Boettiger was mentioned in a United Press despatch from Wash- ington yesterday as the subject of ru- mors about the Capitol that he would marry Anna Dall, daughter of Presi- dent and Mrs. Roosevelt. The des- patch added that Boettiger declined to comment on the rumors before leaving for New York Sunday. Boettiger has covered political as- signments for the Chicago Tribune for the past 10 years, including Pres- ident Roosevelt's 1932 campaign. He had the White House assignment for that paper at the time of his resigna- tion. Discuss Codes at Topeka Kansas City, Dec. 17. — Grace Gannon, local code boards secretary, will attend a meeting of code repre- sentatives at Topeka tomorrow. An NRA representative from Washing- ton will attend the meeting. fW" HIGH INTENSITY ILLUMINATION FOR THE SMALLER THEATRES AC National High Intensity ■ ^■« A. C. Projector Carbons for the new A. C. High Intensity lamps. Designed for arc currents up to 80 amperes. D.C National SUPREX Car- bons for the new D. C. High Intensity lamps. Designed for arc currents of 40-65 amperes. ATTRACT NEW PATRONAGE WITH SNOW WHITE, HIGH INTENSITY SCREEN ILLUMINATION. NATIONAL CARBON COMPANY, INC. Carbon SaUi Division, Cleveland, Ohio Unit of Union Carbido |I|»H and Carbon Corporation Branch SaUi Offices: Now York • Pittsburgh • Chicago • Son pranciico MOTION PICTURE DAILY Tuesday, December 18, 1*341 M-G-M Studio Setup Stays Sans Change (Continued from page 1) Pioneer Pictures, is now believed ready to re-sign. Irving Thalberg denies reports he planned to take a nine months' vaca- tion in Europe. "Selznick Stays" — Schenck Chicago, Dec. 17. — Nicholas M. Schenck today expressed his confi- dence that David O. Selznick will con- tinue with M-G-M. Reports have had him joining John Hay Whitney. "Metro has not lost an executive since I have been president. That record speaks for itself. Selznick definitely will remain with us. We like him and he likes us. He can be with us as long as the association is mutually satis- factory," added Schenck. The M-G-M president also took oc- casion to deny reports Irving Thalberg planned a trip to Europe in February, indicating the latter had four or five pictures in preparation which would prevent making any extended trips for some time. Blames Fuss on RKO Kansas City, Dec. 17. — The local first run fracas on price was started by RKO, Nicholas M. Schenck stated here Sunday night as he passed through, New York-bound. He charged RKO with failing to maintain the price schedule agreed upon for a combination picture and vaudeville policy and stated Loew's Midland cut its scale in retaliation. While he gave it as his opinion that downtown price stabilization depended upon whether or not RKO will raise tariffs at its Mainstreet, Schenck, at the same time, expressed confidence that the situation will adjust itself shortly. He said he viewed it as unfair for suburbans to protest the Midland's 15-25 cent balcony price because they held many advantages over downtown operations. Schenck spent much of his time on the train playing backgammon. Stebbins in Party Arthur W. Stebbins arrives in New York from Hollywood today. He is in the same party with Nicholas M. and Joseph M. Schenck. Cleveland Dividend Fails to End Slump Cleveland, Dec. 17. — Although ap- proximately $14,000,000 has been re- leased locally within the past two weeks by a 10 per cent payment on deposits of the closed Union Trust Co., and rebates from the East Ohio Gas Co. in compliance with state regulations, theatres, especially those in the suburban area, report they are experiencing a heavy pre-holiday slump. Downtown theatre business has held up to about normal. It is figured that the recently re- leased money is being poured into de- partment and gift stores. Brandt, O'Reilly to Tour for New Setup (Continued from page 1) plan to join a national organization is out. The move on the new country- wide association gets under way after the first of the year. MOTION PICTURE DAILYS HOLLYWOOD PREVIEW "The Band Plays On" (M-G-M) Hollywood, Dec. 17. — This embodies all the ingredients for sure- fire entertainment and has rich, faithful blending of action, drama, com- edy, romance and heart interest expertly handled by all departments with much credit due to Producer Ned Marin's wise selection of the story and his follow through to appealing results. The story concerns four young boys, at the mischievous age of 14, checked in a career of crime and placed in a reform school where athletics predominate under the direction of Preston Foster, who later becomes football coach at a large university. He molds the four ruffians, Robert Young, Stuart Erwin, Russell Hardie and William Tannen, to respectable manhood, where they become a quartet of sensational football players on his team and identified as the "Four Bombers," paralleling the "Four Horsemen of Notre Dame." True friendship, loyalty of all five, plus Betty Furness, cleverly in- jected for romance by administering sisterly and paternal advice through a series of hardships, evoke sympathy, laughter and heart interest. Tempting offers for the boys to turn professional furnish unusual plot suspense to an effective climax. Most of the action takes place in the college dormitory and on the gridiron with a series of hair-raising foot- ball games executed under the able direction of Russell Mack. The comedy element, woven throughout, is well done by Leo Carrillo and Ted Healy, abetted by Erwin portraying the dumb guy always talking at the wrong time. Production Code Seal No. 457. Running time, 90 minutes. "G." "The County Chairman" (Fox) Hollywood, Dec. 17. — Will Rogers, as a cracker-barrel politician as native as homespun, will set audiences howling as his earthy humor un- rolls from the screen in this Edward W. Butcher production for Fox. Showmanship consists of varied entertainment, of romance more than is usual for a Rogers film and of plenty of comedy philosophy blended with yesterday's political tactics still used today, plus heart interest and action. The film is set in Wyoming at the time when women first voted. Will, intent on beating his rival (Berton Churchill), who lied to Louise Dresser years before and married her, nominates and elects his youthful law partner (Kent Taylor) over Churchill. Evelyn Venable, Churchill's daughter, in love with Nominee Taylor, complicates things, which Rogers clears up. The entire cast is splendid, with Miss Venable particularly appealing a la Gibson girl and Stepin Fetchit's articulation enhancing the comedy. It is a clean, wholesome, swiftly paced film. All hands merit kudos for producing a fine, tongue-clucking showman's show. John Blystone's direction is flavorsome and topnotch. Hal Mohr's photography is inspired. It looks like an assured cleanup in all spots. Production Code Seal No. 486. Running time, 85 minutes. "G." 4 Purely Personal ► UERBERT J. YATES braved *■ plane from Kansas City to Nev York, all for the sake of seeing tha new grandson and first child of hi, daughter, Mrs. Titus. Jeff McCarthy wrenched his bacf the other day and now is in the Medi cal Arts Sanitarium for a few days Reported not serious. John McGeehan is in Reading and Harrisburg to prepare exploits tion on "The Mighty Barnum." Karen Morley and her husband Charles Vidor, have arrived at thi Warwick to spend the holidays. Bob Gillham is flying east fron Hollywood and is due in today. Ted Schlanger was in Philadel- phia yesterday. Grad Sears is in Chicago. Bad Wednesday. Skouras-RKO Deals To Be Signed Soon (Continued from page 1) actively engaged in a campaign for ad< ditional units. Spyros Skouras will head west abou the middle of next month, he statei yesterday, to look over the Fox Wes Coast situation under reorganization Charles Skouras and Edward Zabel who planned to return to Los Angele: by plane Sunday, were forced to taki a train because of bad flying weather Minor details have to be worked ou before the 10-year joint operating con- tract is signed by the Skourases. Spy- ros will sign it here and Charles wil affix his signature on the coast. Thr procedure is now regarded as routine Skowhegan Has 6th N. E. Theatre Fire Skowhegan, Me., Dec, 17. — Th< sixth major theatre disaster in New England within five days took place yesterday when a $10,000 fire dam-: aged the interior of the Strand here Defective wiring is believed to have caused the blaze, which was discov-; ered after a hot air explosion blasted open the exits. Penn-Federal Shows 1934 Net of $7,700 Pittsburgh, Dec. 17. — For the fiscal year ending Aug. 31, the Penn- Federal Corp., which operates the Penn, showed earnings of $7,700 after all charges, including 87 cents a share on 8,900 shares of preferred stock. This contrasts with a net loss of $11,977 a year ago. Gross income was $809,021, or a gain of roughly $100,000. The net be- fore interest and depreciation, items which were practically the same both years, was $157,017, compared to $134,931 in 1933. The management also secured a $10,000 annual reduc- tion in rental. Funded debt was re- duced $24,000 to $837,000 and 200 shares of preferred stock were re- tired. The cash available from de- preciation permitted the repayment of a $50,000 loan to Loew's and United Artists. Exceptionally Fine For Holiday Bookings 0& — >=V. RTOO MS Real Headline Attractions "JACK AND THE BEANSTALK" "ALADDIN AND WONDERFUL LAMP" "THE QUEEN OF HEARTS" "THE HEADLESS HORSEMAN" "DON QUIXOTE" CELEBRITY PRODUCTIONS, Inc., 723 7th Ave., New York City "THE BRAVE TIN SOLDIER" "THE LITTLE RED HEN" "PUSS IN BOOTS" "VALIANT TAILOR" "JACK FROST" * The Leading Motior Picture Industry MOTION PICTURE DAILY Alert, Intelligent the I in All Branches -OL. 36. NO. 144 NEW YORK, WEDNESDAY, DECEMBER 19, 1934 TEN CENTS ?ight on FWC Sale Delays Case 2 Days iriefs Are Ordered on Anti-Trust Suits Los Angeles, Dec. 18— Opposition L approval of the proposed Fox West oast sale to National Theatres Corp. •ok uo several hours yesterday and tiallv resulted in a two-day postpone- jent to allow both sides to file briefs. U. S. District Judge George Cos- rave is then expected to render an arly decision upon the plan of reor- anization approved by Referee Earl .. Moss. The only two opponents are Mar- nall Square Theatre Corp., operator t the Orpheum, San Francisco, and larry I. Hartman, operator of the •rpheum, San Diego. They have anti- -ust suits pending in which they seek {Continued on page 8) July 15 Lease Cases Out of 1,689 Filed Of the 1,689 combined cases __filed ith the 64 local boards, only IS in- olved leases, Tvree Dillard, Jr., :ated yesterday before leaving for Vashington. He will present these lets to Compliance Director Sol A. .osenblatt at the public hearing today n elimination of the leasing clause. Changes in the vaudeville clauses as 'ell as an extension from 15 to 30 ays for handing down decisions by ampi will be discussed. A number of circuit heads left for le capital last night to listen in on le vaudeville hearing. Philadelphia Plan For Clearance Off Plans for promulgating a clearance nd zoning schedule in Philadelphia ave been held up pending word from 'ampi, Leonard Schlesinger, War- er zone manager in that territory nd a member of the local clearance nd zoning board, stated yesterday. No meetings have been scheduled by ie local board, he stated. The I.E. '.A. has held a meeting to draw up schedule, but such action is regarded s unofficial in view of the Code authority order. Chicago Conspiracy Case Is Withdrawn Excitement over conspiracy charges ^gainst major distributors by George Z. Gering of the Rosewood, Chicago, izzled yesterday when the adjourned {Continued on page 8) Sarnoff and Laemmle Join Optimism Ranks for 1935 By DAVID SARNOFF Chairman of Board, RKO Improvements in program material, methods of production and reproduc- tion, and in audience taste came hand-in- hand in the last year in the in- dustry. They give definite promise of bet- ter business in 1935. This mo- tion picture de- velopment was paralleled in the related art of broadcasting, where advances in programs, the technique of transmission, and in re- ceiving set design added greatly to the {Continued on page 8) By CARL LAEMMLE, SR. President of Universal Hollywood, Dec. 18. — What about 1935? Personally, I think it is going to be a splendid year for all of us. We have learned so much during the past three years, and the prospects for returning prosperity are so bright, that I feel confident the business will benefit doubly. More people have money, more people feel like s p e n d i ng money. We have learned how to economize and we have learned how to {Continued on page 8) Amalgamation Of G. B. Units Now Expected By BRUCE ALLAN London, Dec. 18. — Amalgamation of all Gaumont British interests, includ- ing absorption of Gainsborough Pic- tures, a subsidiary, is expected by many observers of industry develop- ments. It is felt that increased rev- enue wrould result from Gaumont's American distribution outlet. This impression was strengthened at the annual meeting of Gainsborough shareholders when C. M. Woolf, re- plying to a shareholder's question, ad- mitted that a Gainsborough-Gaumont British amalgamation was being con- sidered. Developments are also looked for {Continued on page 11) Smalley-Schine Row Goes to Washington Hearing before the NRA Compli- ance Board in Washington on the leas- ing argument between William C. Smalley and Meyer Schine, upstate New York circuit operators, is slated for tomorrow with principals involved on hand as well as Tyree Dillard, Jr., Campi legal head. The leasing complaint first went be- fore the Albany board. It was re- ferred to Campi, which has certified it {Continued on page 8) Kansas City's Price Battle Outlook Hazy Kansas City, Dec. 18. — A state- ment Nicholas M. Schenck made to Motion Picture Daily while in Kan- sas City en route to New York, to the effect that there is a class of patrons which cannot afford more than 15 or 25 cents for entertainment, may indi- cate a price policy for Loew's Mid- land here precluding an early cessa- tion of the price war among Kansas City downtown first runs. Discussing the local situation, Schenck said any move by Loew's to increase the Midland's tariffs would have to be preceded by restoration of the 50-cent top set at the start of this season by RKO for stage shows and {Continued on page 11) Louisiana Bills to Affect Film Firms New Orleans, Dec. 18. — Three corporation bills affecting the industry are being rushed through the third special session of the Louisiana Legis- lature. One increases the corporation fran- chise tax from $1.50 per $1,000 of cap- italization to $2 per thousand and pro- vides that the 50-cent raise shall go to Louisiana State University. Another makes it mandatory for {Continued on page 8) Predict New Court Fights On Dual Bans Actions Hinge on Ruling In Philadelphia Case _ Court attacks on contractual restric- tions against double featuring wher- ever they are in force will be launched by independent producers and distribu- tors in the event of a Federal court decision in Philadelphia declaring such restrictions to be illegal, spokesmen for the independents said yesterday. Chicago, Cleveland and Los Angeles, all committed to single feature pro- grams at present, will probably be the next centers for court tests of the validity of double feature bans, it was stated. Different situations are pre- sented in these cities, which adopted single feature programs through ex- hibitor agreement, whereas in Phila- delphia the restrictive measures were initiated by distributors. Some ques- tion exists, as a result, as to whether {Continued on page 8) Chicago Scoffs at Invasion by Loew's Chicago, Dec. 18. — Reports that Loew's would invade the neighbor- hood field here are denied by Aaron Jones and scoffed at by exhibitor or- ganizations. Certain circuits are bit- ter over M-G-M's insistence upon percentage and Saturday and Sunday playing time, but Jones says he nego- tiated no Loew tieup while in New York. This statement was made as a de- nial to a report that he had closed a deal to operate houses for Loew here. The opinion here is that Loew would find it difficult to break into the field unless it should build new houses. Warners Hold All Principal Officers All officers of Warners were con- tinued in their present posts at the company board of directors' meeting yesterday, except for one minor change that resulted in an exchange of posi- tions between Cyril H. Wilder, who {Continued on page 8) Ohio Showmen Look For Pickup in 1935 Columbus, Dec. 18. — Although first run exhibitors, as well as subsequents, in practically every Ohio situation, re- port decreased pre-holiday attendance, they are hopeful for a decided pickup {Continued on page 8) MOTION PICTURE DAILY Wednesday, December 19, 193- MOTION PICTURE DAILY (Registered U. S. Patent Office) Vol. 36 December 19, 1934 No. 144 Martin Quigley Editor-in-Chief and Publisher MAURICE KANN Editor JAMES A. CRON Advertising Manager Published daily except Sunday and holi- days by Motion Picture Daily, Inc., sub- sidiary of Quigley Publications, Inc., Martin Quigley, President; Colvin Brown, Vice-President and Treasurer. Publication Office: 1790 Broadway, New York. Telephone Circle 7-3100. Cable ad- dress "Quigpubco, New York." All con- tents copyrighted 1934 by Motion Picture Daily, Inc. Address all correspondence to the New York Office. Other Quigley pub- lications: MOTION PICTURE HERALD, BETTER THEATRES, THE MOTION PICTURE ALMANAC and THE CHI- CAGOAN. Hollywood Bureau: Postal Union Life Building, Vine and Yucca Streets, Victor M. Shapiro, Manager; Chicago Bureau: 407 South Dearborn Street, Edwin S. Clif- ford, Manager; London Bureau: Remo House, 310 Regent St., London, W. 1, Bruce Allan, Representative. Cable address: "Quigpubco, London"; Berlin Bureau: Berlin - Tempelhof , Kaiserin - Augustastrasse 28, Joachim K. Rutenberg, Representative; Paris Bureau: 19, Rue de la Cour-des- Noues, Pierre Autre, Representative; Rome Bureau: Viale Gorizia, Vittorio Malpassuti, Representative; Sydney Bureau: 102 Sus- sex Street, Cliff Holt, Representative; Mex- ico City Bureau: Apartado 269, James Lockhart, Representative; Glasgow Bureau: 86 Dundrennan Road, G. Holmes, _ Repre- sentative; Budapest Bureau: 3, Kaplar-u, Budapest, II, Endre Hevesi, Representa- tive; Moscow Bureau: Civtzev Vrazhek, N. 25, Apart. 146, Moscow, U. S. S. R., Bella Kashin, Representative. Cable ad- dress: "Samrod, Moscow." Entered as second class matter, January 4, 1926, at the Pest Office at New York City, N. Y., under Act of March 3, 1879. Subscription rates per year: $6 in the Americas, except Canada $15 and foreign $12. Single copies: 10 cents. RKO Radio Board Meets The quarterly meeting of the board of RKO Radio Pictures was held yesterday with a routine schedule of financial and corporate reports slated to be acted upon, according to M. H. Aylesworth, president, prior to the close of the session which extended into the late evening. J. R. McDon- ough, chairman of the RKO Radio board, who came east for the meeting, returns to the coast late this week. Roxy Invites Governor Governor-Elect George H. Earle of Pennsylvania and chief executives of nearby states will attend the opening of the Mastbaum under manage- ment of S. L. (Roxy) Rothafel on Sunday night, Leonard Schlesinger, Warner Philadelphia zone manager, stated yesterday. In addition, sales executives from New York and nearby territories will be on hand, he says. Paramount in Rush Hollywood, Dec. 18. — Paramount is in a production rush with six features in work and six going into production this week. It is estimated that 2,600 persons will be on the studio payroll during the holiday period. Ludington Going West Nicholas S. Ludington, president of First Division, will leave for the coast about the end of the month to link dis- tribution activities with the new studio program. Insiders' Outlook BEHIND Ben Schulberg's plan *-*to crash into the independent market with both feet and a greater measure of independence than has marked many, if not all, of similar and earlier plans, lurks considerable courage. Only Schul- berg doesn't view it that way. He thinks the scheme is practical, definitely of potential profit and so he is mentally poising a de- cision to make at a moderate cost, but of enough cost to make them good, a series of eight pictures with no commitment as to dis- tribution. That will come through the highest bid from the best distributor when the studio job is completed. . . . ▼ It runs like this, Schulberg talking : "A question of a producer's mettle. No assurance aforesaid that I would have a distributor will turn me more cautious in see- ing to it that I do a better job. Isn't it obvious that this would be a prerequisite? What I am considering is production of three pictures at the same time and the application of straight merchan- dising tactics in their sale. It is common practice for all distrib- utors, at some time or another through the season, either to be short of pictures or shy of a par- ticular type of picture. That sort of difficulty always crops up. I think I can turn out what the distributor can use and sell it at a better price than I might get, were I to make a deal prior to production." T Whether or not he goes ahead ties in directly with several other matters. There is rumored pend- ing— it looks like fifty-fifty chance now with scale dipping either way shortly — a deal by which he would again head Par- amount production. There is in the offing, and not nearly so far removed from fact as the geo- graphical distance between New York and London, a deal to make five big pictures a year in England. In the meantime, Ben placidly smokes his long, black and excellent cigars, catches up on his sleep, goes to the theatre and enjoys his liberty for the first time in years. "Behold My Wife" was his last for Para- mount. He actually doesn't know which studio will house his hat- rack next and moreover doesn't give much a hoot anyway. . . . T Episode something or other in the Paramount serial: Reorgan- ization groups, although in agree- ment on provisions of the plan, are splittiing into two camps over the inclusion of company and in- dustry men on the board. One camp, apparently headed by the stockholders' committee, is advo- cating a directorate which would include four or five men of wide industry experience in addition to Adolph Zukor, already named. This coterie looks with favor on nominees such as George Schae- fer, Austin Keough and Walter B. Cokell. . . . T A heavy representation of com- pany men, they contend, would make of it a "rubber stamp" body, inclined to give unquestion- ing approval to anything bearing an executive recommendation. They add that men of film ex- perience from outside the com- pany, carrying the desired quali- fications, would be welcomed — if they could be found. Mean- while, the reorganization groups move no nearer to an agreement on selection of new board mem- bers. . . . T In the opposing trench or in in the opposite camp, which Big Board Stocks Have a Good Day Net Columbia Pictures, vtc. Eastman Kodak Fox Film "A"... Loew's Inc.. pfd. .. Paramount Publix RKO Warner Bros Warner Bros., pfd. High Low Close Change Sales 39 38& 39 600 454 454 4% + 54 500 im 18 WA + % 2,000 109J4 108 54 109M +154 600 13% 13 1354 1,000 365i 35% 36 + Vi 4,500 mi 104% 104% + % 100 2M 3% 3% + Vs 7,500 254 2% + 54 27,500 4% 454 454 3,300 22 22 22 + % 3,000 Technicolor Advances Half on Curb Technicolor Trans Lux . High . 1354 Low 13 Net Close Change 1354 + 54 2 -a RKO Bonds Make 3-Point Gain High Law Close General Theatre Equipment 6s '40 9 854 9 General Theatre Equipment 6s '40, ctf 8 8 8 Keith B. F. 6s '46 67 67 67 Loew's 6s '41, ww deb rights 105 10454 105 Paramount Broadway 554s '51 44 44 44 Paramount F. L. 6s '47 6434 6354 6454 Paramount Publix 554s '50 65% 64 65% RKO 6s '41, pp 39 37 39 Warner Bros. 6s '39, wd 6054 60 6054 Net Change + 54 -54 + Va - H - 54 + % +3 + % Sales 600 300 Sales 4 5 1 12 1 30 75 5 55 seems to include the bondholders' committee and the creditor bank group, the viewpoint prevail; that the advice of company ex- ecutives will be available always to the board and, therefore, that body might just as well be com- prised entirely of men of wide financial, corporate and, even, of literary experience. These groups contend that such a board would be best fitted by individual quali- fications and viewpoint, when augmented by an advisory com- mittee of company executives, to serve the new company. . . . T Candidates in plenteous num- ber have been mentioned during the past few weeks, but none has succeeded in attracting sufficient support to be considered a proba- bility. And still the hope re- mains in reorganization circles of three to five additional directors named in advance of the Federal court hearing, now a mere eight days away. In the meantime, the stockholders' committee and other creditors' committees, are withholding their final approval of the plan until the directorate has been given some indication of finality. Lacking this by Dec. 27, indications now are that the plan may to before Federal Judge Coxe on that date without sup- port of some creditors' groups which may be essential to its acceptance by the court. . . . ▼ Added to this division within the ranks of the creditors who are really agreed upon the plan's provisions but not on the direc- torate, are objections of minority creditor groups who oppose not only the directorate but the pro visions of the plan itself. In siders say these objectors could be overcome only by a solid front of the large creditor groups in support of the plan when it goes before the court. Which would indicate that an agreement on the make-up of the new board will play a leading part in Para- mount developments during the next week. And so it goes. On and on. . . . T Will Loew invade the Chicago neighborhoods? Off hand and based on general knowledge, you understand, completely unfortified by facts to support the conten- tion, this watchtower would de- scribe the reports as a lot of noise. It seems that Metro is insisting that Windy City sub- urbans play a number of Leo's choicest on percentage and pre- ferred playing time as well ; that some of the exhibitors there have informed Metro to fly a kite or something perhaps less polite. . . ■ T It also seems Metro is circu- lating the yarn it proposes in- vading the city by acquisition of theatres more or less in the wholesale manner. This cynical (Continued on page 9) 'in unusudl tribute to an unusudl hit! 104 .. i important theatres are playing it day and date on the most important date of the show season DEC.2A WARNER MYRNA BAXTER • LOY in FRANK CAPRA'S production BROADWAY BILL By Robert Riskin— Based on the story by Mark Hellinger A COLUMBIA PICTURE Direct from two successful weeks at Radio City Music Hall 'My dear, you must see Irene Dunne in f Sweet Adeline'." "I hear Bette Davis gives a simply marvelous performance with Paul Muni in f Bordertown'." Have you seen Irene Duni in 'Sweet Adeline'?" "I can hardly wait to see Rudy Vallee's new picture, f Sweet Music'!" See — what a grand directioi job Mervyn LeRoy's done ii f Sweet Adeline'!" "Have you heard that Warners are going to film f A Midsum per Night's Dream'? "They sayfBordertownV the best thing Paul Muni has ever done. THE BEST ARE YET TO Do»9lass h Mont "TUr ft*"9" Lowell Sherman's "NIGHT LIFE OF THE GODS Howard Hawks' SUTTER'S GOLD **** c\<*> *e ■ Uayo'Pi IMITATION OF LIFE is doing everywhere . • . Now watch UNIVERSAL step out again, and again, and again with these smash- ing money-coiners! MOTION PICTURE DAILY Wednesday, December 19, 1934 Predict New Court Fights On Dual Bans (Continued from page 1) legal action could be brought in Fed- eral courts to upset a trade system adopted by local exhibitors. The Cleveland double feature pro- hibition has been upheld by the Ohio state court following an attack on its enforcement last summer. Edward Golden, Monogram sales manager, said that the independents' attack would be launched in Federal court there im- mediately after the first of the year. He stated that the action there would be taken regardless of the outcome of the Philadelphia case. Warners Hold All Principal Officers (Continued from page 1) had been serving as an assistant treasurer, and Paul A. Chase, who had been an assistant secretary. The other officers are : Harry War- ner, president; Albert and Jack War- ner, Sam E. Morris and Herman Starr, vice-presidents ; Albert War- ner, treasurer; Samuel Carlisle, W. Stewart McDonald, assistant treas- urers ; Abel Cary Thomas, secretary and general counselj Harold S. Bare- ford, Edward K. Hessberg, assistant secretaries ; Samuel Carlisle, comp- troller, and Thomas J. Martin, auditor. Albert Warner presided. Louisiana Bills to Affect Film Firms (Continued from page 1) foreign corporations to keep in this state records of their stock transfers. A third makes it mandatory for for- eign corporations to keep in their prin- cipal offices in this state a full set of books and other records. This will open details of exchange business here to the State Tax Commission. "U" Agency fs Bombed The Midtown Agency, Universal's representative in Cuba, was bombed Monday night, according to word re- ceived yesterday by N. L. Manheim, foreign sales manager for the com- pany. Forty establishments, covering a wide range of businesses, were sub- mitted to terroristic tactics that night. Para, to Open Friday The Paramount will open its next week's program Friday, instead of on Christmas day as planned. Stage shows will be resumed with Fred Waring and his Pennsylvanians as the attraction. "Here Is My Heart" will be on the screen. Wing to Make Color Film Director Ward Wing, recently here from London, will make "The Great White Rajah" for CineColor, the British company. The film will be shot in Borneo, he says. Grace Moore to Coast Hollywood, Dec. 18.— Grace Moore is expected back here for the holidays. She has been on a concert tour. She will start work early next year on a new musical for Columbia. Sarnoff and Laemmle Join Optimism Ranks for 1935 By DAVID SARNOFF (Continued from page 1) size of the listening audience and to its pleasure in radio. Public interest in motion pictures is not limited alone to the story pre- sented. Audiences are becoming more and more aware of the fact that good sound is necessary to make a good mo- tion picture. The popularity of musi- cal productions has given impetus to this trend. Research into motion picture tech- nique still continues. Within the period under review a remarkable new sys- tem of noiseless recording using a double sound track and making pos- sible the utmost in realism of repro- duction was developed in the Camden laboratories. This new system com- pletely eliminates all noise which pre- viously resulted from the unused por- tion of the sound track. A number of important feature productions are to be recorded by this means in the new year. The new system will at first be used for making the master sound negative in the studios and later on will be applied to improving the re- production in the theatre. By CARL LAEMMLE, SR. (Continued from page 1) make our money go further. This is an unbeatable combination, if we re- member the lessons we have learned so dearly. One thing which seems most certain is that the grosses on big pictures are going to be bigger than ever before and the grosses on unimportant pic- tures are not going to be any greater. The productions which are carefully made and which can be easily ex- ploited are going to be the pictures on which we must rely to make our profits. I have an idea that there will be fewer pictures next year, that there will be a greater proportion of these important pictures and that these im- portant pictures will occupy more time in preparation and more time in pro- duction, in order to make them as ex- ceptional as possible. Personally, I am watching the so- called decency drive with a great deal of interest. The thing I want to find out particularly is whether these well- meaning people who have demanded a higher^ type of moving picture, will patronize^ that type themselves, or will do anything aggressive to impel thea- tre-goers to patronize them. Ohio Showmen Look For Pickup in 1935 (Continued from page 1) with the turn of the year. Their optimism is based on generally im- proved conditions in all lines. An Associated Press survey among retail merchants in 18 Ohio cities and towns shows increased Christmas buy- ing ranging from "slight" to SO per cent over the corresponding period of last year. Some situations report the greatest volume since 1928. Increased farm prices and govern- ment compensation for crop curtail- ment and other media of relief are bringing the rural population into the spending channels of the cities, while industrial centers are reflecting the increase in employment. Brandt-Roth Near Fight at Hearing Harry Brandt, part owner of the Rialto, Newark, N. J., and Morgan Roth, manager of Warners' Goodwin, same city, almost came to blows yes- terday at the New York grievance board when the former became in- censed at Roth because he called evi- dence by Brandt and Dave Weinstock "flimsy." When Roth made the re- mark, Brandt jumped up and rushed over to the Warper manager and exchanged fiery words until Henry Randell, Paramount Brooklyn ex- change manager and chairman of the session, yelled that he would throw the premature advertising case out if the litigants couldn't calm themselves. Warners charged that the Rialto, after previously consenting to stop premature advertising, repeated the practice on "Age of Innocence." Roth said he and his assistant, B. Edelstein, saw a lobby card in the defendant's the- atre. Both Brandt and Weinstock de- nied this. Decision was held over until this morning. Frank Samerelli's conspiracy charges against Vitagraph, M-G-M, RKO Radio, Fox and Paramount didn't get far. At first Louis Nizer. attorney for the distributors, claimed the com- plaint not within the jurisdiction of the board, but this was overruled. After presenting his case, Harry Such- man, representing the Royal, Port Jervis, N. Y., asked that the man- agers of the companies involved be called for cross examination, to which Nizer again objected. Ex-Senator George Thompson, im- partial representative, insisted that the men be called and asked that notices be sent out. Nizer stated he would not guarantee their presence today on the grounds that "one cannot im- peach his own witness." Norfolk Clearance Complaints Denied Washington, Dec. 18. — The clear- ance and zoning board today dismissed complaints brought by Jeff Hoff- heimer, in behalf of his Byrd, Park and Grand, Norfolk, Va., in protest against protection of four and six months enjoyed by William S. Wild- er's Newport. The three cases were heard as one, with Alan J. Hoffheimer acting as at- torney. Those who testified for Wilder were Hunter Perry, Newport News operator; Langborne Weiford. manager of the Wells ; Carter T. Bar- ron, Loew district manager ; Robert Smeltzer, Vitagraph district manager, and Sidney Gates, manager of the Gates, Portsmouth. Sidney B. Lust was chairman of the hearing, with Prof. Robert Maurer of Georgetown University Law School sitting as the newly appointed impar- tial alternate. Liberty Sets Dallas Deal Liberty Pictures has closed with Tames G. Tomlin of Special Pictures for the distribution of the Liberty pro- gram in the Dallas territory. Fight on FWC Sale Delays Case 2 Days (Continued from page 1) $1,500,000 and $2,250,000, respectively Their attorneys insist the reorganiza- tion plan should provide for assump tion of any possible judgment by th< new company. Attorneys for the reorganization in terests point out they already have agreed to assume all the administra tion expenses of the bankruptcy am! that this would be included automat ically as an obligation of the new com pany, in the event of a court victor} for the plaintiffs. After listening to the arguments fo: several hours Judge Cosgrove calle< for briefs. F. W. C. interests backing the nevj company pointed out that their 30-da; offer for the sale expires tomorrow but gave no indication of an intentioi to withdraw it in case the proceeding are dragged out. Chicago Conspiracy Case Is Withdrawi (Continued from page 1) complaint came up for appeal befor Campi. After causing quite a stir at th Code Authority appeal hearing las Tuesday, the case was called agai yesterday and withdrawn in less tha one minute. Harold J. Sherman c Feitelson & Mayer represented Gerin; and asked that the action be with drawn. When the appeal came up last wee on the three-to-one decision againf Gering, Edward A. Golden, sales man ager of Monogram, and I. Levinso of Warners exchanged remarks fc the record which indicated firework This, however, failed to materializi The complainant charged that h couldn't buy pictures without restric tions on dual bills. The same committee which sat la< week also was ready to act yestei day. It included Golden, Roy I Haines of Warners and Nathan Vir grad, independent exhibitor. With Dan Michalove substitutin for Haines, a clearance and zonin appeal by the Ambassador, Philade1 phia, against Warners' Benn, sarc city, was heard. Arthur Arnold ref resented the complainant while Jc Sloane acted for Warners. Smalley-Schine Row Goes to Washingtoi (Continued from page 1) to Washington. Because of the com plexity of the matter, Campi member have been unable to agree. Official listing of the complaint i William C. Smalley, Smalley's Ham ilton, Hamilton, N. Y., against Glov City Amusement Co., Inc. Revamp Inspiration _ Reorganization plans for Inspira tion are under way with a new com pany expected to be formed shortl with a capital of $750,000. Intentio is to make three specials a year. Th company has 31 stories to draw fron In 15 years of operation it produced 6 pictures. Walter Camp will be finan cially interested in the new compan) MOTION PICTURE DAILY Tough on the Santa Fe Kansas City, Dec. 18. — The Santa Fe dining service was deprived of considerable revenue by the enterprise and foresight of Jake Wilk, Warners eastern story editor, who acted as quartermaster of the Warner party traveling to the coast. Before boarding the Chief at Chicago, Wilk went on a foraging expedition and stocked up on certain gustatory delights well known in some places but not obtainable on the train. As the Chief thundered toward Kansas City, the Warner legion, seven in number and including Harry M. and Mrs. Warner and members of the family, Andy Smith, Charlie Einfeld and Wilk, filed into the dining car and awaited service. "Pickled herring and pumpernickel for all," was Wilk's order when the steward came around. "You'll find them both in my compartment." The steward's eyes popped, but he fetched the pungent delicacy and served the party. "Next course is corn beef, peppered," announced Quartermaster Wilk when the herring had been finished, and the steward made another trip to the private commissary. The corn beef annihilated, Wilk, still acting as master of cere- monies, pronounced: "Now we'll buy some coffee." And that's probably the reason the railroads are in the red. Variety Club Chatter 'ednesday, December 19, 1934 I Purely Personal ► EONARD SCHLESINGER, Ben a Amsterdam, Sam Schwartz, I. lvy, Jerry Wilhelm, George Schorr, arle and Joe Forte, Basil Zeigler, rthur Arnold, Albert M. Cohen, kCK Greenberg and Joe Sloane, all tiiladelphians, were in town yester- or- Harold S. Bareford, who is sched- ed to make a periodic trip to the ast next month, is forsaking New ork for the Miami sun. He'll leave r the south around Jan. 15 for a ree-week basking. Joe Vergesslich and his wife, who ill, leave for Miami on Dec. 27 for ree months. Phil Meyer succeeds ergesslich as manager of the New Drk Gaumont British exchange. Harry Armstrong and Dick Ger- •s>, composer and lyric writer for iweet Adeline," will be guests of nor tonight at a dinner in the otel Roosevelt Ben Schulberg is awaiting the re- rn of his children from school, leri he, together with Mrs. S., will t sail for Bermuda on the 26th. st a short hop. Austin Keough, Gus Eysell, yree Dillard and John C. Flinn it for Washington last night to be i hand for the code amendment hear- gs today. James P. Clarke, president of the ational Film Carriers Ass'n, arrives :m Philadelphia and will stay over t the Ampa party tomorrow. Marguerite Wallman, Austrian llet dancer signed by M-G-M, ar- yed yesterday on the Conte di nvia. L. J. Schlatter arrived in Dallas 3m Oklahoma City yesterday. He as in Omaha before hitting Okla- ima. Nat Holt, Cleveland RKO district anager, was in town yesterday for me office conferences on bookings. Leslie Howard returns to the New ork stage as star of "The Petrified Drest" early in January. Bert Nayfack, attorney, arrived jm the coast yesterday. He was in e Schenck party. John Cosentino, special represen- tive for Amity Pictures, has arrived Dm the midwest. Jack Sktrball, Educational sales anager, returned yesterday from licago. J Dan Michalove will accompany S. Kent west next month. 1 Pat Garyn has lost 35 pounds with- the last few months. 'Morton Downey starts work today a Vitaphone short. Bill Sussman is heading for the ast via the Canal. ■ Mrs. Klitzsch Dies Berlin, Dec. 18.— Mrs. Ludwig litzsch, wife of the president and neral manager of Ufa, died sud- Jily here today. %17S,35S in Chest Drive Hollywood, Dec. 18.— Of its $225,- 0 quota the industry has subscribed 73,356 to the Community Chest, it as reported today. Albany Albany, Dec 18. — Kings for a Day, Jack Bullwinkle and Bernie Mills played host to a large gathering of barkers and their guests at a noon-day luncheon held under the big top. Assistant District Attorney J. J. Casey of Albany County was guest speaker — his subject dealing with the present rounding up of public enemies in the Empire State. Casey's name was added to the list of associate members. Al Mamux, newly appointed man- ager of the Albany ball club, was in- troduced and was extended a hand of welcome and a splendid reception. Detroit Detroit, Dec. 18. — New officers have been elected by Variety Club as follows : President, Edward Kirch- ner; first vice-president, Maurice Caplan; second vice-president, J. O. Brooks; treasurer (re-elected), Carl H. Shalit; secretary (re-elected), David Newman; directors, Otto Bolle, Max Smitt, Ray Moon, H. M. Richey, Harold C Robinson, J. D. Idzal. The annual ball will be held Feb. 23. Columbus Columbus, Dec. 18. — Marmaduke R. Clark was reelected chief barker (president) of Columbus Tent No. 2 of the Variety Club for his fourth term at the club's annual meeting in its Deshler- Wallick quarters. Clark is Paramount manager. William M. James and Robert S. French were named vice-presidents and H. E. Cherrington and Thomas W. Lawson were reelected secretary and treasurer, respectively. These six directors complete Clark's cabinet : M^x/ Stearn, Leo Haenlein, James V. Peppe, Kline L. Roberts, P. J. Wood and A. Haft. William S. Cunningham is the new house committee chairman. All officers as- sume their posts Jan. 1. A testimonial dinner was tendered Sheriff Ross Anderson preceding the meeting. Anderson is a Variety Club member. At a recent banquet, tendered to new members of Variety, Frank Crumit, who is shepherd of the Lambs in New York, was elected to honorary membership. Frank was in Columbus with his wife, Julia Sand- erson, visiting his brother-in-law, Barker George Trautman. Reade Offers Spots For "Sweet Adeline" Walter Reade has offered Warners the Astor or the Mayfair for the Broadway showing of "Sweet Ade- line" inasmuch as the Strand is not expected to open for the next four weeks. Warners yesterday definitely decided to keep the Warner closed. The house was being considered for "Sweet Adeline." "Hell in the Heavens" at the May- fair grossed $13,500 for the first week and is being held a second. "Babes in Toyland" took in $13,000 in the first six days at the Astor and will be held another week and will be fol- lowed by "Wicked Woman." "Silver Streak," slated to follow "Babes in Toyland" at the Astor may follow "Wicked Woman" or be shunted into the Mayfair after the first of the year. Leo Justin of the Reade offices leaves Saturday for a two weeks' West Indies' cruise. Reade leaves for the south upon Justin's return. 9 Insiders' Outlook (.Continued from page 2) outpost, for perhaps peculiar rea- son, reminds itself of the time, not long since, when Metro couldn't see it eye to eye with Bob McNeill of Golden States Theatres and threatened to build in Bob's exclusive Northern Cali- fornia territory. Whereupon McNeill made a deal and Ed Schiller, forgetting theatres for the pleasures of Waikiki, pro- ceeded to Honolulu. Or do we make ourselves clear ? . . . KANN Dance Floors Spread In Down East Houses Boston, Dec. 18. — The Platinum Salon of the Metropolitan, M. & P.- Publix house and the largest in New England, has been redecorated and enlarged. Free dancing is offered patrons nightly, often with name bands alternating from the stage to furnish music. Portland, Me., Dec. 18. — The Strand, recently an M. & P.-Publix house and now operated by Abe Goodside who ran the house for seven years before it was taken over by Publix five years ago, is _ being joined to Goodside's Empire in the same building by a dance hall which, when completed, will be available to audiences of both houses after final evening performances. Woonsocket, R. L, Dec. 18. — A new project by C. M. Williams to attract fans to the Laurier is installa- tion of a dance floor. At the close of the show, two hours of dancing follows. An Old-Timer's Night is a weekly feature. Work on Bombing Clue Boston, Dec. 18. — The Boston police are working on what is said to be the most promising clue to date to the bombing Wednesday morning of the Tremont and Majestic here. A New Yorker, known as a professional bomber, is believed to have spent the night before the bombing at a local hotel. Also regarded as important is the belief that fuse bombs, not time bombs, were employed. Small Back on Coast Hollywood, Dec. 18. — Edward Small arrived today after three months east, prepared to start Re- liance's group of six films for United Artists. The first will be "The Mel- ody Lingers On"; the second, a Louis Weitzenkorn original tentatively called "Washington Correspondent". The True Story of the Munitions Racket Brought to the Screen TWO BIG WEEKS ON BROADWAY EUREKA PRODUCTIONS, INC., 723 7th Avenue, N. Y. City 10 MOTION PICTURE DAILY Wednesday, December 19, 1934 "Millions" Is Chicago's Hit With $25,000 Chicago, Dec. 18.— Despite a two- day blizzard, Loop spots grossed heavily. "Kid Millions" packed 'em in at the United Artists and grabbed $25,000 on the week. This is $8,000 over average. "Wednesday's Child," with the "Folies Bergere Revue" as a big help, ran the Palace gross $9,000 over the line for a take of $31,000. Total first run business was $131,- 000. Average is $131,600. Estimated takings : Week Ending Dec. 12: "FLIRTATION WALK" (F.N.) ROOSEVELT— (1,591), 25c-35c-50c, 2nd week, 7 days. Gross: $11,000. (Average, $11,000) Week Ending Dec. 13: "THE WHITE PARADE" (Fox) CHICAGO— (4,000) , 25c-50c-68c, 7 days. Stage: George Givot, El-Meres Dancers, Harlem High Life. Gross: $25,000. (Aver- age, $34,600) "LEMON DROP KID" (Para.) ORIENTAL— (3,940), 25c-40c, 7 days. Stage: Platinum Blonde Revue & vaude- ville. Gross: $16,000. (Average, $15,000) "WEDNESDAY'S CHILD" (Radio) PALACE— (2,509), 25c-35c-50c, 7 days. Stage: "Folies Bergere Revue." Gross: $31,000. (Average, $22,000) "BEHOLD MY WIFE" (Para.) GARRICK— (900), 25c-35c-40c, 7 days. Gross: $5,000. (Average, $5,000) Week Ending Dec. 14: "KID MILLIONS" (U.A.) UNITED ARTISTS— (1,700), 30c-40c-60c, 7 days. Gross: $25,000. (Average, $17,000) "WHAT EVERY WOMAN KNOWS" (M-G-M) APOLLO— (1,400), 25c-35c-50c, 3rd week, 7 days. Gross: $5,000. (Average, $12,000) Week Ending Dec. 15: "RED HEAD" (Monogram) STATE-LAKE — (2,776), 20c-25c-35c, 7 days. Stage: Larry Rich & Co., Dolores, Andre & Dmitri. Gross: $13,000. (Aver- age, $15,000) "Lady by Choice" Indianapolis Lead Indianapolis, Dec. 18. — "Lady by Choice," with Ted Lewis on the stage, grabbed the big money here last week. It ran up to $8,500 at the Circle. Business elsewhere went into its pre-Christmas slump. "Anne of Green Gables" was extremely weak at $4,000 in the Indiana, and "Babbitt," with a stage show, didn't do very well at the Lyric. Total first run business was $24,500. Average, without the Apollo and Cir- cle, is_ $18,500. Estimated takings for the week end- ing Dec. 15 : "MADAME DUBARRY" (Warners) APOLLO— (1,100), 25c-40c, 7 days. Gross: $2,500 ' "LADY BY CHOICE" (Col.) CIRCLE— (2,800), 25c-40c, 7 days. Stage: Ted Lewis. Gross: $8,500. "ANNE OF GREEN GABLES" (Warners) INDIANA— (3,133), 25c-40c, 7 days. Gross: $4,000. (Average, $7,000) "BABBITT" (F. N.) LYRIC— (2,000), 25c-40c, 7 days. Stage show. Gross: $6,000. (Average, $7,000) "WICKED WOMAN" (M-G-M) PALACE— (3,000), 25c-40c, 7 days. Gross: $3,500. (Average, $4,500) Gables Will Come East Hollywood, Dec. 18. — Clark Gable will make a trip to New York with his wife for the Christmas holidays following completion of "Town Talk" for M-G-M. "Flirtation" $8,900 Wow, Kansas City Kansas City, Dec. 18. — In a week that reflected the pre-Christmas slump earlier than usual, "Flirtation Walk" captured gross honors with a take of $8,900 at the Mainstreet. This is $1,900 above average for straight films. The attraction was held over four days. Elsewhere business sagged, and the Midland's $3,200 for five days of "Wicked Woman" hit an all-time low. The week's aggregate gross at first runs was one of the low points of the year. Bad weather, several days of grand opera and Christmas shopping put a crimp in ticket sales. Total first run business was $25,800. Average is $29,900. Estimated takings : Week Ending Dec. 11: "WICKED WOMAN" (M-G-M) MIDLAND— (4,000), 15c-25c-40c, 5 days. Gross: $3,200. (Average, 5 days, $6,500) Week Ending Dec. 12: "CHU CHIN CHOW" (G. B.) UPTOWN— (2,000), 25c-40c, 8 days. Gross: $3,400. (Average, 8 days, $3,900). Week Ending Dec. 13: '^FLIRTATION WALK" (F. N.) MAINSTREET— (3,100), 15c-2Sc-40c, 7 days. Gross: $8,900. (Average, films only, $7,000) "BEHOLD MY WIFE" (Para.) NEWMAN— (1,800), 25c-40c, 7 days. Gross: $4,000. (Average, $6,000) "WHITE LIES" (Col.) TOWER— (2,200), 25c, 7 days. Stage: "Bandwagon Brevities," with Three Fon- zelles, Keene Twins, Vic & LaMarr, Gene Straub, Flo Mayo, others. Gross: $6,300. (Average, $6,500) "Happiness" with Show Montreal Top Montreal, Dec. 18. — Observance of the Feast of Conception as a bank holiday in the Province of Quebec helped theatres in the face of Christ- mas shopping. Bebe Daniels and Ben Lyon on the stage with "The Pursuit of Happiness" gave Loew's $12,500. The second week of "We Live Again" at the Princess was accorded a boost with the addition of the pic- tures of the Royal wedding in London and the take was $7,500, as against $8,500 for the first week without the Princess Marina shots. Total business was $41,500. Aver- age is $40,500. Estimated takings for the week end- ing Dec. 15 : "THE WHITE PARADE" (Fox) "BACHELOR OF ARTS" (Fox) CAPITOL— (2,547), 25c-35c-40c-50c-60c, 7 days. Gross: $8,500. (Average, $9,500) "CHEATING CHEATERS" (Univ.) IMPERIAL— (1,914), 15c-25c-35c, 7 days. Stage: Vaudeville unit show. Gross: $3,000. (Average, $3,500) "THE PURSUIT OF HAPPINESS" (Para.) LOEW'S— (3,115), 30c-40c-45c-57c-75c, 7 days. Stage: Bebe Daniels and Ben Lyon; Condos Bros.; Hunter & Percival; 4 Albee Sisters; Will Ritchie & Co.; Mann, Robin- son & Martin. Gross: $12,500. (Average, $10,500) "EVELYN PRENTICE" (M-G-M) "LOVE TIME" (Fox) PALACE— (2,600), 30c-34c-40c-50c-65c, 7 days. Gross: $10,000. (Average, $11,000) "WE LIVE AGAIN" (U. A.) "THAT'S GRATITUDE" (Col.) PRINCESS— (2,272), 30c-35c-50c-65c, 7 days, 2nd week. Added: Wedding of Duke and Duchess of Kent. Gross: $7,500. First week: $8,500. (Average, $6,000) Calls for Gun Toronto, Dec. 18. — During the course of his visit in Toronto recently, Ned Sparks was entertained by Premier M. F. Hepburn of Ontario, both having been residents of St. Thomas, Ont. As Sparks was being taken on a tour of the Provincial Parliament Buildings, the party passed a door which was labeled "Ontario Motion Picture Censor Bureau." Without cracking a smile, Sparks called loudly for a shotgun and buckshot. "Prentice" Is Cleveland Top With $12,000 Cleveland, Dec. 18. — "Evelyn Prentice" was the only important box- office attraction in a dull week here. Its $12,000 take at Loew's State topped normal by $2,000. "Flirtation Walk" fell off to $5,700 in its second week at Warners' Hippo- drome. "Imitation of Life," which has been stirring up excitement else- where, failed to click in a big way. It took only $8,500 at the RICO Palace. Total gross was $31,600. Average is $34,000. Estimated takings for the week end- ing Dec. 14: "THE SILVER STREAK" (Radio) ALLEN— (3,300), 20C-30C-40C, 5 days. Gross: $1,400. (Average, $3,000) ^FLIRTATION WALK" (F. N.) WARNERS' HIPPODROME— (3,800), 30c- 35c-44c, 7 days, 2nd week. Gross: $5,700. (Average, $6,000) "IMITATION OF LIFE" (Univ.) RKO PALACE— (3,100), 30c-35c-44c, 7 days. Gross: $8,500. (Average, $10,000). "EVELYN PRENTICE" (M-G-M) LOEW'S STATE— (3,400), 30c-35c-44c, 7 days. Gross: $12,000. (Average, $10,000) "MENACE" (Para.) LOEW'S STILLMAN— (1,900), 20c -30c- 40c, 7 days. Gross: $4,000. (Average, $4,000) Seeks Foreign Deals Boston, Dec. 18. — William Shapiro, president of Franklin Prod., is abroad seeking distribution right here, and possibly nationally, on British product. At the local offices, where his sister, Celia Shapiro recently has become booker, it is said that no definite word has been received from across. B. I. P. is said to be one concern in which the Hub exchange executive is interested. Chambers-Higgens Wed Boston, Dec. 18. — Marion Higgens, for some years on the house staff of the Metropolitan, and Donald Cham- bers, assistant to Harry Browning, publicity mentor, have married. Col. Signs Byron Morgan Hollywood, Dec. 18. — Columbia has placed Byron Morgan, scenarist, un- der contract. His first will be the adaptation of "Two for One." Dave Chatkin Is III Cleveland, Dec. 18. — Dave Chatkin circuit head, is ill in his apartment at Wade Park Manor. Rhythm" Is Pittsburgh's Single Draw Pittsburgh, Dec. 18. — Pre-Christ mas shopping hit theatres with i vengeance. Last week was one of th< poorest of the season, not a singli house going above par and only thi Penn touching it. That was wit! "College Rhythm," and its $12,000 car be attributed principally to the pres ence in the cast of Joe Penner, whx has always been a big favorite locally The Fulton had one of the wors weeks of the year with "LittL Friend," getting only $2,800, whil< "Imitation of Life," for which record breaking business had been predicted was a disappointment at the Stanley doing only $8,000. The Alvin and th Warner also slipped, the former t> $9,000 with "Bachelor of Arts" and stage show, and the latter to $3,75 with "Du Barry." Total grosses in six first runs wer $40,350. Average is $46,500. Estimated takings for the week end ing Dec. 13 : "BACHELOR OF ARTS" (Fox) ALVIN— (2,000), 25c-40c, 6 days. Stagi Johnny Perkins, Sally Gay, Peter Higgin Three Little Words, Streamline Alvinette Jerry Mayhall's orchestra. Gross: $9,00 Average, $10,000) "LITTLE FRIEND" (G. B.) FULTON — (1,750), 15c-40c, 6 days. Gro* $2,800. (Average, $4,500) "COLLEGE RHYTHM" (Para.) Penn— (3,300), 25c-50c, 6 days. Gros $12,000. (Average, $12,000) "AGAINST THE LAW" (Col.) PITT— (1,600), 15c-35c, 6 days. Stag. Raynor Lehr's "Show of Shows," with N (Chic) Haines, The LaFons, Joe Robert Blenders Quartet, June Burnett, Frazi Brothers and Betty Lawrence. Gros $4,800. (Average, $6,000) "IMITATION OF LIFE" (Univ.) STANLEY— (3,600), 25c-50c, 6 day Gross: $8,000. (Average, $9,000) "DU BARRY" (Warners) WARNER— (2,000), 25c -40c, 6 days. Gros $3,750. ence (about $3.70) early in the /ear, accompanied by a decline in reference stock from 20 shillings and :ine pence (about $5) to 15 shillings md one and a half pence (about >3.75), is giving rise to adverse ru- nors and emphatic press comment rom such important papers as the ■yitnday Times, Daily Mail and Finan- cial Times, calling for a statement rom the directors. The last-named publication speaks jf rumors that all is not well with he organization, asserting in a lead- ng article that the slump is inexpli- :able if the company's prospect is as t was outlined at the recent Gau- nont British general meeting and that lirectors "must make a statement at Jie earliest possible moment which A'ill render clear the essential facts )f the situation." Rumor of Statement After Xmas It is rumored that there will be i statement after Christmas. There ire also rumors of a capital consoli- lation scheme. The ordinary shares rallied today o nine shillings and six pence (about 2.30), the gain being ascribed to a ■ear closing. It is believed that only £165,000 ;about $825,000) of the recent £500,- !K)0 (about $2,500,000) debenture issue las been placed, but whether this is due to the antagonism of the City or :o the fact that the sum obtained is •.onsidered sufficient for the cash leeds of the company is not known. Supporting hints given by Maurice 3strer at the Gaumont British annual neeting. It is stated in the report of he General Theatres Corp. that a )lan of capital reduction is being pre- >ared. The figures of the report show a net profit for the year of £193,934 or £53,776 less than the previous year. iThis sum is insufficient, by £23,826, jo pay the amount called for to meet lebenture stock interest and sinking , und. The preference dividend has again )een passed and there is nothing on he ordinary shares. Looking 'Em Over "Bella Donna" ( TzsAckenham-Gaumont British ) London, Dec. 6. — This adaptation of the James Bernard Fagan play, from the equally well-known novel by Robert Hichens, is a product of the independent Twickenham studio, which has a good reputation in Eng- land for box-office material. Over and above the fact that it uses estab- lished plot material, "Bella Donna" has a very strong cast including Conrad Veidt, Mary Ellis, Cedric Hardwicke and John Stuart. These names and the title value are distinct assets. The story is that of an adventuress, Mona Chepstow ("Bella Donna") who tricks into marriage Nigel Armine, a young engineer, and goes with him to Egypt. There she is fascinated by, and surrenders herself to, a wealthy Egyptian, Mahmoud Baroudi, and at his instigation begins to administer slow poison to her husband. Dr. Isaacson, a friend of Armine's, comes from England, saves him, and reveals Bella Donna's guilt. She goes to Baroudi, but he turns her away. There is a flavor of the theatre about the central idea ; the degenerate white woman's infatuation for a slightly more polished "sheik," which is proof against the discovery that she is only one of many houris. So far as one can, nowadays, take this plot seriously there is definite interest in the clash of wills between the infatuated woman and the cool medico. The acting of Mary Ellis and Hardwicke in these roles is admirable. John Stuart is the husband, and adequate in the part, but Veidt is worthy of better material than the somewhat highly colored Eastern debauchee, Baroudi. It is a picture that will appeal most to women patrons. They may not like the belly dances which Baroudi is fond of contemplating in his mo- ments of ease, but the exotic lover is still an audience asset and the finale, with Bella Donna shut out of her own home and rejected by her lover, is theatrically effective. Running time, 85 minutes. Classification, "A." (British Censor's Cer- tificate, "A.") ALLAN "Babbitt," now playing at the Palace, was reviewed by wire from Holly- zvood on Nov. 8. Short Subjects Fox Gets Tito Guizar _ Tito Guizar, radio tenor, has been signed by Fox. He will start his irst picture, "Adios, Argentina," early in the spring. Lou Brock, Fox pro- ducer, handled the deal. Fox also has signed Oscar Bradley, musical director. He will leave for the coast early next month. "Going Places with Lowell Thomas, No. 5" ( Universal) A diverting short that takes the audience to Algiers and Nassau. The West Indies scenes have been cap- tured by the camera in beautiful fashion. The rest of the short pictures a burglar-proof showcase for jewels and strange ships that serve as other than sea-going craft. No code seal. Running time, 9 1/4 mins. "G." "Stranger Than Fiction, No. 5" ( Universal) There is plenty of entertainment in this short. Among the amazing items and personalities are a slingshot ex- pert, an American diamond mine, a fire company that answers the call on skiis, a machine that dissipates fog, a tame humming bird, an armless ball player and a fellow who makes a specialty of catering to dogs. No code number. Running time, 9 mins. "G." "In the Dog House" (Columbia) Here is a two-reeler, with Andy Clyde, Vivian Oakland and Delmar Watson, that should prove satisfac- tory fare any place. It has a story through which is woven comedy on the part of Clyde and Miss Oakland and pathos on the part of Watson^an orphan continually threatened with re- turn to the orphanage. The perfor- mances of all three characters are natural. Code seal, No. 404. Running time, 20 mins. "G." "The House Where I Was Born" (Educational) A light, fairly entertaining short that serves as a medium for several pleasant songs by Sylvia Froos and Frank Luther. The two, sweethearts, live in a theatrical boarding house and are trying to sell some songs they have written, but with little success. They are both homesick for Indiana, from whence they came to New York, and the final scenes show them on their way back home. The vocal numbers are especially good. Produc- tion code seal, No. 0180. Running "The Hollywood Movie Parade" (Educational) This one takes the audience behind the scenes of what is obviously the Fox lot. Jackie Cooper, George O'Brien, Irene Hervey, Director Eddie Cline and Guy Kibbee are all shown in informal shots. Production code seal, No. 243. Running time, 7 mins. "G." Kansas City's Price Battle Outlook Hazy (Continued from page 1) pictures at the Mainstreet. The Mid- land lowered its balcony prices after the Mainstreet cut to a top of 40 cents. While he declared Loew's dropped the Midland's scale to "punish" RKO for scrapping the agreement sub- scribed to by the circuits and estab- lishing prices at the five first runs, he added that Loew's was meeting a demand for low-priced entertainment when it cut the Midland's balcony to 15 cents matinees and 25 cents nights. The Midland is maintaining its 40- cent price for lower floor seats at night. Despite present indications that the price war will be extended, it is con- sidered not unlikely that Loew's and RKO will agree on upward revisions some time after the first of the year. Protests by Fox Midwest and Para- mount, as well as independent exhibi- tors, may have a bearing. In the meantime, reports that Loew's and RKO will restore former scales by Jan. 1 are denied by the local mana- gers. Mainstreet Resumes Shows Soon What makes those reports, widely circulated by independent exhibitors, seem improbable is that the Main- street resumes stage shows New Year's eve and no price hike has been scheduled. The problem is made difficult to straighten out because the three first runs involved in the price war each insists that the opposition make the first move to raise admissions. They blame one another for the necessity of cutting. While Loew's claims RKO started the fight, RKO answers it dropped the Mainstreet's balcony scale for straight pictures to the Mid- land's level only because the latter took the initiative. The Tower, independent first run, in turn explains its 10-cent cut by the slashes at the other two. The agree- ment was the Tower would keep a 35-cent top if the circuits would charge 40 cents top for pictures only and 50 cents for combination bills. Barney Joffee, Tower manager, says he will raise if the others restore for- mer scales, but makes no secret of the fact the present 25-cent scale price for all seats at the Tower is better for business than 35 cents. Publix and Fox Midwest are hope- ful the situation will soon adjust it- self, and for this reason are maintain- ing regular prices despite the advan- tage this gives to the cut-rate the- atres. "Rugby" (M-G-M) Hollywood, Dec. 18. — Pete Smith takes you through the history of rugby, comparing the game to present day football, with interesting results. Ray McCarey directed. Harry Rapf produced. Production Code Seal No. 175. Running time, 9 mins. "G." Hall in Radio Series Mordaunt Hall, until recently film reviewer for the New York Times, has been engaged for a series of NBC broadcasts, with WEAF the local outlet. He will speak every Monday at 1:30 P. M. on "Screen Players and Plays." Harry Goetz Delayed Storms delayed arrival of the Paris and Harry .Goetz from Europe. The boat is scheduled to dock tonight. The Leading Se^^5^\ Motiof Picture Industry MOTION PICTURE DAILY Alert, Intelligent the In in All Branches VOL. 36. NO. 145 NEW YORK, THURSDAY. DECEMBER 20, 1934 TEN CENTS New Fox Met Plan Selects Board of Five Kent on List; Goes to Court in Few Days An initial board of directors of five members for Fox Metropolitan Play- houses is proposed in the plan of reorganization for the company just completed by the bondholders' com- mittee and scheduled to be presented to Federal Judge Julian W. Mack within the next few days. Members of the initial board are Sidney Kent, president of Fox Film ; Frederick M. Peyser of Hallgarten & Co.; Harry O. King, managing director of the copper industry code authority; Richard C. Hunt, attorney, of Hunt, Jaeckel & Brown, and Ivor B. Clark, head of the real estate firm of that name, and a trustee of the Union Dime Savings Bank. Pro- vision is made in the plan for the {Continued change. On Sunday afternoon one < the new reels will be screened. Ray Larsen, vice-president of Tin magazine, will talk to the gatherir Sunday, as will Fred McConnell ar Pat Garyn. Those who will attend will bt Branch managers — J. L. Rose, Al bany ; Meyer Gruber, Boston ; Sa Rosen, Philadelphia ; Harry Brow Washington ; Elmer Lux, Buffak W illiam LaSance, Cincinnati; Maurii Lebensburger, Cleveland : M i 1 1 o Cohen, Detroit; Joseph Skirbo Pittsburgh ; William Richardson, A lanta ; and the following salesmet Mike Levinson, John Schaeffer, Pet Rosian and Morris Oletsky. Morris Epstein and his New Yoi sales staff also will attend. "Music" Gets $52,000 Pre-holiday effects on theatre bui ness again took its toll last week whi the Music Hall with "Music in i. Air" tallied a gross of $52,000 seven days. The picture got fair good reviews but the public was n in a theatre-going frame of min "Limehouse Blues" at the Rialto ga nered $14,000. Offices Close Monday From advance reports most of tl home offices and exchanges will clo Monday because of Christinas. Cc umbia and Paramount have alreac notified their employes that Christm Eve will be a holiday for them ai Radio will close early, maybe for tl full day. Kent, Marks Injured East Liverpool, O., Dec. 19. — W; lis Kent, independent producer, at Harry Marks of Paramount were i jured here today in a collision betwe' Kent's car and a truck. They le New York yesterday on their wt to the coast. Exceptionally Fine Fo Holiday Bookings £\ RTOO MS Real Headline Attractions "JACK AND THE BEANSTALK" "ALADDIN AND WONDERFUL LAMP" "THE QUEEN OF HEARTS" "THE HEADLESS HORSEMAN" "DON QUIXOTE" CELEBRITY PRODUCTIONS, Inc., 723 7th Ave., New York Oi "THE BRAVE TIN SOLDIER" "THE LITTLE RED HEN" "PUSS IN BOOTS" "VALIANT TAILOR" "JACK FROST' The Leading Motion^ Picture Industry MOTION PICTURE DAILY Alert, Intelligent the In in All Branches . OL. 36. NO. 146 NEW YORK, FRIDAY, DECEMBER 21, 1934 TEN CENTS Fox Theatres Claim Out of New Met Plan Vo Provision Made for Common Stock Issue Complete disavowal of any obliga- ion to Fox Theatres Corp. is made i the plan of reorganization for Fox ■letropolitan Playhouses, just com- leted by the bondholders' committee i the latter company. Asserting that Fox Met is insolvent, he plan states that the common stock f the company, therefore, has no Blue and will be canceled without :;>mpensation to the holders. Fox The- tres Corp. is the owner of all of the tock of Fox Met and had filed a laim against the debtor for $4,536,742. "his claim was provided for in the xiginal Fox Met plan prepared last pring and was to be settled bv pav- nent of $100,000 to Fox Theatres, to- ether with provisions for adjustments in theatre leases in which Fox The- tres has an interest. The completed (Continued on pane 10) Sew RKO Sales Unit For the Continent London, Dec. 20. — Radio Pictures nternational, Ltd., was formed here rior to the departure for New York f Phil Reisman, foreign sales man- ger for RKO, to handle sales on the ontinent and in the Near East. E. D. Leishman, who heads the •oard of management of Radio Pic- ures, Ltd., here, is managing direc- or of the new company. Ned E. (Continued on fage 7) Production to Halt For Two Week-Ends Hollywood, Dec. 20. — Production vill be practically at a standstill over he Christmas and New Year's week- ends. It is predicted that studio ac- ivity will be on less than a 10 per :ent basis Sunday, Monday and Tues- day and about the same for the followi- ng week-end. 1928-1932 The dollar parade in exhib- ition and production, as re- vealed by tax returns filed with the Internal Revenue Bureau from 1928 to 1932 in- clusive, is displayed on page 10 today. For 'Better Understanding9 League; Better Days Seen By B. B. KAHANE President, RKO Studios Hollywood, Dec. 20. — It is my opinion that in the coming year pic- tures will be better. Pictures have been show- ing a steady im- provement i n quality year by year since pro- duction started and there is no reason to be- lieve that this forward prog- ress and im- provement will be halted. More- over, the experi- ence of the past year has taught us that it is the out- standing product that does exceptional business and accordingly producers {.Continued on page 13) By A. MONTAGUE General Sales Manager, Columbia We will need no Legion of Decency if the industry continues to further develop a Legion of Bet- ter Understand- ing among and between its component ele- ments. The progress in this direction is the most promising fac- tor in the out- look for the new year. Through it we have learned to make better pictures and the exhibitor has learned how bet- ter to sell them to the public. This development merely has started. (Continued on page 13) Treasury to Study Overlapping Taxes Washington, Dec. 20. — Treasury experts immediately will undertake a broad study of the tax situation, the first move toward a policy which will prevent duplication of taxation, or- dered today by President Roosevelt. The inquiry will cover the three fields of Federal, state and municipal taxa- tion, and will determine the extent to which the taxing agencies of each group encroach upon the others. Tax experts have long held that (Continued on page 7) British May Bolster Block Booking Rule London, Dec. 20. — The block book- ing clauses of the quota act may be strengthened under the proposed re- vision of the measure, it was learned todav. Huge Poster Drive Is Set by Industry Within the next six weeks the first of a series of posters will go out to every theatre in the land in the in- dustry's greatest drive for the good will of the American public, accord- ing to the M. P. P. D. A. Plans out- lined by the producer organization call for the prominent display of the posters in theatre lobbies. There will be no charge to exhibi- tors, the cost of the campaign being borne by the member companies of the (Continued on page 10) Council Is Behind Clean Films Drive The New York Council of the Legion of Decency, in the first meet- ing since its organization yesterday at the Empire State Club, declared (Continued on page 7) Some Talks, Some Ribbing, Some Crowd at Ampa Lunch Between charitable reminders on behalf of the industry's less fortu- nate ones and uncharitable "ribbing" of some others, 1,500 persons, com- prising the largest gathering ever to attend an A.M.P.A. annual Christ- mas party, were sufficiently diverted at the Astor yesterday to refrain from embarrassing the hostelry by asking for second helpings. Liberally mixing gags, introduc- tions, entertainment and speakers, the masters of ceremonies, William Fergu- son, A.M.P.A. president, and John W. Alicoate, editor of The Film Daily, (Continued on page 13) Kuykendall Is For Zoning to Preserve Code Will Bring Order Out of Chaos, He Insists Asserting that the establishment of clearance and zoning schedules is needed "to preserve the code," Ed Kuykendall, Code Authority member and M.P.T.O.A. president, yesterday renewed his demand for a "fair and equitable method of clearance and zoning" and for retention in the code of the leasing clause with provisions for its enforcement added. Kuykendall's declaration for reten- tion of the leasing clause was a reiter- ation of his testimony given in Wash- ington on Wednesday at the hearing before Deputy Administrator William P. Farnsworth on amendments pro- posed by Campi, one of which would eliminate the provisions prohibiting in- terference with leases. "A fair and equitable method of clearance and zoning must be secured for the theatre owners of this country to bring some semblance of orderly procedure out of the present chaotic (Continued on page 10) Smalley Lease Case Is Heard in Capital Washington, Dec. 20. — Details of the controversy between William C. Smalley of Hamilton, N. Y., and the Meyer Schine circuit over the pos- session of the Hamilton theatre were laid before the National Compliance Council today. The case was brought to Washing- (Continued on page 10) Predicts a Buying Strike for Oregon Portland, Dec. 20. — Robert White, president of Allied of Oregon, in a signed statement, predicts independent theatres in this state will stop buying major product before the July period because of increased percentage de- mands and discrimination in selling policies. More Awards Hollywood, Dec. 20.— The Academy will extend its an- nual awards this year to embrace short subjects. Com- posers and film editors also will be accorded recognition, form not yet determined. MOTION PICTURE DAILY Friday, December 21, 1934 MOTION PICTURE DAILY (Registered U. S. Patent Office) Vol. 36 December 21, 1934 No. 146 Insiders' Outlook m Martin Quigley Editor-in-Chief and Publisher MAURICE KANN Editor JAMES A. CRON Advertising Manager Published daily except Sunday and holi- days by Motion Picture Daily, Inc., sub- sidiary of Quigley Publications, Inc., Martin Quigley, President; Colvin Brown, Vice-President and Treasurer. Publication Office: 1790 Broadway, New York. Telephone Circle 7-3100. Cable ad- dress "Quigpubco, New York." All con- tents copyrighted 1934 by Motion Picture Daily, Inc. Address all correspondence to the New York Office. Other Quigley pub- lications: MOTION PICTURE HERALD, BETTER THEATRES, THE MOTION PICTURE ALMANAC and THE CHI- CAGOAN. Hollywood Bureau: Postal Union Lite Building, Vine and Yucca Streets, Victor M. Shapiro, Manager; Chicago Bureau: 407 South Dearborn Street, Edwin S. Clif- ford, Manager; London Bureau: Remo House, 310 Regent St., London, W. 1, Bruce Allan, Representative. Cable address: "Quigpubco, London"; Berlin Bureau: Berlin - Tempelhof , Kaiserin - Augustastrasse 28, Joachim K. Rutenberg, Representative; Paris Bureau: 19, Rue de la Cour-des- Noues, Pierre Autre, Representative; Rome Bureau: Viale Gorizia, Vittorio Malpassuti, Representative; Sydney Bureau: 102 Sus- sex Street, Cliff Holt, Representative; Mex- ico City Bureau: Apartado 269, James Lockhart, Representative; Glasgow Bureau: 86 Dundrennan Road, G. Holmes, Repre- sentative; Budapest Bureau: 3, Kaplar-u, Budapest, II, Endre Hevesi, Representa- tive; Moscow Bureau: Civtzev Vrazhek, N. 25, Apart. 146, Moscow, U. S. S. R., Bella Kashin, Representative. Cable ad- dress: "Samrod, Moscow." Entered as second class matter, January 4, 1926, at the Post Office at New York City, N. Y., under Act of March 3, 1879. Subscription rates per year: $6 in the Americas, except Canada $15 and foreign $12. Single copies: 10 cents. Ritchey Closes Deal Norton Ritchey, Jr., has closed a deal with William Fait to handle Monogram product in Brazil. Fait, formerly with Warners as head of the Mexico City branch, is opening his own exchange in February. He sails for Rio de Janeiro on Jan. 29. Year's News in Reel Twenty-three of the outstanding news events of the year have been pieced together by Hearst Metrotone News as a special subject under the title of "The News Parade of 1934." It is being released today with narra- tion by Edwin C. Hill. Two Warner Films Set "Murder in the Clouds" opens at the Rialto Christmas Eve, and "I Sell Anything" starts at the Mayfair on the same night. Both are Warner pictures. "It's a Gift," Paramount film, goes into the Roxy on Jan. 4. Back to Columbia Hollywood, Dec. 20.- — Alfred San- tell, who has been negotiating with Harry Cohn at Columbia on a deal to direct "Feather in Her Hat" by I. A. R. Wyle, will probably do an- other feature for the studio first. "Dealers" Held Over "Dealers in Death" will be held for a second week at the Criterion. ... on what they want for Christmas Harry M. and Albert L. War- ner, Grad Sears, Andy Smith, et al. — Another "Flirtation Walk." Manny Cohen — -Utter confusion to Ben Schulberg and Walter Wanger. Harold B. Franklin — Better luck next time. Mae West — Sinsorless sinema. L. B. Mayer— A book of Will Rogers' speeches. Every Writer — A new plot. M-G-M — Another Hearst. Winfield Sheehan — An alarm clock. Al Jolson — To direct Walter Winchell. Lee Tracy — Pistachio ice cream. Jeff McCarthy— Less back ache. Lynn Farnol — A lime orchard. Nick Schenck — More like "Cop- perfield." T M. H. Aylesworth — Another Dave Sarnoff. Dave Sarnoff — Another Al Reoch. Pan Berman — Less Lou Brocks. Lou Brock — Less Pan Bermans. Una Merkel — A Swedish accent. Marlene Dietrich — A two-pants suit. Columbia — Another Frank Capra. S. A. Lynch — To come out of the alley. Lou Cohen — The answer to one question: Why? Carl Mtlliken — Still more wo- men's clubs. Julius Klein — The impossible in film executives. Marx Brothers — Zeppo. Pete Smith — Colored shorts. Max Baer — New powder puff. Ben Bernie — Piccolo. Louis Nizer — An emergency re- pair kit for after-dinner speeches. Edward Bowes — A new micro- phone. Ed Kuykendall — Seven-league boots. Will Hays — A President's son- in-law, perhaps. T George Schaefer, Neil Agnew, Joe Unger, Milt Kusell — That those bankers become reasonable. Paramount — Shirley Temple's twin. Andy Devtne — Herbert Marshall's voice. A. C. Blumenthal — Another Bill Fox. Charlie McCarthy — Jersey ap- ples. Ray Johnston — Franchise - hold- ers' O. K. on his new production plans. Sam Goldwyn — Accentric diction- ary. Walter Wanger — Will Hays' ba- ton. Eddie Golden — Elusive Tomor- rows. Walter Eberhardt — An early re- turn to Nassau. Ben Schulberg — Continued busi- ness freedom. Clark Gable — Ear muffs. John Gilbert — A new deal. Ruth Chatterton — A good story. Dave Palfreyman — An alarm clock for office visitors. Earl Wingart — Something to fill the new bar. Truman Talley — News to go with the titles. ▼ Al Lichtman — More Zanuck, less Goldwyn. Arthur Mayer — One break on product. Pete Mayer, Maurice Rapf, Buddy Schulberg — Another trip to Moscow. Ernst Lubitsch — Pittsburgh sto- gies. Joe Breen — A couple more like "The Merry Widow." Otto Kruger — Philo Vance. Fox — Eternal babyhood for Shirley Temple. Jack Oakie — Joe Penner's duck. Joe Penner's Duck — Jack Oakie. All Studios — A pipe of peace. Pete the Pup — A fire hydrant. Joan Crawford — Statuette. Screen Actors' Guild — Assorted nuts. Mervyn Le Roy — Stilts. Henry Henigson — A new dog- house. Pathe "A" Off % on Big Board High Low Close Consolidated Film Industries 554 554 534 Consolidated Film Industries, pfd 1954 1954 1954 Eastman Kodak 11054 110 110J4 Fox Film "A" 1354 13 13 Loew's, Inc 3454 3354 3454 Loew's, Inc., pfd 10454 10444 10451 Paramount Publix, cts 354 354 354 Pathe Exchange 1 1 1 Pathe Exchange "A" 1354 1334 1334 RKO 254 254 254 Warner Bros 434 VA 454 Net Change + 34 - yx - % - Vz - % + Vs Sales 4,400 4,500 1,300 600 5,200 100 3,100 100 300 5,700 3,200 General Theatre Equipment 6s General Theatre Equipment 6s Keith B. F. 6s '46 _ Loew's 6s '41, ww deb rights... Paramount Broadway 554s '51.. Paramount F. L. 6s '47 Paramount Publix 554s '50 Warner Bros. 6s '39, wd 40. on Curb Net High Low Close Change Sales 1254 1234 1234 - Vt 400 2 2 2 900 Is Drop 2% Net High Low Close Change Sales 954 854 834 - 54 30 9 854 854 + yx 10 68 68 68 + 34 1 105 1045/6 105 + 34 4 44 4354 4354 —1 6 63 63 63 — ?4 5 64 63 63 -234 11 5954 5854 59 - 54 20 Greta Garbo — Home tank. George McL. Baynes and East- ern Service Studio — Eastern production. David O. Selznick — A diploma for propagandizing. T Jules Levy — Lowdown on John Considine — Another "Se- quoia." Elissa Landi — Icebox cake. Charles R. Rogers — Boxing gloves. Al Lewis — Perfect yarn. Arthur Hornblow — Bass drum. William LeBaron — Mae West as quintuplets. Carl Laemmle, Jr. — Less pills. Carl Laemmle, Sr. — More like Herb Yates. Bayard Veiller — Cologne with you. Cecil de Mille — A shower bath. Von Sternberg — New Inverness. Norman McLeod — The Three Marx Brothers. Don Mersereau — Subscription to Esquire. Earle Hammons — Better bridge- work. Jack Cohn — That Billy Fergu- son's description comes true. Elliott McManus — Hair dye. Charles Winninger — A new brand of coffee. T Bob Cochrane — Faster train ser- vice out of Hollywood for New York. Vince Barnett — Another chance to rib Rosenblatt. Ned Sparks — Lemon drops. Arthur Caesar — Boxing gloves. Rowland Brown — Design for di- recting. James Seymour — Honeymoon. Leo Morrison — Man Mountain Dean. Sol Rosenblatt — Less code in the head. Al Santell — Toeplitz in the dark. Jean Parker — Adrian gowns. Karloff — Shin guards. Roger Pryor — Another West. Chester Morris — Sleeping pills. John M. Stahl — A schedule. Edward Laemmle — More slot ma- chines. Boris Morros — That one-way ticket to Hollywood. Milt Schwartzwald — A big- league sustaining hour. Joe Bernhard — Less boycott in Philadelphia. ▼ Spyros and Charlie Skouras — Same as Thanksgiving: that 10- year contract. Charlie Einfeld — More Hearst papers. Ruby Keeler — Caramels. Marion Davies — Swimming pool for studio bungalow. Warren William — Sound effects. Kay Francis — Cavalier. William Dieterle — A new pair of white gloves. Max Reinhardt — A Warner mir- acle. Jean Muir — Billing. George Brent — A trip to Sweden. Hal Wallis — Roller skates. Henry Blanke — Badminton rules. Harry Joe Brown— Herpicide. Robert Lord — Jig-saw puzzle. Sam Bischoff — Tabloid tales. Felix Feist — A Chicago theatre circuit, or at least some more talk of one. C. C. Pettijohn — Maxim silen- cers for traveling execs. Herschel Stuart — A fast plane to Dallas. (Continued on page 7) AND WHAT SHALL WE GIVE MR. AND MRS. EXHIBITOR LEO SAYS 40 BIG NATIONAL MAGAZINES REACH- ING 34,048,736 FAMILIES! Pick up any important magazine and you'll find Leo's full 'page ads on "DAVID COPPERF1ELD." Saturday Evening Post Woman's Home Companion Ladies' Home Journal McCall's Magazine Collier's Liberty Delineator Pictorial Review American Magazine True Story Cosmopolitan Woman's World Literary Digest Red Book News Week American Boy Open Road For Boys Boys' Life Film Fun Screen Romances Modern Romances Modern Screen Radio Stars Motion Picture Movie Classics Movie Mirror Photoplay Shadoplay Picture Play Hollywood Screen Book Screen Play Screenland Silver Screen Home Mystery Serenade New Movie Tower Radio Parents' Magazine Because M-G-M's national magazine cam- paign on "Barretts of Wimpole Street" was so successful, Leo now gives exhibitors an even bigger campaign on "DAVID COPPERFIELD." CHRISTMAS ii with the Biggest National Magazine Campaign in Motion Picture history— ' WILL LET Know ABout (And there's a very timely suggestion on THE NEXT PAGE-) Let's call him DAVID COPPERFIELD because 1935 will be best known for that! The entire organization of M-G-M from its Studio to its Home Office and its Branches wishes you a Merry Christmas and Happy New Year! Friday, December 21, 1934 MOTION PICTURE DAILY Council Is Behind Clean Films Drive (Continued from page 1) through its chairman, ex-Governor Alfred E. Smith, that it would lend its fullest support to the efforts of the industry in providing clean pic- tures. Smith also stated the council would exert all possible endeavor to assist Patrick Cardinal Hayes in his de- mand for the maintenance of proper standards in public entertainment. Here is the text of Smith's state- ment : "We agreed to marshal public sup- port for motion picture industries carrying out the code for clean, whole- some, decent pictures. We stand solidly behind Cardinal Hayes in his endeavor to see that only clean pic- tures are shown." The complete personnel of the coun- cil attended the meeting. Its mem- bership follows : Manhattan — -James A. Farrell, former president of the U. S. Steel Corp.; George MacDonald, former Mayor John P. O'Brien; Martin Quigley, John J. Raskob, former chairman of the National Democratic Com- mittee, and Alfred Talley, former judge of tlie Court of General Sessions. Bronx — James Donnelly. Richmond — William T. Fetherston, former justice of the Court of Special Sessions. Westchester — Supreme Court Justice Wil- liam F. Bleakly. Dutchess and Putnam — John E. Mack of I'oughkcepsie, former Supreme Court justice. Orange and Rockland — Arthur O'Leary. Sullivan — George Cook. Ulster — James Dwyer. New RKO Sales Unit For the Continent (.Continued from page 1) Depinet, Reisman and R. W. G. Mackay are directors. Phil Reisman is aboard the Empress 'of Britain, which is due here Satur- day. Deplore Dowling's Death RKO executives yesterday wired condolences to London on the death there of Ambrose J. ("Bo") Dowling, former general manager of RKO Ex- port Corp., and general European manager prior to that. Dowling had been ill for some time, the immediate cause of his death be- ing attributed to pneumonia and com- plications. London, Dec. 20.— Death came to Ambrose J. Dowling Tuesday night at the Rochester Hotel. Treasury to Study Overlapping Taxes (Continued from page 1) some consideration must be given the increasing tendency to add to the bur- den of commodities and services al- ready heavily burdened. The study may result in a national conference on taxation to be called by President Roosevelt next summer to consider the development of a nation- al system of taxation which would minimize overlapping. Film interests are deeply interested in the movement, in view of the recent tendency of state agencies to impose admission taxes on top of the 10 per cent Federal levy. Meriden Poli to Open Meriden, Dec. 20.— The Poli, which closed a short time ago, is set to re- sume operations Dec. 24 on a straight film policy for the time being. Insiders' Outlook (Continued Walter Reade — A bidder — with cash — for the Mayfair. Dick Powell — Flying trapeze. Pat O'Brien — Reducing machine. Dolores Del Rio — Enchiladas, tor- tillas, mantillas. Stanley Bergerman — Orchids for his buttonhole. B. F. Zeidman — A megaphone. Wm. A. McGuire — Ziegfeld's shoes. Margaret Sullavan — Lorgnettes. Hortrnse Schorr — The lowdown on what makes a good Martini. Georce Kann — A mess of spa- ghetti. Or a hot dog. Helen Twelvetrees — Another tree. Irving Thalberg — Free-wheeling hour glass. Lucien Hubbard — Stop watch. Harry Rape — Pinochle set. Hunt Stromberg — Unbreakable film. Bernie Hyman — Revised code. Herman Robbins, Toby Gruen and Sam Dembow — That deal. Harry Arthur — To win the Mar- shall Square suit against FWC. Irving Lesser — Another "Imita- tion of Life" at the Roxy. T Andy Clyde — Safety razor. Harry Lancdon — Pie pan. Duncan Sisters — Doughnuts. Robert Kane — A cane from Kent. Jesse Lasky — More parades. Ann Harding — A grass shack in Kahalakahoo. Katharine Hepburn — Overalls. Howard Dietz — Revenge with or without music. Charley Laughton — A vassarette. George Raft — Another bodyguard. Sylvia Sidney — Avocados. Eddie Buzzell — Hitler's biogra- phy. Victor Sciiertzinger — Another "Marcheeta." Howard S. Cullman — Roxy to stay in Philly. First Division — Time and still more time. Sidney Samuelson — A unit on Ed Kuykendall's home ground. ▼ Lloyd Pantages — Pipes of Pan. Dan Thomas — Dancing lessons. Louella Parsons — Rompers. Edwin Schallert — Better Times. Jimmy Starr — Hair restorer. Sidney Skolsky — Electric razor. Adolphe Menjou — Hat, coat and glove. Archie Mayo — Esquire. Jeannette MacDonald — Frigi- daire. Carole Lombard — Rhumba. Sid Grauman — Fright wig. Joe Sciienck — Man o' War. Will Rogers — Bankers' banquets. Ronald Colman — -Hermit's lodge. George Arliss — Tea and crumpets. Jimmy Cagney — Doctor's degree. Joan Blondell — -Twins next time. Lilian Harvey — Ermine tales. Al Friedlander — No more titles. John C. Flinn — One clearance and zoning schedule approved, just one. ▼ Jimmy Durante — Nose guard and hankies. Franciiot Tone — Emily Post's latest. Lupe Velez — Mexican jumping beans. from page 2) Gloria Swanson — Martial music. Ketti Gallian — Slave bracelet. Harry Cohn — Loudspeaker. Sam Briskin — Velvet gloves. Grace Moore; — More nights. Gene Raymont> — Wave set. Fred Keating — Canary Islands. Frank Capra — A gondola. George Burns — Gracie's brother. Claudette Colbert — Leopard skin. Gary Cooper — Another "chimp." W. C. Fields — Four Roses. Bing Crosby — A Scotch purse. Harry Suchman — To win a case before the local boards. Local Exhibitors — More relief from Local 306. T Jimmy Grainger — Grosses, bigger and bigger. Ed Grainger — Daddy's long legs. Frank Mastroly — Pastrami. Tammany Young — Couple of gates. Charley Chaplin — Voice in the dark. Dr. A. H. Giannini — A few kind words. Al Kaufman — Mannie's nanny. Francis Lederer — World peace. Ginger Rogers — Doll's house. Wheeler & Woolsey — Cigars and apples. Al Rockett — History books. Buddy DeSylva — Hurdy-gurdy. John Stone — Trip to Zanzibar. A. M. Botsford — Toastmaster's Guide. Jeff Lazarus — Shufflcboard. Rudy Vallee — Web of love. Monroe Shaff, Buddy Kusell and Lou Goldberg — Another "Dealers in Death." T Douglas Fairbanks — Seven league boots. Faiebanks, Jr. — Six league boots. Mary Pickford — Just boots. Walt Disney — Twins for Mickey and Minnie. Tom Mix — Big top. Busby Berkeley — Gyroscope — tel- escope— Connoly's scope. Pat Casey — Palm Springs. Anna May Wong— The right cue. George White — Earl Carroll's chorus. Sol Wurtzel — Roulette table. Jason Joy — Ruby Laffoon's red book. Janet Gaynor— Pretzels and ice cream. Joyce and Selznick — Non-collap- sible fountain pen. Connie Bennett — Stratosphere. Clarence Brown — A blimp. Lionel Barrymore — Wood-cut set. Wally Beery — Parachute. Maurice Chevalier — A Brown Derby. Jean Harlow — Toy balloons. ▼ Jack Lewis — Streamline. Stockholders — Dividends. Gene Fowler — Tricycle. Edward Small — Five-foot shelf. Lowell Sherman — Vogue. Mack Sennett — Golden egg for Father Goose. Lewis Milestone — Chicken sand- wich. Lew Ayres — More ginger. James Dunn — Shirley Temple. Stepin Fetchit — Molasses and sulphur. Edmund Lowe — Westphalian mor- sel. it One Night" Heads Review Board List "One Night of Love" has been selected by the National Board of Review as the most entertaining pic- ture of the year. Next is "The House of Rothschild," followed down the line by "The Barretts of Wimpole Street," "The Thin Man," "It Happened One Night," "The Count of Monte Cristo," "Of Human Bondage," "Queen Chris- tina," "Treasure Island" and "What Every Woman Knows." The board has designated the fol- lowing as the 10 most artistic Ameri- can pictures of the year : "The Count of Monte Cristo," "Crime Without Passion," "Eskimo," "The First World War," "It Llappened One Night," "The Lost Patrol," "Lot in Sodom," "No Greater Glory," "The Thin Man" and "Viva Villa." Foreign pictures similarly honored are "The Blue Light," "Catherine the Great," "The Constant Nymph," "Madame Bovary" and "Man of Aran." His Hour Is 4:30 Mordaunt Hall, former film critic of The New York Times, and now a broadcaster of reviews over station WEAF, conducts his program at 4:30 P. M. each Monday, not 1:30 P. M., as reported earlier. MacKenzie Studies Sound Malcolm MacKenzie, sound tech- nician for Monogram studios, is making a study of eastern laboratories in connection with sound printing. He arrived last Sunday and leaves today. Victor McLaglen — Beauty sleep. Frank Lloyd — Orchards to you. Raoul Walsh— Volume of Rabe- lais. Damon Runyon — Horsefeathers. Warner Baxter — Moose gun. John Boles — Corn pones. Alice Faye — Valleys with moun- tains. Peggy Fears — Big Bad Wolf. B. B. Kahane — One-man top. Merian Cooper — Ping-pong set. Kenneth MacGowan — Little art movement. Eddie Mannix — A new Paradice. T George Cukor — Harry Revel's waistline. Sam Katz — Kittens on the keys. Phil Goldstone — First mortgages. Mark Sandricii — Broccoli. E. B. Schoedsack — Atlas. Fred Astaire — Neckties and socks. Irene Dunne — Tea leaves. Bob Montgomery — Two-goal polo handicap. Bill Powell — Best cellars. Norma Shearer — Basinette. Hal Roach — Transcontinental record. Tay Garnett — Starting date for "China Seas." "Woody" Van Dyke— Speedome- ter. Anna Sten — Shashlik. Dakhyl Zanuck — Eddie Cantor's endorsement. Boleslawski— Garbo's skis. William K. Howard — Coca-cola. Sam Taylor — Laughter un-a- Lloyd. Henry Ginsberg — Bagatelle. Nat Levine — Cap pistol. Joe Reddy — Exp-Lloyd-ation. Trem Carr — Kiddie Carr. Sol Lesser — Something greater. Eddie Cantor — Just a boy. KANN THE MOST SENSATIONAL .« it First Joe Cook comedy for January release Produced by Al Christie Presented by E. W. Hammons f-j SHORT SUBJECT NEWS IN YEARS Americas one-man circus, and No. 1 Clown of the stage, now making big laugh features in two reels for VINCE BARNETT ourteen Hawaiians welcoming Joe (Four Hawaiians) Cook o the biggest star aggregation in short subject history. You get star values such as this in short subjects only from "THE SPICE OF TH E PROGRAM" Distributed in U. S. A. by FOX Film Corporation 10 MOTION PICTURE DAILY Friday, December 21, 1934 A 5-Year Financial Picture Washington, Dec. 20. — The following table, prepared by the Washington bureau of Motion Picture Daily, traces and gives details of corporate returns of theatres and producers from 1928 to 1932 inclusive as filed with the Internal Revenue Bureau : Film Houses Reporting Net Income PRIOR YEAR YEAR NUMBER GROSS NET LOSS TAX 1928 1,219 $293,079,000 $34,009,000 $1,778,000 $3,627,000 1929 1,293 378,663,000 41,044,000 1,972,000 4,105,000 1930 1,295 394,681,000 43,133,000 2,218,000 4,613,000 1931 1,167 276,519,000 26,005,000 2,365,000 2,638,000 1932 587 180,374,000 13,683,000 257,000 1,814,000 Film Houses Reporting No Net Income YEAR NUMBER GROSS DEFICIT 1928 948 $114,763,000 $12,364,000 1929 1,046 129,775,000 18,650,000 1930 1,025 118,423,000 13,390,000 1931 1,148 208,133,000 21,582,000 1932 , 1,995 325,116,000 73,019,000 Other Theatres Reporting Net Income PRIOR YEAR YEAR NUMBER GROSS NET LOSS TAX 1928 433 $137,014,000 $9,595,000 $ 591,000 $1,022,000 1929 323 63,007,000 7,986,000 1,402,000 694,000 1930 239 28,898,000 3,679,000 485,000 330,000 1931 182 18,764,000 1,398,000 112,000 130,000 1932 78 9,740,000 1,307,000 230,000 147,000 Other Theatres Reporting No Net Income YEAR NUMBER GROSS DEFICIT 1928 503 $67,742,000 $11,443,000 1929 443 40,802,000 8,485,000 1930 403 38,693,000 8,236,000 1931 343 33,147,000 7,532,000 1932 341 27,664,000 22,009,000 Producers Reporting Net Income PRIOR YEAR YEAR NUMBER GROSS NET LOSS TAX 1928 106 $219,254,000 $19,246,000 $2,639,000 $1,938,000 1929 101 280,303,000 50,238,000 2,202,000 5,330,000 1930 84 357,137,000 31,835,000 871,000 3,690,000 1931 54 29,696,000 2,698,000 44,000 318,000 1932 44 14,349,000 1,145,000 181,000 135,000 Producers Reporting No Net Income YEAR NUMBER GROSS DEFICIT 1928 100 $11,012,000 $2,136,000 1929 142 63,142,000 5,838,000 1930 124 53,563,000 8,447,000 1931 145 412,252,000 11,372,000 1932 151 176,446,000 31,344,000 Fox Theatres Claim Out of New Met Plan (.Continued from page 1) plan makes no provision for settle- ment of the Fox Theatres claim except to admit it to the same general status of other unsecured creditors who, ac- cording to the plan, may share pro rata in any liquidation of unmortgaged assets of Fox Met. All of Fox Met's 77 theatre lease- holds and eight fee properties, together with most of the cash on hand, are included in the mortgaged assets which are subject to the bondholders' claims amounting to $12,450,000. Unmort- gaged assets are understood to be in- considerable in amount. The plan provides that the reorgan- ized company shall disaffirm its lease on the Audubon and shall surrender its leases on the Atlantic, National and Terminal in Brooklyn. In the event of a sale of Fox Met by May 1, 1936, the new company reserves the right to take over the Randforce interest in the Empress, Marcy and Rolland, Brooklyn, but, subject to possible liti- gation at the time of a sale, may not be able to deliver to a purchaser Skou- ras's Valentine and Crotona, in the Bronx, and the Plaza, Englewood, N. J., which, Skouras claims, are not subject to surrender. Capitalization Stays Unchanged Capitalization of the new company remains the same as proposed in the original plan of last spring, that is, there will be $6,880,350 of new se- cured five per cent debentures, due in 1945, and 276,214 shares of common stock. All of this is issuable to the noteholders with the exception of $650,000 of debentures to be reserved for subscription by the operators and the 27,000 shares of common stock is- suable to Fox Film. Noteholders will receive in exchange for each $1,000 of their claims, $500 of new deben- tures, 20 shares of new common stock, $100 cash and a registered warrant for a pro rata share in unmortgaged cash, which is subject to later liqui- dation. The only change in this pro- vision is that the original plan pro- vided for payment of $50 cash, instead of $100. Due to a provision in most of the Fox Met theatre leases permitting landlords to cancel in the event of re- ceivership or bankruptcy, the new Fox Met company is issuing only 50 per cent of the present debentures out- standing, and interest on these for the first three years will be payable up to a five per cent maximum only out of net earnings. Interest after the initial three-year period will be at a fixed five per cent, whereas interest on the present bonds is six and one-half per cent. These interest modifications, sponsors of the plan say, will reduce the hazard of losing leases through financial difficulties to a minimum. An election of officers of Fox Met is scheduled to take place within the next few days, as is the filing of the completed plan with the Federal court. Stock Suit Against Fox Gets Dismissal Supreme Court Justice Samuel I. Rosenman dismissed yesterday an action by three Fox Film stockholders against 21 individuals and six corpora- tions asking for return of $4,000,000 profits alleged to have accrued through sale of the company's stock subse- quent to April 17, 1930, as well as un- specified damages held to have re- sulted from the transaction. The court ruled any profits that may have been made should have gone to General Theatres Equipment, not to Fox or individual members of the stock syndicate. Lewis Heads Samjax Emanuel Lewis has been elected president of the Samjax Corp. He replaces Jacques Koerpel, resigned. Samjax Corp. operates the Gaiety. Lewis will change the house policy from straight films to a stage and screen program. Huge Poster Drive Is Set by Industry (Continued from page 1) Hays organization. The posters, which will be mailed out at monthly intervals, will be in the regulation one-sheet size, 28 by 42, and each will carry "a message dramatizing vividly the service of the screen to all types of people." The poster series is in charge of a committee composed of Howard Dietz, S. Charles Einfeld, Paul Gulick, Rob- ert M. Gillham, Charles E. Mc- Carthy, Hal Home, S. Barrett Mc- Cormick, Herschel Stuart, P. L. Thompson and Gordon S. White. M. Leone Bracker is the artist. Kuykendall Is For Zoning to Preserve Code (Continued from page 1) conditions and to preserve the code, much of which is based on that pro- vision," Kuykendall said. "It is dif- ficult, but merits all the effort it re- quires. I'm sure we will find it a cooperative effort. "Also, in my opinion," Kuykendall declared, "the clause covering interfer- ence with leases must be retained even though it may not be enforcable as it now reads. It has been restrictive in lessening offenses so far, and we must find a way to put teeth into it for the protection of all. It is necessary to fair trade practices." Kuykendall's statement was given yesterday before he left to spend the holidays at his Columbus, Miss., home. Smalley Lease Case Is Heard in Capital (Continued from page 1) ton after the Albany grievance board and Code Authority had been unable to come to a satisfactory decision. Smalley had possession of the house for a number of years. His lease ex- pired in October, and prior to that time the owner sold it to the Glove City Amusement Co. Smalley brought a claim of interference with pending negotiations, and also applied to the courts for an injunction. The case is one of two out of 15 involving the interference clause with which the Code Authority has been unable to deal. The decision will be awaited with interest in view of the recommenda- tion of Campi for elimination of the provision from the code on the ground that it is unenforceable. Thompson Reporting On Grievance Board Although not officially requested to make the report, George F. Thompson, impartial member of the New York grievance board, is making a resume of the board's activities during the year for submission to Compliance Director Sol A. Rosenblatt. Thompson's criticisms of the board will touch on the second and third string substitutions for original ap- pointees, it is understood, which he will claim was not the intent of the government and which indicates the board is not functioning properly. Brandt Case Up Today Harry Brandt's clearance complaint against Warners for reduction of the 30 days' protection of the Regent, Newark, over the Rialto, same city, will be heard today by the New Jersey advisory committee. This is the case that was scheduled for Monday and postponed due to lack of a distributor representative. Brandt was consider- ably annoyed at the delay, having pre- viously denied Warners a postpone- ment. Columbians to Dine The Columbians, made up of Col- umbia employes, will hold their an- nual Christmas luncheon at the Edi- son on Monday. THE LARGEST NUMBER OF THEATRES EVER TO PRE* SENT AN ATTRACTION SIMULTANEOUSLY WILL HONOR THEIR SCREENS THIS HOLIDAY SEASON WITH IN SIR JAMES M. BARRIES "THE LITTLE MINISTERS SIR JAMES M. BARRIE'S THE LITTLE L- L C2 l- U L L JOHN BE ALT ALAN HALE DIRECTED BY RICHARD WALLACE ★ A PANDRO S. BERMAN PRODUCTION Friday, December 21, 1934 MOTION PICTURE DAILY 13 For 'Better Understanding9 League; Better Days Seen U. A, Sells Entire Lineup to Saenger New Orleans, Dec. 20. — Suddenly reversing the sales policy it was pre- sumed to have adopted for the year, United Artists rejected all applica- tions from independents whose towns conflicted with houses in which E. V. Richards has an interest, and sold the entire product to the Saenger circuit, E. V. Richards' Athliated Theatres, and United Theatres, a group of 18 subsequent run houses in this city which does its buying more or less un- der Richards' direction. This reversal came as a surprise to independents who, because of the wide buying done by Saenger and Affiliated in the country, were depending almost entirely upon United Artists for major product. RKO sold Saenger two weeks ago, so the average independent whose houses conflict with either Saenger or Affiliated, or with United Theatres in New Orleans, is left in a predicament. Flash Previews The Night Is Young — . . . conveys a Continental flavor . . . heavy with so-called pomp, clank and uniforms, larded over with Teutonic cliches of \esteryear. . . . Where Novarro draws this may attract, but it will require energetic resourcefulness to lift it above the average. . . . Million Dollar Baby — . . . appar- ently has a hokum quality that should click in neighborhoods and smaller houses and prove more than satisfac- tory to youngsters. . . . These films will be reviewed in full in a later issue of Motion Picture Daily. Writers' Guild Awards Hollywood, Dec. 20. — First annual awards of the Screen Writers' Guild for the best written pictures of the year were announced tonight at its initial annual dinner-dance at the Trocadero. "It Happened One Night," by Robert Riskin, was first ; "The Thin Man," Albert Hackctt and Frances Goodrich, second; "The House of Rothschild," Nunnally Johnson, third; "One Night of Love," |S. K. Lauren, James Gow and Ed- mund North, fourth ; "Gay Divorcee," Ueorge Marion, Jr., Dorothy Yost and Edward Kaufman, and "Of 1 fuman Bondage," Lester Cohen, tied for fifth. i James T. Hanlon Dead Atlanta, Dec. 20.— James T. Han- rlon, 42, for 14 years branch manager I for M-G-M, died here of pneumonia, ^'following flu. Hanlon was a member of the clearance and zoning board. He had I been with M-G-M nearly 20 years, and ihad started as poster clerk, work- ling his way through all stages up to the branch management. David Egert Passes David Egert, brother of Harry, treasurer of Progressive Poster Ex- change, Inc., suddenly passed away yesterday. He was 40. Shelton Rites Tomorrow Kansas City, Dec. 20. — Funeral services will be held Saturday for William Lisle Shelton, owner of the Ashland, who died yesterday at 66. By B. B. KAHANE (.Continued from fane 1) will strive for the "bigger" productions and avoid the mediocre type. Grosses should increase, first, be- cause better productions usually bring better grosses, and secondly, because there are unmistakable evidences that the country is out of its mental doldrums or, at the least, is on the way out, and this psychological im- provement in the viewpoint of the peo- ple of the nation will have a favorable effect on box-offices. It is up to the industry to help the up-swing in business and sentiment by making outstanding pictures that will provide varied and worth-while enter- tainment to theatre-goers. We will participate in the return of prosperity and we should do our share to promote that prosperity. By A. MONTAGUE (Continued from pane 1) Its premise — better understanding be- tween producer and exhibitor — is something fundamentally sound and highly desirable. With perfection of this relation automatic cooperation be- tween producer and exhibitor will fol- low. And this condition, in turn, will create increased revenues. In every phase of financial, commer- cial and industrial life it is conceded that confidence is the keynote of re- covery. Understanding between pro- ducer and exhibitor is synonymous with confidence in the industry. No formalities and no organization are necessary prerequisites to put this tre- mendous force at work for mutual advantage. In its strongest manifestation, confi- dence enables the exhibitor to differ- entiate between the great picture and (Continued f managed to keep everybody but Arthur Tracy and Nick Lucas inter- ested for the duration of the two and one-half hour luncheon. Tracy and Lucas were preoccupied with think- ing up Bing Crosby songs which they crooned later with a dedication to their absent comrade. They caused C. C. Pettijohn, who trailed them on the program, to lament that he, too, didn't know any of Crosby's songs, old or new, to sing. The charitable notes were struck by Louis Nizer and Alicoate, who called attention to the need for aiding the industry's unfortunates and cited, anonymously, deserving cases known to the administrators of A.M.P.A.'s charities. "Not all of these cases," Alicoate re- assured the gathering, "arc like Nizer. We sent him a Christmas basket last year and he called his butler to carry it indoors. Then wanted to return the oranges because they weren't Sun- kist." Pettijohn called the charity appeals of these two "the best act of the day," Korda's Latest By BRUCE ALLAN London, Dec. 20.— "The Scarlet Pimpernel," latest from Alexander Korda and London Films, is an artistic production, notable for the line acting of Leslie Howard. It is less melodramatic than the original version and this time emphasizes comedy values. The tempo is rather slow, the film lacks obvious punch and is for connoisseurs of action and production values rather than for the masses. Merle Oberon is good, as is Nigel Bruce as the Prince of Wales. the "sleeper" and to exploit the former in a manner enabling him to extract from it all available revenue to the ad- vantage of the producer as well as himself. The production is sold to the exhibitor on the basis of confidence. I te, in turn, sells it to the public on the same premise. Fvcry one is satis- lied and every one benefits, whereas in the absence of this confidence a tre- mendous amount of playing time would be sacrificed in proving to the public the worth of the attraction. r>ueh loss of time always is at the cost of producer and exhibitor alike and adversely affects the business of both. One's assets in the industry cannot be estimated solely upon a computa- tion of realty holdings, or of the value i if leaseholds. The greatest equity lies in a richer value — the relation he has developed and can develop with those with whom he docs business. rom page 1) despite the fact that "too many sweet things were said." Harry Hershfield, Cheese Club pres- ident, augmented the appeals for re- membrance of those down on their luck by pointing out that many in the industry minimize the plight of others because all around are people who still have some money. "We are apt," Hershfield said, "to be like the little Yiddish woman who was approached by a panhandler. 'Please, mum,' pleaded the man, 'can you help me out? I ain't eatin' a thing for four days.' Responded the woman, 'You should force yourself to eat.'" This, apparently so confused Billy Ferguson, presiding at the time, that he followed up by introducing Red Kami as editor of Motion Picture Herald and Jack Cohn as president of Columbia. Thereafter, Sally Rand, who dis- dains dancing raiment other than feathers or translucent balloons, was introduced and launched a dissertation on her ai * and the relation to it of merch. ^ndis.'ng and window undressing ; Berman Sees Flood Of Musicals Coming Pandro S. Berman, Radio producer, predicted yesterday that a flood of musicals shortly will reach the mar- ket. "Musicals are making money," he stated, "so every company in Hol- lywood is planning several. Why things should travel like this in cycles in Hollywood, I couldn't say, but everyone knows that it does." Berman has been in town several days looking over Broadway shows. I le attended the recent board of direc- tors' meeting of the company. He bought no stories or plays while here and leaves for the coast over the week-end. Streimer Is Elected Head of Film Board Moe Streimer of United Artists is successor to Henry Randel of Para- mount as president of the New York Film Board of Trade. Other new of- ficers are : Jack Bellman of Holly- wood, first vice-president ; Robert Fannon of Majestic, second vice-presi- dent; Jack Bowen, M-G-M, treas- urer ; Dave Levy, M-G-M, secretary ; Joe Lee, Fox, scrgeant-at-arms. Lee replaced Edward Schnitzer of Colum- bia in the last post after seven years. Induction will take place during the week Jan. 10-15. To Coast for Xmas ( oast-hound today in time to reach Hollywood for Christmas will be: Winfield Sheehan, production gen- eralissimo for Fox. Gabe Yorke, Fox studio publicity head. Paul Sloane, the director. Mildred Ginsberg, wife of Henry, vice-president and general manager of the Roach studio. "U" Building Team I [oi.i.Ywooo, Dec. 20. — Jean Dixon joins Universal on a long-term con- tract Jan. I, The studio is now look- ing for a series of stories in which to l.-i ui i< li M iss I )'i ' on and I I ugh O'Connell as a co-starring comedy team. Writ Against Reinhardt I. os Angeles, Dec. 20. — Max Rein- hardl today was restrained from work- ing on Warners' "A Mudsummer Night's Dream" by a writ granted in Superior Court to A. A. Haendler, executive of a French theatrical pro- ducing agency. Meet Writers Dec. 27 Hollywood, Dec. 20. — Writers ex- pect a showdown on the final draft of their code of fair practice at a meet- ing with producer representatives Dec. 27. Lucas sang another of Crosby's songs, dedicated, this time, to Phil dc An- gelis, ami lioris Morros took the bow when Ferguson introduced Nicolai Balieff of the Chauve Souris. Others introduced by the toastmas- ters included E. W. 1 (amnions, Felix Feist, Sylvia Froos, Mac Murray, Major Edward Rowcs, David Bern- stein, Jack Pearl, l.ily Pons, Ken Strong, Joseph Connolly, Kitty Car- lisle, Al Lichtman, Clendennin Ryan, Henry R. Luce, Richard lionelli, Karen Morley, Smith & Dale, Post- master Albert Goldman, Shirley Ross, Grovcr Whalen and Walter Huston, Some Talks, Some Ribbing, Some Crowd at Ampa Lunch "Old Fashioned DieHards" Sirs: LET ME BE ONE OF THE FIRST TO CONGRATULATE YOU ON YOUR ANNOUNCEMENT THAT YOU WILL ENTER THE MOTION PICTURE FIELD STOP I KNOW YOU WILL DO A GOOD JOB AND THAT YOU WILL PROVE TO A LOT OF OLD FASHIONED DIEHARD HALF MUMMIFIED PROFESSORS AND OTHER SUPPOSED TO. BE EDUCATORS IN THIS COUNTRY THAT BY THE USE OF PICTURES AND RADIO YOU CAN REEDU- CATE MANY MILLIONS NOT WORRY TRES ALL TRES WILLI Sirs: As a regular reader of TIME, I am much interested in having THE MARCH OF TIME shown at our Emboyd Theatre this city. Here's hoping we may have the pleas- ure of seeing the first picture issue and that it proves as interesting and suc- cessful as TIME Magazine. Yours truly, S. P. H., M.D. Fort Wayne, Indiana Sirs: C. C.l 63 TOI SAN Fl Sirs: Your announc most interesting, productions showil Cordis YOUR 1HtMRE Frenzied Impatience Sirs: Am enormously interested in TIME's brilliant new venture, THE MARCH OF TIME, Inc. As a resident of a small Indiana city I'm hoping that its showing will not be confined to metropolitan areas. A large group of TIME-readers and MARCH OF TIME enthusiasts are awaiting the debut of your first reel in termed a frenzy of impa- ■ill petition the manager of iccordingly. E and FORTUNE'S ts, allow me to wish the world to the , Inc., knowing that igress with the same lerived from the su- IfTIME "Letters"— is of TIME. A Toast Sirs: I have just finished listening to your MARCH OF TIME program, which holds me enthralled for thirty minutes each Friday night — I only wish it were sixty minutes in length. Needless to say, I shall look forward with anticipation for your MARCH OF TIME Newsreel. I only hope our theatre manager will buy this feature — for I feel sure the people of our town would appre- ciate this news feature. I shall request that he book the MARCH OF TIME myself and I know my friends shall do the same. A toast to TIME's new venture — and much success to its christening. Yours truly, Mrs. J. F. 224 N. Oak Pratt, Kansas "Our Whole Family" Sirs: With reference to your announcement this evening on the MARCH OF TIME program, please be advised that I as well as our whole family will be very glad to support your new venture and sincerely hope that we may soon have the pleasure of seeing your pictures. Very truly yours, I. R. 616 Lyons Ave. Irvington, N. J. Sirs: We in this family are delighted to read that your new venture in pictorial jour- nalism is soon to begin. The theatres at which we'd like to see the MARCH OF TIME are: the Kentucky, the Strand, and/or the Ben Ali theatres. We greatly enjoy the March of Time on Friday evenings. But your program on Nov. 30 was one of the best we've heard. Very truly yours, A. S. 1600 Richmond Road Lexington, Ken. Sirs: First Sta Secon Ohi Wishi Sirs: Pleas( ias of ti Wiscons TIME custome tise it. 1 Sirs: It is forward MARC] am sure dramati the air ii I sugg THIS MAKES HISTORY IN ALL your experience as an exhibitor have you ever heard of a motion pic- ture being deluged with fan mail before anyone has even seen it on the screen? Yet, on the announcement of this picture, people all over the country wrote and telegraphed asking and demanding that THE MARCH OF TIME be shown their favorite theater. Look for the name of your theater these letters, Mr. Exhibitor, (the copies of those printed here are on file at our office— you can see them any time) read them carefully. You don't have to be told what a reception like this means at the box office. Released Through FIRST DIVISION The New Major HARRY A. THOMAS, Pres. in m St. Ind. 1 not cen- ARCH York Any of to have Place not t will tres, ARCH heatre, Sirs: If the MARCH OF TIME m<. pictures will be like the broadcast : the magazine (TIMEn I shall endt them with enthusiasm. Yours very truly, P. K. 620 Second Str<* Brooklyn, N. Y. Sirs: The Warner Theatre in Ridgev.< the Hawthorne Theatre in Hawthoi and the Pascash Theatre in West* are the ones I patronize most often.! be glad to see THE MARCH OF TI! at any or all of them. Yours very truly, E. H. 224 Richards Roa Ridgewood, N. J. Sirs: I would like to see the MARCH TIME shown at Madison Thea Oneida, New York. Yours truly, E. A. Wampsville, N. -i Sirs: Interested in your new venture. I local theatre for showing is The Centi N. L. T. 2312 E. Federal Stre£ Baltimore, Marylanr Sirs: Have been enjoying THE MAR OF TIME over the radio and will' very pleased to hear same in the mov Yours truly, W. H. 33 Mildred Terrac Vaux Hall, N. J. Sirs: I would like to have THE MAR OF TIME exhibited at the Bronx\ Theatre, N. Y. G. C. V deG. 650 Fifth Avenu New York, N. Y would like to see ME in Motion pictu esi ami nope i OF TIME may be shown in Indianapolis at Loew's Palace Theatre. With best wishes for great success, I am Yours truly, J. L. D. 1210 Golden Hill Drive Indianapolis, Indiana 3 Cheers 3 Cheers for THE MARCH OF TIME Movies. How can we wait!! M. E. M. 1612—10 Avenue nost of ory) pr< e Balal ient to ides, we ; they h:: ants to icture wo he process to justify dence Halls for Mei 60th St. hicago. Ill EVEN BEFORE RELEASE THOUSANDS ARE DEMANDING IT The Leading Motior Picture Industry MOTION PICTURE DAILY Alert, Intelligent the in All Branches VOL. 36. NO. 147 NEW YORK, SATURDAY, DECEMBER 22, 1934 TEN CENTS Ruling Brings Ascap Federal Trial Nearer fudge Mack Rules Upon Broadcast Queries Trial of the monopoly suit against he American Society of Composers, \uthors & Publishers brought by the Pennsylvania Broadcasting Co. in federal court here two years ago was >rought a step closer yesterday with l ruling by Judge Julian W. Mack >earing on the questions in the plain- iff's interrogatory which Ascap will >e required to answer. Indications are that the action, vhich is backed by the principal na- tional broadcasting companies and eeks dissolution of Ascap as a mono- poly, will be speeded through its pre- iminary stages and held in readiness (Continued on page 3) if ich. Beano Game Is Ruled a Lottery Grand Rapids, Dec. 21. — Ex- libitors, who have been fighting for nore than a year to rid the city of «eano games, were a step nearer suc- :ess this week when the state Supreme Zourt justices handed down a decision hat the game is a lottery. As this vas the only aspect of the case which he high court was asked to decide, he matter was referred back to the (Cent County courts, where a beano ;ame operator is charged with oper- ating a lottery. The ruling is ex- acted to put an immediate end to all '•f the games here. Seattle First Runs Drop Double Bills j Seattle, Dec. 21. — Dual features will be a thing of the past among first uns by Jan. 1. First to abandon the policy was the liberty, where Jensen-Von Herberg :esumed singles last month under a 'iew contract with Columbia. This week Hamrick's Music Box everted to single features, after (.Continued on page 4) Fines Imposed for Use of Three Films Fines of $250 for authorized dis- tribution of Harold Lloyd's "Movie >azy" and $500 for similar use of Splashing Thru" and "Bugville Ro- nance" were imposed this week by (Continued on page 4) Breen Declares He Will Stay In Production Job Until 1936 Hollywood, Dec. 21. — In reply to rumors current here that he would leave his present position to join Universal, Joseph I. Breen, production code administrator, last night issued a formal statement denying he had contemplated any change. Breen stated that he has a definite commitment to carry on as administrator of the code until March, 1936. He admitted, however, that "one of the major producing companies" had offered him an important executive position, but that he had declined be- cause of responsibilities he had to the companies employing him and to the public at large to remain as code head. No Change in Code Authority Planned Washington, Dec. 21. — Orders is- sued by the National Industrial Re- covery Board to place a full time NRA representative on code authori- ties of national industries in order that the public interest may be ade- quately represented will have no ef- fect on the film code, it was made known today. Under the terms of the order, "under some circumstances per diem (Continued on page 3) Report Middle West For Scrapping NRA Kansas City, Dec. 21. — In a poll of the middle west, the Kansas City Chamber of Commerce has determined (Continued on page 3) M-G-M and Loew's Restore Pay Cuts M-G-M and Loew's yesterday re- stored to all employes on both coasts all salary reductions made since 1932. The order will result in increases of from 10 to 30 per cent for employes who received cuts in those amounts during the past two years. The res- torations are effective with today's pay checks. Both companies are also understood to be distributing bonus checks to employes today as Christ- mas gifts. First Division Set To Start on Jan. 15 Hollywood, Dec. 21. — First Divi- sion Pictures, located at Mack Sennett Studios, will get under way about (Continued on page 2) time film delivery assured by members I f National Film Carriers, Inc. — Adv. Lasky Sees Bigger Profits; Golden Waxes Philosophical By EDWARD GOLDEN Sales Manager, Monogram The best way of looking into tomor- row is to look back on yesterday. What the tomor- row has in store for us many times is in the makings of yesterday. Success is as- sured for those who have their feet on the ground and are not fan- tastic in their imagination. Con- stant application to an idea and an ideal is creative of tomorrow. Yesterday is gone, only as a step for tomorrow. In (Continued on page 2) By JESSE L. LASKY Producer for Fox Hollywood, Dec. 21. — Facing 1935, producers have reason to be optimistic over the pros- pects for im- proved pictures, and increased profits. The past year has demonstrat- ed that the pol- icy of entrust- ing production to individual producers has been eminently successful. The major compa- nies are now committed, very definitely, to the belief that individual (Continued on page 2) Operator Pay Comes Up at Talks Today Local 306, Allied M. P. Both in Conference A meeting of New York exhibitor representatives with officials of Local 306 and Allied M. P. Operators' Union will be held at Code Authority headquarters this morning to consider plans for reduced booth scales. Temporary wage scale relief was granted by Local 306 at a meeting held 10 days ago, which will continue in effect until a permanent agreement is reached. The meeting is also ex- pected to discuss a merger of Allied with Local 306 and a cessation of all picketing by both unions. Compliance Administrator Sol A. Rosenblatt will attend. Others to be present include George Browne of I. A. T. S. E., Harry and William Brandt, Charles L. O'Reilly, C. C. Moskowitz, Marvin Schenck and Les- lie E. Thompson. No blanket relief is being given lo- cal independents by Local 306 in con- nection with the temporary agreement (Continued on page 3) Trans-Lux Officers Hold Their Control The fight for control of the Trans- Lux Daylight Pictures Screen Corp. terminated yesterday in a victory for the acting management. According to Percy N. Furber, president, there are 4,127 stockhold- ers in the company and 2,551 of these voted at the meeting, with 2,441 casting their ballots in favor of the acting management. The vote in fa- vor of the present management was 399,471; against, 232,005. Stuart Webb, president of Pathe; Edward W. Marshall, a Boston bank- er, and Edwin G. Lauder, executor (Continued on page 4) Providence Hit by Free Radio Program Providence, Dec. 21. — Pack another cracked ice bag for exhibitors. Right on the heels of the free Standard Oil show last week came announcement of (Continued on page 4) No Paper Tuesday Motion Picture Daily will not publish on Christmas Day, Tuesday, Dec. 25. MOTION PICTURE DAILY Saturday, December 22, 1934 MOTION PICTURE DAILY (Registered U. S. Patent Office) Vol. 36 December 22, 1934 No. 14? Martin Quigley Editor-in-Chief and Publisher MAURICE KANN Editor JAMES A. CRON Advertising Manager — Published daily except Sunday and holi- days by Motion Picture Daily, Inc., sub- sidiary of Quigley Publications, Inc., Martin Quigley, President; Colvin Brown, Vice-President and Treasurer. Publication Office: 1790 Broadway, New York. Telephone Circle 7-3100. Cable ad- dress "Quigpubco, New York." All con- tents copyrighted 1934 by Motion Picture Daily, Inc. Address all correspondence to the New York Office. Other Quigley pub- lications: MOTION PICTURE HERALD, BETTER THEATRES, THE MOTION PICTURE ALMANAC and THE CHI- CAGOAN. Hollywood Bureau: Postal Union Life Building, Vine and Yucca Streets, Victor M. Shapiro, Manager; Chicago Bureau: 407 South Dearborn Street, Edwin S. Clif- ford, Manager; London Bureau: Remo House, 310 Regent St., London, W. 1, Bruce Allan, Representative. Cable address: "Quigpubco, London"; Berlin Bureau: Berlin - Tempelhof , Kaiserin - Augustastrasse 28, Joachim K. Rutenberg, Representative; Paris Bureau: 19, Rue de la Cour-des- Noues, Pierre Autre, Representative; Rome Bureau: Viale Gorizia, Vittorio Malpassuti, Representative; Sydney Bureau: 102 Sus- sex Street, Cliff Holt, Representative; Mex- ico City Bureau: Apartado 269, James Lockhart, Representative; Glasgow Bureau: 86 Dundrennan Road, G. Holmes, Repre- sentative; Budapest Bureau: 3, Kaplar-u, Budapest, II, Endre Hevesi, Representa- tive; Moscow Bureau: Civtzev Vrazhek, N. 25, Apart. 146, Moscow, U. S. S. R., Bella Kashin, Representative. Cable ad- dress: "Samrod, Moscow." Entered as second class matter, January 4, 1926, at the Post Office at New York City, N. Y., under Act of March 3, 1879. Subscription rates per year: $6 in the Americas, except Canada $15 and foreign $12. Single copies: 10 cents. Shows Again in St. Louis St. Louis, Dec. 21. — Stage shows return to the Missouri, F. & M. house, on Christmas Day. After the first week it is planned to put on 10 acts of vaudeville in conjunction with the usual two feature pictures. The ad mission will continue 25 cents for adults until 7:30 P.M. and 40 cents thereafter, with 10 cents for children at all times. Lowe Gets Promotion Hollywood, Dec. 21. — Edward T. Lowe, who has been a member of the Fox writing staff, has been made an associate producer working with the Sol Wurtzel unit. Smith, Wilk Start East Hollywood, Dec. 21. — A. W. Smith, eastern and Canadian sales manager for Warners, and Jake Wilk, head of the story department, left for New York today on the Chief. Signs Frances Langford Hollywood, Dec. 21. — Walter Wanger has signed Frances Lang- ford, former New York radio singer to a long term contract. Laemmle on Coast Dec. 24 Hollywood, Dec. 21. ■ — Carl Laemmle, Jr., is due here Monday for conferences with his father and James R. Grainger. Lasky Sees Bigger Profits; Golden Waxes Philosophical By JESSE L. LASKY (.Continued from page 1) producers can be trusted to turn out showmanship attractions. The success of new personalities has been an outstanding development in the industry's progress during 1934 and I am convinced the coming year will witness another striking turn- over of talent. In choice of subjects to be filmed, there will be marked departures from the past. Routine plots will give way to thematic ideas. Sex and bedroom stories will disappear from the screen. And sombre subjects will give way to those which are cheerful and opti- mistic. Musicals, I predict, will become a permanent part of the industry's pro- gram. The tendency, however, is to- ward fewer productions of this type. Class musicals and light operas will be favored. Technical improvements will be noted also in next year's product, par- ticularly in color photography. Audi- ences are now evidencing real interest in color on the screen, and the 1935 pictures will contain more of it than heretofore. The much-publicized drive for film reform brought splendid results and played an important part in dignify- ing the screen and raising the level of entertainment. It proved a real factor with the public, and will continue to do so in 1935, contributing to bigger grosses at the box-office. The ordinary program picture has failed to command success with the public. Consequently, the producers will aim, more than ever, for pictures which combine distinction with popular appeal. First Division Set To Start on Jan. 15 (Continued from page 1) Jan. 15, when the unit starts work on a Hoot Gibson western, the first of four. No directorial assignment has been made. The company has four untitled fea- tures also lined up for spring release. John Curtis, vice-president and treasurer, has returned to New York. Detroit Opening Dec. 24 Detroit, Dec. 21. — First Division will open its new exchange here the day before Christmas, with an in- formal housewarming. Harry H. Thomas, president of First Division Exchanges, will not be able to be here because of a meeting in New York. However, he made a trip here Wednesday to work out the final de- tails. Milton E. Cohen, for six years city salesman for Columbia here, is in charge. By EDWARD GOLDEN (Continued from page 1) looking into the future, one is safe if he is right today. Build each day in the right way and tomorrow will take care of itself. We are in a business of showman- ship and those of us who are fortunate enough to be showmen have nothing to fear in tomorrow. Tomorrow is only tomorrow — and today is beautiful ! Dowling III Long Time London, Dec. 21. — Ambrose J. ("Bo") Dowling was unconscious for two days before his death. He suf- fered a stroke in New York 18 months ago, and another just before leaving Radio last October. Ten days ago flu and pneumonia set in. The body will be shipped to Amer- ica where Catholic funeral services will be held. The boat has not been selected. Putnam to Honolulu Hollywood, Dec. 21. — George Palmer Putnam, chairman of Para- mount's New York editorial board, and his wife, Amelia Earhart, sail for Honolulu Saturday on the Lurline. The couple will spend three weeks va- cationing in the islands. Verne Porter on Own Verne Porter, former story execu- tive for a number of major film com- panies and at one time editor of New Movie, has opened offices as a literary agent. For the past year he has been in a partnership. The new venture is solo. Consolidated Up%on Big Board Consolidated Film Industries. Consolidated Film Industries, pfd Eastman Kodak, Fox Film "A"... Loew's, Inc Paramount Publix . . Pathe Exchange Pathe Exchange "A" RKO Warner Bros Net High Low Close Change Sales 654 554 654 + 44 14.300 2054 20 + 44 6,400 112 11054 112 +144 1.300 1254 124-8 1244 — H 300 34i4 3344 33% - 54 4,700 354 344 154 - 54 9,400 154 1 + v» 500 14 1344 1344 400 244 246 244 2.100 454 454 454 - 54 2,700 Trans Lux Gains Eighth on Curb High Low Close Technicolor 1244 1254 1244 Trans Lux 256 2 254 Warner Bonds Drop Half Net Change + Sales 500 200 General Theatre Equipment 6s '40. Loew's 6s '41, ww deb rights Paramount Broadway 554s '51 Paramount F. L. 6s '47 Paramount Publix 554s '50 Pathe 7s '37, ww Warner Bros. 6s '39, wd Net High Low Close Change Sales 954 854 854 - 54 5 10544 4454 1044i 10544 + 44 27 4354 4354 -44 10 6254 62 62 —1 19 6254 62 62 - 54 18 10054 10054 10054 + 54 1 59 5854 5854 - 54 23 < Purely Personal ► ABRAHAM LEHR, vice-presiden of Samuel Goldwyn Prod., an< Mrs. Lehr, now in from Europe were away on a five-week busines and pleasure trip to London an< Paris. Norton Ritchey, who leaves fo the coast in March to attend Mono gram's annual convention late tha month, will go to Panama and Cen tral and South America from Holly wood for a short trip. Jacques A. Koerpel of Eurek Prod, has sold the rights to "For gotten Men" in Austria to Dr. Hause & Co. Rights to "Jungle Killer" hav been sold to Mitzenfilms in Japan. James Blakeley, New York young ster. signed by Columbia seven months ago, arrived from the coas] by plane yesterday for a holiday visi i W. Ray Johnston is trying t| knock off a bad cold. Ditto for Rusj sell Bell of Monogram's art d< partment. Max Cohen, manager of the "U:l exchange, and Abe Leff, of Left Myers Theatrical Corp., are on tl Georgia on a holiday cruise. Trem Carr will arrive from Holh . wood the first week in January fcl conferences with W. Ray JohnstoI on Monogram production. E. T. Carr, general sales man; ger for United Artists in Englan is due in New York tomorrow c the Manhattan. E. M. Newman is on his way Florida to gather material for h "See America First" series for Vit phone. Henry Armetta is driving aero the country on a vacation trip wii Mrs. Armetta and their daughte Eleanor Griffin and Willia Rax kin have sold an original, "Yc Gotta Have Romance," to Paramour Dave Snaper, New Jersey circt owner, has recovered from the gr and is back on the job. Mady Christians, who has ju finished work in "Wicked Womai for M-G-M, is in New York. May Robson arrives east tomorro to spend the Christmas holidays wi relatives here. Y. Fran Freeman /eft yesterd; for Atlanta to spend the holidays. D' back in a week. C. C. Pettijohn left yesterday i a holiday vacation in Florida and w return immediately after New Year'; Herman Robbins and family s; today for a West Indies cruise on t Vulcania. Edward G. Robinson and Mi Robinson and their son are due Sunday for the holidays. Nat Holt, RKO Cleveland divisi- manager, has returned after home c fice booking confabs. Walter Eberhardt is back frc Nassau full of sunburn and reflectic Fifi Dorsay has been signed for two-reel Yitaphone musical. Edward M. Saunders returns frc Hollywood on Monday. Harry Thomas is in from Chica today. Pete Harrison's back from t coast. Saturday, December 22, 1934 MOTION PICTURE DAILY Operator Pay Comes Up at Talks Today (Continued from page 1) reached recently by union and exhibi- tor heads. Where relief from booth costs is sought, each case has been handled individually. In some instances the relief given is as much as 15 per cent under the scales invoked at the time Sam Kap- lan was head of Local 306. It is hoped by independents that when the basis scale is set the percentage will be in- creased. At today's session, a second report of the NRA fact finding committee will be discussed. At the meeting last week two proposals were aired. One was for setting up a scale based on seating capacity and admis- sions. The other was for merging all local operators' unions under the I. A. T. S. E. for a term of years with Lo- cal 306 men preferred for jobs. This plan also called for arbitration at least every one or two years for revision of the local scales. Independents want the allocation of scales according to ability of the ex- hibitor to pay. No Change in Code Authority Planned (Continued from page 1) administration members may be au- thorized by the division administra- tor to serve instead of full time ad- ministration members," and this clause has been availed of to continue the present setup of the film code. It was explained that the film code representative would have to be a man thoroughly familiar with the industry and that it was considered advisable that Compliance Director Sol A. Rosenblatt and Deputy Ad- ministrator William P. Farnsworth should continue in charge. Hollywood Personals Hollywood, Dec. 21. — Constance Collier gets her first big role in "Shadow of Doubt" at M-G-M. . . . Francis Lister gets a role in "Cardinal Richelieu" at 20th Century. . . . Edwin Bernoudy, as- sistant director, resigns at United Artists to join his former boss, Sam Taylor, at Roach. . . . Mr. and Mrs. Frank Lawton will spend Christmas in New York. . . . Hazel Forbes back from New York. . . . "Spinning Mice," the first all color "Toddle Tale" novelty to be released by Radio, in production. . . .Dudley Nichols completes work on the script of "Crusaders" and leaves Paramount. Report Middle West For Scrapping NRA (Continued from page 1) that prevailing sentiment among busi- ness leaders is that the NIRA should be allowed to die June 16 next and no new legislation should take its place. A brief supporting that position will be submitted to the U. S. Chamber of Commerce and to senators and repre- sentatives in 14 central western states. "It is the consensus that much good has accrued through the operation of the NRA," the brief states. "How- ever, it is felt that adverse provisions of codes and unfair rulings of ad- ministrative officials have deterred business and decreased employment to a greater degree than the good other- wise accomplished. In fact, such drastic rulings have made it difficult for many industries to survive, much less prosper." Mixed BiU Pulls Heavily, Lincoln Lincoln, Dec. 21.— The Orpheum tops the list in the dough gathered this week. In spite of the Christmas slump, the opening three days of "Love Time" and the Mamie Smith- Andy Kirk colored stage show, fol- lowed by "Silver Streak" for four, which features the Burlington Zephyr, a home town choo-choo, the week took $3,700. "Peck's Bad Boy" was all right for $2,100, but the "Painted Veil" was weak with $2,500. Estimated takings for the week ending Dec. 19 : "LOVE TIME" (Fox) ORPHEUM — (1,200), 10c-15c-25c, three days with Mamie Smith stage show. "Sil- ver Streak" (Radio) for four days. Gross: $3,700. (Average, $2,300.) "PECK'S BAD BOY" (Fox) LINCOLN— (1,600). 10c-15c-25c, 7 days. Gross: $2,100. (Average, $2,200.) "POWER" (Gaumont British) VARSITY— (1.100). 10c-2Sc, 7 days. Gross: $1,200. (Average, $1,500.) "PAINTED VEIL" (M-G-M) STUART— (1,900), 10c-25c-40c, 7 days. Gross: $2,500. (Average, $3,100.) Against RCA Revision Adoption of any plan for revising the capital structure of RCA was ad- vised against for the time being in a report to the board of directors yes- terday. Philadelphia Tent Will Meet Dec. 30 Philadelphia, Dec. 21. — All mem- bers of the Variety Club, recently formed here with Earle Sweigert of Paramount as president, will hold a special get together at the Warwick Hotel on Dec. 30. Induction of offi cers and granting of a charter took place last Friday with John H. Har ris of Pittsburgh attending. Headquarters of the club have been opened at 1910 Rittenhouse Square It's a four-story building exclusively for the organization. Expect Big Cincy Party Cincinnati, Dec. 21. — Eight hun- dred children, wards of local orphan- ages, are expected to attend Variety Club's Christmas party Sunday at the Netherland Plaza Hall of Mirrors, where a 20-foot tree will be erected. In addition to singing Christmas carols, comedies and cartoons, donated by local exchanges, will be shown, and other entertainment provided. Each child will receive an appropriate present. Transportation for the children and their chaperons will be furnished by the club. Variety Takes in Baer Cleveland, Dec. 21. — Max Baer, heavy champ, was made an associate member of the Cleveland Variety Club at its last luncheon meeting, when he and his young brother, Buddy, were guests of honor. Buddy entertained with a song, while his famous brother told stories of the ringside. "Painted Veil" at ,000, Portland Portland, Dec. 21. — Pre-Christmas shopping tended to cut down grosses, in spite of a continued wealth of qual- ity product. "The Painted Veil" was held over at United Artists and in its 10-day run had a take of $9,000, or $4,000 over a normal week. "Anne of Green Gables" in its sec- ond week at the Music Box secured a take of $2,600, or $600 over the usual. "Hell in the Heavens," supplemented by a stage show at the Paramount, rolled up a gross of $7,800, or $2,800 over normal. Total first run business was $34,000. Average is $27,000. Estimated takings for the week end ing Dec. 15 : "BABBITT" (F. N.) "STUDENT FOUR" (M-G-M) BROADWAY— (1,912), 25c-35c-40c, 7 days. Gross: $5,000. (Average, $5,000) "THE FOUNTAIN" (Radio) "CHEATING CHEATERS" (Univ.) ORIENTAL— (2,040), 25c, 7 days. Gross $1,800. (Average, $2,000) "AGE OF INNOCENCE" (Radio) HAMRICK'S ORPHEUM— (1,700), 25c 35c-40c, 7 days. Stage show. Gross: $4,' 800. (Average, $5,000) "ANNE OF GREEN GABLES" (Radio) MUSIC BOX— (1.000), 25c-35c-40c, 7 days, 2nd week. Gross: $2,600. (Average, $2,000) "ONE NIGHT OF LOVE" (Col.) MAYFAIR— (1,700), 25c-35c, 7 days, 4th week. Gross: $3,000. (Average, $3,000) "HELL IN THE HEAVENS" (Fox) PARAMOUNT — (3,008) , 25c-35c-40c, days. Stage show. Gross: $7,800. (Average $5,000) "PAINTED VEIL" (M-G-M) UNITED ARTISTS— (945), 25c-35c-40c, 10 days. Gross: $9,000. (Average, $5,000) Writ Won't Halt 'Dream' Hollywood, Dec. 21. — The tempo- rary injunction secured by A. A Haendler, head of a Paris theatrical agency, to restrain Max Reinhardt from continuing work on "A Mid summer Night's Dream" will not af feet production on the picture, it was learned at Warners today, although the impresario is forced by the writ to remain inactive until Dec. 27 Haendler charges Reinhardt broke a contract to produce "Die Fledermaus' in London several months ago. Ruling Brings Ascap Federal Trial Nearer Frank Real Dies on Coast Hollywood, Dec. 21. — Frank Beal, 70, pioneer director, lately doing char- acter acting, died last night after sev- eral months' illness. He is survived by Scott R. Beal, recently elevated from assistant director to director at Universal, and two daughters. Burial will be tomorrow at Hollywood Ceme- tery. /. /. McGuinness Dead Boston, Dec. 21. — J. J. McGuin- ness, executive secretary of Allied Theatres of Massachusetts, died unex- pectedly this afternoon. He had been suffering from a severe cold. Heart failure is believed to have been the immediate cause of death. (Continued from page 1) for an immediate trial in the event de- lays are encountered in prosecution of the Government's anti-trust action against Ascap and other music li- censing groups which would defer trial of the Federal action to any length. If, however, a speedy trial of the Gov- ernment's action can be obtained, in- dications are that the broadcasters' suit may be permitted to rest and re- vived only in the event of the Gov- ernment losing its action. Ascap apparently gained a point by the opinion handed down yester- day by Judge Mack, who held that E. C. Mills, Ascap's general manager, could file personal objections to an- swering certain questions contained in the broadcasters' interrogatory. Judge Mack's ruling was made on the grounds that if the questions objected to by Ascap were relevant to proving a monopoly against it, Ascap would be incriminating itself by answering them. Judge Mack held that in this respect the privilege of any witness, "which is not to answer questions which may incriminate him," should be extended to Mills. Objects to Divulging Receipts The questions objected to by Ascap relate to the number of licenses it has issued and the gross receipts from them for a period of years up to 1933. "If these are relevant to proof of a monopoly," Judge Mack's opinion states, "they are also relevant as tend- ing to show a crime and, therefore, are incriminating." His ruling also applies to questions seeking the names of all licensees holding "operators' broadcasting li- censes" and the income received from them; the gross payments made by Ascap to its members from 1917 to 1933 ; the number of U. S. and foreign copyrighted musical compositions the public performance rights to which are held by Ascap, and the American copyrights acquired by Ascap during 1933. Judge Mack also sustained Ascap's objections to answering plain- tiff's questions relating to salaries or compensations paid to its president, secretary and general manager from 1927 to 1933, and to questions as to its operating expenses and attorney's fees paid during the same period, on the grounds that the questions were immaterial. Gene Buck, president of Ascap; Louis Bernstein and Jerome Kern are defendants in the action in addition to Mills. Awarded $75,000 in Fox Leasehold Suit Boston, Dec. 21. — A jury in Mid- dlesex Superior Civil Court today re- turned a judgment of $75,000 in the suit brought by David Stoneman, Boston attorney, against Fox Film Corp. over commissions alleged due on leaseholds he secured for two Fox playhouses, subsidiaries of the picture company, which could not complete the deals because of bankruptcy. Stoneman was out of town today. At the Fox exchange the only state- ment was : "The suit is settled as far as we here are concerned." MOTION PICTURE DAILY MOTION PICTURE DAILY* HOLLYWOOD PREVIEW " The Night Is Young" (M-G-M) Hollywood, Dec. 21. — Laid in a mythical locale, perhaps near Vienna or Berlin. With a familiar plot with the framework of an archduke (Ramon Novarro) that-away about a ballet dancer (Evelyn Laye) but prohibited from marrying her by the previous selection of his mate by his royal uncle, who looks like the late Franz Joseph, an operetta has been evolved under Dudley Murphy's direction that conveys a Conti- nental flavor. Una Merkel, Edward Everett Horton, Charles Butterworth, Charles Judels and Herman Bing are humorous delights in their respective comedy roles, but the script takes meager advantage of their splendid talents. • Vicki Baum wrote the story with the screen play by Edgar Allan Woolf and Franz Schulz. Oscar Hammerstein, 2nd, wrote the libretto and Sigmund Romberg the music. The production is heavy with so-called pomp, clank and uniforms, larded over with Teutonic cliches of yesteryear. Novarro and Miss Laye sing together while romancing. The music is technically good, but tunes for the masses to whistle are missing. Murphy, known for un- usual direction, here uses the usual technique. James Wong Howe, one of Hollywood's ace cameramen, photographed well. Where Novarro draws this may attract, but it will require energetic resourcefulness to lift it above the average. No code seal. Running time, 83 minutes. "G." "White Lies" (Columbia) Hollywood, Dec. 21. — Dealing with a newspaper editor whose nose for news dominates his finer senses, this one proves sufficiently enter- taining. The story rambles in spots. However, good cast performances lift the film perceptibly. Walter Connolly is excellent as the hard-boiled editor who makes Victor Jory a police chief to please Fay Wray, his daughter. At the same time Connolly publicizes the thievery of Leslie Fenton, who is doing his best to make good his former mistakes. The climax features the murder of Miss Wray's friend by the accused Fenton and the subsequent arrest of Miss Wray as the murderer. Jory, in his role as police chief, feels obligated to prosecute Fay. He winds up, however, by marrying the girl. Harold Shumate has turned in a creditable script. Leo Bulgakov displayed keen intelligence in the direction. Fenton, Connolly, Fay Wray, and Irene Hervey, as Fenton's girl friend, turn in top notch per- formances. Benjamin Kline's photography is good. This is average entertainment, but will need shrewd exploitation for box-office results. Production Code Seal No. 555. Running time, 74 minutes. "G." "Million Dollar Baby" (Monogram) Hollywood, Dec. 21. — Based on a clever idea, this comedy affords much opportunity for smart showmanship. Given a popular, topical premise, the yarn tells of the discovery of another Shirley Temple. Ham and Egg Trouper Ray Walker and Arline Judge, disguising their son as a girl much to the kid's embarrassment, win the contest. Sneak- ing off the train during his triumphant trip to Hollywood, the youngster falls in with a tramp, later to become involved with a bunch of gangsters. Believed kidnaped, the yarn builds flamboyant excitement to be climaxed by a thrill chase and denouement revealing the pseudo Shirley as a boy. Performances are uniformly good with Walker, as the father, and George Stone, a publicity accelerator, outstanding. Concentrating on comedy, the dramatic contrast in the closing sequences makes for un- usual suspense. The triangle of romantic conflict between Miss Judge, Walker and Jeannette Loff is secondary. Joseph Stanley is credited with the original story and direction with cooperation on the screen play by John Krafft. The picture apparently has a hokum quality that should click in neighborhoods and smaller houses and prove more than satisfactory to youngsters. Previewed with- out production code seal. Running time, 65 minutes. "G." 4 Fines Imposed for Use of Three Films (Continued from page 1) TJ. S. District Judge Murray Hulbert, according to the Hays office. The defendant was Dion Hoffarth of Yon- kers. The plaintiffs on the Harold Lloyd picture were the Harold Lloyd Corp. and Paramount Picture Distributing Corp. The plaintiffs on the two Van Beuren shorts were Pathe Exchange, Inc. ; the Van Beuren Corp. and RKO-Pathe Distributing Corp. Ga- briel L. Hess was attorney for the plaintiffs. The testimony showed that the Copyright Protection Bureau discov- ered the Lloyd film being shown in Maine under the title "Hollywood Bound." Providence Hit by Free Radio Program (Continued from page 1) a free radio "amateur night" each Sat- urday at the Metropolitan, sponsored by Bamby bread. Last Saturday's show drew around 2,000 patrons. These "amateur nights" are a real menace to theatre men, they contend. The radio sponsors pay for the air, a band and then offer small cash prizes for the appearance of between 20 and 40 "entertainers." Seattle First Runs Drop Double Bills (Continued from pane 1) several months of duals. This house will play extended runs from Ham- rick's Music Hall, and will also book first runs when extended runs are not available. Last to abandon duals will be the Paramount, which started them six weeks ago with vaudeville in addition. Christmas week will see the end of double features there. Trans-Lux Officers Hold Their Control (Continued from page 1) of the Albee estate, were elected to the company's board of directors at the meeting. It had been previously revealed at the first half of the meeting, which was held Wednesday, that the com- pany earned a net profit of $168,985 for the 10 months ended Oct. 31, suf- ficient to warrant another 10 cents dividend, bringing total payments for this year to 20 cents. Arthur C. Melvin Hurt Baltimore, Dec. 21. — Arthur C. Melvin, Fox salesman for many years here, is in a hospital suffering from a fracture of the left arm, broken ribs and possible internal injuries which he received when he was struck by an automobile while crossing North Avenue near Druid Hill Ave- nue last night. He is in a serious condition. Haveth E. Mau Injured Cincinnati, Dec. 21. — Haveth E. Mau, receiver for the Shubert and Cox here, under whose supervision the houses are operating, suffered a broken collar bone and other injuries when his automobile struck a tele- phone pole. His condition is not serious Flash Review The Prescott Kid — .... as rip- roaring a western as the star (Tim McCoy) has ever appeared in. . . . This film will be reviewed in full in a later issue of Motion Picture Daily. Saturday, December 22, 1934 Short Subjects "Pathe News" (Radio) Pathe News editors have here com- piled an interesting record of excit- ing news events during 1934. The fields of sports, politics, crime, avia- tion and industry are covered. The reel opens dramatically with flashes of the havoc caused by war, cold, droughts, floods and fire. It then reviews with brief scenes, but effective in their brevity, Dillinger, Hauptmann, riots, strikes, European monarchs and dictators, Russia, flights over the Pacific and other interesting developments in aviation, Max Baer training for his fight with Camera, the streamlined train and so on into the new developments of the NRA. Running time, 10 mins. "Don Quixote** (Celebrity) This is a burlesque of Cervante's immortal story. Audiences anywhere should find a great deal of entertain- ment here for the story is funny, the musical accompaniment good and the coloring extremely striking. An inmate of an insane asylum reads the story of a knight of olden times and imagines that he himself is Don Quixote. He escapes from his cell and goes forth to battle a wind- mill, to come out second in the en- counter. He then strives -to rescue what he feels is a maid in distress only to have her turn out to be an ugly old maid. As a result of this encounter he is glad to return to the asylum. Reviewed without Produc- tion Code Seal. Running time, 8 mins. "G." " Henry* s Social Splash** ( Universal) Henry Armetta makes this short, a Warren Doane production, one of the funniest comedies Universal has released in a long time. When his wife and daughter wheedle him into going to Newport for a fling at society life, Henry finds himself in strange waters. The formalities of society irk him. In the end he busts and vents his anger on everyone in sight. Other players are Elaine Baker, Sylvia Picker, Franklyn Pangborn, Lucien Prival and Fred Kelsey. Code seal No. 368. Running time, 21^4 mins. "The Whole Show** ( U niversal) James Barton has an opportunity to display his various talents in this short, which is nothing more than vaudeville. The performer gives a good account of himself. The film is a melange of song, dance and humor. On the program with Barton are Gladys and Will Ahearn, the Arkansas Travelers, Kathryn Penman, John Barton and the dance team of Beverly & Revel. This has much to recom- mend it. Code seal No. 0220. Run- ning time, 20 mins. Court Weighs Photo Suit Boston, Dec. 21. — Municipal Court Judge Charles L. Carr has taken under advisement the $50,000 suit brought against the Park Entertain- ment Corp. by Fofo Lauk of New York, who alleges the unauthorized use of her photograph in a lobby dis- play at the Park, operated by the com- pany. The Leading Iiew^De?j\ Motion^ Picture Industry MOTION PICTURE DAILY Alert, Intelligent the I in All Branches VOL. 36. NO. 148 NEW YORK, MONDAY, DECEMBER 24, 1934 SEC Calls for Bonus, Salary Payment Facts All Sums Over $20,000 To Be Required Washington, Dec. 23. — Under the :erms of the new regulations requir- ing filing of corporation data with the Securities Exchange Commission, salaries, bonuses and security holdings if higher salaried executives must be Tiade available for the commission's study. All officers and directors receiving &ver $20,000 in the last fiscal year A'ill come under this regulation. Profit-sharing plans are included in |he reports. In addition, all officers and directors receiving $30,000 or over must be identified in the reports. In addition, the same information kvill be required for all persons re- reiving more than $20,000, paid di- rectly or indirectly, whether or not they are officers or directors of a corporation, excluding those acting (Continued on page 4) 'Devil Dogs" to Be Warner-Cosmo Start Hollywood, Dec. 23. — "Devil Dogs kf the Air,'' co-starring James Cag- |aey and Pat O'Brien, with Margaret tiadsay in the leading feminine role. ias been picked for the first Cosmo- politan picture to be released by War- ;iers under the new affiliation between llie two companies. National release ,ias been set for Feb. 9. The decision was made during the , ecent conferences here between Harry ;»!., Jack L. and Albert Warner ; Hal Wallis, Warner production execu- tive; A. W. Smith, Jr., eastern and ■Canadian sales manager, and E. B. .-latrick, vice-president of Cosmopoli- tan. Studio and distribution executives .egard the picture as best adapted to Hearst exploitation possibilities. Reisman Likes New RKO Setup Abroad Expressing himself as completely atisfied with the new executive man- agement setup recently adopted for ladio Pictures. Ltd., Phil Reisman, ead of Radio's foreign distribution, *?turned Saturday from conferences i London. Reisman predicted marked progress or the RKO British subsidiary under ie new management board composed E E. D. Leishman, chairman, Ralph [anbury, general manager ; Frank illey and C. Dawson. TEN CENTS Production Cut Predicted; Films 9 Appeal Seen Wider By NED E. DEPINET President, RKO Dist. Corp. In 1934, for the first time in years, producers made a thorough inventory of the industry. The stock- taking showed them remark- able things. They found a truly remark- able advance in the public taste. They saw mo- ^r ^Jm^ t'on pictures ~ , i winning thou- Bk £i$W »amU of new tv-v iViends with in- Wttf: ' t.-lliment, enter- ^^■^ taining screen versions of lit- erary treasures and of stories and (Continued on page 4) By JOSEPH M. SCHENCK President, United Artists The year 1935 will be significant for bringing the producer and public into closer fo- cus of viewpoint. We enter the New Year with a knowledge of what the public demands grow- ing continually more definite and clear. And with that knowl- edge, the indus- try moves to shape its course. The producers realize that it will be necessary for them as indi- viduals to make fewer pictures. That, (Continued on page 4) England Gets Restive Over Free Showings By BRUCE ALLAN Loxdox, Dec. 23. ■ — Exhibitors throughout Great Britain have been asked to send to the general secretary of the C. E. A. details of the "free show" evil as it affects their districts. The intention is to accumulate evi- dence for presentation to the Board of Trade with a request for special regu- lation of these shows. Assertion is made that safety regu- lations are disregarded at exhibitions held for advertising and other pur- poses, and also that the obligation to show a percentage of British films does not apply to "free" shows. Exhibitions of this type are fre- quently held in halls not licensed under the Cinematograph Act. ♦ 4s ♦ The fall in the profits of the Asso- ciated Provincial Picture Houses was ascribed to the competition of new (Continued on page 4) Custom Rebates on Film Set in Canada Toronto, Dec. 23. — The Canadian Department of Customs has made a ruling with regard to the importation of film subjects from British studios whereby the Canadian importer is now (Continued on page 2) Suit Impends In St. Louis On F.N. Film St. Louis, Dec. 23. — That a suit impends over first run rights to First National pictures was made evident here last week during a bankruptcy hearing of Skouras Brothers Enter- prises, Inc., before Referee Hope. During the course of testimony by Clarence M. Turley, manager of the Ambassador and Missouri theatre buildings for the bondholders' com- mittee which bought them at fore- closure, it developed that a 23-year contract for First National product had been cancelled in 1932 by Skouras Super Theatres Co. Half the stock of Skouras Super Theatres was owned by Skouras Brothers Enterprises and half by Paramount Publix. The suit, if brought, will be based on the ground that the First National franchise was part of the assets cov- ered by a Central Properties mort- gage. This was transferred to (Continued on page 4) New Tax Hits Funds Sent Out of Mexico By JAMES LOCKHART Mexico City, Dec. 23. — Distributors and others who are obliged to send money abroad for the payment of any- thing but merchandise are now sad- (Cantinued on page 2) Make Further Moves to Join Local Unions Revised Pay Scales Also Discussed at Confabs The Greater New York projection- ists' unions wall come under an organi- zation having a new name if current efforts to consolidate Local 306, Allied and the Empire State unit are success- ful, it was learned Saturday after con- ferences of union offiicials, theatre representatives and Compliance Direc- tor Sol A. Rosenblatt at Code Author- ity headquarters. Conferences on merging the unions and thus bringing about a cessation of picketing, as well as to agree on a revised booth w^age scale for Greater New York, continued over the week- end. Suggestions were considered for basing the wage scale on a point sys- tem to be determined by capacity, run and admission price. _ Attending the meeting in addi- tion to Rosenblatt were Charles L. O'Reilly, Harry Brandt, C. C. Mos- kowitz, Marvin Schenck, George Browne and Leslie E. Thompson. Omaha Houses Stop Ads in Rate Fight Omaha, Dec. 23. — Twenty subur- ban houses and one downtown split first and second run house, the Town, have withdrawn their advertising from the Omaha Bee-News, Hearst news- paper. _ It is understood a squabble over failure to secure reduced ad rates brought the suburban managers to the decision to withdraw. The Muse, managed by August Hermann, is the lone suburban to stick with the Bee-News and as a conse- quence it is getting unprecedented pub- licity play from the newspaper. The boycott started quietly over two weeks ago. Joseph Engel Joins Fox as a Producer Hollywood, Dec. 23. — Joseph Engel, a veteran in production and for years with the old Metro company, has been made an associate producer at Fox His first will be "Ten Dollar Raise," which Lew Seiler will direct. No Paper Tomorrow Motion Picture Daily will not publish on Christmas Day, Tuesday, Dec. 25. ! MOTION PICTURE DAILY Monday, December 24, 1934 MOTION PICTURE DAILY (Registered U. S. Patent Office) Vol. 36 December 24, 1934 No. 148 Martin Quigley Editor-in-Chief and Publisher MAURICE KANN Editor JAMES A. CRON Advertising Manager Published daily except Sunday and holi- days by Motion Picture Daily, Inc., sub- sidiary of Quigley Publications, Inc., Martin Quigley, President; Colvin Brown, Vice-President and Treasurer. Publication Office: 1790 Broadway, New York. Telephone Circle 7-3100. Cable ad- dress "Quigpubco, New York." All con- tents copyrighted 1934 by Motion Picture Daily, Inc. Address all correspondence to the New York Office. Other Quigley pub- lications: MOTION PICTURE HERALD, BETTER THEATRES, THE MOTION PICTURE ALMANAC and THE CHI- CAGOAN. Hollywood Bureau: Postal Union Lite Building, Vine and Yucca Streets, Victor M. Shapiro, Manager; Chicago Bureau: 407 South Dearborn Street, Edwin S. Clif- ford, Manager; London Bureau: Remo House, 310 Regent St., London, W. 1, Bruce Allan, Representative. Cable address: "Quigpubco, London"; Berlin Bureau: Berlin - Tempelhof , Kaiserin - Augustastrasse 28, Joachim K. Rutenberg, Representative; Paris Bureau: 19, Rue de la Cour-des- Noues, Pierre Autre, Representative; Rome Bureau: Viale Gorizia, Vittorio Malpassuti, Representative; Sydney Bureau: 102 Sus- sex Street, Cliff Holt, Representative; Mex- ico City Bureau: Apartado 269, James Lockhart, Representative; Glasgow Bureau: 86 Dundrennan Road, G. Holmes, Repre- sentative; Budapest Bureau: 3, Kaplar-u, Budapest, II, Endre Hevesi, Representa- tive; Moscow Bureau: Civtzev Vrazhek, N. 25, Apart. 146, Moscow, U. S. S. R., Bella Kashin, Representative. Cable ad- dress: "Samrod, Moscow." Entered as second class matter, January 4, 1926, at the Post Office at New York City, N. Y., under Act of March 3, 1879. Subscription rates per year: $6 in the Americas, except Canada $15 and foreign $12. Single copies: 10 cents. Custom Rebates on Film Set in Canada {Continued from page 1) able to secure a refund of duty on re- leases which are not retained for dis- tribution in the Dominion. The Gov- ernment requires the payment of full duty on all film shipments from any foreign source, but the concession of a refund has been granted in the case of prints from the United Kingdom which are returned without public presentation. The two large importers of British films are Regal Films, Ltd., and Em- pire Films, Ltd., both of Toronto. They have followed the practice of having new pictures previewed by rep- resentatives in London, and those con- sidered unsuitable for Canadian con- sumption have been rejected on the spot. Even under this plan, some fea- tures have been sent back after in- spection in Canada and the distributor has been out the amount of the duty, plus shipping charges. Ohio Tax Starts Jan. 1 Columbus, Dec. 23. — Although col- lection of the retail sales tax will not start until Jan. 10 to 15, the three percent on gross theatre admis- sions is to be computed from Jan. 1. Exhibitors are to make remittance for the tax on or before the 10th of the month following the 30 days in which the admissions are paid. Insiders' Outlook ANY time Dave Selznick tires of production, a discriminat- ing employer could do worse than take him on as a first-class propa- gandist, sometimes known as a public relations counsel. For Dave, facing expiration of his M-G-M contract in February, has turned in a swell job for himself and his cause. Those stories, planted around, about (1) a tie- up with "Jock" Whitney and Pioneer (Technicolor) Pictures and (2) a memorial company perpetuating the name of Lewis J. Selznick, have worked out emi- nently well. Which is another way of saying Leo will renew with Dave at the same, or a big- ger, fancy weekly stipend. It's $4,000 now, you know. . . . T A fact or so about John Boet- tiger, a new assistant to Will Hays. Long a Chicago Tribune ace and for the last two years, the fellow who has been whipping his paper's editorial excitement against the New Deal into lead- ing questions for the President to answer or no at those famous White House press conferences twice a week. Yet by way of noting how these matters often go and according to Westbrook Pegler, Boettiger and the President are close friends out of the political arena. Boettiger also is the chap whose name has been linked ro- mantically with Anna Dall, Roosevelt's daughter. Some Washington correspondents have wired their papers the engage- ment leading to a wedding is approaching. A President's son- in-law in the Hays office would be something new. . . . T Perhaps getting ready early for his Christmas, a make-up man succeeded in misplacing a para- graph in this department last Wednesday with results mislead- ing and somewhat embarrassing. The inadvertent prank made it appear that the Paramount stock- holders' committee, which is championing the appointment of more company and industry men to the board of the new com- pany, is taking that position be- cause, to quote from the wander- ing paragraph : "A heavy repre- sentation of company men (on the board), they contend, would make of it a 'rubber stamp' body, inclined to give unquestioning approval to anything bearing an executive recommendation." . . . T Had that paragraph appeared in its correct place in line, it would have explained, as was intended, the objections of the creditor factions opposed to the election of company men to the board. These factions hold that the specialized advice of company executives will be available to the new board, whether or not those executives are members of that body. It is those groups frown- ing on the election of company men who entertain the apprehen- sion that a board of company executives might become a "rub- ber stamp" group, which, they feel, thus might give approval to policies which led Paramount into financial difficulties in the past. . . . ▼ The view of the stockholders' committee, like that of most others within the industry, is that a board top-heavy with bankers and economists strange to the ways of filmdom, is more likely to stumble into pitfalls which ordi- narily would be sidestepped by a board of industry executives, fa- miliar with the paths that must be traveled. The danger from the uninformed, this committee holds, is more immediate than that from company "cliques." In the mean- time, as is its habit, time moves on and December 27, as important a M-G-M Pfd. New High on Big Board High Columbia Pictures, vtc 37/ Consolidated Film Industries 6J/£ Consolidated Film Industries, pfd 20/ Eastman Kodak 111/ Fox Film "A" 12$i Loew's, Inc : 34/ Loew's, Inc., pfd 104 M-G-M, pfd 28/ Paramount Publix. cts 3J-6 Pa the Exchange 1/ Pathe Exchange "A" 13/ RKO 21i showing always f'rsi i Second (more it o\ '\ tisements in the loc « tures shown at the \ elude the name of shorts that go wit F. K. 1312 Ei- Duluth, Sirs: MARCH OF TIME at Str" tre, Niagara Falls, N. Y. *Z J. S. M. 1 Niagara Falls," r^jr^sVT: nge St. to your request as to ould appreciate seeing ME on the screen, I say ; that it would enhance e greatly, knowing and program on the radio as it broaden into larger fields do no Sirs: Having had the pleasure of seeing o of your MARCH OF TIME reek your Time and Fortune Building at tj Fair late this summer, I am glad to that you are going to make them a pu manent thing. I would suggest the Cir ma Theatre at 151 East Chicago Aven as a good spot to show them to a gr<; number of TIME readers. Also t ~>earborn Theatre at 40 West Divki t^et. These two movie houses are ve * >iar with the class of persons w gte Time and Fortune, and w ainly welcome the opportuni ur newsreels so close to horr ou the greatest of success nture, I am, C. H. M. 58 East Washington St. Chicago, 111. cept your invitation in connection with yo \ — the showing of t lTIME in theatres. 1 a city of approximate ants. It has six pictu fc Hamilton, Grand, Ca fulton, Strand. The fii ' Id are Warner Brothc Ither three are indepe ind operated. I would like to see t ' TF TIME exhibited in one pendent houses, preferably t Q. This theatre is located on t corner of our city and it seet W the most popular. My secoi Pfce would be the Fulton. Here is hoping the MARCH C. TIME will be as great a success theatres as it always was on the rad and that I may have a chance of seei: and hearing it in Lancaster shortly aft the first of the year. With best wishes, I am, A. 0. R. 206 No. Queen Street Lancaster, Pa. Sirs: I have just finished listening to t best radio program, THE MARCH C TIME and am writing immediately i garding the new movie. I am lookii forward to seeing the same and hope \ can enjoy it for a long, long time. Long life to TIME M. G. \ 284 Union Avenue Irvington, N. J. r the first time in many weeks I w; enough to hear the MARC E Friday night last, which ; ought very good indeed. Du program your announcer met the inauguration of a new tyi na program. I also saw notice < "t you will do all possible t ■"vsreels are released t -'tre or its affil '"-n I say th? luccess wi io M. LAS.] 6 Corne%i| SchenectaV ! I have read with interest your adver- sement regarding the MARCH OF IME and would like very much to have lis shown at the Pickwick Theatre in reenwich, Connecticut. S. W. M. Jr. Dublin Road Greenwich, Conn. For the motion pictures I prefer — Allston Theatre, Brighton Ave.. Allston, Mass. For second choice Capitol Ave., Sirs: I am elated at your announcement of the new news cinema feature "The March of Time." I append a list of greater Boston movie houses to which I have sent the following letter: "THE MARCH OF TIME, the new news movie, is available in January. "I shall want to see it and shall recommend it to my household (5), to my office staff (25) , to my friends (hundreds), and to my clients (more hundreds). "I shall recoj Sirs: With reference to the announcement in THE MARCH OF TIME broadcast December 7 and in TIME December 10. relative to your new type of newsreel: If this is as good as TIME and THE MARCH OF TIME, I certainly want to see it and I shall be greatly disappointed if it doesn't find exhibition in Canada. Let's have it up here. The Capitol Theatre at Regina, Sask., is the place. H. H. K. 32 Kenora, Apts. Regina, Sask. I am extremely' ea of showing tl hope the theatr^ id I attend will teatres are Loew'j id the Strand Tht*rt!«, ol Because the future is a p^^B^^JTTne -esent, and the present is a product of le past, I am sure that your new ven- ire will be highly successful. J. A. Lawrence Academy Groton, Mass. I am thrilled by your announcement your new THE MARCH OF TIME id hope it will be shown in the Palm wrings Theatre. ,rs \NH/tf ^te having the motion iRCH OF TIME \ne Theatre in Albu- rn. This is our best J. H. B. Palm Springs, Calif. TIME reader and 16 mm. movie en- usiast that I am, will answer your ggestions at once: I would like to see the Black Hills nusement Company, which has a chain theatres in all important Black Hills >wns of Western South Dakota, be long the first theatres to show your w MARCH OF TIME newsreel. leir main office is Rapid City, S. D. R. S. B. 812 First Street, So. Belle Fourche, S. D. Through P. T. A. I am a little in touch th the discouraging feeling of parents regard to movies for children and uth. There is so very little that is table, so I am sure I voice the senti- (nt of many parents when I say a arty welcome to your venture. It will wholesome, instructive and fascinat- ;. Many thanks. In Rochester, per- ps, Loew's, R. K. O. Palace, or ntury would be the favored. E. A. 11 Reservoir Avenue Rochester, N. Y. H Upto A vi Warn linj Univi Cai R.K.< St Parar St. Metn St. M & Sqi Loew Pla| Fine ton Fenw Avi Exet€ Bo Capit Avi Sirs: I see my plac it "Sell May nearby T HE public has definitely approved of Time's announcement of a new kind of a motion picture. Read these letters from all over the country. All talking about THE MARCH OF TIME and its coming debut on the screen. Cash cus- tomers of thousands of theaters asking that this new series of pictures be shown in their favorite theater. It's never happened before in the his- tory of the motion picture industry. But it's no accident. The producers of the March of Time (twenty minutes long and re- leased once a month) are not guessing at public appeal. Into the MARCH OF TIME on the screen goes the same ideas, resources and suc- cessful presentation that have made Time & Fortune Magazines and the March of Time on the radio, the greatest box office successes in their fields. By the time this advertisement appears hun- dreds of exhibitors will have heard directly from patrons of their houses. Positive proof that the public wants the MARCH OF TIME on the screen. Bring this ready made audience to YOUR theater. Released Through FIRST DIVISION The New Major HARRY A, THOMAS, PRES. e news as pic- nation, ve real t them : all we arades, is, and :h OF lews, ighbor- nk the e form s is the Ige, lo- te Har- burban ewsreel >rt sub- d intel- ;atre in ?atre of it been but it ent au- ms are )ften of rowing, le like). TIME tm, /enue .ss. pyTJ ijt run dti Louisville, Ky. Sirs: I have just looked over my TIME, and noticed your announcement of your new venture; namely, your future pic- torial MARCH OF TIME. I would like to see it at the Olympia Theatre, New Bedford's leading theatre. A. R. 58 Spruce Street New Bedford, Mass. COPY Montgomery Hill City Dear Gum: Last night in listening to MARCH OF TIME on radio, they announced that they would have for distribution in January, MARCH OF TIME pictures. As their magazine and radio broadcasts have been so interesting, I hope you will secure these pictures for Greensboro. J. R. 0. Greensboro, N. C. Sirs: Regarding your new "Venture" as an- nounced in this week's TIME, am pleased to recommend the "Paramount" at this point as the leading Motion Picture theatre and the place selected to exhibit the "New March of Time." G. G. Idaho Falls. Idaho Sirs: "The March of Time" As one who has thoroughly enjoyed "The March of Time" on the air, I look forward to next month, when the same program is to be tried out on the screen in the local picture houses. It is the hope of my wife and me that Poli's, Franklin Square, Worcester, will obtain this release. We shall be glad indeed to do what we can to interest our friends in your new venture, which we wish the best of success. F. J. C. 17 Huntington Avenue Worcester, Mass. Copy of the following letter attached: Poli's Franklin Square Worcester, Mass. Attention of the Manager Gentlemen: As fairly regular patrons of your theatre, my wife and I are hopeful that the news reel, THE MARCH OF TIME, which is to be released by TIME, Incorporated, for show- ing during January, can be obtained and shown at your house. TIME'S radio program has ap- pealed to us and to our friends as one of the best on the air, and it seems to us that they would turn out a very interesting picture. We are going to see this new re- lease wherever it is shown in this vicinity, and we sincerely hope it will be possible to view it at your theatre. Sirs: I would like to have the MARCH OF TIME shown at the Fox Theatre or the Opera House in Tucson, Arizona. I am looking forward to seeing your intelli- gent and interesting presentation. J. L. T. Tucson, Ariz. "On Needles and Pins" Sirs: You suggest (TIME, December 3) that subscribers should write in and tell you what cities they would like to have THE MARCH OF TIME exhibited. I agree with this and suggest for my part this city, Pocatello, Idaho. If the par- ticular theatre would be of any assist- ance to you, the name is "Orpheum Theatre" or one of the "Fox Theatres" located here. Waiting "on needles and pins" to see what new thing TIME has to offer, I remain, D. P. Pocatello, Idaho EVEN BEFORE RELEASE MOUSANDS ARE DEMANDING IT THIS IS A GOOD TIME TO CHECK UP ON HEARST MET ROTO NE NEWSREEL! ON October 2nd M-G-M gave you the FIRST issue of the NEW Hearst-Metro tone NEWSREEL with EDWIN C. Hill as THE Globe Trotter . . . WEEK after week WITH a consistency THAT amazed ALL competitors WE presented the MOST complete NEWSREEL entertainment ON the market OUR promise has been kept — WE go on to the New Year HAPPY in your praise and confidence. CAN we keep it up? next page! Edwin C. Hill. He made good AND THE CLIMAX OF A YEAR OF ACHIEVEMENT! 23 HISTORY-MAKING NEWS EVENTS IN ONE ISSUE! Read the synopsis below of the most amazing issue of any newsreel in film history I EDWIN C. HILL tfkvkwA. THE NEWS PARADE OF 1934! Special edition of Hearst Metrotone News presents a spectacular panorama of the his- tory-making events, outstanding thrills and highlights of the year! EUROPE'S TRAGIC YEAR Albert of Belgium heads 1934's toll of rulers called by death — His son takes the throne. Chancellor Dollfuss victim of assassins amid tumultuous scenes in Austria. Turmoil in Paris arouses populace and unseats Cabinet ministers. President Von Hindenburg passes. King Alexander, of Jugoslavia, assassinated as mob battles with slayers in memorable films. Pope Pius, undismayed by world unrest, spreads gospel of peace; proclaims New Holy Year. HISTORY-MAKING FLIGHTS Scott and Black win 12,000-mile London to Melbourne race — New records mark progress of aviation. OUTSTANDING DISASTERS Record drought turns Mid-west into a Sahara — 10,000,000 cattle suffer. Chicago stockyards destroyed in worst fire since 1871. India earthquake kills 15,000 and does $40,000,000 Fire and storm wreck Japan's industrial centres — Thousands die. IJner Monro Castle burns in 1934's most appalling sea horror. THE WAR ON CRIME Lindbergh baby kidnapping sensation! Arrest of Bruno Hauptmann is startling climax to two-year hunt. June Robles abduction has happy ending. Child is returned after 19 days in desert tomb. John Dillinger, Public Enemy No. 1, trapped at last and killed by Federal agents. Al Capone, Machine Gun Kelly and forty others go to Alcatraz, America's Devil's Island. Baby Face Nelson, Dillinger aide, killed in Govern- ment's relentless hunt. STRIKE EPIDEMIC PASSES Great textile strike hits 13 states. Terror grips New England towns. General strike paralyzes San Francisco. Rioters bombed with tear gas by police. A YEAR OF SPEED AND THRILLS New streamlined express makes coast-to-coast in 57 hours. Sea and land planes set new records. Fatal crashes mark speed attempts. Russia thrills world with biggest mass parachute jump ever made. Cavalcade's great victory in the Kentucky Derby. The thrilling Indianapolis auto race. AMERICA MARCHES ON! Franklin Roosevelt first President to visit Hawaii. Reviews mightiest navy spectacle since war time. New Deal spurs industry. Nation marches on with President! Vol. VI, No. 226 THE NEW AND GREATER HEARST METROTONE NEWS MOTION PICTURE DAILY Wednesday, December 26, 1934 Allied Owners Taking Stand on Para. Plan {Continued from page 1) factions to make the decision on op- posing the Paramount plan. A stand in opposition to the plan was urged by Archibald Palmer, attorney for Allied bondholders, at the hearing be- fore Lewis on the grounds that it is detrimental to Allied in three respects. These, according to Palmer, are the general provisions for reorganization of Paramount Broadway, holding company for the Paramount Bldg. and theatre; the payment of $5,000,000 cash as part of the settlement of Par- amount's $13,200,000 bank debt, and the makeup of the board of directors of the new Paramount company which, Palmer said, is dominated by banking interests and lacks necessary repre- sentation of men with industry experi- ence Palmer declared that, regardless of the decision of Allied Owners' trus- tees on appearing in opposition to the Paramount plan, he, himself, would oppose it tomorrow as a representative of Allied bondholders. Allied filed a claim of $23,000,000 against Paramount in the reorganiza- tion proceedings for claims arising out of the construction of a number of theatres for Paramount. A settlement of the claim was agreed upon with the Allied trustees and incorporated in the Paramount reorganization plan. The settlement provides for the issu- ance to Allied of new Paramount se- curities for a claim of $5,000,000; the payment of $150,000 in cash ; purchase of the Alabama at Birmingham, Ala., and leasing of the Paramount theatres at Brooklvn, Fremont, O., and Glens Falls, N. Y. Report Richardson Quits as a Trustee (Continued from page 1) lix, effective Saturday. Richardson, out of town for the holidays, could not be reached for comment on the re- port. His name has been linked re- cently, however, in reorganization circles with a post on the directorate of the new company with possible lat- er election as vice-president. His election to any post in the new com- pany would necessarily require his prior resignation as trustee. Reorganization groups conferred on Monday on the selection of new mem- bers of the Paramount board and will reconvene today in the hope of agree- ing on a minimum of three and a max- imum of five new directors in advance of the Federal court hearing on the Paramount reorganization plan tomor- row. Para. Studio Lease Plan Before Joyce A proposal for leasing of the As- toria studio, laboratory and film de- pot to Paramount News for a term of years ending July 1, 1941, at an annual rental of $133,000 was submitted to Special Master John E. Joyce by counsel for the Paramount Publix trustees on Monday. The proposal includes a plan of reorganization for a $930,000 mortgage bond issue, de- faulted a year ago by Seneca Holding Corp., Paramount subsidiary having title to the studio property. Also presented to Joyce on Monday was a proposal for acquisition of the assets of the bankrupt Tennessee En- terprises, Paramount subsidiary, by MOTION PICTURE DAILY* HOLLYWOOD PREVIEW 'Lives of a Bengal Lancer" (Paramount) Hollywood, Dec. 25. — Today, years after it was conceived for film- ing and after repeated wooings and shelvings, the Paramount Mountain labored in earnest and gave forth a production not only worthy of that studio, but of the industry itself. Here is flavorous, human entertainment gallantly and glamorously told, fashioned of British frontier courage and spanning the elements of laughter, spectacle, melodrama, beauty and tender heart interest. As replacements to the Bengal Lancers in India, assigned to Captain Garj' Cooper, come Franchot Tone, experienced lieutenant, and Richard Cromwell, fresh from Sandhurst, England's West Point. The situation of Cromwell as the son of Sir Guy Standing, colonel in command, but with no favors asked, flings Cooper, Tone and Cromwell together in a soldierly comaraderie, a relationship fraught with rare feeling and high comedy. Resentful of his father's sternness, Cromwell, after a period of drink- ing, at a reception to the Emir and Mahommed Khan, gets enmeshed with Tania, an informer, and is taken prisoner with Cooper and Tone disguised as merchants following into the jaws of Khyber. Held captive in a dungeon with the colonel's ammunition train hijacked and the native garrison ready to attack the oncoming lancers, Cooper, Tone and Cromwell perform feats of valor mounting in their sheer ex- citement and thrill to a magnificent emotional climax. Cooper has had few roles to equal this for sympathy and histrionic opportunity. Tone is versatile and combines acting prowess with virility. Cromwell main- tains his footing in fast company. Sir Guy Standing is superb as the commanding colonel upholding the tradition of the service and great, too, is C. Aubrey Smith. An excellent cast supports, including Monte Blue. Kathleen Burke, Douglas Dumbrille, Lumsden Hare and others. Henry Hathaway's outstanding direction is evident all the way in the tempo of human moods and the handling of people. The photographv by Charles Lang is exceptionally fine. With Cooper's draw, the production's entertainment power and ex- ploitation possibilities, it's a big attraction destined for big money in America, and in the British Empire it should be sensational. Produc- tion Code Seal, No. 474. Running time. 100 minutes. "G." the Tivoli, Chattanooga, another Par- amount subsidiary. Both proposals were taken under advisement by Joyce who will make his recommendations on them to the Federal district court here later. M. P. Club Employes Get Christmas Bonus Employes of the M. P. Club were eiven an extra week's salary as a Christmas gift. There were 28 in all to benefit by the bonus. Parties were the order of the day Monday with many of the home offices closing about 4 o'clock. Paramount and First Division were not open, giving employes an extended week- end. About 90 attended the Gaumont British party at the home office, among those being Arthur Lee and George Weeks. Robert Wolff dined his per- sonnel at the M. P. Club and A. H. Schwartz tendered a buffet lunch to Centurv Circuit workers at the Radio City offices. Columbia staged a party for its home office and exchange em- ployes which lasted all afternoon. Flash Reviews The Gilded Lily — Entertaining and interesting from start to finish, this seems destined for certain popular- ity. . . _ Don Quixote — . . . attractive film fare These films t'elt-regulation," the M. P. T. O. A. bulletin declares that the code has failed the exhibitor in not restraining or controlling double features ; in do- ing nothing about "the inexcusable score charge ;" in generally failing to provide an adequate cancellation privi- lege ; a practical protection against un- fair non-theatrical competition ; against the premium racket ; against forcing unwanted features, against forcing designated playdates on per- centage pictures, and has failed to pro- vide for a simplified and fully stand- ardized exhibition contract with en- forceable arbitration provisions. "Selfish interests with powerful lob- bies," the bulletin charges, "blocked many of these provisions." Hits Clearance Delay Failure of the code's administrators to establish clearance and zoning schedules is prominently discussed in the bulletin with Code Authority charged with responsibility for the failure. The code's provision for es- tablishing clearance and zoning sched- ules "has been completely nullified," the bulletin declares. "The local ex- hibitors and the clearance and zoning boards seem to be able to work out a plan that meets with general ap- proval in their own territory in near- ly every instance, but Code Author- ity just as steadily turns them down." Advantages resulting from one year of the code, as observed by M. P. T. O. A., include "definite progress in curbing unfair overbuying, in reduc- ing the forcing of snorts with fea- tures, in providing a "very, very lim- ited cancellation privilege," in mildly curbing unfair non-theatrical competi- tion ; in providing for a semblance of standardization in exhibition con- tracts, in curbing cut-rate admission practices, in reducing unreasonable clearance and in providing exhibitors with local courts for filing grievances. Discussing program plans for the M. P. T. O. A. annual convention, to be held at New Orleans, Feb. 25 to 27, the bulletin reveals that a feature f the meet will be conferences and discussions on "better theatre manage- ment, improved methods of merchan- dising and selling modern film enter- :ainment ; newest ideas in theatre de- sign, decoration, lighting, ventilating !ind cooling equipment and methods of ncreasing attendance." New theatre equipment will be displayed at the Tieet, according to the bulletin. Miller Wins Ruling In Maywood Dispute {Continued from page 1) iew house the latter is erecting in \Iaywood, 111., in competition to the Jdo, operated by Simansky & Miller. K. M. K. Theatres protested the 26 veeks' clearance held on certain major iroducts by the Lido on the ground ihat it expected to charge a 20-cent idmission when the house is opened ■oon. The K. M. K. house, seating 600 and to be known as the Yale, asserted the Lido was entitled to only two weeks' protection. The local board denied the request for clearance. Sitting on the board were Lou Reinheimer, Alex Halperin, Aaron Saperstein, Jack Rose, Henry Helbel and Felix Mendelssohn. The board is continuing to hear in- dividual protests following the recent shelving of the clearance plan drawn up. Other cases heard involved the Liberty, operated by Elmer Benesch against the Essaness Embassy. Ben- esch's request for clearance reduction was denied. The board also denied a request for reduction of clearance filed by Joseph Emma, Deerpath, Lake Forest, 111., against the Genessee & Waukegan in Waukegan, the Lavilla in Libertyville and the Alcyon in Highland Park. In a complaint by Sol Best, Amo, Chicago, against the Michigan, Essan- ess house, the request for reduction of clearance was denied. Seek Missouri Aid For Enforcing NRA {Continued from page 1) is the film industry's representative on the Code Council. Arthur Cole, sec- retary of the Film Board, who rep- resented the industry' at the organiza- tion meeting, said the council will con- cern itself chiefly with enforcement of code labor provisions. The council appointed a committee to study NRA legislation in other states and to confer with members of the Missouri General Assembly in an effort to obtain action at the next ses- sion. The new group will be inter- ested primarily in "strict and uniform enforcement of code provisions among local businesses and industries." Each code will have one representative on the council. If individual code bodies cannot force offenders into line, they could be taken before the council for further action. The council has charged the NRA compliance office at St. Louis with congestion of important cases of vio- lations originating here and failure to secure action in the Federal courts. The compliance division in Washing- ton has promised a thorough investiga- tion of the operations in St. Louis. National Stand Up To Wisconsin Group {Continued from fane 1) Ass'n. of Wisconsin and Upper Michi- gan at its two-day convention Jan. 3 and 4 at the Hotel Plankinton is that of national affiliation. Under the proposed setup, the new unit will not affiliate directly with any national association, but the board will be empowered to delegate special duties to a national body on matters where the state group wishes to secure action. It is also understood that the board will have the power to reimburse any national unit for work done in it<= behalf. The new by-laws have been drawn ud from those of the M.P.T.O. of Wisconsin and Upper Michigan and Allied of Wisconsin in an effort to em- body the best features of both. Arthur Byron to M-G-M Hollywood, Dec. 25. — A rthur Byron has been signed to a two pic- ture contract by M-G-M. The actor has been lined up for top spot roles in "Shadow of Doubt" and "The Casino Murder Case." AFA to Send Vaude Units Out on Tours {Continued from page 1) tres already using vaudeville, or with vaudeville producers, agents, circuits or bookers. Objectives of the venture, according to A. F. A., are solely to revive inter- est in variety entertainment by increas- ing the public demand and demonstrat- ing to exhibitors that vaudeville can still draw business, and to provide work for jobless actors. A. F. A. asserts that man)- theatres have locked out actors even where a local public demand for vaudeville exists and that theatre operating pools are used to keep vaudeville out of many cities. The traveling units will be organized to meet such situations, it is said. A. F. A. now has men on the road preparing reports which will be used this week in mapping tours for the first units. The number of units to be organized, the number of weeks of playing time to be set for each and the initial circuits will be set this week, it is expected, when the road men return here with their reports. Both actors and exhibitors throughout the country are being contacted by A. F. A. in preparation for organization and book- ing of the units. Brandt and Warners End Clearance Row {Continued from page 1) W arners in New Jersey and withdrew his claim. The first time the hearing was scheduled, a distributor was missing from the New Jersey advisory board and the case was adjourned over the protest by Brandt. Representing the Broad, Newark, which was objecting to the 30-day protection Warners' Goodwin maintains, the I. T. O. A. head, at a special meeting of the board, got together with Warners and agreed to reduce existing clearance to 14 days on pictures the Broad plays day- and-date with Mark Block's Lyric. When bookings at the Broad are ahead of the Lyric the protection is to be cut to 10 days. The settlement was not entered on the record. Last week a premature advertising complaint by Warners' Goodwin against Brandt's Rialto was dismissed. Sada Cowan Joins Para. Hollywood, Dec. 25. — Sada Cowan has joined the Paramount writing staff. Near Solution Of Basic Wage For Operators {Continued from page 1) type of run .and admissions with the result that the parties failed to get together Monday. Compliance Director Sol A. Rosen- blatt attended the three conferences and will be present again today. Cir- cuit officials Monday studied various plans offered by the I. A. T. S. E. and are expected to come to a deci- sion today. Independents, however, are so anxious to enter into a long term contract to end the five-year union fight as the I. A. T. S. E. is concerned over increasing employ- ment in Local 306 and affiliated unions. Rosenblatt, after tomorrow's Campi session, will leave on his first vaca- tion since joining the NRA. He'll take a southern cruise and will be gone 10 days. Recently, Local 306 entered into temporary relief agreements with a number of independents, the reduc- tions based on individual requirements rather than a blanket cut. Labor Board to Act On Operators* Pact {Cotitinued from page 1) M. P. Operators' Union and E. S. Young of the Central Theatre here in which an operator formerly employed by Young charges breach of contract. The complaint originally was filed with the NRA compliance board. The complaint alleges that the inde- pendent union contracted with Young for the services of an operator last May, but that he was dismissed Sept. 1 without the customary two weeks' notice when Young switched to Local 170, I.A.T.S.E. Salary and overtime is claimed for a period of 15 weeks from Sept. 1 to the date of the com- plaint. Operators' Scale Up At Conference Today Members of the I. T. O. A. will discuss today negotiations between cir- cuit and independent heads with local operators' unions in setting up a basic wage sale. Harry Brandt, who has been attending the hearings, will be the principal speaker. Allied of New Jersey did not meet yesterday, because of the holiday. The next session is Jan. 8. Superfine Merchandise £\ RTDD MS Real Headline Attractions CELEBRITY PRODUCTIONS, INC. 723 Seventh Ave. Cable: New York, N. Y. "Celebrity" This week 300 leading theatres will be playing America's darling in her brightest picture. *A new record for day- and-date showings! in BRIGHT EYES with JAMES DUNN Produced by Sol M. Wurtzel Directed by David Butler. Screen play by William Conselman. Story by David Butler and Edwin Burke 12 MOTION PICTURE DAILY Wednesday, December 26, 1934 They Peer Into '35's Crystal Predicts New Peak in 1935 Film Quality By JACK L. WARNER Vice-President in Charge Warner Production Hollywood, Dec. 25. — We look for- ward to 1935 with great optimism and expectation of better business for both exhibitor and ourselves. Our op- timism is based upon the return of confidence here and improved eco- nomic conditions abroad. The come- back will natur- ally radiate for better conditions the world over. Pictures during the coming year will be bigger with a definitely higher standard of entertainment than ever before. Screen productions will have to be made that appeal not only to family audiences here, but to all classes and people abroad. Audiences have become educated to better acting on the screen. The standard is definitely on the upgrade. Highly sophisticated stories, old- time triangles that depended upon a handsome leading man and a sensu- ously gowned leading lady, are out. In their places will be demanded strong stories with performances by compe- tent actors. More initiative is needed among pro- ducers and exhibitors : Initiative on the part of producers to get off the beaten path in search of ideas and stories instead of trying to follow in the footsteps of a hit by copying. Initiative on the part of exhibitors in more aggressive showmanship. Probably the most forward step that can be taken during 1935 for all con- cerned would be the elimination of double features. I honestly believe that if that were accomplished, better pic- tures would be made and exhibitors would profit. Other industries report definite im- provement in business with signs for continued improvement. In this im- provement, the motion picture indus- try will share. Feist Confident '35 Will Be Better Year (Continued from page 1) tinued increases in motion picture pat- ronage, particularly so, for the Better Pictures and Star Spangled produc- tions. It is with such impending de- velopments as these, rather than with temporary but debilitating and some- times ruinous internal competition, that the industry's leaders are now concerned. N'neteen hundred and thirty-five holds great promise for industry pros- perity. International Year Is Seen By Arthur Lee By ARTHUR A. LEE Vice-President, Gaumont British I am looking forward to 1935 as the most interesting year of my business career, due to be- ing fully con- vinced that my people are mak- ing outstanding pictures of inter- national appeal. I believe 1935 is going to be one of the best years the industry has seen for some time ow- ing to the fact that studios here and abroad are turning out pic- tures of real merit, which will bring the public back once more into the picture-going habit. Taking into consideration the tre- mendous amount of money which our government is putting into circulation, there is no doubt, when it reaches the public, that they will spend a great deal of it supporting the industry. I believe that the industry would be much better off if some way could be devised whereby the national distribu- tors did not have to force exhibitors to play their poorer pictures, but could absorb the cost of same by spreading it over their entire program. Film People Figure In New Shows Here Players, some prominent and some no longer prominent in pictures, are figuring more importantly in New York stage plays this winter. In the flood opened and opening this week : S. N. Behrman, long a contract writer at Fox, bowed in at the Golden Monday night as author of "Rain from the Heaven." The Theatre Guild produced. Viola Brothers Shore, well known as a Hollywood scenarist, is co-author with Sarah B. Smith of "Piper Paid," which opened at the Ritz last night. Harry Green is one of the principals. Miss Shore is also part author of "Fools Rush In," also one of last night's contenders for popu- larity. Constance Cummings' essay is the lead in "Accent on Youth," another of last night's openings, this one at the Plymouth. Irene Purcell is in the cast. Peggy Wood and Louis Calhern are two of the principals in "Birthday," due to open at the 49th St. Theatre tonight. Eddie Dowling is producer and a player as well of "Thumbs Up" which opens at St. James tomorrow night. In the cast are Clark and McCullough. Hal LeRoy, Sheila Barrett and J. Harold Murray, the latter once a singer of importance in early Fox musicals. Herbert Rawlinson has the lead in "Baby Pompadour" which comes to an undeter- mined theatre Friday evening. Fox Met Plan to Court The plan of reorganization for Fox Metropolitan Playhouses developed by the bondholders' committee will be presented to Federal Juds'e Julian W. Mack in U. S. District Court here tomorrow. Costs a Factor "General qual- ity of the motion picture is stead- ily improving," declares Her- bert J. Yates, president o f C o n s o lidated Film Industries, Inc. "Public inter- est is increas- ing. If costs can be reason- ably controlled, the industry should make satisfactory progress the coming year," he believes. Yates recently returned from his second trip to Hollywood in the last couple of months. Optimism for Future Rules With Thomas By HARRY THOMAS President, First Division Exhibitors have struggled to keep their heads above water for the past five years. The turning point has already been passed ; business is perking up ever ywh ere ; money is going into circulation; people have lost their fear ; a rainbow's as- cending rays of sunshine are penetrating through the black clouds of the past. The exhibitors who have operated their business as business should be operated, will be rewarded for their honest efforts. Nineteen hun- dred and thirty-five looks like it will be the best season in show business since 1929. I hope that all branches of the industry share in the harvest. President Roosevelt's recovery plans should put a great deal of money into circulation and this additional money in the hands of the potential theatre- goers will be life blood to resuscitate show business and put it back to the enviable pitch it held at the time of its greatest advance. More Springfield Shows Springfield, O., Dec. 25. — The Re- gent, which recently installed vaude- ville with its picture programs on Saturdays and Sundays, has been followed by the Fairbanks, which features unit revues the first four days of each week. Both are Cha- keres-Warner first run spots. This is the first time in local his- tory that two houses have played stage shows and pictures simultane- ously. "Character" Stressed in Coming Film By CARL LAEMMLE, JR. Vice-President, General Manager, Universal Production Prosperity returning, business con- ditions getting better, film conditions getting bet- ter. This is a sure indi- cation that produc- tions of an unusual type will grab even bigger grosses for the picture b u s i n e s s next year. Pictures of the more im- portant type are planned for next year. This will be good for the industry both from the production standpoint and the theatre standpoint. It is my feeling that the more of these historical, biographical, out- standing-novel type of pictures and musical comedies that are made in the super class, the better off the in- dustry will be. There is no doubt in my mind that individual productions of finished character will be the thing for next year. More time will have to be put into them, more thought, more showmanship. But that is what this industry is coming to and that is where the big money lies. With the important producers in the industry making from six to eight pictures a year instead of from 40 to 50 the quality of pictures is certain to improve vastly and the industry from every standpoint will be greatly benefited. These producers can con- centrate on important production mat- ters and put their energies and abili- ties into the necessary work of pro- duction instead of delegating import- ant production matters to others. They have been forced to delegate them in the past because of the time element. I feel that the industry will set a new mark for itself in 1935. Must Cut Negative Costs, Says Zukor (Continued from page 1) quality of the product, the hoped-for gross increases of the new season will be meaningless. I view this rise in negative costs as one of the most serious matters ever faced by the industry. I believe that it is out of all proportion to the corresponding rise in commodity pric- es and, unless it is remedied at once, I believe we shall find ourselves mak- ing pictures costing more than we can take in at our box-offices. I hope that 1935 will see a satisfactory adjust- ment of this problem and a consequent black ink balance for the industry. The Leading Motio Picture Industry MOTION PICTURE DAILY Alert, Intelligent the In in All Branches VOL. 36. NO. 150 NEW YORK, THURSDAY, DECEMBER 27, 1934 TEN CENTS Outlook Good On Para* Plan; Few Opposed Hearing Set for Today Before Judge Coxe A minimum of creditor opposition jto the Paramount Publix reorganiza- tion plan is in evidence for the Federal court hearing before Judge Alfred C. Coxe this morning, indicating the pos- sibility of the plan being accepted with little delay. No additional names have been added to the board of directors of the new company beyond the nine agreed upon and the three temporary mem- bers of the board, Austin Keough, Walter B. Cokell and Max D. Howell. Creditors' committees decided to re- strict the present board to the 12 named until such time as the plan has ■been accepted and the Paramount trus- tees have been relieved of their posts. At that time the new board will take ■jver administration of the company, (Continued on page 7) Para. Studies Plan To Telephoto News Newsreel shots by telephoto so that they can be shown in territories sur- rounding 24 key spots approximately two hours after they occur may de- velop from experiments now being conducted by Paramount News. A private engineering firm is re- ported to have been working on the experiments for Paramount for the (Continues on page 7) Action, Music Big Overseas: Reisman Action pictures and musicals are most in demand abroad, Phil Reisman, head 3f RKO-Radio's foreign department, stated yesterday, having returned last week from a five weeks' trip to Eng- land and France. Audiences in foreign countries do not care for pictures in which the (Continued on page 7) N. E. Allied Men to Meet in Boston Soon Boston. Dec. 26.— Independent Ex- hibitors of Mass., Inc., will be hosts to other Allied units in New England at a joint meeting to be held here (Continued on page 11) Dependable film delivery by members of National Film Carriers, Inc. — Adv. Oil Poured on "UV Ruffled Studio Waters Laemmle, Sr., Jr., Agree; Production Picks Up Hollywood. Dec. 26. — Internal troubles on the Universal lot have been ironed out and the studio is now oiling the ways for its next cycle, which will include several of its prom- ised big attractions. Carl Laemmle, Jr., is back from an extended stay in New York, sans any European trip, and will devote his time to six pictures a year, although the title of general manager of pro- duction will continue his. His father, working in close association with his (Continued on page 11) Coast Production Drops for Holiday Hollywood, Dec. 26. — Due to the holiday production registered a decided decrease with a total of 33 features and five shorts before the cameras as compared to 41 and four the preceding (Continued on page 11) Fitzgerald to Sing Boston, Dec. 26. — A smart local tieup for the opening of "Sweet Adeline" here is the securing of former Mayor John F. Fitzgerald to sing the song of the same name at the Paramount Wed- nesday night. He is as well known for the piece here as Al Smith is for "East Side, West Side" in New York. Campi Ruling Is Due Today On Clearance Decision, formally ruled and noted, on whether clearance and zoning schedules are to be discarded in favor of individual protests is expected to be made by Campi today at its regular meeting, which will be attended by Compliance Director Sol A. Rosen- blatt. Official records of Code Authority show that, within the past seven months, 637 clearance and zoning (Continued on page 7) Showmanship and Product Count, Say Warner, Clark By JOHN D. CLARK General Manager, Distribution, Fox Theatre grosses throughout the country have been showing steady in- creases lately and there is every reason to suppose that they will con- tinue to do so in 1935, pro- vided, of course, that general business condi- tions improve. The public is buying enter- tainment, and as long as the quality of pic- tures continues upward as it has in the past several months no one in the motion picture business need fear the future. A clearer and sounder basis of compari- son with the past has been formulated, and next year should find our business advancing steadily. r By ALBERT WARNER Vice-President, Warners The prosperity of the industry dur- ing 193S lies in the hands of the in- dustry itself. There are no obstacles ahead that wise, pro- gressive show- manship cannot \ ( Jw*" gtt surmount. L e g i t i - mate competi- tion is neces- sary and desir- able, but there are problems that can only be solved by co- operation. One of these is the problem of the double feature. The team spirit, applied in the interest of all of us, is the only way in which this evil will ever be done away with. The average quality of motion pic- tures today is higher than ever be- (Continued on page 2) Deal Reached On Operators9 Basic Scales Said to Call for Cuts; Hearing on Jan. 10 After four successive meetings at Campi headquarters. Compliance Di- rector Sol A. Rosenblatt's fact finding committee yesterday reached a tem- porary agreement for setting up a basic wage scale for operators in New York. It is understood reductions are provided all along the line. Rosenblatt, who has been attending the meetings of the committee, has set Jan. 10 for a public hearing in Wash- ington, when objections to the agree- ment will be heard. If none are voiced, it is likely the temporary schedule will be made permanent. George Browne, president of the I.A.T.S.E., did not attend yesterday's session. He is in Chicago, his home town, for the holidays. Louis Krouse, his assistant, was present, and is un- derstood to have approved the tem- porary plan for Local 306, which is being supervised by the international since Harry Sherman resigned some months ago. Rosenblatt, spokesman for the fact finding committee, could not be reached last night at his home for a statement, but it is understood an offi- cial release from Washington will be made on or before Saturday. Film Lettering in Kansas City Starts Kansas City, Dtec. 26— Classifica- tion of films in advertising, adopted by Fox Midwest at its managers' conven- tion last summer, has made its ap- pearance here. "The Affairs of Cellini," this week's attraction at the Fox Apollo, a subur- ban house, is given an "adult" label in newspaper ads. The idea is conveyed in the form of a seal informing the reader the picture is "a selected movie," approved by Better Films Council for adults. Original plans (Continued on page 7) Chicago Suit Ends; Product Split Seen Indicating a product split-up among Chicago's Loop theatres which would make first run pictures for major com- panies available to McVickers, that theatre yesterday withdrew its anti- trust suit preliminary motion at a (Continued on page 2) MOTION PICTURE DAILY Thursday, December 27, 1934 MOTION PICTURE DAILY (Registered U. S. Patent Office) Vol. 36 December 27, 1934 No. 150 n Martin Quigley Editor-in-Chief and Publisher MAURICE KANN Editor JAMES A. CRON Advertising Manager Published daily except Sunday and holi- days by Motion Picture Daily, Inc., sub- sidiary of Quigley Publications, Inc., Martin Quigley, President; Colvin Brown, Vice-President and Treasurer. Publication Office: 1790 Broadway, New York. Telephone Circle 7 3100. Cable ad- dress "Quigpubco, New York. All con- tents copyrighted 1934 by Motion Picture Daily, Inc. Address all correspondence to the New York Office. Other Quigley pub- idtionT: MOTION PICTURE HERALD, BETTER THEATRES, THE MOTION PICTURE ALMANAC and THE CHI CAGOAN. , "TT • i-f Hollywood Bureau: Postal Union Lite Building, Vine and Yucca Streets, Victor M. Shapiro, Manager; Chicago Bureau: 407 South Dearborn Street, Edwin S. Clif- ford, Manager; London Bureau: Remo House, 310 Regent St., London, W. 1, Bruce Allan, Representative. Cable address: "Quigpubco, London"; Berlin Bureau: Berlin - Tempelhof , Kaiserin - Augustastrasse 28, Joachim K. Rutenberg, Representative; Paris Bureau: 19, Rue de la Cour-des- Noues, Pierre Autre, Representative; Rome Bureau: Viale Gorizia, Vittorio Malpassuti, Representative; Sydney Bureau: 102 Sus- sex Street, Cliff Holt, Representative; Mex- ico City Bureau: Apartado 269, James Lockhart, Representative; Glasgow Bureau: 86 Dundrennan Road, G. Holmes, Repre- sentative; Budapest Bureau: 3, Kaplar-u, Budapest, II, Endre Hevesi, Representa- tive; Moscow Bureau: Civtzev Vrazhek, N. 25, Apart. 146, Moscow, U. S. S. R., Bella Kashin, Representative. Cable ad- dress: "Samrod, Moscow." Entered as second class matter, January 4 1926, at the Post Office at New York City, N. Y., under Act of March 3, 1879. Subscription rates per year: $6 in the Americas, except Canada $15 and foreign $12. Single copies: 10 cents. Brandts Hike Salaries Home office employes of the Brandt circuit have been given a 10 per cent increase. Theatre workers have been advanced from $1 to $5, ac- cording to term of service. The hike in the Brandt payroll amounts to $298 weekly. Saland Gives Increases Nat Saland of Mercury has in- creased employes' salaries from 10 to 25 per cent. He also closed yesterday to do the exclusive film printing on the eight Ken Maynard westerns for Burr Enterprises, Inc. Take Over Spanish Film Criterion Films, headed by M. D. Strong, has acquired eastern distribu- tion to "Campanas de Amor" ("Bells of Love"), Spanish-language feature now nearing completion here. Finish Palestine Film Motion Picture Bureau, Inc., has completed "The Romance of Pales- tine," based on a story written by Ludwig Lewisohn, who also appears in the film. Fox Moving in Boston Boston, Dec. 26. — The transfer of Fox to its new exchange building, nearly opposite the present site on Broadway, should be completed Fri- day, it is now believed. Maloy Income Probe Resumed in Chicago Chicago, Dec. 26. — Investigation of the income tax of Tom Maloy, head of the operators union, has been resumed and Maloy, Ralph O'Hara, his assist- ant, and Tom Reynolds, president of the union, have been summoned to Federal court. The Maloy summons promises to re- open investigation into union affairs which may involve Jack Miller, head of the Chicago Exhibitors' Ass'n. Miller figures as a party to the Maloy hearing as a witness in connection with his testimony before a grand jury and subsequently before Federal Judge Wilkerson on contempt charges. Miller's trial was continued several months ago. Both the cases against Maloy and Miller have been dormant six months. Chicago Suit Ends; Product Split Seen (Continued from page 1) hearing before Judge Murray Hu bert in U. S. District Court here. McVickers had asked for leave to make Paramount and the trustees of the company defendants in the anti trust action to be based on the alleged inability of the theatre to obtain suit able product. The action was also to name as defendants Balaban & Katz of Chicago, and major company dis tributors. McVickers, operated by Jones, Linick & Schaefer, was for merly sub-let to B. & K., but was re linquished by that company last sum mer. Chicago, Dec. 26. — Rosenberg Toomin & Stein, representing J., L. & S., declined to comment on the withdrawal of the suit, declar ing there may be an announcement tomorrow. B. & K. officials had no knowledge of the withdrawal. Aaron Jones of J., L. & S. could not be reached. The McVickers deal is held improbable. It was even denied an eastern suit had been filed. DuWorld Gets Musical DuWorld has acquired North and South American distribution of a musical now being produced in Vienna tentatively titled "Viennese Love Song," in which Maria Jeritza is starred. Albert Warner Says Showmanship Counts (Continued from page 1) fore. There is an enormous public waiting for every good picture and the problem of the theatres is to bring together the picture and the public that will appreciate and support it. That is where showmanship comes in. Every exhibitor should study not only his public in mass, but the different sections of that public that will re- spond to the appeal of different kinds of pictures. I look forward to an excellent year for motion pictures. Intelligence and courage are the golden keys that will open the doors of prosperity. Northwest Indies Unite Minneapolis, Dec. 26. — Twenty Minnesota and South Dakota exhibi- tors have started a new organization called the Independent Theatre Own- ers' Ass'n. J. B. Clinton of Duluth has been one of the leaders in the movement, and has been named presi- dent. Other officers are: Secretary-treas- urer, E. L. Peaslie. Stillwater ; direc- tors, H. J. Ludcke, St. Peter, Minn. : Bert Parson, Springfield, Minn. ; J. L. Anderson, Plankington, S. D. ; Roy McKinn, Superior, Wis., and George Rvan, Hector, Minn. Arthur C. Melvin Killed Baltimore, Dec. 26. — Arthur C. Melvin, Fox salesman in this territory for many years, died in Franklin Square Hospital from injuries re- ceived when he was struck by an auto- mobile while crossing North Ave. at Druid Hill. Melvin was well liked here and during his long years of faithful and efficient service with Fox he had built up a fine reputation for faithful service. F. E. Johnson Buried Akron, Dec. 26. — Funeral services were held here Monday for Fred E. Johnson, 55, widely-known exhibitor, who died suddenly at St. Paul, Minn., where he had gone with hi« wife to spend the holidays with his sister. He was born at Kent, O., and at different times managed houses at Lorain, Zanesville, Cambridge, Card- ington, Oil City and Wheeling. Big Board Trading Has Off Day Net Change - 54 - X +1 + 5 *4 - 54 - 54 High Low Close Columbia Pictures, vtc... 3754 3754 Consolidated Film Industries 6 5*4 5*4 Consolidated Film Industries, pfd 1934 1954 19*S Eastman Kodak 11154 HO 11054 Eastman Kodak, pfd 141 141 141 Fox Film "A" 1354 13 13 Loew's, Inc 3454 3354 34 Loew's, Inc.. pfd 103^ 10354 10354 Paramount Publix, cts 3*6 3Vtt 354 Pathe Exchange 154 154 VA Pathe Exchange "A" 14*6 14 14 RKO 254 254 254 Warner Bros 454 4 454 Trans Lux Advances % on Curb Net Hii»h Low Close Change Technicolor 1214 12*4 12*4 — 54 Trans Lux 2*4 254 254 + *4 Sales 300 1.000 2.100 1.200 2,000 900 2.800 100 6,400 200 500 600 6.200 Sales 300 2,400 G. T. E. Bond Issues in Decline Net General Theatre Equipment 6s '40 General Theatre Equipment 6s '40, ctf. Paramount Broadway 5*/2s '51 Paramount F. L. 6s '47 Paramount Publix 554s '50 Pathe 7s '37. ww Warner Bros. 6s '39, wd High 8*4 8 Low 8*4 8 Close 8*4 8 Change — 54 -34 Sales 12 4 45 4454 45 50 62 61 61 -a 16 62 6154 61*4 32 100*4 10054 10054 + 54 3 58*4 58*4 58*£ + 54 10 < Purely Personal ► ARTHUR A. LEE, vice-president of Gaumont British ; George W. Weeks, general sales manager, and Jack Schlaifer, special sales repre- sentative, left for Chicago yesterday afternoon for conference with the mid- west sales division. Morris Lane, of the State Film Service, received a Christmas present in the form of a 10-pound son early Christmas morning. Both mother and child are doing well at the Madison Park Hospital, Brooklyn. Hyman Rachmil, Brooklyn circuit owner, plans to leave for the coast the end of January to visit his son Lewis for about two months. Lewis Rachmil is part owner of Goldsmith Prod. Beatrice Lillie has been signed for a four-week engagement at the Rain- bow Room, Rockefeller Center. Richard W. Krakeur of the Leo Morrison office handled the deal. E. M. Saunders, western division manager for M-G-M, returned Mon- day from a month's trip, having vis- ited a number of exchanges and the studios. Allen Rivkin is in New York from Hollywood. At the Waldorf until the 10th and expects to see 18 shows between now and then. Al Selig returned yesterday from Boston, where he spent three weeks on "Mighty Barnum" and "Private Life of Don Juan" campaigns. Louis Cohen has postponed his trip to the coast where he intended to spend the hoMdays with his family. He plans to go later. Frank Sullivan's sketch, "A Min- istering Angel," has been acquired by Paramount for a sequence in "The Big Broadcast." Ben Verschleiser, Monogram supervisor, may leave for the coast Saturday. He's visiting his folks here. Dave Levy, who was forced to post- pone his trip to Florida due to illness, leaves Saturday for Palm Beach. Eddie McEvoy sailed yesterday on the Monarch of Bermuda for Ber- muda. Vacation stuff. Artie Stebbins, in for the holidays, will remain in these parts for a num- ber of days yet. Adolphe Menjou and his bride, Veree Teasdale, are due back on the coast tomorrow. Ben Schulberg and his family sailed last night on the Aquitania for a short cruise. Trem Carr, head of Monogram production, is scheduled to arrive in town next week. Walter Eberhardt is on the last lap of the latest in his cycle of mys- tery yarns. Compliance Director Sol A. Ro- senblatt spent the Yule holiday with his family. Mady Christians is in town. At the Park Central. William Fiske is in Switzerland taking in the sports. Irving Shiffrin of RKO Radio is down with a cold. A. H. Schwartz leaves shortly on his annual Miami vacation. FOUR YEARS AGO the shot that will be seen around the world was taken— and Paramount's "The Lives of a Bengal Lancer" went into production. FOUR YEARS LATER . . . after many months of untiring effort, Paramount proudly presents "The Lives of a Bengal Lancer" a thrill-packed story of courage. GALLANTRY • ROMANCE • THRILLS • ACTION IF I T f S A PARAMOUNT PICTURE HEROISM FASCINATION * INTRIGUE m T'S THE BEST SHOW IN TOWN... THE LIVES OF A BENGAL LANCER ■ i GARY COOPER as"Captain MacGregor"— sabre-slashing, devil- may-care fighter who would rather die with honor than live without it! It's Cooper of "Morocco"— "Farewell to Arms"— "The Virginian' — in another big picture of the stamp that made him box-office! FRANGHOT TONE as "Lieutenant Forsythe" — a raw recruit under India's burning skies who becomes a seasoned campaigner ... contemptuous of love and smil- ing at death. Franchot Tone steps out of a dress suit and into a uniform that will win him more plaudits than any role he's played! RICHARD CROMWELL as "Lieutenant Stone" — Inexperienced in battle, a novice at love ... his kiss seals the doom of 2000 men and made heroes of a gallant band! KATHLEEN BURKE as"Tania"— the Russian adventuress who plays the Lancers false, betrays them to the Afridif. SIR GUY STANDING as "Colonel Stone"— Soldier, martinet, sly as a fox, but a fool when it comes to handling his own son. The best role yet for this player. C. AUBREY SMITH GrufF warrior of "Queen Christina and "Cleopatra" makes another old war-dog be- lievable and lovable on the screen. IP IT'S A PARAMOUNT PICTURE IT'S THE REST SHOW IN TOWA! Thursday, December 27, 1934 MOTION PICTURE DAILY 7 Hollywood Personals Hollywood, Dec. 26. — Mrs. Harry Carey signed for "Naughty Marietta" at M-G-M. . . . Violet Axzelle, former child star, gets a role in "The Wedding Night" for Goldwyn. . . . Helen Hayes and Charles MacArthur postpone their trip to Russia. . . . Cotton Warburton and Julie Bescos, football stars, playing bits in "Naughty Marietta." . . . Fox even put "production" into the trim- ming of the studio Christmas tree. . . . Three carpenters on a scaffold tied on the ornaments. . . . Fiske O'Hara, signed for "The Winning Ticket" at M-G-M, is working for Director Charles Reisner, who was his prop boy when O'Hara was a matinee idol. . . . Aileen Pringle is making a screen return in M-G-M's "Vanessa." . . . Frank Morgan shaves off his mustache for the first time in 17 years. . . . Alfred Santell opens his Idyllwild home for the first time since his return from England. . . . Sidney Blackmer signed for "The Little Colonel" at Fox. . . . Helen Barney of the Radio publicity department doing nicely following an appendicitis operation. . . . Outlook Good On Para. Plan; Few Opposed (Continued from page 1) and additions to the board, which may have a maximum of 20 members, are expected to be made. Judge Coxe yesterday accepted the resignation as trustee of Charles E. Richardson, leaving the interim ad- ministration with Charles D. Hilles and Eugene W. Leake. Richardson is regarded as a strong candidate for a post on the new board later and also for vice-presidency of the new com- pany. He declined to comment yes- terday on reports linking his name with these posts, ascribing his resig- nation only to "pressure of private business affairs," the reason he gave when tendering his resignation as trus- tee last summer. At that time, how- ever, he was prevailed upon to remain until Paramount reorganization had become a fact. Allied Opposition Expected Principal opposition to acceptance of the reorganization plan by the court at today's hearing is expected to come from Allied Owners, one of the largest creditors of Paramount, which, impelled by its own bondhold- ers, may ask for changes in the Para- mount Broadway reorganization pro- visions, the settlement with the bank group and for assurances that indus- try men will be named to the board of the new company. Trustees of Allied, William Greve, Stephen Callahan and Percival Jackson, met yesterday to de- termine the company's stand on op- posing or recommending the plan and are understood to have agreed upon a modified program of opposition which will be confined largely to recommen- dations for changes along the lines noted. Samuel Zirn, counsel for small Paramount bondholder interests, has also stated that he would oppose the plan in several particulars but had no definite objections when queried last night. Saul E. Rogers, counsel for other Paramount bondholders, in- dicated that he found little objection | to the major provisions of the plan and >aid he favored as speedy a rehabili- tation as possible, in the belief that de- lay now might be disastrous to the company. All large creditor commit- ' tees will appear in support of the j plan. Para. Studies Plan To Telephoto News (Continued from page 1) ! past four weeks with the aim of test- ] ing the practicability of the apparatus and working out an estimate of the I cost. Transmitting laboratories would be j located in 24 major cities. Negative would be rushed to these, developed and transmitted to the other keys by ; wire. Each station would also be equipped for receiving from other places. It is figured that some of the ex- pense could be cut by supplying tele- photo pictures of spot news to news- papers, according to Motion Picture Herald. The first experimental trans- mission will be from Los Angeles to New York. Gaumont British was the first to try the stunt on the finish of the Eng- land to Australia air race. It took 68 hours to do it by Radio, due to weather interference, and cost $30,264 for eight feet of film. Paramount's private estimate of the added expense of telephoto is under- stood to be §10,000 additional on the weekly overhead. Virtually all important newspapers now use telephotoed pictures of head- line events. The newsreels must de- pend on specially chartered airplanes first to fly the negatives from the scene of action to the laboratory and then to fly the prints to the larger key city accounts. Shapiro Deals Denied Boston, Dec. 26. — Both Gene Gross and Celia Shapiro, execu- tives of the Franklin Prod., Inc., inde- pendent Piedmont Street exchange, disclaim any knowledge of the prog- ress made by William Shapiro, ex- change owner, in acquiring British franchise rights in New England and possibly in the United States. They say the Hub film man should be home within a few days, at which time a statement will be forthcoming. Ask New Award Rules Hollywood, Dec. 26. — Recommen- dation for changes in the rules for nominations for the annual Academy camera award has been made by cameramen representing the photo- graphic section of the technicians' branch of the organization. The cameramen are in preference of hav- ing each member of the profession asked to submit the name of the two productions which he considers rep- resentative of his best work. Two Firms Chartered Albany, Dec. 26. — Noah Produc- tions, Inc., has been chartered to deal in talking pictures. Jerome F. Mayer, Harriet S. Taylor and James S. Lin- burn are directors and subscribers. Berndt-Maurer Corp. has been chartered to exhibit. Morris Talbot, Lena Doroshkin and Harry Talbot are directors and subscribers. "U" Signs Harburg Hollywood, Dec. 26. — Universal has signed B. Y. Harburg, New York musical producer, as head of the music department. This will be the first time such a post has been listed at Universal since "King of Jazz." Action, Music Big Overseas: Reisman (Continued from page 1) greater percentage consists of dia- logue. They want action, he said. These type of films usually gross more abroad than in this country, Reisman averred. American pictures are pre- ferred in all countries. He added English producers have shown a de- cided improvement. Business in Eng- land is very good, he stated. Reisman announced that with the promotion of Ralph Hanaberry to the post of general manager of Radio Pic- tures, Ltd., W. W. Jay, formerly as- sistant sales manager, has been made sales manager. He also stated that Harry Leasin, managing director of RKO Radio Pictures, S.A., closed 1934-35 distribution contracts with Arta Films of Roumania, Cinea Al- liance of Greece, Marak Films of Per- sia and Cinema Co. of Indo-China. Jack Kennedy, special representative for Radio Pictures International, closed deals with Meyrowitz Distribu- tion Co. of Poland and another for Hungary. Loew Protection Up Members of the I.T.O.A. today will meet to discuss alleged excessive pro- tection by Loew's in this territory. The topic was to have come up at the last meeting, but was postponed until today because of protracted discus- sions revolving around the annual ball the unit will stage. F. D. Has House Organ First Division is now publishing its own house organ, a weekly publica- tion titled "Excel-erator," with Ruth Schwerin as editor. Pat Garyn left last night for Chi- cago on a tour of mid-western states in connection with March of Time sales. Norton Gets Post Job Boston, Dec. 26. — Elliot Norton has been appointed dramatic editor, vacated by death, on the Boston Post. Norton, previously a roving reporter on the paper, has been given a din- ner by film and theatre men and con- temporaries. Plans New Shorts Series Hollywood, Dec. 26. — Harold Hecht, former dance director, is plan- ning a series of shorts titled "Goonies," using for subjects the er- rors made by college students in filling out official forms. Hecht will call his company, Goonies, Inc. Campi Ruling Is Due Today On Clearance . .(Continued from page 1) cases have been heard by the 64 local boards, of which only 20 per cent have been appealed. It is concluded from the statistics that this method of handling clearance cannot be super- seded beneficially by schedules, ac- cording to codists. It is pointed out that if a clearance and zoning plan for a territory is adopted, exhibitors can still file individual complaints if they have been grieved. The major obstacle confronting Campi on schedules is price-fixing, which is contained in all plans where releases are set, according to admis- sions. Price-fixing will not be tol- erated by Code Authority and until this barrier can be hurdled no schedule will be adopted. Meanwhile Kansas City, New Haven and Buffalo schedules are on the calendar today for discussion. It is expected they will be returned and local boards advised to revert back to the individual protest procedure, which has been held up in all terri- tories where schedules have been pro- mulgated. About 20 individual appeals on clearance and zoning will be heard next month by Campi committees. Film Lettering in Kansas City Starts (Continued from page 1) contemplated the use also of a "fam- ily" seal. The Apollo is committed to a policy of selected pictures, both first and sub- sequent run, of a type appealing to discriminating audiences. An all-time record for length of run in Kansas City was marked up by "One Night of Love" which has completed nine weeks at the Apollo. This was a subsequent showing. Con- rad Mann, former president of the Chamber of Commerce, saw the pic- ture 12 times, and Mrs. Mann at- tended 16 performances. It is esti- mated by James Long, manager of the Apollo, that 30 per cent of the audi- ences saw "One Night of Love" two or more times. Film Plea to Governor Governor Lehman has been urged by the film committee of the Social Service Commission of the Protestant Episcopal Church of the diocese of New York to make suggestions in his message to the legislature for legislation to elevate the moral and social standards of the industry. Say LeRoy Wants Talley Kansas City, Dec. 26. — Warners are reported in contract negotiations with Marion Talley, opera star who hails from Kansas City. Mervyn Le- Roy wants her for a picture, accord- ing to reports. Votion Sheldon's Aide Hollywood, Dec. 26. — Jack Votion, former business manager, has been appointed assistant to E. Lloyd Shel- don at Paramount. MOTION PICTURE DAILY Th ursday, December 27, 1934 66 Evensong," Show,Top in Philadelphia Philadelphia, Dec. 26. — All down- town houses took a shellacing last week with the exception of the Fox, which had "Evensong" and a stage bill headed by Lee Sims and Ilomay Bailey. The $13,000 take was $1,000 over par. "The Private Life of Don Juan" was somewhat better than fair with $7,000 at the Aldine. Total first run business was $53,500. Average is $63,230. Estimated takings for the week end- ing Dec. 20 : "PRIVATE LIFE OF DON JUAN" (U. A.) ALDINE — (1,200), 35c-40c-55c, 8 days. Gross: $7,000. (Average, 6 days, $7,000) "WE LIVE AGAIN" (U. A.) (2nd run) ARCADIA— (600), 25c-35c-40c, 6 days. Gross: $1,800. (Average, $2,400) "EVELYN PRENTICE" (M-G-M) BOYD— (2,400), 35c-40c-55c, 3 days, 2nd week. Gross: $4,000. (Average, 6 days, $12,000) "BABBITT" (Warners) EARLE— (2,000), 40c-55c-65c, 6 days. Stage: Paul Ash, Charles Kemper, Stanley Twins, the Murrays, Ray Huling and Seal, Four Franks. Gross: $11,500. (Average, $12,000) "EVENSONG" (Gaumont-British) FOX— (3,000), 40c-55c-65c, 6 days. Stage: Lee Sims and Illomay Bailey, Jack Eddy & Co., Allen and Kent. Gross: $13,000. (Average, $12,000) "PAINTED VEIL" (M-G-M) (2nd run) KARLTON— (1,000), 2Sc-35c-40c, 6 days. Gross: $3,500. (Average, $3,500) "FATHER BROWN, DETECTIVE" (Para.) STANLEY— (3,700), 35c-40c-55c, 6 days. Gross: $7,500. (Average, $12,000) "MRS. WIGGS OF CABBAGE PATCH" (Para.) STANTON— (1,700), 35c-40c-50c, 6 days. Gross: $5,200. (Average, $6,000) "Lies" and "Gift" Big in Providence Providence, Dec. 26. — The Strand and Fay's were top houses here for the week, the former catching $8,300 with "White Lies" and "It's a Gift." Fay's, booking a vaudefilm show, caught a nifty $8,000, and the RKO Albee was close to that figure with a similar bill. The holiday season did not inter- fere with trade at the downtown houses, but seemed to stimulate busi- ness. Loew's failed to click with "Pri- vate Life of Don Juan" and "The Gay Bride," netting only $7,000, which is $5,000 under par. Total first run business was $39,400. Average is $40,500. "IT'S A GIFT" (Para.) "WHITE LIES" (Col.) STRAND— (2,300), 15c-40c, 7 days. Gross: $8,300. (Average, $6,500) "ST. LOUIS KID" (Warners) "THE FIREBRAND" (Warners) MAJESTIC— (2,400), 15c-40c, 7 days. Gross: $7,000. (Average, $7,000) "I AM A THIEF" (Warners) FAYS— (1,600), 15c-40c, 7 days. Stage: "Music Hall Varieties." Gross: $8,000. (Av- erage, $7,000) "PRIVATE LIFE OF DON JUAN" (U. A.) "THE GAY BRIDE" (M-G-M) LOEW'S STATE— (3,800), 15c-40c, 7 days. Gross: $7,000. (Average, $12,000) "WEST OF PECOS" (Radio) RKO ALBEE— (2,300), 15c-40c, 7 days. Stage: "Tunes and Steps" revue. Gross: $7,900. (Average, $7,000) "WEDNESDAY'S CHILD" (Radio) RKO VICTORY— (1,600), 10c-25c, 4 days Gross: $1,200. (Average, $1,000) "Imitation" 3rd -Week Top On the Coast Los Angeles, Dec. 26. — "Imitation of Life" demonstrated its drawing powers in its third week at the Pan- tages in the face of a Christmas slump that hit nearly all the other first runs. The gross of $6,200 was nearly triple the usual take for the house. "Evelyn Prentice" was the only other big draw of the week. It ran up to $6,000 at the United Artists, over par by $2,500. A dual, "Death on the Diamond" and "Gambling," was strong at the 4-Star, but elsewhere business was in a bad way. Total first run business was $66,500. Average is $88,450. Estimated takings for the week end- ing Dec. 19 : "THE LAST GENTLEMAN" (U. A.) CHINESE— (2,500), 30c-65c, 7 days. Stage Sid Grauman's prologue, Raymond Paige and his orchestra. Gross: $7,500. (Average, $12,500) "DEATH ON THE DIAMOND" (M-G-M) "GAMBLING" (Fox) 4-STAR— (900), 30c-55c, 7 days. Gross: $3,500. (Average, $3,250) "THE LAST GENTLEMAN" (U. A.) LOEW'S STATE— (2,413), 30c-55c, 7 days. Gross: $8,000. (Average, $14,000) "ONE HOUR LATE" (Para.) PARAMOUNT— (3,595), 30c-55c, 7 days. Stage: Rube Wolf and his orchestra, 5 Ring Circus. Gross: $12,500. (Average, $18,- 000) "ANNE OF GREEN GABLES" (Radio) RKO— (2,700), 25c-65c, 7 days. Gross: $7,700. (Average, $8,000) "EVELYN PRENTICE" (M-G-M) UNITED ARTISTS— (2,100), 25c-55c, 7 days. Gross: $6,000. (Average, $3,500) "ANNE OF GREEN GABLES" (Radio) WARNER BROS. (Hollywood)— (3,000), 25c-65c, 7 days. Gross: $7,500. (Average, $14 000) "I AM A THIEF" (Warners) WARNER BROS. (Downtown)— (3,400), 25c-40c, 7 days. Stage: Six acts vaudeville, Olive Jones, Oscar Baum and his orchestra. Gross: $7,600. (Average, $12,000) "IMITATION OF LIFE" (Univ.) PANTAGES— (5,000), 25c-40c, 3rd week, 7 days. Gross: $6,200. (Average, $3,200) "Murder" and Show Indianapolis High Indianapolis, Dec. 26. — A combina- tion of "Murder in the Clouds" and Olsen and Johnson lifted the Lyric out of the pre-Christmas slump in a big way by piling up $11,000. This tops par by $4,000. The showing was outstanding, as all other downtown houses took it on the chin. "Music in the Air" took only $2,500 at the Apollo and "Behold My Wife" was just half the normal take at the Indiana. Total first run business was $22,000. Average is $18,500 without the Apollo and Lyric. Estimated takings for the week end- ing Dec. 22 : "MUSIC IN THE AIR" (Fox) APOLLO— (1,100), 25c-40c, 7 days. Gross: $2,500. "WEST OF PECOS" (Radio) "FIREBIRD" (Warners) CIRCLE— (2,800), 25c-40c, 7 days. Gross: $2 250 "BEHOLD MY WIFE" (Para.) INDIANA— (3,133), 25c-40c, 7 days. Gross: $3,500. (Average, $7,000) "MURDER IN THE CLOUDS" LYRIC— (2,000), 25c-40c, 7 days. Stage: Olson & Johnson. Gross: $11,000. (Aver- age, $7,000) "GAY BRIDE" (M-G-M) PALACE— (3,000), 25c-40c, 7 days. Gross: $2,750. (Average, $4,500) Some Outlook Providence, Dec. 26. — Films in the future will be consid- ered as seriously as the Eliz- abethan drama is today, in the opinion of Prof. S. Foster Damon of the English de- partment of Brown Univer- sity. As time goes on pic- tures will become more ex- alted, he told a large audi- ence at an Institute of Art session in the Rhode Island School of Design. "Girl," Show Detroit High With $18,600 Detroit, Dec. 26. — "The Richest Girl in the World" made an excellent showing in a week distinguished by uniformly low grosses elsewhere. The take at the Fox, with six acts of vaudeville, was $18,600, over par by $3,600. Every other first run was below average, but "The President Van- ishes" was better than fair with a take of $9,300 at the United Artists. Total first run business was $61,700. Average is $65,000. Estimated takings for the week end- ing Dec. 21 : "BACHELOR OF ARTS" (Fox) "ELINOR NORTON" (Fox) ADAMS— (1,770), 10c-40c, 7 days. Gross: $4,200. (Average, $5,000) "RICHEST GIRL IN WORLD" (Radio) FOX— (5,100), 15c-55c, 7 days. Stage: 6 acts vaudeville. Gross: $18,600. (Average. $15,000) "EVELYN PRENTICE" (M-G-M) "PURSUIT OF HAPPINESS" (Para.) FISHER— (2,975), 15c-40c, 7 days. Gross: $6,200. (Average, $10,000) "IT'S A GIFT" (Para.) MICHIGAN— (4.100), 15c-55c, 7 days. Stage: 6 acts vaudeville. Gross: $19,300. (Average, $20,000) "EVELYN PRENTICE" (M-G-M) "MENACE" (Para.) (2nd Run) STATE— (3,000, 15c-40c, 7 days. Gross: $4,100. (Average, $5,000) "PRESIDENT VANISHES" (Para.) UNITED ARTISTS— (2,070), 15c-55c, 7 days. Gross: $9,300. (Average, $10,000) "Herbert," Show Hit in Oklahoma Oklahoma City, Dec. 26. — "Big Hearted Herbert," helped by a stage show, "Georgia Minstrels," managed to fight off the pre-Christmas slump with a take of $2,600 in four days at the Liberty. "Cheating Cheaters," which went on for the other three days took only $550. Total first run business was $10,650. Average is $13,500. Estimated takings for the week end- ing Dec. 22 : "LIMEHOUSE BLUES" (Para.) WARNER— (1,900), 10c-20c-36c-41c-56c, 7 days. Gross: $2,900. (Average, $5,000) "GAY BRIDE" (M-G-M) MIDWEST— (1,500), 10c-26c-36c-56c, 7 days. Gross: $2,900. (Average, $4,000) "MUSIC IN THE AIR" (Fox) CAPITOL— (1,200), 10c-20c-26c-36c-41c, 7 days. Gross: $1,700. (Average, $2,000) "BIG HEARTED HERBERT" (Warners) LIBERTY— (1,500), 10c-15c-26c-36c, stage: "Georgia Minstrels," 4 davs. Gross: $2,600. (Average week, $2,500) "CHEATING CHEATERS" (Univ.) LIBERTY— (1,500), 10c-15c-26c-36c, 3 days. Gross: $550. (Average week, $2,500) 99 Adventure, Show $13,000 In Pittsburgh Pittsburgh, Dec. 26. — The pre- Christmas slump here was just as severe as ever, with only two houses managing to withstand it. In both of these instances, there was strong stage support. At the Alvin, the Mills Brothers bolstered "One Exciting Adventure" perceptibly and gave the house an excellent $13,000, while at the Penn, Guy Lombardo's Standard Oil show came in for two days only to enable "Evelyn Prentice" to gather $14,000 in its eight-day stay. One of the big- gest flops of the season was "Student Tour" at the Fulton, where it was yanked after four days to $1,900, while "Anne of Green Gables" was hardly much better at the Stanley, collecting only $5,700 in five days. Total grosses in six first runs were §43,500. Average is $46,500. Estimated takings for the week end- ing Dec. 20 : "ONE EXCITING ADVENTURE" (Univ.) ALVIN— (2,000), 25c-40c. 6 days. Stage: Johnny Perkins, Mills Brothers, Gregory and Ramon, Jules and Josie Walton, Jerry Mayhall's band. Gross: $13,000. (Average, $10,000) "STUDENT TOUR" (M-G-M) FULTON— (1,750), 15c-40c, 4 days. Gross: $1,900. (Average for 6 days, $4,500) "EVELYN PRENTICE" (M-G-M) PENN— (3,300), 25c-50c, 8 days. Stage: Two days only, Guy Lorbardo, Cross and Dunn, Joan Abbott and Pat Barnes. Gross: $14,000. (Average, $12,000) "LIGHTNING STRIKES TWICE" (Radio) PITT— (1,600), 15c-35c, 6 days. Stage: "Schooldays on Parade" unit, with War- ren and Skinny Candler, Ruby Barth, Harry Richards, Cliff Carr, Lee Kramer, Bob, Babs and Bunny, Nelson Maples Collegians. Gross: $4,700. (Average, $6,000) "ANNE OF GREEN GABLES" (Radio) STANLEY— (3,600), 25c-50c, 5 days. Gross: $5,700. (Average for 6 days, $9,000) "WAKE UP AND DREAM" (Univ.) "READY FOR LOVE" (Para.) WARNER— (2,000), 25c-40c, 6 days. Gross: $4,000. (Average, $5,000) "Imitation" High, 2nd Buffalo Week Buffalo, Dec. 26. — "Imitation of Life" still was well over average in its second week, getting $9,300 against a normal $6,500 in the Lafayette. Everything else was off. Snow, ice, slush and Christmas shopping were factors. Total take was $36,700. Normal is $42,800. Estimated takings for the week end- ing Dec. 21 : "TRANSATLANTIC MERRY-GO- ROUND" (U. A.) BUFFALO— (3,500), 30c-55c, 7 days. Stage: Benny Davis and his "Star Dust" revue, with Jimmy Shea & Guy Raymond, Rollo Pickert, Edith Mann, Bobby Bernard. Jimmy Byrnes & Evelyn Farney, Blanche Lewis, Bobby Lane, Ruth King, Winstead Trio and Danny White. Gross: $12,500. (Average, $14,300) "READY FOR LOVE" (Para.) "WAGON WHEELS" (Para.) CENTURY— (3,000), 25c, 7 days. Gross: $5,000. (Average, $6,000) "GENTLEMEN ARE BORN" (F. N.) "MARIE GALANTE" (Fox) GREAT LAKES — (3,000) , 25c-40c, 6 davs. Gross: $3,800. (Average, $8,000) "THE PRIVATE LIFE OF DON JUAN" (U. A.) "ITS A GIFT" (Para.) HIPPODROME— (2,100). 25c-40c, 7 days. Gross: $6,100. (Average, $8,000) "IMITATION OF LIFE" (Univ.) LAFAYETTE— (3,300), 25c, 7 days, 2nd week. Gross: $9,300. (Average, $6,500) Thursday, December 27, 1934 MOTION PICTURE DAILY 9 MOTION PICTURE DAILY* HOLLYWOOD PREVIEW "The Gilded Lily i Paramount) Hollywood, Dec. 26. — Eentertaining and interesting from start to finish, this seems destined for certain popularity. The modern story, with light, dramatic romance sparkling with comedy, is lively wit, colorful action and dialogue intelligently directed for mass as well as sophisticate appeal. The entertainment quality is made punchy by sev- eral class performances. The film is packed to the hilt with unique potent selling angles. The premise is intriguing. Claudette Colbert, a New York office girl, falls in love with a nobleman incognito (Ray Milland) amid sequences reflecting the hectic excitement of metropolitan life, and the recreation of romance is catchy. Jilted, however, Miss Colbert is built into a glamorous creature by Newspaper Man Fred MacMurray. Visiting England as the star of a show, the Milland affair is on again, only to have the swain's timidity force Miss Colbert into MacMurray's arms. Ably assisted by Wesley Ruggles' clever direction, the Colbert-Mac- Murray-Milland trio does a grand job in capitalizing on all the hectic- fun of'daude Binyon's screen play of the Melville Baker-Jack Kirkland story. C. Aubrey Smith, Luis Alberni, Ferdinand Munnier and Edward Gargan are outstanding in support. No code seal. Running time, 80 minutes. "G." "Charlie Chan in Paris" (Fox) Hollywood, Dec. 26. — Well-timed for suspense, Charlie Chan again solves a mystery tangle in the philosophical formulae typical of the original Earl Derr Biggers character. The setting this time is in Paris, running from the social register to the sewers. This one ranks high in the Chan category, supplying interest through- out. Warner Oland turns in a topnotch performance as the leading character, providing the solution to bond forgeries and a dual murder. Mary Brian and Thomas Beckett supply the romantic theme which is subordinated for the mystery plot. The climax features Oland's showup of the bank head and a drunken artist as the murderers' and embezzlers, proving they worked in cahoots, posing alternately in the fictitious characterization of a cripple. The usual Chan solution shows the cops as a bunch of dumb flatfeet at the fadeout. Erik Rhodes' cast portrayal as the drunken artist is a standout with Oland's performance measuring to par. Excellent suspense buildup is managed by Director Lew Seiler from an interesting original by Philip MacDonald. This one should set well with Chan followers. Previewed without production code seal. Running time, 70 minutes. "G." "The Man Who Knew Too Much" (Gaumont British) London, Dec. 4. — This is the British equivalent to gangster stuff — with a difference. Its big scene stages what amounts to a reproduc- tion of the ''Sidney Street siege" of pre-war days, when the London I police and military shot up an anarchist gang in an East End house. ! Of equal importance is the high level of the characterization and the | strong vein of humor, which is much more than the conventional relief. It is a workmanlike production in all details and a lot of the credit is due to Alfred Hitchcock's direction. Hitchcock made good films in England when every good British film was a miracle, and this one shows that he still knows how to get the sort of acting from British players that they often only deliver when they get to Hollywood. There is good plot value. Holiday making in Switzerland, a Lon- doner becomes possessed of information which would enable the British police to stamp on an assassination plot. His child is kidnapped and he is warned that she will die if he divulges the secret. So he decides to play a lone hand, back in London. The chase leads him to Wapping, where he falls into the gang's clutches, but gets a warning through to his wife that the murder is to take place at a concert in the Albert Hall. She spoils the murderer's (Continued on page 10) M DON'T LET THE BATHING SUIT FOOL YOU! IT'S PEGGY SHANNON, ONE OF THE HEAVENLY BEAUTIES IN "NIGHT LIFE OF THE GODS". . . . . . Lowell Sherman's Universal Mirthquake! MOTION PICTURE 10 Thursday, December 27. 1934 Looking 'Em Over "The Man Who Knew Too Much" {Continued from page 9) aim and the celebrity is only wounded. The police besiege the Wapping retreat and there is a battle, ending the right way. Production and box office values are both high. Using the 8,000- seat Albert Hall itself as his studio, Hitchcock has put over a really big scene in the depiction of the attempted assassination and all through maintains suspense at a high level. There is real laughter in secondary scenes, notably in the hero's encounter with a crook dentist, whom he gases, and in the predicament in which his friend and he find them- selves at a "Church" service which is part of the gang's camouflage. Acting, in the hands of Leslie Banks, Edna Best, Peter Lorre, Frank Vosper, Nova Pilbeam and Hugh Wakefield chiefly, is worthy of the imaginative direction, and even the most minor characters are carefully studied. An all-round good picture of its type. Running time, 80 minutes. "G.." "Lady in Danger (Gaum-out British) London, Dec. 6. — This British effort is a farce-comedy made ac- cording to the well recognized Aldwych Theatre tradition. That means good situations, peppy dialogue from Ben Travers and good direction and good acting as well from Tom Walls. How it will go over depends entirely on an audience's reaction to Walls. The story is that of a British business man trading in armaments who smuggles to England a Ruritanian queen whose country is having a revolution. There are the to be expected misunderstandings regarding his relations with the lady, whose identity has to be concealed. Fiancee, business partners and respectable servants all think the worst, until the king turns up from Paris. There are lots of good laughs. Yvonne Arnaud as the queen makes the most of the possibilities in the way of innuendo presented by the fact that her English is always capable of being taken two ways. It is a strong company, all through, with Leon M. Lion, Hugh Wakefield, O. B. Clarence and Anne Grey among others. If the American public likes the Walls touch it will enjoy all of it. Running time, 63 minutes. "G." British Censor Certificate : "A." ALLAN "Ticket to a Crime" (Beacon) Thanks to its humorous content, "Ticket to a Crime" manages to be a fairly entertaining film. Although the production is a mystery melo- drama, it depends on the fun arising out of the friendly enmity between two rival detectives, Ralph Graves and James Burke, for its chief appeal. Neither the plot nor its method of development has much worth praising, and in its attempt to get laughs the picture seems to lose sight of the fact that its primary purpose should be to mystify. The acting does not always help matters, although there are in the cast a number of names that ought to prove an aid in exploiting the production, such as Graves, Lois Wilson and Lola Lane. Charles Ray is seen in a minor role. Among the other players are Edward Earle, Hy Hoover and John Elliott. Mystery rears its head when Miss Wilson's father is murdered at a swanky party. There is no lack of suspects. A parcel of valuable pearls in the possession of the old man is the inspiration for the murder. Graves and Burke, the former as a private detective, work on the case. After a lot of hocus-pocus, some of it within the bounds of belief and some of it not, Miss Wilson's' second husband is revealed as the culprit. Graves and Miss Lane provide the film with a measure of romance. Lewis D. Collins directed. No seal. Running time, 67 minutes. "G." "Don Quixote ( Valdemar D. Bell) Those who have read the Cervantes classic will be somewhat disap- pointed in the film transcription. There is so much richness of incident in the book that perhaps no screen treatment could do full justice to it. Even as it is, the version under discussion, turned out in Great Britain by Nelson Film, Ltd., in conjunction with Vandor Film, is attractive film fare that makes Quixote more of a tragic figure than Cervantes intended him to be. Feodor Chaliapin plays the Don to good effect. The one serious fault is that he is not always intelligible. Many others in the cast are guilty of the same fault. The script gives the famous basso plenty of oppor- tunity to exercise his singing voice. The high quality of the settings and the beauty of the photography, (Continued on page 11) Signs 29th Pact Buffalo, Dec. 26 — Frank Nowak, manager of the Lin- coln and Universal's oldest customer, has just signed his 29th annual contract with the Buffalo Universal branch, headed by Dave Miller. No- wak sighs for the good old days before clearance, when he used to book films ahead of or simultaneously with the downtown houses. "We Live" Is Fair in Lull At Cleveland Cleveland, Dec. 26. — "We Live Again" was the best draw of a poor week. Christmas shopping and icy streets combined to keep people away from theatres. Nobel Sissle, a local boy, was a good draw at the Palace. Other first runs were much lower than recent weeks and neighborhood busi- ness was 'way off. Total gross was $30,050. Average is $38,000. Estimated takings : Week Ending Dec. 17: "FIRST WORLD WAR" (Fox) ALLEN— (3,300), 20c-30c-40c, 5 days. Gross: $2,450. (Average, $3,000) Week Ending Dec. 21: ' MUSIC IN THE AIR" (Fox) WARNERS' HIPPODROME— (3.800), 30c- 35c-44c, 7 days. Gross: $4,100. (Average. $6,000) "BY YOUR LEAVE" (Radio) RKO PALACE— (3,100). 30c-40c-60c, 7 days. Stage: Noble Sissle and His "Franco-Harlem" Revue. Gross: $12,000. (Average, $15,000) "WE LIVE AGAIN" (U. A.) LOEWS STATE— (3,400), 30c-35c-44c, 7 days. Gross: $8,500. (Average, $10,000) "IT'S A GIFT" (Para.) LOEWS STILLMAN— (1,900). 20c-30c-40c. 7 days. Gross: $3,000. (Average, $4,000) Reinhardt Suit Denied Los Angeles, Dec. 26.— The breach of contract action brought by A. W. Haendler, head of a Paris theatrical agency, against Max Reinhardt was denied today by Superior Court Judge Wilson. The charge against the im- presario was that he had failed to dis- charge a contract to produce "Die Fledermaus" in London. Take Baltimore House Baltimore, Dec. 26. — The Preston, residential house, has been taken over by the Associated Theatres, Inc., from C. H. Lighhauser. This makes 12 theatres now operated by Associated here. Will Hays on the Coast Hollywood, Dec. 26. — Will Hays, accompanied by his son, arrived here today for a two-week visit. The boy returns to Wabash College Sunday. Borzage Cracks Shoulder Hollywood, Dec. 26. — Frank Bor- zage is recovering at Queen of Angels Hospital from a broken shoulder, suf- fered in a polo match Monday. Furrer Gets Clyde Job Clyde. O., Dec. 26.— J. C. Furrer has been named manager of the Hark- ness, recently acquired by the Theatre Operating Corp. Reclaimed," Show Chicago Hit, $30,000 Chicago, Dec. 26. — Big money in a mild week went to "The Man Who Reclaimed His Head," with "Folies Begere" on the stage, at the Palace. The $30,000 gross was over normal by $8,000. "Babes in Toyland" did well at the Roosevelt, going $1,500 over the line on a take of §10,500. "One Night of Love" was still good for a par $5,000 in its seventh Loop week at the Gar- rick. "Desirable," helped by a vaude- ville bill at the Oriental, took $17,000. Total first run business was $138,- 500. Average is $139,600. Estimated takings : Week Ending Dec. 18: "BABES IN TOYLAND" (M-G-M) ROOSEVELT — (1,591), 25c-35c-50c, 7 days. Gross: $10,000. (Average, $11,000) "CHU CHIN CHOW* (Gaumont-British) McVICKERS— (2,284), 25c-35c-50c, 7 days. Stage: Shakespearean Plays. Gross: $10,500. (Average, $9,000) Week Ending Dec. 20: "MAN WHO RECLAIMED HIS HEAD" (Univ.) PALACE— (2,509), 25c-35c-50c, 7 days. Stage: "Folies Begeres" Revue. Gross: $30,000. (Average, $22,000) "ONE NIGHT OF LOVE" (Col.) GARRICK — (900), 25c-35c-40c, 7 days, 7th Loop week. Gross: $5,000. (Average, $5,000) "EVELYN PRENTICE" (M-G-M) CHICAGO— (4,000), 25c-50c-68c, 7 days. Stage: B. & K. Seasonal Revue. Gross: $30,000. (Average, $34,600) "DESIRABLE" (Warners) ORIENTAL— (3,940), 25c-40c, 7 days. Stage: Owen McGivnev, O'Connor Family. Billy Farrell & Dub Taylor. Gross: $17,000. (Average, $15,000) Week Ending Dec. 21: "FLIRTATION WALK" (F.N.) APOLLO— (1,400), 25c-35c-50c, 7 days, 3rd Loop week. Gross: $8,000. (Average, $12,000) "KID MILLIONS" (U.A.) UNITED ARTISTS— (1,700). 30c-40c-60c, 2nd week, 7 days. Gross: $16,000. (Aver- age, $17,000) Week Ending Dec. 22: "FUGITIVE LADY" (Col.) STATE-LAKE— (2,776), 20c-25c-35c, 7 days. Stage: Dave Seed, Harriet Cruisem Stratford & Mayberry. Gross: $12,000. (Average, $14,000) "Toyland" Lincoln Hit Despite Slump Lincoln, Dec. 26. — "Babes in Toy- land" caused a pre-Christmas jump at the Lincoln box-office and on the six days neared $3,000, which is good busi- ness. The Stuart's five days with "Music in the Air" and Orville Rennie's ap- pearance was not a bit hot with $2,000 even. "Jealousy" at the Varsity was bad and "Gambling" with the Or- pheum stage show was just so-so. There were no full weeks on the row, since everything was broken to permit a Christmas day opening with new attractions. Estimated takings for the week end- ing Dec. 24: "MUSIC IN THE AIR" (Fox) STUART— (2,000), 10c-25c-40c, 5 days. Gross: $2,000. (Average, 7 days, $3,100) "BABES IN TOYLAND" (M-G-M) LINCOLN— (1.600). 10c-15c-25c, 6 davs. Gross: $3,000. (Average. 7 days, $2,200) "JEALOUSY" (Col.) VARSITY— (1,100), 10c-25c, 5 days. Gross: $900. (Average, 7 days, $1,500) "GAMBLING" (Para.) ORPHEUM— (1,200), 10c-15c-25c, 4 days. Stage show. Gross: $1,700. (Average, 7 days, $2,300) Thursday, December 27, 1934 MOTION PICTURE DAILY Oil Poured on "U's" Ruffled Studio Waters (Continued from page 1) recently formed production cabinet, will keep a closer eye on production than has been his wont for several years now and at all times will main- tain his control over studio activities. Laemmle pere and Laemmle fils have had some differences of opinion over production policy and manage- ment. That, however, is understood to have been entirely straightened out, largely through the intercession of James R. Grainger, general sales manager, who arrived from the east a few days before Christmas. Grainger relayed to the elder Laemmle exhibi- tor reactions over the fact that sev- eral of the more important pictures pledged by Universal not only have not been delivered, but have not even been placed in production yet. With approximately 7.000 contracts sold this season to date, his arguments are re- ported to have carried the necessary weight in persuading the Laemmles to concentrate on making pictures. Irene Dunne has been signed for the romantic lead in "Show Boat," for which plans are now moving. "The Return of Frankenstein" is scheduled to go before the cameras in two weeks and the same applies to "The Great Ziegfeld." Coast Production Drops for Holiday (Continued from page 1) week. In addition, there are 19 fea- tures and seven shorts in the final stages of preparation, while 36 fea- tures and 13 shorts are in the cutting rooms. Paramount tops the list for activity with seven features in work, two pre- paring and three editing ; M-G-M has four, one and nine ; Radio, four, three and two ; Fox, six, three and three ; Warners, three, two and eight ; Cent- ury, two, zero and zero ; Universal, two, two and three ; Goldwyn, one, zero and zero ; Columbia, one, one and three ; while the independents aggre- gate three, five and five. In the short subject division Roach had two shorts in work, none prepar- ing and three editing. M-G-M had one, three and three ; Columbia, one, one and two ; Warners, one, zero and zero ; Radio, zero, three and five. N. E. Allied Men to Meet in Boston Soon (.Continued from page 1) Jan. 8, according to Business Mana- ger Arthur King Howard. It is be- lieved that one day will be sufficient for all business including election of officers for the coming year. Nathan Yamins heads the divisional activities which, in the past few months, have included the establish- ment and rejuvenation of units in all New England states but Connecticut and the jumning of membership to nearly two and one-half times its for- i mer figure. The spot for the meet- ing has not yet been picked. Short Subjects "Mexican Idyl" (First Division) Produced by Audio Prod, in Tech- nicolor, panoramic beauty sweeps the various pastel scenes in a most in- triguing and picturesque short. Rob- ert C. Bruce guided the camera which caught all the beauty of the hills and mountains, sheep browsing in pastures and goats in quiet fields. There are the blue haze hills of Southern Cali- fornia which serve as a background of the Mexican hideaway, snuggled away by its lonesome to the content- ment of its sparse dwellers. Two musical interpolations, "Beau- tiful Sky" and "The Swallow," add to the enchantment of this color fiesta. It is truly a work of art and a pleasure to see. Production Code Seal, No. 274. Running time, 6]/2 mins. "G." "Sunshine Makers" (Van Beur en-Radio) This, the latest of the Rainbow Parade series of cartoons done in Cinecolor and produced by Van Beuren, is grand entertainment. It should please wherever played. The story is laid in a mythical corner of Heaven where two groups of miniature people live. One is con- cerned with sunshine and happiness and the other with shadows and gloom. A war breaks out between the two factions and the happier of the two wins by bombarding the other with bottles of sunshine to completely do away with their old mode of liv- ing. Production Code Seal, No. 0242. Running time, 8 mins. "G." "Perfectly Mismated" (Columbia) Leon Errol's performance in this one is all that permits it to be classed as entertainment. With Dorothy Grainger, Vivian Oakland and Fred Malatesta also in the cast the picture is a series of slapstick situations. Everyone but Errol seems to do noth- ing but run about screaming, falling over each other and breaking furni- ture. Where old-fashioned slapstick is annreciated this one should please. Production Code seal, No. 371. Run- ning time, 20 mins. "G." "Buried Loof' (M-G-M) Hollywood, Dec. 26. — "Buried Loot," the first of a new series titled "Crime Shorts," should be an asset to any program. The story unfolds a perfect crime that failed, the moral being : crime does not pay. Sus- pense elements in this one will pro- voke more audience interest than most program features. Screen play and direction by George B. Seitz. Harry Rapf pro- duced. Production Code Seal No. 376. Running time, 16 mins. "G." "Spring in the Park" ( Universal) Oswald is a copper in this one. A nursemaid is the cause of a feud be- tween him and a sergeant. When his superior tries to order him about and cop the gal, Oswald makes things pretty hot for him. It provides some hilarious moments. Code seal No. 383. Running time, 7^ mins. "G." Looking 'Em Over Don Quixote (Continued from page 10) credited to Nicholas Farkas, make amends for whatever shortcomings the production may have. George Robey, the AH Baba of "Chu Chin Chow," is vastly amusing in the role of Quixote's servant. Sidney Fox plays the niece nicely. Other players include Oscar Asche, Miles Mander and Emily Fitzroy. The direction of G. W. Pabst is commendable. No code seal. Running time, 79 minutes. "G." "Murder in the Clouds (First National) Those that want action and mystery should go for this in a big way. Exhibitors should have no trouble exploiting it, either. The story won't stand up under close scrutiny, but the thrills handed out, particularly in the flying scenes, more than make up for this. The yarn opens at an airport where Lyle Talbot is the chief pilot, and pal of his co-pilot (Robert Light). Ann Dvorak, Light's sister, is also Talbot's sweetheart. Gordon Westcott is also a pilot at the same field and in love with Miss Dvorak. This sets the scene for the mystery to enter in the form of a new bomb sent to the War Department in Washington by a plane piloted by Talbot. He is slugged and Westcott takes his place, with Light as co-pilot. The Department of Justice, the aero police, state police and Talbot all join in the hunt for the missing- cylinder when the plane carrying it is blown up. To make things more complicated Miss Dvorak is kidnapped by the culprits when she blunders onto their hideout. Talbot forces Westcott to the ground when he tries to fly away with the bomb and captures him, thus paving the way for his wedding with Miss Dvorak. D. Ross Lederman directed capably and got the most out of a weak story. Warren Lynch's photography is good, especially on tbe air work. Others in the cast are Charles Wilson, Henry O'Neill, Arthur Pierson and George Cooper, who effectively handles the comedy. Production Code Seal, No. 380. Running time, 61 minutes. "G." I Sell Anything" (First National) Here is a picture that probably inspired great hopes in story form, but the finished product falls short. It, nevertheless, has swell exploita- tion possibilities and is good entertainment, the kind that goes over well in neighborhoods and small towns. The picture is well cast, with Pat O'Brien giving a nice performance in a role that is suited to his particular ability. Ann Dvorak, Russell Hopton, Claire Dodd and Roscoe Karns all turn in good performances. Gus Shy's comedy is grand. The story boils itself down to an expose of the auctioneer racket. O'Brien, as "Spot Cash" Cutler, is a cheap auctioneer specializing in talking people into buying things they don't want or need. After being taken himself by Miss Dodd he graduates to Broadway with that par- ticular lady's assistance. Not satisfied with his new success and wanting to climb higher, O'Brien and Miss Dodd cook up a deal to sell fake antiques in the home of a now broke member of New York's aristocracy, claiming that the articles sold are old familv treasures. The finish is novel, but one that is easily anticipated, and O'Brien winds up where he started, sadder but wiser with Miss Dvorak as his bride. Production Code Seal, 234. Running time, 70 minutes. "G." "The Prescott Kid" (Columbia) Tim McCoy finds himself back in the saddle in "The Prescott Kid," as rip-roaring a western as the star has ever appeared in. Once he rides into the picture there is no doubt right will triumph over wrong. The story details McCoy's efforts to bring law and order to a desert town ruled by ruffians. A sweeter mission he hardly could have taken upon himself. Things are made hotter for him when he is mistaken for the new sheriff, a mistake which is not discovered by the citizenry until the closing moments. By the time the sheriff turns up, Tim has paved the way for law and order pretty nicely. The big moment for McCoy is when he unmasks as the villain-in- chief the man who holds Sheila Mannors' trust to the point that she is ready to marry him. By this master stroke Tim also succeeds in clear- ing himself of the suspicion of having robbed the girl's father in a staee holdup. The fadeout has Tim and Miss Mannors beaming upon each other. Alden Chase is the public enemy No. 1 of the piece. David Selman directed. No code seal. Running time, 56 minutes. "G." PRESENTS - I UffD WERE AT THE ASTOR NOW! Doff your hat to the greatest comedy team in pictures! Toss a salute to happy Hal Roach! Broadway packs the celebrated Astor Theatre. And what lovely notices: " "^r ^ "A" V2 "A: — Entertainment "Recommended as bright and pretty hard to beat." —Daily He** amusing entertainment." " Deligh tf ul . Jo y t o yo ung a nd old . " — World-Telegra m "The merriest of its kind." — N. Y. Times "Delighful, enchanting, refresh- ing." — Daily Mirror -Herald -Tribune "Should appeal to grown ups as well as children." "Genuine delight. Worthy of your' attention." —Telegraph 2nd WEEK! AND BIGGER THAN EVER! The Leading Motioh^ Picture Industry MOTION PICTURE DAILY Alert, Intelligent the In in All Branches VOL. 36. NO. 151 NEW YORK, FRIDAY, DECEMBER 28, 1934 TEN CENTS RKO Gaining; 6-Month Net Is $231,348 Receiver Report Details 18 Months' Progress RKO had made substantial progress on the road to recovery by the end af June, this year, according to the final report of Irving Trust Co., as receiver. At that time the gross in- come of the company and its subsid- iaries from Jan. 1, 1933, to June 30, l')34, approximately the period of the receivership, had reached $68,873,884. 3 profit above all charges, except Fed- eral income tax, of $231,348.45. This profit was for the six months from January to the end of June. For the 12 months of 1933 the eompanv had a net loss of $4,384,064.09 on a ^ross income of §45,040,791.85. Dur- ing 1932 the loss was $10,695,503.20 Bn a gross income of $61,078,722.94. On Dec. 31, 1932, RKO and its sub- sidiaries had $2,798,000 in cash, exclu- sive of approximately $414,000 held (Continued on page 2) Opposition Looms On Operator Scale Although details of the temporary agreement reached by the fact finding committee for setting up basic wage scales for operators in New York have lot been made public, opposition looms when the public hearing is held in Washington on Jan. 10. Members of the committee are not Dpenly discussing the agreement, but i number of exhibitors who have been (Continued on page S) Music Hall Pulls $82,500 on "Eyes" "Bright Eyes" at the Music Hall tallied $82,500 for the week ending Wednesday night. Opening at the :ail end of the pre-Christmas slump, the Shirley Temple film fared badly at the start but wound up the last few days with some of the biggest iakes the house has had in some time. 'Little Minister" succeeded "Bright (Continued on page 12) Sinclair Men Row; Picture Leaders Relax California's Epic Plan Outlook Dims a Bit Sax Francisco, Dec. 27.— With the opening of the 1935 legislature less than a week away film men are feeling a little easier on potential anti- industry legislation, thanks to a defin- ite split in the Upton Sinclair "Epic" forces. Rumors that there had been a split and even that a state of general dis- integration had set in have been rife since the election of Governor Mer- riam, but had been denied. Because (Continued on page 11) Attack Fox Claims In Tri-Ergon Case Washington, Dec. 27. — Petitioners in the Tri-Ergon case today filed sup- plemental briefs with the U. S. Su- preme Court attacking most of the points on which William Fox bases (Continued on page 7) ONLY TWO OPPOSE NEW PARA. SETUP Chicago Now Agitated by Premium Ban Chicago, Dec. 27. — One of the most fiercely contested controversies to agitate this city is raging on the ques- tion whether premiums should be banned under the code. Ballots have been sent to exhibitors in the metropolitan area by the local board asking for an expression of those who want to discontinue give- aways. While B.&K. and other lead- ing circuits are said to favor the pro- posal, it is predicted many indepen- dents, will not return the negative ballots, thus voting for continuance of the practice. Giveaways are entrenched among lower-priced houses. Operators contend they must offer some inducement to (Continued on page 8) Schaefer Decries Strife; Hammons Hits Twin Bills Bogue in Court, So Met Plan Goes Over Filing of the plan of reorganization or Fox Metropolitan Playhouses with 7ederal Judge Julian W. Mack, orig- nally scheduled for yesterday, was (Continued on page 8) By E. W. HAMMONS President, Educational Pictures General recognition of the evil char- acter of the double feature practice, ac- knowledgment of the seriousness of this problem, and concentration on settling it, seem to me the most encouraging signs for the industry as we turn the corner into a new year. Except, of course, for the general improve- ment in business all along the line, which is now so increasingly obvious as to encourage all but the most confirmed pessimists. It is true that double features have (Continued on page 16) By GEORGE J. SCHAEFER General Manager, Paramount Publix At this time of the year we have the usual predictions of pictures of box-office merit for the New Year, and of course, in a measure we will prosper depend- ing upon the ful- fillment of our ambitions and hopes. This industry will only really prosper, how- ever, when the continual strife from within is minimized. In no other industry do we see a selfish few who strive to rule or ruin. So ^Continued on page 16) George Weeks, Gradwell L. Sears and Jules Levy discuss the com- ing year outlook on page 16. Zirn, Palmer Examine Witnesses — Second Session Today Opposition to the Paramount Publix plan of reorganization was confined to two representatives of small credi- tor groups during the first day of hearings on the plan, which began yes- terday before Federal Judge Alfred C. Coxe in U. S. District Court. Following an all-day session during which witnesses were called to estab- lish formal proof of Paramount as- sets for the information of the court and creditors an adjournment was taken until noon today, when testi- mony bearing on statements contained in the plan will be resumed. Cross-examination of witnesses along lines revealing opposition to sev- eral phases of the plan was conducted only by Samuel Zirn, said to represent less than $40,000 of Paramount deb- entures, and by Archibald Palmer, counsel for stockholders and bondhold- ers of Allied Owners Corp., one of the largest Paramount Publix credi- tors. Allied Owners, itself, interposed no objection to the plan yesterday, although its counsel, Monroe Gold- water, was present throughout the hearing. The court did not require Palmer to disclose whether or not he represented creditors of Paramount, although he stated unofficially that he (Continued on page 8) Stuart Webb Heads First Div. Board First Division Exchanges, Inc., con- tinued its expansion program yester- day by electing Stuart Webb, presi- dent of Pathe, as chairman of the First Division board. Harry H. Thomas, president, an- nounced the appointment of Amos Hiatt as his assistant. Hiatt has been (Continued on page 11) Move on for Boost In All Admissions A concerted move is under way to increase admissions in this territory, the plan providing that all independent and circuit houses go along simultane- ously. A committee of circuit and in- dependent leaders has been appointed to work out the plan. A meeting was (Continued on page 11) MOTION PICTURE DAILY Friday, December 28, 1934 MOTION PICTURE DAILY (Registered U. S. Patent Office) Vol. 36 December 28, 1934 No. 151 Martin Quigley Editor-in-Chief and Publisher MAURICE KANN Editor JAMES A. CRON Advertising Manager Published daily except Sunday and holi- days by Motion Picture Daily, Inc., sub- sidiary of Quigley Publications, Inc., Martin Quigley, President; Colvin Brown, Vice-President and Treasurer. Publication Office: 1790 Broadway, New York. Telephone Circle 7-3100. Cable ad- dress "Ouigpubco, New York." All con- tents copyrighted 1934 by Motion Picture Daily, Inc. Address all correspondence to the New York Office. Other Quigley pub- lications: MOTION PICTURE HERALD, BETTER THEATRES, THE MOTION PICTURE ALMANAC and THE CHI- CAGOAN. Hollywood Bureau: Postal Union Life Building, Vine and Yucca Streets, Victor M. Shapiro, Manager; Chicago Bureau: 407 South Dearborn Street, Edwin S. Clif- ford, Manager; London Bureau: Remo House, 310 Regent St., London, W. 1. Bruce Allan, Representative. Cable address: "Ouigpubco, London"; Berlin Bureau: Berlin - Tempelhof , Kaiserin - Augustastrasse 28, Joachim K. Rutcnberg, Representative; Paris Bureau: 19, Rue de la Cour-des- Noues, Pierre Autre, Representative; Rome Bureau: Viale Gorizia, Vittorio Malpassuti, Representative; Sydney Bureau: 102 Sus- sex Street, Cliff Holt, Representative; Mex- ico City Bureau: Apartado 269, James Lockhart, Representative; Glasgow Bureau: 86 Dundrennan Road, G. Holmes, Repre- sentative; Budapest Bureau: 3, Kaplar-u, Budapest, II, Endre Hevesi, Representa- tive; Moscow Bureau: Civtzev Vrazhek, N. 25, Apart. 146, Moscow, U.. S. S. R., Bella Kashin, Representative. Cable ad- dress: "Samrod, Moscow." Entered as second class matter, January 4, 1926, at the Post Office at New York City, N. Y., under Act of March 3, 1879. Subscription rates per year: $6 in the Americas, except Canada $15 and foreign $12. Single copies: 10 cents. ITOA Discusses Power Plans whereby independents can generate their own electricity by in- stalling individual generators in the- atres were discussed yesterday by the I. T. O. A. The device is said to cost around $90. Twice scheduled, the Loew protec- tion situation in the local territory did not come up yesterday. The matter is now believed to be a dead issue. RKO Gaining; 6-Month Net Is $231,348 (Continued from page 1) by subsidiaries which subsequently went into bankruptcy or receivership. At the end of the receivership on June 30 the cash on hand was approximately $4,977,000, an increase of about $2,- 179,000. During this period the fixed indebtedness was reduced by $1,802,- 233.58 and interest on indebtedness was paid in the amount of $2,- 173,509.73. Report Covers Up to June 30 The report on the receivership covers the period only up to June 30, because on July 1 the company went into bankruptcy under Section 77B of the new bankruptcy law for pur- poses of reorganization. Since that time Irving Trust Co. has been act- ing as trustee in bankruptcy and shortly after the first of the year will file an accounting for the year's opera- tions. It was stated yesterday that a loss probably would be shown for the 12 months, although it will be greatly reduced in comparison with last year's figures. No petition for allowances has been filed yet by the trust company, al- though one will be in the near future. Income taxes were not included in the receiver's report, because under the changed law these cannot be consoli- dated with subsidiaries and the total income for the year is not known yet. Little progress has been made on the settlement of claims against the companies and no reorganization plan is in sight as yet. Whether the com- pany will be taken out of bankruptcy during 1935 is uncertain. Claims Filed Total $35,766,416 During the receivership claims filed totaled $35,766,416.60. Hearings on claims totaling $25,866,454.71 have been held by Special Master Thomas D. Thacher, but no decisions have been rendered. Others have been dis- missed, some have been allowed and hearings on others are pending. Some additional claims have been filed Donat May Do "Adverse" Hollywood, Dec. 27. — Robert Do- nat is being considered for the lead- ing role in "Anthony Adverse." War- ners are waiting for him to arrive from England for tests. His first pic- ture under a long term contract with the company will be "Captain Blood." Clardy Wins ASC Award Hollywood, Dec. 27. — R. B. Clardy has won the annual amateur award of the American Society of Cinemato- graphers for a 200-foot reel, "New Horizon." Second prize went to Tatuschi Okamoto of Matsuyma, Japan, for a picture called "Tender Friend- ship." Close Northwest Deal Bud Rogers, general manager of Liberty Pictures, has closed a deal with Elliott Film Co. of Minneapolis for distribution of Liberty product in the Minneapolis and North and South Dakota territory. since the bankruptcy status of the company began. In discussing operations on subsid- iaries the report says : "During the year 1932 RKO Radio Pictures, Inc., and RKO Pathe Pic- tures, Inc., and their subsidiaries showed a combined loss of $5,381,- 051.18. During 1933 operations re- sulted in a loss of $1,290,685.48, an improvement of over $4,000,000. Sub- stantially all this loss was incurred during the first six months wherein a loss of $1,212,947.07 was sustained. During the same six-month period of 1934 operations resulted in a profit of $275,783.74, before Federal income tax. The combined cash balances of these companies increased from ap- proximately $330,000 on Dec. 31, 1932, to approximately $2,086,000 on June 30, 1934. "The 1932 operations of Pathe News, Inc., resulted in a net loss of $134,830.78. During 1933 this loss in- creased slightly to $141,233.64. How- ever, considerable improvement is in- dicated by the results of operations for the first six months of 1934, which show a net loss of $33,793.55, com- pared to a net loss of $82,192.29 for the same period in 1933." Dreher Again on Board Hollywood, Dec. 27. — Carl Dreher, who has been chairman of the board of judges for the scientific and tech- nical awards of the Academy for the past three years, has again been ap- pointed to that post by Nathan Lev- inson, chairman of the Technicians' Branch. Each studio, equipment company and technician will be in- vited to submit nominations for vari- ous devices. Final decisions will be announced at the Academy banquet Feb. 27. Ready Theatre Directory Annual directory of Greater New York theatres being compiled by the New York Film Board of Trade will be ready on Jan. 10. It will show more houses in operation than last year as well as an increase in the number of sound theatres. "Bar Mitzvah" Started Henry Lynn, director for Sov-Am Film Corp., has begun shooting "Bar Mitzvah," second of the Yiddish talk- ers on its schedule. It will have a mus- ical background and explanatory titles in English. Warner Pfd. Drops Point on Big Board High Low Close Columbia Pictures, vtc 37 3654 3644 Consolidated Film Industries 554 5}4 554 Consolidated Film Industries, pfd 2054 1954 19*4 Eastman Kodak Ill 109*4 109*4 Eastman Kodak, pfd 141 141 141 Fox Film "A" 13 13 13 Loew's, Inc 3454 33*4 33*6 Paramount Publix 354 3J4 354 Pathe Exchange 1J4 1 154 Pathe Exchange "A" 13% 1354 13% RKO 254 234 2*6 Warner Bros 454 4 4 — Warner Bros., pfd 2054 20^ 2054 Trans Lux Off Eighth on Curb Net Change - *4 4- 54 + Vs -'A - *4 High Low Close Technicolor 13 1254 1254 Trans Lux 254 254 254 Warner Bonds Down One High Low Close General Theatre Equipment 6s '40 8J4 754 754 General Theatre Equipment 6s '40, ctf 8!4 8 8 Keith B. F. 6s '46 72 72 72 Paramount Broadway 5J4s '51 4554 45 4554 Paramount F. L. 6s '47 61 6054 6054 Paramount Publix 554s '50 61 6054 6054 Warner Bros. 6s '39, wd 5854 57*4 57*4 Net Change Net Change — *4 +2 + .10 itsf 9t0i ' e>c/ CENTURY PICTURE S Released thru UNITED ARTISTS MOTION PICTURE DAILY Business Revival Forecast; One Exhibitor Body Urged 6 Mexico Is Hit By the Start Of Free Show (Continued from page 1) bank's depositors and exhibitors are worrying about a spread of the idea. Cinelandia, devoted exclusively to shorts from noon to midnight, has been opened in a business building. This is the first house of the kind in Mex- ico. French and German two-reelers have made up the programs so far. Arcady Boytler, French actor and di- rector, heads a group of Mexican men behind the venture. * ■ **' $ Mexican producers are continuing to show a fancy for 10 and 12-reel his- torical films. The latest to be an- nounced is a drama based on the life and deeds of Netzahualcoyotl, poet and king of the Texcocans. Shock pictures are going over big here. An outstanding example is the reception being accorded "Forgotten Men" at the Cine Principal. Capacity crowds are the rule day and night at 28 cents. A heavy exploitation cam- paign preceded the showing. Free Shows Stopped In Boston Theatres (Continued from page 1) home after three days in New York. He said an agreement has been reached with Scott's Furriers to switch tryouts for ether shows from the Boston Opera House to one of the local theatres with the completed air program staged in a radio broad- casting station. New England independents objected to Scott's free admissions to the opera house during the tryouts, claiming that this type of gratis show has hurt theatre attendance. The fur concern has agreed to put on the tryouts at one of the local theatres where ad- missions are charged for the regular show. The tryouts will be an added attraction for which no increase in admissions will be charged, Levinson said. Whether the test performances will be put on at one theatre or routed has not been determined. Stanley Returns to Shows in Pittsburgh Pittsburgh, Dec. 30. — After two months of straight pictures, the Stan- ley will return to stage shows, tempo- rarily at least, the week of Jan. 11 when Jack Benny comes here at the head of his own unit. His wife and air partner, Mary Livingston, will be with him. Marcus Takes House Indianapolis, Dec. 30. — Manny Marcus has taken over management of the Capitol. The house is operated by the Central City Amusement Co., of which Carl Niesse is general man- ager. Oscar Bradley to Coast Hollywood, Dec. 30. — Oscar Brad- ley, recently signed as musical super- visor by Fox, arrives here within the next two weeks to assume his new duties. By EMMETT THURMON (Continued from page 1) ture success of the industry, that the children be brought back to the the- atre in order that they may grow up "movie-minded." The theatre code has moulded a few of the broken links in the production, administration and exhibiting ends of the industry. The code is not perfect by any means and has not accom- plished all it was hoped for. There has been much chiseling and manipu- lation to avoid the spirit and purpose thereof. Local exhibitors should be given a greater reign and control of the exhibition end of the industry. Local conditions are different and, therefore, need the ingenuity, experi- ence and knowledge of local exhibitors to formulate plans, methods and means of better handling the situations. The various boards set up under the code are not rendering the impartial and fair administration of the various things that come within their juris- diction as was anticipated. It is hoped that these errors and mis- takes may be corrected in the near future. It is evident that the various rep- resentatives of the producers, distribu- tors and exhibitors are beginning to more thoroughly understand and ap- preciate the necessity of a close and mutual interest of each other than ever before. Yet, there is much to be accomplished along this line. Live and let live is still a fundamental necessity in the industry. Urges One Exhibitor Body One of the greatest necessities, in- sofar as the exhibitors are concerned, is one national organization that will represent the exhibitors honestly, fair- ly and for the interest of all. It is quite difficult to accomplish any great good when the exhibitors fuss, fight and disagree among themselves as to a national policy. A united front with all guns directed on a strategic point is vital. The Federal laws pertaining to copyrighted music should be changed in order that the exhibitors and pro- ducers should not be overburdened with unreasonable, unjust and detri- mental fees, licenses and taxes. This can be accomplished when our sena- tors and congressmen thoroughly un- derstand the situation and they can be made to understand if the exhibitors co-operate in a body to present their cause. Fundamentally, there isn't anything wrong with the industry. It is a wonderful enterprise and essential to the welfare and contentment of the public. It affords the cheapest and best entertainment possible. The busi- ness is not a racket, but a legitimate industry, worthy of the most serious consideration of our best minds. Many individuals deserve much credit for the valuable work, effort and good judgment which they have used in building up this great business thus far. If we profit by the mistakes of yesterday, tomorrow will be filled with pleasant surprises ; if the un- worthy can be eliminated and quality substituted therefor, the industry will survive and build on to greater heights. By M. E. COMERFORD (Continued from page 1) I feel, however, that we will ex- perience a real revival in business dur- ing the coming year. Every indica- tion now points that way. The appre- ciation in the value of securities, the advance in orders along the major industrial lines and other tangible evi- dences of increasing public confidence sustains the conviction that as a nation we are getting back on our feet In that relation it is also very reasonable to conclude that the bigger business elements will come into more complete harmony with the announced purposes of the national government. As these policies have also been made a part of the official programs of about 43 states, including all of the major commonwealths, we can, with much hope, look for business revivals of a very definite nature. All of this will be mutual. Amer- ican business leaders are reasonable. They are also patriotic and, in the main, have no desire to oppose the policies of the government. As in other lines, it is to be pre- sumed that where changes are neces- sary those in charge of different major elements in the business will make re- adjustments to fit into the general scheme of things. As matters move generally so we must move. We can even assume a leadership and give our resources and facilities to the work of helping to guide these new movements and coordinate the prosperity trend of the nation. Sees Opportunity for Service I feel that we aie in a position to lead and our daily contact with the public will enable ms to be of much service to government, business and the people generally. In my own dis- tricts, I am putting this idea into prac- tice as much as I can and I find that these efforts not only help the general situation along but meet with popular approval. In the specific handling of our own business, of course, we must have ap- pealing programs. It is not only nec- essary to have good pictures, but the shows must be blended to meet up with the desires and emotions of the people. We could with profit give more time to that feature. In picture production attention must be given to the demands made upon us by church authorities and others. Some of these may seem unreasonable. But let us always approach the matter in a conciliatory and helpful way. It is the right of the government and the churches to insist upon certain picture standards as is the case in other things. We are in agreement with all on the desirability of having wholesome en- tertainment. That is our policy and will be found to be the general rule. It is only the exceptions to this which cause controversy. In 1935, I feel that every responsible element in our business should move toward aiding the trend toward pros- perity. That is fundamental. We must recognize it. Then in the direct- ing of our internal business affairs we will find that an honest, equitable and fair policy all around will beget con- fidence and increase our general busi- ness and bring prosperity to all theatre owners and, of course, in a correspond- ing degree to all others in the industry. I earnestly hope for a prosperous 1935. Monday, December 31, 1934 KMTA Closely Watching Two Legislatures (Continued from page 1) ranks, will represent the industry in this territory at Jefferson City, Mo., while R. R. Biechele, secretary of the organization, will watch developments at Topeka. Several bills inimical to the indus- try are reported ready to be thrown into the Missouri hopper. In addition, Governor Park has announced he will seek extension of the sales tax and a boost in the present levy of one-half of one per cent to at least one per cent. The sales, or occupation tax is at present absorbed by the exhibitor as an assessment on theatre tickets. Stapel favors a levy that can be passed on to the ticket buyer. The Missouri sales and liquor taxes, passed at the 1933 session as emergency measures, have not pro- duced the expected or required revenue for relief, which faces a deficit of $2,500,000 for the biennium ending Dec. 31. Merchants throughout the state are reported to have organized to resist extension or increase of the sales tax, but it is pointed out that opponents must present some taxation program in order to defeat the sales levy increase. Report British Busy On Stereoscope Film (Continued from page 1) correspondent of the North American Newspaper Alliance, in an article cabled to this country. Gaumont, the article states, has equipped a special research laboratory for the experiments and hopes for definite results within the next year. One system involves embedding in the film itself two separate lenses and also requires a special screen. Details are being kept secret. Complicated proc- esses of filming and projection are in- volved, the writer states. "A second process," the article con- tinues, "involves the printing of two views of the same scene on the same positive film. The difference of the angle of the two views is the distance between human eyes. In projection the film would have to travel behind ten lenses, and the screen would have to be fitted with lines or bars to pre- vent the right eye from seeing the left- eye picture and vice versa. "Up to the present, most film pro- ducers here have been afraid of the introduction of stereoscopy and of color films. Their advent would in- volve revolutionizing their methods of photography and new projection in- stallations. The public, however, once a stereoscopic film had been suc- cessfully launched, would turn away from the present shadow pictures as they did from silent films when the first talkie appeared." More Delay for "Sharp" Hollywood, Dec. 30. — The produc- tion of Pioneer's first picture, "Becky Sharp," which was temporarily halted by the death of Lowell Sherman, who was directing it, will be further hind- ered, it is thought, by a cold and eye illness that has confined Miriam Hopkins to her home. WILL YOU BE THERE WHEN THE FEDERATION ROLL IS CALLED? AMUSEMENT DIVISION CHAIRMAN: Albert Warner EXECUTIVE COMMITTEE: David Bernstein Jack Cohn Al Lichtman Louis Nizer Eugene Zulcor TEAM CAPTAINS: Motion Picture Producers and Distributors SAM MORRIS Warner Bros. DAVID BERNSTEIN LEOPOLD FRIEDMAN Loew's M.G.M. AL LICHTMAN United Artists JACK COHN A. SCHNEIDER Columbia Pictures EUGENE ZUKOR Paramount Pictures JULES LEVY PHIL REISMAN R.K.O. ED. L ALPERSON HARRY BUXBAUM Fox HARRY THOMAS Independents Independent Theatre Exhibitors LOUIS FRISCH SAM RENZLER Independent Theatre Owners HARRY BRANDT LEO BRECHER Legitimate Theatres MARCUS HEIMAN DR. HENRY MOSCOWITZ Radio Artists and Stage Artists PHIL BAKER EDDIE CANTOR Music Publishers LOUIS BERNSTEIN J. J. BREGMAN IRVING CAESER ROBERT CRAWFORD EDWARD MORRIS SIGMUND ROMBERG HENRY SPITZER Laboratories and Trailers HARRY GOETZ JACK GOETZ HERMAN ROBBINS Booking Offices ABE LASTFOGEL WILLIAM MORRIS, JR. MARVIN H. SCHENCK LOUIS K. SIDNEY Motion Picture and Theatrical Attorney LOUIS NIZER Trade Papers JACK A LI COAT E MAURICE D. KANN SID SILVERMAN CARL F. ZITTEL Orchestras and Vaudeville Stars BORIS MORROS Burlesque Theatres MAX RUDNICK Orchestra Leaders EDDIE DUCHIN Musicians MICHAEL MARKEL Motion Picture Club LEO KLEBANOW Come-On-Boys! Keep up the good work! We of the Amusement Industry must make GOOD our promise. A complete list of all contributors to the Federation Emergency Campaign will be published in this pub- lication soon. Will your name be among the missing? You don't want this to happen— Neither do we. So come through, boys— You've never failed a good cause yet. FEDERATION And Its 91 Charitable Institutions NEEDS YOU NOW Federation for the Support of Jewish Philanthropic Societies of New York City, the efficient 'community chest' for 91 leading welfare agencies, in- cluding seven nationally known hospitals. MOUNT SINAI BETH ISRAEL MONTEFIORE BEDFORD HILLS SANITORIUM LEBANON HOSPITAL FOR JOINT DISEASES JEWISH MATERNITY HOSPITAL whose services are given without re- gard to race, color, or creed, must wipe out a $2,071,000 deficit by De- cember 31, in order to balance its $3,655,000 budget. Federation helps more than a quarter of a million people every year. These unfortunates need Federation NOW more than ever before. ALBERT WARNER, Chairman 321 West 44th Street, New York I hereby make a special donation of $ payable before December 31, 1934. 1934 NAME ADDRESS Please make checks payable to WALTER E. BEER, Treasurer of Federation. MOTION PICTURE DAILY Monday, December 31, 1934 Urges Swing To Intern'l Film Slant By J. H. SEIDELMAN Foreign Manager, Columbia There have been many changes in the past 12 months in the foreign mar- kets, and these changes have very forcibly di- vided the world into two major classifications : (a) English- speaking terri- tories, including those which per- mit and accept American pic- tures with or without super- imposed titles. (b) Non - Eng- 1 i s h speaking countries. The American motion picture has held its own in the territories under (a) and in fact can boast of consider- able progress in those countries. Eng- land and its colonies are, of course, the most important group of these territories, and represent a very sub- stantial percentage of the foreign in- come. Fortunately, there has been no serious legislation in this group to impede the progress of American pic- tures. While it is true that local-made pictures have improved and increased in demand, they have only replaced the poorer American pictures and not the better class of imported productions. Laws Hurting U. S. Films The group of territories represented in (b) presents the most difficult prob- lems and returns the least revenue. The serious economic conditions of the various countries have forced the passing of legislation which has not only made it unprofitable for Ameri- can companies to do business, but, in many instances, wholly impossible. Fortunately this sjroup of territories contributes only a small portion of foreign income. A producer who wants to do a 100 per cent job must be "international minded" and must definitely plan to include in his program a few of the international type pictures. Local pic- tures can never compete with the im- portant pictures of Hollywood as long as they are confined to the limitations of a particular language or country. The formula for making suitable pic- tures for the foreign market must cer- tainly be well known to Hollywood producers by this time. The most im- portant thing of all is for such pro- ducers to be "foreign" as well as American-conscious when considering material for motion picture production. Suitable "international" pictures with less dialogue and more music will do more to break down local legislative resistance than all official diplomacy combined. With such pic- tures the year 1935 holds great promise to the American industry. Michael Back on Job Buffalo, Dec. 30. — Improved in health after his recent accident and illness, Jules H. Michael, Buffalo zone chairman of the M.P.T.O., is back at his desk every afternoon. Predicts Higher Takes for Outstanding in Attractions By CHARLES Producer for Hollywood, Dec. 30. — I believe 1935 will prove that the outstanding picture will gross more than ever before and that the ordinary "pro- gram picture" will gross even less than in re- cent years. I arrive a,t this conclusion from observa- tion and my con- tact with the activities of the various major studios in Hol- lywood. I find that the important producers are concentrating on the so-called "special picture," and that is where all of their enthusiasm lies, and when R, ROGERS Paramount they are called upon to produce the so-called "program picture," they ac- cept it grudgingly and do it in the light of a favor to the studio with not one iota of the enthusiasm it should receive. In view of this trend, it is very evident to me that 1935 will see the "special" better than ever and the "program picture" deteriorating. I believe that this situation is much more serious than the industry at large realizes, as a great deal of the terrific losses the theatres take are due to these so-called "program pictures." Therefore, it would seem to me that something very drastic and intelligent will have to be done before long by the production end of our industry to bring up the value of the program picture so that it will serve a better purpose than merely to meet a release schedule from a major company. Entirely Up To Hollywood Perspective V. By ARTHUR W. KELLY P. in Charge Foreign Sales, United Artists American pictures will continue to dominate the foreign market in 1935 as in previous years, provided Hollywood real- izes that we are doing a world- wide business, and keeps turn- ing out product that has an in- ternational ap- peal. Every pro- ducer in Holly- wood should have a map of the world tacked up on his wall, or a globe decorating his desk to remind him constantly that he is making pictures not only for Bridge- port and Broadway, but Bombay and Buenos Aires, London and Shanghai — in fact, every corner of the earth. What moviegoers the world over want are pictures that tell a down-to- earth story with a miximum of action and a minimum of dialogue. Variety, of course, is essential. Lavish musi- cal films, while desirable, should not predominate. Sophisticated society films are unacceptable and should be eliminated in non-English speaking countries. On the whole, the average fan abroad would rather see a Hollywood- made product with its tremendous star and production values (either dubbed or with superimposed titles) than a home-made picture in his own language. If the present trend toward action pictures is adhered to, the industry will do a far greater foreign business in 1935 than at any time in its history. Themes Bulk Big Abroad, Avers Hicks By JOHN W. HICKS, JR. Vice-President, Paramount Inter- national Corp. So far as it can be judged from this December vantage point, 1935 is com- ing in like any other year, neither better nor worse than any previous twelve months. During 1934 many of our problems have become intensi- fied, but on the other hand many of the knotty ones have been cleared up. Therefore, so far as a forecast of 1935 is concerned, any person's guess is as good as the next person's. One of the problems which we have always with us is that regarding over- seas production. I believe there must always be a certain amount of this. The British quota law for a numberof years has required American distrib- utors to produce in England, although there is always the possibility that new legislation will some day call for fewer and better quota pictures. Naturally the question of overseas distribution brings up the allied ques- tion of how Hollywood's production activities can aid us materially. Un- doubtedly the foremost of these aids can come with the production of pic- tures with themes understandable in all parts of the world. Our axiom in this connection is that if a picture's theme can be understood wholeheartedly ap- preciated by the middle west of Amer- ica, it can most certainly be understood throughout the world. Secondly there is the aid which can come from pic- Sees Quality Bettered for Foreign Mart By CLAYTON P. SHEEHAN General Foreign Manager, Fox It appears to me that 1935 will wit- ness a steady improvement in the quality of prod- uct produced for international en- tertainment. In Europe, es- pecially in Eng- land, local pro- duction has in- creased at a tremendous pace and American producers have seen the wisdom of p r o d u c i ng quality product for their own account in many countries. Fox has greatly expanded its local production schedule for 1935 in England, France, Germany and also its Spanish-language pictures made in Hollywood. It would seem that the awakening of picture producers in overseas terri- tories is a good competition omen for the future of the motion picture. tures more easily understandable by persons not knowing the language, but they produce material savings both in superimposing and dubbing costs. Third of these aids comes in the making each year of a few outstanding productions designed primarily with foreign distribution in view. It is pos- sible to make pictures which might not appeal tremendously in America, but which are large grossers overseas. Often these pictures are of the type truly entitled to the term of "spec- tacle." Musical pictures, in which real singers sing real songs are outstanding money-makers abroad. 1934 has wit- nessed the triumphs of a few pictures of this type and the magnitude of these triumphs is proof enough of the ad- visability of making such films a defi- nite part of every major company's program. So far as the proportion of these in relationship to other product is concerned, there is something which any internationally minded production executive can gauge for himself with- out excessive prompting from the in- ternational department of his company. The best guarantee for international distribution of the average picture, in addition to its having universality in theme, is that it should have a cast of players known to the public. We have to remember that audiences in foreign countries have to be content with either superimposed titles or dubbing and that, accordingly, they have to be compensated for being invited into the theatre by the prospect of seeing at least a couple of film faces that they readily know and love. We fully real- ize that in order to get new faces we have to bring them on the screen and make them known, but this process should be accompanied by showing them in association with definitely known film favorites. If the new- comers have the requisite talent, this will pretty soon show and the fans will get to know them just as they got to know their favorites of old.